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CC - Item 5A - Intergrated Solid Waste Handling Services Procurement - Best and Final Offer Proposal Results, Selection of Contractor and Award of Franchise AgreementROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: MAY 9, 2023 SUBJECT: INTEGRATED SOLID WASTE HANDLING SERVICES PROCUREMENT — BEST AND FINAL OFFER PROPOSAL RESULTS, SELECTION OF CONTRACTOR AND AWARD OF FRANCHISE AGREEMENT SUMMARY The City's exclusive franchise agreement for comprehensive refuse services with Consolidated Disposal Services (dba Republic Services) is set to expire on July 31, 2023. At the September 13, 2022, City Council Meeting, the City Council awarded a contract for Solid Waste Consulting Services to R3 Consulting Group, Inc (R3) to perform an assessment of the City's current solid waste programs and assist with the procurement of a new integrated solid waste handling agreement. Staff and R3 collaborated to create a Request for Proposals (RFP) document, create a draft Integrated Solid Waste Handling Agreement, and met with the City Council on November 8, 2022, for a solid waste procurement workshop. At the workshop, the Council provided feedback on the RFP process, timeline, and desired services and directed staff to proceed to issue the RFP for the City's integrated solid waste handling agreement. The RFP document was released on November 17, 2022, and on January 26, 2023, the City received five (5) proposals. At the April 11, 2023, City Council meeting, the City Council directed staff to request for Best and Final Offers (BAFOs) from the top two proposers, Republic Services and Valley Vista Services. Staff met with each proposer on April 18, 2023, to discuss the request for BAFOs and provided any necessary clarifications. A formal request letter for BAFOs was sent to the proposers on April 19, 2023, and on April 27, 2023, the City received BAFO proposals from Republic and Valley Vista Services (Attachment B and Q. Staff requests that: 1) the City Council review the best and final offers, 2) provide direction on the inclusion of the SB 1383 Fee in the service rates, 3) award an exclusive Franchise Agreement for solid waste handling services, with a ten year term, to one of the two finalists and adopt Resolution 2023-27 approving the Franchise Agreement, 4) authorize the City Manager, in coordination with the City Attorney's Office, to make minor changes to the Franchise Agreement to correct any irregularities, typographical errors, or to make minor operational changes, and authorize the City Manager to execute the final Franchise Agreement on behalf of the City, and 5) Direct the City Manager to set a public hearing upon the Service Rates, Franchise Fee, and other City Fee AGENDA ITEM 5.A City Council Meeting May 9, 2023 Page 2 of 7 proposed in the Franchise Agreement and to prepare and mail the prescribed notice as required under Section 6 of Article XIILD of the California Constitution. DISCUSSION Solid Waste Collection Services A summary of current solid waste collection services and details of the new draft franchise agreement was provided in the staff report on April 11, 2023, and can be found in Attachment A. Best and Final Offers (BAFOs) Republic Services and Valley Vista Services were each asked to provide a BAFO based on direction from City Council including the following terms: 1. 10 -year term length. 2. Removal of street sweeping services from the scope of work. 3. Maintain a 4% annual rate cap on maximum service rates. 4. New carts and bins for all residents and businesses in the City of Rosemead. The labeling of all containers shall be consistent and uniform. 5. Replacement of at least 2/3rds of the collection fleet serving the City of Rosemead with newer vehicles. 6. The closest facilities shall be used for handling and disposal of solid waste, recyclables, and organics. 7. Kitchen food waste pails shall be provided and delivered to SFD, MFD, and MXD dwelling units. 8. Up to 500 compost bins per calendar year shall be provided and delivered to SFD, MFD, and MXD dwelling units upon request by residents. 9. Hauler shall have a dedicated office space and staff at the Rosemead Chamber of Commerce. 10. Hauler shall be a member of the Rosemead Chamber of Commerce. 11. Provide compost giveaway events for the Rosemead community. 12. An increase to the quarterly franchise fee payment without impacting customer service rates. 13. In the event of a Change in Law, the City and Service Recipients are not obligated to pay for the purchase of new electric vehicles. The following Table 1 summarizes the BAFO responses from both haulers. A checkmark (✓) denotes hauler has agreed to provide the services. City Council Meeting May 9, 2023 Paee 3 of 7 Table 1: Best and Final Offer Services Best and Final Offer Services Republic Services Valley Vista Services Agreed for all Residential & recycling / organics New carts and bins for all residents and for Commercial/MFD businesses in the City of Rosemead. The upon enrollment and labeling of all containers shall be consistent and customer request. All ✓ uniform existing trash bins for Commercial/MFD accounts will be refurbished of new At least 2/3rds of the collection fleet serving the City of Rosemead shall be 15 years or less in ✓ newfle fleet All new et by Me. e. 24 The closest facilities shall be used for handling and disposal of solid waste, recyclables, and organics Up to 500 compost bins per calendar year shall be provided and delivered to SFD, MFD, and MXD dwelling units upon request by residents Kitchen food waste pails shall be provided and delivered to SFD, MFD, and MXD dwelling ,/ units Hauler shall have a dedicated office space and staff at the Rosemead Chamber of Commerce Hauler shall be a member of the Rosemead Chamber of Commerce ✓ ✓ Provide compost giveaway events for the Rosemead community ✓ ✓ An increase to the quarterly franchise fee payment without impacting customer service Did not agree Did not agree rates In the event of a Change in Law, the City and Did not agree. Service Recipients are not obligated to pay for Agrees to negotiate in the purchase of new electric vehicles good faith with the city In addition to the summary of services offered, each proposer was asked to summarize all good corporate citizenship programs, partnerships, and collaboration efforts offered to the Rosemead community. Comparable good corporate citizenship programs, partnerships, and collaborative efforts offered by both proposers are recapped in Table 2. City Council Meeting May 9, 2023 Page 4 of 7 Table 2: Good Cornorate Citi7enchin Prnoramc Good Corporate Citizenship Programs Republic Valley Vista Services Services Collection for City Sponsored Events, including the 4th of July Event, Moon Festival Event, and Fall Fiesta Event Concerts in the Park Title sponsor commitment annually Unlimited and high diversion bulky item and street litter abatement program Semi-annual community paper shred days Compost giveaways to community and schools upon request Residential recycling rewards program: Gift cards raffled on a quarterly basis to residents who participate in a recycling survey available through the city website. The rewards program is ✓ advertised on the website, community events, and at local office Public education and outreach provided through quarterly newsletters, semi-annual billing inserts, commercial and multi- family recycling workshops, and technical assistance Disaster cleanup response Scholarship program offered annually to Rosemead residents that are college -bound high school seniors offered 5, $1,000 scholarships annually. V/Republic Valley Vista offered 15, $1,000 scholarships annually. Community quality of life cleanup events Sponsorships and charitable giving to community organizations. - Republic offered $20,000 annually. - Valley Vista offered $13,500 annually. "Serve Rosemead," Volunteer Projects: committed to volunteer a minimum of one annual "Serve Rosemead," landscaping or beautification projects over contract term Annual Dumpster Day: Republic will commit to hosting an annual, "Dumpster Day," on a day selected in collaboration with the city Recyclist Software Tracker: provides accessibility of its program tracker and dashboard to the city for all SB 1383 compliance and reporting oses Proposed Solid Waste Service Rates The City is currently working with R3 to prepare a Solid Waste Franchise Fee Study to determine the estimated total annual costs for solid waste management, administration, oversight, City Council Meeting May 9, 2023 Page 5 of 7 and compliance. The preliminary results of the study have determined that the 10% franchise fee payments that the City would receive from the future hauler are justified for the existing levels of solid waste management, administration, and oversight. The SB 1383 Compliance Program Implementation Plan included a resource gap analysis which identified an estimated $265,000 in program compliance costs to achieve full compliance. The identified costs include an additional staff member to manage and enforce solid waste programs, participation in the San Gabriel Valley Council of Governments (SGVCOG) Edible Food Recovery Program, and procurement of recovered organic materials for 100% compliance with the procurement requirement. The City Council may choose to fund a portion or all costs through an SB 1383 fee which is passed on to the franchise hauler and in turn to the ratepayers. The City Council may also choose to fund costs related to SB 1383 program compliance out of the General Fund. A comparative table of the most common rates for residential and commercial customers is provided in Table 3 below. If approved the proposed rates would be effective on August 1, 2023. As shown in the table, Republic Services and Valley Vista have both held the rates that were proposed on January 26, 2023, in their Option 1 proposed rates. Option 1 rates include the various Good Corporate Citizenship Programs and addresses all Best and Final Offer Services shown in Tables 1 and 2. The Option 2 rates for each proposer includes an additional $265,000 annual payment to the City to fully recover the City's costs related to management of SB 1383 regulations. Republic Service's Option 2 rates maintains the January 26, 2023, proposed single family residential monthly rate of $24.93 and increases the commercial and multi -family customer rates. Valley Vista's Option 2 lowers residential rates to align with the current single family residential customer rates and maintains residential rates through July 1, 2024. Valley Vista Services Option 2 also proposes to match the existing rate for the 3 -cubic yard lx per week commercial customer and adjusts the remaining rates. Table 3: Summary Comnarison of Common Rates Residential Commercial Commercial Commercial 96 gallon 3 CY Trash 4 CY Trash 6 CY Trash Proposer (includes trash, (includes trash, (includes trash, (includes trash, recyclables, & recyclables, & recyclables, & recyclables, & organics) organics) organics) organics) Current Rates $23.74 $342.45 $415.01 $589.55 Republic Option I $24.93 $270.00 $359.99 $576.46 Valley Vista Option 1 $23.87 $189.90 $202.05 $226.37 Republic Option 2 $24.93 $284.94 $379.90 $608.34 Valley Vista Option 2 $23.74 $217.71 $229.86 $254.18 City Council Meeting May 9, 2023 Page 6 of 7 Upon commencement of the new franchise agreement and services, residents will have the opportunity to evaluate service needs and customize the sizes of carts and bins to their specific needs. In addition, multi -family and commercial properties may adjust both container sizes and service days to "right size" their service to their specific needs and potentially defray cost increases. Each proposer is well-qualified and can provide high-quality waste collection services to the City. In addition, each of these companies would provide various service enhancements and franchise fee revenues to the City. Following an extensive solicitation process that included a detailed evaluation and review of five proposals including interviews, follow-up questions, and a request for BAFOs. Staff believes the proposed draft agreements (Attachments D and E) achieves the integrated solid waste collection objectives of the City Council. ENVIRONMENTAL REVIEW Staff has reviewed and determined that the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) Guidelines in accordance with Section 15061(b)(3) The project is covered by the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. This item is not defined as a project under the California Environmental Quality Act (CEQA); therefore, the proposed plan is not subject to CEQA. STAFF RECOMMENDATION It is recommended that the City Council: 1. Find the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) Guidelines in accordance with Section 15061(b)(3) 2. Provide direction on the inclusion of the SB 1383 Fee in the service rates. 3. Award an exclusive Franchise Agreement for solid waste handling services, with a ten year term, to one of the two finalists and adopt Resolution 2023-27 approving the Franchise Agreement. 4. Authorize the City Manager, in coordination with the City Attorney's Office, to make minor changes to the Franchise Agreement to correct any irregularities, typographical errors, or to make minor operational changes, and authorize the City Manager to execute the final Franchise Agreement on behalf of the City. 5. Direct the City Manager to set a public hearing upon the Service Rates, Franchise Fee, and other City Fee proposed in the Franchise Agreement and to prepare and mail the prescribed notice as required under Section 6 of Article XIILD of the California Constitution. City Council Meeting May 9, 2023 Page 7 of 7 LEGAL REVIEW The staff report and Franchise Agreements included in Attachment D and E have been reviewed by the City Attorney's Office. FISCAL IMPACT No additional funding is requested. Cost of consultant to assist with RFP and evaluation process was included in Adopted FY 2022-23 Budget and will be reimbursed by the selected hauler upon execution of the agreement. Associated staff time was included in adopted FY 2022-2023 budget. STRATEGIC PLAN IMPACT Solid waste collection is consistent with the City of Rosemead's Strategic Plan Goal C - Infrastructure and Facilities, which is to enhance streets, sidewalks, and public infrastructure; coordinate with relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding the use of wireless network technology and renewable energy. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: ^ amelle Garcia l Public Works Fiscal and Project Manager Submitted by: 791u, - a 2Az� Michael Chung, P.E. Director of Public Works Attachment A: City Council Staff Report Only dated April 11, 2023, Item 6.A - Integrated Solid Waste Handling Services Procurement - Proposal Results and Selection of Contractor Attachment B: Waste Hauler Best and Final Offer — Republic Services Attachment C: Waste Hauler Best and Final Offer— Valley Vista Services Attachment D: Draft Integrated Solid Waste Handling Services Agreement - Republic Services Attachment E: Draft Integrated Solid Waste Handling Services Agreement - Valley Vista Services Attachment F: Resolution No. 2023-27 Attachment A City Council Staff Report Dated April 11, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AN CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: APRIL 11, 2023 SUBJECT: INTEGRATED SOLID WASTE HANDLING SERVICES PROCUREMENT - PROPOSAL RESULTS AND SELECTION OF CONTRACTOR 1u'iu• MolviI The City's exclusive franchise agreement for comprehensive refuse services with Consolidated Disposal Services (dba Republic Services) is set to expire on July 31, 2023. At the September 13, 2022, City Council Meeting, the City Council awarded a contract for Solid Waste Consulting Services to R3 Consulting Group, Inc (R3) to perform an assessment of the City's current solid waste programs and assist with the procurement of a new integrated solid waste handling agreement. Staff and R3 collaborated to create a Request for Proposals (RFP) document, create a draft Integrated Solid Waste Handling Agreement, and met with the City Council on November 8, 2022, for a solid waste procurement workshop. At the workshop, the Council provided feedback on the RFP process, timeline, and desired services and directed staff to proceed to issue the RFP for the City's integrated solid waste handling agreement. The RFP document was released on November 17, 2022, and on January 26, 2023, the City received five (5) proposals. After completion of proposal evaluations and interviews, staff and R3 scored and ranked the proposers based on pre -established evaluation criteria. Staff requests that: 1) the City Council review the proposal results, 2) select a contractor and direct City Manager or his designee to negotiate an exclusive agreement subject to approval by the City Council, 3) provide direction on if to include street sweeping services within the franchise agreement procurement, 4) select the franchise agreement term (10 -year or 15 -year), and 5) if needed provide direction to negotiate a month-to-month extension for up to four (4) months to the current exclusive franchise agreement for comprehensive refuse services to allow adequate time for the transitionary period. DISCUSSION Current Solid Waste Collection Services Residential Cart Collection Service Programs AGENDA ITEM 6.A City Council Meeting April 11, 2023 Page 2 of 10 Single-family dwelling (SFD) service recipients in the City currently receive curbside carts for garbage, recyclable materials, and green waste. The details of current services for SFD service recipients are as follows: • Weekly curbside collection of Garbage (96 -Gallon Black or Grey Carts standard), 64 - and 32- Gallon Carts available and provided at a discounted rate for certain qualifying accounts (e.g., seniors, people with disabilities); • Weekly curbside collection of Recyclable Material in a Blue 96 -gallon cart; • Weekly curbside collection of Organics in a Green 96 -gallon cart; • Up to five on-call Bulky Waste Collection per year; up to 5 items per Collection; • Curbside Battery Collection; • E -waste accepted at the semi-annual shredding events; and • Holiday Tree Collection. Multi fancily Collection Serpice Programs Multi -family dwelling (MFD) service recipients in the City currently receive a weekly collection of bins or carts for garbage, a cart for recyclable material and organic waste, and up to four on- call Bulky Waste Collection per year; up to 4 items per Collection. Commercial Collection Service Programs Commercial service recipients in the City currently receive carts or bins for garbage, recyclable material, and organic waste, based on volumetric need. Commercial collection service is provided to service recipients on an at least weekly basis, up to six (6) times per week. New Solid Waste Regulations Since the existing agreements went into effect, the State has passed several laws that significantly affect the processing of garbage, recyclables, and organic waste. In 2011, the State adopted AB 341, requiring all businesses to recycle and jurisdictions to implement a commercial recycling program. AB 341 also established a goal of a 75% recycling rate ("diversion") by 2020. AB 1826, adopted in 2014, requires jurisdictions to implement an organic waste recycling program, to divert from the landfill organic waste collected from businesses and multi -family dwellings. In 2016, SB 1383 was passed, which was designed to keep organic waste out of landfills. In addition, requiring a state-wide target of a 50% reduction in organic waste disposal by 2020 and 75% by 2025. The regulations went into effect on January 1, 2022. Under SB 1383, jurisdictions are required to provide organics services to all residents and businesses, establish an edible food recovery program, procure recyclable and recovered organic products, secure access to organics recycling capacity, monitor compliance, and conduct enforcement. City Council Meeting April H, 2023 Page 3 of 10 New Solid Waste Agreement Prior to developing a new agreement, R3 provided City staff with an overview of current services and an analysis of those services as compared to the latest solid waste and recycling trends, best management practices related to both franchise agreement services and terms and conditions, and updates on recent legislation. The results of this analysis were the basis for the new agreement. A complete copy of the report can be found in Attachment A — SB 1383 Compliance Program Implementation Plan. The new agreement for the provision of Integrated Solid Waste Handling Services ("Agreement") was developed to preserve and maintain priority services currently provided to the City's residents and businesses while addressing the many challenges related to recent regulatory changes and incorporating as an option street sweeping within the overall services. Staff and R3 developed the draft Agreement to address regulatory requirements such as AB 1826 and SB 1383 and modernize the City's overall solid waste agreement framework. Key considerations included: Expanding organics collection services to meet the requirements of SB 1383 o Updating container labeling (and some colors) to meet the requirements of SB 1383 (grey for garbage, blue for recycling, green for organics). o Providing expanded education and outreach programs and services. o Providing reports of customer subscriptions to determine compliance with the requirements of SB 1383. o Updated processing and diversion requirements. o Providing for the procurement of recovered organic materials as required by SB 1383. o Providing detailed tracking and reporting for SB 1383 compliance. The new Agreement includes bundled services (garbage, recycling, and organic waste) for all residential, multi -family, and commercial customers to achieve compliance with SB 1383. All prior services provided to residents and businesses are maintained, with key provisions of the new Agreement including: 10 -year base term beginning on August 1, 2023, with a maximum of a 15 -year term. New SB 1383 services including: o Bundled rates, including minimum recycling and organics services, for all customers and green/organic containers to include collection of food waste. o New carts and newly painted bins to meet SB 1383 color and labeling requirements. o Residential kitchen food waste pails. o Outreach and education. o Route audits. o Organics contamination monitoring. o Reporting. City Council Meeting April 11, 2023 Page 4 of 10 o Mulch or compost delivery to support procurement requirements. o Support for edible food recovery program. New or expanded services including: o Home Compost Bins (up to 500 home compost bins per year). o Sharps Collection (upon request, must provide one postage -paid mail -back home generated sharps container annually at no additional cost). o Offer collection drives 2x per year to collect and divert E -waste, textiles, carpet, and mattresses. o Backyard/Off-Street Collection service option. o Free Curbside E -Waste Collection. o Free City services. Franchise fees, payments, and collection rates including: o Procurement reimbursement (one-time due 30 days after the contract is signed). o Franchise Fee (Quarterly payments equal to 10% of the Gross Revenue received by contractor) o Annual Mitigation Fee (Amount to be determined by the Solid Waste Franchise Fee Study and subject to City Council adoption). o Annual SB 1383 and Administrative Fee, including fees to fund one (1) full-time position to support the SB 1383 Compliance Program (Amount to be determined by the Solid Waste Franchise Fee Study and subject to City Council adoption). o Annual CPI for collection rate adjustments will begin on July 1, 2024. The City is currently working with R3 to prepare a Solid Waste Franchise Fee Study to determine the estimated total annual costs for solid waste management, administration, oversight, and compliance. The results of the study will identify a fee amount to offset City expenditures, vehicle impacts attributable to solid waste collection vehicles, and compensate the City for the use of public property. If determined to be a recoverable cost, the annual Mitigation Fee and SB 1383 and Administrative Fee payment amounts shall be set at an amount adopted by a resolution of the City Council. The annual payments received from the hauler could be used to pay for street maintenance and repair, solid waste management, and SB 1383 compliance efforts such as the procurement of recovered waste products and edible food recovery inspection and monitoring. Proposal Evaluation Process City staff and R3 prepared and released an RFP for a solid waste contractor. The RFP was published on the City's website and the PlanetBids portal on November 17, 2022. Two addenda were released to provide responses and clarifications to questions submitted by the solid waste contractors. On January 26, 2023, the City received formal responses from five (5) solid waste contractors: 1. Arakelian Enterprises, Inc. dba Athens Services (Athens Services); 2. Burrtec Waste Industries, Inc (Burrtec); 3. Republic Services (Republic); City Council Meeting April 11,2023 Page 5 of 10 4. Valley Vista Services (Valley Vista); and 5. USA Waste of California, Inc. dba Waste Management (WK. All five (5) proposals went through an initial "Pass/Fail" review to check for completeness and compliance with the proposal requirements. After the Pass/Fail review, where it was determined that all proposals passed, the proposals were then reviewed by the evaluation team, which consisted of City and R3 staff on February 21, 2023. Proposals were reviewed and scored based on the following evaluation criteria: • Qualifications; • Technical Approach; • Sustainability; and • Service Rates. The following is a summary of each proposal. A detailed summary of each proposal including the proposers exceptions and alternatives can be found in Attachment B - Evaluation Summary Report. Athens Services The City's current street sweeping contractor services 2 million customers throughout Southern California in over 40 jurisdictions. The Athens' proposal offers the City a $400,000 annual payment for a Community Enhancement Program with a 10 -year term option. With a longer- term (15 years), Athens will instead offer the city a Goodwill Payment of $1,000,000 to use how it sees fit and proposes to include a three-year step-in approach for rates. Finally, Athens is proposing an all-inclusive Community Beautification Services Package with a dedicated beautification crew (size TBD) that may power wash enclosures, remove graffiti from containers, and maintain the cleanliness of city amenities. Athens' proposal would increase the current residential customer rates by 51.56% or $12.24 per month. Burriec Burrtec has over 50 years of experience and provides service to more than 50 communities throughout Southern California. The company also owns and operates 4 transfer stations, 4 material recovery facilities, and 5 compost operations. Value-added services proposed at no additional charge to the City include City -sponsored event collection, collection and outreach booths at the farmers market, compost and mulch for community gardens, Concerts in the Park sponsorship commitments, unlimited bulky item pickups, street litter abatement program, semi- annual paper shred events, disaster cleanup response, annual student scholarship program, semi- annual Quality of Life Clean-up Events. Its proposal would increase the current residential customer rates 50.97% or $12.10 per month. Republic For over three decades, Consolidated Disposal Services / Republic has served as the City's solid waste provider. Retention of Republic as the City's solid waste contractor would allow for the continuation of service delivery without a transition. Surrounding area cities — Alhambra, Hawthorne, Inglewood, City Council Meeting April 11, 2023 Page 6 of 10 Los Angeles, San Fernando, and Santa Fe Springs — are also currently contracted with Republic for solid waste services. Republic included an annual student scholarship program, semi-annual compost giveaway and shred events, access to its cloud -based reporting program, semi-annual Quality of Life Clean-up Events, and an annual $20,000 public outreach fund. Its proposal would increase the current residential customer rates by 5.01 % or $1.19 per month. Valley Vista Valley Vista is a family owned and operated company with over 60 years of experience, currently serving nearby cities including Diamond Bar, Industry, La Puente, and Los Angeles. Value added items included in the proposal include competitive rates, dedicated customer convenience. center, and an assistance program for seniors and the disabled. Its proposal would increase the current residential customer rates by 0.55% or $0.13 per month. WM Waste Management highlights its knowledge, diversion, service delivery, safety, technology, customer experience, and financial stability. Recently, WM underwent a similar transition for the City of Chino Hills. The company included a corporate citizenship program of $40,000 annually. Its proposal would increase the current residential customer rates by 46.38% or $11.01 per month. Proposed Solid Waste Service Rates A comparative table of the most common rates for residential and commercial customers is provided in Table 1 below. It should be noted that the proposed rates would not take effect until August 1, 2023. Table 1: Summa Comparison of Common Rates Proposer Residential Commercial Commercial Commercial 96 gallon 3 CY Trash 4 CY Trash 6 CY Trash Current Rates $23.74 $217.71 $290.27 $464.81 (Republic) Athens $35.98 $330.45 $385.12 $501.60 Burrtec $35.84 $268.69 $341.97 $452.88 Republic $24.93 $270.00 $359.99 $576.46 Valley Vista $23.87 $189.90 $202.05 $226.37 Waste $34.75 $359.22 $507.97 $813.41 Management Upon commencement of the new franchise agreement and services, residents will have the opportunity to evaluate service needs and customize the sizes of carts and bins to their specific needs. In addition, multi -family and commercial properties may adjust both container sizes and City Council Meeting April 11, 2023 Page 7 of 10 service days to "right size" their service to their specific needs and potentially defray cost increases. Proposed Street Sweeping Costs Currently, the City contracts with Athens for street sweeping services with an annual contract amount of approximately $235,418 and is paid with special revenue funds, including Gas Tax and Measure W at no cost to residents and businesses. The City's current street sweeping contract with Athens expires on June 30, 2023. At the November 8, 2022, City Council Integrated Solid Waste workshop, the City Council directed staff to include street sweeping services as an option in the RFP to determine if there would be cost savings through operational efficiency from having one company perform both services. As noted above, the proposed cost for street sweeping services is not included in the above proposed solid waste handling service rates (Table 1). The optional proposed street sweeping costs for each proposer are shown in Table 2. Should the street sweeping services option be elected as part of the Agreement, staff will continue to budget the street sweeping costs in the City's budget with Gas Tax and Measure W, so that the residents and businesses only pay for waste collection and the City pays for street sweeping as currently performed. Table 2: Proposed Street Sweeoine Costs Proposer Annual Street Sweeping Cost for 10 -Year & 15 -Year Terms Current Cost $235,4] 8 Athens Athens $468,463 Burrtec $458,529 Republic $329,070 Valley Vista $279,552 Waste $346,000 Management Proposal Evaluation Results The evaluation team was in consensus with an overall ranking based on proposals and interviews of Valley Vista ranked 1st, for both options: 1) without street sweeping services, as shown in Table 3, and 2) with street sweeping services, as shown in Table 4. Details of the evaluation process and criteria are shown in Attachment B - Evaluation Summary Report. City Council Meeting April 11, 2023 Page 8 of 10 Table 3: Final Evaluation Team Consensus Scoring without Street Sweeping Services 10 -Year Term 15 -Year Term Rank Max 100 Proposer Rank Score Max 100 Proposer 1 85.87 Valley Vista 1 85.87 Valley Vista 2 83.01 Republic 2 83.01 Republic 3 78.02 Burrtec 3 79.77 Athens 4 75.95 Athens 4 78.64 Burrtec 5 74.13 WM 5 74.13 WM Table 4: Final Evaluation Team Consensus Scoring with Street Sweeping Services 10 -Year Term 15 -Year Term Rank Score (ma1 Proposer Rank Max Score Proposer 85.87 Valley Vista 1 85.87 Valley Vista 2 83.54 Republic 2 83.12 Republic 3 76.70 WM 3 79.93 Athens 4 76.66 Bunter 4 77.18 Burrtec 5 76.30 Athens 5 76.70 WM Based on the evaluation criteria, the proposal submitted by Valley Vista ranked 1st and has demonstrated the ability to provide the best overall waste collection service to the City. Valley Vista demonstrated key differentiating factors including but not limited to: • Provided the lowest collection rates of all the proposers. • The only proposer to have no exceptions or alternatives to the Agreement. • Will be providing an entirely new fleet of RNG vehicles that will be operational at the start of the Agreement. • Serving Rosemead would fit into their core business model of focusing on the surrounding areas they currently serve. City Council Meeting April 11, 2023 Page 9 of 10 • The leadership of the company and key team members are local. • Comprehensive diversion program that meets and exceeds diversion laws. • Their proposed disposal facilities are among the closest proximity to Rosemead. However, each proposer is well-qualified and can provide high-quality waste collection services to the City. In addition, each of these companies would provide various service enhancements and franchise fee revenues to the City. Staff requests that: 1) the City Council review the proposal results, 2) select a contractor and direct City Manager or his designee to negotiate an exclusive agreement subject to approval by the City Council, 3) provide direction on including street sweeping services within the franchise agreement procurement, 4) select the franchise agreement term (10 -year or 15 -year), and 5) if needed provide direction to negotiate a month-to-month extension for up to four (4) months to the current exclusive franchise agreement for comprehensive refuse services to allow adequate time for the transitionary period. ENVIRONMENTAL REVIEW Staff has reviewed and determined that the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) Guidelines in accordance with Section 15061(b)(3) The project is covered by the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. This item is not defined as a project under the California Environmental Quality Act (CEQA); therefore, the proposed plan is not subject to CEQA. STAFF RECOMMENDATION It is recommended that the City Council: 1. Find the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) Guidelines in accordance with Section 15061(b)(3) 2. Select a contractor and direct City Manager or his designee to negotiate an exclusive agreement subject to approval by the City Council. 3. Provide direction on including street sweeping services within the franchise agreement procurement. 4. Select the franchise agreement term; 10 -year or 15 -year. 5. Provide direction to negotiate a month-to-month extension, if needed, for up to four (4) months to the current exclusive franchise agreement for comprehensive refuse services with Republic Services to allow adequate time for the transitionary period. City Council Meeting April 11, 2023 Page 10 of 10 LEGAL REVIEW The staff report has been reviewed by the City Attorney's Office. FISCAL IMPACT No additional funding is requested. Cost of consultant to assist with RFP and evaluation process was included in Adopted FY 2022-23 Budget and will be reimbursed by the selected hauler upon execution of the agreement. Associated staff time was included in adopted FY 2022-2023 budget. STRATEGIC PLAN IMPACT Solid waste collection is consistent with the City of Rosemead's Strategic Plan Goal C - Infrastructure and Facilities, which is to enhance streets, sidewalks, and public infrastructure; coordinate with relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding the use of wireless network technology and renewable energy. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: W,e, dce C&4e Michael Chung, P.E. Director of Public Works Attachment A: SB 1383 Compliance Program Implementation Plan Attachment B: Evaluation Summary Report Attachment C: Integrated Solid Waste Handling RFP Package Attachment D: Waste Hauler Proposals (Hardcopies are available with City Clerk's Office) Attachment B Waste Hauler Best and Final Offer By Republic Services CITY OF ROSEMEAD BEST AND FINAL OFFER (BAFO) FOR INTEGRATED SOLID WASTE HANDLING SERVICES Request for Proposals No. 2022-28 Submitted by: Consolidated Disposal Service, L.L.C. REPUBLIC' d/b/a Republic Services Address: 2531 E. 6716 Street, Long Beach, CA 90805 SERVICES �� Primary Contact: Jason Bond, General Manager Telephone: (682) 215-5081 Date of Submittal: April 27, 2023 Sustainability in Action This page intentionally left blank. RFP No. 2022-28 Competition Sensitive Page i REPUBLIC'SERWCES E Sustainability in Action - Cover Letter April 27, 2023 Danielle Garcia, Fiscal and Project Manager City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 City of Rosemead Best and Final Offer for Integrated Solid Waste Handling Services Request for Best and Final Offer (BAFO) for Integrated Solid Waste Handling Services Dear Ms. Garcia, Consolidated Disposal Service, L.L.C. d/b/a Republic Services, as the City's current service provider for the past 25+ years, is pleased to provide the City of Rosemead with its Best and Final Offer (BAFO) for the above referenced scope of work. We have thoroughly and thoughtfully reviewed the City's requests included within Attachments A and B of your BAFO request letter dated April 19, 2023. As Rosemead's current service provider, Republic offers the lowest risk to the City and guarantees the most seamless transition for implementing new programs stemming from SB 1383 - the most comprehensive and robust solid -waste legislation to impact California since the passage of AB 939. If the City awards the Collection Service to us, Republic Services will reimburse the city for the cost of this procurement, in an amount as determined by the City. This one-time payment will be submitted within thirty (30) days after the Effective Date of the Agreement. Republic understands that it will not receive any additional compensation that is not included In the Rate Proposal Forms (Form K). I certify and guarantee the proposal contents including proposed Service Rates and pricing for a period of one hundred eighty (180) days. Republic Services will enter into the Integrated Solid Waste Handling Services Agreement with the City if selected as the City's Collection Service provider. I certify and guarantee disposal capacity for all garbage, recyclable and organics processing that pertains to this Agreement. I certify and guarantee that no gratuities have been or will be offered or given by Republic, or any agent or representative of Republic, to any officer or employee of the City or any participant in the selection of a Proposer to furnish the services described herein to secure a favorable treatment regarding the evaluation, scoring, and Agreement award process. I, the undersigned, am authorized to bind this company in contract with the City of Rosemead for the scope of services outlined in the City's RFP, and I look forward to the opportunity to continue serving the Rosemead community. Re ec��6� J on Bond General Manager, Long Beach Hauling Division Consolidated Disposal Service, LLC. d/b/a Republic Services RFP No. 2022-28 Competition Sensitive Page 1 9M REPUBLIC' SERVICES / Sustainability in Action City of Rosemead Best and Final Offer for Integrated Solid Waste Handling Services This page intentionally left blank. RFP No. 2022-28 Competition Sensitive Page 2 REPUBLIC' SERVICES / Sustainability in Action" Certificate of Secretary City of Rosemead Best and Final Offer for Integrated Solid Waste Handling Services CERTIFICATE OF SECRETARY RELATING TO TIIE BESTAND FINAL OFFER (BAFO) FOR INTEGRATED SOLID WASTE HANDLING SERVICES FOR TIIE CITY OF ROSEM EAD IN THESTATE OF CALIFORNIA The undmigned. Secretary of CONSOLIDATED DISPOSAL SERVICE, LLC., a Delaware limited liability eonryuny (the'Vompany"), hereby certifies that the folliming is a true and correct copy of the resolution which was duly adopted by REPUBLIC SERVICES, INC. a Delaware corporation. the sole member of the Company Uhc -Mcmber'I by written consent of the hlcrnber on August 2-1, 2021, that such resolution has nee been reschado . amended or modified in any respco, ad is in hall force and elTect on the date hcrcof: RESOLVED. that (i) any indnidual at the time holding the position of General Manager or Arm Direciur, Fimncc; and in connection with emimnunenal solmims transactions only, Geneal Manager, Division president: oe Division Vice President Finance be, and each of them hereby is, appointed as an Authorized Abcm, to act in the name and on behalf of the Company and to include the execution of related documena, in connection with the day -today business activities of the Company, and further, that (it) in addition to any me of the fmcgou g positions. any individual at the time holding she pmition of Arm Director. Business Dcvelopmenr Area Director. Operations; Market Vice Prestdcm: Vice President, Environmental Senices be, and each of then hereby is, appointed as an Authorized Agent to execute any bid and proposal, and if awarded, any related contract for seniccs to be perfonmed by the Company and any bond required by such bid, proposal or mmrac6 all in accordance with the existing Ln elsmf Authority and other relnam politics and procedures. I further certify that JASON BOND holds the title of Ocricral Manager and in such capacity has full authority to act in the mine and on behalf of the Cmipmy as set forth in the foregoing resolution. WITNESS MY HAND, this 20e day of April, 2023. -- --LM- hIcKeon Secretary --- RFP No. 2022-28 Competition Sensitive Page 3 �A� REPUBLIC' `' J SERVICES / City of Rosemead Best and Final Offer for V Integrated Solid Waste Handling Services vr�, Sustainability in Action This page intentionally left blank. RFP No. 2022-28 Competition Sensitive Page 4 ATTACHMENT A REQUEST FOR BEST AND FINAL OFFER (BAFO) 1. Summary 2. Form K 3. a. Transition Plan b. Customer Service Plan c. Collection Service Operations Plan d. Complete list of Processing and Disposal facilities e. Sustainability and Compliance Plan f. Outreach and Education Plan g. Acceptable Recyclables Materials eJi�REPUBLIC' SERVICES / Sustainability in Action Attachment A - Request for Best and Final Offer (BAFO) City of Rosemead Best and Final Offer for Integrated Solid Waste Handling Services 1. Updated Summary of Proposed Services Republic is Rosemead's trusted and valued long-term partner who has promised to maintain among the lowest rates to customers throughout the San Gabriel Valley. With only 4 months remaining until the new contract, Republic's incumbency guarantees a seamless implementation on the start date since all personnel and operational systems are already in place. Our incumbency in Rosemead allows our focus to be on new programs rather than the complex responsibilities of account set-up, routing, and systems development. With such slight evaluation differences between us and the other proposer, we ask you to please consider making an award to your trusted and proven solid waste partner of so many years. Thank you for your time and consideration. A. Carts and Bins As stated in our original proposal submission, each residential customer will receive a brand-new set of SB 1383 complaint carts by no later than August 1, 2023. Customers will also be able to select 35 -gallon or 64 -gallon carts as per the Agreement to best accommodate their volume needs. Republic commits to providing all commercial customers with new recycling and organics containers upon their collection program enrollment, and of course, upon customer request. All existing bins for commercial/multi-family customers will be refurbished prior to contract commencement and delivered to the customers as color compliant and affixed with SB 1383 required labels. B. Collection Fleet Republic's entire collection fleet will be 10 years of age or less at the commencement of the new agreement. The oldest age of any vehicle used to service Rosemead customers is a 2016 model, thus it will not reach 10 years of age until 2026. RFP No. 2022-28 Competition Sensitive Page 5 �A� REPUBLIC' SERVICES Sustainability in Action City of Rosemead Best and Final Offer for Integrated Solid Waste Handling Services C. Facilities As stated in our original proposal submission, Republic uses two transfer stations for Rosemead's collected MSW, recycling, and organics. Our East LA Transfer Station is only 7 miles from the City of Rosemead and Bel -Art is 21 miles which is directly adjacent to our Long Beach Hauling Division. Both transfer facilities receive MSW, recycling, and organics collected in Rosemead. Thus, ensuring the lowest vehicle miles traveled as well as less wear and tear to city streets. D. Kitchen Food Waste Pails As stated in our original proposal submission, Republic will provide a kitchen pail to each single- family property and each multi -family dwelling unit for the collection of food waste and transport to their green -organics cart. Republic will purchase these pails and deliver them to each service recipient. E. Backyard Compost Bins As stated in our original proposal submission, Republic will store, promote, and distribute up to 500 home compost bins per year to City of Rosemead residents. Republic will be purchasing and distributing "Geobin Composters," which we have had much success supplying in other municipal franchise areas. F. Local Office As stated in our original proposal submission, Republic will maintain its annual contribution to the Rosemead Chamber of Commerce for maintaining a local office space presence, to which is frequently visited by Rosemead customers on a daily basis. Our dedicated Recycling Coordinators and Route Compliance Monitor shall maintain a physical presence for customer interactions, receive customer payments, and facilitate the dissemination of educational materials. This ongoing contribution will also provide necessary funding to the Rosemead Chamber of Commerce for helping to offset their monthly costs of leasing the office space. G. Rosemead Chamber of Commerce Membership Republic Services has been a proud member of the Rosemead Chamber of Commerce for over 25 years, and two of our employees currently serve on its governing Board of Directors. In addition to maintaining a local office space within the Chamber of Commerce, Republic will continue to maintain its membership with the Chamber and serve as a sponsor to its many events. RFP No. 2022-28 Competition Sensitive Page 6 �R� REPUBLIC' ZV� SERVICES / v City of Rosemead Best and Final Offer for Integrated Solid Waste Handling Services r �i� Sustainability in Action H. Compost Giveaway Events As stated in our original proposal submission, Republic will continue to host the current semi- annual compost giveaways and paper shredding events. These events are highly popular and well utilized by Rosemead residents. The compost giveaway events will assist the city in meeting its SB 1383 recovered organics procurement target. The shred events will assist Rosemead residents in safely disposing of sensitive paper documents, ensuring the protection of their identities. Cit OF R-osrm.aA Community Recycling Event '-Saturday, April 23, 2122 4 6.,l II.T Drop Ott 0 [I(R.onk W».. stsin�lt �,..ryp( I. Quarterly Franchise Fee As stated in the agreement, Republic agrees to pay the City of Rosemead a quarterly Franchise Fee equal to ten percent (10%) of the Gross Revenue received by Republic Services from Integrated Solid Waste Handling Services provided in the City. If the City of Rosemead wishes and/or requests an increase above ten percent (10%) to the quarterly franchise fee, then this Increased amount would need to be reflected in the overall customer -facing rates. The current proposed rates submitted by Republic reflect the ten percent (10%) quarterly franchise fee requirement of the gross revenue received by Republic. I. Electric Vehicles In the event of a future, and unexpected, change in law that requires Republic to purchase Electric Vehicles (EV's) in advance of normal vehicle replacement schedules, we agree to negotiate in good faith with the City of Rosemead to provide such equipment and ensure that the expense of such capital investments are accounted for in the annual costs for providing Integrated Solid Waste Management Services to the city. RFP No. 2022-28 Competition Sensitive Page 7 �R� REPUBLIC'R Q SERVICES .t M�Ly Sustainability in Action City of Rosemead Best and Final Offer for Integrated Solid Waste Handling Services K. Good Corporate Citizenship Programs As stated in our original proposal submission, Republic Services has proposed the following good corporate citizenship programs and enhancements in addition to the ones previously outlined above: • Source separated collection services (MSW, recycling, and commingled organics) at all City sponsored events • Dedicated Compliance Monitor/Contamination Auditor to conduct SB 1383 required contamination monitoring, route reviews, and waste evaluations • Observed Holiday Schedule: the City of Rosemead observes eight total holidays per year. Republic will continue to provide uninterrupted collection services on President's Day and Veteran's Day. • "Serve Rosemead," Volunteer Projects: Republic, and its local management team, will commit to volunteering for a minimum of one "Serve Rosemead," landscaping, clean-up, or beautification projects throughout each calendar year of the contract term. • Annual Dumpster Day: Republic will commit to hosting an annual, "Dumpster Day," on a day selected in collaboration with the city. Recyclist Software Tracker: Republic will continue to utilize Recyclist and provide accessibility of its program tracker and dashboard to the city for all SB 1383 compliance and reporting purposes. Annual Christmas Tree Reminders: Republic will mail and distribute tree collection reminders to every residential customer during the week prior to December 26th of each year of the contract term. • Annual Student Scholarship Program: Republic will continue to administer and provide annual scholarships of $1,000 each. These scholarships will be awarded to five Rosemead high school seniors who are college bound. • Quality of Life Clean-up Events: At these events, the Republic team provides clean-up activities and disposal of accumulated waste at locations selected by the city. Environmental Ambassador Program: Republic Services will work with the City of Rosemead and the Rosemead Chamber of Commerce to recognize local businesses that are environmentally friendly and are excellent participators in the new source separated collection programs. $20,000 public outreach fund for sponsorships and charitable giving to organizations like the Rosemead Chamber of Commerce. RFP No. 2022-28 Competition Sensitive Page 8 REPUBLIC J_1i SERVICES Va Sustainability in Action V=-. Form K Customer Rates As previously stated, Republic Services is the City of Rosemead's trusted and valued long-term partner who has promised to maintain among the lowest rates to customers throughout the San Gabriel Valley. Even through this latest RFP process, our proposed pricing has been evaluated as the second lowest of all proposers and only $1.06 in difference per month for residential ratepayers compared to the proposer with the lowest submitted pricing. During the City Council meeting held on April 11, 2023, much discussion was had on the commercial and multi -family rates especially the 3 CY trash bin for the base co -mingled service. It is important to note that Republic's proposed pricing for the 3CY trash bin for base co - mingled service is in fact less than the current rates for all three services as part of our existing agreement. The following rate summary provides an accurate comparison between today's rates and our proposed rates for this RFP: SB 1383 Service 3 Cubic Yard Recycle Organics City Hauler Total Compliant Frequency MSW Cart Cart Rosemead (CURRENT) Republic Services Yes 1 x week $ 217.71 $ 55.44 $ 69.30 $ 342.45 Rosemead (PROPOSED) Republic Services Yes 1 x week $ 270.00 Included Included $ 270.00 Monthly $ (72.45) Difference � ;,��,..■■s„ ■ §kƒ� �\7\ 77�!| |l��;§§||||!| _`■! !|■ | ||!!||])�)!||| !%■!!!§ ,!!!!!!!I! o ! • k|!|||||f \ / k4 I!!-!! !` /!//)�k{�!|/� , \_\ !\!|I||k|!!!!!!!!!!!! §kƒ� 77�!| |l��;§§||||!| !|■ | !E!!|!!!!!!!!! k|!|||||f k4 I!!-!! !` , \_\ !\!|I||k|!!!!!!!!!!!! |,,,||§|| ,,,| HIM . | ,,,|!!|| ||{ff|,.,||||| �\|1l,,,||||| ,,,||||| ,,,|| ,,,|| . || _|•|| ||•||||| ||,|| ■! �-! 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MISS (ss;■■;;sa (■■■■:;■■■■ 9 9 ��..; §.�,g l g_.A g g �� ,,,�:' |!!!!#!8!!! •°,,,,,,,, ■; !!!!!!!!!! �!!!!!!!!!! a! ! ! !§..l....,, ,•,,||| " | ------==-J�3s2 Option 2 Proposer's Name: Republic Services Form K, Tab A: Single -Family Dwelling Maximum Service Rates Rate Schedule Effective 8/1/2023 (10 -Year Term) Service Descriptions Billing Frequency Proposed Bundled Rate Standard Single -Family Automated Cart Service (96 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic Waste per month $24.93 64 -Gallon Single -Family Automated Cart Service (64 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic Waste per month $24.93 32 -Gallon Single -Family Automated Cart Service (32 -Gallon Trash, 96 -Gallon Recycling, 96-Gal/on Organic Waste per month $24.42 Additional Trash Cart each cart $7.27 Additional Recycling Cart each cart $7.27 Additional Organic Waste Cart each cart $7.27 Restart of Service (Auto -Resume Fee) per occurrence $22.18 Cart Delivery per occurrence $0.00 Cart Removal per occurrence $0.00 Cart Exchange per occurrence $25.00 Residential Cart Replacement Fee per occurrence $60.00 Recycle and Organics Contamination per occurrence $25.00 Extra pickup per occurrence $37.56 Extra Bulky pickup per item $35.00 Walk out Rate per month $35.00 Revised Form K TAB A SFD Rates Option 2 Proposers Name: Republic Services Form K, Tab B: Multi -Family Dwelling Maximum Service Rates Rate Schedule Effective 81112023 (10 -Year Term) Mufti -Family Trash (Note: Proposed bundled rates include 96 -Gallon Recycling and 32 -Gallon Organic Waste) Service Descriptions t/week 2/week Collection Frequency 3/week 4/week 6/week 6/week 32 -Gallon Cart $181.57 $326.83 NIA NIA NIA N/A 64 -Gallon Cart $181.57 $328.83 N/A NIA NIA NIA 96-Ga11on Carl $181.57 5326.83 N/A NIA NIA NIA 111.5 CY Bin $201.92 $345.29 5466.14 $587.34 $722.42 $830.79 2 CY Bin $220.00 $398.20 $537.57 $6]].34 $833.13 $958.09 3 CY Bin $284.94 $450.48 5811.39 $780.87 $964.79 $1,106.11 4 CY Bin $379.90 $551.6. $770.08 $848.85 $1,169.59 51,345.00 6 CY Bin 5608.34 5903.40 $1,211.62 $1,508.35 $1,868.04 $2,148.19 Multi -Family Dwelling Recycling 32 -Gallon Can $58.73 $106.31 NIA NIA NIA NIA 64- Tallon Can $58.73 $106.31 N/A NIA N/A NIA 96 -Gallon Cert $58.73 $106.31 NIA NIA NIA NIA 111.5 CY Bin 5126.37 $216.09 5291.73 $367.57 $452.12 $619.83 2 CY Bin $180.1 $290.34 $391.96 $493.87 $607.46 $688.58 3 CY Bin $220.40 $354.85 11479.04 $603.59 $742.42 $853.78 4 CY Bin $260.48 $425.82 55]4.85 572..31 $880.90 $1,024.50 6 CY Bin $317.38 $510.98 5689.82 $868.17 51,069.08 $1,229.45 Multi -Family Organic Waste (Green Waste and Food Waste) 32 -Gallon Can $35.00 $70.00 NIA NIA NIA NIA 6LGallon Can 570.00 $10.00 NIA NIA NIA NIA 964a11on Cart NIA WA NIA NIA NIA NIA 1 / 1.5 CY Bin $202.00 $342.73 $484.59 NIA NIA NIA 2 CY Bin $202.00 $342.73 $484.59 NIA NIA NIA Mufti -Family Dwelling Yard Waste Only (if applicable) 32 -Gallon Cat $35.00 $70.00 NIA NIA NIA NIA 64Gellon Cart $70.00 $140.00 NIA NIA NIA NIA 96-Gellon Cart NIA NIA NIA NIA NIA NIA 111.5 CY Bin $202.00 5342.73 5480.59 NIA NIA NIA 2 CY Bin $202.0 5342.73 $,184.59 NIA NIA NIA 3 CY Bid $242.00 $389.62 $553.26 NIA NIA NIA 4 CY Bin $282.00 5482.22 $884.]5 NIA NIA NIA 6 CY Bin 5323.00 its'. 62 5781.88 NIA NIA NIA Multi -Family Dwelling Food Waste Only (if applicable) 32 -Gallon Cart $UeD $70.00 NIA NIA NIA NIA 64Gallon Can $70.OD $140.00 N/A WA NIA NIA 96Gallon Can NIA NIA NIA NIA NIA NIA 111.5 CY Bin $202.00 $342.73 $484.59 WA NIA NIA 2 CY Bin $202.0 $342.73 $484.59 NIA WA NIA Mufti -Family Dwelling Other/ Additional Services (insert additional service or containers w8raquency Per Goatnenc, (InsenaddlOonaimMceorcoMinamw"usneyp.,O .me, I $0.00 so.OD Revised Form K TAB B MFD Rates Option 2 Preparer's Name: Republic Services Form K, Tab B: Multi -Family Dwelling Maximum Service Rates Rate Schedule Effective 8/112023 (15 -Year Term) Multi -Family Trash (Note: Proposed bundled rates include 96 -Gallon Recycling and 32 -Gallon Organic Waste) Service Descriptions i/week 2/week Collection Frequency 3lweek 4/week 6hveek 6/week 32 -Gallon Cart $181.57 $326.83 NIA N/A NIA N/A 64 -Gallon Cart $161.57 $326.83 NIA N/A N/A NIA 96 allon Cart $181.57 $326.83 NIA NIA NIA N/A 1/1.5 CY Bin $201.92 $3/5.29 5486.14 $587.6 $722.42 $830.19 2 CY Bin $2211.00 $398.20 $537.57 $677.36 $833.13 $958.09 3 CY Bin $284.96 5458.48 $617.39 $780.87 $964.79 $1,105.11 4 CY Bin $379.90 $551.88 $770.08 $946.65 $1,169.59 $1,345.00 6 CY Bin $608.36 $903.40 $1,211.62 111,508.35 $1,868.04 $2,148.19 Multi -Family Dwelling Recycling 32Gallon Cart $58.73 $106.31 NIA NIA NIA NIA 6 allon Cart $58.73 $106.31 N/A NIA NIA NIA 96fall0n Cart $58.73 $106.31 N/A N/A N/A WA 111.5 CY Bin $126.37 $216.09 $291.73 $367.51 $452.12 $519.93 2 CY Bin $160.41 $290.34 5391.96 $493.87 $607.06 $698.58 3 CY Bin $220.40 $354.85 $419.04 $603.59 $74242 $853.78 4 CY Bin 3286.48 $625.a2 $574.85 1)24.31 $890.90 $1,02/.54 6 CY Bin 5311.36 $510.99 5689.82 5869.17 $1,069.08 51,229.45 Multi -Family Organic Waste (Green Waste and Food Waste) 32 -Gallon Cart 135.00 $70.00 NIA WA N/A NIA 86 -Gallon Cart $70.00 $140.00 NIA N/A NIA NIA 96fallon Cart NIA NIA NIA NIA NIA N/A 1/1.5 CY Bin $202.00 $342.73 $484.59 WA NIA NIA 2 CY Bin $202.00 $342.73 $464.59 NIA NIA NIA Multi -Family Dwelling Yard Waste Only (if applicable) 32 -Gallon Cart $35.00 $70.00 NIA N/A N/A NIA 61 -Gallon Cart $70.00 $140.00 WA NIA NIA N/A 96 -Gallon Cart NIA N/A NIA N/A N/A N/A 111.5 CY Bin $M2.W 534273 $484.59 NIA N/A NIA 2 CY Bin $M2.W $342.73 $484.59 NIA N/A NIA 3 CY Bin $U2.W $389.62 $553.26 NIA NIA NIA 4 CY Bin $282.00 $482.22 5884.75 NIA N/A NIA 6 CY Bin $322.0 $550.82 5781.88 NIA NIA N/A Mutt) -Family Dwelling Food Waste Only (if applicable) 32 -Gallon Cart $35.00 370.0) NIA N/A NIA NIA 64 -Gallon Cart 370.00 $140.00 N/A NIA N/A N/A 96 -Gallon Cart N/A N/A N/A N/A N/A N/A 111.5 CY Bin $W2.W $342.73 S0ad.59 N/A NIA N/A 2 CY Bin $202.00 5302.73 $090.59 NIA NIA NIA Multi -Family Dwelling Other / Additional Services (Insert additional service or containers wttrequency Per Occurrence (Insert additional service or containers wttrequency Per Occurrence sew Sa.W Revised Fane K TAB B MRD Rates Option 2 P.Pess. sName: Republic Services Form K, Tab C: Commercial Maximum Service Rates Rate Schedule Effective 8/112023 (10 -Year Term) Commercial Trash (Note: Proposed bundled rates include 96 -Gallon Recycling and 32 -Gallon Organic Waste) Service Descriptions IM,eek 2lweek Collection Frequency 3tweek Mel &.ask 6/week 3243ellon Can S181.A M." WA WA WA WA 64Gallon Can $111.51 $328.83 WA WA WA WA 96 -Gallon Grt 5181.51 632833 WA WA WA WA 111.5 CY Bin 8201.92 5365.29 $411.14 3587.34 $72262 $830.79 2 CY Bin 8220.00 $see.n $537.57 "77.34 3833.13 8958.09 3 CY Bin 12$4.64 sass" 8117.39 8780.81 8928]9 81,105.11 a CY Bin 8379.90 $551.88 ST70.011 $916.85 81,169.59 $1,365.110 S CY Bin 6698.34 $903." $1,211.82 1 $1,50835 $1,868.06 $2,168.19 Commercial Trash for Oral Waste Exemof Customers (Note: Proposed bundled rates Include 96 -Gallon Recycling and no Organic We 32Gellon Cart 81".57 $285.29 WA WA WA WA 64GeIl.n Cart 3144.57 $265.28 WA WA WA WA 964allen Cart $1".57 $265.29 WA WA WA WA 111.5 CY BN $168.92 52MA4 Isl $415.53 5641.20 5886.18 2 CY Bin $186.00 $334.85 1452.05 $569.58 5700.68 3805.87 3CYBin 8349.98 3402" 1543.34 $684." $841.91 $968.20 4 CY Bin $128.90 8551.68 170.70 9944.64 $1,161.91 $1,336.19 6 CY Bin S573.34 $903." $1,211.62 51,60835 $1,868.06 $2,148.19 Commercial Recycling 32Gallon Cart $58.73 9106.31 WA WA WA WA 66GWlon Can $58.73 $106.31 WA WA WA WA 96Gallon Grt 858.73 $106.31 WA NIA WA WA 111.5 CY Bin $126.37 8216.09 9291.73 9361.57 $452.12 $519.93 2 CY Bin $160,41 $290.34 $491.96 $493.87 $607.46 $690.50 3 CY Bin $220." $384.85 4419.04 $603.59 $142.42 $853.78 4 CY Bin $284." 3425.82 8614.85 $724.31 5890.90 81,028.66 6 CY Bin $317.38 $510.98 $4Ba02 $889.17 $1,069.08 $1,229." Commercial Organic Waste (Green Waste and Food Waste) 32G.R.n Cart $35.00 970.00 WA WA WA WA 64 G.R.n Cart 970.00 S1"bo WA WA WA WA 96Gallon can WA WA NIA WA WA WA 111.5 CY Bin 920200 934273 $494.59 WA f8A WA 2 C Bin $202.00 934213 1184.59 WA WA WA Commercial Yard Waste Only lit applicable) 324ellon Grt 135.00 110.00 WA WA WA Was 64 Ilon Cart $70.00 $110." WA WA WA WA 96 -Gallen Grt WA WA WA WA WA Was 111.5 CY Bin $202.00 $34273 $484." WA WA WA 2 C Bin $202.00 5342.73 $684.59 WA WA WA 3 C Bin 12".00 9388.82 3853.25 WA WA WA 4 C Bin $212.00 9"2.22 lil WA WA WA 6 C Bin $322.00 $550.62 $781.18 WA WA WA Commercial Food Waste Only (if applicable) 32 -Gallon Can $35.00 $10.00 NIA WA NIA WA Gt llon Grt $10.00 914.00 NIA WA WA WA 96Ga1bn Cad NIA WA WA WA WA NIA 111.5 CY Bin 1202.00 6362.73 5181.69 WA WA NIA 2 CY M. 1202.00 $342.73 5"4.0 WA WA NIP Commercial Other / Additional Services Revised Form N TAB C Ummerdal Bates Option 2 11 insert ed Moral service or contain: wihequenc» Pero umnceso. )Inviert eddibonal z.,o or coMein.. wMhoqueno,) Per 0-...sO 00 (inserteddidonel service or coM inem wldequency) Per Oca.. 1 60.00 Revised Form N TAB C Commerdal Bites Option 2 Propose, Name: Republic SerWces Form K, Tab C: Commercial Maximum Service Rates Rate Schedule Effective 81112023 (15 -Year Term) Commercial Trash (Nota: Proposed bundled rates include 96 -Gallon Recycling and 32 -Gallon Organic Waste) Service Descriptions IM"k 2/week Collection Frequency 3&eak AAYeek 51week 6/wee1, 32Gelon Carl 5181.52 8325.83 WA WA WA WA 64gallon Can $181.62 926.83 WA WA WA WA 83 -Gallon Can 5181.52 8326.83 WA WA WA WA 1111 CY Bin $201.92 1,34539 5490.14 5582.36 Si $830.29 2 CY Bin 5226.00 1,39830 5532.52 469.83 5833.13 $950.09 3 CY Bin 1,264.34 5468.49 561219 $250.82 $964.79 $1,105.11 4 CY Bin $329.90 $551.68 5220.08 $946.65 $1,169.59 $1,345.00 6 CY Bin $608.36 1 590].60 1 $1,211.62 $1,508.35 $1,868.04 $2,149.19 Commercial Trash for Organic Waste Fxemgt Customers (Note: Proposed bundled rates include 964allon Recycling and no Organic We 32Gallon Cad $146.52 111 WA WA WA NIA 64t9a11on Can $146.52 $265.29 Was, WA WA WA 96Gallon Cart $146.52 5265.29 WA WA WA WA 1111 CY Bin $166.82 5285." 5]85.36 8385.9 5592.20 $686.28 2 CY Bin $185.00 $33616 5652.05 1,959.58 900.58 $805.67 3 CY Bin Sus." 5402.40 1,343.34 $684," 1,841.91 $968.20 4 CY Bin 51 $551.69 $269.70 S"4," $1,161.91 i1,383.19 6 CY Bin 51 1 "03." $1,211.62 5y526.35 51,868.04 52,10.18 Commercial Recycling 32 -Gallon Cart $58.23 $106.31 WA WA WA NIA 64G911on Cad 59.73 5106.31 WA WA WA WA 96 -Gallon Cad $58.73 3109.31 WA WA WA WA 111.5 CY Bin $12612 $218.09 $291.73 $367.57 S"2.12 019.93 2 CY Bin $180.41 9M.M $391.96 3493.97 5092.45 $699.58 3 CY Bin $220.40 "sa.a5 5429.04 3826.59 $262.42 $853.78 4CYBin 1,266." 5125.82 $57Aa5 926.31 SBM." $1,02414 6 CY Bin $317.38 1,610.98 $689.82 1,869.17 51,089.26 $1,229.45 Commercial Organic Waste (Green Waste and Food Waste) 32 -Gallon Cart $35.00 1,70.00 WA WA WA NIA "Gallon Cad $20.00 $140.00 WA WA WA NIA 96 -Gallon tad WA WA WA WA WA WA 111.6 CY Bin $202.00 5342.23 1,634.69 WA WA WA 2 LY Bin 520200 5362.13 5184.83 WA WA NIA Commercial Yard Waste Only (if aoolicablel 32 -Gallon Cad 1,35.26 90.00 WA WA WA NIA 64Gallon Cart 90.0 $11010 WA WA WA WA 915 -Gallon Cart WA WA WA WA WA NIA 111.6 CY Bin 520210 $34273 1,"6.59 WA WA NIA 2 CY Bin 5202.26 $362.2] 5"4.59 WA MA NIA 3 CY Bin SN2.00 5389.62 $59.26 NIA MA WA 4 C Bin 5282.00 S"222 $681.76 WA WA WA B CY Bin $32200 3550.62 $281.83 WA WA NIA Commercial Food Waste Only (if applicable) 314allon Cart $35.00 $70.00 WAWA WA WA 64-GallonGrt $10.00 $146.26g WA WA WA G 96allon Cart WA WA WA WA WA 1111 CY Bid $202.00 534223 WA WA WA 2CY Bin $202.00 534223 WA NIA WA Commercial Other I Additional Services Revised Form K TAB C commercial Rates Option 2 (inserc.aai0vna seame or oonhm.rs wmeQeemy( ver occumnce 50.00 (Inserleddldomis mimorconf im wdmyuency) Per0 drrence 50.00 (insertaddNenal servke or condlners wllrtquency)Per Xcumnce 50.00 Revised Form K TAB CCommerci.l Whs Option 2 Proposer's Name: Republic Services Form K, Tab D: Additional Services Maximum Service Rates Rate Schedule Effective 8/1/2023 (10 -Year Term) Other Services Service Descriptions Frequency Proposed Rate Locking Bin, Lock on Gate monthly $9.75 Trip Charge/Dry Run Per Occurrence $115.00 Restart of Service (auto resume fee) Per Occurrence $25.00 Setup Fee Per Occurrence $0.00 Delivery Charge Per Occurrence $75.00 Delivery Charge Commercial Carts Per Occurrence $25.00 Removal Per Occurrence $75.00 Exchange Fee Per Occurrence $75.00 Stinger / Scout Service fee Per Occurrence $15.00 Recycling Contamination Fee Per Occurrence $63.00 Overage Fee Per Occurrence $45.00 Commercial Manure Collection (64 gallon Cart) weekly NIA Commercial Manure Collection (2 CY Bin) weekly N/A Emergency Services (Section 20.01) Per Occurrence $207.00 Extra Yards Per Occurrence $47.73 Organics Contamination Per Occurrence $80.00 Commercial Bulky Per Item - Max 2 $42.00 Push Rate (Monthly) Push Rate - 25 feet 1 pickup I week $12.00 Push Rate - 25 feet 2 pickups / week $24.00 Push Rate - 25 feet 3 pickups /week $36.00 Push Rate - 25 feet 4 pickups / week $48.00 Push Rate - 25 feet 5 pickups /week $60.00 Push Rate - 25 feet 6 pickups / week $72.00 Revised Form K TAB D Additional Rates Option 2 Push Rate - 50 feet 1 pickup/ week $18.00 Push Rate - 50 feet 2 pickups / week $36.00 Push Rate - 50 feet 3 pickups / week $54.00 Push Rate - 50 feet 4 pickups / week $72.00 Push Rate - 50 feet 5 pickups / week $90.00 Push Rate - 50 feet 6 pickups / week $108.00 Push Rate - 75 feet 1 pickup/ week $24.00 Push Rate - 75 feet 2 pickups / week $48.00 Push Rate - 75 feet 3 pickups / week $72.00 Push Rate - 75 feet 4 pickups / week $96.00 Push Rate - 75 feet 5 pickups / week $120.00 Push Rate - 75 feet 6 pickups / week $144.00 Push Rate - 100 feet 1 pickup / week $30.00 Push Rate - 100 feet 2 pickups / week $60.00 Push Rate - 100 feet 3 pickups / week $90.00 Push Rate - 100 feet 4 pickups I week $120.00 Push Rate - 100 feet 5 pickups /week $150.00 Push Rate - 100 feet 6 pickups I week $180.00 Roll -off Pull Rates (Roll -off Containers billed on a per pull plus process or disposal rate) 10 Cubic Yard Container per pull Per Pull $969.31 20 Cubic Yard Container per pull Per Pull $1,045.07 30 Cubic Yard Container per pull Per Pull $1,045.07 40 Cubic Yard Container per pull Per Pull $1,045.07 Street Sweeping Services Option 3: No Changes to Current Schedule Proposed Hours Per Year $0.00 Proposed Miles Per Year $0.00 Annual Cost Proposal Per Year $329,070.00 Curb Mile Rate Per Mile $0.00 Revised Form K TAB D Additional Rates Option 2 Street Sweeping Other / Additional Services Roll off extra tonnage - over 7 tons Per Occurrence $104.17 Compactor - max 9 tons Per Occurrence $1,296.49 3 Yd Temp Per Occurrence $248.00 Revised Form K TAB D Additional Rates Option 2 Proposer's Name: Republic Services Form K, Tab D: Additional Services Maximum Service Rates Rate Schedule Effective 8/1/2023 (15 -Year Term) Other Services Service Descriptions Frequency Proposed Rate Locking Bin, Lock on Gate monthly $9.75 Trip Charge/Dry Run Per Occurrence $115.00 Restart of Service (auto resume fee) Per Occurrence $25.00 Setup Fee Per Occurrence $0.00 Delivery Charge Per Occurrence $75.00 Delivery Charge Commercial Carts Per Occurrence $25.00 Removal Per Occurrence $75.00 Exchange Fee Per Occurrence $75.00 Stinger I Scout Service fee Per Occurrence $15.00 Recycling Contamination Fee Per Occurrence $63.00 Overage Fee Per Occurrence $45.00 Commercial Manure Collection (64 gallon Cart) weekly N/A Commercial Manure Collection (2 CY Bin) weekly N/A Emergency Services (Section 20.01) Per Occurrence $207.00 Extra Yards Per Occurrence $47.73 Cleaning/exchange above 1 per year Per Occurrence $80.00 Commercial Bulky Per Item - Max 2 $42.00 Push Rate (Monthly) Push Rate - 25 feet 1 pickup / week $12.00 Push Rate - 25 feet 2 pickups / week $24.00 Push Rate - 25 feet 3 pickups / week $36.00 Push Rate - 25 feet 4 pickups / week $48.00 Push Rate - 25 feet 5 pickups / week $60.00 Push Rate - 25 feet 6 pickups / week $72.00 Revised Form K TAB D Additional Rates Option 2 Push Rate - 50 feet 1 pickup/ week $18.00 Push Rate - 50 feet 2 pickups / week $36.00 Push Rate - 50 feet 3 pickups / week $54.00 Push Rate - 50 feet 4 pickups / week $72.00 Push Rate - 50 feet 5 pickups / week $90.00 Push Rate - 50 feet 6 pickups / week $108.00 Push Rate - 75 feet 1 pickup / week $24.00 Push Rate - 75 feet 2 pickups / week $48.00 Push Rate - 75 feet 3 pickups / week $72.00 Push Rate - 75 feet 4 pickups / week $96.00 Push Rate - 75 feet 5 pickups / week $120.00 Push Rate - 75 feet 6 pickups / week $144.00 Push Rate - 100 feet 1 pickup / week $30.00 Push Rate - 100 feet 2 pickups / week $60.00 Push Rate - 100 feet 3 pickups / week $90.00 Push Rate - 100 feet 4 pickups / week $120.00 Push Rate - 100 feet 5 pickups / week $150.00 Push Rate - 100 feet 6 pickups / week $180.00 Roll -off Pull Rates (Roll -off Containers billed on a per pull plus process or disposal rate) 10 Cubic Yard Container per pull Per Pull $969.31 20 Cubic Yard Container per pull Per Pull $1,045.07 30 Cubic Yard Container per pull Per Pull $1,045.07 40 Cubic Yard Container per pull Per Pull $1,045.07 Street Sweeping Services Option 3: No Changes to Current Schedule Proposed Hours Per Year $0.00 Proposed Miles Per Year $0.00 Annual Cost Proposal Per Year $329,070.00 Curb Mile Rate Per Mile $0.00 Revised Form K TAB D Additional Rates Option 2 Street Sweeping Other / Additional Services Roll off extra tonnage - over 7 tons Per Occurrence $104.17 Compactor - max 9 tons Per Occurrence $1,296.49 3 Yd Temp Per Occurrence $248.00 Revised Form K TAB D Additional Rates Option 2 Proposer's Name: Republic Services Form K, Tab E: Start Up Capital Costs (10•Year Term) Startup Capital Expenses Capital Expense Description Residential Numher Each Pdce/Unit Commercial Number Each PricaNnk Rall Off Number Each PdceNnH From End Loader - $0.00 - 50.110 - $0.00 Automated Site Loader - $0.00 - $O.w - $O.OD RoOcff Tmcs - $0.o0 - so.00 - $0.00 Scout Tmc, - $0.00 - sooD - $D.00 Replace all Residential Cam and purchase SB1383 cans and bins 1.00 $2,066,000.00 1.00 $152,000.00 - $0.00 32 -Gallon Cart See above $0.00 Sae above $0.00 - $O.00 64-Gellon Cart See above $0.00 See above $0.00 - 50.00 9e -Gallon Can See above $11.66 See above $0.00 - $0.00 1 CY Bin - $0.00 - $O.OD - $D.10 1.5 CY BF - $0.o0 - $0.1111 - $0.00 2 CY Bin - $0.66 - $0.00 - $0.00 3CYBin - $O.N - $0.00 - $0.00 4 CY Bin - $0.01 - $D.00 - $0.00 o CY Bin - $0.00 - $DAO - $0.o0 10 CY RollOF!- $1.00 - $0.00 - $D.OD 20 CY Roll -00 - sow - $0.00 - $0.00 30CY Roll R - $0.00 - Si - $0.00 40 CY Ro&CO - $0.66 - ".so - $0.00 Other Capital Expenses Expense Description Residential Number Each Price/Unit Commercial Number Each Price/Unit Roll Off Number Each Price/Unit OMar(Describe). - $0.01 - $11.00 - $0.00 Other(Desaibe)'. - $0.00 - $D.00 - $0.00 Tote) Anticipated Sunup Capital Costs - $0.00 - N.N - $0.00 Reviz d Form K TAB E 5ort up capttal Costs Option 2 Pmposer'a Name: Form K, Tab E: Start Up Capital Costs (15 -Year Term) Startup Capital Expenses Capital Expense Description Residential Number Each PdceNnk Commercial Number Each Pdce/Untt Roll Off Number Each Price/Untt From End Loader - $0.00 - $O.w - si Automated Side Loader - $0.00 - $0.00 - $0.00 ROTI-offTfuck - also - $Q.w - $0.00 Smut True, - $0.01) - $0.00 - $0.00 Replan all Rasidenoal Cans and purchase SWI 383 cane and bins 1.00 2,086,000.00 1.00 152,000.00 - $0.00 32 -Gaon Cart See above $0A0 See above $0.00 - $0.00 8 Gallon Can See be. $0.00 See above $0.00 - $0.00 95 -Gallon Can See above $0.00 See above 50.00 - $0.00 I CY Bin - $0.00 - $0.00 - $0.00 1.5CYah - $0.00 - $0.00 - so.00 2 CY Bin - $0.00 - so.00 - $0.00 3 CY Bin - $0.00 - s0.00 - $0.00 4 CY Bin - $0.o0 - $0.00 - $0.00 S CY Bin - 50.00 - $0.00 - sa.00 10 CY RolI-0 - $0.00 - $0.o0 - $0.00 20 CY Roli-0 - $0.00 - $0.M - 50.00 30 CY R011 -D$ - $0.00 - $0.00 - so.00 40 CY Rai - $0.00 - so.o0 Other Capital Expenses Expense Description Residential Number Each I Price/UnH Commercial Number Each Price/Unit Roll Off Number Each Price/Unit ONer(Descrbe): - $0.00 - $0.00 - $0.00 Cther(Dascdbe): - $0.00 - $am - $D.00 Total Andapated Startup Capital Costs - $0.00 - si - $0.00 Revised Form K TAB E Start up daphal costs Option 2 Proposer's Name: Republic Services Form K, Tab F: Proposal Service Alternatives and Agreement Exceptions Rate Schedule Effective 81112023 (10 -Year Term) Service Alternatives Service Alternative Description Frequency Proposed Rate (insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 (Insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 (Insert additional service) Each Occurrence $0.00 (Insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 Agreement Exceptions Agreement Exception Description Frequency Proposed Rate (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (Insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (Insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 Revised Form K TAB F Service Alternatives Option 2 Proposer's Name: Republic Services Form K, Tab F: Proposal Service Alternatives and Agreement Exceptions Rate Schedule Effective 8/1/2023 (15 -Year Term) Service Alternatives Service Alternative Description Frequency Proposed Rate (insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 (Insert additional service) Each Occurrence $0.00 (Insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 (insert additional service) Each Occurrence $0.00 Agreement Exceptions Agreement Exception Description Frequency Proposed Rate (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (Insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected Each Occurrence $0.00 Revised Form K TAB F Service Alternatives ATTACHMENT B REPUBLICS PROPOSED AGREEMENT EXCEPTIONS AND DISCUSSION ITEMS 1.-4. Exceptions and Discussion ATTACHMENT B REPUBLIC'S PROPOSED AGREEMENT EXCEPTIONS AND DISCUSSION ITEMS 1. Draft Agreement Section 18.03 Collection Vehicles: Page 63, lines 2242-2243. a. Republic's proposed Agreement language revisions:.." may not use any Collection Vehicle that is more ten (10) fifteen (15) years all during the term of the Agreement" b. City's Response: Exception accepted. c. Repuboes Response: Resolved. 2. Draft Agreement Section 18.04 Collection Vehicle Technology: Page 63, line 2260 —2263. a. Republic's proposed Agreement language revisions: "By no later than August 1, 2027, Collection Vehicles must also befitted with cameras that are programmed to take photos, date and location stamped, to document violations, including contamination, overfilling, and lids not closed. GPS and camera data will be made available to the City upon request." b. City's Response: Proposed camera implementation date of August 1, 2027, is rejected. The City will approve implementation of cameras by no later than August 1, 2025. c. Republic's Response: Resolved. 3. Draft Agreement Section 6.03.2 Annual Rate Cap on Maximum Service Rates: Page 29, line 985 — 989. a. Republic's proposed Agreement language revisions: "in any Rate Veer -that the coo ''—tion ,.rte.^ o a s r on the total..a:...tmeata.-th..t.. ..:n^ .01 f ..-.. enl:(4 sab"uent-year, If the CPI is negative priar-yenah there will be no CPI adjustment for that year." b. City's Response: Exception rejected. c. Republic's Response: Republic accepts the City's rejection of the struck language in our original proposal submission. Republic accepts the annual four percent (4%) limitation (cap) in any one rate year and the rollover language for the following year, or any subsequent year, as was originally written in Section 6.03.2 of the draft agreement. Additionally, Republic requests that any reference to, "CPI," be changed to: "Water, Sewer, Trash CPI Index" in sections 6.03.1 and 6.03.2 in the draft agreement. 4. ITEMS LISTED FOR FURTHER DISCUSSION SUBMITTED IN REPUBLIC'S ORIGINAL PROPOSAL Republic Services has reviewed the draft Agreement provided and understands the roles, responsibilities, rights, and obligations of both the City of Rosemead and Republic Services. In addition to the items previously documented in this section, we have also identified a category of items we would like to discuss further with the city. If awarded the contract, the following list of discussion items are not taken as exceptions to the draft agreement. Rather, we request these items be included as topics during further discussion sessions to be had with city staff for review prior to finalizing the agreement. • Section 6.09 Market Rate Review. • Section 11.08.5 Materials Recovery Facility. • Section 19.01 Contractors Office. • Section 29.01 Termination. • Form I: Insurance language to include reference to blanket -endorsements Attachment C Waste Hauler Best and Final Offer By Valley Vista aecovning Ne tenh'z Rewurces Valley Vista Services Waste Disposal and Recycling Division 17445 East Railroad Street • City of Industry, California 91748 • (626) 961-6291 • Fax (626) 961-1105 April 27, 2023 BY HAND DELIVERY Rosemead City Hall Office of the City Clerk Attn: Danielle Garcia 8838 E. Valley Boulevard Rosemead, CA 91770 RE: Request for Best and Final Offer— Integrated Solid Waste Handling Services Dear Ms. Garcia: In response to Mr. Chung's letter dated April 19, 2023, Valley Vista Services, Inc. ("Valley Vista") thanks you for the opportunity to provide our Best and Final Offer (BAFO) regarding the City of Rosemead's ("City's") Request for Proposals for Integrated Solid Waste Handling Services (or the "RFP"). We are proud to present this BAFO which meets and exceeds those items described in Attachment 'A" from Mr. Chung's Letter. Our revised summary of proposed services is as follows: As previously guaranteed in Valley Vista's RFP response, dated January 26, 2023, we continue to commit to replacing all carts and bins for all residents and businesses in the City. All carts will be uniformly labeled as described on pp. 34 of our RFP response. Valley Vista will exceed the City's request for new vehicles for at least 2/31 of the collection fleet, by providing an entirely new collection vehicle fleet. Further, in the event the State of California decides to mandate the use of electric collection vehicles, neither the City nor the ratepayers will shoulder the cost of those new vehicles. All collected materials will be processed of at our materials recovery facility located in the City of Industry, approximately twelve miles from the City. Then sorted waste will be transported to the EI Sobrante or Olinda Alpha Landfills in Riverside and Orange counties, respectively. Additionally, Valley Vista is committed to transporting collected materials the shortest possible distance to their respective processing and disposal facilities and, as such, will transport materials to a closer processing facility if and when such facility may open, provided there is no additional cost borne by the City or the ratepayers. For single-family, multi -family and mixed dwelling units, Valley Vista will provide kitchen food waste pails free of charge, and up to five hundred (500) compost bins per calendaryear will be delivered upon request by a resident. As Valley Vista is a committed community partner in all our franchised jurisdictions, we are more than willing and able to commit to the following programs, partnerships, and collaboration efforts with the Rosemead Community, at no additional charge: 0 Printed on Recycled Paper Rwovenng Ne E h Reso es Valley Vista Services Waste Disposal and Recycling Division 17445 East Railroad Street • City of Industry, California 91748 • (626) 961-6291 • Fax (626) 961-1105 • Compost giveaway events for the Rosemead Community and local schools, as coordinated with City staff, • Collection for the following City sponsored events: 0 4`n of July: two (2) 40 -yd Roll -offs, twelve (12) 3 -yd bins, four each of garbage, recyclables and organic waste, and lids and trash liners; o Moon Festival: three (3) 40 -yd Roll -offs, twelve (12) 3 -yd bins, four each of garbage, recyclables and organic waste, and lids and trash liners; and o Fall Fiesta: one (1) 40 -yd Roll -off, eight (8) 3 -yd bins, three (3) for garbage, three (3) for recyclables and two (2) for organic waste, and lids and trash liners. • Reasonable collection for additional City sponsored events and in addition to service levels above as coordinated with City staff; • Annual title sponsorship of Concerts in the Park; • Annual $5,000 sponsorship of National Night Out and backpack giveaway; • Annual sponsorship of Rosemead -based nonprofits which provide free community health services in the city. o $5,000 Herald Christian Health Center o $2,500 Wealth by Health Foundation. • Annual $1,000 sponsorship of Rosemead Education Foundation and Garvey Education Foundation. • Unlimited and high diversion bulky item and street litter abatement program; • Semi-annual community paper shred days; • Implementation of a residential recycling rewards program, where gift cards are raffled on a quarterly basis to residents that participate in a recycling survey available through the City's website; • Public education and outreach provided through quarterly newsletters, billing inserts, commercial and multi -family recycling workshops and technical assistance as requested; • Disaster clean up response; • A three -pronged scholarship program for City residents that are high school seniors, where o five (5) students may be awarded a $1,000 academic scholarship, o five (5) students maybe awarded a $1,000 athletic scholarship, and o five (5) students may be awarded a $1,000 trade/certification scholarship; • Quarterly community clean-up events; • Review of development projects as requested; and • Multilingual customer service and outreach materials in English, Spanish, Mandarin and Vietnamese. 9 Printed on Recycled Paper R ovmng aK E 's Rewumrs Valley Vista Services Waste Disposal and Recycling Division 17445 East Railroad Street • City of Industry, California 91748 • (626) 961-6291 • Fax (626) 961-1105 Finally, Valley Vista will continue to commit to the rate schedule submitted on January 26, 2023, as "Option 1." As an alternate, a revised Form K has been attached as "Option 2" for the City's consideration. "Option 2" will lower the Residential rate to align with the current $23.74 rate and match the three (3) cubic yard Ix per week to the current $217.71 rate. The remaining rates will be adjusted to cover SB1383 fees in the amount of $265,000 annually, to be paid in quarterly installments of $66,250. No surcharge will appear on customer billing. The SB1383 fee will be adjusted annually by the same amount of CPI increase on residential and commercial rates. Further, Valley Vista agrees to adhere to the 4% limit on annual rate increases. Both "Option 1" and "Option 2" of Form K, and attachments of the requested plans to incorporate as exhibits to the final agreement are enclosed with this letter. Thank you again for the opportunity to submit this BAFO, and we eagerly look forward to serving the residents and businesses of Rosemead. Sincerely, David Chief Encl: "Option 1" Form K "Option 2" Form K Exhibits for Final Agreement 0 Printed on Recycled Paper Proposer's Name: VALLEY VISTA SERVICES INC. Form K, Tab A: Single -Family Dwelling Maximum Service Rates Rate Schedule Effective 8/1/2023 10 -Year Term Service Descriptions Billing Frequency Proposed Bundled Rate Standard Single -Family Automated Cart Service 96 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic Waste per month $23.87 64 -Gallon Single -Family Automated Cart Service 64 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic Waste per month $21.87 32 -Gallon Single -Family Automated Cart Service 32 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic Waste per month $20.87 Additional Trash Cart each cart $15.44 Additional Recycling Cart each cart $4.54 Additional Organics Cart each cart $5.28 Restart of Service (Auto -Resume Fee) per occurrence N/C Cart Delivery per occurrence N/C Cart Removal per occurrence N/C Cart Exchange per occurrence NIC Residential Cart Replacement Fee per occurrence $65.00 Contamination Fee per occurrence $25.00 Overage Fee per occurrence $15.00 NSF per occurrence $25.00 Bulky Pickup in Excess of Allowed per occurrence $22.50 Proposer's Name: VAEEEYVISTASERVICESINC. Folin K, Tab B: Multifamily Dwelling Maximum Service Rates Rate Schedule Effective 8/1/2023 10 -Year Term Multi -Family Trash (Note: Proposed bundled rates Include 96 -Gallon Recycling and 32 -Gallon Organic Waste) Service Collection Fre vev 1Mk 2h k 3/wk 4/wk 51,,k 6Mk 32Gallon Can $31A8 $57.13 $85.69 $11435 $132.32 $148.81 64 -Gallon Can $62.98 $114.26 $171.38 $228.51 5284.63 $297.61 964allon Cart $78.70 $142.82 $21433 5285.63 $330.79 $372.01 111.5 CY Bin $173.59 $318.9 $474.74 $63299 $736.00 $830.73 2 CY Bin $180.31 $329.94 $494.91 $659.88 $769.61 $871.07 3 CY Bin $193.75 $356.83 $53534 $713.66 3838.83 $951.73 4 CY Bin $20720 5383.72 5575.58 $767A3 $904.05 $1,03240 B CY Bin $234.09 $437.50 5656.24 $974.99 51,038.50 $1,193.74 Multi -Family Dwelling Recycling 32Gallon Cart $14.33 #8.66 $4299 $/6.38 $022 $51.62 64 -Gallon Cart $28.66 $57.32 $85.98 $92.76 $98A3 $10333 96 -Gallon Cart $35.83 $71.66 $107A8 $115.95 $123.04 $129.04 111.5 CY Bin $77.08 $15017 $23125 $250.76 $267.38 $281.72 2 CY Bin $78.79 $15758 5236.37 $257.58 $275.91 $29145 3 CY Bin $82.20 $184.9 $246.60 $27122 $292.96 012AI 4 CY Bin 565.81 $17132 525693 $94.86 5350.01 $332.87 6 CY Bin $9243 $18call $27729 531216 5944.17 $373.79 Muftl-Family Organic Waste (Grow Waste and Food Waste) 32 -Gallon Can $50.58 $55.16 $80.99 $75A4 $84.88 $90.57 64 -Gallon Cart $54.65 $63.29 $78.19 591.70 $10531 $110.98 95-GaEov Cart $58.71 $7f A2 $90.36 $107.96 $125.53 $139.35 1/15 CY Bin $9422 $164.77 $MAI $94.65 $358.90 $419.39 2 CY Bin $128.46 $221.58 $307.39 $391.12 $474.9 $552.94 Muhl -Family Dwelling Yard Waste Only (if applicable) 32 -Gallon Cart $48.58 $51.15 $59.97 S67A1 $74.85 $78.53 64 -Gallon Cart 550.64 $55.26 $66.15 $75.64 $85.14 $90.68 96 -Gallon Cart $52.89 $59.38 $7232 $83.88 $95A3 $103.23 111.5 CY Bin $79.93 $135.66 $197.01 5236.95 S296A0 $332.SB 2 CY Bin $11202 $18921 5258.58 $320.88 $393.66 6455.32 3 CY Bin $167.52 $582.31 $38620 5486.95 $507.71 $680.08 4 CY Bin $223.04 $375A2$513.80 $"IL" $78239 $11"" 6 CY Bin $315.06 $564.64 5772.38 $973.90 57,175A3 $1,360.16 Muhl -Family Dwelling Food Waste Only (if applicable) 32 -Gallon Cart $50.56 $55.16 $65.99 575A4 $"a& 64 -Gallon Cart $54.85 $8339 $7&19 $91.70 $10521 96 -Gallon Cart $58.71 $71A2 $90.38 $107.96 $125.53 d$419.29 1 / 1.5 CY Bin 594.22 $180.77 $230.41 $294.65 5358.90 2 CY Bin $12846 522158 $307.39 $391.12 $474.94 Muhl -Family Dwelling Other I Additional Covramination Fee Bia FxeLaoge Smut Service Services Per Occurrence Per Occupevve P¢ Occurrence $70.00 0.00 280.00 Proposer's Name: VALLEY"STA SERVICES WC. Form K, Tab C: Commercial Maximum Service Rates Rate Schedule Effective 81112023 10 -Year Term Commercial Trash (Note: Proposed bundled rates include 96 -Gallon Recycling and 32 -Gallon Organic Waste) Service Descriptions IMB 2/srlt CoOa ian Fmgowry 3M1r9 4649 vaa bhsY 32GsAa. Cart $2623 $47.61 671.41 59521 611028 $124.00 6 Ca0oa Cat $52A7 $9521 $142.92 $190.62 $220.53 6248.01 9SGaaoa Can $79.70 6142.82 621423 5285.63 $330.79 $372.01 11 15 CY Bio $171.66 6312.84 $489.95 $62527 5728.35 $319.16 2 CY5 $1]7.74 $324.79 $487.19 $648.59 $756.75 $855.&1 3 CYBio $18990 6348.11 $523.67 $69622 $817.54 $928.50 4CYBIo $20205 $373A3 6660.14 $748.88 $878.33 $1,001.54 6 CY Bio 1 $226.37 1 $422.05 $633.10 $844.13 $999.92 $1,147." Commercial Trash for Organic Waste Exempt Customers (Note: Proposed bundled rata include 96 -Gallon Recycling and no Organic W 32-GWoo Can $2&" $".18 $027 $92.36 $10898 $12026 644ellon Can $5099 $02.36 $138.54 $184.71 $21391 S2"A7 96G 1.n Can $76.34 $136.54 $20790 $277.07 $32097 $380.85 1 / 1.5 CY Bin $166.51 $30926 $454.88 6606.51 6704.56 $794.58 2 CY Bin $172.41 $315.80 $47257 6630.10 $730.05 $829.96 3 CY Bin $18420 $138.63 6607.96 $67727 $79392 $900.73 4 CY BIn 11166.99 538223 $5".33 $724A5 $85196 $971A9 6 CY Bin 5219.58 1 $409A0 $614.10 $818.80 $969.93 $1,113.01 Commercial Recycling LGCOoe Can $11.84 $23.89 $35.83 $38.65 $41.01 $43.01 64."Jon Can 533.89 $47.77 $71.66 $77.30 $92.03 $88.03 96 -Gallon Cast 635.83 671.66 $107A8 $11595 612&04 $12894 1 / 13 CY Bis $77.08 $154.17 $2E725 $250.76 6267.38 $281.72 2CYB1a $78.79 $157.54 $236.37 $MA $27591 5201.95 3CYB1a $8220 $164'0 ""90 $27122 $29L" S312A7 4CYBIo $8&01 $171.72 $28693 $264.85 $310.01 $13247 6 CY Bio $92." $184.86 $277.29 $312.14 $344.11 $373.79 Commercial Organic Waste (Green Waste and Food Waste) SGa0oa Can $50.58 $55.16 $65.99 $75." 66498 $90.57 64C .Cad $54.65 $6320 $78.19 $91.70 $10521 $114.96 98 -Gallon Cert $58.71 671A2 $90.36 $107.96 $12553 5130.35 1 / 15 CY Bia $1422 6164.77 $2a0AI $294.65 $358.90 $419.39 2 CY ale 5128'8 $221.56 $307.39 $391.12 $47494 $552.94 Commercial Yard Wash Only lit apolicablel 32Gaaoo Cart $4998 $51.15 559.97 $97AI $74.65 $78.53 84 -Gallon Cart 680.54 55526 $66.15 $75.64 $85.14 $90.98 964s11on Gast 552.69 $559.36 $7232 $83.88 $95A3 $10323 1/15CYBIa 579.93 $135.66 $18791 5236.95 5268." $332.58 2CYBIo $112.02 $18921 $256.56 5325.86 $393.66 $455.32 CY BI. $167.52 1182.31 6386.20 $0695 $587.71 $680.08 4 CY Ina $223.64 $37" $51390 $648.04 $78229 $90!.64 6CYBb 6335.06 $564." 5772.66 $973.90 $1,175." $1,360.16 Commercial Food Waste Only (If applicable) 2GaBm Cat $50.58 1 $55.16 1 $65.99 1 $75.44 1 $8&88 $90.57 64Ga0m Can $54.8556329 $78.19 591.70 $10521 $114.98 95Ga0oo Can 558.71 $71,12 590.38 $107.96 $175.53 $139.35 I/15Cy Bla $9422 6164.77 $230.41 $206.65 $358.90 $419.39 2 CY Bin $128," $221.58 $307.39 $391.12 $474.64 5552.94 CovwerddOWa / AddltlooY Servka cwnmipadon Fx Per Occusreoce 1 $2500 Bio Exc1®p8e IF. 0.,.oce 1 $85.00 Swia savice IF. O�"0.00 Proposer'. Name. VALLRYV A56RVIa6 Mk. Forth K, Tab D: Additional Services Maximum Service Rates Rate Schedule Effective 811/2023 (10 -Year Term) Ser.im Service Descriptions Frequency Proposed Rate Packing Biz, Lock w Gate, en 1. Mwthly Fa Pe lock per mcnw $11.50 Trip Churg.T yRw per � 675.110 Remrtof Service (eteo resume fa) ps,occunace 625.00 SuWFa pa occlmesa NIC Ikch a Chug, per cccurrusee WC Debvery Chaw Commercial Cars pm occmac0ce WC Removal acumaa WC Exchange Fa peraccmauce 675.00 Stinger/Scan Service fa -Monthly pabinwcrklP 665.00 Recyclwg Ccrosmwadw Fa Per cccmreoce #x00 Ovmsc Fa perowmlwa 67500 rupersryguvlm Special Pick-t7p W m 3 cubic yams wch 614500 Addiawal Staedby and Loading Time perhm 660.00 Lesge Vma Events(Nan-Chy Evora) peroasnaa TOD r..PerQ7Ra. 3 Cubic Yud Tcuq m In. Delivery. Rmoval sud up w 7 days consul per bin $145.00 Ficb aklibond pickup peraemtwce 67500 4 Cubic Yard Tempaay Bin Delivery. Removal sd up w 7 dove renal Pabin 6162.00 Foch Wdi0w9 Pickup peroovnwce $75.00 Push Rues Push Ram -25 felt 1pickup/mwk 666.10 Posh Raw -25 fat 2pickups/week $100.24 Push Rafe -25 fat Spickupa/week $150.34 Push Russ -25 fat 4pickups l week $21247 Push Rea -25 fM 5pickups /mask 6256.66 Push Raft -25 fM 6pickupa1vnek 6711.65 Push Raw-50fM lpickup/ weak WA push Ante -50 fM 2pickups l weak WA Push Rua -50 fM 3pickups /weak WA Push Raw -50 feet 4pkiksm1womelt WA Pusb Rua -50 fM 6pickups/weak WA lluh Raw -50 ft" 6pickupa/wea1, WA Push Rick -75 fuss lpickup/ week WA Push Russ, -]5 fM 2piekuprfvosek WA PUN Raft-]5fM 3pickupslissak WA Push Raw -75 fat 4pickups/weak WA Push Aaft-75 fbet 5pickups/mask WA Push Rate-75IM 6Vlekupe1msW WA Push Raft -100 fust 1pickup l week WA PUN Rea-IOO fM 2pickups /weak WA push Rete - IW fes, SFickups/mask WA push Rea -100 fat 4pickups/mwk WA lieh Raw - IW IM 5pickupa/musk WA Push Rase -100 fm 6pickuW/mask WA PeR Yms Roll-OffCwabuxs bifid w a per Pull pica dtapwel lbs 10 Cubic Yard Cwuiner per pull per iad IgIep.ep 20 Cubic Yard Cwaisa Pct pfd per Dud $250.00 30 Cubic Yard Conmmw pmpull per had $2W.00 b CubieYW CwuuM perpull perhad $250.00 Proposer's Name: VALLEY VISTA SERVICES INC. Form K, Tab A: Single -Family Dwelling Maximum Service Rates Rate Schedule Effective 8/1/2023 10 -Year Term Service Descriptions Billing Frequency Proposed Bundled Rate Standard Single -Family Automated Cart Service 96 -Gallon Trash, 96 -Gallon Rec clln , 96 -Gallon Organic Waste per month $23.74 64 -Gallon Single -Family Automated Cart Service 64 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic Waste per month $21.74 32 -Gallon Single -Family Automated Cart Service 32 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Onganic Waste per month $20.74 Additional Trash Cart each cart $15.36 Additional Recycling Cart each cart $4.52 Additional Organics Cart each cart $5.26 Restart of Service (Auto -Resume Fee) per occurrence N/C Cart Delivery per occurrence N/C Cart Removal per occurrence NIC Cart Exchange per occurrence N/C Residential Cart Replacement Fee per occurrence $65.00 Contamination Fee per occurrence $25.00 Overage Fee per occurrence $15.00 NSF per occurrence $25.00 Bulky Pickup in Excess of Allowed per occurrence $22.50 OPTION 2 OPTION 2 Proposer's Name: VALLEY VISTA SERVICES INC. Form K, Tab 13: Multi -Family Dwelling Maximum Service Rates Rate Schedule Effective 8/1/2023 10 -Year Term Multi -Family Trash (Note: Proposed bundled rates include 96 -Gallon Recycling and 32 -Gallon Organic Waste) Service 1/wk Collection Frequency 2/wk 3h k Vwk 5/wk 6/wk 32 -Gallon Cart $36.77 $66.64 $99.97 $133.29 $154.20 $173.26 64 -Galion Cart $73.54 $133.29 $199.93 $266.57 $308.41 $346.52 96 -Gallon Cart $91.92 $166.61 $249.92 $333.22 $385.51 $433.16 1 / 1.5 CY Bin $201.40 $366.54 $549.82 $733.09 $851.13 $959.36 2 CY Bin $208.12 $379.99 $569.99 $759.98 $884.74 $999.70 3 CY Bin $221.56 $406.88 $610,32 $813.76 $951.96 $1,080.36 4 CY Bin $235.01 $433.77 $650.68 $867.53 $1,019.18 $1,161.03 6 CY Bin $261.90 $487.55 $731.32 $975.09 $1,153.63 $1,322.37 Multi -Family Dwelling Recycling 32 -Gallon Cart $14.33 $28.66 $42.99 546.38 $49.22 $51.62 64Gatlon Cart $28.66 $57.32 $85.99 $92.76 $98.43 $10313 964311on can $35.83 $71.66 $107.48 $115.95 $123.04 $129.04 111.5 CY Bin $77.08 $150.17 $231.25 $250.76 $267.38 $281.72 2 CY Bin $78.79 $157.58 $236.37 $257.58 $275.91 $291.95 3 CY Bin $82.20 $164.40 $246.60 $271.22 $292.96 $312.41 4 CY Bin $85.61 577112 5256.83 $294.86 $310.01 $332.87 6 CY Bin $92.43 $184.86 5277.29 $312.14 $344.11 $373.79 Multifamily Organic Waste (Green Waste and Food Waste) 32 -Gallon Cart $50.58 $55.16 $65.99 $75.44 $94.88 $90.57 644allon Cart $54.65 $63.29 $78.19 $91.70 $105.21 $114.96 95 -Gallon Carl $66.71 $71.42 $90.38 $107.96 $125.53 $139.35 1 / 1.5 CY Bin $94.22 $164.77 $230.41 $294.65 $358.90 $419.39 2 CY Bin $128.46 $221.58 $307.39 $391.12 5474.84 $552.94 Multi -Family Dwelling Yard Waste Only (if applicable) 32 -Gallon Cart $48.58 $51.15 $59.97 $67.41 $74.85 $78.53 64 -Gallon Cart $50.64 $55.26 $66.15 $75.64 $85.14 $90.88 96 -Gallon Cart $52.69 $59.38 $72.32 $83.88 $95.43 $103.23 111.5 CY Bin $79.93 $135.66 $187.01 $236.95 $286.40 $332.58 2 CY Bin $112.02 $189.21 $258.58 $325.86 $393.66 $455.32 3 CY Bin $167.52 $282.31 $386.20 $486.95 $587.71 $680.08 4 CY Bin $223.04 $375.42 $513.80 $648.04 $782.29 $904.84 6 CY Bin $335.06 $564.64 $772.38 $973.90 $1,175.43 $1,360.16 Mufti -Family Dwelling Food Waste Only (if applicable) 32 -Gallon Cart $50.58 $65.16 $65.99 $75.44 $84.88 $90.57 64 -Gallon Cart $64.65 $63.29 $78.19 $91.70 $105.21 $114.96 96 -Gallon Cart $58.71 $71.42 $90.38 $107.96 $125.53 $139.35 111.5 CY Bin $9412 $164.77 $230.41 $294.65 $358.90 $419.39 2 CY Bin $128.46 $221.58 $307.39 $391.12 $474.84 $552.94 Multifamily Dwelling Other/ Additional Services Contamination Fee Per Occurrence Bin Exchange Per Occurrence Scout Service Per Occurrence 525.00 $85.00 $60.00 OPTION 2 OPTION 2 ProposeesNam:1 vAL3.8Yv1sTAssx"m INC, Form K Tab C: Commercial Maximum Service Rates Rate Schedule Effective 81112023 10-Year Term Commercial Trash (Note: Proposed bundled rates include 96Gallon Recycling and 32-Gallon Organic Waste) Service Descriptions 1/w9 2M9 CoBecdon 9 Nuevy 3Iw9 6/ak SMt 6Wv9 32 aban Cart s"." $0.54 "341 $111.07 $1211.50 $14498 64GWon Cut $6128 $111.07 $least $222.14 $257.01 $288.77 9S-Gaaon Cut $91.92 $166.61 $248.92 $33322 $385.51 $633.19 11 is CY ae $199A7 $38268 $59403 $725.37 $"1Aa $967.79 2CYB $205.55 $37484 $562.27 $749.69 $871.88 $98426 3CYBin $217.71 $399.16 5598.75 $798.32 $93267 $1,05722 4Man $728.86 $423.48 $05.22 $896.96 $993.46 $1,130.17 6 CY Bb $254.18 $472.11 $708.18 $946.23 $1,115.05 $1,276.07 Commercial Trash for Organic Waste Exempt Customers (Note: Proposed bundled rates Include 96-Gallon Recycling and no Organic We 32-Gill.. Can $20.72 $53.87 $80.81 $107.74 $124.65 $140.05 64-Gallon Cart sm." $107.74 $161.61 $215.48 $249.30 $280.11 96-Gallon Can $07.16 $161.61 $242.42 $323.22 $373.95 $420.16 1 11.5 CY Sin $193.48 $351.61 $527.71 $703.61 $816.23 $919.36 2 CY Bin $199.38 $363.60 $545.40 $727.20 $865.72 $95474 3 GY Bin $211.18 $387.19 $500.79 $77437 3904.89 $1,025.51 4 CY Bin $222.86 $410.78 $618.16 $921.55 $963.65 $1,096.27 6 CY Bin SM.55 1 $457.93 1 $686.93 1 $916.91 $1,081.00 $1,237.79 Commarclal Recycling 3LGalbn Can $11.94 523.89 $35.83 $38.65 $41.01 $43.01 643allon Cart $23.89 $47.77 $71.66 $77.30 $82.03 $86.03 06-Gallon Can $35.93 $71.00 $107.68 $115.85 $123.04 $129.04 1/1.5 CY Bin $77.08 $15417 $23125 5250.76 $257.38 $281.72 2 CY Bin $78.70 $/67.58 $23647 $257.58 $275.91 $291.95 3 CY Bin $8220 $18440 $246.00 $27122 $29296 $31241 4CYBio S".61 $17122 5258.83 $2114A $310.01 $33287 6 CY Bin $92.43 $18489 5277.29 $31214 $314.11 $373.79 Commercial Organic Waste (Green Waste and Food Waste) 32-Ga11oo Cur $50.58 555.111 565.99 $75.44 $81.98 $00.57 66Ga0on Can $56.65 56329 $711.19 $97.70 5105.21 $114.96 964811M Cart $58.71 571533 590.38 $107.96 $125.53 $139.35 111.5 CY Bre $942261647] 5230.41 $294.65 $358.90 $619.39 2CYaw $128A6 f221." $707.38 $391.12 $474.84 $552.94 Commercial Yard Waste Only (if applicable) 32-Gdlaa Can $40.58 $51.15 $58.97 $67AI $74.85 $78.53 61-3ellon Cart sm." $5525 $66.15 $75.84 $95.14 590." 96-Gallon Cart $52.00 $58.38 $72.32 $83.98 $95,43 $103.23 1 / is CY Bra $79.93 $135.68 $187.01 $238.95 $286.40 $332.58 2 CY Bin $112.02 $18921 s25asa $325.86 $397.66 5455.32 3 CY BN $167M $28231 $38620 $486.95 $587.71 $880.09 4M ae $223.04 $375.42 $513.80 $648.04 $78228 $1104." 6CYae $335.06 41564" $772.38 $973.90 $1,175A3 $1,360.16 Commercial Food Waste Only (if applicable) 324: .Can $50.58 $56.16 $65.99 $75,44 sm" $90.57 64Gaaa Can $54." $63.29 $78.18 $91.70 S10521 $114" 9 Gallon Cul $58.71 $71.42 590.38 $107." $125.53 $13945 1/t4 CY as $94.22 $160.77 $239.41 $294." $35&00 $419.39 2 CY B1a $128.46 $221." $307.39 $391.12 $47494 $552.94 CommertLl OWu I AONtlmal Servlem Cocuan aaoo Fae per.. eoce $25,00 Bin Exchange IP. Occugevice 585.00 Scour sonic. Par Occmmme 500.00 OPTION 2 Propos'. Name: VA Y V187A SERVICES IVC. Form Kr Tab D: Additional Services Maximum Service Rates Rate Schedule Effective 811/2023 (10-Year Term) e..k. Somice Descriptions Fmq"cy Proposed Rate Locking Bnn Lock on Gate, ealoawe Monthly Fa per lack permmth $11.50 Trip ChugWry Bim por acutrmce S75.00 Ranco of Service (ewa meumefa) P.. $25.00 Scop Fa per ocmurace NIC Delivery Chuae Per accuncucc WC Delivery Chuge f'�+•iCW per oacurzcua NIC vel DQ cceeccuie MIC Excheege Fee puocconcncc 515.00 Sfinw/Scow Service fce-moody Pa bin wakly $65.00 Rayclmg Covtawination Fa per occurrence 625.00 Overage Eu Per oauvaee 516.00 mparary Servlaa Spaiel Piet-UP, to 3 cubic yais .eh 065A0 dditional Standby ad lauding Tuck, perhma 650.00 Iargc Venue EveOm Mon-Cly Ewa¢) pa acavreece We ®porn, Efaa 3 Cubic Yat Tampon, Bin Dciivay, R®oval and up m 7 davameel pa bm 615.5.00 Eeehddibund Pickup Mwmanvoce MAI Cubic Yard Tempmary Bm Delivery. Removal ad W to 7 lova Baal parbin $122.00 Each ddidowl pidw Pa acurtaa $75.00 Rm Pueh Rue-25fat tpickup l weak $0.10 Pusb Rate-25feet 2pick., I 5169.24 Push Rare-25fed 3 pickup (week $159.30 Push Ralt-25 fed /piekupolwwk 62IM7 Puah Ratc-25 feet 6pickups l week $20.0 Push Rue-25fm Spickupalweek 521L0 Purh Rate-50 fat tpickup lweek WA Puah Roc-50 fat 2pickupalvMk WA Push R.-50 feet 3pickupe/week WA Push Rue-50tbd 6pickupslweek WA Push Ram-50 feu 5pickupe/week WA Itch Ratti-50 far 6pkkupalweak WA uah Raw-75 fcm Ipickup/ week WA Puvh Rate-75 feet 2pickupa I WA Push Rae-75 f«t 3 pickup Tweak WA Push Rua-75 feet 4pkdopa/week WA Purh Rate-75 feet 5puck."Iweek WA Push Raw-75 fed 6pickupe l week WA Peah Rate -IW fat tpickup I WA Peek Rae IN fed 2pickup /week WA Pmh P.r- -IW fat 3piekupa/week WA PushRU,-100fxt 6pickupa l week WA Push Raze - 100 fat 5 pickup, l week WA Pwh Raze-IOOfat 6yiekupa/week WA oa�al?uffl u Roll-Off CwteinmbME onapapullpN diewWfee IOOibic Yud C.ui..Mpol per heel 6250.0 200ubie Yard Cowainapapa per haul 525050 30( is Yad Conhaaperpua paheul 525050 90 Cubic YaiC uuua pa pull pa heel 050.00 OPTION 2 Attachment D Draft Integrated Solid Waste Handling Services Agreement - Republic Services I DRAFT AGREEMENT 2 FOR THE PROVISION OF 3 4 INTEGRATED SOLID WASTE HANDLING SERVICES 5 Ll Executed Between the 7 City of Rosemead and Consolidated Disposal a Services, L.L.C. d/b/a Republic Services 9 10 This _ day of May 2023 11 12 13 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 14 TABLE OF CONTENTS 15 Integrated Solid Waste Handling Services Agreement 16 Table of Contents 17 Article 1. Definitions.................................................................................................................5 18 Article 2. Term of Agreement.................................................................................................18 19 Article 3. Conditions Governing Services Provided by Contractor..........................................19 20 Article 4. Franchise Fees and Payments...............................................................................20 21 Article 5. General Requirements............................................................................................22 22 Article 6. Collection Service Rates.........................................................................................28 23 Article 7. Collection Service Billing........................................................................................32 24 Article 8. Diversion Requirements.........................................................................................36 25 Article 9. Service Unit Types.................................................................................................38 26 Article 10. Residential Service...............................................................................................39 27 Article 11. MFD Service.........................................................................................................45 28 Article 12. Commercial Service..............................................................................................52 29 Article 13. Mixed Use Dwelling Service (MXD)......................................................................59 30 Article 14. City Services.........................................................................................................59 31 Article 15. Additional Services...............................................................................................60 32 Article 16. Collection Routes.................................................................................................61 33 Article 17. Minimum Performance and Diversion Standards..................................................62 34 Article 18. Collection Equipment............................................................................................64 35 Article 19. Contractor's Office................................................................................................67 36 Article 20. Contractor Support Services.................................................................................68 37 Article 21. Emergency Service...............................................................................................73 38 Article 22. Record Keeping and Reporting Requirements......................................................74 39 Article 23. Nondiscrimination.................................................................................................79 40 Article 24. Service Inquiries and Complaints..........................................................................79 41 Article 25. Quality of Performance of Contractor... ................................................................. 80 42 Article 26. Performance Bond................................................................................................81 43 Article 27. Insurance..............................................................................................................82 44 Article 28. Hold Harmless and Indemnification......................................................................86 45 Article 29. Default of Agreement............................................................................................89 46 Article 30. Modifications to the Agreement............................................................................92 47 Article 31. Legal Representation............................................................................................93 48 Article 32. Conflict of Interest.................................................................................................93 49 Article 33. Contractor's Personnel.........................................................................................93 50 Article 34. Exempt Waste......................................................................................................95 51 Article 35. Independent Contractor........................................................................................95 52 Article 36. Laws to Govern....................................................................................................95 53 Article 37. Consent to Jurisdiction.........................................................................................95 54 Article 38. Assignment...........................................................................................................95 DRAFT AGREEMENT.V1 Page 2 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 55 Article 39. Compliance with Laws..........................................................................................96 56 Article 40. Permits and Licenses...........................................................................................96 57 Article 41. Ownership of Written Materials.............................................................................97 58 Article 42. Waiver..................................................................................................................97 59 Article 43. Prohibition Against Gifts.......................................................................................97 60 Article 44. Point of Contact....................................................................................................97 61 Article 45. Notices.................................................................................................................97 62 Article 46. Transition to Next Contractor................................................................................98 63 Article 47. Contractor's Records............................................................................................98 64 Article 48. Entire Agreement..................................................................................................99 65 Article 49. Severability...........................................................................................................99 66 Article 50. Right to Require Performance............................................................................100 67 Article 51. All Prior Agreements Superseded.......................................................................100 68 Article 52. Headings............................................................................................................100 69 Article 53. Exhibits...............................................................................................................100 70 Article 54. Attorney's Fees...................................................................................................100 71 Article 55. Effective Date.....................................................................................................100 72 73 Exhibits 74 Exhibit 1 City Approved Service Rates...............................................................................102 75 Exhibit 2 City Sponsored Events........................................................................................103 76 Exhibit 3 List of City Properties and Current Service Levels... ............................................ 105 77 Exhibit 4 Collection Container Specifications......................................................................108 78 Exhibit 5 Transition Plan.....................................................................................................111 79 Exhibit 6 Administrative Charges and Penalties.................................................................124 80 Exhibit 7 Customer Service Plan........................................................................................126 81 Exhibit 8 Collection Service Operations Plan......................................................................134 82 Exhibit City -Approved Processing and Disposal Facilities ...............................................159 83 Exhibit 10 Sustainability and Compliance Plan...................................................................161 84 Exhibit 11 Outreach and Education Plan............................................................................176 85 Exhibit 12 Acceptable Recyclable Materials.......................................................................185 86 87 DRAFT AGREEMENT.V1 Page 3 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 88 This Integrated Solid Waste Handling Service Agreement ("Agreement") is hereby entered into by 89 and between the City of Rosemead, a general law city existing under the laws of the State of California 90 ("City") and Consolidated Disposal Services, L.L.C. d/b/a Republic Services ("Contractor") as of 91 2023 under the terms and conditions set forth herein. 92 93 RECITALS 94 A. The Legislature of the State of California, by enactment of the California Integrated Waste 95 Management Act of 1989 (the "Act") and subsequent additions and amendments (codified at California 96 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and 97 require local agencies to make adequate provisions for garbage collection within their jurisdiction. 98 B. The State of California has found and declared that the amount of garbage generated in California, 99 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the 100 need to conserve natural resources, have created an urgent need for State and local agencies to enact and 101 implement an aggressive integrated waste management program. The State has, through enactment of the 102 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and 103 to maximize the use of feasible garbage reduction, re -use, recycling, and composting options to reduce the 104 amount of garbage that must be disposed of in disposal sites. 105 C. Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be 106 amended from time to time, City has determined that the public health, safety, and well-being require that 107 an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable 108 materials, and organic waste materials, except for collection of materials excluded in City's Municipal Code, 109 and other services related to meeting the Act's 50 percent diversion goal and other requirements of the Act. 110 D. City further declares its intent to regulate and set the maximum rates Contractor may charge 111 Service Recipients for the collection, transportation, processing, recycling, composting, and/or disposal of 112 garbage, recyclable materials, and organic waste materials. 113 E. The City Council has determined that Contractor, by demonstrated experience, reputation, and 114 capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste 115 materials within the corporate limits of City, the transportation of such material to appropriate places for 116 processing, recycling, composting and/or disposal, and City Council desires that Contractor be engaged to 117 perform such services on the basis set forth in this Agreement; and, Contractor has represented that it has 118 the ability and capacity to provide for the collection of garbage, recyclable materials, and organic waste 119 materials within the corporate limits of City; the transportation of such material to appropriate places for 120 processing, recycling, composting and/or disposal; and the processing of materials. 121 F. By Resolution No. 2023-27, the City Council of City duly approved this Agreement, together with 122 the Franchise Fee, Contractor payments to City, and other City -imposed fees provided for in the Agreement 123 (collectively "City Imposed Fees'), and found and determined that such City Imposed Fees were both 124 necessary and reasonably reflect, or are less than, the actual costs City that will incur in the administration 125 of the contracted services, compliance with mandatory state laws and regulations related to the contracted 126 services, and to mitigate the of impacts provision of the contracted services will have on City streets, 127 Support for these findings is provided in both Resolution No. 2023-27 and the accompanying staff report 128 dated May 9t', 2023. 129 DRAFT AGREEMENT.V1 Page 4 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 130 OPERATIVE PROVISIONS 131 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained 132 in this Agreement, City and Contractor agree as follows: 133 134 Article 1. Definitions 135 For the purpose of this Agreement, the definitions contained in this Article apply unless otherwise 136 specifically stated. When not inconsistent with the context, words used in the present tense include the 137 future, words in the plural include the singular, and words in the singular include the plural. Use of the 138 masculine gender includes the feminine gender. The meaning of terms or words not defined in this Article 139 will be as defined in the Integrated Waste Management Act, or if not defined therein, then as commonly 140 understood in the Integrated Solid Waste Handling Services industry when the common understanding is 141 uncertain. 142 1.01 AB 341. "AB 341" means State of California Assembly Bill No. 341 approved October 5, 143 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 144 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to 145 arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling 146 program. 147 1.02 AB 827. "AB 827" means State of California Assembly Bill No. 827 approved October 02, 148 2019. AB 827 requires businesses that are mandated to recycle under AB 341 ("MCR") and/or mandated to 149 recycle organics under AB 1826 ("MOR") or SB 1383 and that provide customers access to the business, to 150 provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible, 151 easily accessible, and adjacent to each bin or container for trash. 152 1.03 AB 939. "AB 939" or "The Act" means "The California Integrated Waste Management Act 153 of 1989" codified in part in Public Resources Code §§ 40000 et seq, and such regulations adopted by. 154 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or 155 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 156 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling 157 Resources Code § 40000 and following as it may be amended and as implemented by the regulations of 158 CalRecycle. 159 1.04 AB 1594. "AB 1594" means State of California Assembly Bill No. 1594 approved 160 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 161 Daily Cover does not constitute diversion through recycling and would be considered disposal. 162 1.05 AB 1669. "AB 1669" means State of California Assembly Bill No. 1669 approved 163 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the 164 hiring of displaced employees under service contracts for the collection and transportation of solid waste. 165 1.06 AB 1826. "AB 1826" means State of California Assembly Bill No. 1826 approved 166 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an DRAFT AGREEMENT.V1 Page 5 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 167 organic waste recycling program to divert from the landfill organic waste from businesses. Each business 168 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 169 1, 2020, is required to arrange for organic waste recycling services. 170 1.07 AB 3036. "AB 3036" means State of California Assembly Bill No. 3036 approved 171 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting 172 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, 173 license, or permit. 174 1.08 Agreement. "Agreement" means the written Integrated Solid Waste Handling Services 175 agreement between the City and the Contractor covering the work to be performed and all contract documents 176 attached to the agreement and made a part thereof. 177 1.09 Agreement Administrator. "Agreement Administrator' means the City Manager, or his or 178 her designee, designated to administer and monitor the provisions of the Agreement. 179 1.10 Agreement Year. "Agreement Year" means each twelve (12) month period from August 1s' 180 to July 30th during the term of this Agreement. 181 1.11 Alternative Fuel Vehicle. "Alternate Fuel Vehicle" means a vehicle whose engine uses a 182 fuel other than gasoline or diesel fuel, such as compressed natural gas (CNG) or other fuel with comparably 183 low emissions of air pollutants regulated under the California Clean Air Act, Health and Safety Code Section 184 39000 et seq. or the South Coast Air Quality Management District's rules and regulations including Rule 1193. 185 1.12 Applicable Law. "Applicable Law" shall mean all federal, state, county, and local laws, 186 regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental 187 agency having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, and as 188 may be enacted, issued or amended thereafter, including without limitation, to the City's Municipal Code, the 189 California Integrated Waste Management Act of 1989 (Public Resources Code section 40000 et seq.), as 190 amended as of the Effective Date, inclusive (without exclusion to other amendments not referenced here) of 191 AB 939, AB 341, AB 1826, AB 1594, SB 1383, and inclusive of all regulations implementing same adopted 192 as of the Effective Date. 193 1.13 Best Management Practice. "Best Management Practice' means the schedule of activities, 194 prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to 195 the maximum extent that is technologically and economically feasible, the discharge of pollutants in the storm 196 drain system. 197 1.14 Bin. "Bin" means a metal or plastic waste container designed or intended to be 198 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to 199 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor -provided Bins are 200 set forth in Exhibit 4. 201 1.15 Biohazardous or Biomedical Waste. "Biohazardous" or "Biomedical Waste' means any 202 waste which may cause disease or reasonably be suspected of harboring pathogenic organisms, included DRAFT AGREEMENT.V1 Page 6 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 203 are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes 204 which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological 205 specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves. 206 1.16 Box. "Box" means a large open -top rectangular metal containers used to store and 207 transport MSW, Recyclable Materials, Green Waste, Construction and Demolition Debris, or other materials, 208 collected using a special vehicle equipped with hooks and a winch to pull the box onto the flat bed of the truck 209 for transport. 210 1.17 Brown Goods. "Brown Goods' means electronic equipment such as stereos, televisions, 211 computers, VCR's and other similar items collected from SFD Service Units. 212 1.18 Bulky Waste. "Bulky Waste' means furniture, household appliances, automobile tires, 213 shipping crates and containers carpets, mattresses, oversized yard waste such as tree trunks and large 214 branches if no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items 215 not normally discarded on a regular basis at a residential, commercial, or business establishment. "Bulky 216 Items' do not include Construction and Demolition Debris or Electronic Waste, which are regarded as 217 Universal Waste, the disposal of which is governed by the Department of Toxic Substances Control, 218 1.19 Business Day. "Business Day" means any Monday through Friday, excluding any holidays 219 as defined in Section 5.03, 220 1.20 Calendar Year. "Calendar Year" means each twelve (12) month period from January 1 to 221 December 31. 222 1.21 Cart. "Cart" means a heavy plastic receptacle with a rated capacity of at least twenty (20) 223 and not more than one hundred (100) gallons, having a hinged tight -fitting lid and wheels, that is provided by 224 the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients for 225 collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises in 226 connection with Exclusive Franchise Integrated Solid Waste Handling Services. The specifications for 227 Contractor -provided Carts are set forth in Exhibit 4. 228 1.22 CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act 229 of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated 230 thereunder. 231 1.23 Change in Law. "Change in Law" means the occurrence of any of the following events after 232 the Effective Date, when such event has a material and adverse effect on the Parties' responsive obligations 233 or the performance of their respective obligations under this Agreement (except for any payment obligations): 234 (i) the enactment, adoption, promulgation, amendment, repeal, judicial interpretation, or formal administrative 235 interpretation of any Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local 236 court or agency in a proceeding to which a Party is a party, but not to the extent such order or judgment finds 237 the Party asserting there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) 238 the denial, suspension, or termination of any government permit or other entitlement, but not to the extent DRAFT AGREEMENT.V1 Page 7 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 239 such denial, suspension, or termination is the result of any act or omission of the Party asserting there to 240 have been a Change in Law. 241 1.24 City. "City" means the City of Rosemead, California, including any unincorporated areas of 242 the County that may be annexed by the City during the Initial Term and all extensions. 243 1.25 City Collection Service. "City Collection Service' means City Garbage Collection Service, 244 City Organic Waste Collection Service, City Recycling Service, City Clean-up Services, City -Sponsored 245 Events Services, and Bulky Item Collection Services. 246 A. City Clean-up Services. "City Clean-up Services" means on-call City requested 247 Collection from Agreement Administrator to support City services and operations. 248 B. City Garbage Collection Service. "City Garbage Collection Service' means the 249 Collection of Garbage, by Contractor, from City Service Units in the Service Area and the delivery of that 250 Garbage to a Disposal Facility. 251 C. City Bulky Waste Collection Service. "City Bulky Waste Collection Service' means 252 the periodic on-call Collection of Bulky Waste, by Contractor, from City Service Units in the Service Area 253 and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or such other facility 254 as may be appropriate under the terms of this Agreement. 255 D. City Organic Waste Collection Service. "City Organic Waste Collection Service" 256 means the Collection of Organic Waste, by Contractor, from City Service Units in the Service Area, the 257 delivery of those Organic Waste materials to an Organic Waste Processing Facility and the processing and 258 marketing of those Organic Waste materials, and the disposal of all City Organic Waste Processing Residue. 259 E. City Recycling Service. "City Recycling Service' means the Collection of 260 Recyclables Materials by the Contractor from City Service Units in the Service Area, the delivery of those 261 Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable 262 Materials, and the disposal of all City Recyclables Materials Processing Residue. 263 F. City Sponsored Event Services. "City Sponsored Event Services' means on-call 264 Collection Services at City -Sponsored Events. 265 1.26 City Facility. City Facility(ies) means any building or other site that the City owns, leases, 266 or occupies that are listed in Exhibit 3. 267 1.27 City Manager. "City Manager" means the City Manager of the City of Rosemead, or his or 268 her designated representative, or any employee of the City who succeeds to the duties and responsibilities 269 of the City Manager. 270 1.28 Collect and Collection and Collected. "Collect' "Collection" and "Collected" means the 271 removal of Solid Waste from a Service Unit and transportation to a Disposal Facility, Organic Waste 272 Processing Facility, Materials Recycling (or Recovery) Facility, or Transfer Station as appropriate. DRAFT AGREEMENT.V1 Page 8 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 273 1.29 Collection Container. "Collection Container" means a Bin, Cart, Debris -Box or Roll -Off 274 Container that is approved by the Agreement Administrator for use by Service Recipients for Collection 275 Services under this Agreement. 276 1.30 Collection Services. "Collection Services" means Contractor's obligations under this 277 Agreement to Collect Solid Waste within the Service Area. Collection Service includes Residential Collection 278 Service, Commercial Collection Service, and City Collection Service. 279 1.31 Collection Vehicle. "Collection Vehicle" means a licensed vehicle that has all required 280 licenses to provide Collection Service and that has been approved by the Agreement Administrator for use 281 under this Agreement. 282 1.32 Commencement Date. "Commencement Date" has the meaning specified in Section 2.01 283 of this Agreement. 284 1.33 Commercial Collection Service. "Commercial Collection Service' means Collection Service 285 provided to Commercial Service Units. Commercial Collection Service includes Commercial Garbage 286 Collection Service, Commercial Organic Waste Collection Service, and Commercial Recycling Collection 287 Service. Commercial Collection Service specifically includes the following: 288 A. Commercial Garbage Collection Service. "Commercial Garbage Collection 289 Service' means the Collection of Garbage by Contractor, from Commercial Service Units in the Service 290 Area and the delivery of that Garbage to a Disposal Facility. 291 B. Commercial Organic Waste Collection Service "Commercial Organic Waste 292 Collection Service" means the Collection of Organic Waste, by Contractor, from Commercial Service Units 293 in the Service Area, the delivery of those Organic Waste materials to an Organic Waste Processing Facility 294 and the processing and marketing of those Organic Waste materials, and the disposal of all Commercial 295 Organic Waste Processing Residue. 296 C. Commercial Recycling Collection Service "Commercial Recycling Collection 297 Service' means the Collection of Recyclable Materials, by Contractor, from Commercial Service Units in 298 the Service Area, the delivery of those Recyclable Materials to a Materials Recovery Facility and the 299 processing and marketing of those Recyclable Materials, and the disposal of all Commercial Recyclable 300 Materials Processing Residue. 301 1.34 Compactor. "Compactor" means any Collection Container which has a compaction 302 mechanism, whether stationary or mobile. 303 1.35 Compost. "Compost" means the act or product of the controlled biological decomposition 304 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 305 include the product of anaerobic digestion or other conversion technologies. 306 1.36 Construction and Demolition Debris. "Construction and Demolition Debris' means 307 discarded materials removed from premises, resulting from construction, renovation, remodeling, repair, 308 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or DRAFT AGREEMENT.V1 Page 9 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 309 from landscaping. Such materials include but are not limited to "inert wastes" as defined in Public Resources 310 Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, 311 gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants 312 of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, 313 packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations 314 on pavements, houses, commercial buildings, and other structures. 315 1.37 Consumer Price Index (CPI). "Consumer Price Index' means the index sets published by 316 the Unites States Department of Labor, Bureau of Labor Statistics. Consumer Price Index series 317 CUSROOOOSEHG, water and sewer and trash collection services in U.S. city average, all urban consumers, 318 seasonally adjusted. 319 1.38 Container. "Container' means a Collection Container. 320 1.39 Contaminant. "Contaminant" means any material or substance placed into or found in a 321 Collection Container other than the type of Source Separated material for which that Collection Container is 322 intended or reserved. For example, anything that is not Recyclable Materials is a Contaminant if placed into 323 or found in a Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a 324 Contaminant if placed into or found in an Organic Waste Collection Container. 325 1.40 Contractor. "Contractor' means Consolidated Disposal Services, L.L.C. d/b/a Republic 326 Services, which has entered into this Agreement. 327 1.41 County. "County" means Los Angeles County, California. 328 1.42 Customer. "Customer" means the owner, occupant or user of premises at which MSW or 329 recyclable materials are generated and then collected by Contractor. Customers include Residential 330 Customers, Multifamily Customers, and Commercial Customers. City is also a receiver of Collection Services 331 but not a Customer. 332 1.43 Dispose or Disposal. "Disposal" or "Dispose" means the final disposition of Solid Waste at 333 a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources 334 Code 40192(b). 335 1.44 Disposal Facility. "Disposal Facility" means the place or places listed in Exhibit 9 as 336 City -approved locations for the Disposal of Garbage or other materials as appropriate and acceptable. 337 1.45 Diversion or Divert. "Diversion" or "Divert" means the programs and activities that reduce 338 or eliminate the Disposal of Solid Waste in landfills, which can include source reduction, reuse, salvage, 339 Recycling, and Composting. 340 1.46 Diversion Compliance. "Diversion Compliance' means Compliance with Diversion 341 requirements under the Act and applicable CalRecycle regulations. Should there be a Change in Law for 342 Diversion Compliance, Contractor may request a rate adjustment pursuant to Section 30.01.1. DRAFT AGREEMENT.V1 Page 10 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 343 1.47 Dwelling Unit. "Dwelling Unit' means a building or part of a building designed for residential 344 use by a single independent housekeeping unit and having separate exterior access, toilet, and facilities for 345 cooking and sleeping. 346 1.48 Edible Food. "Edible Food" has the same meaning as found in Section 8.32.020 of the 347 Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement, 348 Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or 349 authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food 350 Code. 351 1.49 Edible Food Recovery. "Edible Food Recovery" means the actions to collect and distribute 352 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 353 to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 354 facilities. 355 1.50 Effective Date. "Effective Date of Agreement' shall mean the date on which the Agreement 356 is signed by the duly authorized representatives and the parties and delivered by the last of the parties to sign 357 and deliver. 358 1.51 Electronic Waste (E -Waste). "E -Waste" means electronic equipment such as stereos, 359 televisions, computers, and other similar items collected from SFD Service Units. 360 1.52 Exempt Waste. "Exempt Waste' means "Excluded Waste' as defined in Section 8.32.020 361 of the Municipal Code and Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, automobiles, 362 automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead -acid batteries, dead 363 animals, and those wastes under the control of the Nuclear Regulatory Commission. 364 1.53 Food Waste "Food Waste' means (1) food scraps including all edible or inedible food such 365 as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, 366 cheese, coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are 367 Source Separated from other Food Scraps, and (2) food -soiled paper, which is compostable paper material 368 that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper 369 coffee cups, napkins, and pizza boxes. 370 1.54 Reserved. 371 1.55 Franchise Fee. "Franchise Fee' means the fee stated in Section 4.03.1 of this Agreement 372 that Contractor has voluntarily agreed to pay in consideration of the exclusive rights granted by the City under 373 this Agreement. 374 1.56 Garbage. "Garbage' means all putrescible and non-putrescible solid, semi-solid and 375 associated liquid waste generated or accumulated through the normal activities of a premises. Garbage does 376 not include Recyclable Materials, Organic Waste, or Bulky Waste, that is source -separated and set out for 377 purposes of collection and recycling. DRAFT AGREEMENT.V1 Page 11 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 378 1.57 Green Waste. "Green Waste" means grass clippings, leaves, landscape and prunings 379 waste, wood materials from trees and shrubs, and other forms of organic materials generated from 380 landscapes or gardens. 381 1.58 Gross Revenue. "Gross Revenue' means all monetary amounts actually collected or 382 received by Contractor for the provision of Integrated Solid Waste Handling Services pursuant to this 383 Agreement, including but not necessarily limited to: all receipts from Service Recipients, inclusive of late 384 charges, contamination charges, Franchise Fees or any other cost of doing business. "Gross Revenue', for 385 purposes of this Agreement, does not include any fee or charge levied by the City directly on Service 386 Recipients to mitigate costs incurred by City which is billed, collected and remitted to City by Contractor, or 387 revenues generated from the sale of Recyclable Material, Compost or energy, grants, cash awards, State of 388 California Department of Conservation payments, or rebates resulting from the performance of this 389 Agreement. 390 1.59 Hazardous Waste. "Hazardous Waste' has the same meaning as set forth in Section 391 8.32.020 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of 392 Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as 393 may be amended from time to time. 394 1.60 Holiday. "Holiday" means New Year's Day, President's Day, Memorial Day, Independence 395 Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day recognized by 396 resolution of the City Council as a day on which waste Collection Service will not be provided until the following 397 day, excluding Sunday. 398 1.61 Home Compost Bin. "Home Compost Bin" means a portable durable container purchased 399 by the Contractor, and distributed to SFD or MFD/MXD Service Recipients as requested, and stored and 400 distributed by the Contractor to SFD or MFD/MXD Service Recipients for use by those Service Recipients to 401 compost Organic Waste at their premises. 402 1.62 Household Hazardous Waste. "Household Hazardous Waste" means that waste resulting 403 from products purchased by the general public for household use which, because of its quantity, concentration 404 or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human 405 health or the environment when improperly treated, disposed or otherwise managed, or, in combination with 406 other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any of the characteristics 407 of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, 408 Chapter 11, Section 66261.3. 409 1.63 Integrated Solid Waste Handling Services. "Integrated Solid Waste Handling Services' 410 means the collection of Garbage, Recyclable Materials, and Organic Waste within the corporate limits of City; 411 the transportation of such material to appropriate places for processing, recycling, composting and/or 412 disposal; and the processing of materials. DRAFT AGREEMENT.V1 Page 12 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 413 1.64 Kitchen Food Waste Pail. "Kitchen Food Waste Pail' means a plastic receptacle with a 414 rated capacity not exceeding two and one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD 415 Service Unit for temporary storage of SFD Organic Waste that is approved for such purpose by City. 416 1.65 Manure. "Manure" means stable bedding and other waste matter normally accumulated 417 and associated with stables or in livestock. 418 1.66 Materials Recovery Facility. "Materials Recovery Facility (MRF)" means a facility listed in 419 Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for 420 separation into marketable Recyclable Materials. 421 1.67 Maximum Service Rate. "Maximum Service Rates' means the maximum amount that 422 Contractor may charge Service Recipients for Integrated Solid Waste Handling Services, as listed in Exhibit 423 1, and as may be adjusted in accordance with the provisions of this Agreement. 424 1.68 Mixed Waste Processing Facility. "Mixed Waste Processing Facility' means a State - 425 permitted commercial Solid Waste facility listed in Exhibit 9 which accepts and processes Unicycling for 426 diversion from landfill disposal. The City reserves its Flow Control Rights over the Mixed Waste Processing 427 Facility. 428 1.69 Multi -Family Dwelling (MFD) Collection Service "Multi -Family Dwelling (MFD) Collection 429 Service" means MFD Solid Waste Collection Service serves a Multi -Family Dwelling, and specifically includes 430 the following, MFD Garbage Collection Service, MFD Bulky Item Collection Service, MFD Organic Waste 431 Collection Service, and MFD Recycling Service: 432 A. MFD Garbage Collection Service. "MFD Garbage Collection Service' means the 433 Collection of Garbage, by Contractor, from MFD Service Units in the Service Area and the delivery of that 434 Garbage to a Disposal Facility. 435 B. MFD Bulky Waste Collection Service. "MFD Bulky Waste Collection Service' 436 means the periodic on-call Collection of Bulky Waste , by Contractor, from MFD Service Units in the Service 437 Area and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or such other 438 facility as may be appropriate under the terms of this Agreement. MFD Bulky Waste Collection Service may 439 include the Collection of Bulky Waste using Roll -Off Containers. 440 C. MFD Organic Waste Collection Service. "MFD Organic Waste Collection Service" 441 means the Collection of Organic Waste, by Contractor, from MFD Service Units in the Service Area, the 442 delivery of those Organic Waste materials to an Organic Waste Processing Facility and the processing and 443 marketing of those Organic Waste materials, and the disposal of all MFD Organic Waste Processing 444 Residue. 445 D. MFD Recycling Service. "MFD Recycling Service" means the Collection of 446 Recyclables Materials by the Contractor from MFD Service Units in the Service Area, the delivery of those 447 Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable 448 Materials, and the disposal of all MFD Recyclables Materials Processing Residue. DRAFT AGREEMENT.V1 Page 13 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 449 1.70 Municipal Code. "Municipal Code" means the City of Rosemead Municipal Code. 450 1.71 Non -Collection Notice. "Non -Collection Notice' means a written notice approved by the 451 Agreement Administrator that notifies a Service Recipient of the reason Contractor did not Collect Solid Waste 452 set out for Collection. 453 1.72 Organic Waste. "Organic Waste' has the same meaning as set forth in Section 8.32.020 454 of the Municipal Code and means Food Waste, Green Waste, Wood Waste, and food -soiled paper waste that 455 is mixed in with Food Waste. 456 1.73 Orqanic Waste Collection Service. "Organic Waste Collection Service' means the 457 Collection of Organic Waste from Service Units and processing at an Organic Waste Processing Facility, and 458 the disposal of all Organic Waste Processing Residue. 459 1.74 Organic Waste Processing Facility. "Organic Waste Processing Facility" means any facility 460 designed, operated and legally permitted for the purpose of receiving and processing Food Waste, Green 461 Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility 462 for the Contractor to deliver Collected Organic Waste material under this Agreement. 463 1.75 Overage. "Overage' means Solid Waste set out for Collection either on top of or outside of 464 a Container or in any manner that prevents the Container lid from completely closing or potentially cause 465 Solid Waste to spill during Collection by Contractor's vehicles. 466 1.76 Premises. "Premises" means any land or building in the City where waste is generated or 467 accumulated. 468 1.77 Prohibited Container Contaminants. 'Prohibited Container Contaminants" means any of 469 the following but does not include Organic Waste specifically allowed for Collection in a Container that is 470 required to be transported to a high diversion organic waste processing facility if the waste is specifically 471 identified as acceptable for Collection in that Container in a manner that complies with the requirements of 472 14 CCR Section 18984.1, 18984.2, or 18984.3. (A) Non -Organic Waste placed in a Collection Container 473 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic Wastes 474 that are, carpet, hazardous wood waste, or non-compostable paper placed in the Collection Container that is 475 part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 or 18984.2; (C) 476 Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to 14 CCR Section 477 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container designated for Organic 478 Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection Container designated for 479 Recyclable Materials shall be considered Prohibited Container Contaminants when those wastes were 480 specifically identified in this Agreement, or through local ordinance for Collection in the Container designated 481 for Organic Waste, or mutually agreed to and promulgated by the City and Contractor. Paper products, 482 printing and writing paper, wood and dry lumber may be considered acceptable and not considered Prohibited 483 Container Contaminants if they are placed in Collection Container designated for Recyclable Materials; and 484 (E) Exempt Waste placed in any Collection Container. DRAFT AGREEMENT.V1 Page 14 of 185 RIV #4862-7000-7618 vt DRAFT 5/2/2023 485 1.78 Quarter. "Quarter" means a three-month period during a calendar year. The first Quarter is 486 January through March. The second Quarter is April through June. The third Quarter is July through 487 September. The fourth Quarter is October through December. 488 1.79 Rate Year. "Rate Year' means the period July 1s' to June 30th, for each year during the 489 Term of this Agreement, except the first year which begins on August 1, 2023. 490 1.80 Recyclable Materials. "Recyclable Materials" means those materials that are separated 491 from Solid Waste prior to disposal to be recycled consistent with the requirements of the Act. Recyclable 492 Materials that can be placed in the Recycling Container are listed in Exhibit 12, and any other items as 493 determined by the Agreement Administrator. 494 1.81 Recycling. "Recycling" means the process of collecting, sorting, cleansing, treating and/or 495 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 496 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality 497 standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste 498 not intended for, or capable of, reuse is not Recycling. "Recycling" does not include transformation as defined 499 in Public Resource Code Section 40201. 500 1.82 Residential Collection Service."Residential Collection Service" means ongoing regularly 501 scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD 502 Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics 503 Processing Facility. 504 1.83 Residential Premises. "Residential Premises' means: (i) any building or structure, or 505 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and 506 (ii) any multiple unit residential complex which, with the prior written approval of the City Manager, receives 507 Integrated Solid Waste Handling Services using standard residential Containers. 508 1.84 Residual or Residuals. "Residual" or "Residuals" means Solid Waste that is not Diverted 509 from landfill Disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables 510 Processing Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable 511 Materials or Organic Material that is processed for Diversion but lacks an available market. 512 1.85 Roll -Off Container. "Roll -Off Container" means a metal container with a capacity of ten (10) 513 or more cubic yards that is normally loaded onto a specialized Collection vehicle and transported to an 514 appropriate facility. 515 1.86 SB 1383. "SB 1383" means State of California Senate Bill 1383 Short-lived Climate 516 Pollutants: Organic Waste Reductions, approved September 19, 2016. 517 1.87 Self -Haul. "Self -Haul" means collection of Solid Waste by the resident, owner, or occupant 518 of the Premises on which the Solid Waste was generated pursuant to a City -issued permit and in accordance 519 with the requirements of the Municipal Code. DRAFT AGREEMENT.V1 Page 15 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 520 1.88 Service Area. "Service Area" means that area within the city limits of the City of Rosemead 521 designated by City as the Service Area. 522 1.89 Service Recipient. "Service Recipient" means an individual or entity receiving Collection 523 Service. 524 1.90 Service Unit. "Service Unit" means a single subscriber to Contractor's Integrated Solid 525 Waste Handling Services. SFD Service Units, MFD Service Units, MXD Service Units, City Service Units or 526 Commercial Service Units. Service Unit specifically includes the following: 527 A. City Service Unit. "City Service Unit" means a City Facility(ies) that utilize a Bin, 528 Cart, or Roll -Off Container(s) for the accumulation and set -out of Solid Waste. City Service Units are the 529 properties set forth in Exhibit 3 and may be modified by written notice to Contractor by the City. 530 B. Commercial Service Unit. "Commercial Service Unit" means all retail, 531 professional, wholesale and industrial facilities, and other commercial enterprises offering goods or 532 services to the public that utilize a Garbage Bin, Cart, Compactor, Roll -Off Container for the 533 accumulation and set -out of Commercial Solid Waste. 534 C. Multi -Family Dwelling and MFD Service Unit "Multi -Family Dwelling" and "MFD" 535 shall mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof, 536 used for residential purposes having five (5) or greater distinct living units. 537 D. MXD (Mixed-use Development) Service Unit. "MXD (Mixed-use Development) 538 Service Unit" means a mix of Commercial Service Units and five (5) or greater Dwelling Units in the 539 Service Area utilizing any combination of Collection Containers for the accumulation of and set out of 540 Solid Waste. 541 E. SFD Service Unit. "SFD Service Unit" means any Single -Family Dwelling Unit in 542 the Service Area utilizing a Cart for the accumulation and set out of Solid Waste originating from SFD 543 Residential Premises. 544 1.91 SFD Collection Service. "SFD Collection Service" means SFD Garbage Collection Service, 545 SFD Recycling Service, SFD Organic Waste Collection Service, and SFD Bulky Item Collection Service. 546 A. SFD Garbage Collection Service. "SFD Garbage Collection Service" means the 547 Collection of Garbage, by Contractor, from SFD Service Units in the Service Area and the delivery of that 548 Garbage to a Disposal Facility. 549 B. SFD Bulky Waste Collection Service. "SFD Bulky Waste Collection Service' means 550 the periodic on-call Collection of Bulky Waste , by Contractor, from SFD Service Units in the Service Area 551 and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or other such 552 facility as may be appropriate under the terms of this Agreement. SFD Bulky Waste Collection Service 553 does not include the Collection of Bulky Waste using Roll -Off Containers. 554 C. SFD Organic Waste Collection Service. "SFD Organic Waste Collection Services" 555 means the Collection of Organic Waste, by Contractor, for SFD Service Units in the Service Area, the 556 delivery of those Organic Waste Materials to an Organic Waste Processing Facility and the processing DRAFT AGREEMENT.V1 Page 16 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 557 and marketing of those Organic Waste materials, and the disposal of all SFD Organic Waste Processing 558 Residual. 559 D. SFD Recycling Service. "SFD Recycling Service" means the Collection of 560 Recyclable Materials, including dry cell household batteries when set out by the Service Recipient in heavy 561 duty plastic bags and placed on the Recycling Cart, by the Contractor from SFD Service Units in the 562 Service Area, the delivery of those Recyclable Materials to a Materials Recovery Facility and the 563 processing and marketing of those Recyclable Materials. 564 1.92 Single-family Dwelling or SFD. "Single-family/duplex dwelling' or "SFD" means any 565 residential premises with fewer than five (5) units single attached dwelling units, each designed for use by 566 one bona fide housekeeping group. 567 1.93 Sludge. "Sludge' means the accumulated solids, residues, and precipitates generated as 568 a result of waste treatment or processing, including wastewater treatment, water supply treatment, or 569 operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease 570 traps, privies, or similar disposal appurtenances or any other such waste having similar characteristics or 571 effects. 572 1.94 Solid Waste. "Solid Waste' means all putrescible and non-putrescible solid, semisolid, and 573 liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 574 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 575 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or 576 animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California 577 Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes Recyclable 578 Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant to the Health 579 and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety 580 Code Section 117600 et seq. 581 1.95 Source Separated. "Source Separated" means materials that have been kept separate in 582 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order 583 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted 584 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 585 in 14 CCR Section 17402.5(b)(4). 586 1.96 SRRE (Source Reduction and Recycling Element). 'SRRE" means a formal planning 587 document that demonstrates how the City will comply with the Act's diversion goals. 588 1.97 Term. "Term' means the time period or duration which the Agreement is in effect. 589 1.98 Transfer Station. "Transfer Station" means the place or places listed in Exhibit 9 as City - 590 approved locations conveyance of Solid Waste Collected by Contractor into larger vehicles prior to 591 transportation of the Solid Waste to a Disposal Facility or Processing Facility. DRAFT AGREEMENT.V1 Page 17 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 592 1.99 Unicycling. "Unicycling" means a method of separating trash and recyclable materials in a 593 single Collection Container. Trash materials are collected in bags and deposited into the Collection Container 594 and recyclable materials are deposited into the Collection Container loose and unbagged. 595 1.100 Universal Waste or U -Waste. "U -Waste" means electronic devices, dry -cell batteries, non - 596 empty aerosol cans, fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury 597 containing equipment. 598 1.101 Waste. "Waste' means the useless, unused, unwanted or discarded material and debris 599 resulting from normal residential and commercial activity or materials which, by their presence, may injuriously 600 affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof. 601 1.102 Waste Generator. "Waste generator" means any person, as defined by the most current 602 version of the Public Resources Code, whose act or process produces solid waste as defined in that same 603 code, or whose act first causes solid waste to become subject to regulation. 604 1.103 Waste Reporting System (WRS) "Waste Reporting System" means the electronic data 605 recording and reporting system that Contractor uses to provide data and reports that this Agreement requires 606 Contractor to give to the City. 607 1.104 White goods. "White goods" means enamel -coated major appliances, such as washing 608 machines, clothes dryers, hot water heaters, stoves, and refrigerators. 609 1.105 Work Day. "Work Day' means any day, Monday through Saturday, that is not a Holiday as 610 set forth in Section 5.03 of this Agreement. 611 1.106 Wood Waste. "Wood waste' means Solid Waste consisting of stumps, large branches, tree 612 trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 613 products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. M Article 2. Term of Agreement 615 2.01 Term of Agreement. The term of this Agreement will be fora ten (10) year period beginning 616 August 1, 2023 and terminating on June 30, 2033. Contractor shall commence performance of its Collection 617 Service obligations under this Agreement on August 1, 2023 ("Commencement Date'). DRAFT AGREEMENT.V1 Page 18 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 618 Article 3. Conditions Governing Services Provided by Contractor 619 3.01 Grant of Exclusive Agreement City hereby grants to Contractor, on the terms and 620 conditions set forth herein including the limitations set forth in sections 3.02 and 3.03, the exclusive franchise, 621 right and privilege to collect, remove and dispose of, in a lawful manner, Solid Waste, Recyclable Materials, 622 and Organic Materials accumulating in the City's Service Area that are required to be accumulated and offered 623 for collection to the Contractor in accordance with the City's Municipal Code, for the Term of and within the 624 scope set forth in this Agreement. 625 3.02 Recyclable Materials Orqanic Waste and Bulky Waste Discarded by Service Recipients. 626 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving 627 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either 628 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with 629 other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for collecting, 630 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price 631 for collection, disposal and/or recycling services for any form of un -segregated or segregated Solid Waste is 632 not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify for 633 this exception. However, once the Recyclable Materials or Organic Waste have been placed in the Collection 634 Container and the Container set out for Collection, the Recyclable Materials or Organic waste become the 635 property of Contractor. 636 3.03 Exclusions to Exclusivity. 637 3.03.1 Specialized Recyclable Materials If Contractor is unable or unwilling to Collect and 638 process for diversion specialized materials, including, but not limited to, Organic Waste, metals, Construction 639 and Demolition Debris, laboratory waste, pallets and others, and which a third party is able to re -use or 640 Recycle, Service Recipients shall have the right to engage the third -party recycler to collect and Recycle 641 those Source -Separated Recyclable Materials provided that the diversion is verified by the City. 642 3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a 643 Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell 644 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to the 645 Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 646 3.03.3 Byproducts of Food and Beverage Processing Under AB 3036 (2018), certain 647 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 648 do not include animal, including fish, processing byproducts, they are Source -Separated, they are not 649 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or 650 reduction in price for collecting, processing, or transporting such material), and they are used as animal feed, 651 are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to the 652 City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code, or 653 be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer 654 manufacturer as defined in Section 23012 of the Business and Professions Code, or a distilled spirits 655 manufacturer, as defined in Section 23015 of the Business and Professions Code. DRAFT AGREEMENT.V1 Page 19 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 656 3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Bulky Waste which 657 is Source Separated at any premises by the waste generator and donated to youth, civic or charitable 658 organizations qualified as such pursuant to Federal law. 659 3.03.5 Gardening or Landscape Services. Green Waste removed from a premises by a 660 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 661 company rather than as a hauling service. 662 3.03.6 Self -haul. Service Recipients may choose to self -haul Solid Waste to Disposal or 663 Processing Facilities, to the extent authorized by the Municipal Code.. 664 3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 665 and collection of payments for Integrated Solid Waste Handling Services within the Service Area. 666 Article 4. Franchise Fees and Payments 667 4.01 Contractor's Payments to City. The Parties agree that all fees and any payments owed by 668 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid 669 consideration for the rights and privileges granted to Contractor under this Agreement. 670 4.02 Reimbursement for the Cost of Procurement/Negotiation Process. Contractor shall 671 reimburse the City a one-time fee for the cost of the Franchise Agreement solicitation, evaluation, negotiation 672 and award process in an amount of Two Hundred Five Thousand dollars and no cents ($205,000.00) due 673 and payable on the thirty (30) day after the Effective Date of the Agreement. 674 4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and 675 payable on the last day of the month following the end of each Quarter for which the Integrated Solid Waste 676 Handling Services were provided; first such payment being due on October 31, 2023. The City Council may 677 adjust the Quarterly Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as a 678 City -directed change in accordance with Section 30.01. The Quarterly Fees shall be accompanied at the time 679 of payment by a written report, in a format acceptable to the City, setting forth the calculations Contractor 680 used to determine the amount due and the basis for those calculations. Figures used in the report shall be 681 taken from Contractor's general books of account, and Contractor shall retain all supporting documentation 682 in accordance with the records retention requirements in Section 22.01. 683 4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to ten 684 percent (10%) of the Gross Revenue received by the Contractor from Integrated Solid Waste Handling 685 Services provided in the City pursuant to this Agreement. The amount of the Franchise Fee may be adjusted 686 by mutual agreement of the City and Contractor through a written amendment to this Agreement. In the 687 event that the City and Contractor agree to an adjustment to the amount of the Franchise Fee during the 688 term of this Agreement, Contractor may, in its sole discretion, include an amount equal to the adjustment in 689 compensation via payment of Maximum Service Rates by Service Recipients as set forth in Article 6 and 690 Exhibit 1. DRAFT AGREEMENTNII Page 20 of 185 RIV #4862-7000-7618 vi DRAFT 5/2/2023 691 4.04 Annual Fees and Payments. On each anniversary of the Commencement Date, each of 692 the annual fees and payments shall increase by the same percentage that the Maximum Service Rate 693 increases for that same Calendar Year. 694 4.04.1 SB 1383 Fees and Payments. The SB 1383 annual fees and payments of Two 695 Hundred Sixty Five Thousand Dollars ($265,000) shall be due and payable on August 1 of each calendar 696 year, the first such payments being due on August 1, 2023. City reserves the right to adjust this fee from 697 time to time. 698 4.04.2 Mitigation Fees and Payments. The City hereby reserves the right to adopt and levy 699 a fee to mitigate any unreimbursed cost of administering the Agreement, or costs incurred by City to 700 ameliorate impacts from Integrated Solid Waste Handling Services on the City, whether from negative 701 impacts to aesthetics, noise, pollution, contamination or other reasonable and necessary costs incurred by 702 City related to Integrated Solid Waste Handling Services. In the event a mitigation fee is adopted by City in 703 compliance with California Constitution Article XIII D (Proposition 218) or other Applicable Law, then 704 Contractor shall include such fee in its monthly billing beginning in July or such other date as agreed upon 705 by the Parties, and Contractor shall collect such fee and remit the amount to City monthly thereafter. City 706 reserves the right to adjust this fee from time to time. 707 4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article 708 without prior notice or demand and without abatement, deduction, offset or credit in lawful money of the United 709 States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in which 710 case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post -marked 711 on or before the due date. If hand -delivered, Contractor must request and receive a date-stamped receipt 712 from the City by 5:00 p.m. on the due date. 713 4.06 Late Payments. In the event Contractor fails to pay the City any amounts owed under this 714 Article on or before the applicable due date, then in addition to the amounts already owed, Contractor shall 715 pay a penalty as specified in Exhibit 6, except to the extent that such lateness is due to extenuating 716 circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5) 717 Business Days prior to the date on which fees are due, and the request must be accompanied by a written 718 explanation of the extenuating circumstances and adequate supporting documentation. The City shall not 719 unreasonably withhold its approval and shall notify Contractor within three (3) business days of receiving the 720 request whether and to what extent the request has been approved. 721 4.06.1 Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or 722 assessed upon or in respect of the operating assets or the Integrated Solid Waste Handling Services, or 723 upon any part thereof of upon any revenues necessary for the operation of the operating assets and the 724 provision of the Integrated Solid Waste Handling Services, when the same shall become due. 725 4.06.2 Franchise Fee Disputes. In the event of any disputes between the Contractor and 726 the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written 727 objection within 180 days of the receipt of the written report described in Section 4.03, encompassing the 728 dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of the DRAFT AGREEMENT.V1 Page 21 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 729 report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any such 730 dispute. 731 4.07 In the event any City imposed fee is determined by a court to be excessive, invalid or 732 unenforceable (hereinafter "CIF"), then: (i) Contractor shall not charge or collect the future portion of such 733 CIF; (ii) to the extent the Customers are entitled to a reimbursement of any portion of such CIF, and City is 734 required to reimburse Contractor in the amount of such CIF previously remitted to City, thereafter, Contractor 735 shall directly reimburse all Customers entitled to reimbursement in the amount attributable to each Customer 736 account. In no event shall Contractor retain any portion of the fees reimbursed by City; (iii) to the extent the 737 Customers are entitled to a reimbursement of such CIF, and City is required by a court to directly reimburse 738 Customers, Contractor shall assist City in identifying all Customers entitled to a reimbursement, quantifying 739 the reimbursement amount attributable to each Customer account, and obtaining and providing to City any 740 other information needed to satisfy the obligations imposed by a court; and (iv) City and Contractor will, within 741 thirty (30) days following such court decision meet and confer to negotiate in good faith and using reasonable 742 efforts to attempt to agree on modifications to the Agreement. 743 Article 5. General Requirements 744 5.01 Service Standards. Contractor must perform all Integrated Solid Waste Handling Services 745 under this Agreement in a thorough and professional manner as described in Article 25, while meeting the 746 minimum performance and diversion standards listed in Article 17 according to the Sustainability and 747 Compliance Plan (Exhibit 10) developed by the Contractor and approved by the City. 748 5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 749 facilities, and personnel supervision required for the performance of Contractor's obligations under this 750 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor's 751 obligations under this Agreement. No compensation for Contractor's services or for Contractor's supply of 752 labor, equipment, tools, facilities or supervision will be provided or paid to Contractor by City or by any Service 753 Recipient except as expressly provided by this Agreement. 754 5.03 Holiday Service, The City observes New Year's Day, President's Day, Memorial Day, 755 Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day as legal holidays. 756 Contractor is not required to provide Integrated Solid Waste Handling Services or maintain office hours on 757 the designated holidays. In any week in which one of these holidays falls on a Work Day, SFD Collection 758 Services for the holiday and each Work Day thereafter will be delayed one Work Day for the remainder of the 759 week with normally scheduled Friday SFD Collection Services being performed on Saturday. Commercial 760 Collection Services will be adjusted as set forth in Article 12 but must meet the minimum frequency 761 requirements of one (1) time per week. Integrated Solid Waste Handling Services will not take place on 762 Sundays, unless previously authorized by the Agreement Administrator. 763 5.04 Inspections. The City has the right to inspect Contractor's facilities or Collection Vehicles 764 and their contents used to provide services pursuant to this Agreement at any reasonable time while operating 765 inside or outside the City without advance notice to the Contractor. DRAFT AGREEMENT.V1 Page 22 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 766 5.05 Commingling of Materials. 767 5.05.1 SFD Materials Collected in Rosemead. Contractor may not at any time commingle 768 any SFD materials Collected pursuant to this Agreement with any other material Collected by Contractor 769 inside or outside the City of Rosemead without the express prior written authorization of the Agreement 770 Administrator, 771 5.05.2 Commercial Garbage Materials Collected in Rosemead Contractor may commingle 772 Commercial garbage materials collected pursuant to this Agreement with other materials collected outside 773 the City of Rosemead, provided that Contractor tracks the tonnage of Commercial material collected inside 774 the City of Rosemead separately using a City -approved allocation methodology. Changes to the allocation 775 methodology may only be made with the express prior written authorization of the Agreement Administrator. 776 5.05.3 Recyclable Materials. Subject to Sections 10.08.2 and 12.04.4, Contractor may not 777 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with 778 any other material type Collected by Contractor without the express prior written authorization of the 779 Agreement Administrator. 780 5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at any 781 time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with any other 782 material type Collected by Contractor, without the express prior written authorization of the Agreement 783 Administrator. 784 5.05.5 Commingled Garbage and Recyclables. Only in special circumstances in which 785 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 786 authorization of the Agreement Administrator, Contractor may Collect Commercial Garbage and Recyclable 787 Materials in the same Collection Container, using a Split -bin or Unicycling, for the purposes of processing 788 Recyclable Materials for diversion. 789 5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service 790 Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the minimum 791 bundled service requirements as necessary, that matches their unique service needs to reduce contamination 792 of Recyclable Materials and Organic Waste, and provide service at least cost to Service Recipient. To support 793 City's diversion goals and Contractor's Diversion Requirements as set forth in Section 8.02, Contractor is only 794 required to collect and process Recyclable Materials if they have been separated by the Service Recipient 795 from Garbage and Organic Waste and will only be required to collect Organic Waste if it has been Source 796 Separated by the Service Recipient from Garbage and Recyclable Materials. 797 As part of Contractor's Public Education Services under Section 20.02, Contractor has agreed to provide 798 outreach and support to Service Recipients as described in the Contractor's Sustainability and Compliance 799 Plan provided as Exhibit 10 and Outreach and Education Plan provided as Exhibit 11. Additionally, 800 Contractor's route collection personnel will report to Contractor's supervisors if they observe potential 801 contamination problems, and/or insufficient collection capacity. For purposes of determining if Recyclable 802 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable 803 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, by DRAFT AGREEMENT.V1 Page 23 of 185 RIV #4862-7000-7618 vi DRAFT 5/2/2023 804 visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or Recyclable 805 Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated and 806 Contractor may take the following steps: 807 5.07 Violations by Service Recipients. The following provisions will apply to all Commercial, 808 MFD, MXD, and SFD Service Recipients. 809 5.07.1 First and Second Occurrence. For the first and second occurrence within any rolling 810 12 -month period of contamination for a particular container (i.e., Recyclable Materials or Organic Waste), 811 Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination 812 Violation Notice to the contaminated container which contains instructions on the proper procedures for 813 sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, 814 e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of excess 815 contamination, the Service Recipient may be charged a contamination fee for the contaminated container, 816 and Contractor may increase the Collection Container size, or require an additional Collection Container. 817 Contractor's representative must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person 818 (which may be a container tag) to ensure that they have the appropriate level of service for proper collection 819 of Recyclable Materials and/or Organic Waste. Contractor must also document the contamination issue in 820 the Waste Reporting System provide digital1visual documentation to the Service Recipient that clearly 821 documents the Service Recipient's on-going contamination problems. 822 5.07.2 Third Occurrence. For the third or subsequent occurrence within any rolling 12- 823 month period of contamination for a particular container (i.e., Recyclable Materials or Organic Waste), 824 Contractor must collect the contaminated Container (as Solid Waste) and must charge the Service Recipient 825 a contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable Materials or 826 Organic Waste Collection Services. Contractor must provide (or have provided) digital/photographic 827 documentation to the Service Recipient that clearly documents the Service Recipient's on-going 828 contamination problems and written Notices of contamination as described above. Contractor may increase 829 the Container size or collection frequency and impose a contamination surcharge on the account for a period 830 of six months or until the Service Recipient has demonstrated no contamination for a period of three 831 consecutive months. Contractor must document contamination issue and surcharge in Waste Reporting 832 System and notify City within five (5) Business Days if Contractor increases the Container size or collection 833 frequency for excessive contamination or imposes the contamination surcharge to the account. City will 834 consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against offending 835 Service Recipients to secure discontinuance of the contamination. 836 5.08 Tracking Occurrences of Contamination Regarding Section 5.07, each Contamination 837 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if 838 contamination occurrences are not active and consecutive. Where contamination is occurring, and 839 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy 840 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three 841 consecutive months the tracking calendar will reset. DRAFT AGREEMENT.V1 Page 24 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 842 5.09 Disputes Over Excess Contamination Charges If Service Recipient disputes a 843 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily halt 844 any contamination charge and/or increased Maximum Service Rate resulting from increasing the Collection 845 Container size, or collection frequency, and Contractor may request a ruling by the City Manager to resolve 846 the dispute. During the pendency of any request, Contractor may restore Container size or number, or 847 collection frequency to the prior levels. A request by Contractor to the City Manager to rule on any such 848 dispute must be filed within ten (10) Business Days of Contractor's halting of contamination charge, or 849 increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 850 overall problems. The City Manager may request a meeting (in person or phone) with both the Service 851 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the 852 dispute within ten (10) Business Days, and the City Manager's decision on resolving the dispute between and 853 Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will credit 854 the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in favor 855 of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or 856 increased Maximum Service Rate resulting from increasing the Collection Container size or collection 857 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts. 858 5.10 Container Overage and Correction Procedures. If a Customer is found to habitually 859 overflow their Collection Container(s), i.e., lid will not close, and/or material not contained within Container 860 Contractor may take the steps as listed below to correct Customers' on-going overflow of material. All 861 customers will be notified of Collection Overages. Contractor shall notify the City regarding Commercial, 862 MFD, and MXD customers that habitually overflow their Containers so that the City can take appropriate 863 action with such customers to secure discontinuance of the overages. 864 5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the 865 correct combination of Collection Containers and collection frequency that matches each Service Recipient's 866 unique service needs to enable clean, efficient, and cost-effective collection of Solid Waste, Recyclable 867 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in 868 the Service Recipient's Solid Waste Collection Containers negatively impacts public health and safety. 869 Contractor has also agreed to conduct recycling audits and provide outreach and support to Service Recipient 870 accounts receiving the correct service level. However, if Service Recipients are found to habitually overflow 871 their Solid Waste Collection Containers, Contractor may take the steps as listed below to correct Service 872 Recipient's on-going overflow of Solid Waste. 873 5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements 874 with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged, 875 and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in 876 Exhibit 1. 877 5.13 No Prior Arrangements. If the Service Recipient has not made prior arrangements with 878 Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at no 879 additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a Non - 880 Collection Notice explaining the reason for non -collection of the Solid Waste Overage, (iii) Contractor may 881 Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste Overage DRAFT AGREEMENT.V1 Page 25 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 882 fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or frequency 883 of Collection of the existing Collection Container(s) to match documented service needs as provided below. 884 In managing Solid Waste Overages, the following apply: 885 5.13.1 SFD Service Recipients — Each Occurrence. For each occurrence Contractor will 886 not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating 887 procedures or cause spillage upon servicing and Contractor must provide the following written notice via e- 888 mail, U.S. mail, or in person (which may be by Non -Collection Notice) to the Service Recipient: (i) the date, 889 description and photograph of the Solid Waste Overage and document in the Waste Reporting System. 890 Contractor's Non -Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to 891 schedule a Bulky Item Collection or (b) request an additional Collection Container to eliminate future 892 Overages. 893 5.13.2 Commercial and MFD/MXD Service Recipients — Each Occurrence Contractor 894 must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail, or 895 in person (which may be by Non -Collection Notice) to the Service Recipient with the date, description and 896 photograph of the Solid Waste Overage. Contractor may collect the Solid Waste Overage and may charge 897 the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1, and increase the capacity, or 898 collection frequency of the Collection Container to match documented service needs. At least ten (10) 899 Business Days prior to increasing the Collection Container size, or frequency of Collection, Contractor's 900 representative must also contact the Service Recipient by phone, U.S. mail, e-mail or in person (which may 901 be by Non -Collection Notice) to ensure that Service Recipient has the appropriate level of service. Contractor 902 must document overage issue in the Waste Reporting System and notify City within ten (10) Business Days 903 of any changes in Service Recipient's Collection Container size or collection frequency. The increased 904 capacity or collection frequency will remain in effect until Contractor determines that it is no longer needed 905 to prevent overages, which may be longer than the one Calendar Year stated above. Such determination 906 will be in Contractor's sole but reasonable discretion and will be subject to the dispute resolution procedure 907 set forth below. City will consider, and pursue as applicable, appropriate legal remedies against offending 908 Service Recipients in order to secure discontinuance of the overages. 909 5.14 Tracking Occurrences of Solid Waste Overage. Regarding Sections 5.11 — 5.13 after 910 twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid 911 Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence. 912 5.15 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste 913 Overage charge or container size or collection frequency change within 30 days of the disputed action, 914 Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate 915 resulting from increasing the Collection Container size or collection frequency, and Contractor may request a 916 ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may restore 917 Container size or number, or collection frequency, to the prior levels. A request by Contractor to the City 918 Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor's halting of 919 Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and 920 digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or 921 phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the DRAFT AGREEMENT.V1 Page 26 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 922 City Manager will rule on the dispute within ten (10) Business Days, and the City Manager's decision on 923 resolving the dispute between and Service Recipient will be final. If the City Manager rules in favor of the 924 Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the 925 City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid 926 Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste 927 Collection Container size or collection frequency and may follow the steps in Section 7.07 for collection of 928 delinquent accounts. 929 5.16 Ownership of Materials. Except as provided otherwise under Applicable Law, title to 930 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to Contractor 931 at such time as said materials are set out for Collection. 932 5.17 Spillage and Litter. Contractor may not litter premises in the process of providing Integrated 933 Solid Waste Handling Services or while its vehicles are on the road. Contractor must transport all materials 934 Collected under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such 935 materials from Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing 936 Integrated Solid Waste Handling Services so as to prevent spilling or dropping of Residential Waste, 937 Commercial Solid Waste, Recyclable Materials, or Organic Materials and must immediately, at the time of 938 occurrence, clean up such spilled or dropped Residential Waste, Commercial Solid Waste, Recyclable 939 Materials, or Organic Materials. 940 5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning up 941 sanitary conditions caused by the carelessness of the Service Recipient, however, Contractor must clean 942 up any material or residue that is spilled or scattered by Contractor or its employees. 943 5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 944 from Contractor's operations or equipment repair must be covered immediately with an absorptive material 945 and removed from the street surface. Contractor must document spillage in the Waste Reporting System 946 and notify City's stormwater compliance coordinator within ninety (90) minutes of any spills resulting from 947 Contractor's operations or equipment. When necessary, Contractor must apply a suitable cleaning agent 948 and cleaning technique to the street surface to provide adequate cleaning as approved by the City's 949 stormwater compliance coordinator to be compliant with the City's stormwater permit. 950 5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 951 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, 952 Contractor must engage third -party environmental clean-up specialist to remove any equipment oil, hydraulic 953 fluids, or any other liquid or debris that remains on street after Contractor's own clean-up efforts. If clean-up 954 is not conducted to satisfaction of City, City has right to engage environmental clean-up specialist to perform 955 additional clean-up work at the expense of Contractor. In the event of Contractor's spill or release of a 956 Hazardous Substance, Contractor is responsible for promptly notifying any federal, State, County, or local 957 governmental agency having jurisdiction over same as maybe be required under federal, State, County or 958 local law or regulation. DRAFT AGREEMENT.V1 Page 27 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 959 5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 960 any physical damage more than a simple cosmetic stain caused by the spill), Contractor shall be responsible 961 for all repairs to return the street to the same condition as that prior to the spill. Contractor shall be 962 responsible forall clean-up activities related to the spill. Repairs and clean-up shall be performed in a manner 963 satisfactory to the City and at no cost to the City. 964 5.17.5 To facilitate immediate cleanup, Contractor's vehicles must always carry enough 965 petroleum absorbent materials along with a broom and shovel. 966 5.18 Green and Organic Waste Capacity. Contractor shall use commercially reasonable efforts 967 to secure guaranteed capacity for all City Green and Organic Waste for the term of the Agreement using a 968 facility listed in Exhibit 9. 969 5.19 Regulations and Record Keeping. Contractor must comply with emergency notification 970 procedures required by Applicable Laws and regulatory requirements. All records required by regulations 971 must be maintained at Contractor's facility. These records must include waste manifests, waste inventories, 972 waste characterization records, inspection records, incident reports, and training records. 973 Article 6. Collection Service Rates 974 6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will 975 charge for providing the Integrated Solid Waste Handling Services, provided that Contractor shall not charge 976 any Service Recipient an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, 977 which may only be adjusted as provided in this Agreement. 978 6.02 Senior / Low -Income Discount as Contractor's Good Will. In exchange for the good will of 979 the City and the general public, Contractor voluntarily agrees to discount the rate it charges for Integrated 980 Solid Waste Handling Services provide to eligible Service Recipients (the "Discount") and that the Discount 981 shall neither impact the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service 982 Recipients. Contractor shall make the Discount available to any person who demonstrates through 983 appropriate documentation thatthey are: (i) 60 years of age or older; or (ii) a person of low, lower, or extremely 984 low income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head 985 of household and occupant at the Service Unit address. Within thirty (30) days of the Effective Date, 986 Contractor shall provide educational materials describing and explaining the availability and how to qualify for 987 and receive the Discount to all persons in the City currently subscribed to a discount rate program. Contractor 988 shall thereafter advertise the availability of the Discounted services on its website throughout the Term of this 989 Agreement and at least once per year by direct notice to all SFD Service Recipients. Adjustments to Maximum 990 Service Rates using CPI. Beginning on July 1, 2024, and annually thereafter, Contractor shall, subject to 991 compliance with all provisions of this Section, receive an annual adjustment to the Maximum Service Rates 992 as set forth in Exhibit 1 to this Agreement. 993 6.03 Maximum Service Rate Adjustment / Prop 218 Process. The Maximum Service Rates in 994 Exhibit 1 shall be adjusted on July 1, 2024, and annually thereafter in accordance with this Section 6.04. No 995 other adjustments shall be made except as provided in Sections 6.06 or 30.01. Contractor understands and DRAFT AGREEMENT.V1 Page 28 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 996 agrees that City may elect to or be required to comply with California Constitution Article XIII D (Proposition 997 218) or other Applicable Law before approving any new maximum service rate or any maximum service rate 998 increase. City shall not be in breach of this Agreement if its residents lawfully delay or prevent City from 999 raising or imposing the rates. In such event, City and Contractor shall meet in good faith to consider 1000 alternatives and options, which may include permitting Contractor to terminate the Agreement without cause. 1001 All costs incurred in providing notices required under California Constitution Article XIII D or other applicable 1002 law in connection with a rate adjustment shall be paid by Contractor. 1003 6.03.1 CPI Adiustment Calculation. For Rate Year 2025, beginning on July 1, 2024, and 1004 for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of the 1005 12 -month average change in the CPI for the 12 -month period published immediately prior to the rate 1006 application. Therefore, the first rate adjustment effective July 1, 2024, will be based on the percentage 1007 change between the 12 -month average of the CPI from January 1, 2022 through December 31, 2022, and 1008 the 12 -month average of the CPI from January 1, 2023 through December 31, 2023. The index to be used 1009 shall be the Consumer Price Index series CUSROOOOSEHG water and sewer and trash collection services 1010 in U.S. city average all urban consumers seasonally adjusted. 1011 6.03.2 Annual Rate Capon Maximum Service Rates. In any Rate Year that the calculation 1012 of the CPI exceeds four percent (4%), the total adjustment for that year will equal four percent (4%) and the 1013 rollover amount will be added to the rate adjustment percentage in the following year, or any subsequent 1014 year. If the CPI is negative (after accounting for any applicable rollover percentages from prior years), there 1015 will be no CPI adjustment for that year. 1016 6.03.3 Rounding. Adjustments to the overall Service Rates shall be made only in units of 1017 one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. All 1018 CPI indices shall be rounded at two (2) decimal places for the adjustment calculations. 1019 6.03.4 Maximum Service Rate Adiustment Report. On or before March 1 of each year of 1020 the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum Service Rates 1021 for the subsequent calendar year (the "Adjustment Report"). The Adjustment Report shall be in a format as 1022 may be mutually agreed on between the City and Contractor and must contain or be accompanied by 1023 Contractor's adjustment calculations for the specific services performed under this Agreement during the 1024 preceding Agreement Year in Microsoft Excel or other electronic format acceptable to the City. Contractor 1025 shall be solely responsible for the cost of preparing the Adjustment Report. 1026 6.03.4.1 Corrections. In the event the City determines the Adjustment 1027 Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report 1028 to the City. A corrected report submitted after March 1, shall be treated as a late report. 1029 6.03.4.2 Late Report. If Contractor fails to submit the Adjustment Report by 1030 March 1, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and 1031 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in 1032 time for it to be implemented on July 1, or (2) accept and consider the late Adjustment Report at its earliest DRAFT AGREEMENT.V1 Page 29 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1033 convenience, in which case any approved rate adjustment shall only go into effect prospectively thirty (30) 1034 days after the City's approval. In no event shall Contractor apply any rate adjustment retroactively. 1035 6.03.4.3 No Report, If Contractor fails to provide any Adjustment Report, 1036 the Maximum Service Rate shall remain unchanged for the next calendar year. 1037 6.04 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall 1038 notify Contractor on or before June 1 whether the City has approved the requested adjustments to the 1039 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any 1040 requested rate adjustment of more than four percent (4%) which shall only be permitted pursuant to Section 1041 6.06 [Extraordinary Adjustment] below. The City Manager may approve all other requests or refer them to the 1042 City Council at his or her discretion. 1043 6.05 Contractor payment for CPI review. Contractor shall be responsible for paying the cost of 1044 reviewing or correcting the annual CPI adjustment if the City determines that Contractor has made substantial 1045 errors and has not properly submitted or correctly calculated the CPI adjustment. 1046 6.06 Extraordinary Adiustments. Contractor and City acknowledge that there may be infrequent 1047 extraordinary events, including Change of Law, which, although they do not prevent either party from 1048 performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of 1049 providing services above the Section 6.03 Maximum Service Rate Adjustment. The obligation of the parties 1050 in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates. 1051 Accordingly, at its option, Contractor may apply to the City not more frequently than once annually, for an 1052 extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic 1053 operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section 1054 6.03. An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to make 1055 a substantial change in its operations, or substantial capital expenditure or investment to perform its 1056 obligations under this Agreement due to the occurrence of an event or circumstance which is beyond the 1057 reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after approval by the 1058 City Council. 1059 6.06.1 Contractor's Burden. In the event of such an application for an extraordinary rate 1060 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable 1061 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of 1062 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient 1063 documentation in support of its request. City in its sole reasonable discretion may request Contractor to 1064 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1065 solely responsible for the cost to of providing such additional information. Contractor shall allow City to review 1066 a report of its annual revenues and expenses for the services provided in the City prepared by a Certified 1067 Public Accountant or a licensed public accountant, which shall have been prepared in compliance with Rule 1068 58 of the "Rules and Regulations of the State Board of Accountancy," as established by the California Code 1069 of Regulations, Title 16, Chapter I ("Financial Statements'). Such Certified Public Accountant or licensed 1070 public accountant shall be entirely independent of the Contractor and shall have no financial interest 1071 whatsoever in the business of the Contractor. City shall have the right to review this information in connection DRAFT AGREEMENT.V1 Page 30 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1072 with the City's review of Contractor's extraordinary rate adjustment request. With respect to any Financial 1073 Statements or any other non-public information ("Confidential Information"), City agrees that: (a) it will hold 1074 in confidence all Confidential Information; (b) it will restrict the disclosure of Confidential Information within 1075 its own organization and to its agents or representatives who need to know the Confidential Information for 1076 the purposes of the request, (c) it will not disclose Confidential Information to any third party, excepting those 1077 subject to subsection (b), without the prior written consent of the Disclosing Parties; (d) it will not possess, 1078 copy and/or reproduce any written or electronically stored Confidential Information without the prior written 1079 approval of the Contractor, and (e) it will not use Confidential Information except as required for consideration 1080 of the request. City may consider increases or decreases in Contractor's total revenues and total cost of 1081 services when reviewing an extraordinary rate adjustment request. The City will inform the Contractor upon 1082 receiving a California Public Records Act request or a subpoena for the Confidential Information by written 1083 notice delivered to the Contractor ("Notice'). The Contractor will have five (5) days from the date of the 1084 Notice to inform the City in writing of its intent to assert its confidentiality rights under this Agreement. The 1085 Contractor will have fifteen (15) days from the date of the Notice to seek judicial assistance to prevent the 1086 disclosure of the Confidential Information. If the Contractor fails to act within the five (5) or fifteen (15) day 1087 windows described above, the City may disclose the requested Confidential Information to the requestor or 1088 subpoenaing party. In the event Contractor seeks a court order to stay or enjoining the disclosure of the 1089 Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected and appointed 1090 board or commission members, officers, employees, volunteers and agents (collectively, "Indemnitees") 1091 from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in 1092 law or equity of any and every kind and description, whether judicial, quasi-judicial or administrative in nature, 1093 arising or resulting from or in any way connected with the subject CPRA or FOIA request for the Records. 1094 For the purposes of this Section 6.06.1, "Records" shall mean records created or maintained by Contractor 1095 in accordance with this Agreement, including those records that may include Financial Statements or 1096 Confidential Information of Contractor. This Indemnity shall survive the expiration or termination of this 1097 Agreement. 1098 6.06.2 Review Costs. At the time of its request, Contractor shall also submit a payment to 1099 the City of Twenty -Five Thousand Dollars ($25,000) to defray the City's costs to review the request. In the 1100 event the City's reasonable costs exceed that amount, Contractor shall reimburse the City for any 1101 documented amount in excess. 1102 6.06.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1103 request and to negotiate in good faith regarding the appropriateness of the requested adjustment. 1104 6.06.4 City Review; Approval. City shall review the Contractor's request and, in the City's 1105 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1106 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. 1107 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify 1108 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor's request. 1109 Except as provided herein, any such change approved by the City shall not be implemented until January 1 1110 of the next Rate Year unless a different time frame is approved by the City Council. DRAFT AGREEMENT.V1 Page 31 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1111 6.07 Five Year Meet and Confer. The City and Contractor agree to meet and confer on or about 1 112 five (5) years from the Commencement Date regarding material changes in the cost of providing services that 1 113 are substantially more than the rate adjustments resulting from the application of Sections 6.03 and 6.06. If it 1114 is determined that there have been material changes in the cost of providing services, then the City and 1115 Contractor agree to negotiate in good faith regarding appropriate adjustments to the rate. The process for 1 116 demonstrating material changes in the cost of providing services shall follow the same process as outlined in 1 117 Section 6.07.1. 1118 6.08 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1119 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of the 1120 Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, within 1121 thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, to 1122 request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1123 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to 1124 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following 1125 the date of receipt of Contractor's request, either party may terminate this Agreement no earlier than one 1126 hundred and eighty (180) days after written notice to the other. 1127 6.09 Market Rate Review. Commencing on or about August 1, 2028, and then not more than 1128 once every five (5) years thereafter, the city shall have the right to conduct a Market Rate Review (MRR) for 1 129 purposes of comparing the City's Residential and Commercial rates, net of franchise fees, to the jurisdictions 1130 set forth below, which have been agreed upon by the Parties. 1131 Alhambra 1132 Temple City 1133 Monterey Park 1134 EI Monte 1135 Whittier 1136 West Covina 1137 Baldwin Park 1138 Pasadena 1139 Arcadia 1140 Within sixty (60) days of Contractor's receipt of a letter from City initiating the MRR, Contractor will 1141 gather the necessary records and will perform the following calculations and report the results to the City. 1142 Contractor shall make all records used to make the calculation available for review and verification by City 1143 or City's consultant. 1144 6.09.1 Residential Weighted Average Rate Comparison 1145 1. Adjust the residential rates for the City and the Comparative Jurisdictions 1146 to back out the portion of the rates associated with franchise fees. DRAFT AGREEMENT.V1 Page 32 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1147 2. Calculate the weighted average residential rate for the City and the 1148 Comparative Jurisdictions. 1149 3. Compare the City's weighted average residential rate to the weighted 1150 average residential rates of the Comparative Jurisdictions. 1151 4. If the City's weighted average residential rate is less than or equal to the 1152 weighted average residential rate of the Comparative Jurisdictions then the City's residential rate may be 1153 adjusted as authorized provided for in this Agreement. 1154 5. If the City's weighted average residential rate is more than the weighted 1155 average residential rate of the Comparative Jurisdictions then City's residential rates may not be adjusted 1156 as otherwise provided for in this Agreement until the City's weighted average residential rate is less than or 1157 equal to the weighted average residential rate of the Comparative Jurisdictions. 1158 6.09.2 Commercial 3 -Yard Bin Serviced One Time per Week Rate Comparison 1159 1. Compare the City's rate for a 3 -yard trash bin rate serviced one time per week to 1160 the rate for a 3 -yard trash bin serviced one time per week in each of the Comparable Jurisdictions. 1161 2. If the City's rate for a 3 -yard trash bin serviced one time per week is less than or 1162 equal to the highest rate for a 3 -yard trash bin serviced one time per week in the Comparative Jurisdictions 1163 then City's commercial rates may be adjusted as otherwise provided for in this Agreement. 1164 3. If the City's rate for a 3 -yard trash bin serviced one time per week is more than the 1165 highest rate for a 3 -yard trash bin serviced one time per week in the Comparative Jurisdictions then City's 1 166 Commercial rates may not be increased as otherwise provided for in this Agreement until the City's rate for 1 167 a 3 -yard trash bin serviced one time per week is less than or equal to the highest rate for a 3 -yard trash bin 1168 serviced one time per week in the Comparative Jurisdictions. 1169 Article 7. Collection Service Billing 1170 7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely 1171 responsible for the billing and collecting payments for the Integrated Solid Waste Handling Services it 1172 provides within the Service Area. 1173 7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic 1174 mail, to each Service Recipient in advance of all services provided by Contractor under this Agreement. If 1175 sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self - 1176 addressed return envelope. All invoices shall include Contractor's e-mail address include directions for 1177 payment by payment by check, credit card, or Automated Clearing House (ACH) debit, and shall include or 1178 be accompanied by a complete billing statement showing all charges and all services provided. City shall 1 179 have the right to direct Contractor to revise the format of all invoices and billing statements upon reasonable 1180 notice to Contractor. DRAFT AGREEMENT.V1 Page 33 of 185 RN #4862-7000-7618 V1 DRAFT 5/2/2023 1181 7.03 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner than the 1182 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service 1183 Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and 1184 once every Quarter for SFD Service Units. No invoice shall be due and payable sooner than the last day of 1185 the respective month or Quarter for which Integrated Solid Waste Handling Services are provided. 1186 7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1187 Contractor's Service Area, Contractor shall pro -rate billing to the Service Recipient on a weekly basis, 1188 meaning one-fourth of the applicable rate found in Exhibit 1 multiplied by the number of weeks of service 1189 provided by Contractor. 1190 7.05 Overoavments. Contractor shall refund or issue a service credit for overpayments by 1191 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment. 1192 Contractor shall refund every overpayment that: (1) exceeds two hundred dollars ($200.00) or the amount of 1193 Service Recipient's typical invoice, whichever is less; or (2) is due to the Service Recipient closing the account 1194 prior to the end of the billing period. Contractor may issue a service credit of no more than two (2) years 1 195 against future invoices for all other overpayments. 1196 7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1197 accounts are delinquent by more than ninety (90 days) to the Agreement Administrator on a monthly basis. 1198 7.07 Contractor's Reservation of Legal Rights and Remedies. Notwithstanding any other 1199 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to 1200 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor 1201 shall never discontinue Integrated Solid Waste Handling Services to any Service Unit except upon thirty (30) 1202 days prior written notice to both the Service Recipient and the Agreement Administrator. Contractor may send 1203 a written notice to Service Recipient regarding payments of Billings during the billed service period. 1204 7.08 City Rights to Lien Delinquent Accounts: Residential Delinquencies. 1205 7.08.1 Delinquent SFD and MFD Service Accounts. For health and safety reasons, 1206 Contractor shall not discontinue service to SFD Service unit or MFD Service Unit Customers or a Residential 1207 property that is not Unoccupied as provided above. City is authorized to collect delinquent Integrated Solid 1208 Waste Handling fees in the manner provided by section 25831 and 38790.1 of the Government Code. 1209 7.08.2 Upon the written request of Contractor, the City authorizes and agrees to assist 1210 Contractor in submitting account delinquency information to the Los Angeles County Assessor's Office for 1211 placement on the tax roll. By submitting a written request, Contractor assigns its right to collect the 1212 delinquencies to the City. 1213 7.08.3 Contractor agrees not to discontinue service to SFD Service Unit or MFD Service 1214 Unit Customers. SFD Service Unit or MFD Service Unit Customers (owners or tenants) who have not 1215 remitted required payment within one hundred twenty (120) days after the date of billing shall be notified by 1216 Contractor on forms that contain a statement that if payment is not received within fifteen (15) days from the DRAFT AGREEMENT.V1 Page 34 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1217 date of the notice, a ten percent (10%) penalty and one point five percent (1.5%) monthly interest will begin 1218 to accrue and the City will be informed of the delinquency in an annual report. Contractor will deliver a report 1219 of the delinquencies by no later than April 30th of each year with a request that the City place the 1220 delinquencies on the tax roll. City is authorized to collect delinquent solid waste fees or charges in the 1221 manner provided in sections 38790.1 and 25831 of the Government Code. To implement Contractor's 1222 request, City will set a time, date and place for hearing the report and any objections and protests to the 1223 report. As determined in the sole discretion of the City, Contractor shall mail notice of the hearing to the 1224 SFD Service Unit or MFD Service Unit Customers listed on the report not less than ten (10) days prior to the 1225 date of the hearing. At the hearing, City shall hear any objections or protests of SFD Service Unit or MFD 1226 Service Unit Customers liable to be assessed for delinquent fees. The City may make revisions or 1227 corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. 1228 7.08.4 The delinquent fees set forth in the report as confirmed, shall constitute special 1229 assessments against the respective parcels of land and are a lien on the property for the amount of the 1230 delinquent fees. A certified copy of the confirmed report shall be filed with the Los Angeles County Auditor 1231 for the amounts of the respective assessments against the respective parcels of land as they appear on the 1232 current assessment roll. The lien created attaches upon recordation, in the office of the Los Angeles County 1233 Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same 1234 time and in the same manner as ordinary ad valorem property taxes are collected and shall be subject to 1235 the same penalties and the same procedure and sale in case of delinquency as provided for those taxes. 1236 Contractor understands and agrees that the City has no obligation to foreclose on the lien for any 1237 delinquency. Contractor shall pay all fees charged by Los Angeles County in connection with the 1238 establishment of this secured tax roll billing and collection program and shall pay all direct and indirect costs 1239 incurred by the City in processing delinquent and unpaid assessments through the secured property tax roll 1240 procedure. City shall remit to Contractor within thirty (30) days of receipt from the Los Angeles County 1241 Assessor of amounts collected pursuant to this process. Contractor shall notify the City in the event any 1242 delinquency on the report or for which a lien has been created is paid or otherwise resolved. 1243 7.08.5 With respect to placement of account delinquencies on the tax roll made in 1244 accordance with the above provisions, Contractor, upon demand of the City, made by and through the City 1245 Attorney, shall indemnify, hold harmless, protect City and appear in and defend the City and its elected 1246 officials, officers, employees and agents, in and against any claims or actions by third parties, whether 1247 judicial, administrative or otherwise, including, but not limited to disputes and/or litigation challenging the 1248 placement on the tax roll, levy, collection, or remittance of any delinquent rate, fee, charge, interest, penalty, 1249 or other amount on the tax roll or any lien associated with the foregoing, as impermissible general tax, special 1250 tax, assessment, or fee requiring compliance with any provision of Article XIII of the California Constitution, 1251 the various enabling and implementing statutes, or as being an ultra vires act, or is invalid under or otherwise 1252 contrary to any federal, state, or local law, ordinance, regulation, or decision of a court of competent 1253 jurisdiction; and/or challenging the certification, implementation, imposition, adjustment, levy or collection of 1254 any rate, fee, charge, interest, penalty or other amount under the Agreement. This provision shall survive 1255 the expiration of the period during which collection services are to be provided under this Agreement. In the 1256 event of an adverse legal determination or settlement of such action, the parties agree to cooperate and DRAFT AGREEMENT.V1 Page 35 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1257 work in good faith to prepare such amendments or alternatives to the Agreement that will implement the 1258 original intent of the Parties while complying with any adverse legal determination or settlement. 1259 Article 8. Diversion Requirements 1260 8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1261 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and 1262 employ sufficient programs and services to ensure City will meet or exceed City's Diversion goals 1263 requirements (including, without limitation, amounts of Solid Waste to be Diverted, time frames for Diversion, 1264 and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and that 1265 Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1, except as 1266 provided in Section 30.01.1. Contractor hereby agrees to assist the City to meet or exceed, on an annual 1267 basis the Diversion Compliance by undertaking the actions set forth in Section 8.02. 1268 8.02 Contractor Required Actions. Contractor shall take all of the following actions to assist the 1269 City in meeting, on an annual basis, Diversion Compliance: 1270 8.02.1 Except for Organic Waste collected from homeless encampments or material 1271 subject to quarantine by the California Department of Food & Agriculture, and except as provided in Sections 1272 5.06 and 5.10, collect and deliver all Organic Waste to an approved Organics Processing Facility for 1273 processing and Diversion. 1274 8.02.2 Except as provided in Sections 5.06 and 5.10, Collect and deliver all Recyclable 1275 Materials to an approved MRF, or other certified recycling facility, for processing Collect and deliver all 1276 Garbage to an approved Disposal Facility. 1277 8.02.3 Collect and deliver all Construction and Demolition Debris to an approved MRF (or 1278 other certified C&D facility that meets California requirements of 65% minimum diversion) for processing and 1279 diversion. 1280 8.02.4 Deliver all material set out for collection in Cart, Bins or Roll -Off Containers identified 1281 as containing source separated Recyclable Material to an approved MRF for processing and diversion. 1282 8.02.5 Deliver all material set out for collection in Cart, Bins or Roll -Off Containers identified 1283 as containing source separated Organic Waste to an approved Organic Waste Processing Facility for 1284 processing and diversion. 1285 8.02.6 Only Residual or material in Garbage Carts or Garbage Bins will be delivered to the 1286 approved landfill for disposal. All other material must go to the designated facility for full processing and 1287 diversion, with Residual only going to the landfill after the processing. 1288 8.02.7 Contractor must take all commercially reasonable and lawful actions to maximize 1289 diversion of materials from landfills. DRAFT AGREEMENT.V1 Page 36 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1290 8.02.8 Contractor must develop and provide sufficient accurate information and data as 1291 necessary to ensure that Contractor and City annually demonstrate Diversion Compliance to CalRecycle. 1292 8.02.9 Contractor must implement public education and outreach programs as required 1293 under this Agreement. 1294 8.03 Annual Reporting. Contractor shall calculate the Diversion Compliance Rate on an annual 1295 basis and shall deliver a written report regarding the same to the City no later than February 14 of the year 1296 following the reporting period as set forth in Section 22.04. 1297 8.04 Failure of Recyclables Market. Notwithstanding any other provision of this Agreement to 1298 the contrary, where CalRecycle has determined that there are no commercially viable markets for a specific 1299 type of Recyclable Materials, or with written notice to City, Contractor is unable to identify a market for one or 1300 more Recyclable Materials despite the exercise of commercially reasonable efforts to process and market 1301 the material, and determines to dispose of the Recyclable Material(s), such a determination shall not 1302 constitute a failure to implement service, a failure to implement a program, or an event of default hereunder. 1303 8.05 Failure to Meet Franchised Diversion Rate. If CalRecycle determines that City has failed 1304 to meet the Diversion Compliance due to Contractor's failure to undertake the actions described in this 1305 Section, Contractor must prepare, at Contractor's cost and expense, and submit a corrective action plan to 1306 City sufficient to demonstrate good faith efforts by City to comply with Diversion Compliance and that is 1307 otherwise acceptable to CalRecycle, and shall be subject to Administrative Charges as allowed under Article 1308 25 and specified in Exhibit 6. Contractor must also submit a written corrective action plan to the City before 1309 March 15 of the year following the missed minimum Diversion requirement. Contractor's corrective action 1310 plan must specify all actions Contractor will take to ensure it will meet Diversion Compliance Rates in the 1311 future, and shall be subject to the review and approval by the Agreement Administrator. Contractor must 1312 implement all measures identified in the corrective action plan at its sole cost and expense, unless the failure 1313 to meet Diversion Compliance was due to a Change in Law or due to the negligent acts or omissions of the 1314 City. If Contractor fails to submit an adequate corrective action plan or to fully implement a City -approved 1315 corrective action plan, it shall subject Contractor to Administrative Charges as allowed under Article 25 and 1316 specified in Exhibit 6 in addition to any other remedies available to the City. 1317 8.06 Representations and Warranties. Contractor represents and warrants that it is aware of 1318 and familiar with the Diversion Compliance, the Applicable Laws and City's waste stream. Contractor 1319 represents and warrants that it has the capacity, skill and ability to undertake the actions identified in Section 1320 8.02 above without imposing any costs or fees other than those set forth in the Schedule of Service Rates, 1321 as may be adjusted as provided for in this Agreement. Where the Diversion Compliance is modified by a 1322 Change in Law, Contractor agrees to develop and implement such actions, programs and measures as are 1323 necessary to bring City into compliance with the modified Diversion Compliance and City agrees that it will 1324 meet and confer with Contactor for a period not to exceed ninety (90) days regarding such actions, programs 1325 and measures, their implementation, and adjustments to rates reasonably necessary to effectuate same in 1326 accordance with Section 30.01. DRAFT AGREEMENT.V1 Page 37 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1327 8.07 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1328 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the 1329 Contractor's obligations under this Article. City's obligations in this regard shall include, without limitation, 1330 making such petitions and applications as may be reasonably requested by Contractor for time extensions in 1331 meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize 1332 such changes to Contractor's Recycling, Organic Waste, or Solid Waste programs as may be reasonably 1333 requested by Contractor in order to achieve the minimum requirements of this Article. 1334 8.08 Contractor's Diversion Programs. Contractor shall implement the Diversion programs 1335 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements 1336 under Applicable and the City meets or exceeds all minimum Diversion requirements under Applicable Law. 1337 Contractor shall furthermore, at its sole cost and expense, (1) assist the City to respond to inquiries from, or 1338 prepare for and attend any hearing before, CalRecycle or any other regulatory agency relating to the City's 1339 compliance with Applicable Law; prepare for and participate in CalRecycle' s review of the City's SRRE.; 1340 apply for any extension available under Applicable Law, develop and implement a public awareness and 1341 education program consistent with the City's SRRE and Household Hazardous Waste Element and any 1342 related requirements of Applicable Law, (2) Provide the City with Recycling, source reduction, and other 1343 technical assistance as may be needed to comply with Applicable Law; and (3) advise the City of additional 1344 programs or measures Contractor can, if authorized by the City, implement to increase compliance with the 1345 Diversion requirements of Applicable Law. 1346 8.09 New Diversion Programs. If Contractor fails to meet any Diversion Compliance requirement 1347 or the City fails to meet any CalRecycle Diversion requirement notwithstanding Contractor's implementation 1348 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1349 to modify its Diversion and public education programs or implement new programs. Such modifications may 1350 constitute a City -Directed Change under Section 30.01. Contractor shall not implement new Diversion 1351 programs not described in this Agreement without the City's prior consent. 1352 8.10 Nothing contained herein shall prohibit Contractor from meeting its diversion requirements 1353 by any alternative methods or procedures, provided it complies with Applicable Law, as may be amended 1354 from time to time. Contractor's ability to meet its diversion requirements by alternative methods per this 1355 Section 8.05 is subject to Agreement Administrator review and approval. 1356 Article 9. Service Unit Types 1357 9.01 Service Units. Service Units include all the following categories of premises which are in 1358 the Service Area as of August 1, 2023 and all such premises which may be added to the Service Area by 1359 means of annexation, new construction, or as otherwise set forth in this Agreement during term of this 1360 Agreement: 1361 9.01.1 SFD Service Units. Services are specified in Article 10. 1362 9.01.2 MFD Service Units. Services are specified in 10.12.1. DRAFT AGREEMENT.V1 Page 38 of 185 RIV #4862-7000-7618 vi DRAFT 5/2/2023 1363 9.01.3 Commercial Service Units. Services are specified in Article 12. 1364 9.01.4 Mixed-use Development (MXD) Service Units. Services are specified in Article 13. 1365 9.01.5 City Service Units. Services are specified in Article 14. 1366 9.01.6 Any question as to whether a premise falls within one of these categories will be 1367 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1368 final. 1369 9.02 Service Unit Changes. City and Contractor acknowledge that during the term of this 1370 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1371 Service. 1372 9.02.1 Additions and Deletions. Contractor must provide services described in this 1373 Agreement to new Service Units in Contractor's Service Area within five (5) Work Days of receipt of notice 1374 from City or the new Service Unit to begin such Service. 1375 9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the 1376 Contractor's Service Area is acquired by City through annexation, subject to the requirements of Public 1377 Resources Code section 49520, Contractor agrees to provide Integrated Solid Waste Handling Services in 1378 such annexed area in accordance with the provisions and Maximum Service Rates set forth in this Agreement 1379 after termination of former contractor's rights to provide service have been exhausted. Such Integrated Solid 1380 Waste Handling Services must begin within five (5) Work Days of receipt of written notice from City. Contractor 1381 may not begin Collection Service without written authorization from City. 1382 9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1383 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1384 Administrator as requested. 1385 Article 10. Residential Service 1386 10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1387 Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin 1388 Collection Service. The SFD Services are governed by the following terms and conditions: 1389 10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1390 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1391 SFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly 1392 containerized in Recycling Carts, except as set forth in Section 10.08.1, Organic Wastes are properly 1393 containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage, Recycling, 1394 and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface of the 1395 public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service 1396 Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and vehicle. DRAFT AGREEMENT.V1 Page 39 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1397 10.01.2 Bundled SFD Cart Service. Contractor will use a weekly Bundled SFD Solid Waste 1398 Collection Service system with one (1) 96 -Gallon Black or Grey Garbage Cart, one (1) 96 -Gallon Blue 1399 Recycling Cart, and one (1) 96 -Gallon Green Organic Waste Cart as part of the base SFD Solid Waste 1400 Collection Service. SFD Service Recipients shall receive additional Recycling Carts and additional Organic 1401 Waste Carts to be included at no additional cost, if requested. Garbage, Recycling, and/or Organic Waste 1402 Carts with a capacity of 32 -Gallon or 64 -Gallon may be requested by Customers that have space constraints. 1403 Pricing for downsizing Carts, or additional Carts, relative to the base Bundled Service are included in Exhibit 1404 1. 1405 10.01.3 On -Premises Service. Notwithstanding any term or definition set forth in this 1406 Agreement, Contractor must provide Collection of SFD Garbage, Recycling, and Organic Waste on the SFD 1407 Service Recipients premises to an SFD Service Unit as follows. 1408 10.01.3.1 At no additional cost to the SFD Service Unit. SFD Service Units 1409 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1410 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises 1411 service has been made. 1412 10.01.3.2 At an additional cost to the SFD Service Unit. 1413 A. SFD Service Units where topography, steep driveways, below grade dwellings, or 1414 limited access to public streets that prevents the SFD Service Recipient from setting their Garbage, 1415 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1416 Contractor, and if a request for on -premises service has been made. 1417 B. SFD Service Units inaccessible by standard 3 or 4 axe[ Collection Vehicles as 1418 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1419 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1420 or impossible to access using regular trash collection trucks. 1421 C. Contractor must offer "push services' to SFD Service Recipients other than those 1422 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1423 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1424 from their storage location for Collection and returning the Collection Containers back to their storage 1425 location. 1426 10.01.3.3 Contractor must provide on -premises Collection Service on the 1427 same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit. 1428 10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection 1429 Service must be provided one (1) time per week on a scheduled route basis. SFD Collection Service must be 1430 scheduled so that all Service Units receive Garbage Collection Service, Recycling Collection Service, and 1431 Organic Waste Collection Service on the same Work Day. SFD Collection Service must be provided, 1432 commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m., Monday through Friday, except 1433 for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended due to DRAFT AGREEMENT.V1 Page 40 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1434 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1435 Administrator. 1436 10.03 Manner of Collection. The Contractor must provide Collection Service with as little 1437 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1438 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1439 Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on 1440 private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1441 owner of both properties has given permission. Care should be taken to prevent damage to property, including 1442 flowers, shrubs, and other plantings. 1443 10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1444 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit 1445 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor being 1446 required to replace Collection Containers before they have been fully depreciated, Contractor will be eligible 1447 for additional compensation in accordance with Exhibit 1. 1448 10.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts 1449 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1450 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1451 Recipient. 1452 10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1453 Recipient's Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1454 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1455 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1456 System monthly. 1457 10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1458 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1459 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1460 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1461 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1462 Agreement, in accordance with the "Cart Exchange' Service Rate set forth in Exhibit 1, or as may be adjusted 1463 by the City from time to time as provided under this Agreement. 1464 10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1465 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive up 1466 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1467 10.05.4 Repair of Garbage Recycling and Organic Waste Carts Contractor is responsible 1468 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1469 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1470 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. DRAFT AGREEMENT.V1 Page 41 of 185 RN #4862-7000-7618 vt DRAFT 5/2/2023 1471 10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1472 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1473 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1474 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit is 1475 eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for moving 1476 to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those exchanges in 1477 excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in accordance with 1478 the "Cart Exchange' service rate as set forth in Exhibit 1 or as may be adjusted this Agreement. 1479 10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1480 Recipient that additional Black or Grey Carts for Garbage, Blue Carts for Recyclable Materials, or Green 1481 Carts Organic Waste are requested, Contractor shall deliver such Carts to such Service Recipient within five 1482 (5) Work Days, at the rate set forth in Exhibit 1. 1483 10.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1484 10.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the SFD 1485 Service Recipient, Contractor must replace the dirty Collection Containers with clean Collection Containers. 1486 Any Collection Container cleanings done at a Contractor facility must be done in such a manner that results 1487 in no water entering the City's storm drain system. This service must be provided at no charge to the Service 1488 Recipient, so long as the service is not requested more than once per Calendar Year. In addition, regardless 1489 of whether or not this cleaning is requested by the Service Recipient, Contractor will ensure that all Collection 1490 Containers are cleaned on an as -needed basis so as to maintain a clean appearance and proper function. 1491 Additional cleanings beyond once each Calendar Year will be subject to the Service Rate set forth in Exhibit 1492 1. 1493 10.07 SFD Garbage Collection Service. This service is governed by the following terms and 1494 conditions: 1495 10.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed 1496 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10. 1497 10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1498 performing Integrated Solid Waste Handling Services must be transported to, and disposed of, at the 1499 Disposal Facilities listed in Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor 1500 must transport and dispose of the Garbage at another legally permitted Disposal Facility. Failure to comply 1501 with this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor 1502 being in default under this Agreement. 1503 10.08 SFD Recycling Service. This service is governed by the following terms and conditions: 1504 10.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be 1505 placed beside the Recycling Cart if flattened. DRAFT AGREEMENT.V1 Page 42 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1506 10.08.2 Recvclinq - Improper Procedure. The Contractor is not required to Collect 1507 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1508 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1509 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1510 Contractor must follow the steps set forth in Section 5.07. 1511 10.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1512 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1513 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1514 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1515 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1516 designate Materials Recovery Facility. 1517 10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account, 1518 at no additional charge, each SFD customer may request that Contractor provide one on-call Move-In/Out 1519 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1520 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each new 1521 account. This service shall only include Recyclable Materials, and in the event that the Service Recipient 1522 includes Garbage in the materials set out for Collection by Contractor, this service shall be counted as one 1523 of the SFD Service Recipient's free annual Bulky Item Collections as set forth in Section 10.10. 1524 10.08.5.Recycling - Changes to Services. Should changes in Applicable Law arise that 1525 necessitate any additions or deletions to the services described in this Section 10.08, including the type of 1526 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1527 into an Agreement amendment covering such modifications to the services to be performed and the 1528 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1529 to such services. 1530 10.09 SFD Organic Waste Collection Service. This service is governed by the following terms 1531 and conditions: 1532 10.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic Waste 1533 Collected pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law. 1534 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in 1535 a landfill, except for residue resulting from processing. If the organics processing facility accepts bagged 1536 organic waste (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged 1537 Organic Waste. 1538 10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1539 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1540 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1541 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1542 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1543 City has the right to designate Organic Waste Processing Facility. DRAFT AGREEMENT.V1 Page 43 of 185 RIV 94862-7000-7618 v1 DRAFT 5/2/2023 1544 10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1545 for Collection during the three-week period beginning December 261h each year during the term of this 1546 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1547 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1548 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1549 to divert Holiday Trees with tinsel, flocking or ornaments. 1550 10.09.4 Non -Collection. Contractor is not required to Collect Organic Waste if the Service 1551 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1552 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1553 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1554 10.09.5 Home Compost Bins. Contractor shall store, promote, and distribute a maximum of 1555 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1556 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor's place of storage. 1557 10.10 SFD Bulky Waste Collection Service. This service is governed by the following terms and 1558 conditions: 1559 10.10.1 Conditions of Service. Contractor must provide SFD Bulky Waste Collection 1560 Service, including the collection of E -Waste and U -Waste, to all SFD Service Units in the Service Area whose 1561 Bulky Waste, E -Waste, and U -Waste have been placed within three (3) feet of the curb, swale, paved surface 1562 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1563 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and vehicle. 1564 Up to five (5) times per Calendar Year each Service Recipient is entitled to receive Bulky Item disposal 1565 amounting to a combined annual maximum of the equivalent of (a) five (5) Bulky Items, or (b) ten (10) 32- 1566 gallon bags at no additional cost and expense. For subsequent collection in any Calendar Year, the 1567 Contractor shall receive compensation from the customer at the rate for such service as set in Exhibit 1. 1568 10.10.2 Frequency of Service. Bulky Waste Collection Service will be provided on the next 1569 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1570 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other 1571 Residential Waste. 1572 10.10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1573 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste are not 1574 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1575 10.10.4 Maximum Reuse and Recycling. Contractor must dispose of Bulky Waste collected 1576 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1577 10.10.4.1 1578 10.10.4.2 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 vi DRAFT 5/2/2023 Reuse as is (where energy efficiency is not compromised) Disassemble for reuse or Recycling Page 44 of 185 1579 10.10.4.3 Recycle 1580 10.10.4.4 Disposal 1581 10.10.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1582 Bulky Waste cannot be reused or recycled. 1583 10. 10.6 City Direction of Bulky Waste. City reserves the right to direct Contractor to take 1584 specific types of Bulky Waste Collected pursuant to this Section to designated sites not more than twenty 1585 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1586 obligation to dispose of the Bulky Item residue remaining at the directed site or sites after scavengers and 1587 recyclers have removed reusable or recyclable Bulky Waste, 1588 10.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and 1589 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize 1590 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in an 1591 appropriate manner, Contractor shall provide, upon request, each SFD Service Recipient with up to one 1592 postage -paid mail -back sharps container per year at no additional cost. Seniors shall be provided with up to 1593 two postage -paid mail -back sharps containers per year at no additional cost. In addition, Contractor shall 1594 promote this program in newsletters and in other forms of outreach as determined by City. Additionally, 1595 Contractor shall provide to the City on an annual basis not less than 200 postage -paid mail -back Sharps 1596 containers for City staff to distribute at special events. 1597 10.12 Extended Producer Responsibility Diversion Program. Contractor shall provide a minimum 1598 of two City-wide electronic waste, textile, carpet, and mattress collection drives on an annual basis. Contractor 1599 will schedule collection events with City approval and advertise the drop-off events not less than one week 1600 prior to the scheduled collection event, but no more than one month prior to the scheduled collection event. 1601 All textile, carpet and mattresses Collected through this program shall be diverted from the landfill either 1602 through donation to a local non-profit organization or through other means of Diversion. 1603 10.12.1 Temporary Bin and Box Service. Contractor shall provide temporary Bin and Box 1604 service, including Construction and Demolition Debris Bins, to SFD Service Recipients. Contractor shall 1605 deliver such Bin or Box within one Business Day of request. The Contractor shall receive compensation for 1606 Temporary Bin and Box Service from the customer at the rate for such service as set in Exhibit 1. 1607 Article 11. MFD Service 1608 11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD 1609 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following 1610 terms and conditions: 1611 11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to 1612 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the 1613 Service Area whose MFD Solid Waste is properly containerized in Black/Grey Garbage Carts, Blue DRAFT AGREEMENT.V1 Page 45 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1614 Recyclable Materials are properly containerized in Recycling Carts, except as set forth in Section 11.08.1; 1615 Organic Wastes are properly containerized in Green Organic Waste Carts, except as set forth in Section 1616 11.09.5, where the Garbage, Recycling, and Organic Waste carts have been placed within three (3) feet of 1617 the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location 1618 agreed to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's 1619 Collection crew and vehicle. 1620 11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1621 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection 1622 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service 1623 Recipient, and including at no additional cost one (1) 96 -Gallon Blue Recycling Cart and one (1) 32 -Gallon 1624 Green Organic Waste Cart as part of the base bundled MFD Collection Service. Additional services may be 1625 requested by the MFD Service Recipient. To be exempted from MFD Recycling Service or MFD Organic 1626 Waste Collection Service, Service Recipient must apply for exemption to the Contractor. All such exemption 1627 applications must be reported in the Waste Reporting System and approved by the City. Additional Collection 1628 Containers or different size Collection Containers are subject to the applicable Service Rate set forth in 1629 Exhibit 1. 1630 11.01.3 On -Premises Service. Notwithstanding any term or definition set forth in this 1631 Agreement, Contractor must provide Collection of MFD Garbage, Recycling, and Organic Waste on the MFD 1632 Service Recipients premises to an MFD Service Unit as follows. 1633 11.01.3.1 At no additional cost to the MFD Service Unit. MFD Service Units 1634 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1635 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises 1636 service has been made. 1637 11.01.3.2 At an additional cost to the MFD Service Unit. 1638 a. MFD Service Units where topography, steep driveways, below grade dwellings, or 1639 limited access to public streets that prevents the MFD Service Recipient from setting their Garbage, 1640 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1641 Contractor, and if a request for on -premises service has been made. 1642 b. MFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 1643 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1644 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1645 or impossible to access using regular trash collection trucks. 1646 C. Contractor must offer "push services" to MFD Service Recipients other than those 1647 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1648 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1649 from their storage location for Collection and returning the Collection Containers back to their storage 1650 location. DRAFT AGREEMENT.V1 Page 46 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1651 11.01.3.3 Contractor must provide on -premises Collection Service on the 1652 same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit. 1653 11.02 Frequency and Scheduling of Service. This service must be provided as deemed 1654 necessary and determined between Contractor and the MFD Service Unit, but such service must be received 1655 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection 1656 service scheduled to fall on a holiday may be rescheduled as determined between the Service Unit and 1657 Contractor as long as the minimum frequency requirement is met. The size of the container and the frequency 1658 (above the minimum) of Collection will be determined between the MFD Service Unit and Contractor. 1659 However, size and frequency must be sufficient to provide that no Solid Waste need be placed outside the 1660 Collection Container. Contractor must provide containers as part of the Commercial Collection Maximum 1661 Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor provided 1662 that the Service Recipient is completely responsible for its proper maintenance, and such Compactor is of a 1663 type that is compatible with Contractor's equipment. All other Collection Containers used by Service 1664 Recipients must be owned and supplied by Contractor. 1665 11.03 Manner of Collection. The Contractor must provide Collection Service with as little 1666 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1667 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1668 Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on 1669 private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1670 owner of both properties has given permission. Care should be taken to prevent damage to property, including 1671 flowers, shrubs, and other plantings. 1672 11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1673 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit 1674 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor being 1675 required to replace Collection Containers before they have been fully depreciated, Contractor will be eligible 1676 for additional compensation in accordance with Section 6.07. 1677 11.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts 1678 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1679 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1680 Recipient. 1681 11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1682 Recipient's Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1683 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1684 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1685 System monthly. 1686 11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1687 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient, Except 1688 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where DRAFT AGREEMENT.V1 Page 47 of 185 RIV #4862-7000-7618 vi DRAFT 5/2/2023 1689 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1690 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1691 Agreement, in accordance with the "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be adjusted 1692 by the City from time to time as provided under this Agreement. 1693 11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1694 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive up 1695 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1696 11.05.4 Repair of Garbage. Recycling and Organic Waste Carts. Contractor is responsible 1697 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1698 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1699 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient, 1700 11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1701 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1702 within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1703 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit is 1704 eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for moving 1705 to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those exchanges in 1706 excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in accordance with 1707 the "Cart Exchange' service rate as set forth in Exhibit 1 or as may be adjusted this Agreement. 1708 11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1709 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1710 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1711 in Exhibit 1. 1712 11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1713 11.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the MFD, 1714 Contractor must clean all Collection Containers or must replace the dirty Collection Containers with clean 1715 Collection Containers. Any Collection Container cleanings done at a Contractor facility must be done in such 1716 a manner that results in no water entering the City's storm drain system. This service must be provided at no 1717 charge to the Service Recipient, so long as the service is not requested more than once per Calendar Year. 1718 In addition, regardless of whether or not this cleaning is requested by the Service Recipient, Contractor will 1719 ensure that all Collection Containers are cleaned on an as -needed basis so as to maintain a clean appearance 1720 and proper function. Additional cleanings beyond once each Calendar Year will be subject to the Service Rate 1721 set forth in Exhibit 1. 1722 11.07 MFD Garbage Collection Service. This service is governed by the following terms and 1723 conditions: DRAFT AGREEMENT.V1 Page 48 of 185 RN #4862-7000-7618 vi DRAFT 5/2/2023 1724 11.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed 1725 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10. 1726 11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1727 performing Integrated Solid Waste Handling Services must be transported to, and disposed of, at the 1728 Disposal Facilities listed in Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor 1729 must transport and dispose of the Garbage at another legally permitted Disposal Facility. Failure to comply 1730 with this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor 1731 being in default under this Agreement. 1732 11.08 MFD Recycling Service. This service is governed by the following terms and conditions: 1733 11.08.1 Conditions of Service. Contractor must provide MFD Recycling Service to all MFD 1734 Service Units in the Service Area whose Recyclable Materials are properly containerized in Recycling 1735 Collection Containers except as set forth below, where the Recycling Collection Containers are accessible. 1736 The Maximum Service Rates for Contractor's MFD Recycling Services are set forth in Exhibit 1. 1737 11.08.2 Base MFD Recycling Service. All MFD Service Recipients subscribing to MFD Solid 1738 Waste Collection Service must receive weekly collection of Recycling Materials with a minimum of at least 1739 one 96 -gallon Recycling Cart per Service Recipient and included in the Bundled Rate set forth in Exhibit 1. 1740 The actual configuration of Recycling Collection Container sizes to be provided will be based on the total 1741 equivalent volume and configured in a manner determined by the Service Recipient in consultation with 1742 Contractor. 1743 11.08.3 Overages. Corrugated cardboard that will not ft inside the Recycling Cart may be 1744 placed beside the Recycling Cart if flattened. 1745 11.08.4 Recycling - Improper Procedure. The Contractor is not required to Collect 1746 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1747 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1748 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1749 Contractor must follow the steps set forth in Section 5.07. 1750 11.08.5 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1751 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1752 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1753 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1754 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1755 designate Materials Recovery Facility. 1756 11.08.6 Move In/Out Collection Service. Within three (3) months of opening a new account, 1757 at no additional charge, each MFD customer may request that Contractor provide one on-call Move-In/Out 1758 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1759 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each new DRAFT AGREEMENT.V1 Page 49 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1760 account. This service shall only include Recyclable Materials, and in the event that the Service Recipient 1761 includes Garbage in the materials set out for Collection by Contractor, this service shall be counted as one 1762 of the MFD Service Recipient's free annual Bulky Item Collections as set forth in Section 11.10. 1763 11.08.7 Recycling - Changes to Services. Should changes in Applicable Law arise that 1764 necessitate any additions or deletions to the services described in this Section 11.08, including the type of 1765 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1766 into an Agreement amendment covering such modifications to the services to be performed and the 1767 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1768 to such services. 1769 11.09 MFD Organic Waste Collection Service. This service is governed by the following terms 1770 and conditions: 1771 11.09.1 Base MFD Organic Waste Service. All MFD Service Recipients subscribing to MFD 1772 Garbage Collection Service must receive weekly collection of the equivalent volume of at least one (1) 32- 1773 gallon Green Organic Waste Cart per Service Recipient included in the Bundled Service rate. The actual 1774 configuration of Organic Waste Collection Container sizes to be provided will be based on the total equivalent 1775 volume and configured in a manner determined by the Service Recipient in consultation with Contractor. 1776 Contractor may charge for MFD Organic Waste Collection as set forth in Exhibit 1 for MFD Organic Waste 1777 Service greater than the base 32 -gallon Organic Waste Cart. 1778 11.09.2 Size and Frequency of Service. This service will be provided as deemed necessary 1779 and determined between Contractor and the Service Recipient, but such service must be received no less 1780 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection Service 1781 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1782 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 1783 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 1784 Collection will be determined between the customer and Contractor. However, size and frequency must be 1785 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 1786 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 1787 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 1788 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 1789 Contractor. 1790 11.09.3 Organic Waste Processing Services. Contractor must ensure that all Organic Waste 1791 Collected pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law. 1792 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in 1793 a landfill, except for residue resulting from processing. If the organics processing facility accepts bagged 1794 Organic Waste (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged 1795 Organic Waste. 1796 11.09.4 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1797 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has DRAFT AGREEMENT.V1 Page 50 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1798 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1799 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1800 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1801 City has the right to designate Organic Waste Processing Facility. 1802 11.09.5 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1803 for Collection during the three-week period beginning December 261h each year during the term of this 1804 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1805 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1806 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1807 to divert Holiday Trees with tinsel, flocking or ornaments. 1808 11.09.6 Non -Collection. Contractor is not required to Collect Organic Waste if the Service 1809 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1810 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1811 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1812 11.10 MFD Bulky Waste Collection Service. This service is governed by the following terms and 1813 conditions: 1814 11.10.1 Conditions of Service. Contractor must provide MFD Bulky Waste Collection 1815 Service, including the collection of E -Waste and U -Waste, to all MFD Service Units in the Service Area 1816 whose Bulky Waste, E -Waste, and U -Waste have been placed within three (3) feet of the curb, swale, paved 1817 surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor 1818 and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1819 vehicle. Upon property manager request, up to five (5) times per Calendar Year each Service Recipient is 1820 entitled to receive Bulky Item disposal amounting to a combined annual maximum of the equivalent of (a) 1821 six (6) Bulky Items or (b) ten (10) 32 -gallon bags at no additional cost and expense. For subsequent 1822 collection in any Calendar Year, the Contractor shall receive compensation from the customer at the rate for 1823 such service as set in Exhibit 1. 1824 11.10.2 Frequency of Service. Bulky Item Collection Service will be provided on the next 1825 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1826 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other 1827 Residential Waste. 1828 11.10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1829 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste are not 1830 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1831 11.10.4 Maximum Reuse and Recycling. Contractor must dispose of Bulky Waste collected 1832 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1833 11.10.4.1 Reuse as is (where energy efficiency is not compromised) DRAFT AGREEMENT.V1 Page 51 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1834 11.10.4.2 Disassemble for reuse or Recycling 1835 11.10.4.3 Recycle 1836 11.10.4.4 Disposal 1837 11. 10.5 Disposal of Bulky Waste . Contractor may not landfill such Bulky Waste unless the 1838 Bulky Waste cannot be reused or recycled. 1839 11.10.6 City Direction of Bulky Waste . City reserves the right to direct Contractor to take 1840 specific types of Bulky Waste Collected pursuant to this Section to designated sites not more than twenty 1841 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1842 obligation to dispose of the Bulky Item residue remaining at the directed site or sites after scavengers and 1843 recyclers have removed reusable or recyclable Bulky Waste . 1844 Article 12. Commercial Service 1845 12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1846 Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service 1847 Units and those City Service Units listed in Exhibit 3. MFD Units serviced with Bins will abide by the guidelines 1848 listed in this Section but are serviced as part of the Residential Collection Service. This service is governed 1849 by the following terms and conditions: 1850 12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1851 Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all 1852 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and 1853 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection 1854 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable 1855 Materials, and Organic Waste Carts in 32, 64, and 96 -gallon sizes. Contractor must offer Garbage and 1856 Recyclable Materials Bins in 1, 2, 3, 4, and 6 -cubic yard sizes and 1, 2, and 3 -cubic yard sizes for Organic 1857 Waste Bins. Contractor may offer Roll -off Containers in 10, 20, 30, and 40 -cubic yard sizes, and Collection 1858 from Compactors. The size of the container and the frequency (above the minimum) of Collection will be 1859 determined between the Service Recipient and Contractor. However, the size and frequency must be 1860 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the 1861 Collection Container. The base Commercial Collection Service will include Commercial Recycling Service 1862 as described in Section 12.04.2 below, and Commercial Organic Waste Collection Service as described in 1863 Section 12.05.5 below. 1864 12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, 1865 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient, and including at 1866 no additional cost one (1) 96 -Gallon Blue Recycling Cart and one (1) 32 -Gallon Green Organic Waste Cart 1867 service as part of the base bundled Commercial Collection Service. Additional services may be requested 1868 by the Commercial Service Recipient. To be exempted from Commercial Recycling Service or Commercial DRAFT AGREEMENT.V1 Page 52 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1869 Organic Waste Collection Service, Service Recipient must apply for exemption to the Contractor. All such 1870 exemption applications must be reported in the Waste Reporting System and approved by the City. 1871 12.01.3 Hours of Collection. Commercial Collection Service must be provided commencing 1872 no earlier than 6:00 a.m., and terminating no later than 7:00 p.m., Monday through Saturday, except for 1873 Holidays. If the Commercial Collection Service is adjacent to Residential Premises, then collection service 1874 will be provided no earlier than 7:00 a.m. Monday through Friday and 8:00 a.m. on Saturday. The hours, 1875 day, or both of Collection may be extended due to extraordinary circumstances or conditions with the prior 1876 verbal or written consent of the Agreement Administrator. 1877 12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1878 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide "push 1879 services' and "stinger/scout truck services' as necessary upon request during the provision of Commercial 1880 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to, 1881 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for 1882 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck services 1883 provide for the retrieval of Collection Containers from locations with accessibility constraints that make 1884 Containers difficult or impossible to access using regular trash collection trucks. 1885 12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service 1886 consistent with Section 8.36.030 of the City Municipal Code with as little disturbance as possible and must 1887 leave any Collection Container at the same point it originally located without obstructing alleys, roadways, 1888 driveways, sidewalks or mail boxes. 1889 12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts and 1890 newly painted Bins and Roll -off Containers in good condition that comply with Collection Container 1891 specifications in Exhibit 4. If any changes to these specifications are adopted after the Effective Date that 1892 results in Contractor being required to replace Collection Containers before they have been fully depreciated, 1893 Contractor will be eligible for additional compensation in accordance with Section 30.01.1. 1894 12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service 1895 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 4 to new 1896 Commercial and MFD/MXD Service Units that are added to Contractor's Service Area during the term of this 1897 Agreement. The size and mix of the Collection Containers will be in accordance with the service agreement 1898 obtained by Contractor as set forth in this Agreement and the distribution must be completed within five (5) 1899 Work Days of receipt of the request for service. 1900 12.02.2 Replacement of Collection Containers. Contractor's employees must avoid damage 1901 to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by the 1902 Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no cost or 1903 inconvenience to the Service Recipient. 1904 12.02.2.1 Each Commercial Service Unit is entitled to the replacement of 1905 one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial DRAFT AGREEMENT.V1 Page 53 of 185 RIV #4862-7000-7618 vi DRAFT 5/2/2023 1906 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the 1907 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per 1908 Commercial Service Unit during the initial term of the Agreement, in accordance with the "Collection 1909 Container Exchange" Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a 1910 replacement Collection Container to such Service Unit within five (5) Work Days. 1911 12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection 1912 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such 1913 repairs, Contractor must repair the Collection Container or if necessary, remove the Collection Container for 1914 repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container repair 1915 also includes the removal of graffiti from the Collection Container. 1916 12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service 1917 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection 1918 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible to 1919 receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement. 1920 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1) 1921 Collection Container exchange per Calendar Year, in accordance with the appropriate "Collection Container 1922 Exchange' service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional 1923 Collection Containers or different size Collection Containers are subject to the applicable Service Rate set 1924 forth in Exhibit 1. 1925 12.02.5 Ownership of Collection Containers. Ownership of Collection Containers distributed 1926 by Contractor is vested in Contractor. 1927 12.02.6 Cleaning of Collection Containers. Once each Calendar Year, if requested by the 1928 Commercial Service Unit, Contractor must clean all Collection Containers or must replace the dirty Collection 1929 Containers with clean Collection Containers. Any Collection Container cleanings done at Contractor facility 1930 must be done in such a manner that results in no water entering the City's storm drain system. This service 1931 must be provided at no charge to the Service Unit, so long as the service is not requested more than once 1932 per Calendar Year. In addition, regardless of whether or not this cleaning is requested by the Service Unit, 1933 Contractor will ensure that all Collection Containers are cleaned on an as -needed basis so as to maintain a 1934 clean appearance and proper function. Additional cleanings beyond once each Calendar Year will be subject 1935 to the Service Rate set forth in Exhibit 1. 1936 12.03 Commercial Garbage Collection Service. 1937 12.03.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1938 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in 1939 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1940 12.03.2 Size and Frequency of Service. This service must be provided as deemed 1941 necessary and determined between Contractor and the Commercial Service Unit, but such service must be 1942 received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that DRAFT AGREEMENT.V1 Page 54 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1943 Collection service scheduled to fall on a holiday may be rescheduled as determined between the Service 1944 Unit and Contractor as long as the minimum frequency requirement is met. The size of the container and 1945 the frequency (above the minimum) of Collection will be determined between the Commercial Service Unit 1946 and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be 1947 placed outside the Collection Container. Contractor must provide containers as part of the Commercial 1948 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1949 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and 1950 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers 1951 used by Service Recipients must be owned and supplied by Contractor. 1952 12.03.3 Non -Collection. Contractor is not required to Collect any Commercial Solid Waste 1953 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the 1954 Garbage Collection Container because of overflow. In the event of non -collection or overflow, Contractor 1955 must follow the steps as set forth in Section 5.13. 1956 12.03.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial 1957 Solid Waste Integrated Solid Waste Handling Services must be transported to, and disposed of, at the 1958 Disposal Facility. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and 1959 dispose of Solid Waste at another legally permitted disposal facility. Failure to comply with this provision will 1960 result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under 1961 this Agreement. City has the right to designate Disposal Facility and agrees to adjust Maximum Service 1962 Rates to reflect City's exercise of flow control rights. 1963 12.04 Commercial Recycling Service. This service is governed by the following terms and 1964 conditions: 1965 12.04.1 Conditions of Service. Contractor must provide Commercial Recycling Service to all 1966 Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in 1967 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are 1968 accessible. The Maximum Service Rates for Contractor's Commercial Recycling Services are set forth in 1969 Exhibit 1. 1970 12.04.2 Base Commercial Recycling Service All Commercial Service Recipients 1971 subscribing to Commercial Solid Waste Collection Service must receive weekly collection of Recycling 1972 Materials with a minimum of at least one 96 -gallon Blue Recycling Cart per Service Recipient at no additional 1973 cost as part of the base service and included in the Bundled Rate set forth in Exhibit 1. The actual 1974 configuration of Recycling Collection Container sizes to be provided will be based on the total equivalent 1975 volume and configured in a manner determined by the Service Recipient in consultation with Contractor. 1976 12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary 1977 and determined between Contractor and the Service Recipient, but such service must be received no less 1978 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1979 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1980 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection DRAFT AGREEMENT.V1 Page 55 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1981 Container at the option of the Service Recipient. The size of the Collection Container and the frequency 1982 (above the minimum) of Collection will be determined between the Service Recipient and Contractor. 1983 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 1984 outside the Collection Container. Contractor may charge for Commercial Recycling Services above the 1985 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled 1986 Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1987 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1988 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1989 by Service Recipients must be owned and supplied by Contractor. 1990 12.04.4 Recycling - Improper Procedure Contractor is not required to Collect Recyclable 1991 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid Waste 1992 and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are 1993 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1994 Contractor must follow the steps as set forth in Section 5.07. 1995 12.04.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 1996 performing Recycling Services must be delivered to the Materials Recovery Facility listed in Exhibit 9. Failure 1997 to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in 1998 Contractor being in default under this Agreement. All expenses related to materials processing and 1999 marketing will be the sole responsibility of Contractor. City has the right to designate Materials Recovery 2000 Facility and agrees to adjust Maximum Service Rates to reflect City's exercise of flow control rights. 2001 12.04.6 Recycling - Changes to Work. Should changes in law arise that necessitate any 2002 additions or deletions to the work described herein including the type of items included as Recyclable 2003 Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 2004 amendment covering such modifications to the work to be performed and the compensation to be paid in 2005 accordance with Section 30.01.1 before undertaking any changes or revisions to such work. 2006 12.04.7 Compliance with AB 341 & SB 1383 Contractor will develop and maintain its 2007 Commercial Recycling Service in a manner designed to assist City and the Service Recipients to achieve 2008 and maintain compliance with the Applicable Law, inclusive of AB 341 and SB 1383. Contractor will notify 2009 Commercial Service Recipients of the requirements to comply with the laws by November 2023, and not 2010 less than annually thereafter. Contractor must provide the necessary volume of Collection Service to 2011 Commercial Service Units to be in full compliance with the Applicable Law. In conjunction with the City's 2012 ordinance supporting full compliance with the Applicable Law, inclusive of AB 341 and SB 1383 by 2013 Commercial Service Units (i.e., "generators"), Contractor will conduct in-person outreach to all non - 2014 participating commercial covered generators a minimum of once per calendar year. Failure to conduct such 2015 outreach will result in a penalty as specified in Exhibit 6. 2016 12.04.8 Additional Recycling Collection containers Contractor must provide additional 2017 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within 2018 five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that DRAFT AGREEMENT.V1 Page 56 of 185 RN #4862-7000-7618 vt DRAFT 5/2/2023 2019 additional Collection Containers are used by Service Recipients for the purposes of setting out additional 2020 Recyclable Materials for regular weekly Commercial Recycling Service. 2021 12.05 Commercial Organic Waste Collection Service This service is governed by the following 2022 terms and conditions: 2023 12.05.1 Conditions of Service. Contractor must provide Commercial Organic Waste 2024 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly 2025 containerized in Organic Collection Containers, where the Organic Waste Collection Containers are 2026 accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the 2027 specific materials to be included the Service Recipient's Organic Waste Collection (i.e., Food Waste, Green 2028 Waste, combined Food and Green Waste). Contractor will charge for collection of Organic Waste within the 2029 Bundled Service rate specified in Exhibit 1. For Organic Waste collected in Collection Containers beyond 2030 the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 1. 2031 Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts, 2032 and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service 2033 Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit 2034 1. Contractor will provide a sufficient number of Collection Containers and at a collection frequency to allow 2035 for any such Service Unit to utilize the collection of Organic Waste. Commercial Organic Waste Collection 2036 will occur Monday through Saturday upon request and as necessary. City shall provide Contractor a list of 2037 the names and addresses of Commercial Service Units that are approved by City for exemption from Organic 2038 Waste Collection. 2039 12.05.2 Organic Waste Processing Services. Contractor must ensure that all Organic Waste 2040 Collected pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law. 2041 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in 2042 a landfill, except for residue resulting from processing. If the organics processing facility accepts bagged 2043 organic waste, then Contractor is obligated to accept bagged Organic Waste. 2044 12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 2045 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 2046 station listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 2047 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 2048 Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to 2049 designate Organic Waste Processing Facility and agrees to adjust Maximum Service Rates to reflect City's 2050 exercise of flow control rights. 2051 12.05.4 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 2052 collection frequency requirements as they may apply during the term of this Agreement. If any such changes 2053 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce the 2054 frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its collection 2055 costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must provide 2056 City with its estimate of reduced its costs and shall make adjustments to the Maximum Service Rates, DRAFT AGREEMENT.V1 Page 57 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2057 12.05.5 Base Commercial Organic Waste Service All Commercial Service Recipients 2058 subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent 2059 volume of at least one (1) 32 -gallon Green Organic Waste Cart per Service Recipient at no additional cost 2060 as part of the base service included in the Bundled Service rate. The actual configuration of Organic Waste 2061 Collection Container sizes to be provided will be based on the total equivalent volume and configured in a 2062 manner determined by the Service Recipient in consultation with Contractor. Contractor may charge for 2063 Commercial Organic Waste Collection as set forth in Exhibit 1 for Commercial Organic Waste Service 2064 greater than the base 32 -gallon Organic Waste Cart. 2065 12.05.6 Size and Frequency of Service This service will be provided as deemed necessary 2066 and determined between Contractor and the Service Recipient, but such service must be received no less 2067 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 2068 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 2069 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 2070 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 2071 Collection will be determined between the customer and Contractor. However, size and frequency must be 2072 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 2073 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 2074 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 2075 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 2076 Contractor. 2077 12.05.7 Organic Waste - Improper Procedure Contractor is not required to Collect Organic 2078 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 2079 Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through 2080 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow 2081 the steps set forth in Section 5.07. 2082 12.05.8 Orqanic Waste - Changes to Services Should changes in law arise that necessitate 2083 any additions or deletions to the services described in this Section including the type of items included as 2084 Organic Waste, the parties will negotiate any necessary cost changes and will enter into an Agreement 2085 amendment covering such modifications to the services to be performed and the compensation to be paid 2086 in accordance with Section 30.01.1 before undertaking any changes or revisions to such services. 2087 12.05.9 Compliance with AB 1826 & SB 1383 Contractor will develop and maintain its 2088 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients 2089 to achieve and maintain compliance with Applicable Law inclusive of AB 1826 and SB 1383. Contractor will 2090 notify non-exempt covered businesses of the requirements to comply with the Applicable Law in November 2091 2023, and no less than annually thereafter. Contractor will offer to provide the volume of collection service 2092 that covered businesses require to be in compliance with the law. In conjunction with the City's ordinance 2093 supporting full compliance with the Applicable Law inclusive of AB 341, SB 1383 and AB 827 by Commercial 2094 Service Units (i.e., "generators'), Contractor will conduct in-person outreach to all non -participating non - 2095 exempt commercial covered generators as specified in Section 20.02. Failure to conduct such outreach will 2096 result in a penalty as specified in Exhibit 6. DRAFT AGREEMENT.V1 Page 58 of 185 RIV #4862-7000-7618 v1 DRAFT 57212023 2097 12.05. 10 Additional Organic Waste Collection Containers Contractor must provide 2098 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided 2099 that additional Collection Containers are used by Service Recipients for the proposes of setting out additional 2100 Organic Waste materials for regular weekly Organic Waste Collection Service. 2101 Article 13. Mixed Use Dwelling Service (MXD) 2102 13.01 MXD Collection Service. As in Section 12.01. 2103 13.02 MXD Solid Waste Collection Service. As in Section 12.03. 2104 13.03 MXD Recycling Service. As in Section 12.04. 2105 13.04 MXD Move In/Out Collection Service. As in Section 10.08.4. 2106 13.05 MXD Organic Waste Collection Service As in Section 12.05. 2107 13.06 MXD Bulky Waste Collection Services As in Section 10.10; Contractor may charge Service 2108 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1. 2109 Article 14. City Services 2110 14.01 City Collection Services. 2111 14.01.1 Contractor shall provide Garbage, Recycling, and Organic Waste Collection 2112 Services to all City Service Units set forth in Exhibit 3, or as City may designate in the future (and where 2113 applicable, subject to the conditions in this Section), where the Containers are not blocked and are 2114 accessible by Contractor's Collection Vehicles. 2115 14.01.2 Bulky Waste Collection Service. Contractor shall collect Bulky Waste , including E- 2116 Waste and Universal Waste, from City Services Units as listed on Exhibit 3 on an on-call basis on the same 2117 terms and conditions as are provided to SFD Service Units per Section 10.10. 2118 14.01.3 City Transit Shelters. Contractor shall provide Garbage collection services to public 2119 trash cans and City -owned bus stops not less than three(3) days per week. Collection service at City Transit 2120 Shelters shall include power washing public trash cans and maintaining cleanliness in and around the trash 2121 cans on an annual basis. City Transit Shelter Garbage collection service areas are specified in Exhibit 3. 2122 14.01.4 Development Review. Contractor, upon City's request, shall assist the City in the 2123 review of applicants' plans for projects covered by Public Resources Code § 42911, including commercial 2124 and multi -family projects, to provide for effective and economical accumulation and collection of Solid Waste. 2125 14.01.5 Abandoned Waste Removal. Within one (1) Work Day of a request from the 2126 Agreement Administrator, Contractor shall provide abandoned waste removal services. Contractor shall be 2127 responsible for loading or arranging for loading of abandoned waste. Contractor shall collect, transport and DRAFT AGREEMENT.V1 Page 59 of 185 RIV #4862-7000-7618 Vi DRAFT 5/2/2023 2128 deliver abandoned waste to a Disposal Facility, the Materials Recovery Facility, or Organics Processing 2129 Facility, as appropriate given the characteristics of the abandoned waste. Contractor shall collect, transport 2130 and process the abandoned waste from up to sixty (60) illegal dumping locations identified by the City each 2131 Agreement Year at no charge to the City. Contractor shall be entitled to charge the City for collected materials 2132 exceeding sixty (60) collections per Agreement Year in accordance with the Service Recipient Rates as set 2133 forth in Exhibit 1. 2134 14.02 City Collection Conditions of Service. City Collection Services shall be governed by the 2135 following terms and conditions: 2136 14.02.1 Contractor's Good Will. In exchange for the good will of the City and the general 2137 public, Contractor voluntarily agrees to provide Integrated Solid Waste Handling Services under this Article 2138 at no cost to the City excepting excess service as provided in this Article, and warrants that such service 2139 shall neither impact the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service 2140 Recipients. 2141 14.02.2 Contractor shall receive written permission from the City before placing any 2142 Collection Containers on City owned property for service, except that no such permission shall be needed 2143 to place Collection Containers at locations specified for such Containers in Exhibit 3. 2144 14.02.3 Contractor shall limit the number of trips and the path of travel for Collection 2145 Vehicles in City parking lots. 2146 14.02.4 Container Service. City Facilities shall be provided Integrated Solid Waste Handling 2147 Services generally subject to the same terms and conditions as similar Service Units regarding Container 2148 specifications, repair, replacement, cleanings, and exchange; provided the City shall not be charged for any 2149 requests for such services. 2150 14.02.5 Frequency of Service. The frequency of collection may be designated by the City, 2151 but not to exceed six (6) times per week per container. City may change the City Service Units receiving 2152 service, and the container volume and Collection frequency provided to any City Service Unit, by written 2153 notice to Contractor. 2154 Article 15. Additional Services 2155 15.01 Good Corporate Citizenship Programs. Contractor will provide the following good corporate 2156 citizenship programs, partnerships, and collaboration efforts to the Rosemead community. 2157 15.01.1 Collection for City Sponsored Events. Contractor will provide Garbage, Recycling, 2158 and Organic Waste Collection Services at all City sponsored events, including, but not limited to the 4th of 2159 July Event, Moon Festival Event, and Fall Fiesta Event. 2160 15.01.2 Compost Giveaway. At no cost to City, Contractor shall provide, at a minimum, 60 2161 tons of compost or mulch, or a combination of the two, for compost giveaways twice per year. City Manager 2162 and Contractor shall agree upon the times and location for these two giveaways. Compost or mulch that DRAFT AGREEMENT.V1 Page 60 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 2163 satisfies the definition of recovered organic waste products under SB 1383 shall be used to satisfy the City's 2164 SB 1383 procurement requirements. 2165 15.01.3 Paper Shred Days. Two times per Calendar Year, at no additional cost to the City 2166 or its residents, Contractor shall conduct a free paper shredding event at a location and time agreed upon 2167 by the Parties. At each event, all City residents will be permitted to deliver an unlimited amount of paper for 2168 shredding free of charge by Contractor. Contractor shall arrange for all shredded paper generated by each 2169 event to be processed in such a manner so as to ensure the diversion of this material from landfilling. 2170 15.01.4 Public Education and Outreach. Contractor shall provide public education and 2171 outreach to residents and businesses in the City through quarterly newsletters, semi-annual billing inserts, 2172 commercial and multi -family recycling workshops, and technical assistance. Outreach and education 2173 services are further described in Exhibit 11. 2174 15.01.5 Rosemead High School Scholarship Program. Contractor shall develop a school 2175 outreach program including, at a minimum, the sponsorship of five (5) annual scholarships of one thousand 2176 dollars ($1,000) each for high school students that reside in the City and are interested in environmental 2177 sciences and sustainability issues. The scholarships shall be awarded based on an essay contest which 2178 shall be judged jointly by Contractor and City. 2179 15.01.6 "Serve Rosemead" Community Quality of Life Cleanup Events. Contractor shall be 2180 committed to volunteer a minimum of one "Serve Rosemead" landscaping, clean-up, or beautification 2181 projects annually over the Agreement term. 2182 15.01.7 Annual Dumpster Day. Contractor shall host an annual, "Dumpster Day," at no 2183 additional cost to the City or its residents. Contractor shall conduct a the "Dumpster Day" event at a location 2184 and time agreed upon by the Parties. 2185 15.01.8 Software Tracker. Contractor shall provide City with access to a software, such as 2186 Recyclist, that (a) allows City to readily access and download the information that Contractor has provided, 2187 (b) Contractor pays for the cost of the licensing or contracting for use of the system by City, including at least 2188 one (1) license for a City user, and (c) the software vendor enters into an agreement with Contractor 2189 reasonably acceptable to Contractor that requires the vendor (and its affiliates, successors and any future 2190 acquiror) to: maintain adequate data security and indemnify City to the same extent as it indemnifies 2191 Contractor. 2192 15.01.9 Public Outreach Fund. Funds provided by Contractor for the Public Outreach 2193 Program shall be at least $20,000 annually for sponsorships and charitable giving to community 2194 organizations. 2195 Article 16. Collection Routes 2196 16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2197 defining Collection routes, together with the days and the times at which Collection will regularly commence. DRAFT AGREEMENT.V1 Page 61 of 185 RIV #4862-7000-7618 vt DRAFT 5/2/2023 2198 16.02 Initial Route Changes Contractor agrees not to change any Residential Integrated Solid 2199 Waste Handling Services routes in effect as of the Effective Date of this Agreement prior to July 1, 2024, 2200 except for limited route changes that may be necessary for new development, and subject to review and 2201 approval by the City. After July 1, 2024, if any re-routing of Residential Integrated Solid Waste Handling 2202 Services is necessary for collection efficiency, Contractor may submit to City, in writing, proposed route 2203 changes (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2204 implementation. Any such initial routing change may not affect more than ten percent (10%) of SFD Service 2205 Units in the City and is subject to City review and approval. 2206 16.03 Future Service Route Changes Contractor must submit to City, in writing, any proposed 2207 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2208 implementation. Contractor may not implement any route changes without the prior review of the Agreement 2209 Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify 2210 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date 2211 of implementation. 2212 16.04 Collection Route Audits. City reserves the right to conduct audits of Contractor's Collection 2213 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2214 agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits. 2215 Contractor has no responsibility or liability for the salary, wages, benefits or worker compensation claims of 2216 any person designated by the Agreement Administrator to conduct such audits. 2217 Article 17. Minimum Performance Standards 2218 17.01 Billing Audit and Performance Reviews 2219 17.01.1 Contractor Shall Review its Billings to all Customers The purpose of the review is 2220 to determine that the amount which the Contractor is billing each Customer is correct regarding the level of 2221 service (i.e., frequency of collection, size of container, location of container) at the rates approved by City 2222 Council resolution. The Contractor shall review Customer accounts not less than annually and provide a 2223 written certification to the City that all such billing is correct. The documentation of the review, as well as 2224 verification that any errors have been corrected should be provided to the City annually. 2225 17.01.2 Selection and Cost. City may conduct billing audit and performance reviews 2226 (together, `reviews") of Contractor's performance during the term of this Agreement, as provided herein. The 2227 reviews will be performed by the City or a qualified firm under contract to City. City will have the final 2228 responsibility for the selection of the firm. City may conduct reviews at any time during the term of the 2229 Agreement. City and Contractor agree to each pay one hundred -percent (100%) of the cost of the audits 2230 and performance reviews provided for under Section 17.01. 2231 17.01.2.1 Full Reviews During Term City may conduct two (2) full reviews 2232 with costs apportioned as stated in Section 17.01.2 during the I Term of this Agreement. The purpose of 2233 these full reviews will be as described in Section 17.01.3 below. DRAFT AGREEMENT.V1 Page 62 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2234 17.01.3 Purpose. The reviews will be designed to verify that customer billing rates have 2235 been properly calculated and they correspond to the level of service received by the customer, verify that 2236 Contractor is correctly billing for all services provided, Franchise Fees and other fees required under this 2237 Agreement have been properly calculated and paid to City, verify Contractor's compliance with the reporting 2238 requirements and performance standards of this Agreement, verify the diversion percentages reported by 2239 Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize 2240 a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2241 documents, on-site and field observations, and interviews. City (or its designated consultant) will review and 2242 document the items in the Agreement that require Contractor to meet specific performance standards, submit 2243 information or reports, perform additional services, or document operating procedures, that can be 2244 objectively evaluated. This information will be documented and be formatted in a "compliance checklist" with 2245 supporting documentation and findings tracked for each of the identified items. The review will specifically 2246 include a determination of Contractor's compliance with the diversion requirements of Article 8, and the 2247 public outreach and education requirements of Article 20. City (or its designated consultant) may review the 2248 customer service functions and structure utilized by Contractor. This may include Contractor's protocol for 2249 addressing customer complaints and service interruption procedures. Complaint logs may be reviewed, 2250 along with procedures and systems for tracking and addressing complaints. On-site and field observations 2251 by City (or its designated consultant) may include, but are not necessarily limited to: 2252 17.01.3.1 Interviews and discussions with Contractor's administration and 2253 management personnel; 2254 17.01.3.2 Review and observation of Contractor's customer service functions 2255 and structure; 2256 17.01.3.3 Review of public education and outreach materials; 2257 17.01.3.4 Interviews and discussions with Contractor's financial and accounting 2258 personnel; 2259 17.01.3.5 Interviews with route dispatchers, field supervisors and managers; 2260 17.01.3.6 Interviews with route drivers; 2261 17.01.3.7 Interviews with vehicle maintenance staff and observation of 2262 maintenance practices; and 2263 17.01.3.8 Review of on -route Integrated Solid Waste Handling Services, 2264 including observation of driver performance and collection productivity 2265 and visual inspection of residential routes before and after collection 2266 to evaluate cart placement and cleanliness of streets. 2267 17.01.4 Contractor's Cooperation. Contractor shall cooperate fully with the review and 2268 provide all requested data, including operational data, financial data, and other data reasonably requested 2269 by City within fifteen (15) Work Days of the request. DRAFT AGREEMENT.V1 Page 63 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2270 17.01.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2271 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this 2272 Agreement and such non-compliance is material, Contractor is subject to administrative fees and penalties 2273 as described in Exhibit 6 as well as reimbursement to the City for the full cost of the audit plus any 2274 underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit and 2275 Performance Review beyond the two (2) specified in Section 17.01.2, to ensure that Contractor has cured 2276 any such area of non-compliance. Contractor will be responsible for the cost of any such Additional Billing 2277 Audit and Performance Review for a maximum cost of One -hundred Twenty Thousand Dollars ($120,000) 2278 (starting on July 1, 2024 and each January 1s' thereafter, with the maximum cost for the review adjusted 2279 annually by the change in the CPI). For the purposes of a determination of non-compliance under this 2280 Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed material. 2281 17.01.6 City Requested Program Review. City reserves the right to require Contractor to 2282 periodically conduct reviews of the Garbage, Recycling, and Organic Waste Collection Service programs, 2283 provided that such reviews are reasonable and can be accomplished at no additional cost to Contractor and 2284 without interfering with Contractor's operations. Such reviews could assess one or more of the following 2285 performance indicators: average volume of Recyclable Materials per setout per customer, average volume 2286 of Organic Waste per setout per customer, participation level, contamination levels, etc. Prior to the program 2287 evaluation review, City and Contractor will meet and discuss the purpose of the review and agree on the 2288 method, scope, and data to be provided by Contractor. 2289 17.02 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 2290 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2291 investigate customer participation levels and setout volumes and/or evaluate and monitor program results 2292 related to Garbage, Recyclable Materials and Organic Waste collected in City by Contractor, provided that 2293 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 2294 Contractor's operations. 2295 Article 18. Collection Equipment 2296 18.01 General Provisions. All equipment used by Contractor in the performance of services under 2297 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2298 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be 2299 designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers must 2300 be closed on top and on all sides with screening material to prevent collected materials from leaking, blowing 2301 or falling from the vehicles. All trucks and containers must be watertight and must be operated so that liquids 2302 do not spill during Collection or in transit. 2303 18.02 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use compactor 2304 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2305 gases from pressurized appliances. 2306 18.03 Collection Vehicles. Contractor must use Collection Vehicles as listed in the schedule 2307 included in Exhibit 5 and may not use any Collection Vehicle that is more than fifteen (15) years old during DRAFT AGREEMENT.V1 Page 64 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2308 the term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its 2309 address within the City, and shall report all purchases of Collection Vehicles under this Agreement as 2310 attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon ("alternative') fuel, 2311 which must be renewable natural gas, LNG, CNG, or electric unless otherwise pre- authorized by the City in 2312 writing. Contractor shall transition all of its franchise residential and commercial collection vehicles to 2313 renewable natural gas (RNG) by December 31, 2025. If during the term of the Franchise Agreement, new 2314 technologies are available such as hybrid or electric powered collection vehicles, the City or the Contractor 2315 may request/negotiate implementation of such new collection vehicles, with a corresponding change to the 2316 Maximum Service Rates to reflect additional cost or savings. During the Term, to the extent required by law, 2317 Contractor shall provide its Collection Vehicles to be in full compliance with all Applicable Laws, including 2318 State and Federal clean air requirements that are adopted or proposed to be adopted, including, but not 2319 limited to, the California Air Resources Board Heavy Duty Engine Standards as currently proposed to be 2320 contained in California Code of Regulations, title 13, sections 2020 et seq., the Federal EPA's Highway Diesel 2321 Fuel Sulfur regulations and all other applicable air pollution control laws. 2322 18.04 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with GPS 2323 tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. 2324 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary 2325 for City to track the location of Collection Vehicles in real time and to generate reports as needed. By no later 2326 than August 1, 2025, Collection Vehicles must also be fitted with cameras that are programmed to take 2327 photos, date and location stamped, to document violations, including contamination, overfilling, and lids not 2328 closed. GPS and camera data must be accessible by City. 2329 18.05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use 2330 any Collection Vehicle in violation of weight limitations in Applicable Law including any weight limitation placed 2331 on any public roadway or alley as adopted and posted by City. The Contractor may exceed the Collection 2332 Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the prior written 2333 consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor must report 2334 all instances of overweight vehicles to City as part of its quarterly Franchise Fee submittal described in Section 2335 4.03, and as part of its Annual Reports to the City described in Section 22.03. Contractor may be assessed 2336 administrative charges as specified in Exhibit 6 as a result of exceeding an overweight vehicle rate of five 2337 percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight vehicle rate will be 2338 calculated as the total number of overweight Collection Vehicle instances during the Calendar Year, divided 2339 by the total number of Collection Vehicle loads transported during the Calendar Year. Prior to collecting 2340 administrative charges for overweight vehicles, the City shall afford Contractor a reasonable opportunity to 2341 provide the Agreement Administrator documentation of the extraordinary circumstance that caused the 2342 overweight vehicles. Extraordinary circumstances in this particular case include, but may be limited to, heavy 2343 rains or high winds that caused excess Green Waste to be generated, rain to accumulate in open Collection 2344 Containers, or normal Collection routes to be delayed or shortened to extreme weather conditions. The 2345 Agreement Administrator shall have authority to consider Contractor's documentation and uphold and collect 2346 the assessed charge, to reduce the charge, or waive and dismiss the charge. The Agreement Administrator 2347 shall also have the authority to waive charges in advance of an anticipated, or in response to and actual, 2348 emergency event. DRAFT AGREEMENT.V1 Page 65 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2349 18.06 Registration; Inspection. All vehicles used by Contractor in providing Integrated Solid 2350 Waste Handling Services under this Agreement, except those vehicles used solely on Contractor's premises, 2351 are to be registered with the California Department of Motor Vehicles. In addition, each such vehicle must be 2352 inspected by the California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of 2353 a request from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance 2354 log and any safety compliance report, including, but not limited to, any report issued under California Vehicle 2355 Code sections 34500 and following, as well as the biennial "BIT" inspections conducted by the California 2356 Highway Patrol. 2357 18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2358 markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and 2359 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2360 Code, as may be amended from time to time. 2361 18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2362 repetition and must have Contractor's name, Contractor's customer service telephone number, and the 2363 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2364 the rear of each vehicle. All Collection Vehicles shall display the words "Servicing the City of Rosemead" 2365 in letters no less than two inches (2") high and the City Seal. No advertising is permitted other than the name 2366 of Contractor, its logo and registered service marks, except promotional advertisement of the Recyclable 2367 Materials and Organic Waste programs, which is encouraged. City to approve any promotional material of 2368 the Recyclable Materials and Organic Waste Programs affixed to or painted on Contractor's Collection 2369 Vehicles and may require such promotion to be utilized from time to time to encourage correct recycling, 2370 reduce contamination, and provide relevant education. Contractor must repaint all vehicles (including vehicles 2371 striping) during the term of this Agreement on a frequency as necessary to maintain a positive public image 2372 as reasonably determined by the Agreement Administrator, but not less often than once every five years. 2373 18.09 Bin and Roll -off Signage, Painting, and Cleaning. All metal bins and Roll -offs of any service 2374 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll -offs must 2375 display Contractor's name, Contractor's customer service telephone number, and the number of the Bin or 2376 Roll -off and must be kept in a clean and sanitary condition. Bins and Roll -offs should be free of dents and 2377 graffiti, new at the start of this Agreement, and painted as needed to maintain an orderly appearance 2378 throughout the term of the Agreement, but not less frequently than once every three years. Bins and Roll -offs 2379 may be subject to periodic, unscheduled inspections by City and determination as to sanitary condition will 2380 be made by City. 2381 18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2382 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2383 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2384 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California 2385 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2386 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2387 and reports available for inspection upon request by the Agreement Administrator. DRAFT AGREEMENT.V1 Page 66 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2388 18.10.1 No later than annually, Contractor must submit to the Agreement Administrator 2389 verification that each of the Contractor's Collection Vehicles has passed the California Heavy Duty Vehicle 2390 Inspection. Thereafter, Contractor must cause each vehicle in Contractor's Collection fleet to be tested 2391 annually in the California Heavy Duty Inspection Program and must, upon request, submitwritten verification 2392 to City within ten (10) Work Days of the completion of such test. Contractor may not use any vehicle that 2393 does not pass such inspection. 2394 18.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean 2395 condition and in good repair at all times. All parts and systems of the Collection equipment must operate 2396 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles 2397 at least once a week. 2398 18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2399 The log must at all times be accessible to City by physical inspection upon request of Agreement 2400 Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date 2401 purchased or initial lease, dates of performance of routine maintenance, dates of performance of any 2402 additional maintenance, and description of additional maintenance performed. 2403 18.13 Equipment Inventory. On or before January 1, 2024, Contractor shall provide to City an 2404 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2405 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2406 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of 2407 fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the 2408 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement 2409 Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request 2410 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as 2411 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied 2412 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement. 2413 18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2414 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2415 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2416 contractual duties. 2417 18.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate with the 2418 City to meet its Recovered Organic Waste Product procurement target, as defined in and required by 2419 Applicable Law. In support of that objective the City will receive any applicable SB 1383 Recovered Organic 2420 Waste Product procurement credits for all RNG used by the Contractor to power Contractor's Collection 2421 vehicles as allowed by the Applicable Law and within the time provided therein. 2422 Article 19. Contractor's Office 2423 19.01 Contractor's Office. Contractor shall maintain an office in the City of Rosemead, California 2424 that is accessible to persons with disabilities as required by the Americans with Disabilities Act (ADA). Such DRAFT AGREEMENT.V1 Page 67 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2425 office must be equipped with enough telephones that all Collection Service -related calls received during 2426 normal business hours are answered by an employee within five (5) rings. The office must have responsible 2427 persons in charge during Collection hours and must be open during such normal business hours, 7:00 a.m. 2428 to 6:00 p.m. on Monday through Friday and Saturday from 8 a.m. to 12 p.m. and during Collection Service 2429 hours. Contractor must provide either a local or toll-free telephone number that connects to the call center 2430 described in Section 19.02, and a telephone answering service or mechanical device to receive Service 2431 Recipient inquiries during those times when the office is closed. Calls received after normal business hours 2432 must be addressed the next Work Day morning. 2433 19.02 Customer Service Call Center. Contractor must maintain a Customer Service call center 2434 within the United States. Such office must be equipped with enough telephones that all customer service - 2435 related calls received during normal business hours, 7:00 a.m. to 6:00 p.m. on Monday through Friday and 2436 Saturday during Collection Service hours from 8 a.m. to 12 p.m., are answered by an employee within five 2437 (5) rings. 2438 19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2439 emergency phone number where the Contractor can be reached outside of the required office hours. 2440 19.04 Multilingual/TDD Service. Contractor must always maintain the capability of responding to 2441 telephone calls in English, Spanish, Mandarin, Vietnamese, and such other languages as City may direct. 2442 Contractor must always maintain the capability of responding to telephone calls through Telecommunications 2443 Device for the Deaf (TDD) Services. 2444 19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2445 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record all 2446 calls including any inquiries, service requests and complaints into a customer service log. 2447 19.05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2448 Any call "on -hold" in excess of 1.5 minutes must have the option to remain "on -hold" or request a "call-back' 2449 from a customer service representative. Contractor's customer service representatives must return Service 2450 Recipient calls. For all messages left before 3:00 p.m., all "call backs' must be attempted a minimum of one 2451 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all 'ball backs" must be 2452 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three 2453 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service 2454 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service 2455 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the 2456 Contractor has attempted to return the call. 2457 Article 20. Contractor Support Services 2458 20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least two 2459 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct 2460 site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion 2461 requirements and to meet State mandates associated with Applicable Law and all amendments and related DRAFT AGREEMENT.V1 Page 68 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2462 subsequent legislation. The Sustainability/Compliance Representatives shall be available as needed to meet 2463 with the City and conduct site visits to implement Recycling and Organics programs in the Service Area at 2464 least four days a week throughout the year. City may request monthly meetings with Contractor to discuss 2465 problems or issues such as Collection or Recycling programs, Billing or Service Recipient service issues, and 2466 day to day operations. City and Contractor agree to meet and confer to reevaluate the ongoing need for two 2467 dedicated full-time Sustainability/Compliance Representatives on or around August 1, 2025. 2468 20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit 2469 and implement an annual (Calendar Year) Sustainability and Compliance Plan ("Plan"), which will guide 2470 Contractor's staffs' work efforts. This Plan will include measures to meet diversion targets, increase diversion, 2471 and increase participation of Service Recipients in recycling and organics diversion programs, and should 2472 target certain Recyclable Materials or "problem" areas, including recycling and organics sorting and 2473 contamination, within Contractor's Service Area where improvements can be maximized. Planned outreach 2474 and education services, and outreach materials should be included as part of the Plan and updated annually. 2475 Targets of outreach should be based on local trends and recycling patterns from data obtained by both the 2476 City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education 2477 services throughout the term of this Agreement by providing outreach materials to Service Recipients 2478 electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to the 2479 Commencement Date and by July 1 st each year thereafter for the term of the Agreement. City shall review 2480 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final 2481 Plan to City by September 1, 2023 for first year and then each year thereafter for the term of the Agreement. 2482 Contractor's Plan is provided in Exhibit 10. The Sustainability and Compliance Plan must include the 2483 following: 2484 20.02.1 City -Specific Website. Contractor shall maintain a City -specific website that fully 2485 explains the Contractor's current services and rates, the diversion options available, and allows Service 2486 Recipients to submit service changes, inquiries, complaints or queries. The website must describe and 2487 promote the use of the available Recyclable Materials and Organics services. Contractor's local website 2488 must provide information specific to the City's programs. Contractor will ensure that information provided on 2489 the website is maintained and up-to-date. Content will include proper container set out, educational 2490 materials, newsletters and program descriptions. Website shall be in English, Spanish, Mandarin, and 2491 Vietnamese. 2492 20.02.2 Recycling Resources. Contractor shall maintain accurate list of recyclable materials 2493 on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, collaborate, 2494 and coordinate its recycling outreach and educational materials and activities with the City and incorporate 2495 the City's input on the Contractor's recycling resources and programs. 2496 20.02.3 School Education and Outreach. Contractor shall develop and utilize a program to 2497 educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational 2498 information should include brochures, school resources such as recycling curriculums, kid's activity flyers, 2499 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational 2500 material, and conduct onsite outreach annually to all school campuses in the franchise area. Materials must 2501 be approved by City before distribution. Examples include: Recyclable Materials list, Recycling tips, battery DRAFT AGREEMENT.V1 Page 69 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2502 and bulb education, Food Waste collection and donation, and HHW education. Educational material shall 2503 be distributed to campuses by mail and/or in person on or before September 30th annually, and site visits 2504 must be completed by November 30tH 2505 20.02.4 MORe Compliance Notices. Contractor shall send Mandatory Organics Recycling 2506 (MORe) compliance notices quarterly to all eligible Commercial entities and MFDs/MXDs that do not 2507 subscribe to Organic Waste Collection Service with the Contractor, and/or do not provide an alternate 2508 method for Diverting Organic Waste, in conformance with Applicable Law, including SB 1383 and AB 1826. 2509 These notices shall also notify businesses of requirements under AB 827. Contractor shall mail notifications 2510 quarterly on or before the last day of the month following the end of the quarter. 2511 20.02.5 MCR Compliance Notices. Contractor shall send Mandatory Commercial Recycling 2512 (MCR) compliance notices quarterly to all eligible Commercial entities and MFD's that do not subscribe to 2513 recycling collection service with the Contractor, and/or do not provide an alternate method for diverting 2514 recyclable materials, in conformance with AB 341. These notices shall also notify businesses of 2515 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the 2516 month following the end of the quarter. 2517 20.02.6 MORe Site Visits. Contractor shall conduct site visits to all eligible Commercial 2518 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2519 businesses that subscribe to Organics Collection Service and every year for businesses that do not 2520 subscribe to organics collection service in conformance with SB 1383 and AB 1826. Contractor shall conduct 2521 visits on or before June 301h. 2522 20.02.7 MCR Site Visits. Contractor shall conduct site visits to all eligible Commercial 2523 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2524 businesses that subscribe to Recycling Collection Service and every year for businesses do not subscribe 2525 to Recycling Collection Service with the Contractor. Contractor shall conduct visits on or before June 30". 2526 20.02.8 Waste Audits. Contractor shall complete Recycling and Solid Waste audits for 2527 twenty (20) Commercial or MXD Service Recipients per month and provide recommendations to customers 2528 on how to improve overall resource efficiency. 2529 20.02.9 Compliance Reporting. Contractor shall report contaminations and overage issues 2530 via the City's Waste Reporting System. 2531 20.02.10Right-sizing Containers. Contractor must right -size Collection Containers to 2532 maximize diversion from SFD, MFD, MXD and Commercial Service Recipients. 2533 20.02.11 Education and Outreach Materials. Contractor must implement public education 2534 and outreach in conformance with Applicable Law and in coordination with the City. Contractor shall attend 2535 public events and host booths to promote recycling education and awareness. Contractor will work with City 2536 to identify which special events will be attended. Contractor, together with City, shall work with local media 2537 to ensure information on new programs, events, recycling, organics etc. is communicated to the community. DRAFT AGREEMENT.V1 Page 70 of 185 RIV #4862-7000-7618 vt DRAFT 5/2/2023 2538 Contractor shall use a variety of options such as local paper, news, websites, social media, Homeowners 2539 Associations, schools and civic groups to distribute information and education about City solid waste and 2540 recycling programs, and events. Contractor shall distribute educational material to Service Recipients a 2541 minimum of once a quarter by mail or electronically. All educational and outreach materials shall be provided 2542 in English, Vietnamese, Chinese, and Spanish Languages. These materials should include tips on recycling 2543 properly, use of organics containers, composting, battery and electronics education, prevention of 2544 contamination issues, proper Collection Container placement, resource information, and HHW education. 2545 20.02.12Service Recipient Personnel Training Contractor shall advise and educate 2546 appropriate personnel (management, employees, janitors, etc.) at MFD/MXD and Commercial Service Units 2547 on methods and recommendations to increase recycling and decrease landfilling including best practices for 2548 recycling, waste reduction and availability and use of in-house recycling containers. 2549 20.02.13 Available Services Notice and Information. At least annually Contractor must 2550 publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of 2551 services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected, (ii) 2552 procedures for setting out materials, (iii) the days when Garbage Integrated Solid Waste Handling Services, 2553 Recycling Services, and Organic Waste Integrated Solid Waste Handling Services will be provided, (iv) 2554 Contractor's local customer service phone number, (v) instructions on the proper filling of Containers, (vi) 2555 instructions as to what materials may or may not be placed in Recyclable Materials or Organic Waste 2556 Containers, (vii) how to select Container sizes to maximize diversion, (viii) participation in Recycling and 2557 Organic Waste programs, (ix) the fees for overage and Contamination in the event of non-compliance, (x) 2558 the availability of on -premises Integrated Solid Waste Handling Services, including the availability of no - 2559 charge on -premises Integrated Solid Waste Handling Services for qualified persons, (xi) Bulky Waste 2560 Integrated Solid Waste Handling Services, (xii) the dates and locations of Neighborhood Cleanup days, and 2561 (xiii) the dates and locations of Free Bulky Item Drop-off days. The notice must be provided in English, and 2562 other languages as directed by the City, and must be distributed by Contractor no later than February 1st of 2563 each year. 2564 20.02.14 Approach to Meeting City's Diversion Requirements Contractor must document 2565 approach to meeting City's diversion requirements by specific diversion program type (SFD, MFD, 2566 Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific and 2567 public education programs. This must include an implementation schedule showing the specific programs 2568 and tasks, milestones, and time frames for meeting the diversion requirements. 2569 20.02.15Tonnage Table. Contractor must provide as part of the Plan, a tonnage table 2570 segregated by SFD, MFD, MXD, Commercial, and Additional Services that estimates tonnages for 2571 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for 2572 each calendar year of the Franchise Agreement. 2573 20.02.16 Environmental Stewardship. Contractor must describe all environmental 2574 management policies and activities related to the solid waste collection service, including the use of 2575 alternative fuel vehicles, reduction of air emissions and wear and tear on the City's streets, use of recycled 2576 products throughout operations, internal waste reduction and reuse protocol, water and resource DRAFT AGREEMENT.V1 Page 71 of 185 RIV #4862-7000-7618 v1 DRAFT 5/212023 2577 conservation activities within facilities (design, construction and operation), compliance with laws governing 2578 e -waste, HHW, and u -waste, and use of non-toxic products when possible. 2579 20.03 News Media Relations. Contractor will work with local media to ensure information is 2580 communicated to community (new programs, events, recycling information, etc.). Contractor to use options, 2581 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the 2582 Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services 2583 covered under this Franchise Agreement within one (1) Work Day of Contractor's receipt of the request. When 2584 practicable, before responding to any inquiries involving controversial issues or any issues likely to affect 2585 participation or customer's perception of services, Contractor will discuss Contractor's proposed response 2586 with the City Agreement Administrator. 2587 20.04 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling 2588 and/or Organic Waste programs by identifying "recycling all-stars" for recognition at a City Council meeting 2589 during each November, beginning November 2024. 2590 20.05 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or 2591 phone of all requests for news media interviews related to the services covered under this Agreement within 2592 one (1) Work Day of Contractor's receipt of the request. When practicable, before responding to any inquiries 2593 involving controversial issues or any issues likely to affect participation or Service Recipient's perception of 2594 services, Contractor will discuss Contractor's proposed response with the Agreement Administrator. 2595 20.05.1 Copies of draft news releases or proposed trade journal articles that use the name 2596 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2597 prior review and approval at least five (5) working days in advance of release, except where Contractor is 2598 required by any Applicable Law to submit materials to any regulatory agency in a shorter period of time, in 2599 which case Contractor must submit such materials to City simultaneously with Contractor's submittal to such 2600 regulatory agency. 2601 20.05.2 Copies of articles resulting from media interviews or news releases that use the 2602 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2603 after publication. 2604 20.06 Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics 2605 Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. Stickers 2606 must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12). 2607 20.07 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2608 the City's Edible Food Recovery program as required under SB 1383. Contractor support may include 2609 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2610 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste 2611 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting 2612 site visits, and distributing materials. DRAFT AGREEMENT.V1 Page 72 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2613 20.08 Programs and Services. Contractor must provide additional educational and outreach 2614 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2615 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2616 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2617 other vendors or contractors to provide the requested service. 2618 20.09 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 5, 2619 Customer Service Plan included as Exhibit 7, and Collection Service Operations Plan included as Exhibit 8 2620 that present the specific collection and processing programs that will be implemented in the City. 2621 Article 21. Emergency Service 2622 21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2623 flood, tornado, other natural or man-made disaster, or other such emergency event (collectively "Emergency 2624 Event), the Agreement Administrator may grant the Contractor a variance from regular routes and schedules, 2625 which will not be withheld unreasonably. As soon as practicable after such Emergency Event, Contractor 2626 must advise the Agreement Administrator when it is anticipated that normal routes and schedules can be 2627 resumed. The Agreement Administrator will try through the local news media to inform the public when regular 2628 services may be resumed. The clean-up from some Emergency Events may require that Contractor hire 2629 additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean 2630 debris resulting from the event. Contractor will receive additional compensation, above the normal 2631 compensation contained in this Agreement, to cover the costs of rental equipment, additional personnel, 2632 overtime hours and other documented expenses based on the rates set forth in Exhibit 1 provided Contractor 2633 has first secured written authorization and approval from City through the Agreement Administrator. City will 2634 be given equal priority and access to resources as with other franchise jurisdictions held by Contractor or its 2635 affiliates. 2636 21.02 Emergency Event Planning . Within sixty (60) days from a request by City, Contractor shall 2637 prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service 2638 and Collection of debris following an Emergency Event. The Emergency Event plan shall address 2639 arrangements to provide needed vehicles and personnel, priorities for cleanup at critical facilities, and 2640 procedures for reimbursement for costs, describe communication plans, list key contact persons, and provide 2641 maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the landfill. 2642 Contractor shall coordinate the plan with City's emergency service teams. The draft plan shall be presented 2643 to the City Manager for consideration and approval. The final plan shall be distributed to those employees of 2644 Contractor and City who would have a role in implementing upon the occurrence of an Emergency Event. 2645 21.03 Emergencv Event Recovery Support. In the event of an Emergency Event, Contractor 2646 agrees to provide recovery support upon request by Agreement Administrator. This may include additional 2647 hauling of debris, special handling such as wrapping waste in plastic (i.e., "burrito wrapping"), temporary 2648 storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and 2649 documentation of debris type, weight, and diversion. Contractor should follow protocol laid out in the County's 2650 Operational Area Mass Debris Management Plan (Annex to the Operational Area Emergency Response Plan) 2651 and any subsequent County or City Disaster Debris Plans, as applied to solid waste hauling and handling. DRAFT AGREEMENT.V1 Page 73 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2652 Article 22. Record Keeping and Reporting Requirements 2653 22.01 Record Keeping. Notwithstanding Article 47 herein, 2654 22.01.1 Accounting Records. Contractor must maintain full, complete and separate 2655 financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Integrated Solid 2656 Waste Handling Services, prepared on an accrual basis in accordance with generally accepted accounting 2657 principles. Such records will be subject to audit, copy, and inspection for the purposes set forth in Section 2658 17.01.3. Gross Revenues derived from provision of the Integrated Solid Waste Handling Services, whether 2659 such services are performed by Contractor or by a subcontractor or subcontractors, will be recorded as 2660 revenues in the accounts of Contractor. The Contractor shall keep and preserve, during the Term of this 2661 Agreement, and for a period of not less than four (4) years following expiration or other termination hereof, 2662 full, complete and accurate records, including all cash, billing and disposal records, as indicated in the 2663 Agreement. 2664 22.01.1.1 City reserves the right to request audited, reviewed, or compiled 2665 financial statements prepared by an independent Certified Public Accountant, or as may be provided by 2666 Contractor or its parent company. In the event that Contractor does not maintain separate financial or 2667 accounting records prepared specifically for services provided under this Agreement, Contractor may use 2668 industry standard allocation methods to provide financial information as applicable to the service provided 2669 under this Agreement. 2670 22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2671 of (i) Residential, MFD, MXD and Commercial Solid Waste Collected and disposed under the terms of this 2672 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for 2673 no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type, 2674 Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under 2675 the terms of this Agreement 2676 22.01.3 Other Records. Contractor must maintain all other records reasonably related to 2677 provision of Integrated Solid Waste Handling Services, whether or not specified in this Agreement. 2678 22.01.4 Failure to Report. The refusal of Contractor to file any of the reports required, or 2679 the inclusion of any materially false or misleading statement or representation made knowingly by Contractor 2680 in such report, shall be deemed a material breach of this Agreement and shall subject Contractor to all 2681 remedies, legal or equitable, which are available to City under this Agreement or otherwise. 2682 22.01.5 Report Format. All reports to be submitted in a format approved by the City, 2683 including electronic data submission in the City's Waste Reporting System and in a format specified by the 2684 City. 2685 22.02 Quarterly Reporting. DRAFT AGREEMENT.V1 Page 74 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2686 22.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last 2687 day of the month following the end of Quarter in which the receipts are collected and must be provided 2688 electronically using software acceptable to the City. If the last day of the month falls on a day that City is 2689 closed ora holiday, then the reportwill be due on the next business day. Failure to submit complete quarterly 2690 reporting by the due date will result in penalties as specified in Exhibit 6. 2691 22.02.2 City Reports. Quarterly reports to City must include: 2692 22.02.2.1 Quarterly Payment Reporting. The payment report must include 2693 an accounting of Contractor's Gross Revenues received during the preceding Quarter, and the calculated 2694 Franchise Fee and Marketing and Sales of Recyclable Materials Payment. 2695 22.02.2.2 Franchised Tonnage and Service Data. Contractor must report the 2696 number of unique SFD and MFD accounts serviced, the number of unique Commercial, MXD, and City 2697 accounts serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed 2698 for diversion broken down by Container type, Residual amounts from Recycling and Organic Waste 2699 Diversion operations that are landfilled. Quantities should be broken down by SFD, MFD, MXD, 2700 Commercial, and City Service Integrated Solid Waste Handling Services. MXD properties must have 2701 tonnage assigned appropriately to Residential and Commercial generators. 2702 22.02.2.3 Overweight Vehicle Reporting. The quarterly report must include 2703 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2704 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2705 transported during the reported quarter. 2706 22.02.2.4 Non -Collection. The quarterly report must include a summary of 2707 each Service Unit receiving a Non -Collection Notice in the previous quarter along with a description for the 2708 Non -Collection Notice. 2709 22.02.2.5 On -hold. The quarterly report must include each Service Unit that 2710 was not billed in the previous quarter. 2711 22.02.2.6 Collection Overage Charges. The quarterly report must include 2712 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter. 2713 22.02.2.7 Contamination Reporting. To the extent required by Applicable 2714 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2715 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2716 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2717 a list of accounts where such notices occurred, and the total number of instances where Collection 2718 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20) 2719 Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and 2720 the digital documentation of contamination. DRAFT AGREEMENT.V1 Page 75 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2721 22.02.2.8 Service Recipient Complaint Log. The quarterly report must 2722 include the Service Recipient call log collected from the previous quarter. 2723 22.03 Annual Reporting. 2724 22.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January 2725 31, 2024 and each January 31s' thereafter for the previous Calendar Year. If January 31st falls on a day that 2726 City is closed, then the report will be due on the next business day. Annual reports must be submitted 2727 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due date 2728 will result in penalties as specified in Exhibit 6. Annual reports to City must include: 2729 22.03.1.1 Financial Statements. Contractor must submit annual financial 2730 statements for the local operation. Statements need not be reviewed or audited statements. 2731 22.03.1.2 Annual Sustainability and Compliance Report. Contractor must 2732 complete and submit data sections within their Sustainability and Compliance Plan to document education 2733 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2734 waste audits completed, information distributed, and media used, and community events hosted. This must 2735 include public education activities undertaken during the year, including distribution of bill inserts, collection 2736 notification tags, community information and events, tours and other activities related to the provision of 2737 Integrated Solid Waste Handling Services, and must discuss the impact of these activities on recycling 2738 program participation and include amounts collected from SFD, MFD, MXD, Commercial, and City Service 2739 Units. The report should include a complete list of all non-exempt commercial accounts, which includes 2740 each non-exempt account's status as a "covered generator" under AB 341, AB 1826 and SB 1383, the date 2741 and status of Contractor's outreach efforts at each non-exempt account, and the current level of Recycling 2742 and Organics program participation at each non-exempt account. 2743 22.03.1.3 Summary of Programs. An analysis of any Recycling and Organic 2744 Waste Collection, processing and marketing issues or conditions (such as participation, setouts, 2745 contamination, etc.) and possible solutions, discussed separately for Residential and Commercial 2746 programs. 2747 22.03.1.4 Solid Waste Data. The number of SFD, MFD, MXD, Commercial, 2748 and City Service Units and the number of Collection Containers distributed by size and Service Unit type 2749 22.03.1.5 Waste Characterization Data. A breakdown of Solid Waste 2750 (Garbage, Recycling, and Organics) by material type as per CalRecycle material classifications. 2751 22.03.1.6 Recycling Data. Gross tons Collected daily on average by material 2752 type by route for SFD, MFD, MXD, Commercial, and City Recycling service, with map of routes. The 2753 average participation rates by quarter relative to the total number of Service Units by Service Unit type. 2754 Indicate, by material type (and grade where appropriate), annual totals of Recyclable Materials processed 2755 including facility name and location, average cost or price received per ton and total recycling cost or 2756 revenue received for the year. Indicate any quantities, by material type, donated or otherwise disbursed DRAFT AGREEMENT.V1 Page 76 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2757 without compensation. Indicate number of Recycling Collection Containers distributed by size and Service 2758 Unit type. Also provide annual totals and location for residue disposed. 2759 22.03.1.7 Organic Waste Data. Include average daily gross tons Collected 2760 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of 2761 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate 2762 average daily number of set -outs by route. Indicate average participation rates relative to the total number 2763 of Service Units in terms of weekly set -out counts. Indicate number of Organic Waste Collection Containers 2764 distributed by size and Service Unit type. Indicate, by material type, annual totals of Organic Materials 2765 processed including facility name and location, average cost or price received per ton and total organics 2766 cost or revenue received for the year. Provide totals and location for Residue Disposed. Include the number 2767 of route reviews conducted for prohibited contaminants and the number of Non -Collection Notices issued 2768 to Service Recipients. 2769 22.03.1.8 Customer Service Log.A copy of the customer service log, 2770 including a summary of the type and number of complaints and their resolution. Copies of a written record 2771 of all calls related to missed pickups and responses to such calls. 2772 22.03.1.9 Customer Service Information Sheet. A copy of Contractor's most 2773 recent Customer Service Information Sheet (i.e., customer call center "cheat sheet") for the City or the 2774 equivalent information used by customer service representatives. 2775 22.03.1.10 Overweight Vehicle Data. A summary of all instances of 2776 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2777 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2778 Year. 2779 22.03.1.11 Summary Narrative A summary narrative of problems 2780 encountered with Collection and processing activities and actions taken. Indicate type and number of Non - 2781 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury, 2782 significant changes in operation, marketfactors, publicity conducted, needs for publicity. Include description 2783 of processed material loads rejected for sale, reason for rejection and disposition of load after rejection. 2784 22.03.1.12 Collection Container and Vehicle Inventory. An updated complete 2785 inventory of Collection Containers by type and size, and an updated complete inventory of Collection 2786 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2787 license plate number, fuel type and vehicle make and model. 2788 22.03.1.13 Diversion Rate. Contractor must provide documentation 2789 acceptable to City in its reasonable judgment stating and supporting the Calendar Year's Franchise 2790 Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and 2791 disposed from large venues and events during the reporting period will be counted towards the calculated 2792 diversion rate. DRAFT AGREEMENT.V1 Page 77 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2793 22.03.1.14 AB 341, AB 1826. and SB 1383 Compliance Data, Contractor 2794 must report the total number of Commercial and MFD/MXD Service Units serviced and the number of 2795 containers, container sizes and frequency of collection for Garbage, Recyclable Materials and Organic 2796 Waste for each non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide the 2797 following information separately for both AB 341 and AB 1826: 2798 22.03.1.15 The total number of non-exempt Commercial, MFD, and MXD 2799 Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 2800 Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, or MXD Recycling 2801 Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2802 22.03.1.16 A summary of the type of follow-up outreach that was provided to 2803 those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, 2804 or MXD Recycling Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2805 22.03.1.17 Contractor shall provide proof of training records for Service 2806 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit 2807 Discharges and stormwater pollution sources. 2808 22.04 Diversion Calculation and Data. By 5 p.m. PT on February 14 and annually thereafter 2809 during the term of this Agreement, Contractor must deliverto City, in the format specified by City, the Calendar 2810 Year's Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages 2811 Diverted and disposed from large venues and events during the reporting period will be counted towards the 2812 calculated Diversion rate. 2813 22.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 2814 annual reports to CalRecycle (the "Electronic Annual Report" or EAR), including but not limited to supplying 2815 required data for preparation of the reports, and completing all required data input in the Waste Reporting 2816 System. 2817 22.05.1 In the event that CalRecycle requires City to report an Implementation Schedule to 2818 comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide 2819 assistance to City in preparing a report, including Contractor's policies and procedures related to compliance 2820 with AB 341, AB 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or Organic Waste 2821 are collected, a description of the geographic area, routes, list of addresses served and a method for tracking 2822 contamination, copies of route audits, copies of notice of contamination, copies of notices, violations, 2823 education and enforcement actions issued, and copies of educational materials, flyers, brochures, 2824 newsletters, website, and social media. 2825 22.06 Waste Characterization Audit. Contractor must conduct statistically -valid waste audits of 2826 Residential and Commercial Service Recipients' waste once annually, including Recycling, Garbage, and 2827 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 22.03). 2828 Material types and guidance should follow CalRecycle requirements and/or recommendations. DRAFT AGREEMENT.V1 Page 78 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2829 22.07 Additional Reporting. Contractor must furnish City with any additional reports as may 2830 reasonably be required, such reports to be prepared within a reasonable time following the reporting period. 2831 Article 23. Nondiscrimination 2832 23.01 Nondiscrimination. In the performance of all work and services under this Agreement, 2833 Contractor may not discriminate against any person based on such person's race, sex, gender, gender 2834 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all 2835 applicable local, State and Federal laws and regulations regarding nondiscrimination, including those 2836 prohibiting discrimination in employment. 2837 Article 24. Service Inquiries and Complaints 2838 24.01 Contractor's Customer Service. All service inquiries and complaints will be directed to 2839 Contractor. A representative of Contractor must be available to receive the complaints during normal business 2840 hours. Contractor is required to use the City's Resident Service Center (RSC) or any customer Relationship 2841 Management System put in place by the City in the future for handling of customer complaints received by 2842 the City for hauling, illegal dumping, and any other services under this Agreement. Contractor must participate 2843 in mandatory RSC training before using system and at least annually thereafter. Customer Service training 2844 shall include Service Recipient courtesy, shall prohibit the use of loud or profane language, and shall instruct 2845 Collection crews to perform the work quietly. Contractor shall use its best efforts to assure that all employees 2846 present a neat appearance and conduct themselves in a courteous manner. All service complaints will be 2847 handled by Contractor in a prompt and efficient manner. RSC cases must be addressed and resolved within 2848 three (3) Work Days. In the case of a dispute between Contractor and a Service Recipient, the matter will be 2849 reviewed, and a decision made by the Agreement Administrator. 2850 24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 2851 and complaints in a manner prescribed by City. 2852 24.01.2 For those complaints related to missed Collections, where Containers are properly 2853 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service Unit 2854 address and Collect the missed materials before leaving the Service Area for the day. For those complaints 2855 related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will have until 2856 the end of the following Work Day to resolve the complaint. For those complaints related to repair or 2857 replacement of Collection Containers, the appropriate Sections of this Agreement will apply. 2858 24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 2859 Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed Collections 2860 will normally be Collected as set forth above regardless of the reason that the Collection was missed. 2861 However, in the event a Service Recipient requests missed Collection service more than two (2) times in 2862 any consecutive two (2) month period the Agreement Administrator will work with Contractor to determine 2863 an appropriate resolution to that situation. In the event Contractor believes any complaint to be without merit, 2864 Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator will investigate 2865 all disputed complaints and render a decision. DRAFT AGREEMENT.V1 Page 79 of 185 RIV #4862-7000-7618 vt DRAFT 5/2/2023 2866 24.01.4 Contractor's service and emergency telephone numbers must be accessible by a 2867 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area's 2868 telephone directories under Contractor's name in the White Pages and available through an online search 2869 and listed on the Contractor's website. 2870 Article 25. Quality of Performance of Contractor 2871 25.01 Intent. Contractor acknowledges and agrees that one of City's primary goals in entering 2872 into this Agreement is to ensure that the Integrated Solid Waste Handling Services are of the highest caliber, 2873 that Service Recipient satisfaction remains at the highest level, that maximum diversion levels are achieved, 2874 and that materials Collected are put to the highest and best use to the extent possible. 2875 25.02 Administrative Charges and Penalties. Quality performance by the Contractor is of primary 2876 importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed 2877 in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 2878 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 2879 will necessarily suffer damages and that such damages, from the nature of the default in performance will be 2880 extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 2881 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 2882 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. 2883 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: 2884 (i) substantial damage results to members of the public who are denied services or denied quality or reliable 2885 service, (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits of this 2886 Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective 2887 ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) 2888 services might be available at substantially lower costs than alternative services, and the monetary loss 2889 resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise 2890 monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at 2891 best, a means of future correction and not remedies which make the public whole for past breaches. 2892 25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may 2893 assess administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly. 2894 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written 2895 notice to Contractor ("Notice of Assessment") of the administrative charges assessed and the basis for each 2896 assessment. 2897 25.03.1 The assessment will become final unless, within ten (10) calendar days of the date 2898 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 2899 present evidence that the assessment should not be made. 2900 25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 2901 City Manager as soon as reasonably possible after timely receipt of Contractor's request. DRAFT AGREEMENT.V1 Page 80 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2902 25.03.3 The City Manager will review Contractor's evidence and render a decision 2903 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written 2904 notice of the decision will be provided to Contractor. 2905 25.03.4 In the event Contractor does not submit a written request for a meeting within ten 2906 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator's determination 2907 will be final. 2908 25.03.5 City's assessment or collection of administrative charges will not prevent City from 2909 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor's failure 2910 to perform the work and services in the manner set forth in this Agreement. 2911 25.04 Uncontrollable Circumstances. 2912 25.04.1 If either party is prevented from or delayed in performing its duties under this 2913 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 2914 acts of terrorism, landslides, lightning, forest fres, storms, floods, severe weather, freezing, earthquakes, 2915 other natural or man-made disasters, the threat of such natural or man-made disasters, pandemics (or threat 2916 of same), quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, 2917 lockouts, or other labor disturbances, acts of government or governmental restraint or other causes, whether 2918 of the kind enumerated or otherwise, that are not reasonably within the control of the affected party, then the 2919 affected party will be excused from performance hereunder during the period of such disability. 2920 25.04.2 The party claiming excuse from performance must promptly notify the other party 2921 when it learns of the existence of such cause, including the facts constituting such cause, and when such 2922 cause has terminated. 2923 25.04.3 The interruption or discontinuance of services by a party caused by circumstances 2924 outside of its control will not constitute a default under this Agreement. 2925 Article 26. Performance Bond 2926 26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 2927 this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter 2928 of credit (hereinafter collectively "Performance Bond"), issued or drawn upon a surety, bank or financial 2929 institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful 2930 performance of this Agreement and all obligations arising hereunder in an amount as follows: 2931 26.01.1 From August 1, 2023, and so long as this Agreement or any extension thereof 2932 remains in force, Contractor must maintain a performance bond in the amount of one million dollars 2933 ($1,000,000). 2934 26.01.1.1 The performance bond must be executed by a surety company 2935 licensed to do business in the State of California, having an "A-" or better rating by A. M. Best or Standard 2936 and Poor's; and included on the list of surety companies approved by the Treasurer of the United States. DRAFT AGREEMENT.V1 Page 81 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2937 26.01.1.2 In the event City draws on the bond, all of City's costs of collection 2938 and enforcement of the Bond, including reasonable attorney's fees and costs, must be paid by Contractor. 2939 26.01.1.3 The Performance Bond must be renewed annually for the entire 2940 term of the Agreement and evidence must be provided to City annually. 2941 26.01.1.4 In the event Contractor shall for any reason (except as otherwise 2942 provided in this Agreement) become unable to, or fail in any way, to perform as required by this Agreement, 2943 City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make 2944 whole the City, forfeited to the City. Upon partial or full forfeiture of the Performance Bond, Contractor shall 2945 restore the Performance Bond to its original amount within thirty (30) days of the City's notice to do so. 2946 Failure to restore the Performance to its full amount within thirty (30) days shall be a material breach of this 2947 Agreement. 2948 Article 27. Insurance 2949 27.01 Insurance Policies. Contractor must secure and maintain throughout the term of this 2950 Agreement insurance against claims for injuries to persons or damages to property which may arise from or 2951 in connection with Contractor's performance of work or services under this Contract. Contractor's 2952 performance of work or services includes performance by Contractor's employees, agents, representatives 2953 and subcontractors. 2954 27.02 Minimum Insurance Requirements. 2955 27.02.1 General Liability Insurance. Contractor shall maintain commercial general liability 2956 insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not 2957 less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and 2958 property damage. The policy must include contractual liability that has not been amended. Any endorsement 2959 restricting standard ISO "insured contract" language will not be accepted. 2960 27.02.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at 2961 least as board as Insurance Services Office Form CA 00 01 covering bodily injury and property damages for 2962 all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement 2963 including any owned, hired, non -owned, or rented vehicles, in an amount not less than $10,000,000 2964 combined single limit for each accident. 2965 27.02.3 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an 2966 umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property 2967 damage liability coverage, including commercial general liability, automobile liability, and employer's liability. 2968 Such policy or policies shall include the following terms and conditions: 2969 A drop-down feature requiring the policy to respond if any primary insurance that 2970 would otherwise have applied proves to be uncollectible in whole or in part for any 2971 reason, other than bankruptcy or insolvency of said primary insurer, DRAFT AGREEMENT.V1 Page 82 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2972 . "Pay on behalf of working as opposed to "reimbursement"; 2973 . Concurrency of effective dates with primary policies. 2974 Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over 2975 commercial general liability, automobile liability, and employer's liability policies. Such policy or policies 2976 shall include working that the excess liability policy follows the terms and conditions of the underlying 2977 policies. 2978 27.02.4 Workers' Compensation and Employers Liability: Workers' Compensation limits as 2979 required by the California Labor Code and Employers Liability limits of $3,000,000 per accident. Contractor 2980 shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of 2981 Agency, its officers, agents, employees, and volunteers. 2982 27.02.5 Environmental Pollution Liability: Pollution legal liability insurance coverage shall be 2983 in an amount no less than $10,000,000 per claim and in the aggregate. Coverage shall be extended a 2984 minimum of three (3) years beyond the term of the contract and such insurance shall contain all standard 2985 extensions customary for such policy and shall cover prior acts. 2986 27.02.6 Cyber Liability Insurance. Contractor shall maintain either an endorsement to its 2987 general liability policy, or a separate policy of insurance covering cyber liability. Said coverage shall be in 2988 the amount of not less than Five Million Dollars ($5,000;000) per occurrence, and Five Million Dollars 2989 ($5,000,000) in the aggregate. 2990 27.03 Insurance Provisions/Requirements. 2991 27.03.1 Additional Insured Status. General liability, automobile liability, and umbrella/excess 2992 liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, 2993 employees, agents, and volunteers shall be additional insureds under such policies. 2994 27.03.2 Requirements not limiting. Requirements of specific coverage features or limits 2995 contained in this section are not intended as a limitation on coverage, limits or other requirements, or a 2996 waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature 2997 is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured 2998 to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains 2999 higher limits than the minimum shown above, the City requires and shall be entitled to coverage for the 3000 higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified 3001 minimum limits of insurance and coverage shall be available to the City. 3002 27.03.3 Self -Insured Retentions. Any self-insured retentions must be declared to and 3003 approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or 3004 replaced by a deductible, or require proof of ability to pay losses and related investigations, claim 3005 administration, and defense expenses within the retention through confirmation from the underwriter. DRAFT AGREEMENT.V1 Page 83 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3006 27.03.4 Primary/Non-Contributing. Coverage provided by Contractor shall be primary and 3007 any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. 3008 The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess 3009 insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such 3010 coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's 3011 own insurance or self- insurance shall be called upon to protect it as a named insured. 3012 27.03.5 Proof of Insurance. Contractor shall provide certificates of insurance and required 3013 endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and 3014 endorsements must be approved by City's Risk Manager prior to commencement of performance. Current 3015 certification of insurance shall be kept on file with City for the contract period and any additional length of 3016 time required thereafter. City reserves the right to require complete, certified copies of all required insurance 3017 policies, at anytime. 3018 27.03.6 Duration of Coverage. Contractor shall procure and maintain for the contract period, 3019 and any additional length of time required thereafter, insurance against claims for injuries to persons or 3020 damages to property, or financial loss which may arise from or in connection with the performance of the 3021 Work hereunder by Contractor, their agents, representatives, employees, or subcontractors. 3022 27.03.7 Citv's Rights of Enforcement. In the event any policy of insurance required under 3023 this Agreement does not comply with these specifications or is canceled and not replaced, City has the right 3024 but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly 3025 reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. 3026 In the alternative, City may cancel this Agreement. 3027 27.03.8 Acceptable Insurers. All insurance policies shall be issued by an insurance 3028 company currently authorized by the Insurance Commissioner to transact business of insurance or is on the 3029 List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of 3030 A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's 3031 Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3032 27.03.9 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to 3033 this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, 3034 officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance 3035 evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor 3036 hereby waives its own right of recovery against City and shall require similar written express waivers and 3037 insurance clauses from each of its subcontractors. 3038 27.03.10 Enforcement of Contract Provisions (Non Estoppel). Contractor acknowledges and 3039 agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with 3040 any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 3041 27.03.11 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker 3042 and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which DRAFT AGREEMENT.V1 Page 84 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3043 a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the 3044 Contractor's insurers are unwilling to provide such notice, then Contractor shall have the responsibility of 3045 notifying the City immediately in the event of Contractor's failure to renew any of the required insurance 3046 coverages or insurer's cancellation or non -renewal. 3047 27.03.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required 3048 herein will be in compliance with these requirements if they include any limiting endorsement of any kind 3049 that has not been first submitted to City and approved of in writing. 3050 27.03.13 Separation of Insureds. A severability of interests provision must apply for all 3051 additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom 3052 claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not 3053 contain any cross -liability exclusions. 3054 27.03.14 Pass Through Clause. Contractor agrees to ensure that its subconsultants, 3055 subcontractors, and any other party who is brought onto or involved in the project/service by Contractor 3056 (hereinafter collectively "subcontractor"), provide the same minimum insurance coverage and endorsements 3057 required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all 3058 responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. 3059 However, in the event Contractor's subcontractor cannot comply with this requirement, which proof must be 3060 submitted to the City, Contractor shall be required to ensure that its subcontractor provide and maintain 3061 insurance coverage and endorsements sufficient to the specific risk of exposure involved with 3062 subcontractor's scope of work and services, with limits less than required of the Contractor, but in all other 3063 terms consistent with the Contractors requirements under this agreement. This provision does not relieve 3064 the Contractor of its contractual obligations under the agreement and/or limit its liability to the amount of 3065 insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor 3066 with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but 3067 may not carry the same insurance limits as required of the Contractor under this agreement given the limited 3068 scope of work or services provided by the subcontractor. Contractor agrees that upon request, all 3069 agreements with subcontractors, and others engaged in the project, will be submitted to City for review. 3070 27.03.15Citv's Rights to Revise Specifications. The City reserves the right at any time 3071 during the term of the contract to change the amounts and types of insurance required by giving the 3072 Contractor ninety (90) days advance written notice of such change. If such change results in substantial 3073 additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 3074 27.03.16 Timely Notice of Claims. Contractor shall give City prompt and timely notice of 3075 claims made or suits instituted that arise out of or result from Contractor's performance under this 3076 Agreement, and that involve or may involve coverage under any of the required liability policies. 3077 27.03.17 Additional Insurance. Contractor shall also procure and maintain, at its own cost 3078 and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper 3079 protection and prosecution of the Work. DRAFT AGREEMENT.V1 Page 85 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3080 Proof of insurance must be mailed to the following address, or any subsequent address as may be 3081 directed by the City. 3082 City of Rosemead 3083 8838 E. Valley Blvd. 3084 Rosemead, CA 91770 3085 27.04 Subcontractors. Contractor must include all subcontractors performing services in the City 3086 as insureds under its policies or subcontractors must obtain separate certificates and endorsements. 3087 27.05 Modification of Insurance Requirements. The insurance requirements provided in this 3088 Agreement may be modified or waived by City's risk manager, in writing, upon the request of Contractor if 3089 City's risk manager determines such modification or waiver is in the best interest of City considering all 3090 relevant factors, including exposure to City. 3091 27.06 Rights of Subrogation. All required insurance policies must preclude any underwrite"s 3092 rights of recovery or subrogation against City with respect to matters related to Contractor's performance of 3093 its obligations under this Agreement, with the express intention of the parties being that the required insurance 3094 coverage protects both parties as the primary coverage for any and all losses covered by the above-described 3095 insurance. Contractor must ensure that any companies issuing insurance to cover the requirements contained 3096 in this Agreement agree that they will have no recourse against City for payment or assessments in any form 3097 on any policy of insurance. The clauses 'Other Insurance Provisions' and 'Insured Duties in the Event of an 3098 Occurrence, Claim or Suit' as it appears in any policy of insurance in which City is named as an additional 3099 insured will not apply to City. 3100 27.07 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 3101 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time 3102 City shall have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste 3103 hauler services to perform Contractor's tasks until insurance coverage is resumed; or (ii) obtain replacement 3104 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 3105 option to terminate this Agreement immediately. 3106 Article 28. Hold Harmless and Indemnification 3107 28.01 Hold Harmless for Consultant's Damages. Contractor holds City, its elected and appointed 3108 officials, officers, agents, employees, and volunteers (collectively "City Indemnitees') harmless from all of 3109 Contractor's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Contractor, to 3110 Contractor's employees, to Contractor's contractors or subcontractors, or to the owners of Contractor's firm, 3111 which damages, losses, injuries or liability occur during the work or services required under this Agreement, 3112 or performance of any activity or work required under this Agreement. 3113 28.02 Defense and Indemnity of Third Party Claims/Liability Contractor shall indemnify, defend 3114 with legal counsel approved by City, and hold harmless City Indemnitees from and against all liability 3115 including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel DRAFT AGREEMENT.V1 Page 86 of 185 RIV #4862-7000-7618 vt DRAFT 5/2/2023 3116 fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with 3117 Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder or its 3118 failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is 3119 caused by the active negligence or willful misconduct of City. Should conflict of interest principles preclude a 3120 single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's 3121 legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without 3122 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor 3123 shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and 3124 volunteers) with respect to claims determined by a trier of fact to have been the result of Contractor's 3125 negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing 3126 provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and 3127 will survive termination of this Agreement. 3128 28.02.1 Contractor's obligations under this Section apply regardless of whether or not such 3129 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or 3130 penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the 3131 rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold 3132 harmless City for liability attributable to the active negligence of City, provided such active negligence is 3133 determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances 3134 where City is shown to have been actively negligent and where City's active negligence accounts for only a 3135 percentage of the liability involved, the obligation of the Contractor will be forthat entire portion or percentage 3136 of liability not attributable to the active negligence of City. 3137 28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 3138 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 3139 City, of any insurance certificates or policies described in Article 27. 3140 28.04 Diversion Indemnification. Subject to the requirements of Public Resources Code section 3141 40059. 1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees 3142 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all 3143 attorneys' fees, and to indemnify and hold City Indemnitees harmless from and against all fines or penalties 3144 imposed by the California Integrated Waste Management Board if the diversion goals specified in California 3145 Public Resources Code section 41780, as it may be amended, are not met by City with respect to the 3146 Materials Collected by Contractor and if the lack in meeting such goals are attributable to the failure of 3147 Contractor to implement and operate the recycling or diversion programs or undertake the related activities 3148 required by this Agreement. In the event CalRecycle provides an administrative process to challenge the 3149 imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging any consultants 3150 or attorneys necessary to represent City in any challenge. Contractor will be responsible for the retention of 3151 and payment to any consultants engaged to perform waste generation studies (diversion and disposal). All 3152 consultants and attorneys engaged hereunder are subject to the agreement of City and Contractor. 3153 28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3154 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any 3155 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting DRAFT AGREEMENT.V1 Page 87 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3156 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health & 3157 Safety Code or other similar Federal, State or local law or regulation, with respect to Solid Waste or Household 3158 Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended to operate 3159 as an agreement pursuant to Section 10€) of CERCLA and Section 25364 of the Health & Safety Code to 3160 defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability under CERCLA, 3161 the Health & Safety Code or other similar Federal, State or local law or regulation. 3162 28.06 Proposition 218 Release. City intends to comply with all applicable laws concerning the 3163 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 3164 good faith determination that the Maximum Service Rates for the Solid Waste Integrated Solid Waste 3165 Handling Services provided under this Agreement are not subject to California Constitution Articles XIIIC and 3166 XIIID because, among other reasons, such services are provided by a private corporation and not by City 3167 pursuant to Article 5, Contractor independently establishes the rates for services within the limits established 3168 in this Agreement, the receipt of services is voluntary and not required of any property within City, and any 3169 owner or Service Recipient of property within City has the opportunity to avoid the services available under 3170 this Agreement either through self -hauling or use of property in such a manner that Solid Waste is not 3171 generated. Accordingly, in the event that a third party challenges the Maximum Service Rates as being in 3172 violation of Article XIIIC or XIIID of the California Constitution, or otherwise asserting that the Maximum 3173 Service Rate are an invalid tax, assessment or fee, Contractor agrees to waive, release and hold harmless 3174 the City Indemnitees from and against any and all claims Contractor may have against the City Indemnitees 3175 resulting therefrom, and to indemnify and defend City indemnitees, with legal counsel reasonably acceptable 3176 to City, from any third party claim, suit, or other action, whether administrative, legal, or equitable challenging 3177 the Maximum Service Rates authorized under this Agreement or as being in violation of Article XIIIC or XIIID 3178 of the California Constitution, or otherwise asserting that the Maximum Service Rate are an invalid tax, 3179 assessment or fee. This Section will survive the expiration or termination of this Agreement for Claims arising 3180 prior to the expiration or termination of this Agreement. 3181 28.07 Employment & Labor Practices. Contractor shall indemnify and hold harmless City 3182 Indemnitees, from any and all liability, damages, claims, costs, and expenses of any nature to the extent 3183 arising from Contractor's personnel and labor practices, including failure to pay and comply with state or 3184 federal prevailing wage laws should such be applicable to Contractor's personnel or labor practices or to one 3185 or more of the services is provides pursuant to the Agreement. All duties of Contractor under this paragraph 3186 shall survive termination of this Agreement. 3187 28.08 Consideration. It is specifically understood and agreed that the consideration inuring to 3188 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and 3189 responsibilities contained in this Agreement. 3190 28.09 Obligation. This Agreement obligates Contractor to comply with the foregoing 3191 indemnification and release provisions; however, the collateral obligation of providing insurance must also be 3192 complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall 3193 not in anyway be a limitation on Contractor's indemnification and defense obligations. DRAFT AGREEMENT.V1 Page 88 of 185 RIV #4862-7000-7618 Vt DRAFT 5/2/2023 3194 28.10 Subcontractors. Contractor must require all subcontractors performing work in the City to 3195 enter into a contract containing the provisions set forth in Section 27.01 in which contract the subcontractor 3196 fully indemnifies City in accordance with this Agreement. 3197 28.11 Exception. Notwithstanding other provisions of this Agreement, Contractor's obligation to 3198 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability, 3199 penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active 3200 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or 3201 employees. 3202 28.12 Damage by Contractor. If Contractor's employees or subcontractors cause any injury, 3203 damage or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3204 tear, contractor must reimburse City for City's cost of repairing or replacing such injury, damage or loss. Such 3205 reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such injury, 3206 damage or loss. With the prior written approval of City, Contractor may repair the damage at Contractor's 3207 sole cost and expense. Any injury, damage or loss to private property caused by the negligent or willful acts 3208 or omissions of Contractor to private property must be repaired or replaced by Contractor at Contractor's sole 3209 expense. Disputes between Contractor and its Service Recipients or private property owners as to damage 3210 to private property are civil matters and complaints of damage will be referred to Contractor as a matter within 3211 its sole responsibility and as a matter within the scope of Section 27.01 [Indemnification]. 3212 Article 29. Default of Agreement 3213 29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this 3214 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3215 this Agreement, upon the happening of any one of the following events: 3216 29.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes a 3217 general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a petition 3218 or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the 3219 Federal bankruptcy laws or under any other law or statute of the United States or any State thereof, or 3220 consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 3221 29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3222 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3223 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3224 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3225 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3226 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default 3227 will be deemed immediate: or 3228 29.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule or 3229 any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, DRAFT AGREEMENT.V1 Page 89 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3230 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3231 such possession or control continues in effect for a period of sixty (60) calendar days, or 3232 29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3233 administrative charges or other monies due City and such default is not cured within thirty (30) calendar days 3234 of receipt of written notice by City to do so; or 3235 29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money 3236 owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of 3237 receipt of written notice by City to do so; or 3238 29.01.6 In the event that the monies due City under Section 29.01.3 above or an unsatisfied 3239 final judgment under Section 29.01.4 above is the subject of a judicial proceeding, Contractor will not be in 3240 default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or 3241 29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3242 terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a 3243 performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City 3244 pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement 3245 Administrator relative thereto and such default is not cured within thirty (30) calendar days of receipt of 3246 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied 3247 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, 3248 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following such 3249 written notice or having so commenced fails thereafter to continue with diligence the curing thereof (with 3250 Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) 3251 calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be cured 3252 within a reasonable period of time). However, notwithstanding anything contained herein to the contrary, for 3253 the failure of Contractor to provide Integrated Solid Waste Handling Services for a period of three (3) 3254 consecutive Work Days, City may secure Contractor's records on the fourth (4th) Work Day in order to 3255 provide interim Integrated Solid Waste Handling Services until such time as the matter is resolved and 3256 Contractor is again able to perform pursuant to this Agreement; provided, however, if Contractor is unable 3257 for any reason or cause to resume performance at the end of thirty (30) calendar days all liability of City 3258 under this Agreement to Contractor will cease and this Agreement may be terminated by City. 3259 29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of 3260 termination of this Agreement under this Article, in the event that Contractor's record of performance shows 3261 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to 3262 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and 3263 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be 3264 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period to 3265 correct, and all such defaults will be considered cumulative and collectively will constitute a condition of 3266 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore, 3267 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such 3268 cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such DRAFT AGREEMENT.V1 Page 90 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3269 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such 3270 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual 3271 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will 3272 have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must 3273 cease any further performance under this Agreement. 3274 29.03 Effective Date. In the event of any the events specified above, and except as otherwise 3275 provided in such subsections, termination will be effective upon the date specified in City's written notice to 3276 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such 3277 termination, except for payment of services rendered up to and including the date of termination, all liability 3278 of City under this Agreement to Contractor will cease, and City will have the right to call the performance bond 3279 and will be free to negotiate with other contractors for the operation of interim and long-term Integrated Solid 3280 Waste Handling Services. Contractor must reimburse City for all direct and indirect costs of providing any 3281 interim Integrated Solid Waste Handling Services as a result of Contractor's default in this Agreement. 3282 29.04 Termination Cumulative. City's right to terminate this Agreement is cumulative to any other 3283 rights and remedies provided by law or by this Agreement. 3284 29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence 3285 of any of the events or conditions set forth in Section 25.04 [Uncontrollable Circumstances], refuse or be 3286 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste 3287 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City 3288 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3289 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3290 safety or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect 3291 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide 3292 twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting 3293 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect 3294 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3295 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3296 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3297 expenses for such substitute services during period in which Contractor is unable to provide Integrated Solid 3298 Waste Handling Services required by this Agreement. 3299 29.06 Survival of Certain Contractor Obligations Notwithstanding the termination of this 3300 Agreement by Contractor or City, Contractor's obligation to indemnity, defend and hold City and City 3301 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date 3302 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not 3303 automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar 3304 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance 3305 bonds and other instruments shall remain in full force and effect for one full year after termination. DRAFT AGREEMENT.V1 Page 91 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3306 Article 30. Modifications to the Agreement 3307 30.01 City -Directed Change. City has the power to make changes in this Agreement to impose 3308 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3309 Integrated Solid Waste Handling Services as may from time -to -time be necessary and desirable for the public 3310 welfare. The size of Collection Containers specified herein for Bundled Service are designed to meet the 3311 requirements of the Applicable Law, inclusive of the State's recycling mandates including AB 341, AB 1826 3312 and SB 1383, and to be appropriate for the capabilities and capacities of available Materials Recovery 3313 Facilities and Organics Waste Processing Facilities at the start of this Agreement. The capabilities and 3314 capacities of such facilities may change during the term of this Agreement; as such City reserves the right to 3315 redirect materials to alternate facilities and change the designated sizes of Carts and/or Bins in Bundled 3316 Services in accordance with any such changes. City will give the Contractor notice of any proposed change 3317 and an opportunity to be heard concerning those matters, and agrees to adjust Service Rates to reflect 3318 additional costs borne by Contractor. The scope and method of providing Integrated Solid Waste Handling 3319 Services as referenced herein will be liberally construed to include procedures, operations and obligations, 3320 financial or otherwise, of Contractor. When such modifications are made to this Agreement, City and 3321 Contractor will negotiate in good faith, a reasonable and appropriate compensation adjustment for any 3322 increase or decrease in the services or other obligations required of Contractor due to any modification in the 3323 Agreement under this Article. City and Contractor will not unreasonably withhold agreement to such 3324 compensation adjustment. Should agreement between City and Contractor on compensation adjustment not 3325 be reached within six months of the change request, or other period as agreed upon by both parties, City and 3326 Contractor agree to submit the compensation adjustment to binding arbitration as described in Section 30.02. 3327 30.01.1 Change in Law. City and Contractor understand and agree that the California 3328 Legislature has the authority to make comprehensive changes in Integrated Solid Waste Handling 3329 legislation, and that these and other changes in Applicable Law in the future which mandate certain actions 3330 or programs for counties, municipalities or Contractor may require changes or modifications in some of the 3331 terms, conditions, or obligations under this Agreement. Contractor agrees that the terms and provisions of 3332 the City Municipal Code, as it now exists or as it may be amended in the future (in a manner not inconsistent 3333 with this Agreement), will apply to all of the provisions of this Agreement and the Service Recipients of 3334 Contractor located within the Service Area. In the event any future change in the Applicable Law, inclusive 3335 of any change in Federal law or regulations, State or local law of regulation, or the City Code that materially 3336 alters the obligations of Contractor, then Contractor shall be obligated to, and hereby agrees to, undertake 3337 such new or modified services or programs or take such other actions as may be necessary to comply with 3338 the Change in Law ("Modified Services'), provided that City and Contractor negotiate in good faith, and 3339 agree upon a reasonable and appropriate compensation adjustment for such Modified Services, prior to 3340 Contractor being obligated to undertake the Modified Services. City and Contractor will not unreasonably 3341 withhold agreement to such compensation adjustment. Should agreement between City and Contractor on 3342 compensation adjustment not be reached within six months of the change request, or other period as agreed 3343 upon by both parties, City and Contractor agree to submit the compensation adjustment to binding arbitration 3344 as described in Section 30.02. Nothing contained in this Agreement will require any party to perform any 3345 act or function contrary to law. DRAFT AGREEMENT.V1 Page 92 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3346 30.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days 3347 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties 3348 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial 3349 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under 3350 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one - 3351 half of the costs of the arbitrator. 3352 Article 31. Legal Representation 3353 31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3354 represented by counsel in the preparation of and contributed equally to the terms and conditions of this 3355 Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing the 3356 same will not apply due to the joint contributions of both parties. 3357 Article 32. Conflict of Interest 3358 32.01 Financial Interest. Consultant is unaware of any City employee or official that has a 3359 financial interest in Consultant's business. During the term of this Agreement and/or as a result of being 3360 awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's 3361 business by any City employee or official. 3362 Article 33. Contractor's Personnel 3363 33.01 Displaced Employees. Contractor shall offer employment to all qualified displaced 3364 employees of the City's franchisees from the prior Exclusive Solid Waste Franchise Agreement, Contractors 3365 must retain these displaced employees for a period of not less than 90 days, as provided for in Chapter 4.6, 3366 Sections 1070 through 1076 of the California Labor Code. Contractor shall make information about wage 3367 rates, benefits and job classifications of employees available to the City prior to any subsequent procurement 3368 for solid waste collection. 3369 33.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3370 services required under this Agreement and shall be responsible for ensuring its employees comply with this 3371 Agreement and all Applicable Laws related to their employment and position. Contractor's employees, 3372 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3373 being employees or officials of City. City may request the transfer of any employee of Contractor who 3374 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3375 performance of their duties under this Agreement. 3376 33.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its 3377 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3378 to the Commencement Date of this Agreement and annually by January 1st of each subsequent Calendar 3379 Year of this Agreement and any other time the person in that position changes. The Agreement Manager 3380 must be available to the City through the use of telecommunications equipment at all times that Contractor is 3381 providing Integrated Solid Waste Handling Services in the Service Area. The Contract Manager must provide DRAFT AGREEMENT.V1 Page 93 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3382 City with an emergency phone number where the Contract Manager can be reached outside of normal 3383 business hours. 3384 33.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service 3385 Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of 3386 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3387 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor 3388 changes the employee serving in that position changes. The Service Supervisor must be physically located 3389 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3390 equipment at all times that Contractor is providing Integrated Solid Waste Handling Services. In the event the 3391 Service Supervisor is unavailable due to illness or vacation, Contractor must designate an substitute 3392 acceptable to the City who shall be available and shall have the authority to act in the same capacity as the 3393 Service Supervisor. 3394 33.05 Key Operations Staff. Contractor shall identify a full-time Key Operations Staff consisting 3395 at a minimum of: one (1) Operations Manager, one (1) Route Supervisor, one (1) Lead Mechanical 3396 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3397 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number and 3398 office address. 3399 33.06 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide 3400 full time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. 3401 33.07 Field Personnel. Contractor's field operations personnel are required to wear a clean 3402 uniform shirt bearing Contractor's name. Contractor's employees, who normally come into direct contact with 3403 the public, including drivers, must bear some means of individual photographic identification such as a name 3404 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3405 license and all other required licenses for the type of vehicle that is being operated. 3406 33.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3407 the California Labor Code that require every employer to be insured against liability for Workers' 3408 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3409 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3410 person so that any part of this Agreement is so performed by such person would be subject to the workers' 3411 compensation laws of the State of California unless and until Contractor gives City a certificate of consent to 3412 self -insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3413 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either 3414 require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3415 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3416 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance 3417 Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of 3418 subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3419 subcontractors. DRAFT AGREEMENT.V1 Page 94 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3420 33.09 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3421 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3422 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state, 3423 and local licenses required for the work they are assigned to perform. Contractor shall require any 3424 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3425 to agree they are independent contractors and have no other agency relationship with City. 3426 Article 34. Exempt Waste 3427 34.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such 3428 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if 3429 provided by Contractor must be in strict compliance with all Applicable Laws. 3430 Article 35. Independent Contractor 3431 35.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3432 contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of the 3433 details of the services and work performed and over all persons performing such services and work. 3434 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and 3435 subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or subcontractors 3436 will obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which 3437 accrued to City employees and Contractor expressly waives any claim to such benefits. 3438 35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to 3439 enter into a contract containing the provisions set forth in the preceding subsection in which contract the 3440 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3441 agency relationship with City. 3442 Article 36. Laws to Govern 3443 36.01 The law of the State of California governs the rights, obligations, duties and liabilities of 3444 City and Contractor under this Agreement and govern the interpretation of this Agreement. 3445 Article 37. Consent to Jurisdiction 3446 37.01 The parties agree that any litigation between City and Contractor concerning or arising out 3447 of this Contract must be filed and maintained exclusively in the Superior Courts of Los Angeles County, State 3448 of California, or in the United States District Court for the Central District of California to the fullest extent 3449 permissible by law. Each party consents to service of process in any manner authorized by California law. 3450 Article 38. Assignment 3451 38.01 No assignment of this Agreement or any right occurring under this Agreement may be 3452 made in whole or in part by Contractor without the express prior written consent of the City. City will have full 3453 discretion to approve or deny, with or without cause, any proposed or actual assignment by the Contractor. DRAFT AGREEMENT.V1 Page 95 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3454 Any assignment of this Agreement made by Contractor without the express written consent of the City will be 3455 null and void and will be grounds for City to declare a default of this Agreement and immediately terminate 3456 this Agreement by giving written notice to Contractor, and upon the date of such notice Contract will be 3457 deemed immediately terminated, and upon such termination all liability of City under this Contract to 3458 Contractor will cease, and City will have the right to call the performance bond and will be free to negotiate 3459 with other contractors, for the services that are the subject of this Agreement. In the event of any assignment 3460 approved by City, the assignee must fully assume all the liabilities of Contractor by way of an assignment and 3461 assumption agreement. A sale or other transfer of more than fifty percent (50%) of the shares, stocks, points, 3462 or other indicia of ownership interest in Contractor shall be considered to be an assignment under this Article 3463 requiring prior written consent of the City. Upon notification to the City, Contractor shall provide to the City 3464 a payment of one hundred fifty thousand dollars ($150,000) for the city to perform its due diligence related to 3465 the requested Assignment. 3466 38.02 The use of a subcontractor to perform services under this Contract will not constitute 3467 delegation of Contractor's duties if Contractor has received prior written authorization from the Agreement 3468 Administrator to subcontract such services and the Agreement Administrator has approved a subcontractor 3469 who will perform such services. Contractor will be responsible for directing the work of Contractor's 3470 subcontractors and any compensation due or payable to Contractor's subcontractor will be the sole 3471 responsibility of Contractor. The Agreement Administrator will have the right to require the removal of any 3472 approved subcontractor for reasonable cause. 3473 Article 39. Compliance with Laws 3474 39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3475 including, without limitation, the Rosemead Municipal Code. 3476 39.02 City shall provide written notice to Contractor of any planned amendment of the Rosemead 3477 Municipal Code that would substantially affect the performance of Contractor's services pursuant to this 3478 Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council's approval 3479 of such an amendment. M:1 Article 40. Permits and Licenses 3481 40.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or 3482 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must 3483 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and 3484 conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator. 3485 40.02 The Contractor must have a valid City Business Tax Certificate throughout the term of the 3486 Franchise Agreement. DRAFT AGREEMENT.V1 Page 96 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3487 Article 41. Ownership of Written Materials 3488 41.01 Contractor hereby grants City a non-exclusive license as to all reports, documents, 3489 brochures, public education materials, and other similar written, printed, electronic or photographic materials 3490 developed by Contractor at the request of City or as required under this Agreement, and intended for public 3491 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such 3492 materials that specifically reference City for other purposes without the prior written consent of the Agreement 3493 Administrator. This Article 41 does not apply to ideas or concepts described in such materials and does not 3494 apply to the format of such materials. 3495 Article 42. Waiver 3496 42.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition 3497 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any 3498 subsequent breach or violation of the same or of any other term, covenant, or condition. The subsequent 3499 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3500 not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of this 3501 Agreement. 3502 Article 43. Prohibition Against Gifts 3503 43.01 Contractor represents that Contractor is familiar with City's prohibition against the 3504 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3505 designated employee any gifts prohibited by the City. 3506 Article 44. Point of Contact 3507 44.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3508 Agreement Administrator. 3509 Article 45. Notices 3510 45.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3511 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3512 specified and to the place forgiving of notice in compliance with the provisions of this Section. For the present, 3513 the parties designate the following as the respective persons and places for giving of notice: 3514 3515 3516 3517 As to the City: DRAFT AGREEMENT.V1 Page 97 of 185 RIV #4862-7000-7618 vi DRAFT 5/2/2023 3518 3519 3520 3521 As to the Contractor: 3522 45.02 Notices will be effective when received at the address as specified above. Changes in the 3523 respective address to which such notice is to be directed may be made by written notice. 3524 45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3525 may be given to Contractor orally by telephone at Contractor's local office with confirmation sent to Contractor 3526 through the Customer Service System by the end of the Workday. 3527 Article 46. Transition to Next Contractor 3528 46.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3529 Integrated Solid Waste Handling Services following the expiration or early termination of this Agreement, 3530 Contractor will cooperate fully with City and any subsequent contractors to assure a smooth transition of 3531 services described in this Agreement. Such cooperation will include but not be limited to transfer of computer 3532 data, files and tapes; providing routing information, route maps, vehicle fleet information, and list of Service 3533 Recipients; providing a complete inventory of all Collection Containers; providing adequate labor and 3534 equipment to complete performance of all Integrated Solid Waste Handling Services required under this 3535 Agreement, taking reasonable actions necessary to transfer ownership of carts and bins, as appropriate, to 3536 City; including transporting such containers to a location designated by the Agreement Administrator; 3537 coordinating Collection of Materials set out in new containers if new containers are provided for a subsequent 3538 Agreements and providing other reports and data required by this Agreement. 3539 Article 47. Contractor's Records 3540 47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3541 accurate financial and accounting records, pertaining to cash, billing, and disposal transactions for the 3542 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3543 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3544 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3545 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3546 termination hereof or for any longer period required by law, full, complete, and accurate records as indicated 3547 in the Agreement. 3548 47.02 Any records or documents required to be maintained pursuant to this Agreement must be 3549 made available for inspection or audit for the purposes set forth in Section 17.01.3, at any time during regular 3550 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 3551 Manager, or a designated representative of any of these officers. Copies of such documents will be provided DRAFT AGREEMENT.V1 Page 98 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3552 to City electronically, available to City for inspection at the local Contractor office, or an alternate site if 3553 mutually agreed upon. 3554 47.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3555 Public Records Act ("CPRA"). City acknowledges that Contractor may consider certain records, reports, or 3556 information contained therein, ("Records') which Contractor is required to provide to City under this 3557 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3558 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3559 to disclosure provided under the CPRA that legally permit non -disclosure of the Records. At such time as 3560 City receives a request for records under the CPRA or Federal Freedom of Information Act ("FOIA") or a 3561 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the request, 3562 subpoena or order and of City's obligation and intent to provide a response within ten (10) calendar days. 3563 Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the Records; 3564 or (ii) seek and obtain, at Contractor's sole cost and expense, the order of a court of competent jurisdiction 3565 staying or enjoining the disclosure of the Records. If Contractorfails to timely respond, then City may proceed 3566 to disclosure the Records in which event Contractor agrees waives and releases City of any liability for the 3567 disclosure of the Records. In the event Contractor seeks a court order to stay or enjoining the disclosure of 3568 the Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected and appointed 3569 board or commission members, officers, employees, volunteers and agents (collectively, "Indemnitees") 3570 from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in 3571 law or equity of any and every kind and description, whether judicial, quasi-judicial or administrative in nature, 3572 arising or resulting from or in any way connected with the subject CPRA or FOIA request for the Records. 3573 This Indemnity shall survive the expiration or termination of this Agreement. 3574 47.03 Where City has reason to believe that such records or documents may be lost or discarded 3575 in the event of the dissolution, disbandment or termination of Contractor's business, City may, by written 3576 request or demand of any of the above-named officers, require that custody of the records be given to City 3577 and that the records and documents be maintained in City Hall. Access to such records and documents will 3578 be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in - 3579 interest. 3580 Article 48. Entire Agreement 3581 48.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3582 understanding between the parties, and the Agreement will not be considered modified, altered, changed, or 3583 amended in any respect unless in writing and signed by the parties. 3584 Article 49. Severability 3585 49.01 If any provision of this Agreement or the application of it to any person or situation is to any 3586 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3587 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3588 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. DRAFT AGREEMENT.V1 Page 99 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3589 Article 50. Right to Require Performance 3590 50.01 The failure of City at any time to require performance by Contractor of any provision of this 3591 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3592 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3593 provision or as a waiver of any provision itself. 3594 Article 51. All Prior Agreements Superseded 3595 51.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3596 conversations, agreements, and understandings applicable to the matters contained in this Agreement and 3597 the parties agree that there are no commitments, agreements or understandings concerning the subject 3598 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3599 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3600 oral or written. 3601 Article 52. Headings 3602 52.01 Headings in this document are for convenience of reference only and are not to be 3603 considered in any interpretation of this Agreement. Article 53. Exhibits 3605 53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3606 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3607 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. •1: Article 54. Attorney's Fees 3609 54.01 If litigation is brought by a party in connection with this Agreement, the prevailing party will 3610 be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, 3611 incurred by the prevailing party in the exercise of any of its rights or remedies under this Agreement or the 3612 enforcement of any of the terms, conditions, or provisions of this Agreement. 3613 Article 55. Effective Date 3614 55.01 This Agreement will become effective when it is properly executed by City and Contractor 3615 and Contractor will begin Integrated Solid Waste Handling Services under this Agreement as of August 1, 3616 2023. 3617 DRAFT AGREEMENT.V1 Page 100 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3618 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3619 date(s) below each signature. 3620 CITY OF 3621 A General Law City 3622 By: 3623 3624 3625 Title: 3626 3627 3628 ATTEST: 3629 City Clerk 3630 APPROVED AS TO FORM 3631 City Attorney 3632 3633 By: 3634 Lig By: _ President 0 Secretary INC. DRAFT AGREEMENT.V1 Page 101 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3635 Exhibit 1 3636 City Approved Service Rates 3637 3638 DRAFT AGREEMENT.V1 Page 102 of 185 RIV #4862-7000-7618 vi DRAFT 5/2/2023 3639 Exhibit 2 3640 City Sponsored Events 3641 3642 4th of July Event 3643 (minimum service level includes two 40 -yd Roll -offs for Garbage; twelve 3 -yd Bins, four each 3644 for Garbage, Recyclables, and Organic Waste; and lids & trash liners) 3645 3646 Moon Festival Event 3647 (minimum service level includes three 40 -yd Roll -offs for Garbage; twelve 3 -yd Bins, four each for 3648 Garbage, Recyclables, and Organic Waste; and lids & trash liners) 3649 3650 Fall Fiesta Event 3651 (minimum service level includes one 20 -yd Roll -offs for Garbage; eight 3 -yd Bins, 3 for Garbage, 3 for 3652 Recyclables, and 2 for Organic Waste; and lids & trash liners) DRAFT AGREEMENT.V1 Page 103 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3653 3654 3655 3656 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 Page 104 of 185 3657 Exhibit 3 3658 List of City Properties and Current Service Levels 3659 3660 3661 City Facilities - Service Levels Facility Address Garbage Recycling Organic/Green Waste/ Food Waste Qty Size qty Size qty Size 4343 E ENCINITA AV 4 3 CY 7933 EMERSON PL 3 3 CY 8301 GARVEY AVE 1 3 CY 8471 KLINGERMAN ST 3 3 CY 8838 VALLEY BLVD 2 3 CY 1 3 CY 1 64 Gal 9101 E MISSION DR 7 3 CY 9108 GARVEY AVE 3 3 CY 1 3 CY 1 64 Gal 2714 RIVER AVE 2 3 CY 1 64 Gal DRAFT AGREEMENT.V1 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 Page 105 of 185 City of Rosemead Bus Shelter Trashcans Street Address Existing Trashcan Valley Blvd [Eastbound] 8338 1 8548 1 8800 1 9000 1 9142 1 9338 1 9542 1 9712 1 [Westbound] 1 9701 1 Merwyn C Gill (NW Corner) 1 9403 1 9207 1 9001 1 8779 1 8609 1 935 (NW Corner of Delta Ave) 1 San Gabriel Blvd 1 [Northbound] 1 2106 1 2404 1 2518 1 3000 1 3106 1 3246 1 3366 1 [Southbound] DRAFT AGREEMENT.V1 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 Street Address Existing Trashcan Garvey Ave [Eastbound] 7556 1 7808 1 7822 1 7968 1 8170 n/a 8210 1 8350 1 8526 1 8738 1 8968 1 9094 1 [Westbound] 9105 1 9011 1 8735 1 Walnut Grove Ave (NW Corner 1 8405 1 8117 1 8001 1 7773 1 7603 1 Mission Dr [Eastbound] 8410 1 4545 (WG Ave - SW Corner) 1 8762 1 9016 Trashcan Stop Only 11 Page 106 of 185 City of Rosemead Bus Shelter Trashcans Street Address Existing Trashcan 3367 1 3205 1 3003 1 2722 1 2511 1 2403 1 2139 1 South San Gabriel Blvd 1 [Eastbound] 1 1151 (Delta St - Don Bosco HS 1 Rose Glen Ave (SW Corner) 1 [Westbound] 1 1000 1 Village Ln (NE Corner) 1 Rosemead Blvd [Southbound] 1 4461 1 4251 1 3967 1 3827 1 3675 1 [Northbound] 3706 1 3848 1 4008 1 4242 1 4502 1 3662 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 V1 DRAFT 5!2/2023 Street Address Existing Trashcan [Westbound] 9063 Explorer Stop Only n/a Rosemead Blvd (NW Corner) 1 8807 1 Walnut Grove Ave (NE Corner) 1 Walnut Grove Ave [Southbound] 3365 1 2751 1 Fern Ave (NW Corner) (2605) 1 Klingerman St (SW Corner) 1 1683 Explorer Stop Only 1 Montebello Town Center n/a [Northbound] 2112 Edison Way (NE Corner) 1 2612 (south of 1 Garvey Ave (SE Corner) 1 Page 107 of 185 3663 Exhibit 4 3664 Collection Container Specifications E4.01 Cart Specifications. E4.01.1 All new or replacement Carts must be manufactured with a minimum twenty percent (20%) post -consumer recycled material content and come with a ten (10) year warranty against defects. E4.01.2 Carts must be constructed with material that resists deterioration from ultraviolet radiation and be incapable of penetration by household pets or small wildlife when lids are fully closed. E4.01.3 Contractor must provide Carts having an approximate volume of 32, 64 and 96 gallons. Actual cart volume may vary by +1- 10% depending on manufacturer. E4.01.4 Carts must include wheels and handles that accommodate ease of movement by able- bodied persons, have heavy duty wheels, attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds. E4.01.5 Carts must include lids that continuously overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The lids would be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open. E4.01.6 Carts must be capable of being lifted into the Collection Vehicle without damage or distortion under normal usage. E4.01.7 Carts be hot -stamped, embossed, or labeled/decaled with the company name, a unique identification number (i.e., serial number for carts), weight limit, and images of the type of materials to be Collected. All Carts shall also contain instructions for proper usage. If any of the above is accomplished via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout the term to maintain a near new appearance. Decals/labels showing types of materials collected in each Cart must be replaced annually. E4.01.8 Cart and lids must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = recycle, black/charcoal = trash, green/brown = yard waste/mixed organics, green w/yellow lid or yellow = food waste or other color standards as determined by CalRecycle prior to the start of this Agreement). E4.02 Bin Specifications. E4.02.1 Bins must be constructed of heavy metal or heavy plastic and must be watertight, well painted, in good condition and without rust or dents. E4.02.2 Wheels, forklift slots, and other appurtenances, which are designed for movement, loading, or unloading of the container, must be maintained in good repair. DRAFT AGREEMENT.V1 Page 108 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 E4.02.3 Contractor must provide Bins having an approximate volume of 1, 2, 3, and 4 - cubic yards. E4.02.4 Bins must have the name and phone number of Contractor on the exterior so as to be visible when the Bin is placed for use. E4.02.5 Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, and each Bin must include a conspicuous warning: "Not to be used for the disposal of hazardous, electronic, or universal waste." Bins must be labelled in English and Spanish. E4.02.6 Bid lids must be constructed of metal or heavy plastic, so as to minimize the intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the rate set forth in Exhibit 1. E4.02.7 Bins must be capable of being lifted into the Collection Vehicle without damage under normal usage. E4.02.8 Bins must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = recycle, black/charcoal = trash, green/brown = yard waste/mixed organics, green w/yellow lid or yellow = food waste or other color standards as determined by CalRecycle prior to the start of this Agreement). E4.03 Roll -off Container Specifications Roll -off specifications shall be the same as Bin specifications E4.02.1 through E4.02.6, and E4.02.8. Roll -offs shall be provided in sizes 10, 20, 30,40 cubic yards. Compactors shall be available in sizes 10, 20,35, 40 cubic yards. E4.04 Kitchen Food Waste Pails Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen Food Waste Pails to all SFD, MFD, Mixed -Use Dwelling Units in the Service Area, including to new Dwelling Units that are added to Contractor's Service Area during the term of this Agreement. The initial distribution of Kitchen Food Waste Pails must be completed no later than August 1, 2023 along with educational outreach materials as approved by City and will be provided at no additional charge (one (1) pail per Dwelling Unit). The distribution to new Dwelling Units must be completed within three (3) Work Days of receipt of notification from City or the Dwelling Unit. E4.05 Containers End of Life Collection Containers must be recycled at the end of their useful life. DRAFT AGREEMENT.V1 Page 109 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3665 E4.06 Containers Purchase Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within the City, and shall report all purchases of Carts and Bins under this Agreement as attributable to the City for sales tax purposes. DRAFT AGREEMENT.V1 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 Page 110 of 185 3666 Exhibit 5 3667 Transition Plan 3668 Republic Services has extensive experience in new program rollouts ensuring success for the City of 3669 Rosemead franchise implementation. Transition experience includes various conversions and 3670 implementations of residential and commercial program including regulatory compliance, information 3671 materials development, container delivery and removal, mailings, advertisements, routing, billings, 3672 audits, and ongoing education. 3673 3674 Vehicles 3675 Please reference Exhibit 8, Collection Service Operations Plan for a complete list of vehicles and all 3676 specifications as required by the agreement. 3677 3678 Containers 3679 Commercial, Multi -Family, and Industrial Customer Containers 3680 With the bundled-rate/service program outlined within the City's agreement, Rosemead customers will 3681 now be automatically set-up with each of the 3-continertypes (MSW, recycle, and commingled organics 3682 (food and green waste): 3683 • MSW container of any size and frequency 3684 0 96 -gallon recycling; 1 time per week 3685 • 32 gallon organic waste; 1 time per week 3686 3687 Any customer requiring additional service capacity and/or frequency of recycle and/or organic waste 3688 service will receive a tailored evaluation from Republic's field team to ensure the customer is set-up 3689 with the services that best meet their volume needs. These bins/carts will be color and label -compliant 3690 with SB 1383. Republic commits to providing all commercial customers with new recycling and organics 3691 containers upon their collection program enrollment, and of course, upon customer request. All existing 3692 bins for commercial/multi-family customers will be refurbished prior to contract commencement and 3693 delivered to the customers as color compliant and affixed with SB 1383 required labels. 3694 3695 Containers will be delivered to customers prior to contract commencement on August 1, 2023. 3696 3697 Residential 3698 Residential customers will receive a full set of three new carts to meet diversion goals and fully comply 3699 with SB 1383: 3700 . 32-, 64-, or 96 -gallon MSW 3701 • 32-, 64-, or 96 -gallon recycling 3702 • 32-, 64-, or 96 -gallon organics 3703 3704 Any customer requiring alternative service capacity and/or frequency of recycle and/or organics service 3705 will receive a tailored evaluation from Republic's field team to ensure the customer is set-up with the 3706 services that best meet their volume needs. These carts will be color and label -compliant with SB 1383. 3707 3708 Containers will be delivered to customers prior to contract commencement on August 1, 2023. 3709 3710 Cart and bin options for Rosemead that are color compliant with SB 1383 requirements 3711 Republic has worked collaboratively with Totter (carts) and Waste -Built (bins) to deliver new SB 1383 3712 color and label compliant carts and fully refurbished and/or new bins depending upon customer request 3713 and subsequent program/service enrollment in new collection services. However, Republic Services DRAFT AGREEMENT.V1 Page 111 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3714 3715 3716 3717 3718 3719 3720 3721 3722 3723 3724 3725 3726 3727 3728 3729 3730 3731 3732 will continue to utilize some existing containers by refurbishing and painting them as needed to meet SB 1383 compliance. Kitchen Pails Upon contract award and in conjunction with delivery of all new residential carts, Republic will provide a kitchen pail at no additional cost to each single-family property, multi -family dwelling unit, and mixed- use dwelling unit for the collection of food waste and transport to their green -organics cart upon request. Republic will purchase these pails and deliver them to each service recipient. Instructions for use will be included in Republic's education and outreach efforts later described within this proposal. Sharps Republic will make available up to one postage -paid mail -back sharps container per year at no additional cost to each Rosemead resident upon request. Republic will provide up to two postage -paid mail -back sharps to Rosemead senior citizen residents containers per year at no additional cost. DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 112 of 185 3733 Republic will also provide a minimum of 200 pre -paid postage sharps containers per year to the city for 3734 their distribution at city hosted events and programs. 3735 3736 Routing/Geographic Information Systems Team 3737 • Routing for the conversion to Republic's proposed three -bin solution will be completed by our local 3738 routing team and validated by our Rosemead Route Supervisors and Operations Manager. 3739 • The GIS team has preliminarily mapped and reviewed current and proposed Rosemead routes to 3740 ensure an accurate count of service stops, frequencies and geographic locations. 3741 3742 Distribution and Collection of Containers 3743 0 Rollout of the three -bin system will be broken down into geographic zones to ensure distribution 3744 and replacement by contract commencement. 3745 • Republic Services will deliver all new residential carts while simultaneously removing the old carts 3746 from the customer's set -out site by July 31, 2023. 3747 • Republic will repurpose all commercial bins and deploy new commercial carts/bins for the 3- 3748 container program prior to contract commencement and upon customer right -sizing for new 3749 collection service enrollments 3750 3751 Employees 3752 • Republic's 9 Rosemead drivers and its Route Supervisors have complete familiarity with the City. 3753 We currently do not need to hire any new employees to administer and conduct the daily services 3754 as required by the new agreement. 3755 • Our assigned Municipal Relationship Manager, General Manager, Operations Manager, 3756 Operations Supervisor, and Recycling Representatives have established working relationships 3757 with City staff. 3758 • Only Republic can offer complete City and route familiarity. 3759 • Republic's Union work force is paid higher wages and receives better benefits than any of our 3760 competitors. 3761 3762 Hiring Process 3763 Hiring and retaining a workforce that represents the communities we serve is imperative to our success. 3764 While creating a best -in -class employee experience, we invite people of all backgrounds to join our 3765 team. We are dedicated to creating safe working environments where all employees can grow and 3766 thrive. 3767 3768 Republic is committed to serving Rosemead with the most qualified and trained staff. In addition to our 3769 experienced drivers, please meet Republic's Dedicated Rosemead Leadership Team: 3770 • Jason Bond — General Manager 3771 • Susan Ayala — Municipal Relationships Manager 3772 • Lisa Burney — Municipal Contracts Administrator 3773 • Amias Callender — Operations Manager 3774 • Jorge Tolentino — Field Operations Manager 3775 • Ruben Martinez—Recycling Coordinator 3776 • Janel Bustamante — Recycling Coordinator/Community Outreach Representative 3777 0 Dawan Scott — Route Auditor 3778 3779 Our team of experienced, hands-on team leaders bring over 40 years of transition experience 3780 gleaned through large-scale, challenging municipal implementation projects 3781 3782 Training 3783 We are committed to providing our employees with opportunities to develop throughout their careers. Our 3784 programs, including new hire onboarding and new leader assimilation, reinforce our Company values, DRAFT AGREEMENT.V1 Page 113 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3785 expectations, and business approach. Targeted development experiences support the growth of people in 3786 key 6 roles, including Driver Training, Technician Training, Supervisor Training, Sales Acceleration, General 3787 Manager Onboarding, and more. We believe these programs provide the fundamental skills necessary to 3788 be successful across roles. 3789 3790 Our leadership programs are a critical part of growing our people. We remain focused on attracting, hiring 3791 and developing early career leaders. Our rotational training and development programs, including our 3792 General Manager Acceleration Program and Leadership Trainee Program, help us attract, develop and 3793 advance a diverse and talented pool of individuals from across our organization. Our Executive Leadership 3794 team sponsors these programs, providing visibility and support for the career advancement of our high - 3795 potential talent across the organization. We have found that these programs and experiences help ensure 3796 that the next generation of leaders build the necessary skills and experiences to be successful in their roles 3797 today, and in the future. 3798 3799 We continue to leverage innovative training methods using mixed mediums to deliver trainings and 3800 instruction to our employees. We remain committed to expanding employee participation in learning 3801 programs that are relevant to our business strategy and contribute to career advancement for our 3802 employees. 3803 3804 Our operations supervisor training programs are second to none. Every supervisor, upon starting 3805 employment at Republic Services, attends a rigorous 2 -week boot camp training course. Regardless of 3806 prior industry experience, this boot camp level sets all our supervisors on The Republic Services Way of 3807 running operations and builds a strong peer network with those who attend the training together. After the 3808 initial training boot camp, supervisors engage in regular refresher and new training opportunities, between 3809 2 and 4 times per year. This yields an operations supervisory team that shares best practices and constantly 3810 look for ways to improve on the level of service in your community. 3811 3812 Additional training for Rosemead drivers' includes: 3813 • One full day of virtual Smith's Driver Training online 3814 • 20 days of behind the wheel instructor training 3815 • City route knowledge and familiarity 3816 • Republic's drivers receive training in the proper handling of containers to minimize damage 3817 3818 Rosemead drivers are also committed to Quality Control — 3819 To ensure extreme reliability and a consistently high level of customer service, Republic Services has a 3820 quality control program called Driver Service Management (DSM). DSM includes an extensive driver -lead 3821 reporting process, accompanied by regular auditing, that is focused on safeguarding against procedural 3822 failures. DSM standards guarantee that all driver issues will be addressed and completely resolved by 3823 supervisors or management within seven days of discovery. 3824 3825 Other key benefits of this program include: 3826 a Increased driver communication and accountability with Republic Services management 3827 • Improved documentation and resolution of driver issues 3828 • Improved customer service 3829 • Improved on -route safety 3830 3831 The program is monitored and conducted by a Driver Service Coordinator responsible for: 3832 • Conducting pre -and post -route briefings with drivers 3833 • Entering and monitoring DSM issues 3834 • Running and distributing reports 3835 Drives must observe and record issues while performing collection duties, and report findings to their Driver 3836 Service Coordinator. DRAFT AGREEMENT.V1 Page 114 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3837 3838 The objective of the pre -route briefing is to ensure all drivers have the necessary tools to run their routes 3839 safely, competently, and accurately each day. The Driver Service Coordinator reviews the following topics 3840 during the briefing: 3841 • Confirms the driver is wearing the proper uniform and gear - PPE 3842 • Confirms the driver has the necessary route paperwork: sequenced route sheets and special/extra 3843 paperwork 3844 • Confirms the driver has completed the pre -trip vehicle inspection report and ensures end of day 3845 route completion 3846 3847 Employee Education 3848 All new employees will receive training regarding unpermitted waste identification, safety, and notification 3849 procedures. Furthermore, local management, drivers, and customer service representatives will continue 3850 to receive annual unpermitted waste screening protocol training. Drivers will be reminded about the 3851 importance of unpermitted waste screening protocol at each monthly safety meeting and will receive 3852 additional training as needed based on field incidents. Republic includes identification training of 3853 unpermitted wastes with special emphasis on hazardous wastes, flammable, combustible, and explosive 3854 materials. 3855 3856 We recognize that a safe workforce is not simply a discussion with a new hire, but a dedicated plan to 3857 review, educate, and verify employee practices throughout their career. 3858 3859 Every day, drivers face a multitude of challenges and are required to make decisions that can greatly 3860 impact their safety, as well as the safety of those in the communities we serve. Our best -in -class driver 3861 training and education programs focus on continual improvement of all our drivers. 3862 3863 A transition provides customers with an experience that is reliable, orderly, seamless, and without service 3864 interruptions conducted thoroughly and professionally by staff. The transition services may include the 3865 following as appropriate: 3866 • • Collect solid waste from outgoing contractor's containers 3867 • • Allow the outgoing contractor to collect from incoming contractor's containers 3868 • • Allow the future contractor to collect, from outgoing contractor's containers during the transition 3869 • • Service, remove and store outgoing contractor's containers after the transition 3870 • • Continue customer's services, container quantity and sizes, and applicable discounts from 3871 outgoing contractor's customer service list, including not providing containers to addresses not 3872 utilizing outgoing contractor's services 3873 3874 Communication and Education 3875 Republic will use our experienced and extensive team of recycling coordinators, and route auditors, 3876 already trained and employed by Republic who will approach every business by explaining the program 3877 offerings and requirements, complete onsite assessments, and establish proper services levels. 3878 3879 1 Prior to the Start of Integrated Solid Waste Handling Services 3880 1a. Transition Team Approach 3881 3882 Republic has successfully implemented new or emerging services in its 2,400 municipalities nationwide. 3883 As the current provider, we have developed relationships over the last 25 years with City staff and the 3884 Rosemead community which ensures a seamless transition and the early achievement of compliance 3885 with new regulations. 3886 3887 Republic guarantees no service disruption during the implementation of new programs and services. In 3888 addition, our incumbency guarantees a seamless implementation on the operations start date since all 3889 personnel, equipment, and systems are already in place. As Republic and the City work together to DRAFT AGREEMENT.V1 Page 115 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3890 implement new programs to satisfy CA mandates and regulations, The City of Rosemead's existing 3891 services will remain intact and unaffected. 3892 3893 Republic's incumbency in Rosemead allows our joint focus and energy to be on introducing new 3894 programs rather than on the complex administrative responsibilities of account set-up, routing, 3895 and systems development. Republic's depth of IT, routing, and customer service resources will 3896 solidly allow our attention to remain on implementing programs that comply with new regulations 3897 as well as zero waste programs over implementation basics. 3898 3899 The above fact aside, Republic is a seasoned expert in the low-risk, successful transition of services, 3900 whether that requires implementation of new services or programs within a jurisdiction Republic currently 3901 serves, or whether it requires rollout of city-wide services for a new contract. Republic successfully 3902 implements more than 75 new municipal contracts each year, bringing national strength and local 3903 expertise to every one of them. 3904 3905 This specific transition, for Republic—the City's incumbent—requires the following elements to create 3906 even more success in Rosemead: 3907 • Clear and consistent communication, both internally and between Republic and the City. 3908 • Scheduled, frequent communication with the City and follow-up status reports, and daily internal 3909 team meetings maintain project organization and momentum. 3910 • Timely and accurate capital asset procurement and delivery. 3911 • Procurement accuracy and frequent communication with vendors supplying trucks—including 3912 onboard computers and GPS tracking systems ensures on-time delivery. Because Republic is a 3913 major purchaser of equipment nationwide, vendors assign dedicated contacts and assistance to 3914 Republic orders. 3915 • Refreshed, targeted messaging, outreach, and recycling technical assistance and training. 3916 • Timely and appropriate communication with residents and businesses—including direct 3917 communication through a variety of channels, events, updated website information, and site visits 3918 ensure customer enrollment and participation. 3919 • Personnel training relative to new programs and initiatives. 3920 • Republic personnel receive updated training to address aspects of the new Agreement. 3921 3922 Because Republic already services every resident and business in Rosemead, the City is assured that no 3923 customer will go without service as our local team develops, produces, and disseminates a full 3924 communication package in sync with the new contract. 3925 3926 1b. Proposal/Negotiation Phase 3927 Start Date: January 1, 2023 / Expected Completion Date: May 9, 2023 3928 3929 1c. Start-up/Transition Phase 3930 Start Date: May 10, 2023 / Expected Completion Date: July 31, 2023 3931 3932 1d. Contract Phase 3933 Start Date: August 1, 2023 / End Date: July 31, 2033 3934 3935 2 Customer Communications & Selection of Equipment 3936 3937 Start Date: June 1, 2023 / Expected Completion Date: July 31, 2023 3938 3939 3 Employee Retention 3940 3941 3a Training Route Drivers DRAFT AGREEMENT.V1 Page 116 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3942 Please reference the employee and driver training sections outlined previously within this plan. 3943 3944 3b. Training CSRs 3945 The members of the transition team will update its customer service reference materials to incorporate all 3946 key program and contract information, issues discussed during transition team meetings, input from the 3947 City, and public education and outreach materials. With the onset of this new contract, Republic 3948 managers will review these materials and program changes directly with CSRs to ensure their complete 3949 knowledge of new contractual programs and service offerings. 3950 3951 Again, it's important to note that Republic is the incumbent, which means training is necessary only in the 3952 following areas: 3953 • Every CSR gets a copy of key contract provisions (contract abstract) relevant to their 3954 responsibility and, subsequently, receives training by senior managers. 3955 • Information regarding rates, service offerings, billing and payment procedures, pick-up schedules, 3956 hours of collection, and container set -out requirements 3957 • Procedures regarding additional containers and container replacement, extra pick-ups, special 3958 services/bulky item collection procedures, overage allowances, and drop-off programs (if 3959 applicable) 3960 • Information regarding the proper source separated disposal and materials 3961 • preparation, the list of acceptable recycling material, and acceptable (non -contaminated) 3962 green/food waste 3963 • Qualifications for fee discounts and the application process (if applicable) 3964 Customer with Customer Self -Service ( Person -to - Person Website Mobile App 3965 3966 3967 CSR's are also educated about waste reduction and diversion promotion, re -use programs (and the non - 3968 profit organizations involved), commercial/multi-family recycling programs (as applicable), and other 3969 related topics. All the above items are also included as part of the ongoing training (including the quarterly 3970 training sessions) of CSRs. 3971 3972 All CSRs are included in the initial review of all external facing program materials prior to their distribution, 3973 including the preparation of the introductory mailer and instructional brochures (as applicable). All CSRs 3974 are also supplied with a surplus of mailers and brochures to be distributed to customers upon request. 3975 3976 In -Person Customer Service 3977 Republic is immensely proud and appreciative of its long-standing partnership with the City of Rosemead 3978 and understands how important customer service is to the City. 3979 3980 To ensure Rosemead's customers always come first, Republic commits to hiring two full-time dedicated 3981 Recycling Coordinators and a Route Auditor dedicated exclusively to the City of Rosemead contract. 3982 These Republic employees will oversee and coordinate Rosemead customers' day-to-day service DRAFT AGREEMENT.V1 Page 117 of 185 RIV #4662-7000-7618 v1 DRAFT 5/2/2023 3983 requests, escalations, and field customer questions. The Recycling Coordinators will also provide face -to - 3984 face contact, training and education, and onsite service assessments with Rosemead customers. 3985 Republic intends to station this employee when needed at the Chamber of Commerce office within the 3986 City of Rosemead, enhancing Republic's customer service offerings in a personal and tangible way. 3987 3988 Republic views customer service as the reason we are in business—it is not just a standalone function or 3989 dedicated department. As such, a laser -like focus on customer experience is woven into all aspects of 3990 daily business at Republic. Every employee at Republic Services is viewed as a customer service agent. 3991 3992 When a customer calls our Customer Service line, a sophisticated series of actions begin: 3993 • Initial questions for the customer help determine the complexity of the request. Simple requests 3994 are routed for virtual agents that can handle calls from anywhere in the country from their own 3995 home if needed. More complex needs can be routed to more specialized agents with knowledge 3996 of the geography and operations if appropriate. 3997 . The customer's phone number then associates with known customer details in our database and 3998 triggers the integrated system to populate with a map of your service address, level of service, 3999 past service requests, and your city -specific contract information. This knowledge-based system 4000 even shows the customer's current weather. 4001 . The agent confirms the customer's name and service address and begins to assist the customer 4002 with the reason for their call. 4003 • If the question requires communication with the local operations team (such as, missed pick-up or 4004 container exchange), the agent can instantly connect with the local operations team through our 4005 national network. 4006 • Often, the customer's concern is handled by the time s/he hangs up the phone. For those issues 4007 requiring operations support the issue will be addressed in the most -timely manner. 4008 • Customers have the option to leave a recorded message or speak to a Supervisor if they choose 4009 4010 Republic's customer services programs are based on the following five principles that guide our daily 4011 business operations with the goal of providing excellent service. These principles will also pave the way in 4012 development of the customer service program for all customers within Rosemead: 4013 a Employ the highest quality personnel. We retain highly skilled and experienced personnel and 4014 compensate them accordingly. 4015 • Ensure easy and immediate access for customers and City staff. Appropriate staffing is 4016 critical to ensure easy and streamlined access to our professional staff for both customers and 4017 City staff. 4018 • Ensure timely and efficient issue resolution and follow-up. We uphold detailed 4019 policies/procedures for our customer service systems and controls, which facilitate expeditious 4020 issue resolution and follow-up. Our use of appropriate methods, field communication, and same - 4021 day resolution goals will translate into a timely and efficient turn -around from point of contact by 4022 customer to resolution. 4023 • The customer is always right. Our employees are taught to give the benefit of the doubt to 4024 every customer even if the facts may imply customer error. 4025 • Train all employees in customer service. To ensure a high level of quality service, every 4026 Republic employee—whether a driver, administrative, or manager—is trained in customer 4027 service. This ensures all customer interactions, whether internal or external, are processed 4028 efficiently, professionally, and up to Republic's standards. Employees are evaluated annually on 4029 their performance in this area. 4030 4031 Additional Customer Service Training and Monitoring 4032 Republic has developed comprehensive customer service training that has been specifically tailored to 4033 the Southern California market and even further tailored to individual communities where Republic 4034 provides service. 4035 DRAFT AGREEMENT.V1 Page 118 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 4036 There are two primary components to this training: 4037 1) training schedule. 4038 2) accompanying materials and resources. 4039 4040 As indicated earlier, before new CSRs are allowed to handle phone calls on their own, they undergo an 4041 extensive training course that orients them to the general business, to the specific services Republic 4042 provides, and to their roles and responsibilities in meeting Republic's commitments to Rosemead and its 4043 customers. 4044 4045 The training program includes in-depth training modules such as: 4046 • Building Strong Customer Relationships 4047 . Customer Service Via Phone and E-mail 4048 • Excellence in Technical Customer Service. 4049 4050 Each module contains several components. Additionally, as indicated previously, all CSRs are monitored 4051 for their call quality, where calls are recorded, evaluated, and reviewed with management. During the 4052 review, Supervisors coach employees on soft skills including courtesy, how to be more pro -active, and 4053 one -call resolution. 4054 4055 This strong training foundation is pivotal to Republic's local success at achieving above-average call 4056 response and call waiting metrics. 4057 4058 All Customer Service staff also receive quality -based performance reviews and ongoing training in the 4059 most advanced customer service techniques. Interactive training tools and resources for Customer 4060 Service Managers are located on Republic's internal website. 4061 4062 3c. Mechanic's Training 4063 To ensure extreme reliability and a consistently high level of knowledge, Republic Services 13 mechanics' 4064 go through in-depth training including: 4065 • One full day of virtual Smith's Driver Training online 4066 • 20 days of behind the wheel instructor training 4067 . City route knowledge and familiarity 4068 • OSHA compliance 4069 • Correct PPE (Personal Protection Equipment) 4070 . Accident prevention 4071 . Lock out/tag out 4072 . Confined space 4073 • Hazardous training including flammable and combustible liquids 4074 • Heat Stress and Illness Prevention 4075 • Becoming certified Brake inspectors 4076 0 Hydraulic and Systems training for Mcneilus body manufacturers 4077 0 Power tool training for safety compliance 4078 4079 We recognize that a safe workforce is not simply a discussion with a new hire, but a dedicated plan to 4080 review, educate, and verify employee practices throughout their career. To maintain a heightened 4081 awareness of safety, we have developed monthly training refreshers for our mechanics. 4082 4083 DRAFT AGREEMENT.V1 Page 119 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 2023 monthly mechanics Health and Safety Training Schedule (Jan -June) Health and Safety Training Schedule - Maintenance Safety Meetings & Training Republic Services provides weekly, monthly, and annual safety training for all our employees. Safety topics are developed based on subject matter required under OSHA regulation. Republic Services prepares well-developed tailgate sessions, provides translators to engage all employees and encourages open discussion and participation. Meeting topics may include: • Injury and illness prevention/safety rules • Back injury prevention • Emergency response/fire safety • Exposure control plan • Drug and alcohol program • Personal protective equipment • Employee right -to -know • Hearing conservation safety • Lock out and tag out safety DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 120 of 185 Personal Protective � Equipment i0 Hazard Communication Accident Prevention Heat Stress E Industrial Truck Training Signs/Tags o Flammable Lock Out/ Tag Out Ladders & Mobile Blood Borne Pathogens g S Combustable Liquids Cranes, jacks Hoist Tire & Rim Safety Scaffolds O CNG/LPG fuel `a L L i Personal Protective °i Absolute Seat Belts Equipment (PPE) Lock Out Tae Out Uniforms Absalute � 0 Absolute Absolute a a �r Start 90 Days of uNnmr PPE Harad Assessments Cond.a Annual LOTO Rret ald/CPR training for Prepare 5 ummer Safety Scan 101 Days of Summer, f SafetyPlan Forktih Receruficeuom Observations designated employees Plans une 1 d m Rre Ercmgulshers Drug &Alcohol c SWPPP & SPCC Training Confined Spaces Respiratory Protection Awareness E Emergency Response Hearing Conservation Electrical Safety Fall Protection Asbestos Safety Equipment Guarding m Welding &Cutting O Hand & Portable Tools a 0 ti v Muki-Person Crew � BacklnR Fleet Security Absolute 0 a X m Conduct Fire Dnll Review Hot Load 101 Days otSummer- Review/Conduct Confined Respirator Rt Tests Prepare 90 Days of Writer F Proceedures Su[cesstSuccessfullyCompleted) Spare Haluations Plan Safety Meetings & Training Republic Services provides weekly, monthly, and annual safety training for all our employees. Safety topics are developed based on subject matter required under OSHA regulation. Republic Services prepares well-developed tailgate sessions, provides translators to engage all employees and encourages open discussion and participation. Meeting topics may include: • Injury and illness prevention/safety rules • Back injury prevention • Emergency response/fire safety • Exposure control plan • Drug and alcohol program • Personal protective equipment • Employee right -to -know • Hearing conservation safety • Lock out and tag out safety DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 120 of 185 4104 • Slips, trips, and falls 4105 . Confined space entry 4106 4107 4. Transition Services 4108 4a. Regular Meetings 4109 Republic will host weekly transition meetings with City staff, or more frequently as needed, to ensure all 4110 implementation tasks, agreement requirements, and timelines are adhered to in real time. 4111 4112 4b. Activated Phones Lines 4113 Customer Service 800-299-4898 4114 Customer Service Local No. 562-347-4000 4115 Ruben Martinez, Recycle Coordinator 562-527-4537 4116 Customer Service website: republicservices.com 4117 4118 4c. Determining Routes 4119 Please reference the Rosemead route maps included as Attachment 1 in Exhibit 8 "Collections Service 4120 Operations Plan." 4121 4122 4d. Vehicle and Container Delivery from Manufacturer 4123 Upon contract award, Republic will immediately place an order for all new residential carts. Additionally, 4124 Republic will organize a commercial bin replacement/refurbishment schedule. Republic's Recycling 4125 Coordinators will identify all non-compliant customers who will need to receive a new 96 -gallon recycling 4126 and 32 -gallon organics cart. These new program enrollment customers will be added to the cart order upon 4127 contract award. 4128 4129 5. Public Outreach and Education Activities 4130 Please reference Exhibit 11 for a comprehensive approach to our outreach and education activities as part 4131 of this transition. 4132 • Republic will use our experienced extensive team of Recycling representatives already trained and 4133 employed by Republic who will approach every business explaining the program, complete 4134 assessments, and establish proper services levels. 4135 • We will have a representative located in the City to collect payments, visit with customers and drive 4136 diversion. 4137 • Republic has a full marketing department producing material specifically for Rosemead. 4138 • Customer data will be collected through interactive applications, Republic's website, toll free and 4139 local numbers for customers, the Company's zero waste representatives, and mail -back programs. 4140 4141 6. Transition Coordinator 4142 Susan Ayala, Municipal Relationship Manager, will be the primary point of contact for a smooth and 4143 seamless transition of the new agreement. With over eight years of experience in the industry and managing 4144 contracts, Susan possesses the necessary skills and knowledgeable to ensure a seamless transition. 4145 Susan can be reached at 562-518-5750 or savalalcDrepublicservices.com. 4146 Susan will be fully supported in all aspects of the transition by General Manager, Jason Bond, and 4147 Operations Manager, Amias Callender. 4148 DRAFT AGREEMENT.V1 Page 121 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 4149 7. Transition Schedule 4150 DRAFT AGREEMENT.V1 Page 122 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Phase /Activity End Date (1) PRE -CONTRACTING PHASE a Ci identifies recommended proposer. 5/9/23 b Order Collection Vehicles 12/31/23 (2) CONTRACTING PHASE I (a) Contract Award/Execute Agreement 5/30/23 b Insurance 5/30/23 c Performance Securi 5/30/23 d Execute Agreement 3 e Contractin Fee 3 TRANSITION PHASE a Transition Activities: a'5/30/23 i Transition Planning Transition Team Meetin s Weekl n ii AfterAction Meetin n b Employment Activities: i Invitation to Apply 5/9/23 Ongoing (ii) Recruitment / Family Fair 7/1/23 8/1/23 (iii) Employment Start Date Onaoina Ongoing c Equipment Activities: i Collection Vehicles 5/16/23 On oin Residential Cart Production 6/01/23 7/31/23 (iii) Commercial Bin Procurement 5/10/23 7/31/23 v Residential Cart Distribution / Removal 6/30/23 7/31/23 v Commercial Bin Distribution / Removal 6/1/23 7/31/23 d Customer Activities: Phase/Activity Start Date End Date (i) Recycle Coordinators at Rosemead Chamber Office 6/1/23 8/1/23 (ii) Customer Service Training 7/1/23 ongoing (iii) Residential Account Information 5/16/23 Ongoing Customer Update & Audit 5/16/23 ongoing Initial Billing & Reporting 7/16/23 On oin iv Commercial Account Information 5/16/23 7/30/23 Verification & Sustainability Programs 5/16/23 /30/23 Customer Upload & Audit N/A Ongoing Initial Billing 8/1/23 ongoing (v) Routing 7/1/23 ongoing (vi) City Facilities 8/1/23 ongoing Initial Billing & Reporting N/A ongoing Initial Billing N/A ongoing (e) Education, Outreach & Diversion Activities i) Residential Service Brochure 7/15/23 ongoing i Print & Social Media 6-M/23 on oin (iii) Update Website 5/10/23 ongoing (iv) Community Meeting 7/1/23 ongoing v) Local Organizations Presentation 7/15/23 ongoing vi Nei hborhood Associations 7/1/23 ongoing (vii) Residential Services Selection 7/1/23 ongoing Food Recovery Assistance 8/1/23 on oin 4) SERVICE START a Route Adjustments 8/1/23 on oin (b) Compliance Review 8/1/23 jongoing DRAFT AGREEMENT.V1 Page 122 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 I�-A (c) -identify Tier One & Tier Two Customers 8/1/23 Ion oin (d) Assist Tier One & Recovery Inspections 8/1/23 longoing (c) Compliance Review 8. Commencement Date of Collection August 1, 2023. Republic guarantees no service disruption during the implementation of new programs and services. In addition, our incumbency guarantees a seamless implementation on the operations start date since all personnel, equipment, and systems are already in place. As Republic and the City work together to implement new programs to satisfy CA mandates and regulations, The City of Rosemead's existing services will remain intact and unaffected. 9. Commercial Generator Transition Plan Supplement + Below is the supplemental transition schedule highlighting major milestones of the process. Commercial - Phase I Activity Start Date End Date (a) Contract Award 05/09/23 ongoing (b) Collection Vehicles 6/15/23 7/31/23 (c) Compliance Review 06/01/23 ongoing (d) Share Review Results with City Staff 06/01/23 ongoing () Commercial Customer Outreach (Mos Impacted) 6/01/23 ongoing (e) Commercial Customer Outreach (All Others) 7/01/23 ongoing (f) Community Meetings 7/01/23 ongoing (g) Commercial Bins Added, Replaced or Painted 6/15/23 7/31/23 (h) Recruitment (Additional Commercial Drivers) n/a n/a (i) Final Customer Container Selection 6/15/23 7/31/23 0) Bins Delivered 6/15/23 Ongoing (k) Service Start 8/1/23 1Ongoing DRAFT AGREEMENT.V1 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 Page 123 of 185 4163 Exhibit 6 4164 Administrative Charges and Penalties Item Amount if Not Cured If Cured in 30 in 30 Days Days a. Failure to respond to each complaint within three (3) Work Days of receipt of complaint. $100 per incident per Service Recipient. b. Failure to maintain call center hours as required by this Agreement. $100 per day. 0- c. Failure to submit to City all reports by the deadlines required under the provisions of this Agreement. $100 per day. -0- d. Failure to include all parts of quarterly and annual reports specified in Sections 22.02 and 22.03 in the submitted $100 per day. -0- report e. Failure to submit to City all payments by the deadlines 1% of the total amount due if fees are 1 required under the provisions of this Agreement. — 10 days late; and 10% of the total amount due if fees are more than 10 days late. f. Failure for Collection Container to be compliant with $50.00/each Collection specifications of Exhibit 4. Container not -0- compliant. g. Failure for Collection Container to be compliant with SB $50.00/each Collection 1383 labeling requirements. Container not -0- compliant. h. Failure to display Contractors name and customer $100 per incident per service phone number on Collection Vehicles. day. -0- i. Failure to Collect a missed collection Container by close $1,000 per Calendar of the next Work Day upon notice to Contractor, that year, plus $10 per -0- exceeds twenty (20) in any Calendar Year. incident per day. j. Failure to repair or replace damaged Containers within $1,000 per Calendar year, plus $10 per the time required by this Agreement, that exceeds twenty (20) in any Calendar year. incident per day. k. Failure to maintain collection hours as required by this $100 per day. -0- Agreement. I. Failure to have Contractor personnel in Contractor- $25 per day per provided uniforms. employee. -0- DRAFT AGREEMENT.V1 Page 124 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 4165 Item Amount if Not Cured If Cured in 30 in 30 Days Days m Failure of Contractor to follow Recyclable Materials and Submit for Organic Waste Contamination and Overage procedures approval to as set forth under Section 5.07 and 5.13. City and $100/day for failure to implement correction implement plan. plan of correction to City within 30 days. n. Vehicle fluid leak incidents from Contractor Collection $5000 per Vehicles in excess of three (3) during a calendar year. incident in excess of three (3) o. Failure of Contractor to provide proof of performance bond as required by this Agreement Agreement Default $500 per day p. Failure of Contractor to provide proof of insurance as required by this Agreement Agreement Default $500 per day q. Failure to provide City with documentation verifying Submit for Diversion, as outlined in Section 8.02, was achieved. approval to City and $10,000/Quarter implement plan of correction within 30 days. r. Failure to Collect holiday trees on Collection Days. $25 per day. -0- s. Failure to commence service to a new Service Recipient within seven (7) days after order. $150 per day 0- I. Failure to initially respond to a Service Recipient $50.00 per failure to complaint within one (1) business day. resolve customer -0- compliant or request DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 125 of 185 4166 Exhibit 7 4167 Customer Service Plan 4168 Overview 4169 1. Service Recipient Billing 4170 Republic has extensive experience in residential, multi -family, and commercial billing and currently bills 4171 more than 2.4 million customers nationwide on a monthly basis. Republic has the infrastructure and 4172 billing system for direct billing to any type of customer along with any special detail or billing 4173 messages/informational announcements requested by the City. Republic bills are easy to understand, 4174 detailing service levels and corresponding charges, and contain self-addressed envelopes for payment. 4175 All billing requests from City residents and commercial accounts will be handled through our state -of - 4176 the -art call center. Billing disputes and other complex issues will be escalated to the local team for 4177 additional research if our call center cannot resolve during the customer's initial call. 4178 4179 Republic bills customers using InfoPro, a fully integrated customer management system. InfoPro has 4180 been programmed and is maintained entirely in-house, with a platform of the IBM I -Series platform, 4181 relational database DB2-UDB with core programming languages of RPG/ILE, SQL, and Java. Sample 4182 bills can be supplied upon request. 4183 4184 The system is divided into several modules. Most of the modules within InfoPro are driven by the 4185 information within the Customer Maintenance module. This is the main customer database. Billing 4186 information, service location, container specification and rate information are the primary components of 4187 this module. Accounting controls as well as collection event information is displayed. A direct link to 4188 Account Receivable is available. Sales management information including territory, representative, 4189 contract information, SIC, and key contacts is stored within in the service location section. The 4190 container's routing, disposal and billing schedule is defined. The rate logic allows for multiple rate 4191 variations to be applied to the single container group such as; monthly rates, lift rates, volume rates, 4192 excess weight disposal, minimum lifts, multiple additional rates and supplemental service rates. 4193 Historical rate information is also retained. Each customer account is specific to service type and each 4194 line of business is assigned a contract number. 4195 4196 There is a high level of data flow and interaction between the different modules thus eliminating 4197 duplicate data entries within any area. At the end of the day, the information that has been keyed into 4198 InfoPro by the various users of the system is processed. At that point history files are updated, charges 4199 are generated for customers, production values are updated, container inventory is updated, and 4200 preventative vehicle maintenance values are calculated. 4201 4202 All invoices can include a notification message with important reminders, holiday schedules, and any 4203 other, information the City would like conveyed directly to the customers. A quarterly newsletter or billing 4204 inserts can also be included within invoices. Commercial customers will be billed monthly in advance of 4205 service and will be itemized by type of service. 4206 4207 Commercial bills will comply with the terms of the new franchise agreement. Temporary roll -off box and 4208 bin customers are typically required to pay with a credit card upon placing a service request. Permanent 4209 roll -off customers will be billed semi-monthly in arrears with payment due 15 days from the invoice date. 4210 Additional messaging can be added to these bills as well. 4211 4212 2. Technology Network 4213 Republic's technology expertise is designed to fully support the customer experience, which is why this 4214 detail is included. Republic is grounded by a team of seasoned information technology professionals 4215 dedicated to the identification, development, and integration of advanced and appropriate technology 4216 solutions to automate data capture and reporting functions to the greatest possible extent. Republic 4217 currently uses a sophisticated suite of integrated applications to ensure Republic and its municipal DRAFT AGREEMENT.V1 Page 126 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 4218 clients have access to accurate data. The brief description of each primary technology component 4219 follows. 4220 4221 InfoPro 4222 Republic's InfoPro software is the backbone of the Company's customer management system, as 4223 indicated previously. InfoPro is the main customer database. Billing information, service location, 4224 container specification, and rate information are the primary components of this module. Accounting 4225 controls as well as collection event information is displayed. A direct link to the Accounts Receivable is 4226 available. Sales management information including territory, representative, contract information, SIC, 4227 and key contacts is stored in the service location section. 4228 4229 The container's routing, processing/disposal, and billing schedule is defined. The rate logic allows for 4230 multiple rate variations to be applied to the single container group such as: monthly rates, lift rates, 4231 volume rates, excess weight disposal, minimum lifts, multiple additional rates, and supplemental service 4232 rates. Historical rate information is also retained. Each service location (site) within the customer 4233 account has a unique contract number, each service location can have multiple containers types such 4234 as frontload, frontload recycling, or roll -off. Line of business is designated at the container level. 4235 4236 There is a high level of data flow and interaction between the different modules, thus eliminating 4237 duplicate keying in any area. At the end of the day the information that has been keyed into InfoPro by 4238 the various users of the system is processed. At that point, history files are updated, charges are 4239 generated for customers, production values are updated, container inventory is updated, and preventive 4240 vehicle values are also calculated. InfoPro routing and dispatch modules are fully integrated with 4241 Republic's customer portal, My Resource which allows customers to view their accounts and service 4242 levels, review and pay invoices, and submit service requests. 4243 4244 Trux 4245 TRUX Weigh -IT is the industry standard software for ticketing, billing, materials management, and 4246 accounts receivable processing in the waste industry. Designed specifically for landfills, transfer 4247 stations, and recycling facilities. Weigh -IT is a Windows-based application which uses the .NET 4248 platform and Microsoft SQL service technology to organize and securely store data. Weigh -IT is 4249 scalable and capable of handling operations and billing processes for any size company, from single - 4250 site facilities to multiple scale locations with centralized reporting. Scale ticket entry has been optimized 4251 to be as quick and efficient as possible, allowing scale operators to process loads quickly. 4252 4253 Dossier 4254 At its core, Dossier includes a powerful and flexible relational database that helps users manage fleet 4255 assets. Dossier allows for the definition of an unlimited number of asset categories, and each category 4256 may have an unlimited number of user defined characteristics. There is no practical limit to the number 4257 of assets which may be maintained with the Dossier system. Installed Dossier system sizes ranges 4258 from single locations with less than ten assets, to large enterprise systems with hundreds of shops or 4259 sites, hundreds of thousands of assets, and thousands of users. Assets can be added or inactivated at 4260 any time by user personnel with appropriate program security credentials. 4261 4262 Dossier also provides the business management environment for the support of maintenance 4263 management, namely cataloging of maintenance, operations, and management personnel along with 4264 relevant licenses and certifications, parts, or along with relevant licenses and certifications, parts and 4265 inventory management, as well as a purchasing environment for materials and externally sourced 4266 services. 4267 4268 In addition to characterization of static asset data, Dossier's unique architecture allows for the definition 4269 of hierarchical scheduled maintenance activities and equipment and parts warranties based on time 4270 and/or utilization. Once assets exist in Dossier, the program tracks all asset activity, including, but not 4271 limited to: 4272 • Scheduled and unscheduled work, including cost, parts, technician, and time spent. DRAFT AGREEMENTNI Page 127 of 185 RIV 44862-7000-7618 V1 DRAFT 5/2/2023 4273 • Work and cost performed by external providers. 4274 0 The asset utilization in terms of miles and hours. 4275 0 Fuel and parts inventory and individual asset usage. 4276 0 Special handling for tires and tracking even if transferred to different assets or sent out for 4277 recapping. 4278 0 Requests for work or repairs reported by drivers and technicians. 4279 4280 Data capture functions are automated in Dossier eliminating duplicate entry and associated errors. 4281 Some of this automation is achieved within Dossier and some is the result of live interfaces to other 4282 business systems. For example, Dossier can electronically import fuel dispensing systems records and 4283 external provider work records. 4284 4285 The true benefit of Dossier's ability to integrate data from a variety of sources, as in the above example, 4286 is the resulting business analysis and decision support, including cost and productivity optimization, 4287 compliance, and safety management. Dossier includes management dash -boarding for key fleet 4288 metrics such as fuel cost and efficiency, preventive maintenance on-time scorecard, and more. 4289 4290 The system containers over 150 built-in reports which allows Republic to get clarity on and so drive 4291 improvements and change in its fleet operations. Dossier is a best -in -class fleet management tool 4292 designed to optimize maintenance operations. 4293 4294 RISE Platform 4295 RISE Tablet is a web -based platform that combines a digital route sheet with the power of the tablet. It 4296 provides a map view of the day's route and will automatically adjust to any changes you make, while 4297 giving near -real-time activity updates to dispatch. It offers turn -by -tum navigation to help with unfamiliar 4298 stops, traffic reporting to navigate unexpected issues on the road, and automatically records arrival and 4299 departure times. 4300 4301 This tool was made by Republic Services. We designed it for our business. It's already in action at 4302 some divisions and is working as designed. 4303 4304 Mobile App 4305 Rosemead residential, multi -family, and commercial customers will have use of the Republic Services 4306 app. Modern day customer service is about customer options and simple solutions. Newer generations 4307 expect web -based and mobile app -based abilities to self -serve simple needs at any time of the day or 4308 night. Certainly, more complex topics may still require a person-to-person interaction, but a vast 4309 majority of customer service contacts in this industry are topics that are able to be self -served. 4310 4311 For this reason, Republic Services has invested to create a complete service offering that allows 4312 customers to request service on their terms. 4313 4314 Our customers now have the ability to reach us 24/7 via our website, www.RepublioServices.com, or 4315 via our Republic Services mobile app. 4316 4317 Our self-service options are designed to improve overall response time, enabling 4318 resolution to simple customer inquiries and needs anytime, anywhere with the least amount of customer 4319 inconvenience as 4320 4321 Website 4322 Available 24/7 on web. Updated as needed. 4323 4324 The Republic Services website is designed to be a one-stop resource for current and potential 4325 customers. Here they will find news updates, collection information and educational tools. The 4326 educational program provides in-depth information for both residential and commercial customers, and DRAFT AGREEMENT.V1 Page 128 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 4327 the programs are downloadable and can be used for outreach and environmental initiatives. When a 4328 resident enters their service address, they will find news and resources specific to Rosemead. 4329 4330 RepublicServices.com provides in-depth content specific to residential and commercial needs. 4331 Residential pages allow the user to enter their address to receive information specific to them, including 4332 the ability to schedule pickup, or change service. If the customer is direct billed by Republic Services, 4333 they can also inquire into billing related questions or even view and securely pay their bill. Residential 4334 customers will also find resources on recycling and environmental needs. 4335 4336 Business pages allow users to login and view/pay their bills, view billing history, and schedule pickups. 4337 Commercial users will also find resources on how to responsibly dispose of electronics waste, 4338 hazardous household material, and other environmentally harmful materials. 4339 4340 On the main page of RepublicServices.com, visitors will be able to view a video clip of recycling 4341 education that features our "closed loop" recycling collection program. This video can easily be edited 4342 to focus on any new initiatives agreed upon with the City of Rosemead. 4343 4344 Additionally, a website will be built and maintained specifically for Rosemead, where City -specific 4345 content will be available. This will include a description of general services provided, FAQs, rates, 4346 guidelines for bulky pickup service, service day map, Republic contact information, and hours of 4347 operation. The website will link to the City's webpage. 4348 4349 An example of a current city -specific website can be found at 4350 https://www.republicservices.com/municip /rosemead-ca 4351 4352 3. Staffing Levels fit` 4353 Optimal Call Center Hours 4354 During a 12 -month period in 2019, we collected and tracked every call that was made to our staffed call 4355 centers across America. Over 12.7M calls were received during that timeframe, when our call centers 4356 were open from M -F (7am to 6pm), and Saturday (8am-1pm). 4357 4358 When analyzing the data, we learned that less than 1.5% of daily calls were received from 7am to Sam, 4359 and less than 1% of daily calls were received after 5pm daily. We further learned that less than 2% of 4360 the weekly call volume occurred on Saturday. Through the data, the customers were telling us that 4361 they were busy during those times, and that it was not necessary for the call centers to be running fully 4362 staffed for such a small percentage of the total call volume. 4363 4364 This insight allows us to define the best practice for call center hours to be M -F from 7:30am to 5:OOpm. 4365 4366 If calling our customer service department after normal business hours, Rosemead will also be given 4367 the option to leave a call-back request. A customer service agent will retrieve the message the next 4368 business day and promptly return the customer's call ready to provide solutions to their request. 4369 Should a customer service agent be unable to fulfill a customer's request or resolve a particular issue, 4370 they will be instructed to contact either the local contract manager or local customer service agents to 4371 personally fulfill the customer's needs from there. 4372 4373 Access to Live Agents, Virtually 4374 When the pandemic of 2020 hit, we learned some powerful lessons regarding optimal customer service 4375 models. For years prior, we had invested to consolidate our agents into three national call centers, 4376 leveraging technology and training to offer a superior experience to callers. However, in February 4377 2020, as the nation implemented shelter in place orders and moved to work -from -home, we leveraged 4378 our years of investment in our customer service technology systems to shift all our call center agents to 4379 work -from -home in three days. Over 1800 agents began taking calls from home, completely seamless 4380 to the customers who were calling. Throughout the months -long pandemic, we found performance 4381 improved, average call metrics improved, and customer satisfaction scores also improved. A new DRAFT AGREEMENT.V1 Page 129 of 185 Rry #4862-7000-7618 vt DRAFT 5/2/2023 4382 customer service model had been created and proven in the pandemic, whereby agents could take 4383 calls from anywhere, so long as they had access to their technology. 4384 4385 Leveraging this new proven reality, we now recognize that a vast majority of customer calls are for 4386 simple items like clarification or cart repairs, which can be served by virtual agents from any location. 4387 This paradigm shift enables far greater staffing with greater flexibility to attracting top talent from across 4388 the country, as well as flexible response to call volume surges. 4389 4390 When a customer calls our Customer Service line, a sophisticated series of actions begin: 4391 0 Initial questions for the customer help determine the complexity of the request. Simple requests 4392 are routed for virtual agents that can handle calls from anywhere in the country from their own 4393 home if needed. More complex needs can be routed to more specialized agents with knowledge 4394 of the geography and operations if appropriate. 4395 0 The customer's phone number then associates with known customer details in our database and 4396 triggers the integrated system to populate with a map of your service address, level of service, 4397 past service requests, and your city -specific contract information. This knowledge-based system 4398 even shows the customer's current weather. 4399 0 The agent confirms the customer's name and service address and begins to assist the customer 4400 with the reason for their call. 4401 0 If the question requires communication with the local operations team (such as, missed pick-up or 4402 container exchange), the agent can instantly connect with the local operations team through our 4403 national network. 4404 0 Often, the customer's concern is handled by the time s/he hangs up the phone. For those issues 4405 requiring operations support the issue will be addressed in the most -timely manner. 4406 0 Customers have the option to leave a recorded message or speak to a Supervisor if they choose 4407 4408 Servicing the Southwest area are 174 dedicated agents with a 17 -second average speed of answering 4409 time. 4410 4411 Whenever a new contract is awarded to Republic, local CSRs receive extensive training and receiving 4412 written directives on contract distinctions. Again, Republic customer service metrics are tracked 4413 internally. DRAFT AGREEMENT.V1 Page 130 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 4414 Santa 12949 Fe Telegraph Springs Road Center Santa Fe Springs, California 90670 4415 4416 Additional support and oversight is located at Republic's office in Santa Fe Springs which includes our 4417 Data Entry and Payment Collections Department. 4418 4419 Customer Service Training and Monitoring 4420 Republic has developed comprehensive customer service training that has been specifically tailored to 4421 the Southern California market and even further tailored to individual communities where Republic 4422 provides service. 4423 4424 There are two primary components to this training: 4425 1) training schedule. 4426 2) accompanying materials and resources. 4427 4428 As indicated earlier, before new CSRs are allowed to handle phone calls on their own, they undergo an 4429 extensive training course that orients them to the general business, to the specific services Republic 4430 provides, and to their roles and responsibilities in meeting Republic's commitments to Rosemead and 4431 its customers. 4432 4433 The training program includes in-depth training modules such as: 4434 Building Strong Customer Relationships 4435 Customer Service Via Phone and E-mail 4436 Excellence in Technical Customer Service. 4437 4438 Each module contains several components. Additionally, as indicated previously, all CSRs are 4439 monitored for their call quality, where calls are recorded, evaluated, and reviewed with management. DRAFT AGREEMENT.V1 Page 131 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 4440 4441 4442 4443 4444 4445 4446 4447 4448 4449 4450 4451 4452 4453 4454 4455 4456 4457 4458 4459 4460 4461 4462 4463 4464 4465 4466 4467 4468 4469 4470 4471 4472 4473 4474 4475 4476 4477 4478 4479 4480 4481 4482 4483 4484 4485 4486 4487 4488 4489 4490 4491 During the review, Supervisors coach employees on soft skills including courtesy, how to be more pro- active, and one -call resolution. This strong training foundation is pivotal to Republic's local success at achieving above-average call response and call waiting metrics. All Customer Service staff also receive quality -based performance reviews and ongoing training in the most advanced customer service techniques. Interactive training tools and resources for Customer Service Managers are located on Republic's internal website. 4. Payment Programs Republic's online bill pay feature allows customers to view their Republic Services invoice, view their online payment details, schedule future payments, and sign up for Republic's automatic payment service. When customers register for online billing, they will be prompted to create a user ID and password. If they choose this option account information will be securely stored in their profile for future use. One-time payment is a quick way for customers to pay their bills online. "One -Time Payment" does not require a user ID or password and we will not store payment account information. If customers provide their email address, it will keep it with the customer's payment record, so the company can send an electronic payment confirmation and contact the customer if there is a problem with payment. Web Portal/Mobile Application Rosemead commercial and multi -family customers will have use of the Republic Services app. This is a self-service tool for Republic customers, that also features an easy way to pay bills. Republic Services app provides enhanced customer service, allowing Republic customers to focus on tasks they deem to be of higher value. This exciting tool gives customers instant access to: • Manage their account. • View invoices. • Pay bills. • Request services, increase/decrease service, or exchange containers. • Get assistance. The Republic Services app empowers customers to manage their own accounts in general as well. New data shows that within a few years nearly 70 percent of all people in the U.S. will be online. As that number grows demand for web -based resources will grow. Website All Republic customers can easily find their local web page by logging onto www.republicservices.com. A landing page for Rosemead will be developed based on contract requirements. A direct link to the Rosemead website will be provided in education and outreach materials. Republic's website not only contains comprehensive service information, but there are also educational resources for teachers and students, as well as environmental and sustainability information. DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 132 of 185 4492 4493 DRAFT AGREEMENT.V1 Page 133 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 4494 4495 4496 4497 4498 4499 4500 4501 4502 4503 4504 4505 4506 4507 4508 4509 4510 4511 4512 4513 4514 4515 4516 4517 4518 4519 4520 4521 4522 Exhibit 8 Collection Service Operations Plan Republic Services' continued growth and extensive experience in collection programs, processing and diversion have situated the company in a position to ensure that necessary resources will be available during the transition period and contract term. 1. Vehicles No newly purchased collection vehicles are on order to service the City in preparation for a contract award, as Republic currently possesses all necessary vehicles to service the City of Rosemead and its customers. Republic will utilize uniquely numbered, new model year vehicles with a useful life expectancy of fifteen (15) years. This will include: Quantity Type I Model I Year I Useful Life 1 Rolloff AUTOCAR 2016 8 8 FL PETERBILT 2017-2018 9 4 ASL IASL JAUTOCAR 2016-2017 8 2 2403 JAUTOCAR 2021 13 al Automated Collection Vehicles Truck # Type Year Fuel Vin Lic Make/Model 2400 ASL 2016 CNG 3BPDX20X9JF174318 36101 J2 AUTOCAR 2401 ASL 2017 CNG 3BPD520X0JF174319 36102J2 AUTOCAR 2403 ASL 2017 CNG 3BPDX20X9JF174321 36104J2 AUTOCAR 2404 ASL 2017 CNG 3BPDX20XOJF174322 36105J2 AUTOCAR 2999 ASL 2021 CNG 3BPDL20X1 MF1 10869 33746J3 AUTOCAR 2998 ASL 2021 CNG I 3BPDL20XXMF110868 98130F3 AUTOCAR h1 (:nmmerrlal Cnllertinn Vahirlpc Truck # Type Year Fuel Vin Lic Make/Model 8690 FL 2018 CNG 3BPDX20X9JF161262 37288J2 PETERBILT 8537 FL 2018 CNG 3BPDX20X8JF160717 88024G2 PETERBILT 8691 FL 2017 CNG 3BPDX20X5JF161260 88795G2 PETERBILT 8695 FL 2018 CNG 3BPDX20X7JF160708 88019G2 PETERBILT 8694 FL 2018 CNG 3BPDX20X3JF160706 8802162 PETERBILT 8697 FL 2017 CNG 3BPDX20X7JF161261 60660K2 PETERBILT 8699 FL 2021 CNG 3BPDX20XOMF110768 99480G3 PETERBILT 8696 FL 2018 CNG 3BPDX20X5JF160707 8802262 PETERBILT c) Other Vehicles Industrial Truck # Type Year Fuel Vin 77Lic Make/Model 1626 Roll Off 2016 CNG 5VCACLSF4GH221498 1 4402462 JAUTOCAR DRAFT AGREEMENT.V1 RIV #4862-7000-7618 vi DRAFT 5/2/2023 Page 134 of 185 4523 4524 4525 4526 4527 4528 4529 4530 4531 4532 4533 4534 4535 4536 4537 4538 4539 4540 4541 4542 4543 4544 4545 4546 4547 4548 4549 d) Specialized Equipment All Republic collection vehicles are equipped with the following items to assure both public and employee safety during all on -route and off -route operations • • ABS braking system • • Rear vision camera • • Back-up alarm • • Battery disconnect • • Safety triangles • • Fire extinguisher • • In -cab methane detection monitoring systems • • Dual air horn • • Prutsman 7 x 16" West Coast Mirrors • • Dual convex safety mirror • • Body hoist, arm, rear door warning alarms • • Tag axles • • Rear working strobe warning light • • Right-hand turn safety equipment The back-up cameras, LED lighting, back-up lights audible warning devices, and yellow hazard lights are activated when the vehicle is forced to maneuver in safety sensitive areas, ensuring the highest level of safety on public streets. In addition, each vehicle is equipped with a broom, shovel, spill kit, and emergency equipment to manage most incidents that may occur on -route. e) Vehicle Specifications Automated Side Loaders Front Loaders Roll -Off FueiTypc Natural Gas Chassic Peterbilt 520 Body: McNedus Zero Radius ASL Capacity: 27 CY No. Axks:4 GVW: 57.500 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Fuel Type: Natural Gas Chassis: Peterb-k 520 Body: Heil Half -Pack Od)ssey FEL CspaCAy:28 CY No. Astec: 4 GVW: 57500 Fuel Type: Natural Gas Chassis: Peterbilt 520 Body: Galbreth Capacity: N!A No. Axles: i GVW: 5 :�O Page 135 of 185 4550 4551 4552 4553 4554 4555 4556 4557 4558 4559 4560 4561 4562 4563 4564 4565 4566 4567 4568 4569 4570 4571 4572 4573 4574 4575 4576 4577 4578 4579 4580 4581 4582 4583 4584 4585 4586 4587 4588 4589 4590 4591 The requested vehicle specifications are identified below. f) Reduction of Air Emissions and Wear & Tear on City Streets New and consistently well-maintained CNG -powered collection vehicles greatly cut emissions (and noise), and optimized routes reduce vehicle miles traveled and street wear and tear. Republic has helped its equipment partners design vehicles to increase carrying capacity, which minimizes trips to the transfer station—keeping vehicles on route longer and again, reducing vehicle miles traveled. g) Vehicle Technology RNG Engines All of Republic's frontline collection vehicles will feature renewable natural gas -powered engines utilizing either Compressed Natural Gas (CNG) or Liquid Natural Gas (LNG). For nearly a decade, Republic has provided these fuel types to all of its Southern California divisions, to comply with SCAQMD Air Pollution Control District regulations. Lightweight Body Design Republic and Heil have been strategic partners for about 20 years and have designed a lightweight front loader body allowing Republic to safely run ten -ton legal payloads while still maintaining a durable platform and conforming to the Federal Bridge Weight Standards. The project has been a huge success with over 1,000 Heil lightweight front loaders running in the field. Camera Technology Republic's cab technology integrates with cameras to document service issues on driver's phone. This technology is GIS/GPS-driven. Service Verification Through the use of Republic's Connect application, Republic driver and truck locations are reported at regular time and distance intervals, providing the operations team with the whereabouts and situational awareness of the fleet and all routes during the day. Additionally, Republic utilizes geo-fencing capabilities, to set geographic boundaries for routes, which trigger alerts when vehicles cross a defined geo-fence border. This information assists operation team members in determining whether drivers are on pace for on-time route completion, or whether additional support must be dispatched due to unforeseen circumstances. Vehicle Maintenance Program DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 136 of 185 Fuel Size # of GVWR Capacity # of Collection Type Axles Compartments Side CNG 4 57,500 27 CY 3 Loader Side CNG 4 57,500 27 CY 3 Loader Front CNG 4 57,500 28CY 3 Loader Scout CNG 1 N/A Truck Flat CNG 3 51,500 N/A 4 Bed f) Reduction of Air Emissions and Wear & Tear on City Streets New and consistently well-maintained CNG -powered collection vehicles greatly cut emissions (and noise), and optimized routes reduce vehicle miles traveled and street wear and tear. Republic has helped its equipment partners design vehicles to increase carrying capacity, which minimizes trips to the transfer station—keeping vehicles on route longer and again, reducing vehicle miles traveled. g) Vehicle Technology RNG Engines All of Republic's frontline collection vehicles will feature renewable natural gas -powered engines utilizing either Compressed Natural Gas (CNG) or Liquid Natural Gas (LNG). For nearly a decade, Republic has provided these fuel types to all of its Southern California divisions, to comply with SCAQMD Air Pollution Control District regulations. Lightweight Body Design Republic and Heil have been strategic partners for about 20 years and have designed a lightweight front loader body allowing Republic to safely run ten -ton legal payloads while still maintaining a durable platform and conforming to the Federal Bridge Weight Standards. The project has been a huge success with over 1,000 Heil lightweight front loaders running in the field. Camera Technology Republic's cab technology integrates with cameras to document service issues on driver's phone. This technology is GIS/GPS-driven. Service Verification Through the use of Republic's Connect application, Republic driver and truck locations are reported at regular time and distance intervals, providing the operations team with the whereabouts and situational awareness of the fleet and all routes during the day. Additionally, Republic utilizes geo-fencing capabilities, to set geographic boundaries for routes, which trigger alerts when vehicles cross a defined geo-fence border. This information assists operation team members in determining whether drivers are on pace for on-time route completion, or whether additional support must be dispatched due to unforeseen circumstances. Vehicle Maintenance Program DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 136 of 185 4592 Republic's fleet of vehicles undergoes the most extensive preventive maintenance 4593 procedures in the industry, which leads to a safer, more efficient, and environmentally 4594 sound collection process. Company vehicles undergo rigorous preventive maintenance 4595 procedures and comprehensive pre- and post -trip inspections which exceed industry 4596 standards to ensure the highest level of performance and safety while on route and 4597 minimal downtime. 4598 These procedures, along with Republic's route optimization program and quick disposal 4599 turn -around, translates into fewer trucks and truck time on the streets, less air and 4600 noise pollution, less wear and tear on the infrastructure, less traffic congestion on 4601 public streets, and an enhanced level of safety in the community. 4602 4603 Republic has a well-established vehicle maintenance program that includes tracking 4604 and recording detailed maintenance history of every piece of rolling stock. The 4605 Company keeps accurate and detailed maintenance logs—available to City staff for 4606 inspection upon request—identifying each vehicle by identification number, date 4607 purchased, dates of routine maintenance, dates of any additional maintenance, as well 4608 as a description of the maintenance performed. 4609 4610 Engineering Design Partnerships 4611 Because Republic purchases over 750 collection vehicles each year, it has 4612 considerable design input with its vehicle manufacturers, which has yielded collection 4613 vehicles with optimized carrying capacity, significantly reducing emissions and vehicle 4614 miles traveled. 4615 4616 h) Vehicle Appearance 4617 Republic always maintains its solid waste and recycling collection fleet in clean 4618 condition and in excellent repair. All vehicle parts and systems are checked by 4619 maintenance staff according to Republic's established maintenance procedures and 4620 the manufacturer's recommended preventive maintenance schedule to ensure that the 4621 vehicles operate properly and safely. 4622 4623 Republic's route drivers are required to conduct pre- and post -trip vehicle inspections 4624 as part of the daily routine to assure all equipment is operable and safe before use. To 4625 maintain a professional brand, Republic adheres to strict standards relative to 4626 equipment color and signage. All collection vehicles are washed regularly at a wash 4627 station conforming to Best Management Practice guidelines for non -point source 4628 pollutants. 4629 4630 i) Vehicle Maintenance Program 4631 Republic's fleet of vehicles undergoes the most extensive preventive maintenance 4632 procedures in the industry, which leads to a safer, more efficient, and environmentally 4633 sound collection process. Company vehicles undergo rigorous preventive maintenance 4634 procedures and comprehensive pre- and post -trip inspections which exceed industry 4635 standards to ensure the highest level of performance and safety while on route and 4636 minimal downtime. 4637 4638 These procedures, along with Republic's route optimization program and quick disposal 4639 turn -around, translates into fewer trucks and truck time on the streets, less air and 4640 noise pollution, less wear and tear on the infrastructure, less traffic congestion on 4641 public streets, and an enhanced level of safety in the community. DRAFT AGREEMENT.V1 Page 137 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Vehicle Appearance - To maintain a professional brand, Republic adheres to strict standards relative to equipment color and signage :10 -SK 4643 Republic has a well-established vehicle maintenance program that includes tracking 4644 and recording detailed maintenance history of every piece of rolling stock. The 4645 Company keeps accurate and detailed maintenance logs—available to City staff for 4646 inspection upon request—identifying each vehicle by identification number, date 4647 purchased, dates of routine maintenance, dates of any additional maintenance, as well 4648 as a description of the maintenance performed. 4649 4650 OneFleet. Our preventive maintenance system contains six pillars 4651 Operating pillars 1 Preventive maintenance (PM) 2 Planning and scheduling 3 workplace organization 4 Repair quality and training 5 Driver practices 6 Parts management DRAFT AGREEMENT.V1 Page 138 of 185 RIV 94862-7000-7618 v1 DRAFT 5/2/2023 4652 4653 4654 4655 4656 4657 4658 4659 4660 4661 4662 4663 4664 4665 4666 4667 4668 4669 4670 4671 4672 4673 4674 4675 4676 4677 4678 4679 4680 4681 4682 4683 4684 4685 4686 4687 4688 4689 4690 4691 4692 4693 One Fleet Initiative Republic Services is dedicated to operating the best running, safest and most environmentally friendly vehicles in the industry. This goal is achieved through a coordinated vehicular operation maintenance system called OneFleet. With standardized procedures and consistent execution, the OneFleet system improves safety for the fleet, decreases repair downtime and improves customer satisfaction. Vehicle Inspection Reports Key to the preventive maintenance program is daily completion of vehicle inspection reports. This is done by the collection vehicle's assigned driver and includes both a pre - and post -trip inspection. Drivers check fluid levels, lights, tires, and other safety-related areas of their truck and indicate on the inspection report any defects or deficiencies found that day. Shop personnel review the report and check any items marked by the driver as being questionable or problematic. Mechanics then make any needed repairs before the vehicle returns to the route. Furthermore, each vehicle undergoes a thorough and comprehensive preventive maintenance inspection (PMI) every 150 hours of service. This inspection is conducted by a trained and certified brake inspector, according to USDOT requirements. The vehicle is inspected from the top to the bottom and the front to the rear including, but not limited to tires, air pressure, brakes, air system, safety camera system, gauges, engine, cooling system, hydraulic system, batteries, and general overall equipment operation. The vehicle is thoroughly lubricated, and fluids sampled and changed if required. If repairs are needed, all priority repairs are completed prior to the vehicle being returned to service; repairs that can be are scheduled to be completed at the next service. PMIS are set at different levels ranging from PMI -A to PMI -E. Each level represents a more intense inspection and/or requires different fluid levels changed, e.g. oil, hydraulic, coolant, differential, and so forth. j) Vehicle Maintenance Schedule 2. Containers a. Past Experience Container Dimensions Container Height Width Depth 35 Gallon Cart 38.25" 23.75 19.75" 5 Gallon Cart 1.75" 31.50" 24.25 95 Gallon Cart 3.25" 35.50" 29.75" 1 Cubic Yard Bin 8" 24" 72" 11/2 Cubic Yard Bin 34.5" 29.5" 72" 2 Cubic Yard Bin 1.5" 34.5" 72" 3 Cubic Yard Bin50.5 1.5" 72" Cubic Yard Bin 57" 50.5" 72" Cubic Yard Bin 5'10 6'11 5'9 b. Sufficiency of Capacity Republic will be utilizing its own network of expert container delivery employees to deploy all containers, as it has similarly done in other local implementation projects. Republic utilizes its customer management system, InfoPro for determining efficient and timely container deployment. This application features: A built-in geocoder for un -coded addresses. DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 139 of 185 4694 . The ability to re -sequence order of stops to accommodate traffic patterns and other 4695 impactful routing events. 4696 . The ability to add break points for restocking delivery trucks. 4697 • If a manual change is entered and results in the truck either exceeding container capacity 4698 or running out of containers too soon, all subsequent stops are flagged as having a 4699 capacity issue. Once all addresses being scheduled to receive containers are entered 4700 and geo-coded, a detailed delivery itinerary is subsequently created and tracked until 4701 completion. 4702 4703 c. Bin Enclosures and Limited Space 4704 Under Republic's primary approach, commercial bin customers will be broken down into two 4705 categories: a) commercial businesses and b) multi -family customers since these customer 4706 types have unique service and outreach requirements. 4707 4708 Each commercial and multi -family customer will receive a tailored site assessment to establish 4709 existing and revised services levels, container needs, and document any space restrictions or 4710 unique service requirements. These site visits and assessments will be repeated multiple times 4711 over the life of the agreement to drive customer satisfaction, education, and program 4712 participation in source separated collections. Since Rosemead commercial customers have 4713 historically elected to enroll in recycle and organics source separated programs, there are 4714 currently moderate participation rates for recycling and/or organics services. In the new 4715 contract, a successful source separate collection program is dependent on a mandatory 4716 requirement of program participation. 4717 4718 d. Container Appearance 4719 Republic takes pride in the appearance of its equipment. The condition of all containers is 4720 audited annually, on a rolling basis, and scheduled for replacement as needed. 4721 4722 1) Container Durability 4723 Residential Container Specifications 4724 4725 Durable and easy to move carts 4726 4727 Please see below information on carts from our selected trade partner, SCHAFER. 4728 We have included the technical specifications on the carts that will be delivered to all 4729 Rosemead residents and businesses below. DRAFT AGREEMENT.V1 Page 140 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 BODY • NO+•ip Cw M.G [NMOn(gl,r•IW g.abb.r ..«.r.o•. - Snroatla a✓txn n.b mf a..rla NAr <lwvp - ba,acrao� mdGeG b Raaa•fnwr� avwn«w and d.• W ba' Or» c+cR AqA aar,:r PaIvwClv*,+� OIOCEf RAR i UPPER ATTACHMENT • a«ax na rRc«'can Da. b•Mas-rocs on c.n erode vywy a.•.I,l._ r....da.d I,.r a..paa.. - ... <V:w•a h Aaf arw> b, du..naev • -. ..r <buutl lh Dar br ba4 pool Dale Im.boa on 65 PYbn) - 1naRpMd. rc•+bcod ufao••wracwrnerR b. rw•.a<Re•rvtd Ih-.w • YM•.Il I1NS. •.�W.<f• uos i HANDLES Sdd �d w 4 wM - -o4r•e J -pour MM w.W.- Qerlapp.nq YO br r>n paY.<:on Irn•de b`CP^O r•w b x.l e<eCaa • Erp<xwm<a Jv dwproA Arad 9•Cab w4 euaw a•d or v.«sora • Srno«w a.+•ace w•M ro pec.vsena v - WHEELS A AXLES - So+d oda d amfrrf� rv[ee and Lnc CAon.Yoa saN 1..lrr.: t•M m•+x«.tw. t rHt I;w.-•r - DvaDb HOPI wf.aa br Nat •MM inn • Ya•rweelwb v -Ne 6S a••d 3S a•�b• an0>/q• on awe ligate.. BOTTOM Ar.J:«a lanCC<nn b •:I Cling • Uui Y,'r•ar fVVb/b"9ar Na OUTSIDE DIMENSIONS RUECTJON MOLDED MANYFACTUMNC MANAGED ASSEMBLY i DISTRWJTJO/l AND COMPRENENSME FLEET SERVICES COLORS, MARKINGS, & OPTIONS ,l Vt IMYY Gf[[M O[Ra Gli[fa tI10WN aRR ,w01M1 GRA• RK{ e> - A..•.ra.-. v. ws .•d 95-.y,,•.v:.-..,y MANUFACTURING LOCATIONS 4730 4731 4732 2) Automated Carts 4733 Please see above information on carts from our selected trade partner, SCHAFER. We have 4734 included the technical specifications on the carts that will be delivered to all Rosemead 4735 residents and businesses above. 4736 4737 Residential compliance with existing and emergent regulations is gained logistically through a 4738 three -cart system and the distribution of new residential carts that are appropriately colored 4739 and labeled, as well as the continued inclusion of commingled food waste with yard waste in 4740 the green/organics cart. 4741 4742 Republic Services will continue to provide fully automated curbside collection service once per 4743 week to all customers of residential single-family properties on their current scheduled 4744 collection day. Each residential customer will receive a brand-new set of SB 1383 complaint 4745 carts by no later than August 1, 2023. Customers will also be able to select 35 -gallon or 64- 4746 gallon carts as per the draft Agreement to best accommodate their volume needs. 4747 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 141 of 185 7 i J [ S a,r.• lar �' sN am ` tu Lan, t1ReY11, �r wwa a"a YYK a �I. LLi i1Y :il )li 1 ':1R iW C•W a13 Yf N[ Rf L !*ft "I RUECTJON MOLDED MANYFACTUMNC MANAGED ASSEMBLY i DISTRWJTJO/l AND COMPRENENSME FLEET SERVICES COLORS, MARKINGS, & OPTIONS ,l Vt IMYY Gf[[M O[Ra Gli[fa tI10WN aRR ,w01M1 GRA• RK{ e> - A..•.ra.-. v. ws .•d 95-.y,,•.v:.-..,y MANUFACTURING LOCATIONS 4730 4731 4732 2) Automated Carts 4733 Please see above information on carts from our selected trade partner, SCHAFER. We have 4734 included the technical specifications on the carts that will be delivered to all Rosemead 4735 residents and businesses above. 4736 4737 Residential compliance with existing and emergent regulations is gained logistically through a 4738 three -cart system and the distribution of new residential carts that are appropriately colored 4739 and labeled, as well as the continued inclusion of commingled food waste with yard waste in 4740 the green/organics cart. 4741 4742 Republic Services will continue to provide fully automated curbside collection service once per 4743 week to all customers of residential single-family properties on their current scheduled 4744 collection day. Each residential customer will receive a brand-new set of SB 1383 complaint 4745 carts by no later than August 1, 2023. Customers will also be able to select 35 -gallon or 64- 4746 gallon carts as per the draft Agreement to best accommodate their volume needs. 4747 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 141 of 185 4748 4749 4750 4751 4752 4753 4754 4755 4756 4757 4758 4759 4760 4761 4762 4763 4764 4765 4766 4767 4768 4769 4770 4771 4772 4773 4774 4775 4776 4777 The choice of 35-, 64- and 96 -gallon refuse cart options will be given to customers who request reduced volume cart service and will be billed accordingly to the Proposed Rate Schedule 3) Commercial Bins Commercial and Multi -Family Container Specifications Republic Services will offer commercial and multi -family customers both cart and bin (dumpster) services. Republic utilizes standard 10 -(heavy) gauge bins. Bins are placed on a rotating system of refurbishment, so that the bin inventory is continually monitored, and repairs and repainting completed as needed. Cart and bin options /or Rosemead that are color compliant with SB 1383 requirements. Republic anticipates servicing over 700 commercial bins and dumpsters of various sizes within Rosemead on a weekly basis. The current commercial and multi -family containers are currently SB 1383 color compliant. However, Republic Services will continue to utilize the existing container by refurbishing and painting them and, upon request from the customer or startup of new services, will provide the customer with a refurbished or new SB 1383 compliant container. e. Container Maintenance Program Republic takes pride in the appearance of its equipment. The condition of all containers is audited annually, on a rolling basis, and scheduled for replacement as needed. Containers that require repairs or maintenance will be delivered to Republic's local container repair facility in Long Beach. Container management services may include: • Lid repair/replacement • Wheel repair/replacement • Welding of dent/rust spots • Labeling, if necessary • Sanitizing DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 142 of 185 4778 • Graffiti removal 4779 • Repainting and refurbishment 4780 4781 When containers are retrieved for maintenance, repair, or cleaning, they are simply 4782 exchanged for a container of the identical type/size so that a container is always onsite for 4783 the customer. 4784 4785 All observed instances of a damaged and/or graffiti -ridden container will be exchanged within 4786 24 -hours upon driver notification or received customer request. 4787 4788 Flexible, Tailored Solutions 4789 Our dedicated team is available to consult with businesses and communities of any size to 4790 conduct a comprehensive on-site waste assessment to determine the needed services, 4791 collection frequencies, and dumpster sizes. During the assessment, we will identify dumpster 4792 locations and access paths that allow for safe, convenient service. 4793 4794 Right -sizing service levels can increase waste diversion, improve collection productivity, and 4795 lead to reduced costs for customers. 4796 4797 3. Route Operations 4798 Great operations come from great people. Republic Services' locally based operations team 4799 draws from extensive training and the backing of a seasoned corporate support team. The 4800 result is a 99.9% on-time service record, with an emphasis on safety, sustainable practices, 4801 and low-risk operations. 4802 4803 Operations Overview 4804 Successful collection operations begin with a skillful operations supervisor who knows the 4805 business as well as your community. Your Republic Services local operations manager is 4806 responsible for the day-to-day collection operations, including development and evaluation of 4807 routing (in conjunction with the general manager), training and oversight of drivers, and 4808 implementation and enforcement of safety procedures. 4809 4810 We ensure our operations supervisors are not overloaded, nor tied to a desk. On average, we 4811 maintain a 15:1 ratio of routes to supervisors, which means that items needing attention are 4812 dealt with immediately and that the supervisor knows your community intimately. In addition, 4813 our supervisors are out on the routes regularly. At least twice per week, they conduct a ride - 4814 along with drivers on their routes. This creates great opportunities for driver 4815 4816 a) Advantages to Collection Vehicles Chosen 4817 Since Republic collection vehicles are co -engineered with the manufacturers and are 4818 therefore, purposefully built, the vehicle uptime is improved making the collection to delivery 4819 cycle shorter. 4820 4821 Our collection arm types and hauling capacity ensure that all Rosemead routes operate 4822 efficiently, timely, and capable of collecting the most amount of material before unloading at a 4823 local transfer station. 4824 4825 b) Driver Responsibilities 4826 The driver activity sequence for automated cart collection is: 4827 • The driver arrives at the service address and checks the route sheet for any notes 4828 pertaining to that customer. 4829 • The driver checks for any possible obstructions to making the collection and checks 4830 mirrors and cameras as a safety precaution. DRAFT AGREEMENT.V1 Page 143 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 • The driver utilizes the controls to make the collection, then again, to return the cart to its original position. • After the cart is replaced, the driver checks the serviced area to ensure it is clear of any litter. • The driver continues to the next stop on the route sheet. • Once the truck has reached capacity or the driver has concluded the route, the driver drives directly to the approved transfer station where loads are checked before transferring to a processing or disposal facility. • For recycling and organic waste setouts, Republic drivers, supervisors, and/or the Rosemead Compliance Monitor performs a periodic visual contamination check of the cart contents. Driver Activity Sequencing: Front Loader Commercial/Bin Collection • The driver arrives at the service address and checks the route sheet for any notes pertaining to that customer. • The driver checks for any possible obstructions to making the collection, such as overhead wires, and checks mirrors and cameras as a safety precaution. • The driver dismounts the collection vehicle, if necessary, to unlock/open entrance or enclosure gates. • The driver unlocks the front loader bin, if locked, and opens the lid to perform a visual check for hazardous/unpermitted wastes. • The driver positions the truck or pushes/pulls the container to the truck such that the truck forks are aligned to the bin pockets and ensures there is ample overhead clearance empty to thecontainer. The driver then slowly drives forward to stab the container. • The driver utilizes a control to lift, empty, and return the bin to its previous position. During this process, the driver again checks the container contents, as they are being emptied into the truck hopper, for hazardous/unpermitted wastes • The driver dismounts the vehicle, if necessary, to return the container to its collection point and locks the bin/enclosure gate if necessary. • While out of the vehicle, the driver picks up and disposes of any litter that has fallen during collection. If the driver encounters an enclosure or collection point that is exceedingly/consistently messy due to overflow, the driver will call dispatch to place a call to the manager asking for authorization to issue an extra dump. Should the manager refuse, Republic will report the matter to the City for resolution, along with service suggestions to remedy the situation long-term. • Once the truck has reached capacity, or the driver has concluded the route, the driver goes directly to the approved transfer station where loads are checked before transferring to a processing or disposal facility. c) Anticipated Driver Productivitv DRAFT AGREEMENTNII RIV #4862-7000-7616 v1 DRAFT 5/2/2023 Page 144 of 185 Of Vehicle Total On Total # of of Passes Route Operations Of of of Route Route Containers Containersper Crew Trucks Routes Hours Hours Collected Collected 1 Customer Hour per week Residential Trash 3 3 3 12 11 10,890 70 3/day Residential 4 4 4 12 11 10,890 70 3/day Recycling Residential 3 3 3 12 11 10,890 70 3/day Organics DRAFT AGREEMENTNII RIV #4862-7000-7616 v1 DRAFT 5/2/2023 Page 144 of 185 4871 Commercial Trash 3 13 3 112 Ill 1851 1 TBD 13 /week Commercial Recycling 2 2 12 11 267 TBD 3/week d) Operational Communications Republic's Connect application, previously specified, also enable safe, two-way communications between the dispatch team and drivers. Text messages or voice- recorded messages may be sent between the dispatcher and each driver, which can be read or retrieved when the vehicle is stopped at a customer pickup location. Additionally, drivers are able to capture and attach photographic images for specific accounts to document issues, obstructions, or other useful information that can then be shared with the City of Rosemead or the customer. Captured field observations are then attached to customer account records in the InfoPro database. The pdvConnect devices also enable two-way communications between the dispatch team and the drivers, in a safe manner. Text messages or voice recorded messages can be sent between the dispatcher and each driver, which can be read or retrieved when the vehicle is stopped at a customer. Driver Connected Devices. Our drivers are equipped with Sonim XP5 rugged devices offering GPS tracking and 2 -way communications. e) Driver Contamination Monitoring Please see Exhibit 10, Sustainability and Compliance Plan, for a fully outlined contamination monitoring overview of activities and actions. DRAFT AGREEMENT.V1 RIV #4862-7000-7618 vi DRAFT 5/2/2023 Page 145 of 185 of Of Vehicle Total On Total # of Passes of # of # of Containers Route Operations Route Route Containers per Crew Trucks Routes Collected / Hours Hours Collected Customer Hour per week Commercial 1 1 1 12 11 221 TBD 2/week Organics Bulky Collection 1 1 1 12 11 N/A N/A N/A Barrel/ Bin 2 2 2 12 11 N/A N/A N/A Delivery Scout Bin Route 1 1 1 12 11 70-80 Varies Varies d) Operational Communications Republic's Connect application, previously specified, also enable safe, two-way communications between the dispatch team and drivers. Text messages or voice- recorded messages may be sent between the dispatcher and each driver, which can be read or retrieved when the vehicle is stopped at a customer pickup location. Additionally, drivers are able to capture and attach photographic images for specific accounts to document issues, obstructions, or other useful information that can then be shared with the City of Rosemead or the customer. Captured field observations are then attached to customer account records in the InfoPro database. The pdvConnect devices also enable two-way communications between the dispatch team and the drivers, in a safe manner. Text messages or voice recorded messages can be sent between the dispatcher and each driver, which can be read or retrieved when the vehicle is stopped at a customer. Driver Connected Devices. Our drivers are equipped with Sonim XP5 rugged devices offering GPS tracking and 2 -way communications. e) Driver Contamination Monitoring Please see Exhibit 10, Sustainability and Compliance Plan, for a fully outlined contamination monitoring overview of activities and actions. DRAFT AGREEMENT.V1 RIV #4862-7000-7618 vi DRAFT 5/2/2023 Page 145 of 185 4896 1) Audit Plan 4897 Rosemead and Republic Services are required to monitor containers to minimize prohibited 4898 cart contaminants. Monitoring requires annually auditing containers along every collection 4899 route to ensure all containers are correctly sorted. 4900 A high contamination level requires more processing and negatively affects the quality of 4901 the finished product. To achieve a sustainable organic recycling program and meet the 4902 law's monitoring requirement, Rosemead and Republic Services must work together to 4903 minimize contamination in every container. Rosemead and Republic Services are required 4904 to monitor containers to minimize prohibited cart contaminants. 4905 4906 Our proposed contamination minimization program will include: 4907 • Route Reviews: Carts randomly selected and physically inspected along each 4908 route, throughout each year. 4909 0 Waste Evaluations: once per year, as directed by the City, for each customer and 4910 commodity type. 4911 Notify Customers: Cart/bin "Oops," tags will inform customers of proper material 4912 separation and reason for non -collection. 4913 Contamination Fees: Contamination fees will be charged to all customers with 4914 contaminated carts/bins after the two initial observations and subsequent 4915 "warnings," per year to address the added costs to further process and dispose of 4916 the contaminated materials. 4917 4918 Upon Republic's observation of contaminated materials, a customer service representative 4919 or dispatcher will make contact with customer that same day. If returned service is 4920 requested by the customer within two business days, Republic will return and provide 4921 service the next business day. 4922 2) Route Maps 4923 Please see Attachment 1: Route Maps 4924 4925 3) Route Audit Team 4926 Republic will deploy its entire internal team of experienced recycling coordinators to assess 4927 each commercial1multi-family customer in Rosemead. This effort will commence 4928 immediately upon contract execution and will continue through the transition period and 4929 beyond the operations start date to ensure the level of personalized attention customers 4930 will need to engage with the program and set up all stakeholders for success. 4931 4932 4) Route Audit Team Training 4933 Ongoing, our dedicated recycling coordinator will interact daily with customers, drivers, and 4934 the Route Supervisors to facilitate movement toward greater customer participation. 4935 Regular monitoring and scheduled follow-up auditing will generate the necessary data to 4936 guide all ongoing activities. 4937 4938 5) Conducting the Audit 4939 To ensure that the City of Rosemead meets all state mandates and diversion targets, 4940 Republic will allocate one fulltime Compliance Monitor/Route Auditor solely dedicated to 4941 the City of Rosemead to work in conjunction with the two Recycling Coordinators. This new 4942 hire will be tasked with driving diversion initiatives, proper program enrollment/participation, 4943 route reviews and container audits, and on the ground education/outreach to residents and 4944 businesses alike. This new role will ensure that Rosemead receives the very best local 4945 customer service — at the comfort of each customer's own address. 4946 DRAFT AGREEMENT.V1 Page 146 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 !6rti 4948 4949 4950 4951 4952 4953 4954 4955 4956 4957 4958 3) Facilities It is our business to help you and your residents to be environmentally responsible in their homes and workplaces. As you would expect, we strive to be exemplary in our own environmental compliance and responsibility at our facilities. a) Designated Facilities Republic's corporate offices and hauling operations facilities used to service the City are listed below: Facility Location Distance to City Center Hauling Operations Bel -Art Transfer 2495 E 68th 10 miles Material Recovery Facility - St, Long Beach, CA 90805 10 Miles Corporate Offices Long Beach Hauling 10 miles Material Recovery Facility - 2531 E. 67th St. Long Beach, 12 Miles Recyclables CA 90805 Transfer Station East L.A. Transfer 7 miles 1512 N. Bonnie Beach Place Los Angeles, CA 90063 Material Recovery Facility - CVT Regional Materials 17 Miles Recyclables Facility 277 E. Gretta Lane, Anaheim, CA 92806 Landfill - MSW Sunshine Canyon Landfill 35 Miles 14747 San Fernando Road, Sylmar, Sunshine LF (in Los Angeles County), CA 91342 Composting Facility -Green Agromin Onatrio 8292 Edison 30 Miles Waste & processed clean Ave Ontario, CA 91762 food waste Composting Facility — Kochergen Farms 209 Miles commingled green and food Composting waste 33915 Avenal Cutoff Rd, Kettleman City, CA 93239 Composting Facility - 6061 North Wheeler Ridge 127 Miles commingled green and food Road, Lamont, CA 93241 waste Construction and Demolition AIS 11 Miles 5626 Cherry Ave, Long Beach, CA 90805 Alternate Facilities Chart Material Recovery Facility - 2808 S. Workman Mill Road, 6 Miles Recyclables Whittier, CA 90601 Material Recovery Facility - 1501 W. Gladstone Azusa, CA 10 Miles Recyclables 91701 Material Recovery Facility - 9016 Norwalk Blvd Santa Fe 12 Miles Recyclables Springs, CA 90670 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 Page 147 of 185 4959 Republic proposes delivering solid waste, commingled recyclables, and organics 4960 to the facilities listed below. 4961 Commodity Disposal Facility Owner Location Distance Facility Capacity Recyclables CVT to City Solid Landfill MSW Republic 14747 San 35 miles Waste/Residue Organic Waste Services Fernando Kochergen Farms Composting Facility — Estimated 85 — 95% Road, Sylmar Composting, Inc. CA 91342 Composting Facility Recyclables Material Republic 277 E. Gretta 17 miles Recovery Services Lane, Anaheim, Valley Organics, Facility above CA 92806 South Organic Waste Green Waste Composting Co -owned by Agromin 30 Miles & processed Facility Republic Onatrio 8292 N/A clean food MSW Services and Edison Ave waste Construction and Agromin Ontario, CA Demolition 91762 Construction and — commingled Composting Kochergen 33915 Avenal 209 green and food Facility — Farms Cutoff Rd, Miles waste Transfer Station Composting, Kettleman City, Station Inc CA 93239 commingled Composting Recology 6061 North 127 green and food Facility Blossom Valley Wheeler Ridge Miles waste Organics, Road, Lamont, South CA 93241 Construction Construction American AIS 11 Miles and Demolition and Demolition Industrial 5626 Cherry Services (AIS Ave, Long Beach, CA 90805 4962 4963 b) Estimated Recovery Rates Net of Residue Commodity Disposal Facility Recovery Rate Permitted Capacity Recyclables CVT Composting Facility Estimated 60 -75% 6,000 tons Regional Organic Waste Kochergen Farms Composting Facility — Estimated 85 — 95% 1,000 tons Composting, Inc. Organic Waste Composting Facility Estimated 80-90% 200 tons Agromin-Ontario Recology Blossom 80% and Valley Organics, Composting Facility above 3,750 tons South Organic Waste Sunshine Canyon Landfill LandFill N/A 9,000 tons MSW AIS Construction and 65%+ 175 tons Demolition CWS Construction and 65%+ 1,000 tons Demolition Bel -Art Transfer Station Transfer Station N/A 1,500 tons East LA Transfer Transfer Station N/A 700 ns Station DRAFT AGREEMENT.V1 Page 148 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 4965 c) Operational Limitations of Recycling and Organic Waste Processing 4966 4967 1) Organic Waste Processing 4968 2) Recyclable Material Processing 4969 4970 There are no expected nor anticipated operational limitations of recycling and organic waste 4971 processing services offered to the City of Rosemead. 4972 4973 d) How Recyclable Materials Will Be Marketed and Sold, Contingencies 4974 Republic's Materials Marketing Group (MMG) brings significant value to the City through the 4975 leveraging of the nearly five million tons of commodities Republic typically moves annually. MMG 4976 is a Republic Services corporate function, meaning that any/all tons processed through the 4977 Republic's facilities are marketed and sold through MMG. The MMG is headed by a Director 4978 overseeing three managers with responsibilities tied to each of Republic's three regions 4979 nationwide. Republic serves as their tons are part of a much larger pool of volume. 4980 4981 Republic has very strong relationships with both foreign and domestic markets and is able to 4982 move tons during market downturns as well as in up-cycles. 4983 4984 Each commodity end market is cyclical. As market pricing fluctuates, the MMG Manager will sell 4985 under individual contracts or purchase orders for one-time deliveries over a short period of time, 4986 or under longer term contracts with specific tonnage goals per time period, depending on the 4987 market forecast. MMG Managers and the Director are in daily communication with global end 4988 markets, understanding where pricing is at, and how it is trending. As pricing moves, so does 4989 overall demand, which can drive materials movement. MMG Managers are required to 4990 understand the complexities of materials marketing which can impact movement, such as 4991 steamship schedules, vessel space constraints, and container availability. Also, many factors 4992 vary seasonally. Material is sold on a bi-weekly or monthly basis, depending upon market 4993 conditions. Republic partners with only reputable end market partners, with whom Republic has 4994 been fostering relationships with for decades. These global partnerships allow Republic to 4995 maintain market premiums for material as well as consistent movement. 4996 4997 Republic leverages the millions of tons it manages each year on a global level, which is a 4998 tremendous advantage for each city 4999 5000 4. SafetV 5001 Safety is Republic Services' highest priority. We adhere to a strict policy of safety protocols with 5002 supporting infrastructure, where employees are trained to Think. Choose. Live. 5003 5004 Republic Services has an industry leading safety program that has been 39% better than the 5005 industry average for the past ten years, based on OSHA data. In addition, we have been 5006 recipients of 70% of industry Driver of the Year since 2009. 5007 5008 Republic Services maintains strict compliance with all applicable OSHA and Federal, State, and 5009 Local safety requirements while performing all work-related functions. 5010 5011 We recognize that a safe workforce is not simply a discussion with a new hire, but a dedicated 5012 plan to review, educate, and verify employee practices throughout their career. 5013 5014 b. Staffing Safety Requirements 5015 Please reference driver qualifications on the following pages. 5016 DRAFT AGREEMENT.V1 Page 149 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 REPUBLIC SERVICES Driver Qualifications Propose: Provide guidance on USDOT requirements for maintaining Driver Qualification Files. Regulatory USDOT 49 CFR 391, Qualifications of Driven; and References: Applicable State Regulations .Applies to: Hauling companies, transfer stations or other locations that employ Commercial Motor Vehicle (CMV) driven. Procedures: L DQF Contents -All CMV driven must have a Driver Qualification File (DQF) which will be comprised of 3 separate files: Driver Qualification, Drug and Alcohol and History File. Procedures: Contents of the Driver Qualification File: • Driver's application for employment (permanent) • Responses of state agencies to the inquiries and investigations required to be made within 30 days of the driver's employment, concerting the driver's driving record (MVR - Motor Vehicle Report) for prior 3 years (maintain initial MVR and 3 years from MVR nm date) Consult MVR Standard for any additional requirements for driver's MVR • Certificate of Road Test issued to the driver, or a copy of the license or certificate (e.g., Commercial Driver's License) that the motor carrier accepted as equivalent to the driver's road test (permanent) • Commercial Driver's License (copy, must be current) • Medical examiner's certificate of the driver's medical (physical) qualification to drive a motor vehicle or a legible photographic copy ofthe certificate (must be completed every 2 years or as required by medical examurer) (Maintain 3 years Som date of examination). The examination long form should be maintained at the office of the medical examiner. If copies of the long form are currently stored in the DQ file, they should be removed and placed into the employee's HIPAA/Medical file. • Regional Federal HighwayAdministrator's letter granting a waiver of certain (medical) physical disqualifications, if a waiver was issued (maintain 3 years from date of waiver) • Annual review of the driver's record to determine if the drive: continues to meet minimum requirements for safe driving and is 5017 Page 1 of 3 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 Page 150 of 185 REPUBLIC SERVICES Driver Qualifications (cantinuea) not disquatifiedfrom driving (include name ofperson perfotnung review and date) (maintain 3 years from date of review) • annual list or certificate relating to all slolations of motor vehicle laws and ordinances (other than violations involving only parking) of which the driver has been convicted or on account of which the driver has forfeited bond or collateral (maintain 3 years from date of certification) • Single license certification in which the driver acknowledges that they can only have one license at a time (permanent) • Receipt of F-NICSRs. A copy of the signature page documenting proof of receipt of the motor earner safety regulations (permanent) • A record of any other matter that relates to the driver's qualifications or ability to drive a motor vehicle safely • Meal Period Acknowledgement (permanent) • Statement of On Duty Hours (required for all new hire or rehire drivers) Contents of Drug and Alcohol File: • Drug and alcohol test results (pre-employment, random, post accident, reasonable suspicion) • Dog and alcohol chain of custody copies • Acknowledgement of receipt of Drug and Alcohol Free Workplace handbook Contents of Driver History File • All new employers must investigate and consider, at a nummum a driver's employment verification information, accident record, and drug and alcohol mforhation history. • Information must be obtained from all DOT regulated employers who employed the applicant in the past 3 years. This information can be obtained by 1. Personal Interview 2. Telephone Interview 3. Letter or othermitten correspondence • When requested DOT regulated employers must provide: Procedures: 1. General driver information (continued) 2. Employment verification information 5018 Page 2 of 3 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 Vt DRAFT 5/2/2023 Page 151 of 185 REPUBLIC SERVICES Driver Qualifications 3. Information about accidents in which the driver may have been involved 4. Whether the driver violated any of the DOT Alcohol and Drug regulations 5. Whether the driver completed the substance abuse rehabilitation program if required • Any requests from other DOT regulated employers regarding a driver's history as listed above • FCRA Acknowledgement for authorization to complete background investigations. The approved Republic Services driver application and hiring process most be followed when hiring new drivers and rehiring drivers. This ensures mandatory DOT information has been received where required, the required information is provided to driver applicants, and the drivers sign specific consents necessary to perform the safety performance check Forms: • Required forms follow within this section 5818 Page 3 of 3 5021 5022 5023 DRAFT AGREEMENT.V1 RIV 44862-7000-7618 V1 DRAFT 5/2/2023 Page 152 of 185 5024 1) Training 5025 Republic Services has the lowest occurrence of incidents and crashes in the industry due to our 5026 company -wide emphasis on safety, extensive employee training and ongoing educational 5027 development programs. Republic Services requires all operations personnel to participate in 5028 extensive classroom training and testing, as well as, on -road auditing and policy reinforcement. 5029 5030 Republic Services offers full -spectrum safety initiatives and award-winning safety training 5031 programs to all employees. We are an industry leader in safety, and we are very proud of our 5032 safety track record. 5033 Republic Services provides weekly, monthly, and annual safety training for all our employees. 5034 5035 Safety topics are developed based on subject matter required under OSHA regulation. Republic 5036 Services prepares well-developed tailgate sessions, provides translators to engage all employees 5037 and encourages open discussion and participation. 5038 5039 Meeting topics may include: 5040 • Injury and illness prevention/safety rules 5041 a Back injury prevention 5042 0 Emergency response/fire safety 5043 0 Exposure control plan 5044 • Drug and alcohol program 5045 0 Personal protective equipment 5046 • Employee right -to -know 5047 0 Hearing conservation safety 5048 0 Lock out and tag out safety 5049 • Slips, trips, and falls 5050 Confined space entry 5051 5052 2) Personal Protective Equipment 5053 Republic Services is committed to providing the safest collection and disposal processes possible. 5054 We recognize that effective management of worker safety and health protection is a decisive factor 5055 in reducing the extent, severity, and cost of work-related injuries and illnesses. 5056 Eye, face, head, hand, and high visibility PPE is required to be worn when applicable. 5057 5058 5. Reporting 5059 Rosemead Enforcement 5060 5061 By January 1, 2022, Rosemead adopted an enforceable ordinance(s) to mandate organic waste 5062 generators, haulers, and other entities to comply with the law's requirements. 5063 5064 The law allows Rosemead to designate Republic Services as the responsible agent to fulfill 5065 several of its responsibilities under SB 1383. However, Rosemead cannot delegate its authority to 5066 Republic Services for the imposing of civil penalties to non-compliant generators. 5067 5068 In addition to an ordinance mandating organic collection programs, Rosemead must adopt 5069 additional ordinances. One requiring compliance with specific provisions of the California Green 5070 Building Standards Code (CalGreen), and another that requires compliance with the Model Water 5071 Efficient Landscape Ordinance as outlined in the California Code of Regulations. 5072 5073 Starting on January 1, 2024, Rosemead is required to take enforcement action for any generator 5074 not in compliance with the law. However, the new Agreement will require all customers to 5075 participate in the source separated 3 -container collection program upon contract commencement. 5076 Republic Services will conduct compliance and route reviews concurrently with the contamination 5077 minimization program and will report any non-compliant generator to Rosemead. Rosemead will DRAFT AGREEMENT.V1 Page 153 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 5078 ultimately be responsible for subsequent enforcement actions by way of direct customer 5079 outreach, site visits, and fines. Again, Republic also requests that mandatory recycling services 5080 be added to the enforceable mechanisms established by way of the City's SB 1383 required 5081 ordinance 5082 5083 a. Detailed monitoring and reporting 5084 Tracking and reporting are required on all aspects of the law by Rosemead and Republic 5085 Services. If there is a requirement affiliated with SB 1383, the City must report on it. Through 5086 coordination with Rosemead staff, Republic Services will develop methodologies to track and 5087 report on all aspects of the law. Our goal is to provide Rosemead with all required data in a 5088 manner that makes reporting to CalRecycle effortless. 5089 5090 In addition to Republic's use of the "Recyclist," reporting software, we also have a full-time local 5091 City Reporting department. Our City Reporting team is tasked with compiling and submitting all 5092 reports required by our contracts including monthly reports, annual tonnage reports, customer 5093 complaint logs, etc. 5094 5095 By October 1, 2022, and August 1 annually thereafter, Rosemead will be required to submit an 5096 annual SB 1383 compliance report. Republic Services will support your City by providing the data 5097 needed for submitting the annual compliance report. 5098 5099 Rosemead is required to report on the following: 5100 Organic Collection Services 5101 • Contamination Minimization 5102 0 Waivers 5103 0 Education and Outreach 5104 Edible Food Recovery Program 5105 • Recycled Organic Waste Procurement 5106 Commercial Edible Food Generators 5107 Inspection & Enforcement 5108 5109 Technical Assistance 5110 Republic will engage our team of recycling coordinators to conduct onsite opportunity 5111 assessments with every commercial customer in Rosemead. These visits will begin upon contract 5112 commencement and ongoing through the contract term. 5113 5114 Reporting is critical to prove compliance efforts with existing and emergent regulations. Republic 5115 Services not only has a dedicated and fully staffed City Reporting Department, but also partners 5116 with "Recyclist Program Management," to prove complete automated reporting that ensures 5117 compliance with SB 1383. Republic Services primarily handles the materials it collects all the way 5118 to its final disposal location. As a result, the City can be assured of data reconciliation. Republic 5119 Services' general reporting package is generated through a suite of applications that it is proven 5120 to accurately track all data needed for reporting requirements. 5121 5122 The chart on the following page represents our data captures for necessary reporting required of 5123 the City. All reports can be transmitted electronically to the City's representative on a mutually 5124 agreed upon schedule. 5125 5126 Republic uses Salesforce to track recycling coordinator activities and Recyclist Data Management 5127 to track waste composition. Salesforce provides clear transparency to our management making 5128 sure our Coordinators are in the field performing waste assessments and seeing to our 5129 customer's needs. Our drivers and trucks are equipped with technology that will provide pictures 5130 of any issues directly to our Coordinators and Dispatch. This technology allows us to 5131 communicate visually with our customers to address any issues and validate services. DRAFT AGREEMENT.V1 Page 154 of 185 RIV #-0862-7000-7618 V1 DRAFT 5/2/2023 5132 Republic will not only educate customers through site visits on contaminations but explain 5133 services level options to reduce these concerns. Our education and outreach have proven 5134 successful across the Counties we serve. Once implementation activities have concluded, 5135 Republic's dedicated recycling coordinators will provide personalized outreach and monitoring 5136 throughout the term of the Agreement. 5137 5138 Annual Reporting (EAR) 5139 On an annual basis, jurisdictions submit a report which describes the progress a jurisdiction has 5140 made in achieving the requirements of the Integrated Waste Management Act, (AB 939) and the 5141 Per Capita Disposal Measurement. The annual report includes the numbers used to calculate a 5142 per capita disposal rate plus all required supporting documentation and attachment of any 5143 required documentation to support changes to those numbers. It also includes a status report on 5144 planned and implemented solid waste diversion programs and facilities, as well as planned or 5145 implemented revisions to approved solid waste planning documents. Republic Services will utilize 5146 Mariposa Eco Consulting, Inc. to prepare and submit the annual report for the City of Rosemead 5147 before CalRecycle's deadline. 5148 5149 b. Method Used to Track Tonnage 5150 Trux 5151 TRUX Weigh -IT is the industry standard software for ticketing, billing, materials management, and 5152 accounts receivable processing in the waste industry. Designed specifically for landfills, transfer 5153 stations, and recycling facilities. Weigh -IT is a Windows-based application which uses the .NET 5154 platform and Microsoft SQL service technology to organize and securely store data. Weigh -IT is 5155 scalable and capable of handling operations and billing processes for any size company, from 5156 single -site facilities to multiple scale locations with centralized reporting. Scale ticket entry has 5157 been optimized to be as quick and efficient as possible, allowing scale operators to process loads 5158 quickly. 5159 c. Process for Reporting Complaints 5160 Protocols for Receiving Customer Calls and Processing Requests 5161 When fielding a customer request, CSRs immediately access the customer's account information 5162 in Republic's customer management system, InfoPro. Republic owns the InfoPro application and 5163 continues to invest in it. When a new technology must be integrated, Republic's IT team makes 5164 the necessary modifications. CSRs can access all pertinent customer information through 5165 InfoPro, including service address, pick-up day, rate, service level, and a complete history of 5166 service requests and resolutions. 5167 0 After determining customer need, CSRs input all required information into the customer's 5168 permanent file history and, if necessary, generate an on-line automated work order. 5169 • If the inquiry is simply for information or clarification about Republic programs, the CSR will 5170 answer the question and close the file. 5171 0 If the request requires action on the part of Republic, a work order will be generated for the 5172 appropriate department address, end the telephone call, and produce an online work order 5173 in InfoPro, which must be closed out within two days. 5174 5175 When customers contact Republic through the My Resource web portal or mobile application, the 5176 process is automated, and information is immediately and directly sent to the proper department 5177 for prompt handling. 5178 5179 Each time a customer contacts Republic, inquiries and concerns are entered into InfoPro, 5180 including date, time, customer name, address, and the nature, date and manner of the resolution 5181 is also logged and pushed out to drivers and Supervisors. Dispatch monitors all work orders 5182 requiring driver action. Upon receipt of a work order requiring same-day completion, a special 5183 alert is generated, and the appropriate driver is instructed as to what is needed to complete the 5184 order. In addition, each driver verbally contacts dispatch prior to completion of their assigned 5185 route to ensure all outstanding requests are fulfilled prior to returning to the operations base. DRAFT AGREEMENT.V1 Page 155 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 5186 5187 5188 5189 5190 5191 5192 5193 5194 5195 5196 5197 5198 5199 5200 5201 5202 5203 5204 5205 5206 5207 5208 5209 5210 5211 5212 5213 Republic Route Supervisors spend the majority of their time working in their assigned area(s), which enables them to meet drivers at the customer location to ensure quick, permanent resolution. Drivers document completion of all same-day service orders in the system. Expedient handling of customer requests occurs per the process flow chart located on the following page, with relevant narrative below. Common customer requests and concerns are tracked and reported by Republic business unit company -wide, which has resulted in an exceedingly high level of customer service. Missed Pick -Ups, Late Sellouts, Spills, and Litter When a missed collection is reported—whether a miss occurred or not, Republic's operations team takes it seriously and responds immediately as if every incident is actual. The Route Supervisor completes a root cause analysis on each miss and addresses it with the driver. Together they drill down on the incident to permanently resolve issue or the conditions that created it. The final step is to call the customer and apologize for the error and gather customer feedback. This ensures a cycle of continuous improvement. The general procedure for addressing all customer service inquiries and concerns is: • Process a work order for a missed pick-up, late set out, or spills and litter resulting from collection. • Republic's CSR will notify dispatch with specific information regarding the work order. This information, also communicated to the route supervisor, is maintained as an open work order until the task has been completed. Customer Interaction flow chart below, maps Republic's general response to common customer inquiries. Customer Interaction FH� REPUBLIC l � SEFV/Cf5 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 vi DRAFT 5/2/2023 Page 156 of 185 7. 5214 7. Scavenging 5215 Spot Checks 5216 Because of the nature of the collection services being bid, Republic will perform ongoing spot 5217 checks as it collects from its regular schedule and illegally dumped waste materials in the service 5218 area during its monthly citywide sweep. Republic will additionally utilize its newly assigned 5219 recycling coordinator/route auditor to aid our drivers in their ability to screen for these unpermitted 5220 materials at the set -out site of container. 5221 5222 Unpermitted Waste and Spill Response Plan 5223 If any unpermitted waste or hazardous waste is disposed within the solid waste stream, immediate 5224 and appropriate action will be taken to contain and remove it. Operations personnel are trained 5225 both in unpermitted/hazardous waste identification and appropriate responses to 5226 unpermitted/hazardous waste incidents. Periodic training is provided and recorded to ensure skill 5227 proficiency. The following procedure is used for identifying and handling unpermitted/hazardous 5228 waste: 5229 5230 Notification of unpermitted/hazardous waste disposed of in the waste stream will Spot Checks 5231 5232 Because of the nature of the collection services being bid, Republic will perform ongoing spot 5233 checks as it collects from its regular schedule and illegally dumped waste materials in the service 5234 area during its monthly citywide sweep. Republic will additionally utilize its newly assigned 5235 recycling coordinator/route auditor to aid our drivers in their ability to screen for these unpermitted 5236 materials at the set -out site of container. 5237 5238 Unpermitted Waste and Spill Response Plan 5239 If any unpermitted waste or hazardous waste is disposed within the solid waste stream, 5240 immediate and appropriate action will be taken to contain and remove it. Operations 5241 personnel are trained both in unpermitted/hazardous waste identification and appropriate 5242 responses to unpermitted/hazardous waste incidents. Periodic training is provided and 5243 recorded to ensure skill proficiency. The following procedure is used for identifying and 5244 handling unpermitted/hazardous waste: 5245 • Dispatch will notify field supervisor and management for determination of appropriate 5246 response level. 5247 • Coordinating instructions will be issued and executed. 5248 • Trained personnel will be assigned the task of inspecting any materials suspected of 5249 containing unpermitted/hazardous waste. Inspection involves identification of both labeled 5250 and unlabeled unpermitted/hazardous waste containers and materials. 5251 • An appropriate course of action/customer education based on the seriousness of the waste 5252 involved will be decided upon and taken. 5253 • Should the driver determine, without any question or doubt, that the unpermitted waste is 5254 not hazardous, the following procedure is used: 5255 • The unpermitted/nonhazardous item will be removed, placed safely back onto the 5256 premises, and tagged with a non -collection notice indicating the reason for non -collection. 5257 • The driver will immediately call the dispatch center and report the incident, including street 5258 address and time item was detected. 5259 Dispatch relays this information to customer service. 5260 A customer service representative will phone the customer to inform them of the event, why 5261 the item was left, direct them to proper alternatives for reuse or disposal of the item, and 5262 respond to any questions the customer may have. 5263 5264 In addition, since Republic utilizes company-owned transfer stations and landfill facilities for the 5265 disposition of material collected on route, the Company has a built-in multi -tier screening process, 5266 wherein unpermitted waste that may inadvertently enter the waste stream can be captured and DRAFT AGREEMENT.V1 Page 157 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 5267 recovered through the mandatory load -check and materials screening processes at these 5268 facilities. 5269 5270 Labeling 5271 Republic will place labels on all containers clearly displaying our company name, phone number, 5272 website, and contents for which the container is designated. The labels will also clearly display a 5273 warning that the disposal of unpermitted wastes is prohibited. The label will also list what are 5274 acceptable and not acceptable contents for each container type. A separate label will be affixed 5275 prohibiting any scavenging activities. 5276 5277 Should active scavenging be observed by any member of Republic's team, these activities will be 5278 notified to the dedicated dispatch team members and forwarded along to Republic management 5279 so that it may be documented and shared with City staff. 5280 5281 DRAFT AGREEMENT.V1 Page 158 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 5282 5283 5284 5285 5286 5287 5288 5289 5290 5291 5292 Exhibit 9 City -Approved Processing and Disposal Facilities The City has approved the following Disposal Facilities, Organic Waste Processing Facilities, Material Recycling Facilities, and Transfer Stations to manage the specified services and otherwise assist the Contractor in the performance of the requirements of the Agreement. The Maximum Services Rates in Exhibit 1 assume all material is delivered to the approved facility. Any City -directed changes to any other non -approved facility will be considered a City -directed change in accordance with Section 30.01. The capabilities and capacities of such facilities may change during the term of this Agreement, as such City reserves the right to redirect materials to alternate facilities in accordance with any such changes. Disposal Facilitv Approved City Facilities SWIS Site Name County Enforcement Agency Number (LEA/EA) 19 -AA -2000 Sunshine Canyon Landfill Los Angeles Sunshine Canyon Landfill Jurisdiction 5293 Transfer and Processing Facilities Approved City Facilities SWIS Site Name County Enforcement Agency Number (LEA/EA) 19 -AA -0845 East Los Angeles Recycling and Transfer Los Angeles County of Los Angeles Department of Public Health 19 -AK -0001 Bel -Art Transfer Station Los Angeles County of Los Angeles Department of Public Health 30 -AB -0335 CVT Regional Material Recovery and TS Orange County of Orange Health Care Agency, Environmental Health Division 36 -AA -0505 Agromin Ontario Green Material Compost San Bernardino County of San Bernardino Operation Div. of Environmental Health Services 16 -AA -0022 Kochergen Farms Composting Kings County of Kings County Health Department 15 -AA -0307 Recology Blossom Valley Organics- South Kern County of Kern Environmental Health Division 19 -AA -1125 American Industrial Services, Inc. Los Angeles County of Los Angeles Department of Public Health 19 -AA -1043 Puente Hills Materials Recovery Facility Los Angeles County of Los Angeles DRAFT AGREEMENT.V1 Page 159 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 5294 5295 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 Page 160 of 185 Department of Public Health 19 -AA -1127 Azusa Transfer and MRF Los Angeles County of Los Angeles Department of Public Health 19 -AA -1140 Universal Waste Systems, Inc. MRF and TS Los Angeles County of Los Angeles Department of Public Health DRAFT AGREEMENT.V1 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 Page 160 of 185 5296 Exhibit 10 5297 Sustainability and Compliance Plan 5298 1. The Approach to Programs and Facility Requirements 5299 a) Proposed Operating Procedures 5300 After contract award, Rosemead residential customers will receive all new carts which will 5301 be delivered by August 1, 2023. The details of this delivery can be determined further 5302 during discussions and planning efforts with the City. At the time of cart deployment, all 5303 residential carts will also be affixed with a SB 1383 compliant lid label. Since Rosemead 5304 carts are already SB 1383 color compliant, residents will receive a new recycle and/or 5305 organics cart in the same color as they currently have. 5306 5307 Under Republic's primary approach, commercial bin customers will be broken down into 5308 two categories: a) commercial businesses and b) multi -family customers since these 5309 customer types have unique service and outreach requirements. 5310 5311 Each commercial and multi -family customer will receive a tailored site assessment to 5312 establish existing and revised services levels, container needs, and document any space 5313 restrictions or unique service requirements. These site visits and assessments will be 5314 repeated multiple times over the life of the agreement to drive customer satisfaction, 5315 education, and program participation in source separated collections. Since Rosemead 5316 commercial customers have historically elected to enroll in recycle and organics source 5317 separated programs, there are currently moderate participation rates for recycling and/or 5318 organics services. In the new contract, a successful source separate collection program 5319 is dependent on a mandatory requirement of program participation. 5320 5321 Organics participation is already required through enforceable measures as a component 5322 of SB 1383 compliance. Combined, these requirements will ensure that Rosemead 5323 commercial customers are compliant with current state law and guarantee that diversion 5324 activities are upheld - helping to meet the City's per capita requirements. Should a 5325 customer qualify for a waiver from organics collection services, Republic will work with the 5326 City and the customer to identify, track, and modify service levels for these locations. 5327 5328 Multi -family customers will be assessed and enrolled in source separated collection 5329 programs first, followed by the commercial businesses. Given the detailed tasks and extra 5330 time required to effectively reach/communicate with commercial/multi-family customers, 5331 Republic will ideally complete this implementation within a six-month period—including all 5332 outreach as detailed in this proposal to create success and compliance. 5333 5334 As provided within the Facilities Section, Rosemead -generated materials will be direct - 5335 hauled to Republic's East Los Angeles and Bel -Art Transfer Stations, then transferred to 5336 CVT in Anaheim for processing, and residual waste will be disposed of at Republic's 5337 Sunshine Canyon Landfill. Commingled organics (green Waste and food waste) will be 5338 screened at CVT then transferred to one of Republic's multiple composting sites. 5339 5340 Residential Services 5341 As previously stated, Republic will implement a SB 1383 compliant three -cart source 5342 separated system. Residents will continue to be instructed, through the communication 5343 methods outlined later in this section, to deposit food waste commingled with yard waste 5344 into their green -colored organics carts. DRAFT AGREEMENT.V1 Page 161 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 5345 Republic intends to continue servicing all single-family residential cart customers, all 5346 material streams using an automated side loader (ASL) truck and carts in specified/tailored 5347 sizes to each customer's needs. 5348 5349 Bulky Item Collection Services 5350 Republic will continue to provide bulky item collection services to its single- and multi - 5351 family, and commercial customers per the language provided in the draft Franchise 5352 Agreement. All single-family and multi -family (up to 4 -units) residential customers will be 5353 entitled to a combination of five (5) Bulky Items or up to ten (10) 32 -gallon bags, up to five 5354 (5) times per year. Multi -family customer (5 units or more) will be entitled to (6) Large Items 5355 or up to ten (10) 32 -gallon bags, up to five (5) times per year. Once a residential customer 5356 has utilized their allotted free pick-ups, a standalone rate per item will be issued for 5357 additional collections. Commercial business customers will also be entitled to on-call bulky - 5358 item. 5359 5360 Republic is committed to reuse and recycle of as much of this waste as is feasibly possible 5361 without significantly decreasing efficiency. 5362 5363 Republic has developed and will refresh specific instructions for bulky item setouts which 5364 will be included in its service guidelines. Customers will be instructed to refrain from placing 5365 household hazardous, or unpermitted wastes of any type, out for collection ensuring only 5366 permitted bulky items are collected. To maintain public safety, especially child safety, 5367 customers will be required to tape refrigerator and freezer doors tightly closed with duct 5368 tape. 5369 5370 Republic will maintain wish lists of local charities, and when a clean item in good working 5371 condition matching the need of a local charitable organization is found, the item will be 5372 offered to the organization prior to recycling. 5373 5374 All Bulky Item collections, whether for single-family, multi -family, or commercial customers 5375 will be made by appointment -only. When customers call Republic's customer resource 5376 center to schedule their pick-up, Republic's customer service representatives will inquire 5377 about the items the customer wishes to have removed from their premises and 5378 communicate all instructions/parameters at that time. 5379 5380 Republic will also provide free curbside household batteries and a -waste collection 5381 services. 5382 5383 Commercial/Bin Collection Services 5384 As stated previously, Republic's primary approach is a three -container system sure to gain 5385 compliance with SB 1383. Republic manages millions of tons of recoverable materials each 5386 year, nationwide. We have found that the cleanest materials move and command the best 5387 pricing even in the most severe commodity market downcycles—as seen for the past 5388 several years in the wake of China's enforcement of its "National Sword," initiative. 5389 5390 Commodity integrity requires source separation of materials—which is the driving force 5391 behind Republic's proposed three -container program for Rosemead. 5392 5393 From monthly to daily collections, and containers ranging from carts to dumpsters 1- to 6- 5394 yards in volume, Republic will continue to offer solid waste, recycling, and organic/food 5395 waste collection services with a variety of container sizes and service frequencies to meet 5396 any need the customer might have. 5397 DRAFT AGREEMENT.V1 Page 162 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 5398 Each collection vehicle is operated by a professionally and continuously trained driver. 5399 Vehicles are painted in a uniform manner, as depicted, featuring Republic's logo and 5400 company contact information. 5401 • All material streams—MSW, recycling, and organic/source separated food waste—will 5402 continue to be collected at least once weekly on a service schedule authorized by the 5403 business or MF complex owner/manager. 5404 • Republic will provide each customer with default commercial 96 -gallon recycling and 5405 35 -gallon organic waste collection service and capacity for all Rosemead 5406 commercial/dumpster service units. 5407 • Customers with greater volume and service needs for recycling and organics will 5408 receive right -sized tailoring by a Recycle Coordinator to meet their disposal needs. 5409 Such customers will be charged accordingly for these services above the default 5410 bundled rate. 5411 5412 City Facilities, Parks, & Events 5413 Republic will continue to provide free -of charge collections services to all designated City 5414 facilities and Parks owned and operated by the City of Rosemead. Rosemead city staff 5415 will work with Republic to determine the appropriate collection equipment sizes and 5416 frequency of these collections. 5417 5418 Additionally, as an enhancement, Republic will offer free -of -charge source separated 5419 collection services to all events hosted by the City of Rosemead. 5420 5421 Republic will also collect bulky, e -waste, and abandoned items that are picked -up and 5422 stored at the City's Public Works yard at least once per month upon City's request. 5423 5424 Industrial Recycling 5425 Republic Services excels at helping customers meet their sustainability needs, by 5426 identifying disposal locations that can recycle their materials, and by sharing best 5427 management practices for on-site commodity separation. Implementation of a successful 5428 separation program will both increase commodity values and decrease landfill -bound 5429 volumes. 5430 5431 Special Waste 5432 Republic Services' roll -off fleet is used to meet the special waste needs of our customers. 5433 We work with each customer to accurately characterize, and profile disposal needs prior 5434 to collection, and then collect and dispose of the waste in a manner that meets all regulatory 5435 requirements. 5436 5437 b) State Guidelines 5438 SB 1383 5439 Requires every municipal jurisdiction to provide organic waste collection services to all 5440 residents and businesses. 5441 This law requires jurisdictions to contract with their waste hauler, Republic Services, to 5442 collect organics, including food waste, and process it as a unique and separate material 5443 stream. The organics recycling system is not a one size fits all approach – so the program 5444 and solution for processing the material may vary by jurisdiction. 5445 5446 To meet full compliance with the law, Republic is committed to supplying Rosemead with 5447 the necessary tools (proper containers), resources (educational outreach, technical 5448 assistance and training) to its customers, monitoring performance activities, and all 5449 necessary reporting on a schedule and in a form acceptable to the City. :'il.71; DRAFT AGREEMENT.V1 Page 163 of 185 RIV 04862-7000-7618 v1 DRAFT 5/2/2023 5451 To meet full compliance with the law, our commitment to Rosemead is simple. Republic 5452 will: 5453 • Provide all necessary equipment that is properly colored and labeled 5454 • Enroll every commercial/multi-family customer in a SB 1383 compliant 3 -container 5455 source separated collection program 5456 • Continue providing Rosemead residents with a commingled green and food waste 5457 collection service utilizing a green -colored cart they are already familiar with 5458 • Lead the City's efforts in compliance monitoring and reporting 5459 • Design and implement outreach initiatives to achieve full regulatory compliance 5460 • Assist Rosemead in the procurement of recycled organic material products 5461 • Assist Rosemead in establishing reputable food recovery efforts and help the city 5462 collect data from generators 5463 5464 SB 1383 is perhaps the most complex regulatory mandate to impact the solid waste 5465 industry since AB 939. In its simplest form, the law can be broken down into the following 5466 six requirements: 5467 • Collection of organic waste — source separated 3 -container collection system from all 5468 customer types 5469 • Monitoring for contamination and customer compliance 5470 • Enforcement and reporting 5471 • Establishing an edible food recovery program from food generating businesses 5472 • Ongoing education and outreach activities 5473 • Procurement of products generated from recycled organic waste 5474 5475 c) Think Local 5476 Please reference the local facilities included within Exhibit 9, the bulky item program 5477 included earlier in this section, and note use of the Rosemead Chamber of Commerce as 5478 a local customer service storefront/customer-facing office space. Republic will also 5479 maintain membership with the Rosemead Chamber of Commerce and promote a "green 5480 business ambassador recognition," program. 5481 5482 Republic will also utilize the services of local print and postage opportunities whenever 5483 possible and feasible. 5484 5485 d) Partnership: Standards Development and Education 5486 Waste Audit Team 5487 Republic will deploy its entire internal team of experienced recycling coordinators to assess 5488 each commercial/multi-family customer in Rosemead. This effort will commence 5489 immediately upon contract execution and will continue through the transition period and 5490 beyond the operations start date to ensure the level of personalized attention customers 5491 will need to engage with the program and set up all stakeholders for success. 5492 5493 Customer engagement and diversion objectives will be the ongoing focus of Republic's 5494 dedicated recycling coordinators who will be charged with spending approximately 80 5495 percent of their time in the field working with customers. This approach will assist the City 5496 in its move towards zero waste. 5497 5498 Significantly increasing recycling participation rates from program outset and improving 5499 them over the term of the Agreement through a focused understanding of the operations 5500 of prevalent business types to create internal programs that shape external results. 5501 DRAFT AGREEMENT.V1 Page 164 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 5502 Service Delivery Teams 5503 Ongoing, our dedicated recycling coordinatorwill interact daily with customers, drivers, and 5504 the Route Supervisors to facilitate movement toward greater customer participation. 5505 Regular monitoring and scheduled follow-up auditing will generate the necessary data to 5506 guide all ongoing activities. 5507 5508 Priority of Outreach and Technical Assistance 5509 Republic will provide ongoing outreach and technical assistance based on the following 5510 scale of priorities, which will help direct the effort to increase recycling: 5511 5512 5513 1. Non-Recyclers 5514 Republic will always focus first on businesses that either reject, or do not utilize the 5515 recycling programs available to them. 5516 5517 2. Business Size 5518 Moderate to high volume generators will be targeted to ensure those customers optimize 5519 recycling early and throughout the Agreement term. Large businesses and key accounts 5520 are already identified in Republic's customer management system and will be continuously 5521 monitored because of their volume impacts. 5522 5523 3. Expansion Opportunities 5524 Republic will introduce new recycling opportunities for businesses with an already 5525 established level of recycling services. Additional opportunities may include identifying 5526 markets for atypical materials and establishing new collection programs. 5527 5528 Extended Producer Responsibility Diversion Program 5529 Republic will provide a minimum of two City-wide electronic waste, textile, carpet, and 5530 mattress collection drives on an annual basis. The dates and locations of these events will 5531 be determined in collaboration with the City of Rosemead. 5532 5533 2. Meeting Diversion Requirements 5534 The City of Rosemead seeks to fulfill its 50% per capita diversion mandate as required by 5535 CalRecycle and AB 939. Additionally, the city seeks advanced programs that will assist them 5536 getting closer to the State of California's 75% diversion goal. 5537 5538 Republic has carefully studied all the current data and effectiveness of its efforts to date to design 5539 the program moving forward. We have carefully selected the most effective programs, which we 5540 will keep and expand, and we have designed some new programs to implement. The good news 5541 is, due to Republic's incumbency, all our efforts can be placed 100 percent on the organics program 5542 expansion and new programs, rather than operational logistics and administrative set up. Being an 5543 active and engaged partner with Rosemead, all its businesses, personnel, and extended 5544 community, Republic understands how challenging meeting the city's goals can be. We are best 5545 suited having all of the equipment, systems, and personnel in place to continue to partner with the 5546 city in working towards their diversion goals. 5547 5548 Republic will reach milestones year by year of this contract. Although the City of Rosemead and 5549 Republic have implemented SB 1383 programs citywide, commercial participation has been 5550 voluntary and as such, not every customer has mandatory recycling and organics collection today. 5551 The same goes for multi -family and industrial customers. Moreover, residential organics collection 5552 has only been in effect since March 2022, and participation at the curb has been slow to increase. 5553 Additionally, with the onslaught of the pandemic, disposal volumes have been at an all-time high 5554 for the past 2+ years. As such, Republic proposes to establish a new baseline in contract Year 1 DRAFT AGREEMENT.V1 Page 165 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 5555 5556 5557 5558 5559 5560 5561 5562 5563 5564 5565 5566 5567 5568 5569 5570 5571 5572 as a starting point for determining increases in diversion rates, against which to accurately measure year over year progress. 3. Diversion Programs Diversion Programs Single Family Multi- Family Commercial City Services Legislative Compliance x x x x SB 1383 Education, Outreach, and Training x x x x Variable Size Container Collection x x x x Source Separated Rec clables x x x x Special Event Integrated Solid Waste Handling Services x x x Source Separated Organics x x x x Service Level Selection x x x x Bulky Item Collection x x x Container Contamination Minimization x x x x Holiday Tree Collection x x Debris Box Collection x Construction & Demolition Processing x x x x Compost Delivery and Give Away x x x Onsite Waste Consultation x x x Source Separated Green Waste x x Source Separated Food Waste x x Manure N/A N/A N/A N/A Edible Food Recovery Assistance x x Sharps Program x x x Clean -Up Das x x x Paper Shred -Events x x x Home Composting Units x Electronic Waste Textile, Carpet, & Mattress Events x x x City Sponsored Events x Litter Abatement x Code Enforcement Clean -Up x Illegal Dumping Clean -Up x City Park Service x Additional Programs as Required x x x x 4. Diversion Facilities Disposal and processing facility capacity Republic has guaranteed capacity to process all volumes from the City of Rosemead throughout the term of the Agreement. Republic guarantees capacity at the following company-owned/operated facilities: Republic -Owned Bel -Art Transfer Station • MSW, Recycling, and Organics • Capacity: 1,500 tons/day DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 166 of 185 5573 • East LA Transfer Station 5574 • MSW, Recycling, and Organics 5575 • Capacity: 700 tons/day 5576 • CVT— Materials Processing Facility 5577 0 Recycling and Food Waste -only 5578 • Capacity: 6,000 tons/day 5579 • Sunshine Canyon Landfill 5580 5581 MSW 5582 5583 Capacity: 9,000 tons/day 5584 Agromin-Ontario 5585 5586 Composting 5587 5588 Capacity: 200 tons/day 5589 5590 Third Party Agreements 5591 Through Republic's network of 3rd -party disposal facilities bound via contractual agreements, 5592 Republic also guarantees capacity for all of Rosemead's volume at the following sites: 5593 AIS 5594 5595 Construction & Demolition Waste 5596 5597 Capacity: 175 tons/day 5598 CWS 5599 5600 Construction & Demolition Waste 5601 5602 Capacity: 1,000 tons/day 5603 • Kochergen Farms 5604 5605 Commingled organics composting 5606 5607 Capacity: 1,000 tons/day 5608 0 Recology Blossom Valley Organics- South DRAFT AGREEMENT.V1 Page 167 of 185 RIV #4862-7000-7618 vi DRAFT 5/2/2023 M. ort 5610 Commingled organics composting 5611 2024 5612 Capacity: 3,750 tons/day 5613 2028 5614 5. Program Schedule 5615 2032 5616 Key: 5617 a M: Monthly 5618 0 Q: Quarterly 5619 . A: Annually 5620 0 0: Ongoing 5621 0 CS: Contract Start 5622 0 UR: Upon Request Sector Milestone 2023 2024 2025 2026 2027 2028 2029 2,030 2031 2032 Education & Outreach CS, Q, 0, Q, 0, , 0, Q, 0, , 0, Q, 0, Q, 0, Q, 0, Q, 0, Q,0 UR UR UR UR UR UR UR UR UR Route Reviews A Container Size CS, 00, 0, UR 0, UR 0, UR 0, UR 0, UR 0, UR 0, UR 0, UR Adjustments UR Residential & Multi -Family Record M, Q, M, M, Q, M, Q, M, Q, M, Q, M, Q, M, Q, M, Q, M, Q, Keeping A, UR Q, A, 11 ID A, UR r, UR r, UR A, UR r, UR A, UR , UR r, UR Enforcement Support CS, 00 0 0 0 0 0 0 0 0 Diversion Programs 0 0 0 0 0 0 0 0 0 O Education & Outreach CS, Q, O, Q, 0, Q, 0, Q, 0, Q, 0, Q, 0, Q, 0, Q, 0, Q, 0, Q,O UR UR UR UR UR UR UR UR UR Route Reviews A Container Size CS, 00, 0, UR 0, UR 0, UR 0, UR 0, UR 0, UR 0, UR 0, UR Adjustments UR Commercial Business CS, 0 0 0 0 0 0 0 0 0 0 Commercial Requirements Education (includes mixed-use Edible Food Recovery 0 0 0 0 0 0 0 0 0 0 service recipients) Assistance & Education Enforcement Support CS, 00 0 O 0 0 0 0 0 0 Record Keeping M, Q, M, M, Q, M, Q, M, Q, M, Q, M, Q, M, Q, M, Q, M, Q, UR Q, A, A, UR A, UR A, UR UR A, UR Diversion Programs 0 0 0 0 0 0 0 0 0 0 DRAFT AGREEMENT.V1 Page 168 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 5623 5624 5625 5626 5627 5628 5629 Sector Milestone M, Q, M, M, Q, M, Q, M, Q, M, Q, M, Q, M, Q, M, Q, M, Q, Residential, Reporting UR Q, A, A, UR A, UR A, UR A, UR A, UR A, UR A, UR A, UR Multi -Family, Diversion Rate contract UR 10% Commercial, Procurement UR UR UR UR UR UR UR UR UR UR Industrial Community Meetings CS, UR UR UR UR UR UR UR UR UR UR School Education 8 O, O, O, UR O, UR O, UR O, UR O, UR O, UR O, UR O, UR Outreach Programs UR UR city Services Community Event UR O, O, UR O, UR O, UR O, UR O, UR O, UR O, UR O, UR Participation UR Complaint Investigations , UR O, O, UR O, UR O, UR O, UR O, UR O, UR O, UR O, UR UR Additional Services UR UR UR UR UR UR UR UR UR UR Program Evaluation & O, O, O, UR O, UR O, UR O, UR O, UR O, UR O, UR O, UR djustment UR UR 5623 5624 5625 5626 5627 5628 5629 Sector Milestone 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Residential, Franchised N/A since 7— 5% 5% 5% 5% 5% 5% 5% Multi -Family, Diversion Rate contract Baseline 10% Commercial, Goal commences Year Industrial ESTIMATED* August, 2023 *Percentages estimate the total increase in diversion volumes as compared to the 2024 baseline year of total tons collected. 6. Estimated Tonnages *ESTIMATED* DRAFT AGREEMENT.V1 RN #4862-7000-7618 vt DRAFT 5/2/2023 Page 169 of 185 5630 5631 5632 5633 5634 5635 5636 5637 5638 5639 5640 5641 5642 5643 5644 5645 5646 5647 5648 5649 5650 5651 5652 5653 "Estimates for 2028- 2033 indicate total tonnage and total diversion for each year within this timeframe It is very important to note that the table below represents only estimates. Actual diversion is contingent on many factors including program participation, volumes properly disposed of incorrect containers, minimized contamination levels, adherence to educational information, etc. 7. Contamination Minimization Waste Characterization Audits Republic will conduct statistically valid waste audits of Residential and Commercial Service Recipients' waste once per year. These audits will include evaluations of recycling, garbage, and organic waste. Collected results will be compiled and Republic will provide characterization data to the City as part of its Annual Report (Outlined in Section 22.03 of the agreement). Material types and guidance will follow CalRecycle requirements and/or recommendations. Minimize Container Contamination Rosemead and Republic Services are required to monitor containers to minimize prohibited cart contaminants. Monitoring requires annually auditing containers along every collection route to ensure all containers are correctly sorted. A high contamination level requires more processing and negatively affects the quality of the finished product. To achieve a sustainable organic recycling program and meet the law's monitoring requirement, Rosemead and Republic Services must work together to minimize DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 170 of 185 Estimates of Annual Tonnage & Diversion Data Commodity Customer Type 2023/2024 2025 2026 2027 2028 - 2033' SFD 12,659 11,770 11182 10622 9879 Garbage/MSW MFD 1,970 1723 1636 1555 1446 (Black Container Commercial 12,218 11483 10909 10363 9638 Waste) Industrial 4,023 3732 3545 3368 3132 Total 30,870 28,709 27,273 25,909 24,095 SFD 4,522 4,695 4,810 4,919 5,064 MFD 81 341 513 677 895 Recycling (Blue Commercial 501 933 1220 1493 1856 Container Waste) Industrial 106 106 106 106 106 Total 5,210 6,075 6,649 7,195 7,921 SFD 4,811 5,070 5,242 5,406 5,624 MFD 35 554 899 1226 1662 Organics (Green Commercial 219 738 1083 1410 1846 Container Waste) Industrial 16 16 16 16 16 Total 5,081 6,3781 7,240 8,0581 9,148 Industrial 130 130 130 130 130 C&D Total 130 130 130 130 130 SFD 1696 1,758 1809 1859 1924 MFD 37 286 452 609 818 Residual Commercial 231 535 737 929 1185 Industrial 32 32 32 32 32 Total 1996 2,611 3,030 3,429 3,959 Total Diversion 8,424 9,972 10,989 11,954 13,240 Total Disposal 32,866 31,320 30,303 29,338 28,054 "Estimates for 2028- 2033 indicate total tonnage and total diversion for each year within this timeframe It is very important to note that the table below represents only estimates. Actual diversion is contingent on many factors including program participation, volumes properly disposed of incorrect containers, minimized contamination levels, adherence to educational information, etc. 7. Contamination Minimization Waste Characterization Audits Republic will conduct statistically valid waste audits of Residential and Commercial Service Recipients' waste once per year. These audits will include evaluations of recycling, garbage, and organic waste. Collected results will be compiled and Republic will provide characterization data to the City as part of its Annual Report (Outlined in Section 22.03 of the agreement). Material types and guidance will follow CalRecycle requirements and/or recommendations. Minimize Container Contamination Rosemead and Republic Services are required to monitor containers to minimize prohibited cart contaminants. Monitoring requires annually auditing containers along every collection route to ensure all containers are correctly sorted. A high contamination level requires more processing and negatively affects the quality of the finished product. To achieve a sustainable organic recycling program and meet the law's monitoring requirement, Rosemead and Republic Services must work together to minimize DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 170 of 185 5654 contamination in every container. Rosemead and Republic Services are required to monitor 5655 containers to minimize prohibited cart contaminants. 5656 5657 Our proposed contamination minimization program will include: 5658 • Route Reviews: Carts randomly selected and physically inspected along each route, 5659 throughout each year. 5660 0 Waste Evaluations: Once per year, as directed by the City, for each customer and 5661 commodity type. 5662 • Notify Customers: Cart/bin "Cops," tags will inform customers of proper material 5663 separation and reason for non -collection. 5664 • Contamination Fees: Contamination fees will be charged to all customers with 5665 contaminated carts/bins after the two initial observations and subsequent "warnings," per 5666 year to address the added costs to further process and dispose of the contaminated 5667 materials. 5668 5669 Upon Republic's observation of contaminated materials, a customer service representative or 5670 dispatcher will make contact with customer that same day. If returned service is requested by the 5671 customer within two business days, Republic will return and provide service the next business 5672 day. 5673 5674 Rosemead Enforcement 5675 By January 1, 2022, Rosemead adopted an enforceable ordinance(s) to mandate organic waste 5676 generators, haulers, and other entities to comply with the law's requirements. 5677 5678 The law allows Rosemead to designate Republic Services as the responsible agent to fulfill 5679 several of its responsibilities under SB 1383. However, Rosemead cannot delegate its authority to 5680 Republic Services for the imposing of civil penalties to non-compliant generators. 5681 5682 In addition to an ordinance mandating organic collection programs, Rosemead must adopt 5683 additional ordinances. One requiring compliance with specific provisions of the California Green 5684 Building Standards Code (CalGreen), and another that requires compliance with the Model Water 5685 Efficient Landscape Ordinance as outlined in the California Code of Regulations. 5686 5687 Starting on January 1, 2024, Rosemead is required to take enforcement action for any generator 5688 not in compliance with the law. However, the new Agreement will require all customers to 5689 participate in the source separated 3 -container collection program upon contract commencement. 5690 5691 Republic Services will conduct compliance and route reviews concurrently with the contamination 5692 minimization program and will report any non-compliant generator to Rosemead. Rosemead will 5693 ultimately be responsible for subsequent enforcement actions by way of direct customer 5694 outreach, site visits, and fines. 5695 DRAFT AGREEMENT.V1 Page 171 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 wi 5697 8. Air Emission Reduction 5698 All of Republic's frontline collection vehicles will feature renewable natural gas -powered 5699 engines utilizing either Compressed Natural Gas (CNG) or Liquid Natural Gas (LNG). For 5700 nearly a decade, Republic has its Southern California divisions, to comply with SCAQMD Air 5701 Pollution Control District regulations. 5702 5703 Additionally, as previously cited, Republic is pioneering the deployment of electric collection 5704 vehicles beginning in 2022. 5705 • Sunshine Canyon Landfill: 5706 o Over 20,000 Oak Trees have been grown on-site. Over 7,500 of those trees have 5707 been planted on the ridges and in open space surrounding Sunshine Canyon 5708 Landfill. 5709 o The Oak Trees are donated to local parks, cities and community organizations. 5710 o Over 1,200 acres of land were donated for open space and parks. 5711 o A proactive and humanely managed bird control program is used at the Landfill. 5712 0 25,000 homes powered by renewable electricity generated by the landfill 5713 0 Over 950 gas wells harnessing landfill gas, the natural byproduct of decomposing 5714 waste, and converting it to energy. The use of landfill gas provides our economy 5715 with benefits, including reducing air pollution through the capture and use of 5716 methane. 5717 9. Reducing Wear and Tear on City Streets 5718 Republic's owned and operated, East Los Angeles and Bel -Art (Long Beach, CA) Transfer 5719 Stations are fully permitted and active "Large Volume Transfer Stations' that currently receive 5720 waste from the City of Rosemead. They are located within a few miles of Rosemead, thus 5721 significantly minimizing Vehicle Miles Traveled (VMT). The close proximity also ensures our 5722 trucks are able to unload at the transfer station and quickly return to routes in Rosemead 5723 throughout any given collection day. 5724 5725 Optimized Routes 5726 As indicated previously, Republic utilizes its own sophisticated routing software, Route Editor 5727 Plus, which it uses to create and optimize safe routes. Efficient routing cuts down on vehicle 5728 miles traveled and street wear and tear. 5729 5730 Traditionalrouting software tools may provide automated sequencing of stops with estimated 5731 straight-line distances between stops or use some form of generic vehicle routing 5732 programming techniques. A true route optimization tool, such as Route Editor adopts 5733 specifically tailored waste industry operations research computation technique as part of its 5734 core route optimization algorithm. This makes Republic's route optimization tool one of the 5735 most advanced waste collection route optimization software tools available. The route 5736 optimization algorithms are tailored for the waste collection industry to take into consideration 5737 waste collection constraints such as truck compaction ratios, landfill trips, maximum lifts, 5738 maximum yards, maximum weights, and vehicle approach. 5739 5740 Engineering Design Partnerships 5741 Because Republic purchases over 750 collection vehicles each year, it has considerable 5742 design input with its vehicle manufacturers, which has yielded collection vehicles with 5743 optimized carrying capacity, significantly reducing emissions and vehicle miles traveled. 5744 Since Republic collection vehicles are co -engineered with the manufacturers and are 5745 therefore, purposefully built, the vehicle uptime is improved making the collection to delivery 5746 cycle shorter. 5747 5748 Lightweight Body Design DRAFT AGREEMENT.V1 Page 172 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 5749 Republic and Heil have been strategic partners for about 20 years and have designed a 5750 lightweight front loader body allowing Republic to safely run ten -ton legal payloads while still 5751 maintaining a durable platform and conforming to the Federal Bridge Weight Standards. The 5752 project has been a huge success with over 1,000 Heil lightweight front loaders running in the 5753 field. 5754 5755 10. Environmental Stewardship 5756 0 9% reduction in Greenhouse Gas Emissions (GHG's) since 2017 5757 0 10% reduction goal in GHG's by 2025; 35% reduction goal in GHG's by 2030 5758 • First U.S. environmental services provider with an emissions reduction goal approved by 5759 the Science Based Targets initiative (SBTi) 5760 • Goal: Electrifying our collection fleet nationwide 5761 • Long Beach Hauling Division investing $300k in 2023 for EV infrastructure 5762 • 6 specialty disposal facilities for Hazardous Waste Secure Disposal 5763 • 87% of our landfill acreage is covered by gas collection systems and converted to 5764 renewable energy 5765 • In 2021, our 71 recycling facilities processed 5 million tons of materials, returning valuable 5766 cardboard, paper, plastics, metals and glass to the marketplace for reuse 5767 • 3 Commercial food waste preprocessing lines & 12 compost facilities 5768 • Bioremediation projects (treatment wetlands and phytoremediation) at 124 closed landfills 5769 5770 11. Use of Local Vendors 5771 Republic will continue to seek opportunities to use local purchasing opportunities for disposal, 5772 processing, equipment, outreach print and postage, marketing collateral, etc. whenever 5773 feasible and available. 5774 5775 12. Innovative "Green Approach" 5776 a. Electric Collection Vehicle Technology 5777 Republic Services is proud to lead the industry in the push to convert to an all -electric fleet. 5778 5779 We currently operate one of the largest vocational fleets in the country, with more than 16,000 5780 vehicles in operation daily. For this reason, we have set one of our sustainability goals to 5781 reduce our greenhouse gas emissions 35% by 2030. This is an aggressive target, which is 5782 backed by the Science Based Targets Initiative (SBTi) and is also in line with the Paris Climate 5783 Accord. One of the greatest opportunities of achieving this goal is to advance the state -of -the - 5784 art technology for electrification, to enable the conversion of our fleet. 5785 5786 Ongoing Pilot Programs 5787 In 2022, we have two pilot programs running on real routes. One in Hickory NC, and the other 5788 in Boise ID. Each of these locations is using a different platform manufacturer's truck, offering 5789 performance feedback to both teams. 5790 5791 Long -Term Plans 5792 Our long-term plans are aggressive, but achievable. As performance, infrastructure, route 5793 dynamics and economics mature for all routes in all geographies, we will implement electric 5794 trucks in our fleet as part of our planned replacement and obsolescence program. Before that 5795 time, we will continue to implement EV where economic incentives or a willingness to pay 5796 exist, as long as the performance and route dynamics are aligned. 5797 DRAFT AGREEMENT.V1 Page 173 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 5798 b. Innovative Facilities 5799 Of roughly 14 million tons of North American consumer packaging plastics that are generated 5800 every year, 10M tons are landfilled, and 2M tons are incinerated. Of the 2M tons that are 5801 recovered through modern recycling programs and centers, 1.7M tons are "downcycled," while 5802 only 0.3M tons (2%) can achieve circularity. 5803 Filling the Gap 5804 Republic Services is uniquely able to close this gap and address the growing demand in the 5805 North American CPG plastics market. We achieve this through our unwavering commitment to 5806 sustainability and by applying innovation and investment to yield a better future for our planet. 5807 5808 In 2023, we will open our first Polymer Center, located in Las Vegas, Nevada. This facility will 5809 be the first of its kind in the industry and serve a refined hub -and -spoke model to serve our 5810 partner municipalities from the Northwest to Texas. The Polymer Center will be designed to 5811 centralize the complex and costly operations to accurately separate the various grades of 5812 plastics into high quality commodities that meet CPG manufacturers' target requirements. 5813 5814 Because we are the first company to solve this complex challenge, our operational approach 5815 and technology designs are patent -pending, and our relationship with the company that 5816 manufactures the highly specialized equipment is exclusive. These two realities differentiate 5817 Republic Services as the only partner in the industry that can ensure your plastic recyclables 5818 have the highest circularity. 5819 5820 To complement this, we are in discussions with a growing list of CPG manufacturers who want 5821 to partner with Republic to secure a portion of these high-quality plastic commodity tons, as it 5822 increases their own ability to meet or exceed their ESG goals to their shareholders. 5823 5824 Planned National Coverage 5825 The first Polymer Center is intentionally positioned in the West, where legislative requirements 5826 for consumer packaging is driving increased demand for recycled plastic content. We have 5827 plans to expand this operation to 3 locations across the United States, offering full coverage to 5828 all Republic Services municipal recycling partnerships in the 47 states we serve. This 5829 expansion of our operations will take place within the contract term duration of many of our 5830 municipal contracts, which makes this exciting improvement to the industry relevant for any 5831 municipality that is considering the best partner for their environmental service needs today. 5832 5833 c. Strategic Partnerships 5834 Republic Services Environmental Solutions 5835 In May 2022, Republic Services acquired US Ecology, a leading provider of environmental 5836 solutions, offering treatment, recycling and disposal of hazardous, non -hazardous and special 5837 waste. 5838 5839 This acquisition complements our previous acquisitions of ACV Environmental and ECOFLO, 5840 in late 2021, and enables Republic Services to provide customers with the most complete set 5841 of product offerings across the environmental services space. It expands our geographic 5842 footprint across North America and provides vertical integration capabilities for our 5843 environmental solutions business. 5844 5845 US Ecology adds a national platform of difficult -to -replicate assets and talent to Republic 5846 Services. This includes adding nine specialty waste landfills with five hazardous waste 5847 landfills, 16 RCRA permitted TSDFs, seven wastewater treatment facilities, and more than 80 5848 environmental services field locations including treatment and recycling centers. 5849 5850 Customers with multiple recycling and waste service needs value the ability to consolidate 5851 services with a single partner who has a successful track record of safety, compliance and 5852 environmental responsibility. Adding US Ecology allows us to provide customers a DRAFT AGREEMENT.V1 Page 174 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 5853 comprehensive set of environmental services including recycling, solid waste, special waste, 5854 hazardous waste, equipment rental and field services. 5855 5856 d. Supplier Partnership 5857 Republic is a co-owner of Agromin-Ontario which produces compost from collected green and 5858 food waste material which is rapidly transformed into rich soil amendment and sold back to the 5859 marketplace for use in retail, farming, and other sources. 5860 5861 13. Procurement 5862 • Through several strategic partnerships, Republic Services has direct access to ample 5863 compost and mulch volumes available to the City for their use and purchase. 5864 • All plastic containers are available in 10-30% recycled content. 5865 Republic's Long Beach Hauling Division hosts its own CNG and LNG fueling stations to 5866 fuel its entire collection fleet onsite. 5867 5868 DRAFT AGREEMENT.V1 Page 175 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 5869 Exhibit 11 5870 Outreach and Education Plan 5871 1. Prior to Service Start Activities 5872 Public education is critical to maintaining an efficient and cost-effective service for recycling and 5873 waste in your community. 5874 5875 The goal of Republic Services' Public Education and Outreach Program is to educate residents 5876 on industry trends and the services offered by Republic Services. We do this by engaging 5877 community groups and business associations, educating residents and businesses about the key 5878 elements of the program, highlighting customer service, promoting environmental benefits, and 5879 emphasizing state requirements. 5880 5881 At a minimum, Republic Services will provide the following educational materials and collateral as 5882 required by the new agreement: 5883 • Annual notice of requirements 5884 • Billing inserts upon city request 5885 • Multi -family & commercial printed signage & posters 5886 • City specific website URL 5887 • Instructional service guide revised for any changes throughout contract term 5888 0 Educational materials to non-compliant entities 5889 • Educational materials for property and business owners/tenants for distribution to all 5890 employees 5891 5892 The resources are always available for all customers. All printed materials will be sourced from a 5893 local print publication shop whenever feasible 5894 5895 2. Implementation Programs 5896 As part of the initial program implementation of our ongoing education efforts, we will provide the 5897 following materials to ensure that residents are fully aware of the services provided by Republic 5898 Services and how to properly use these them: 5899 • Annual notice of requirements and service offerings to all lines of business 5900 • Billing inserts upon city request 5901 • Multi -family & commercial printed collateral, signage & posters 5902 • Instructional service guide revised for any changes throughout contract term 5903 • Quarterly Informational Newsletters 5904 • Quarterly MCR & MORe Educational materials to non-compliant entities 5905 • Educational materials for property and business owners/tenants for distribution to 5906 all employees 5907 • Annual list of edible food recovery organizations to City 5908 • Annually provide edible food recovery information to commercial food generators 5909 • All education will be available/distributed as both printed and electronic. 5910 • Printed materials will be procured from local Rosemead businesses whenever feasible. 5911 0 Printed materials will be made available in English, Spanish, Mandarin, Vietnamese, and 5912 any other language upon city request. 5913 5914 a. Schedule of Materials DRAFT AGREEMENT.V1 Page 176 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 5915 This schedule summarizes Republic's primary education and outreach activities, delineated by 5916 generator type: SFD (single-family) and MFD + Comm (multi -family + commercial). 5917 5918 Welcome Packet 5919 At the commencement of service, Republic Services will provide an initial information packet to 5920 residents and businesses. This packet will contain information on the services offered and proper 5921 preparation procedures. In addition, the packet will contain information on additional services and 5922 products offered by Republic Services as well as a collection day reminder for their specific 5923 location. This packet will also be made available to new residents that move into Rosemead and 5924 new businesses that set-up service accounts with Republic. 5925 9 Annual Education Updates 5926 Republic Services will mail each household an annual reference guide for collection 5927 services. 5928 a Corrective Action Notices (Oops Tags) 5929 Distribution frequency: As needed. 5930 a Residential Service Guide 5931 Distribution frequency. Annually, and as needed. 5932 0 Community Event Notification 5933 Distribution frequency: As needed. 5934 . Public Service Announcements (PSAs), Advertising (Local Media) 5935 Distribution frequency. In accordance with events 5936 a Residential Newsletters 5937 Distribution frequency: quarterly 5938 0 Educational presentations to business groups, homeowner associations/HOA, 5939 civic organizations, etc. 5940 Frequency., Upon request. 5941 • Posters and Informational Displays 5942 Distribution frequency: As needed. 5943 0 Multi -Family Service Guide 5944 Distribution frequency: Updated annually or as needed. Reprinted as needed. 5945 Provided at move -in and during site visits. 5946 • Non -Compliant Notices 5947 Distribution frequency: quarterly and upon city request. 5948 a Collection Point Posters 5949 Distribution frequency: As needed and/or requested. 5950 @ Meetings with Property Manager 5951 Conducted as needed or requested. 5952 0 Multi -Family Property Educational Presentations 5953 Distribution frequency: Upon request. 5954 0 Commercial Service Guide 5955 Distribution frequency: Provided annually, at in-person meetings, and upon request. 5956 0 Commercial Newsletter 5957 Distribution frequency. quarterly. 5958 0 Non -Compliant Notices 5959 Distribution frequency: quarterly and upon city request. 5960 0 Waste Audits and Recycling Technical Assistance DRAFT AGREEMENT.V1 Page 177 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 5961 Conducted initially as needed, and annually thereafter 5962 Presentations to Business Organizations 5963 Distribution frequency: Upon request. 5964 Mandatory Recycling/Organics Service 5965 Distribution frequency. Automatically and tailored per customer thereafter. 5966 5967 b. Service Brochures 5968 Residential Service Guide 5969 Welcome packets are mailed to each new customer which include Republic's Residential 5970 Service Guide. This service guide outlines sorting of materials for proper disposal shown 5971 through both text and images. It will also outline the proper handling of universal and hazardous 5972 wastes, proper cart set -out procedures, weekly collection schedule, holiday schedule, and 5973 additional resources for customers. 5974 5975 Multi -Family Service Guide 5976 Produce and distribute Multi -Family Service Guide and other collateral materials designed 5977 specifically to reach multi -family residents. These items will describe topics such as: how to 5978 prepare and sort materials for disposal collection. The Guide will be printed in sufficient numbers 5979 for distribution to all impacted multi -family customers. 5980 5981 Commercial Service Guide 5982 Design and distribute a Commercial Service Guide containing information on proper sorting for 5983 trash, recycle, organics, as well as additional services available for proper disposal of hazardous 5984 material, hard -to -recycle material, and large project waste solutions. 5985 5986 Annual Education Updates 5987 Republic Services will mail each household an annual reference guide for collection services. 5988 This reference guide will contain information on collection services as well as any updates for 5989 acceptable or unacceptable materials. The reference guide will also contain information on new 5990 products and services available to residents and businesses such as bulky item collections, C&D 5991 temp services, sharps, collection events, etc. 5992 5993 c. Community Meetings 5994 Republic may schedule meetings and/or public presentations to HOAs and business and 5995 neighborhood groups, volunteer organizations, etc.to provide recycling -related information and 5996 encourage compliance with programs/mandatory collection services. 5997 5998 Meetings with Property Manager 5999 As noted in the Transition Plan, Republic will perform site assessments at each property, initially, 6000 and thereafter once annually or as needed. Meetings with property managers are aimed to 6001 evaluate services, address concerns, and make service adjustments as necessary. 6002 Republic will work with property managers to implement new programs (which will include a 6003 waste assessment, training, technical assistance, and initial monitoring upon program 6004 implementation). Posters and stickers to clearly label collection containers will also be distributed 6005 during these meetings. 6006 6007 Educational presentations to business groups, homeowner associations/HOA, civic 6008 organizations, etc. 6009 Republic may schedule meetings and/or public presentations to HOAs and business and 6010 neighborhood groups, volunteer organizations, etc. to provide recycling -related information and 6011 encourage compliance with programs/mandatory collection services. 6012 6013 Multi -Family Property Educational Presentations DRAFT AGREEMENT.V1 Page 178 of 185 RN #4862-7000-7618 v1 DRAFT 5/2/2023 6014 Republic will host community events at multi -family complexes, to HOAs, and tenant 6015 associations to emphasize the importance of proper sorting and troubleshooting support for 6016 residents and property managers. 6017 6018 Proposed activities will include short presentations on importance of proper sorting and what 6019 materials are permissible in each container, hosting of information tables, provide interactive 6020 games, and distribute bags and pails for in-house collection. 6021 6022 Presentations to Business Organizations 6023 Republic will be available to various business organizations to promote and explain the recycling 6024 and food scraps collection programs, mandatory recycling, and organic diversion requirements, 6025 as requested by the associations. 6026 6027 d. Written Notices and Outreach Material 6028 Corrective Action Notices (Oops Tags) 6029 Cops tags are our first line of education for residents that have placed unacceptable items at the 6030 curb for collection. Drivers and our dedicated Rosemead Compliance Monitorwill leave an cops 6031 tag with the resident and/or business if a material cannot be picked up. Oops tags will provide 6032 the reason why the item was not picked up as well as a phone number to call for further follow - 6033 up information. Use of these Corrective Action Notices brings resolution to contamination issues 6034 by notifying customers in writing of steps to take to improve collectability of materials, declining 6035 to service contaminated containers, and/or imposing charges to customers for excessive 6036 contamination. All corrective action and non -collection notices will be recorded and shared with 6037 the city. 6038 6039 Community Event Notification 6040 Republic will prepare and distribute an annual mailer promoting compost giveaways and shred 6041 events, citywide collection drives as outlined in the RFP, seasonal community events, including 6042 neighborhood clean-up events, Christmas tree collection, and other collection activities. The 6043 direct mail piece will include the date and time of each event, regular weekly collection schedule, 6044 acceptable materials for collection, and any relevant set -out instructions. 6045 6046 Residential Newsletters 6047 Republic will prepare and distribute quarterly newsletters to all customers that creatively inform 6048 residents and businesses about collection and waste reduction programs. Newsletters will also 6049 include educational and topic -specific issues deemed appropriate by the contractor and City. 6050 Newsletter articles will address topics such as tips for proper recycling, use of organics 6051 containers and kitchen pails, composting, battery and electronics education, prevention of 6052 contamination issues, proper Collection Container placement, resource information, and HHW 6053 education. 6054 6055 Non -Compliant Notices 6056 Author and distribute co -branded quarterly notices to non-compliant generators who are not 6057 participating in mandatory source separated recycling and/or organics service. These notices 6058 will outline state laws, city requirements and enforcement mechanisms, and solutions for 6059 promptly taking action to achieve compliance. 6060 6061 Commercial Newsletter 6062 Prepare and distribute a quarterly commercial newsletter to all commercial customers promoting 6063 and explaining recyclables and organics collection and mandatory enrollment programs. This 6064 information will be formatted so that it can be easily posted in break rooms and common areas. 6065 6066 Mandatory Recycling/Organics Service DRAFT AGREEMENT.V1 Page 179 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 6067 Republic will demonstrate diligent efforts to ensure that all multi -family and commercial 6068 customers are automatically enrolled in services for source separated collection of recyclable 6069 materials and organic materials, and knowledgeable about proper participation. Republic will 6070 provide appropriate support to all customers to implement recyclable and organic materials 6071 collection services to comply with state and county mandates. Republic will provide extra 6072 support to customers as requested and will also periodically contact customers to offer technical 6073 assistance during each contract year. 6074 6075 e. City, School, Facilities, and Business Community Programs 6076 Posters and Informational Displays 6077 Posters will be available to post at busy local venues and community meeting places, such as 6078 City Hall, libraries, and community centers — all with the intent of helping to educate the public on 6079 collection and program enrollment initiatives. 6080 6081 Collection Point Posters 6082 Multi -family tenants are most effectively educated at the collection point, and property managers 6083 frequently ask for posters. Information will be presented in colorful graphics. 6084 6085 Compliance Inspections 6086 Rosemead and Republic Services are required to conduct ongoing inspections of customers to 6087 ensure overall compliance with the law and programs. 6088 To achieve the robust goals of SB 1383, all organic waste generators are required to participate 6089 in an organics program. Republic Services will conduct an annual compliance review and 6090 determine who is not in compliance with the law. We will also combine our contamination 6091 minimization program with our annual route review to determine customer compliance. 6092 6093 Compliance Inspections will consist of the following: 6094 a Compliance Review: Conduct a review of all commercial businesses that generate 6095 two cubic yards or more per week of solid waste. Republic will also assess if customer 6096 generates more than 10 -to 20- gallons of organic material per week depending on 6097 their service levels. 6098 0 Annual Route Reviews: Review all routes and generate a sufficient number of 6099 inspections to determine overall program compliance and participation in the City. 6100 6101 Waivers Granted by Jurisdiction 6102 A significant change brought on by SB 1383 is that Rosemead is required to provide organic 6103 collection to all generators. However, the law does allow for Rosemead to grant waivers on a 6104 selective basis. 6105 6106 Rosemead may grant one, or more, of the following waivers to generators deemed exempt from 6107 the required programs: 6108 De Minimis: Businesses generating a minimum amount of organic material (less than 6109 10- to 20 -gallons of organic material per week depending on customer's weekly 6110 service level). 6111 Physical Space Waiver: Premises lacking adequate space for any organic carts. 6112 Collection Frequency: Customers may arrange to collect blue, gray, or both carts once 6113 every 14 days. 6114 6115 Through commercial route audits and site visits by our Recycling Coordinators and dedicated 6116 Compliance Monitor, Republic Services can act as Rosemead's eyes and ears by capturing data 6117 and waiver requests. Upon receiving a request, Republic Services will validate the request and 6118 forward the request to Rosemead staff. The actual administering of this program can be fully 6119 determined and outlined within the final contractual agreement. DRAFT AGREEMENTNII Page 180 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 AM 6121 Investigation of Complaints of Alleged Violations 6122 The City of Rosemead and Republic Services are required to establish a procedure for the 6123 receipt and investigation of written complaints of alleged violations of the law. 6124 6125 Republic Services will coordinate with Rosemead staff to develop a system for conducting such 6126 investigations. 6127 6128 Edible Food Recovery Outreach 6129 The law requires Rosemead to maintain a list of food recovery organizations, and to provide 6130 edible food generators, at least annually, with information about the food recovery program. 6131 6132 Republic Services will support Rosemead in continuing to develop an edible food recovery and 6133 food distribution program by assisting the City in identifying edible food generators and by 6134 supplementing the education and outreach program each year of the contract term. 6135 6136 The edible food recovery program will be established by assessing the capacity of existing food 6137 recovery opportunities, inspecting commercial generators for compliance, and implementing 6138 education and outreach to those subject to the requirement. 6139 6140 Businesses are required to provide information to their employees, contractors, tenants, and 6141 customers about the proper sorting of organic waste. 6142 6143 Republic Services will provide downloadable reference guides, posters, and other outreach 6144 material targeting commercial businesses that must comply with the law. 6145 Commercial businesses will be responsible for accessing the outreach material and distributing it 6146 amongst their employee teams as needed. 6147 6148 Special Events 6149 Republic Services will continue to serve as a true leader in [Keywords], not only because of our 6150 dedication to excellence in service, but because we are a proud community partner. 6151 6152 We participate in numerous community events on an annual basis and propose to build on these 6153 existing efforts by partnering with the [Keywords] in developing and launching a sustainability - 6154 themed outreach schedule for public events. 6155 6156 The program would involve creating a family of "green" recycling -specific educational hand-outs, 6157 and a common, customizable booth design that could be used at local street fairs, art festivals, 6158 summer concerts, etc. 6159 6160 Republic Services will not only continue to provide service and assistance to community events, 6161 but we will also work with event planners to bring additional value. This would include upfront 6162 planning; for logistics detail, such as placement of dumpsters, providing a full contingent of 6163 dumpsters at each collection point with clear messaging to encourage recycling and/or food 6164 waste participation, clean-up services, sponsorships, and educational giveaways such as 6165 sharps, and backyard compost containers as required by the agreement. 6166 6167 We see this as an opportunity to engage with the Rosemead community to become even 6168 stronger and more vibrant. The [Keywords] can count on Republic Services to continue serving 6169 as a true responsible corporate citizen and community partner in "greening," the [Keywords] 6170 service area and educating residents and businesses every step of the way. 6171 6172 K-12 School Education 6173 Fortunately, Republic Services has also been the longtime solid waste and recycling service 6174 provider to the Rosemead School District. In addition to the already established educational DRAFT AGREEMENT.V1 Page 181 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 6175 programs we offer the School District, we will further promote diversion activities and SB 1383 6176 educational topics to its students so when they go home each day, they can serve as "recycling 6177 ambassadors," to their families and friends in Rosemead. 6178 6179 Recycling Simplified 6180 Republic has established an excellent source for additional customer educational information, 6181 which will be promoted in all collateral materials. Information and instructive videos by material 6182 type are posted at the website below, along with a full recycling curriculum for grades pre - 6183 kindergarten through 12, developed for Republic by educators: https:Hrecyclingsimplified.com/ 6184 6185 We believe we have a responsibility to educate our customers when it comes to recycling the 6186 right way. We understand recycling can be confusing at time, so we have created a campaign to 6187 educate people how and what to recycle. 6188 6189 On average, one-third of what consumers put in their recycling carts doesn't belong there. And 6190 there aren't enough resources or technology to reverse contamination once it takes place. Some 6191 of these items are contaminated with food or another residue. Think of a ketchup bottle — if 6192 there's still ketchup inside, it's contaminated and can ruin an entire load of recyclables. 6193 6194 We know people want to be responsible and do the right thing to ensure the local recycling 6195 programs they know, and love, are sustainable for future generations. 6196 6197 Many people are "wish -cycling" — throwing items in their recycling bin that they hope can be 6198 recycled. Remember: When in doubt, throw it out. 6199 6200 To help consumers know how and what to recycle, we launched our Recycling Simplified 6201 campaign. Visit RecyclingSimplified.com for tips, videos, and resources to become a better 6202 recycler and reduce contamination rates. 6203 6204 We are partnering with communities to help reduce contamination and the best way to do this is 6205 through education. We also know that the children are integral in driving behaviors in the home. 6206 We are extremely proud to offer a free service to the schools to assist in this effort. The 6207 Recycling Simplified Education Program contains everything needed to teach students about 6208 recycling. You'll find step-by-step lesson plans and supporting materials including activities, 6209 videos, student certificates and handouts for students to bring home. The curriculum is based on 6210 grade level. There are four categories — PreK-2, 3rd -5th, 6 -8th and 9 -12th grade. 6211 - 6212 Lessons within each grade range build upon students' understanding and help them gain greater 6213 awareness of the broader environmental, sustainability, and societal issues related to recycling 6214 and its role in conserving natural resources. 6215 6216 Aside from information for educators, other resources on the site include: 6217 0 Recycling Basics: This provides an overview and basic recycling information by 6218 material type. 6219 0 Expert Tips: This includes tips to avoid common recycling mistakes. 6220 0 Resources: This is information geared toward generator type other than educational 6221 institutions, such as for residents and businesses. 6222 0 At -Home Learning: Offerings include at-home activities for school age children, 6223 again, by grade level. 6224 6225 This is a tremendous virtual platform available to all for free, Republic will ensure educators are 6226 aware of its presence through existing communications channels and printed materials as 6227 advised by them. 6228 DRAFT AGREEMENT.V1 Page 182 of 185 RIV #4862-7000-7618 vi DRAFT 5/2/2023 6229 Instructional Videos 6230 Aligned with what has been utilized in our services provided to the Los Angeles Unified School 6231 District (LAUSD), as their current solid waste hauler, Republic will provide various instructional 6232 videos including a video that demonstrates how to set up and properly use Lunch Time 6233 Recycling Waste Stations. This video will be shown to key staff and students alike. The video will 6234 go over existing materials needed that can be found on campus as well as a simple walk through 6235 for students to understand. Instructional videos will be directed toward the specific school 6236 community audiences. 6237 6238 These are the groups we continue to interact with and who we continue to value in our program - 6239 building efforts: 6240 0 Food Services Department 6241 0 Cafeteria Managers 6242 0 Complex Project & Plant Managers 6243 0 Principals 6244 0 Middle and High School Green Team leaders and champions 6245 0 High School Science Teachers 6246 6247 f. City Staff Training 6248 6249 3. Methods to Reduce Contamination 6250 Please reference section 2.d written notices as well as Exhibit 10, "Sustainability and 6251 Compliance Plan." 6252 DRAFT AGREEMENT.V1 Page 183 of 185 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 6253 6254 4. Benefits of Participation 6255 Public education is critical to maintaining an efficient and cost-effective service for recycling and 6256 waste in your community. 6257 6258 The goal of Republic Services' Public Education and Outreach Program is to educate residents 6259 on industry trends and the services offered by Republic Services. We do this by engaging 6260 community groups and business associations, educating residents and businesses about the 6261 key elements of the program, highlighting customer service, promoting environmental benefits, 6262 and emphasizing state requirements. 6263 6264 At a minimum, Republic Services will provide the following educational materials and collateral 6265 as required by the agreement: 6266 0 Annual notice of requirements 6267 a Billing inserts upon city request 6268 • Multi -family & commercial printed signage & posters 6269 0 City specific website URL 6270 a Instructional service guide revised for any changes throughout contract term 6271 0 Educational materials to non-compliant entities 6272 a Educational materials for property and business owners/tenants for distribution to all 6273 employees 6274 6275 We develop and maintain a library of public education programs and materials that our partners 6276 can leverage in their communities 6277 • Instant access to information via website and the Republic Services app 6278 0 Facility tours 6279 6280 School education and take-home materials 6281 • Videos and public service announcements 6282 0 Community newsletters 6283 6284 The resources are always available for all customers. All printed materials will be sourced from a 6285 local print publication shop. 6286 6287 At Republic, we believe that robust and diversified education efforts will be the most important 6288 factor for achieving success with the new contract's requirements and the City's compliance with 6289 SB 1383. 6290 6291 To ensure compliance driven results, best practices, and collection program participation - we 6292 will be offering our Rosemead outreach materials available for electronic distribution. While our 6293 Recycling Coordinators are meeting with customers and conducting site visits/waste 6294 assessments, we will be collecting electronic contact information and will maintain a database of 6295 Rosemead email addresses. 6296 6297 Those customers who opt -in to receive their communications electronically will receive quarterly 6298 newsletters, service guides, compliance letters, etc. via email. This action will help educate the 6299 community through multiple platforms and additionally help reduce paper waste. We realize that 6300 people today like options for how they prefer to receive information. Having an electronic 6301 distribution option only guarantees that our education efforts more effectively reach as many 6302 people in Rosemead as possible. 6303 DRAFT AGREEMENT.V1 Page 184 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 6304 Exhibit 12 6305 Acceptable Recyclable Materials 6306 Recyclable Materials include but are not limited to: 6307 6308 "Recyclable Materials" means those Discarded Materials that: the Generators set out in 6309 Recyclables Containers for Collection for the purpose of Recycling by the Contractor and that 6310 exclude Excluded Waste. 6311 6312 No Discarded Materials shall be considered Recyclable Materials unless such material is 6313 separated from Organic Materials, and Solid Waste. 6314 6315 Recyclable Materials shall include, but not be limited to: newspaper (including inserts, coupons, 6316 and store advertisements), mixed paper (including office paper, computer paper, magazines, junk 6317 mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone 6318 books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe 6319 boxes, , cereal, and other similar food boxes yet excluding paper tissues, paper towels, paper 6320 with plastic coating, paper contaminated with food, wax paper, foil -lined paper and cartons, Tyvex 6321 non -tearing paper envelopes); chipboard, corrugated Cardboard; glass containers of any color 6322 (including brown, clear, and green glass bottles and jars); aluminum (including beverage 6323 containers and small pieces of scrap metal); steel, tin, or bi-metal cans; mixed plastics such as 6324 plastic containers (no. one (1) to seven (7)), except plastic six (6) and expanded Polystyrene 6325 (EPS); bottles including containers made of HDPE, LDPE, or PET and, those materials added by 6326 Republic from time to time. 6327 6328 Recyclable Materials does not include any "compostable plastic" items 6329 DRAFT AGREEMENT.V1 Page 185 of 185 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Attachment E Draft Integrated Solid Waste Handling Services Agreement — Valley Vista 1 DRAFT AGREEMENT 2 FOR THE PROVISION OF 4 INTEGRATED SOLID WASTE HANDLINGSERVICES 5 6 Executed Between the 7 City of Rosemead and Valley Vista Services, Inc. 8 9 This o ,day of May 2023. 10 11 12 RIV #4862-7000-7618 vi DRAFT 5/2/2023 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 TABLE OF CONTENTS Integrated Solid Waste Handling Services Agreement Table of Contents Article1. Definitions.................................................................................................................5 Article 2. Term of Agreement.................................................................................................18 Article 3. Conditions Governing Services Provided by Contractor. ......................................... 19 Article 4. Franchise Fees and Payments...............................................................................20 Article 5. General Requirements............................................................................................22 Article 6. Collection Service Rates.........................................................................................28 Article 7. Collection Service Billing ........... .... .... .. ....... .......... ... .... .... ... .....33 Article 8. Diversion Requirements ...................... ........, ......... ... .... .......... ..36 Article 9. Service Unit Types..................................................................................................38 Article 10. Residential Service...............................................................................................39 Article 11. MFD Service.........................................:::.............................................................45 Article 12. Commercial Service..............................................................................................52 Article 13. Mixed Use Dwelling Service (MXD).......................::.............................................59 Article 14. City Services ............................. ......................................................59 Article 15. Additional Services ....... :.............................................................................60 Article 16. Collection Routes. ...... ..... .... ..62 Article 17. Minimum Performance Standprds ..r. ........ ............. ... .... .. .......62 Article 18. Collection Equipment ......................... .....?......... ... ... .... .... .........64 Article 19. Contractor's , .. ...................... ........ ..... .... ....... .... .... .. .......68 Article 20. Contractor Support Services. .I ..... ...... .. ...I... ........ .........69 Article 21. Emergency Service....,.;:............. ............................................ ........... .......73 Article 22. Record Keeping and Reporting. Requirements .............. .... ........ ... .......74 Article 23. Nondiscrimination ... .......... ........:.... ... ...... .... .... .... .... .... ...................79 Article 24. Service lnquines and Complaints ...... ..... ... ..... ... .... ... ... .... ...... ......79 Article 25. Quality of Performance of Contractor ......... ... ..... ... .. ..... .... .. ..... .......80 Article 26. Performance Bond ........... .............. ... .... ... ........ .... ... ... .... ..81 Article 27. Insurance ..................... ... .. ........................................ ...... .... . 82 Article`2&, Harmless and Indemnification ............ ... .... ....... ... ....86 Article 29. Default of Agreement ............ ... ...... ........ ..................... ............. ...89 Article 30 Mddifications to the Agreement ... ..... ........ ..... ... ... .... ........ .........92 Article 31. Legal Representation............................................................................................93 Article 32. Conflict of Interest.................................................................................................93 Article 33. Contractor's Personnel..........................................................................................93 Article34. Exempt Waste......................................................................................................95 Article 35. Independent Contractor........................................................................................95 Article 36. Laws to Govern .....................................................................................................95 Article 37. Consent to Jurisdiction..........................................................................................95 Article38. Assignment...........................................................................................................96 DRAFT AGREEMENT.V1 Page 2 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Article 39. Compliance with Laws..........................................................................................96 Article 40. Permits and Licenses............................................................................................96 Article 41. Ownership of Written Materials.............................................................................97 Article42. Waiver..................................................................................................................97 Article 43. Prohibition Against Gifts........................................................................................97 Article 44. Point of Contact....................................................................................................97 Article45. Notices..................................................................................................................97 Article 46. Transition to Next Contractor................................................................................98 Article 47. Contractor's Records............................................................................................98 Article48. Entire Agreement..................................................................................................99 Article49. Severability.........................................................................................................100 Article 50. Right to Require Performance.............................................................................100 Article 51. All Prior Agreements Superseded.......................................................................100 Article52. Headings.....................................................I.....................................................100 Article 53. Exhibits...............................................................................................................100 Article 54. Attorney's Fees...................................................................................................100 Article 55. Effective Date.....................................................................................................101 Exhibits Exhibit 1 City Approved Service Rates'; ..... ......... ............ .... ... .........103 Exhibit 2 City Sponsored Events ...........: .:....................,'..................................................104 Exhibit 3 List of City Properties and Current Service Levels .... .. ......... .... ... .........105 Exhibit 4 Collection Container Specifications ...................... ........ .... ... ... .........108 Exhibit Transition Plan .................................. ::.................... ............................................ 111 Exhibit 6 Administrative Charges and Fez 1plties ..... .... ........ .... ...... ....... .........115 Exhibit 7 Customer Service, Plan............... .......... ... ..... .. ...... .... ...... .......117 Exhibit 8 Collection Service Operations Plan......... ........ ........... ... ... ...... ........120 Exhibit 9 City -Approved Processing and Disposal Facilities ...... .. ... ......... ........122 Exhibit 10 Sustainabilitq;and Compliance Plan ...... ......... .... ... .... .. ......... .......123 Exhibit 11 Outreach and`Education Plan.......................................................................... Exhibith2,Acceptable Recyclable Materials .......... ..... ......... ... ..... ......... ....128 DRAFT AGREEMENT.V1 Page 3 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 This Integrated Solid Waste Handling Service Agreement ("Agreement") is hereby entered into by and between the City of Rosemead, a general law city existing under the laws of the State of California ("City") and Valley Vista Services, Inc. a California Corporation ("Contractor") as of , 2023 under the terms and conditions set forth herein. RECITALS A. The Legislature of the State of California, by enactment of the California Integrated Waste Management Ad of 1989 (the "Act") and subsequent additions and amendments (codified at California Public Resources Code Section 40000 at sec.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for garbage collection'within their jurisdiction. B. The State of California has found and declared that the amount of garbage generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of the Ad, directed the responsible State agency, and all local agencies, to promote disposal site diversion and to maximize the use of feasible garbage reduction, re -use; recycling, and composting options to reduce the amount of garbage that must be disposed of in disposal sites. C. Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as maybe amended from time to time, City has determinedthat the public health, safety, and well-being require that `, an exclusive right be awarded to a qualified contractor to'ptpyide for the collection of garbage, recyclable materials, and organic waste materials, except and other services related to me&'iti Ue Ad's D. City further declares its it Service Recipients for the collectio garbage, recyclable materials, and excluded in City's Municipal Code, and other requirements of the Ad. set the maximum rates Contractor may charge essing, recycling, composting, and/or disposal of E. The City Council has. determined tnafContractor, by demonstrated experience, reputation, and capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste materials within the corporate limits of City, the transportation of such material to appropriate places for processing, recycling, composting and/or disposal; and City Council desires that Contractor be engaged to perform such services on the basis set forth in this Agreement; and, Contractor has represented that it has the ability and capacity to provide for the collection of garbage, recyclable materials, and organic waste materials withinthe corporate limits of City; the transportation of such material to appropriate places for processing recycling, composting and/or disposal; and the processing of materials. F. By Resolution No. 2023-27, the City Council of City duly approved this Agreement, together with the Franchise Fee, Contractor payments to City, and other City -imposed fees provided for in the Agreement (collectively "City Imposed Fees"), and found and determined that such City Imposed Fees were both necessary and reasonably reflect, or are less than, the actual casts City that will incur in the administration of the contracted services, compliance with mandatory state laws and regulations related to the contracted services, and to mitigate the of impacts provision of the contracted services will have on City streets, Support for these findings is provided in both Resolution No. 2023-27 and the accompanying staff report dated May 9t", 2023, DRAFT AGREEMENT.V1 RIV #4862-7000-7616 V1 DRAFT 5/2/2023 Page 4 of 128 129 OPERATIVE PROVISIONS 130 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained 131 in this Agreement, City and Contractor agree as follows: 132 133 Article 1. Definitions 134 For the purpose of this Agreement, the definitions contained in this Article apply unless otherwise 135 specifically stated. When not inconsistent with the context, words used in the present tense include the 136 future, words in the plural include the singular, and words in the singular include the plural. Use of the 137 masculine gender includes the feminine gender. The meaning of terms or words not defined in this Article 138 will be as defined in the Integrated Waste Management Act, or if not definer/ therein, then as commonly 139 understood in the Integrated Solid Waste Handling Services industry when the common understanding is 140 uncertain. 141 1.01 AB 341. 'AB 341" means State of Califg[r) Amembly Bill No. 341 app October 5, 142 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 143 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to 144 arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling 145 program. 146 1.02 AB 827. "AB 827" means St W Ca semblV-No. 827 approved October 02, 147 2019. AB 827 requires businesses that are mandw to r 341 ("MCR") and/or mandated to 148 recycle organics under AB 1826 or SB 1 �at provide Customers access to the business, to 149 provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible, 150 easily accessible, and adjacent to each bjn pr container for trash. 151 1.03 AB 939 � 939'4("The California Integrated Waste Management Act 152 of 1989" codified part in P#Ifd ;Rbsources 666P% 40000 et seq, and such regulations adopted by. 153 California Department of ResourcesRecycling and Recovery (CalRecycle) for implementation of the Act, or 154 its successoragency, including but not. limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 155 (Chapter'343, Statues of 2008 [Wiggins, SB 10161), the Mandatory Commercial Organics Recycling 156 Resources Code § 40000 and following as it may be amended and as implemented by the regulations of 157 CalRecycle" 158 1.04 AB 15940 JXB 1594' means State of California Assembly Bill No. 1594 approved 159 September 28 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 160 Daily Cover does not constitute diversion through recycling and would be considered disposal. 161 1.05 AB 1669. "AB 1669" means State of California Assembly Bill No. 1669 approved 162 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the 163 hiring of displaced employees under service contracts for the collection and transportation of solid waste. 164 1.06 AB 1826. 'AB 1826" means State of California Assembly Bill No. 1826 approved 165 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an DRAFT AGREEMENT.V1 Page 5 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 166 organic waste recycling program to divert from the landfill organic waste from businesses. Each business 167 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 168 1, 2020, is required to arrange for organic waste recycling services. 169 1.07 AS 3036. 'AB 3036" means State of California Assembly Bill No. 3036 approved 170 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting 171 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, 172 license, or permit. 173 1.08 Agreement. "Agreement" means the written Integrated Solid Waste Handling Services 174 agreement between the City and the Contractor covering the work to be performed and all contract documents 175 attached to the agreement and made a part thereof. 176 1.09 Agreement Administrator. 'Agreement Admir) or' means the City Manager, or his or 177 her designee, designated to administer and monitor the provisions of the Agreement. 178 1.10 Agreement Year. "Agreement Year means each twelve (12) month period from August V 179 to July 301h during the term of this Agreement. 180 1.11 Alternative Fuel Vehicle. "Altemate Fuel Vehicle means a vehicle whose engine uses a 181 fuel other than gasoline or diesel fuel such as cptnpr'essed natural gas(CN.G) or other fuel with comparably 182 low emissions of air pollutants regulated under ttia`California,Clean Air Act, Health and Safety Code Section 183 39000 et seq. or the South Coast Air Quality Management District's rules and regulations including Rule 1193. 184 1.12 ADolicable Law. "Ap a Law' shall mean all federal, state, county, and local laws, 185 regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental 186 agency having jurisdiction over an aspect of th(s Agreement that are in force on the Effective Date, and as 187 may be enacted, issued ora i � � 40 t 'without limitation, to the City's Municipal Code, the 188 California Integrated Waste Management Act of 1989 (Public Resources Code section 40000 et seq.), as 189 amended asof the Effective. Date, inclusive (without exclusion to other amendments not referenced here) of 190 AB 939, AB 341, AB 1826 AS 1594 SB X1383, and inclusive of all regulations implementing same adopted 191 as of the Effective Date. 192 1.13Best Management Practice. 'Best Management Practice" means the schedule of activities, 193 prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to 194 the maximum extent that. is technologically and economically feasible, the discharge of pollutants in the storm 195 drain system. 196 1.14 Bin. 'Bin" means a metal or plastic waste container designed or intended to be 197 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to 198 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor -provided Bins are 199 set forth in Exhibit 4. 200 1.15 Biohazardous or Biomedical Waste. "Biohazardous" or "Biomedical Waste" means any 201 waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included DRAFT AGREEMENT.V1 Page 6 of 128 Rro #4962-7000-7618 V1 DRAFT 5/2/2023 202 are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes 203 which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological 204 specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves. 205 1.16 Box. "Box" means a large open -top rectangular metal containers used to store and 206 transport MSW, Recyclable Materials, Green Waste, Construction and Demolition Debris, or other materials, 207 collected using a special vehicle equipped with hooks and a winch to pull the box onto the flat bed of the truck 208 for transport. 209 1.17 Brown Goods. 'Brown Goods" means electronic equipment such as stereos, televisions, 210 computers, VCR's and other similar items collected from SFD Service Uric :. 211 1.18 Bulky Waste. "Bulky Waste" means furniture, household appliances, automobile tires, 212 shipping crates and containers carpets, mattresses, oversizedayard waste such as tree trunks and large 213 branches 'rf no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items 214 not normally discarded on a regular basis at a residential, commercial, or business establishment. "Bulky 215 Items" do not include Construction and Demolition Debris or Electronic Waste, which are regarded as 216 Universal Waste, the disposal of which is governed by the Department of Toxic Substances Control. 217 1.19 Business Day. "Business s any Monday through Friday, excluding any holidays 218 as defined in Section 5.03. 219 1.20 Calendar Year. "Calendar Yeafleans;each twelve It 2) month period from January 1 to 220 December 31. 221 1.21 Cart. 'WW- means a plastic I Wacle with a rated capacity of at least twenty (20) 222 and not more than one hundred (100) gallons, having a hinged tight -fitting lid and wheels, that is provided by 223 the Exclusive Franchise Solid Waste Co"ritradtb%approved by the City, and used by Service Recipients for 224 collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises in 225 connection with Exclusive Franchise Integrated Solid Waste Handling Services. The specifications for 226 ContractoKprovided Carts are set forth in Exhibit 4. 227 1.22- CERCLA. The. Comprehensive Environmental Response, Compensation and Liability Act 228 of 1980, 421JS.C. Sections,9601 and following, as may be amended and regulations promulgated 229 thereunder. 230 1.23 Chance in Law. 'Change in Law" means the occurrence of any of the following events after 231 the Effective Date, when such event has a material and adverse effect on the Parties' responsive obligations 232 or the performance of their respective obligations under this Agreement (except for any payment obligations): 233 (i) the enactment, adoption, promulgation, amendment, repeal, judicial interpretation, or formal administrative 234 interpretation of any Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local 235 court or agency in a proceeding to which a Party is a party, but not to the extent such order orjudgment finds 236 the Party asserting there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) 237 the denial, suspension, or termination of any government permit or other entitlement, but not to the extent DRAFT AGREEMENT.V1 Page 7 of 128 RN #4862-7000-7618 vi DRAFT 5/2/2023 238 such denial, suspension, or termination is the result of any act or omission of the Party asserting there to 239 have been a Change in Law. 240 1.24 Ci 'City" means the City of Rosemead, California, including any unincorporated areas of 241 the County that may be annexed by the City during the Initial Term and all extensions. 242 1.25 City Collection Service. "City Collection Service" means City Garbage Collection Service, 243 City Organic Waste Collection Service, City Recycling Service, City Clean-up Services, City -Sponsored 244 Events Services, and Bulky Waste Collection Services. 245 A. City Clean-up Services. "City Clean-up Servicer^vans on-call City requested 246 Collection from Agreement Administrator to support City services and operations. 247 B. City Garbage Collection Service. "City �artege Colled6t, Service' means the 248 Collection of Garbage, by Contractor, from City Service Units in the Service Area and the delivery of that 249 Garbage to a Disposal Facility. 250 C. City Bulky Waste Collection Service. "City Bulky. Waste Collection Service' means 251 the periodic on-call Collection of Bulky Waste, by Contractor,. from City Service Units in the Service Area 252 and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or such other facility 253 as may be appropriate under the terms of this Agreement. 254 D. City Organic Waste CollectionsServlce. "City Organic Waste Collection Service" 255 means the Collection of Organic Waste, by Contractor, from City Service Units in the Service Area, the 256 delivery of those Organic Waste materials to an Organic Waste Processing Facility and the processing and 257 marketing of those Organic Waste materials, and the disposal of all City Organic Waste Processing Residue. 258 E. City Recycling -Service AL Recycting Service" means the Collection of 259 Recyclables Materials by the Contractor from City Service Units in the Service Area, the delivery of those 260 Recyclable Materials to a Materials Recovery FaCiiity and the processing and marketing of those Recyclable 261 Materials, and the disposal of all City Recyclables Materials Processing Residue. 262 F City Sponsored Event Services. "City Sponsored Event Services' means on-call 263 Collection Services at City -Sponsored Events. 264 1.26 City Facility. City Facility(ies) means any building or other site that the City owns, leases, 265 or occupies that are listed in Exhibit 3. 266 1.27 C! Manader. "City Manager" means the City Manager of the City of Rosemead, or his or 267 her designated representative, or any employee of the City who succeeds to the duties and responsibilities 268 of the City Manager. 269 1.28 Collect and Collection and Collected. "Collect" "Collection' and 'Collected" means the 270 removal of Solid Waste from a Service Unit and transportation to a Disposal Facility, Organic Waste 271 Processing Facility, Materials Recycling (or Recovery) Facility, or Transfer Station as appropriate. DRAFT AGREEMENT.V1 Page 8 of 128 RIV #4862-7000-7518 v1 DRAFT 5/2/2023 272 1.29 Collection Container. "Collection Container" means a Bin, Cart, Debris -Box or Roll -Off 273 Container that is approved by the Agreement Administrator for use by Service Recipients for Collection 274 Services under this Agreement. 275 1.30 Collection Services. "Collection Services" means Contractors obligations under this 276 Agreement to Collect Solid Waste within the Service Area. Collection Service includes Residential Collection 277 Service, Commercial Collection Service, and City Collection Service. 278 1.31 Collection Vehicle. "Collection Vehicle" means a licensed vehicle that has all required 279 licenses to provide Collection Service and that has been approved by the Agreement Administrator for use 280 under this Agreement. 281 1.32 Commencement Date. "Commencement Date" has the meaning specified in Section 2.01 282 of this Agreement. - 283 1.33 Commercial Collection Service. "CommOO CollectonS,ervice" means Collection Service 284 provided to Commercial Service Units. Commercial Collection Service includes Commercial Garbage 285 Collection Service, Commercial Organic Waste Collection Service, and Commercial Recycling Collection 286 Service. Commercial Collection Service specifically includes the following: 287 A. Commercial Garbage CollectionService. "Commercial Garbage Collection 288 Service" means the Collection of Garbage tiy" Contractor, from Commercial Service Units in the Service 289 Area and the delivery of that Garbage to a Disposal Facility. 290 B. Commercial Organic Waste Collection Service. "Commercial Organic Waste 291 Collection Service" mean* the Collection of Organic Waste, by Contractor, from Commercial Service Units 292 in the Service Area, the delivery of thoseiOrganic Waste materials to an Organic Waste Processing Facility 293 and the processing and marketing of those Organic Waste materials, and the disposal of all Commercial 294 Organic Waste Processing Residue 295 C. Commercial Recycling Collection Service. "Commercial Recycling Collection 296 Service"•3tiij'dha the'Collection of :Recyclable Materials, by Contractor, from Commercial Service Units in 297 the Service Area, the delivery of those Recyclable Materials to a Materials Recovery Facility and the 298 pro cetsiing and marketing of those Recyclable Materials, and the disposal of all Commercial Recyclable 299 MaterialsProcessing Residue: 300 1.34 :Compactor..,',qCompactor" means any Collection Container which has a compaction 301 mechanism, whether stationary or mobile. 302 1.35 Compost. "Compost" means the act or product of the controlled biological decomposition 303 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 304 include the product of anaerobic digestion or other conversion technologies. 305 1.36 Construction and Demolition Debris. "Construction and Demolition Debris" means 306 discarded materials removed from premises, resulting from construction, renovation, remodeling, repair, 307 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or DRAFT AGREEMENT.V1 Page 9 of 128 RSV #4862-7000-7618 v1 DRAFT 5/2/2023 308 from landscaping. Such materials include but are not limited to "inert wastes" as defined in Public Resources 309 Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, 310 gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants 311 of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, 312 packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations 313 on pavements, houses, commercial buildings, and other structures. 314 1.37 Consumer Price Index (CPI). "Consumer Price Index" means the index sets published by 315 the Unites States Department of Labor, Bureau of Labor Statistics. Consumer Price Index series 316 CUSROOOOSEHG02, Garbage and trash collection in U.S. city average, all urban consumers, seasonally 317 adjusted. 318 1.38 Container. "Container" means a Collection Container 319 1.39 Contaminant. "Contaminant" means any material or substance placed into or found in a 320 Collection Container other than the type of Source Separated material for which that Collection Container is 321 intended or reserved. For example, anything that is not Recyclable Materials is a Contaminant if placed into 322 or found in a Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a 323 Contaminant if placed into or found in an Organic Waste Collection Container. 324 1.40 Contractor. "Contractor' me*k Valley Vista Services,::; Inc., which has entered into this 325 Agreement. 326 1.41 County "CoWt Los Angeles County, California. 327 1.42 Customer,*Customer" means the owner, occupant or user of premises at which MSW or 328 recyclable materials are generated and then collected by Contractor. Customers include Residential 329 Customers, Multifamily Customers, and ComYriefcial'Customers. City is also a receiver of Collection Services 330 but not a Customer:. 331 1.43 Disoose or Disposal °, sposal" or "Dispose" means the final disposition of Solid Waste at 332 a permitters Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources 333 Code 461W(b). 334 1.44 Disposal Facility. 'Disposal Facility" means the place or places listed in Exhibit 9 as 335 City -approved locations for the Disposal of Garbage or other materials as appropriate and acceptable. 336 1.45 Diversion or Divert. "Diversion' or "Divert" means the programs and activities that reduce 337 or eliminate the Disposal of Solid Waste in landfills, which can include source reduction, reuse, salvage, 338 Recycling, and Composting. 339 1.46 Diversion Compliance. "Diversion Compliance' means Compliance with Diversion 340 requirements under the Act and applicable CalRecycle regulations. Should there be a Change in Law for 341 Diversion Compliance, Contractor may request a rate adjustment pursuant to Section 30.01.1. DRAFT AGREEMENT.V1 Page 10 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 342 1.47 Dwelling Unit. "Dwelling Unit" means a building or part of a building designed for residential 343 use by a single independent housekeeping unit and having separate exterior access, toilet, and facilities for 344 cooking and sleeping. 345 1.48 Edible Food. "Edible Food" has the same meaning as found in Section 8.32.020 of the 346 Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement, 347 Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or 348 authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food 349 Code. 350 1.49 Edible Food Recovery. 'Edible Food Recovery' means,.actions to collect and distribute 351 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 352 to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 353 facilities. 354 1.50 Effective Date. "Effective Date of Agreg rfW shall mean Oe date on whiclYtpe Agreement 355 is signed by the duly authorized representatives and the parties and delivered by the last of the parties to sign 356 and deliver. 357 1.51 Electronic Waste (E-Wastel:E-Waste' means electronic equipment such as stereos, 358 televisions, computers, and other similar items collected from SFD Service Units. 359 1.52 Exempt Waste. "Exempt Wast„ ear ,"L, ciu te" as defined in Section 8.32.020 360 of the Municipal Code and Biohazardous or BiomedicalWaste, Hazardous Waste, Sludge, automobiles, 361 automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead -acid batteries, dead 362 animals, and those wastes under the control of the Nuclear Regulatory Commission. 363 1.53 Food Waste Wo_ - (1) food scraps including all edible or inedible food such 364 as, but not limited to, fruits vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, 365 cheese, coffee grounds, and eggshells.. Food Scraps excludes fats, oils, and grease when such materials are 366 Source Separated from other Food Scraps; and (2) food -soiled paper, which is compostable paper material 367 that has come in contact with`food or liquid, such as, but not limited to, compostable paper plates, paper 368 coffee cups'; napkins, and pizza boxes. 369 1.54 '"'i Reserved. 370 1.55 Franchise Fee. 'Franchise Fee" means the fee stated in Section 4.03.1 of this Agreement 371 that Contractor has voluntarily agreed to pay in consideration of the exclusive rights granted by the City under 372 this Agreement. 373 1.56 Garbage. "Garbage' means all putrescible and non-putrescible solid, semi-solid and 374 associated liquid waste generated or accumulated through the normal activities of a premises. Garbage does 375 not include Recyclable Materials, Organic Waste, or Bulky Waste, that is source -separated and set out for 376 purposes of collection and recycling. DRAFT AGREEMENT.V1 Page 11 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 377 1.57 Green Waste. "Green Waste" means grass clippings, leaves, landscape and prunings 378 waste, wood materials from trees and shrubs, and other forms of organic materials generated from 379 landscapes or gardens. 380 1.58 Gross Revenue. "Gross Revenue" means all monetary amounts actually collected or 381 received by Contractor for the provision of Integrated Solid Waste Handling Services pursuant to this 382 Agreement, including but not necessarily limited to: all receipts from Service Recipients, inclusive of late 383 charges, contamination charges, Franchise Fees or any other cost of doing business. "Gross Revenue", for 384 purposes of this Agreement, does not include any fee or charge levied by the City directly on Service 385 Recipients to mitigate costs incurred by City which is billed, collected and remitted to City by Contractor, or 386 revenues generated from the sale of Recyclable Material, Compost or energy, grants, cash awards, State of 387 California Department of Conservation payments, or rebates resulting from the performance of this 388 Agreement. 389 1.59 Hazardous Waste. "Hazardous Waste" jil"e same meaning as set -forth in Section 390 8.32.020 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of 391 Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as 392 may be amended from time to time. 393 1.60 Holiday. "Holiday" means lay, Presidpay, Memorial Day, Independence 394 Day, Labor Day, Veterans Day, Thanksgiving'�Day, Christmas Day, and any other day recognized by 395 resolution of the City Council as a day on which waste Collection Servrnce will not be provided until the following 396 day, excluding Sunday. 397 1.61 Home Compost Bin. 44e Compo t3in" means a portable durable container purchased 398 by the Contractor, and distributed to SFD: or MFD/MXD'Service Recipients as requested, and stored and 399 distributed by the Contractor to SFD or MFD/MXD Service Recipients for use by those Service Recipients to 400 compost Organic Waste at theirpremises. 401 1.62 Household Hazardous Waste. 'Household Hazardous Waste" means that waste resulting 402 from products purchased bythegeneraipublicfor household use which, because of its quantity, concentration 403 or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human 404 health or the environment when improperly treated, disposed or otherwise managed, or, in combination with 405 other Solid Wase; may be infectious, explosive, poisonous, caustic, toxic, or exhibit any of the characteristics 406 of ignitability, corrosi tjty, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, 407 Chapter 11, Section 66261.3: 408 1.63 Integrated Solid Waste Handling Services. "Integrated Solid Waste Handling Services" 409 means the collection of Garbage, Recyclable Materials, and Organic Waste within the corporate limits of City; 410 the transportation of such material to appropriate places for processing, recycling, composting and/or 411 disposal; and the processing of materials. DRAFT AGREEMENT.V1 Page 12 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 412 1.64 Kitchen Food Waste Pail. "Kitchen Food Waste Pail" means a plastic receptacle with a 413 rated capacity not exceeding two and one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD 414 Service Unit for temporary storage of SFD Organic Waste that is approved for such purpose by City. 415 1.65 Manure. "Manure" means stable bedding and other waste matter normally accumulated 416 and associated with stables or in livestock. 417 1.66 Materials Recovery Facility. "Materials Recovery Facility (MRF)" means a facility listed in 418 Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for 419 separation into marketable Recyclable Materials. 420 1.67 Maximum Service Rate. "Maximum Service Rates A: an§-, the maximum amount that 421 Contractor may charge Service Recipients for Integrated Solid Waste Handling Services, as listed in Exhibit 422 1, and as may be adjusted in accordance with the provisions of this Agreement. 423 1.68 Mixed Waste Processing Facility. "MjtiNaste Processing Facility" f4eans a State - 424 permitted commercial Solid Waste facility listed in Exhibit 9 which accepts and processes Unicycling for 425 diversion from landfill disposal. The City reserves its Flow Control Rights over the Mixed Waste Processing 426 Facility. 427 1.69 Multi -Family Dwelling (MFD)', Election -Service "Multi. -Family Dwelling (MFD) Collection gag 428 Service" means MFD Solid Waste Collection Service serves a MuttWamily Dwelling, and specifically includes 429 the following, MFD Garbage Collection Service, MFD Bulky Waste Collection Service, MFD Organic Waste 430 Collection Service, and MFD Recycdl ng Service: 431 A. MFD Garbage Collection Service. 'MFD Garbage Collection Service" means the 432 Collection of Garbage,. by Contractor, from MFD Service Units in the Service Area and the delivery of that 433 Garbage to a Disposal Facility, 434 S. MFD Bulky Waste Collection Service. "MFD Bulky Waste Collection Service" 435 means the periodic on-call Collection of Bulky Waste , by Contractor, from MFD Service Units in the Service 436 Area and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or such other 437 facility as may be appropriate under the terms of this Agreement. MFD Bulky Waste Collection Service may 438 include the,Collection of Bulky kyaste using Roll -Off Containers. 439 C. MFD.Oroanic Waste Collection Service. 'MFD Organic Waste Collection Service" 440 means the Collection.of Organic Waste, by Contractor, from MFD Service Units in the Service Area, the 441 delivery of those Organic Waste materials to an Organic Waste Processing Facility and the processing and 442 marketing of those Organic Waste materials, and the disposal of all MFD Organic Waste Processing 443 Residue. 444 D. MFD Recycling Service. 'MFD Recycling Service" means the Collection of 445 Recyclables Materials by the Contractor from MFD Service Units in the Service Area, the delivery of those 446 Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable 447 Materials, and the disposal of all MFD Recyclables Materials Processing Residue. DRAFT AGREEMENTNI Page 13 of 128 Rw #466240004618 v1 DRAFT 5/2/2023 412 1.64 Kitchen Food Waste Pail. "Kitchen Food Waste Pail" means a plastic receptacle with a 413 rated capacity not exceeding two and one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD 414 Service Unit for temporary storage of SFD Organic Waste that is approved for such purpose by City. 415 1.65 Manure. "Manure" means stable bedding and other waste matter normally accumulated 416 and associated with stables or in livestock. 417 1.66 Materials Recovery Facility. 'Materials Recovery Facility (MRF)" means a facility listed in 418 Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for 419 separation into marketable Recyclable Materials. 420 1.67 Maximum Service Rate. 'Maximum Service Rate§"w,Wilans j1he maximum amount that 421 Contractor may charge Service Recipients for Integrated Solid Waste Handling Services, as listed in Exhibit 422 1, and as may be adjusted in accordance with the provisions of this Agreement. - 423 1.68 Mixed Waste Processing Facility "M Waste Processing Facility" Means a State - 424 permitted commercial Solid Waste facility listed in Exhibit 9 which accepts and processes Unicycling for 425 diversion from landfill disposal. The City reserves its Flow Control Rights over the Mixed Waste Processing 426 Facility. 427 1.69 Multi -Family Dwelling (MFD) Collection Service "Multi -Family Dwelling (MFD) Collection 428 Service" means MFD Solid Waste Collection Service serves a MuftWamily Dwelling, and specifically includes 429 the following, MFD Garbage Collection Service, MFD Bulky Waste Collection Service, MFD Organic Waste 430 Collection Service, and MFD Recycling, Service: 431 A. MFD Garbage Collection Service. 'MFD Garbage Collection Service" means the 432 Collection of Garbage,. by Contractor, from MFD Service Units in the Service Area and the delivery of that 433 Garbage to a Disposal Facility. 434 B. MFD Bulky Waste Collection Service "MFD Bulky Waste Collection Service' 435 means the,,penodic on-call Collection of Bulky Waste , by Contractor, from MFD Service Units in the Service 436 Area and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or such other 437 facility as may be appropriateunder the terms of this Agreement. MFD Bulky Waste Collection Service may 438 include the Collection of Bulky Waste using Roll -Off Containers. 439 C. MFDAraanic Waste Collection Service 'MFD Organic Waste Collection Service" 440 means the Collection, of Organic Waste, by Contractor, from MFD Service Units in the Service Area, the 441 delivery of those Orgenic,Waste materials to an Organic Waste Processing Facility and the processing and 442 marketing of those Organic Waste materials, and the disposal of all MFD Organic Waste Processing 443 Residue. 444 D. MFD Recycling Service. 'MFD Recycling Service" means the Collection of 445 Recyclables Materials by the Contractor from MFD Service Units in the Service Area, the delivery of those 446 Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable 447 Materials, and the disposal of all MFD Recyclables Materials Processing Residue. DRAFT AGREEMENT.V1 Page 13 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 448 1.70 Municipal Code. "Municipal Code" means the City of Rosemead Municipal Code. 449 1.71 Non -Collection Notice. 'Non -Collection Notice" means a written notice approved by the 450 Agreement Administrator that notifies a Service Recipient of the reason Contractor did not Collect Solid Waste 451 set out for Collection. 452 1.72 Organic Waste. "Organic Waste" has the same meaning as set forth in Section 8.32.020 453 of the Municipal Code and means Food Waste, Green Waste, Wood Waste, and food -soiled paper waste that 454 is mixed in with Food Waste. 455 1.73 Organic Waste Collection Service. "Organic Waste, W ion Service" means the 456 Collection of Organic Waste from Service Units and processing at an Organic Waste Processing Facility, and 457 the disposal of all Organic Waste Processing Residue. 458 1.74 Organic Waste Processing Facility. "Organ oWste Processing FaciflYffilans any facility 459 designed, operated and legally permitted for the purpose of receiving and processing Food Waste, Green 460 Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility 461 for the Contractor to deliver Collected Organic Waste material under this Agreement. 462 1.75 Overage. "Overage" means Solid Waste set out for Collection either on top of or outside of 463 a Container or in any manner that prevents the Container lid from completely closing or potentially cause 464 Solid Waste to spill during Collection by Contra * vehicf 465 1.76 Premises. "p eansarilt _ r building in the City where waste is generated or 466 accumulated. 467 1.77 Prohibited Container Contaminants. Ifthibited Container Contaminants" means any of 468 the following but does not include Organic Waste specifically allowed for Collection in a Container that is 469 required to be transported to a high diversion organic waste processing facility if the waste is specifically 470 identified as acceptable for Collection in that Container in a manner that complies with the requirements of 471 14 CCR Section 18984.1, .18984.2, or 18984.3. (A) Non -Organic Waste placed in a Collection Container 472 designated, for Organic Waste provided pursuantto 14 CCR Section 18984.1 or 18984.2; (B) Organic Wastes 473 that are, carpet, hazardous wood waste, or non-compostable paper placed in the Collection Container that is 474 part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 or 18984.2; (C) 475 Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to 14 CCR Section 476 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container designated for Organic 477 Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection Container designated for 478 Recyclable Materials shall be considered Prohibited Container Contaminants when those wastes were 479 specifically identified in this Agreement, or through local ordinance for Collection in the Container designated 480 for Organic Waste, or mutually agreed to and promulgated by the City and Contractor. Paper products, 481 printing and writing paper, wood and dry lumber may be considered acceptable and not considered Prohibited 482 Container Contaminants if they are placed in Collection Container designated for Recyclable Materials; and 483 (E) Exempt Waste placed in any Collection Container. DRAFT AGREEMENT.V1 Page 14 of 128 RN #4862-7000-7618 v1 DRAFT 5/2/2023 484 1.78 Quarter. "Quarter" means a three-month period during a calendar year. The first Quarter is 485 January through March. The second Quarter is April through June. The third Quarter is July through 486 September. The fourth Quarter is October through December. 487 1.79 Rate Year. "Rate Year" means the period July 1" to June 30th, for each year during the 488 Term of this Agreement, except the first year which begins on August 1, 2023. 489 1.80 Recyclable Materials. "Recyclable Materials" means those materials that are separated 490 from Solid Waste prior to disposal to be recycled consistent with the requirements of the Act. Recyclable 491 Materials that can be placed in the Recycling Container are listed in Exhibit 12, and any other items as 492 determined by the Agreement Administrator. 493 1.81 Recycling. 'Recycling' means the process of colo9 ttg, sorting 'c*psing, treating and/or 494 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 495 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality 496 standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste 497 not intended for, or capable of, reuse isnot Recycling.'Re° does ;iftndudetransformation as defined 498 in Public Resource Code Section 40201. 499 1.82 Residential Collection Service. dential Coll Service" means ongoing regularly 500 scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD 501 Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics 502 Processing Facility. 503 1.83 Residential Premises. 'Mesidentiremises° means: (i) any building or structure, or 504 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and 505 (ii) any multiple unit residential complex which,. with the prior written approval of the City Manager, receives 506 Integrated Solid Waste Handling Services using standard residential Containers. 507 1.84 Residual or Residuals. 'Residual' or 'Residuals' means Solid Waste that is not Diverted 508 from landfill Disposal after 4 has been delivered to an Organic Waste Processing Facility or a Recyclables 509 Processing. Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable 510 Materials of ;Organic Material that is processed for Diversion but lacks an available market. 511 1.85 Roll -Off Container. "Roll -Off Container" means a metal container with a capacity of ten (10) 512 or more cubic yardsihat is normally loaded onto a specialized Collection vehicle and transported to an 513 appropriate facility. 514 1.86 SB 1383. "SB 1383" means State of California Senate Bill 1383 Short-lived Climate 515 Pollutants: Organic Waste Reductions, approved September 19, 2016. 516 1.87 Self -Haul. "Self -Haul" means collection of Solid Waste by the resident, owner, or occupant 517 of the Premises on which the Solid Waste was generated pursuant to a City -issued permit and in accordance 518 with the requirements of the Municipal Code. DRAFT AGREEMENT.V1 Page 15 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 519 1.88 Service Area. "Service Area" means that area within the city limits of the City of Rosemead 520 designated by City as the Service Area. 521 1.89 Service Recipient. "Service Recipient' means an individual or entity receiving Collection 522 Service. 523 1.90 Service Unit. "Service Unit" means a single subscriber to Contractor's Integrated Solid 524 Waste Handling Services. SFD Service Units, MFD Service Units, MXD Service Units, City Service Units or 525 Commercial Service Units. Service Unit specifically includes the following: 526 A. City Service Unit. "City Service Unit' means a City Facility(ies) that utilize a Bin, 527 Cart, or Roll -Off Container(s) for the accumulation and set -out of Solid Waste. City Service Units are the 528 properties set forth in Exhibit 3 and may be modified by written notice to Contractor by the City. 529 B. Commercial Service Unit. "Commercial6S9Nice Unit" means till retail, 530 professional, wholesale and industrial facilities, and other commercial enterprises offering goods or 531 services to the public that utilize a Garbage Bin, Cart, Compactor, Roll -Off Container for the 532 accumulation and set -out of Commercial Solid Waste. 533 C. Multi -Family Dwelling and MFD Service:Unit. `Multi -Family Dwelling" and "MFD" 534 shall mean any building or structure including but not limited to Mobile Home Parks, or portion thereof, 535 used for residential purposes having five (5j,or greater distinct living units. 536 D. MXD (Mixed-use Deveiot)ment) Service Unit. "MXD (Mixed-use Development) 537 Service Unit" means a mix of Commercial Service Units and five (6) or greater Dwelling Units in the 538 Service Area utilizing any combindbortof Collection Containers for the accumulation of and set out of 539 Solid Waste. 540 E. SFD Service Unit.'$FD Servitil"nit" means any Single -Family Dwelling Unit in 541 the Service Area utilizing a Cart for the accumulation and set out of Solid Waste originating from SFD 542 Residential Premises. 543 1.91 SFD Collection Service. "SFD Collection Service" means SFD Garbage Collection Service, 544 SFD Recycling Service, SFD:Organic Waste Collection Service, and SFD Bulky Waste Collection Service. 545 A. SFD Garbage Collection Service. "SFD Garbage Collection Service" means the 546 Collection of Garbage, by Contractor, from SFD Service Units in the Service Area and the delivery of that 547 Garbage to a Disposal Facility: 548 B. SFD Bulky Waste Collection Service. "SFD Bulky Waste Collection Service" means 549 the periodic on-call Collection of Bulky Waste , by Contractor, from SFD Service Units in the Service Area 550 and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or other such 551 facility as may be appropriate under the terms of this Agreement. SFD Bulky Waste Collection Service 552 does not include the Collection of Bulky Waste using Roll -Off Containers. 553 C. SFD Orcanic Waste Collection Service. "SFD Organic Waste Collection Services' 554 means the Collection of Organic Waste, by Contractor, for SFD Service Units in the Service Area, the 555 delivery of those Organic Waste Materials to an Organic Waste Processing Facility and the processing DRAFT AGREEMENT.V1 Page 16 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 556 and marketing of those Organic Waste materials, and the disposal of all SFD Organic Waste Processing 557 Residual. 558 D. SFD Recycling Service. "SFD Recycling Service" means the Collection of 559 Recyclable Materials, including dry cell household batteries when set out by the Service Recipient in heavy 560 duty plastic bags and placed on the Recycling Cart, by the Contractor from SFD Service Units in the 561 Service Area, the delivery of those Recyclable Materials to a Materials Recovery Facility and the 562 processing and marketing of those Recyclable Materials. 563 1.92 Single-family Dwelling or SFD. "Single-family/duplex dyn"_g" or "SFD" means any 564 residential premises with fewer than five (5) units single attached dwelling units, each designed for use by 565 one bona fide housekeeping group. 566 1.93 Sludge. "Sludge" means the accumulated solids, residues, and precipitates generated as 567 a result of waste treatment or processing, including wastewater treatment, water supply treatment, or 568 operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease 569 traps, privies, or similar disposal appurtenances or any other such waste having similar characteristics or 570 effects. 571 1.94 Solid Waste. "Solid Waste' all putrescibi4�ftnon-putrescible solid, semisolid, and 572 liquid wastes, including garbage, trash, refuse paper, rubbish, ashes, industrial wastes, demolition and 573 construction wastes, abandoned vehicles and parts thereof; discarded home and industrial appliances, 574 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or 575 animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California 576 Public Resources Code Sectio, n40191(a)(b), as amended from time to time. Solid Waste includes Recyclable 577 Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant to the Health 578 and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety 579 Code Section 117600 et seq. 580 1.95 ' Source: Separated. "Source Separated" means materials that have been kept separate in 581 the Solid Waste stream, of the.point of generation, for the purpose of additional sorting or processing in order 582 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted 583 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 584 in 14 CCR Section 17402.5(b)(4)., 585 1.96 SRRE (Source Reduction and Recycling Element). "SRRE" means a formal planning 586 document that demonstrates how the City will comply with the Acts diversion goals. 587 1.97 Term. "Term" means the time period or duration which the Agreement is in effect. 588 1.98 Transfer Station. "Transfer Station" means the place or places listed in Exhibit 9 as City - 589 approved locations conveyance of Solid Waste Collected by Contractor into larger vehicles prior to 590 transportation of the Solid Waste to a Disposal Facility or Processing Facility. DRAFT AGREEMENT.V1 Page 17 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 591 1.99 Unicyclino. "Unicyding" means a method of separating trash and recyclable materials in a 592 single Collection Container. Trash materials are collected in bags and deposited into the Collection Container 593 and recyclable materials are deposited into the Collection Container loose and unbagged. 594 1.100 Universal Waste or U -Waste. "U -Waste" means electronic devices, dry -cell batteries, non - 595 empty aerosol cans, fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury 596 containing equipment. 597 1.101 Waste. "Waste" means the useless, unused, unwanted or di%@rded material and debris 598 resulting from normal residential and commercial activity or materialswhich, by their presence, may injuriously 599 affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof. 600 1.102 Waste Generator. "Waste generator" means anypefton, as daikW by the most current 601 version of the Public Resources Code, whose act or process produces solid waste as defined in that same 602 code, or whose act first causes solid waste to become subject to regulation. 603 1.103 Waste Reporting System (WRS). "Wa Feporting:stem" means the electronic data 604 recording and reporting system that Contractor uses to provide data and reports that this Agreement requires 605 Contractor to give to the City. 606 1.104 White goods. "White goodse el -coated major appliances, such as washing 607 machines, clothes dryers, hot water heaters, stoves, and refrigerators. 608 1.105 Work Day " -means any day; Monday through Saturday, that is not a Holiday as 609 set forth in Section 5.03 of this Agreement:;. 610 1.106 Wood Waste. "Woody means S77 Waste consisting of stumps, large branches, tree 611 trunks, and wood pieces or particles that are'yenerated from the manufacturing or production of wood 612 products, harvesting,; processing or storage of raw wood materials, or construction and demolition activities. 613 Article 2. Term of Agreement 614 2,01 Term of Agreement. The term of this Agreement will be fora ten (10) year period beginning 615 August 1, 2023 and terminating'gn June 30, 2033. Contractor shall commence performance of its Collection 616 Service obligations ;under this Agreement on August 1, 2023 ("Commencement Date"). DRAFT AGREEMENT.V1 Page 18 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 617 Article 3. Conditions Governing Services Provided by Contractor 618 3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 619 conditions set forth herein including the limitations set forth in sections 3.02 and 3.03, the exclusive franchise, 620 right and privilege to collect, remove and dispose of, in a lawful manner, Solid Waste, Recyclable Materials, 621 and Organic Materials accumulating in the City's Service Area that are required to be accumulated and offered 622 for collection to the Contractor in accordance with the City's Municipal Code, for the Term of and within the 623 scope set forth in this Agreement. 624 3.02 Recyclable Materials Organic Waste. and Bulky Waste Discarded by Service Recipients. 625 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving 626 Recyclable Materials or Organic Waste away to persons or entities otherthan Contractor. However, in either 627 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with 628 other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for collecting, 629 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price 630 for collection, disposal and/or recycling services for any form of un -segregated or segregated Solid Waste is 631 not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify for 632 this exception. However, once the Recyclable Materials or Organic Waste have been placed in the Collection 633 Container and the Container set out for Collectign, the Recyclable Materials or Organic waste become the 634 property of Contractor. 635 3.03 Exclusions to Exclusivity. 636 3.03.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to Collect and 637 process fordiversion specialized' matenals including, but not limited to, Organic Waste, metals, Construction 638 and Demolition Debris,laboratory waste, pallets and others, and which a third party is able to re -use or 639 Recycle, Service Recipients shall have the right to engage the third -party recycler to collect and Recycle 640 those Source -Separated Recyclable Materials provided that the diversion is verified by the City. 641 3.012 Recyclable. Materials Sold By Commercial Generator. If the Waste Generator at a 642 Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell 643 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to the 644 Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 645 3.03.3 Byproducts of Food and Beverage Processing. Under AS 3036 (2018), certain 646 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 647 do not include animal, including fish, processing byproducts, they are Source -Separated, they are not 648 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or 649 reduction in price for collecting, processing, or transporting such material), and they are used as animal feed, 650 are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to the 651 City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code, or 652 be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer 653 manufacturer as defined in Section 23012 of the Business and Professions Code, or a distilled spirits 654 manufacturer, as defined in Section 23015 of the Business and Professions Code. DRAFTAGREEMENT.V1 Page 19 of 128 RIV #4862-7000-7616 v1 DRAFT 5/2/2023 655 3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Bulky Waste which 656 is Source Separated at any premises by the waste generator and donated to youth, civic or charitable 657 organizations qualified as such pursuant to Federal law. 658 3.03.5 Gardening or Landscape Services. Green Waste removed from a premises by a 659 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 660 company rather than as a hauling service. 661 3.03.6 Self -haul. Service Recipients may choose to self -haul Solid Waste to Disposal or 662 Processing Facilities, to the extent authorized by the Municipal Code.. 663 3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 664 and collection of payments for Integrated Solid Waste Handling Services within the Service Area. 665 Article 4. Franchise Fees and Payments 666 4.01 Contractors Payments to City. The Parties agree that all fees and any payments owed by 667 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid 668 consideration for the rights and privileges granted to Contractor ander this Agreement. 669 4.02 Reimbursement for the Cost 'of-:Procurement/Neaotiation Process. Contractor shall 670 reimburse the City acne -time fee for the cost of the Franchi11 se Agreement solicitation, evaluation, negotiation 671 and award process in an amount of Two Hundred Five Thousand dollars and no cents ($205,000.00) due 672 and payable on the thirty (30) day after the Effective -Date, of the Agreement. 673 4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and 674 payable on the last day of the month following the end of each Quarter for which the Integrated Solid Waste 675 Handling Services were provided; first such payroentbeing due on October 31, 2023. The City Council may 676 adjust the Quarterly Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as a 677 City -directed change in accordance with Section 30.01. The Quarterly Fees shall be accompanied at the time 678 of paymentby a written report, in a format acceptable to the City, setting forth the calculations Contractor 679 used to determine the amount due and the basis for those calculations. Figures used in the report shall be 680 taken fro ractors genera woks of account, and Contractor shall retain all supporting documentation 681 in accordanceivith the records retention requirements in Section 22.01. 682 4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to ten 683 percent (10%) of the Gross Revenue received by the Contractor from Integrated Solid Waste Handling 684 Services provided in the City pursuant to this Agreement. The amount of the Franchise Fee may be adjusted 685 by mutual agreement of the City and Contractor through a written amendment to this Agreement. In the 686 event that the City and Contractor agree to an adjustment to the amount of the Franchise Fee during the 687 term of this Agreement, Contractor may, in its sole discretion, include an amount equal to the adjustment in 688 compensation via payment of Maximum Service Rates by Service Recipients as set forth in Article 6 and 689 Exhibit 1. DRAFT AGREEMENT.V1 Page 20 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 690 4.04 Annual Fees and Payments. On each anniversary of the Commencement Date, each of 691 the annual fees and payments shall increase by the same percentage that the Maximum Service Rate 692 increases for that same Calendar Year. 693 4.04.1 SB 1383 Fees and Payments. The SB 1383 annual fees and payments of Two 694 Hundred Sixty Five Thousand Dollars ($265,000) shall be due and payable on August 1 of each calendar 695 year; the first such payments being due on August 1, 2023. City reserves the right to adjust this fee from 696 time to time. 697 4.04.2 Mitigation Fees and Payments. The City hereby reserves the right to adopt and levy 698 a fee to mitigate any unreimbursed cost of administering the Agreement;:.. or costs incurred by City to 699 ameliorate impacts from Integrated Solid Waste Handling Services on the City, whether from negative 700 impacts to aesthetics, noise, pollution, contamination or other reasonable and necessary costs incurred by 701 City related to Integrated Solid Waste Handling Services. In the event a mitigation fee is adopted by City in 702 compliance with California Constitution Article XIII D (Proposition 218) or other Applicable Law, then 703 Contractor shall include such fee in its monthly billing beginning in July or such other date as agreed upon 704 by the Parties, and Contractor shall collect such fee and remit the amount to City monthly thereafter. City 705 reserves the right to adjust this fee from time to time. 706 4.05 Time and Method of Payment Contractor shall pay all amounts owed under this Article 707 without prior notice or demand and without abatejaent, deduction, offset or credit in lawful money of the United 708 States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in which 709 case the due date shall be the next Business Day If sent by U.S. mail, the remittance must be post -marked 710 on or before the due date. If hand -delivered, Contractor must request and receive a date-stamped receipt 711 from the City by 5:00 p.m on the due date,:; 712 4.06 Late Payments. In the event µContractor fails to pay the City any amounts owed under this 713 Article on or before the applicahle;due date, than in addition to the amounts already owed, Contractor shall 714 pay a penalty as specified in Exhibit 6, except to the extent that such lateness is due to extenuating 715 circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5) 716 Business Days prior to the date on which fees are due, and the request must be accompanied by a written 717 explanation of the extenuating circumstances and adequate supporting documentation. The City shall not 718 unreasonably withhold its approval and shall notify Contractor within three (3) business days of receiving the 719 request whether and to what extent the request has been approved. 720 4 06.1Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or 721 assessed upon or in respect of the operating assets or the Integrated Solid Waste Handling Services, or 722 upon any part thereof of upon any revenues necessary for the operation of the operating assets and the 723 provision of the Integrated Solid Waste Handling Services, when the same shall become due. 724 4.06.2 Franchise Fee Disoutes. In the event of any disputes between the Contractor and 725 the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written 726 objection within 180 days of the receipt of the written report described in Section 4.03, encompassing the 727 dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of the DRAFT AGREEMENT.V1 Page 21 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 728 report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any such 729 dispute. 730 4.07 In the event any City imposed fee is determined by a court to be excessive, invalid or 731 unenforceable (hereinafter 'CIF"), then: (i) Contractor shall not charge or collect the future portion of such 732 CIF; (it) to the extent the Customers are entitled to a reimbursement of any portion of such CIF, and City is 733 required to reimburse Contractor in the amount of such CIF previously remitted to City, thereafter, Contractor 734 shall directly reimburse all Customers entitled to reimbursement in the amount attributable to each Customer 735 account. In no event shall Contractor retain any portion of the fees reimbursed by City; (iii) to the extent the 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 Customers are entitled to a reimbursement of such CIF, and City is required by court to directly reimburse Customers, Contractor shall assist City in identifying all Customers entitled to a reimbursement, quantifying the reimbursement amount attributable to each Customer account, and obtaining and providing to City any other information needed to satisfy the obligations imposed by a court; and (iv) City and. Contractor will, within thirty (30) days following such court decision meet and confer to negotiate in good faith and using reasonable efforts to attempt to agree on modifications to the Agreement. Article 5. General Requirements 5.01 Service Standards. Contractor.must perform all Integrated Solid Waste Handling Services under this Agreement in a thorough and profes,3!onal manner as described in Article 25, while meeting the minimum performance and diversion standards listed in Article 17 according to the Sustainability and Compliance Plan (Exhibit 10) developed by the Contractor and approved by the City. 5.02 Labor and Equipment Contractor must provide and maintain all labor, equipment, tools, facilities, and personnel supervision required for the performance of Contractors obligations under this Agreement. Contractormust always have sufficient backup equipment and labor to fulfill Contractor's obligations under this Agreement. No cofmpertsayofl for Contractor's services or for Contractors supply of labor, equipment, tools, facilities or supervision wi(fbe provided or paid to Contractor by City or by any Service Recipient except as expressly provided by this Agreement. 5.03 Holidav Service. The City observes New Years Day, President's Day, Memorial Day, Day, Labor C of required to 756 the designated hglic 757 Services for the poli 758 week with normally 759 Collection Services In ay, Veterans Day, Thanksgiving Day, and Christmas Day as legal holidays. provide Integrated Solid Waste Handling Services or maintain office hours on my week in which one of these holidays falls on a Work Day, SFD Collection each Work Day thereafterwill be delayed one Work Day for the remainder of the id Friday SFD Collection Services being performed on Saturday. Commercial adjusted as set forth in Article 12 but must meet the minimum frequency 760 requirements of one (1) time per week. Integrated Solid Waste Handling Services will not take place on 761 Sundays, unless previously authorized by the Agreement Administrator. 762 5.04 Inspections. The City has the right to inspect Contractor's facilities or Collection Vehicles 763 and their contents used to provide services pursuant to this Agreement at any reasonable time while operating 764 inside or outside the City without advance notice to the Contractor. DRAFT AGREEMENT.V1 Page 22 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 765 5.05 Commingling of Materials. 766 5.05.1 SFD Materials Collected in Rosemead. Contractor may not at any time commingle 767 any SFD materials Collected pursuant to this Agreement with any other material Collected by Contractor 768 inside or outside the City of Rosemead without the express prior written authorization of the Agreement 769 Administrator. 770 5.05.2 Commercial Garbage Materials Collected in Rosemead. Contractor may commingle 771 Commercial garbage materials collected pursuant to this Agreement with other materials collected outside 772 the City of Rosemead, provided that Contractor tracks the tonnage of Commercial material collected inside 773 the City of Rosemead separately using a City -approved allocation methodology.. Changes to the allocation 774 methodology may only be made with the express prior written authorization of the Agreement Administrator. 775 5.05.3 Recyclable Materials. Subject to Sections 10.08.2 and 12.04.4, Contractor may not 776 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with 777 any other material type Collected by Contractor without the express prior written authorization of the 778 Agreement Administrator. 779 5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at any 780 time commingle SFD or Commercial Organig Waste Collected pursuant to this Agreement with any other 781 material type Collected by Contractor, withotit'=`the express prior written: authorization of the Agreement 782 Administrator. 783 5.05.5 Commindled.'.Garbage and Recvclables. Only in special circumstances in which 784 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 785 authorization of the Agreement Administrator, Contractor may Collect Commercial Garbage and Recyclable 786 Materials in the same Collection Container, using a Split -bin or Unicycling, for the purposes of processing 787 Recyclable Materials for diversion. 788 5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service 789 Recipients the correct combination of Part and Bin sizes and collection frequency beyond the minimum 790 bundled service requirements as necessary, that matches their unique service needs to reduce contamination 791 of Recyclable;Materials and Organic Waste, and provide service at least cost to Service Recipient. To support 792 City's diversion goals and Contractor's Diversion Requirements as set forth in Section 8.02, Contractor is only 793 required to collect and process Recyclable Materials if they have been separated by the Service Recipient 794 from Garbage and Org6nicWaste and will only be required to collect Organic Waste if it has been Source 795 Separated by the Service Recipient from Garbage and Recyclable Materials. 796 As part of Contractor's Public Education Services under Section 20.02, Contractor has agreed to provide 797 outreach and support to Service Recipients as described in the Contractor's Sustainability and Compliance 798 Plan provided as Exhibit 10 and Outreach and Education Plan provided as Exhibit 11. Additionally, 799 Contractor's route collection personnel will report to Contractors supervisors if they observe potential 800 contamination problems, and/or insufficient collection capacity. For purposes of detennining if Recyclable 801 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable 802 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, by DRAFT AGREEMENT.V1 Page 23 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 803 visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or Recyclable 804 Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated and 805 Contractor may take the following steps: 806 5.07 Violations by Service Recipients. The following provisions will apply to all Commercial, 807 MFD, MXD, and SFD Service Recipients. 808 5.07.1 First and Second Occurrence. For the first and second occurrence within any rolling 809 12 -month period of contamination for a particular container (i.e., Recyclable Materials or Organic Waste), 810 Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination 811 Violation Notice to the contaminated container which contains instructions on the proper procedures for 812 sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, 813 e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of excess 814 contamination, the Service Recipient may be charged a contamination fee for the contaminated container, 815 and Contractor may increase the Collection Container size, or require an additional Collection Container. 816 Contractor's representative must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person 817 (which may be a container tag) to ensure that they have the appropriate level of service for proper collection 818 of Recyclable Materials and/or Organic Waste. Contractor must also document the contamination issue in 819 the Waste Reporting System provide digitaVyisual documentation to the Service Recipient that clearly 820 documents the Service Recipients on-going tgtaminatipn problems. 821 5.07.2 Third Occurrence. For the third or subsequent occurrence within any rolling 12- 822 month period of contamination fora: particular container (i.e., Recyclable Materials or Organic Waste), 823 Contractor must collect the contaminated Container (as Solid Waste) and must charge the Service Recipient 824 a contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable Materials or 825 Organic Waste Collection Services. Contractor must ;.provide (or have provided) digital/photographic 826 documentation to the Sftpeof documents the Service Recipients on-going 827 contamination problems and written Notices coritamination as described above. Contractor may increase 828 the Container size or collection frequency and impose a contamination surcharge on the account for a period 829 of six months or until the Service Recipient has demonstrated no contamination for a period of three 830 consecutive months. Contractor must document contamination issue and surcharge in Waste Reporting 831 System and notify City within five (5) Business Days if Contractor increases the Container size or collection 832 frequency for excessive contamination or imposes the contamination surcharge to the account. City will 833 consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against offending 834 Service Recipients to secure discontinuance of the contamination. 835 5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination 836 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if 837 contamination occurrences are not active and consecutive. Where contamination is occurring, and 838 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy 839 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three 840 consecutive months the tracking calendar will reset. DRAFT AGREEMENT.V1 Page 24 of 128 RIV #4862-7000-7618 vt DRAFT 5/2/2023 841 5.09 Disputes Over Excess Contamination Charges, If Service Recipient disputes a 842 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily halt 843 any contamination charge and/or increased Maximum Service Rate resulting from increasing the Collection 844 Container size, or collection frequency, and Contractor may request a ruling by the City Manager to resolve 845 the dispute. During the pendency of any request, Contractor may restore Container size or number, or 846 collection frequency to the prior levels. A request by Contractor to the City Manager to rule on any such 847 dispute must be fled within ten (10) Business Days of Contractor's halting of contamination charge, or 848 increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 849 overall problems. The City Manager may request a meeting (in person or phone) with both the Service 850 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the 851 dispute within ten (10) Business Days, and the City Manager's decision A bK„rQthe dispute between and 852 Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will credit 853 the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in favor 854 of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or 855 increased Maximum Service Rate resulting from increasing the Collection Container size or collection 856 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts. 857 5.10 Container Overage and Correction Procedures. If a Customer is found to habitually 858 overflow their Collection Container(s) i.e., lid Will; not close, and/or material not contained within Container 859 Contractor may take the steps as listed be Custome-going overflow of material. All 860 customers will be notified of Collection Overages. Contractorshall notify the City regarding Commercial, 861 MFD, and MXD customers that habitually overflow their Containers so that the City can take appropriate 862 action with such customers to secure discontinuance of the overages. 863 5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the 864 correct combination of Collection Containers Lnd collecrequency that matches each Service Recipient's 865 unique service needs to enable clean, efficient, -and cost-effective collection of Solid Waste, Recyclable 866 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in 867 the Service Recipient's Solid Waste Collection Containers negatively impacts public health and safety. 868 Contractor has also agreedto conduct recycling audits and provide outreach and supportto Service Recipient 869 accounts receiving the correct service level. However, I Service Recipients are found to habitually overflow 870 their Solid Waste Collection Containers, Contractor may take the steps as listed below to correct Service 871 Recipient's gping overflow of Solid Waste. 872 5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements 873 with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged, 874 and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in 875 Exhibit 1. 876 5.13 No Prior Arrangements. If the Service Recipient has not made prior arrangements with 877 Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at no 878 additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a Non - 879 Collection Notice explaining the reason for non -collection of the Solid Waste Overage, (iii) Contractor may 880 Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste Overage DRAFT AGREEMENT.V1 Page 25 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 881 fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or frequency 882 of Collection of the existing Collection Container(s) to match documented service needs as provided below. 883 In managing Solid Waste Overages, the following apply: 884 5.13.1 SFD Service Recipients — Each Occurrence. For each occurrence Contractor will 885 not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating 886 procedures or cause spillage upon servicing and Contractor must provide the following written notice via e- 887 mail, U.S. mail, or in person (which may be by Non -Collection Notice) to the Service Recipient: (i) the date, 888 description and photograph of the Solid Waste Overage and document in the Waste Reporting System. 889 Contractors Non -Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to 890 schedule a Bulky Waste Collection or (b) request an additional Collection Container to eliminate future 891 Overages. 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 911 912 913 914 915 916 917 918 919 920 5.13.2 Commercial and MFD/MXD Service Recipients — Each Occurrence. Contractor must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail, or in person (which may be by Non -Collection Notice) to the Service Recipient with the date, description and photograph of the Solid Waste Overage. Contractor may collect the Solid Waste Overage and may charge the Service Recipient a Solid Waste Overage fee as set forthin Exhibit 1, and increase the capacity, or collection frequency of the Collection Container to match documented service needs. At least ten (10) Business Days prior to increasing the Collection Container size, or frequency of Collection, Contractor's representative must also contact the Service Redipienfbyphone, U.S. mail, e-mail or in person (which may be by Non -Collection Notice) to ensure that must document overage issue in the Waste Repoitir of any changes in Service . ien't* Collection capacity or collection frequency will remain in effect to prevent overages, which may be longer than the will be in Contractors soliL.Qt�fea_ ' _ level of service. Contractor stem and notify City within ten (10) Business Days riner size or collection frequency. The increased Contractor determines that it is no longer needed Calendar Year stated above. Such determination will be subject to the dispute resolution procedure set forth below. City will consider, and pursue as applicable, appropriate legal remedies against offending Service Recipients in order to secure discontinuance of the overages. 5.14 Tracking Occurrences of Solid Waste Overage Regarding Sections 5.11 — 5.13 after twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid Waste Overage occurrence wilibe deemed a first Solid Waste Overage occurrence. 5.15 Disoutes,Over Container Overflow Charges. If Service Recipient disputes a Solid Waste Overage charge or container size or collection frequency change within 30 days of the disputed action, Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Collection Container size or collection frequency, and Contractor may request a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may restore Container size or number, or collection frequency, to the prior levels. A request by Contractor to the City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractors halting of Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the DRAFT AGREEMENT.V1 Page 26 of 128 RN #4862-7000-7618 v1 DRAFT 5/2/2023 921 City Manager will rule on the dispute within ten (10) Business Days, and the City Manager's decision on 922 resolving the dispute between and Service Recipient will be final. If the City Manager rules in favor of the 923 Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the 924 City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid 925 Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste 926 Collection Container size or collection frequency and may follow the steps in Section 7.07 for collection of 927 delinquent accounts. 928 5.16 Ownership of Materials. Except as provided otherwise under Applicable Law, title to 929 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to Contractor 930 at such time as said materials are set out for Collection. - - 931 5.17 Spillage and Litter. Contractor may not litter premises in the process of providing Integrated 932 Solid Waste Handling Services or while its vehicles are on the road. Contractor must transport all materials 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 Collected under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Integrated Solid Waste Handling Services so as to prevent.spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials and must immediately, at the time of occurrence, clean up such spilled or dropped,;Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning up sanitary conditions caused by the carelessness of the Service Recipient, however, Contractor must clean up any material or residue that is spiked or scattered by Contractor or its employees. 5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting from Contractor's operations or equipment repair must be covered immediately with an absorptive material and removed from the street surface Contractor must document spillage in the Waste Reporting System and notify City " Fe, ter corWnce coordinator within ninety (90) minutes of any spills resulting from Contract Aeration uiprrl9.When necessary, Contractor must apply a suitable cleaning agent and cleaning technique to the street surface to provide adequate cleaning as approved by the City's stormvililli mpliance coordor to be compliant with the City's stormwater permit. ' 5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or litter caused by Contracto{;within ninety (90) minutes upon notice from the City. If City deems necessary, Contractor must engagg third -party environmental clean-up specialist to remove any equipment oil, hydraulic fluids, or any other liqu*or debris that remains on street after Contractor's own dean -up efforts. If clean-up is not conducted to satisfaction of City, City has right to engage environmental clean-up specialist to perform additional clean-up work at the expense of Contractor. In the event of Contractor's spill or release of a Hazardous Substance, Contractor is responsible for promptly notifying any federal, State, County, or local governmental agency having jurisdiction over same as maybe be required under federal, State, County or local law or regulation. DRAFT AGREEMENT.V1 Page 27 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 958 5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 959 any physical damage more than a simple cosmetic stain caused by the spill), Contractor shall be responsible 960 for all repairs to return the street to the same condition as that prior to the spill. Contractor shall be 961 responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a manner 962 satisfactory to the City and at no cost to the City. 963 5.17.5 To facilitate immediate cleanup, Contractor's vehicles must always carry enough 964 petroleum absorbent materials along with a broom and shovel. 965 5.18 Green and Organic Waste Capacity. Contractor shall use commercially reasonable efforts 966 to secure guaranteed capacity for all City Green and Organic Waste for the term of the Agreement using a 967 facility listed in Exhibit 9. 968 5.19 Regulations and Record Keeping. Contractor must comply with emergency notification 969 procedures required by Applicable Laws and regulatory requirements. All records required by regulations 970 must be maintained at Contractor's facility. These records must include waste manifests, waste inventories, 971 waste characterization records, inspection records, incident reports, and training records 972 Article 6. Collection Service Rates 973 6.01 Collection Service Rates. CO�ractor is solely responsible for determining the rates it will 974 charge for providing the Integrated Solid Waste Handling Services, provided that Contractor shall not charge 975 any Service Recipient an amount that exceeds Ze applicable Maximum Service Rate set forth in Exhibit 1, 976 which may only be adjusted as provided: in this Agreement. 977 6.02 Senior/ Low -Income Fount as Ci ctoes Good Will. In exchange for the goodwill of 978 the City and the general 'public, Contractor voluntarily agrees to discount the rate it charges for Integrated 979 Solid Waste Handling Services provide to eligible Service Recipients (the 'Discount") and that the Discount 980 shall neither impact the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service 981 Recipients. Contractor shall make the Discount available to any person who demonstrates through 982 appropriate documentation thatthey are; (1).60 years of age orolder, or (ii) a person of low, lower, or extremely 983 low income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head 984 of househoWand occupant at the Service Unit address. Within thirty (30) days of the Effective Date, 985 Contractor shall Provide educational materials describing and explaining the availability and how to qualify for 986 and receive the Discount to all persons in the City currently subscribed to a discount rate program. Contractor 987 shall thereafter advertise the availability of the Discounted services on its website throughout the Term of this 988 Agreement and at least once per year by direct notice to all SFD Service Recipients. Adjustments to Maximum 989 Service Rates using CPI. Beginning on July 1, 2024, and annually thereafter, Contractor shall, subject to 990 compliance with all provisions of this Section, receive an annual adjustment to the Maximum Service Rates 991 as set forth in Exhibit 1 to this Agreement. 992 6.03 Maximum Service Rate Adjustment / Prop 218 Process. The Maximum Service Rates in 993 Exhibit 1 shall be adjusted on July 1, 2024, and annually thereafter in accordance with this Section 6.04. No 994 other adjustments shall be made except as provided in Sections 6.06 or 30.01. Contractor understands and DRAFT AGREEMENT.V1 Page 28 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 995 agrees that City may elect to or be required to comply with California Constitution Article XIII D (Proposition 996 218) or other Applicable Law before approving any new maximum service rate or any maximum service rate 997 increase. City shall not be in breach of this Agreement if its residents lawfully delay or prevent City from 998 raising or imposing the rates. In such event, City and Contractor shall meet in good faith to consider 999 alternatives and options, which may include permitting Contractor to terminate the Agreement without cause. 1000 All costs incurred in providing notices required under California Constitution Article XIII D or other applicable 1001 law in connection with a rate adjustment shall be paid by Contractor. 1002 6.03.1 CPI Adiustment Calculation. For Rate Year 2025, beginning on July 1, 2024, and 1003 for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of the 1004 12 -month average change in the CPI for the 12 -month period published immediately prior to the rate 1005 application. Therefore, the first rate adjustment effective July 1, 2024, will be based on the percentage 1006 change between the 12 -month average of the CPI from January 1, 2022 through December 31, 2022, and 1007 the 12 -month average of the CPI from January 1, 2023 through December 31, 2023. The index to be used 1008 shall be the CUSR0000SEHG02, Garbage and trash collection in U.S. city average, all urban consumers, 1009 seasonally adjusted. 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 6.03.2 Annual Rate Cap on Maximum Service Rates. In any Rate Year that the calculation of the CPI exceeds four percent (4%), the total,adjustment for that year will equal four percent (4%) and the rollover amount will be added to the rate adjustment percentage in the following year, or any subsequent year. If the CPI is negative (after accounting fo[ apy applicable rollover percentages from prior years), there will be no CPI adjustment for that year. 6.03.3 Roundiniz. Adjustments to the overall Service Rates shall be made only in units of one cent ($0.01). Fractions of less than one cent ($0.011), shall not be considered in making adjustments. All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations. the Term, for the sly may be,{ 1024 shall be 1025 1026 1027 1028 1029 6.03.4 MaximumService Rate Adiustment Report. On or before March 1 of each year of Report contains to the City. A corrected report submitted after March 1, shall be treated as a late report. for shall deliverto City a report on its proposed adjustment to the Maximum Service Rates t cah ear adjustment Report). The Adjustment Report shall be in a format as agreed on between - the City and Contractor and must contain or be accompanied by ;tment calculations for the specific services performed under this Agreement during the lent Year in Microsoft Excel or other electronic format acceptable to the City. Contractor ponsible for fhe cost of preparing the Adjustment Report. 6.03.4.1 Corrections. In the event the City determines the Adjustment substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report 6.03.4.2 Late Report. If Contractor fails to submit the Adjustment Report by March 1, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and 1030 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in 1031 time for it to be implemented on July 1; or (2) accept and consider the late Adjustment Report at its earliest DRAFT AGREEMENT.V1 Page 29 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1032 convenience, in which case any approved rate adjustment shall only go into effect prospectively thirty (30) 1033 days after the City's approval. In no event shall Contractor apply any rate adjustment retroactively. 1034 6.03.4.3 No Report. If Contractor fails to provide any Adjustment Report, 1035 the Maximum Service Rate shall remain unchanged for the next calendar year. 1036 6.04 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall 1037 notify Contractor on or before June 1 whether the City has approved the requested adjustments to the 1038 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any 1039 requested rate adjustment of more than four percent (4%) which shall only be permitted pursuant to Section 1040 6.06 [Extraordinary Adjustment] below. The City Manager may approve all other requests or refer them to the 1041 City Council at his or her discretion. 1042 6.05 Contractor payment for CPI review. Contractor shall be responsible for paying the cost of 1043 reviewing or correcting the annual CPI adjustment if the City determines that Contractor has made substantial 1044 errors and has not properly submitted or correctly calculated the CPI adjustment. 1045 6.06 Extraordinary Adjustments. Contractor and City acknowledge that there may be infrequent 1046 extraordinary events, including Change of Law, which, although they do not prevent either party from 1047 performing, and thus do not implicate the force Majeure provisions hereof, nevertheless increase the cost of 1048 providing services above the Section 6.04 Maxi ni Service Rate Adjustment. The obligation of the parties 1049 in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates. 1050 Accordingly, at its option, Contractor may apply tu,the City not more frequently than once annually, for an 1051 extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic 1052 operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section 1053 6.04. An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to make 1054 a substantial change in its operations, or substantial capital expenditure or investment to perform its 1055 obligations under this Agreement due to the occurrence of an event or circumstance which is beyond the 1056 reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after approval by the 1057 City Council. 1058 6.06.1 ContWdor's Buftlen. In the event of such an application for an extraordinary rate 1059 increase t:rs,understood that the Contractor shall have the burden of demonstrating to the reasonable 1060 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of 1061 justifying its request and shall'be solely responsible for the cast of preparing and submitting sufficient 1062 documentation in support of its request. City in its sole reasonable discretion may request Contractor to 1063 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1064 solely responsible for the cost to of providing such additional information. Contractor shall allow City to review 1065 a report of its annual revenues and expenses for the services provided in the City prepared by a Certified 1066 Public Accountant or a licensed public accountant, which shall have been prepared in compliance with Rule 1067 58 of the "Rules and Regulations of the State Board of Accountancy," as established by the California Code 1068 of Regulations, Title 16, Chapter I ("Financial Statements"). Such Certified Public Accountant or licensed 1069 public accountant shall be entirely independent of the Contractor and shall have no financial interest 1070 whatsoever in the business of the Contractor. City shall have the rightto review this information in connection DRAFT AGREEMENT.V1 Page 30 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1071 with the City's review of Contractor's extraordinary rate adjustment request. With respect to any Financial 1072 Statements or any other non-public information ("Confidential Information'), City agrees that: (a) it will hold 1073 in confidence all Confidential Information; (b) it will restrict the disclosure of Confidential Information within 1074 its own organization and to its agents or representatives who need to know the Confidential Information for 1075 the purposes of the request; (c) it will not disclose Confidential Information to any third party, excepting those 1076 subject to subsection (b), without the prior written consent of the Disclosing Parties; (d) it will not possess, 1077 copy and/or reproduce any written or electronically stored Confidential Information without the prior written 1078 approval of the Contractor; and (e) it will not use Confidential Information except as required for consideration 1079 of the request. City may consider increases or decreases in Contractor's toW,,[enues and total cost of 1080 services when reviewing an extraordinary rate adjustment request. The City will inform the Contractor upon 1081 receiving a California Public Records Act request or a subpoena for the Confidential Information by written 1082 notice delivered to the Contractor ("Notice"). The Contractor will have five (5) days from the date of the 1083 Notice to inform the City in writing of its intent to assert its confidentiality rights under this Agreement. The 1084 Contractor will have fifteen (15) days from the date of the Notice to seek judicial assistance to prevent the 1085 disclosure of the Confidential Information. If the Contractor fails to act within the five (5) or fifteen (15) day 1086 windows described above, the City may disclose the requested Confidential Information to the requestor or 1087 subpoenaing party. In the event Contractor seeks a court order to stay or enjoining the disclosure of the 1088 Records, Contractor agrees to indemnify and hold harmless the, City, its Council, elected and appointed 1089 board or commission members, officers employees, volunteers and agents (collectively, "Indemnitees") 1090 from and against any and all loss, liability, per`alty forfeiture, claim demand, action, proceeding or suit in 1091 law or equity of any and every kind and description, whetherjudicial, quasi-judicial or administrative in nature, 1092 arising or resulting from or in any way connected with the'subject CPRA or FOIA request for the Records. 1093 For the purposes of this Sect .. ecords can records created or maintained by Contractor 1094 in accordance with this Agreement, including those :records that may include Financial Statements or 1095 Confidential Information of Contractor. This Indemnity shall survive the expiration or termination of this 1096 Agreement. 1097 6.06.2 Review Costs. At the time of its request, Contractor shall also submit a payment to 1098 the City of Twenty -Five Thousand Dollars ($25,000) to defray the City's costs to review the request. In the 1099 event ity's reason costs ed that amount, Contractor shall reimburse the City for any 1100 documented amount in excess. 1101 6.06.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1102 request and to' negotiate in good faith regarding the appropriateness of the requested adjustment. 1103 6.06.4 , City Review: Approval. City shall review the Contractor's request and, in the City's 1104 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1105 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. 1106 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify 1107 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractors request 1108 Except as provided herein, any such change approved by the City shall not be implemented until January 1 1109 of the next Rate Year unless a different time frame is approved by the City Council. DRAFT AGREEMENT.V1 Page 31 of 128 RN #4862 -7000 -psis v1 DRAFT 5/2/2023 1110 6.07 Five Year Meet and Confer. The City and Contractor agree to meet and confer on or about 1111 five (5) years from the Commencement Date regarding material changes in the cost of providing services that 1112 are substantially more than the rate adjustments resulting from the application of Sections 6.04 and 6.06. If it 1113 is determined that there have been material changes in the cost of providing services, then the City and 1114 Contractor agree to negotiate in good faith regarding appropriate adjustments to the rate. The process for 1115 demonstrating material changes in the cost of providing services shall follow the same process as outlined in 1116 Section 6.06.1. 1117 6.08 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1118 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of the 1119 Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, within 1120 thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, to 1121 request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1122 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to 1123 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following 1124 the date of receipt of Contractor's request, either party may terminate this Agreement no earlier than one 1125 hundred and eighty (160) days after written notice to the other. 1126 6.09 Market Rate Review. Comrneriging on or about August 1, 2028, and then not more than 1 127 once every five (5) years thereafter, the city shall have the right to conduct a Market Rate Review (MRR) for 1128 purposes of comparing the City's Residential and Commercial rates, net of franchise fees, to the jurisdictions 1129 set forth below, which have been agreed upon by, the Parties. 1130 • Alhambra 1131 • Temple City 1132 • Monterey Park 1133 EI Monte 1134 • Whittier 1135 'West Covina 1136 Baldwin Park 1137 Pasadena. 1138 Arcadia 1139 Within si)hW qWdf Contractor's receipt of a letter from City initiating the MRR. Contractor will 1 140 gather the necessary, ecY tds and will perform the following calculations and report the results to the City. 1141 Contractor shall make 611 records used to make the calculation available for review and verification by City 1142 or City's consultant. 1143 6.09.1 Residential Weighted Average Rate Comparison 1144 1. Adjust the residential rates for the City and the Comparative Jurisdictions 1145 to back out the portion of the rates associated with franchise fees. DRAFT AGREEMENT.V1 Page 32 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1146 2. Calculate the weighted average residential rate for the City and the 1147 Comparative Jurisdictions. 1148 3. Compare the City's weighted average residential rate to the weighted 1149 average residential rates of the Comparative Jurisdictions. 1150 4. If the City's weighted average residential rate is less than or equal to the 1151 weighted average residential rate of the Comparative Jurisdictions then the City's residential rate may be 1152 adjusted as authorized provided for in this Agreement. 1153 5. If the City's weighted average residenglIft is more than the weighted 1154 average residential rate of the Comparative Jurisdictions then City's .. entI*es may not be adjusted 1155 as otherwise provided for in this Agreement until the City's weighttpd 606rage res I rate is less than or 1156 equal to the weighted average residential rate of the Comparative Jurisdictions. 1157 6.09.2 Commercial 3 -Yard Bin Serviced One Time per Week Rate Comparison 1158 1. Compare the City's rate for a 3 -yard trash bin rate serviced one time per week to 1159 the rate for a 3 -yard trash bin serviced one time per week in each of the Comparable Jurisdictions. 1 160 2. If the City's rate fon yard trash bin serviced one time per week is less than or 1161 equal to the highest rate for a 3 -yard trash bin serviced one tirne per week in the Comparative Jurisdictions 1162 then City's commercial rates may be adjusted . he r in this Agreement. 1163 3. If 's r a 3 -yard trash bin serviced onetime per week is more than the 1164 highest rate fora 3-yardolllh bin serves one tim week in the Comparative Jurisdictions then City's 1165 Commercial rates mai be increa ,Wtherwise ided for in this Agreement until the City's rate for 1166 a 3 -yard trash bin serviced one time perweekts less than or equal to the highest rate for a 3 -yard trash bin 1167 serviced one time per week in the Comparative Jurisdictions. 1168 Article 7. Collection Service Billing 1169 7..01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely 1170 responsible for.the billing and "collecting payments for the Integrated Solid Waste Handling Services it 1171 provides within the,Service Area. 1172 7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic 1173 mail, to each Service Recipient in advance of all services provided by Contractor under this Agreement. If 1174 sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self - 1175 addressed return envelope. All invoices shall include Contractors e-mail address include directions for 1176 payment by payment by check, credit card, or Automated Clearing House (ACH) debit, and shall include or 1177 be accompanied by a complete billing statement showing all charges and all services provided. City shall 1 178 have the right to direct Contractor to revise the format of all invoices and billing statements upon reasonable 1179 notice to Contractor. DRAFT AGREEMENT.V1 Page 33 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1180 7.03 Timina: Frequency. Contractor shall not initiate billing to any Service Unit sooner than the 1181 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service 1182 Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and 1183 once every Quarter for SFD Service Units. No invoice shall be due and payable sooner than the last day of 1184 the respective month or Quarter for which Integrated Solid Waste Handling Services are provided. 1185 7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1186 Contractor's Service Area, Contractor shall pro -rate billing to the Service Recipient on a weekly basis, 1187 meaning one-fourth of the applicable rate found in Exhibit 1 multiplied by the number of weeks of service 1188 provided by Contractor. 1189 7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by 1190 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment. 1 191 Contractor shall refund every overpayment that: (1) exceeds two hundred dollars ($200.00) or the amount of 1192 Service Recipient's typical invoice, whichever is less; or (2) i§AWo the Service Recipient dip the account 1193 prior to the end of the billing period. Contractor may issue service credit of no more than two (2) years 1194 against future invoices for all other overpayments. 1195 7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1196 accounts are delinquent by more than ninety (99,dals) to the Agreement Administrator on a monthly basis. 1197 7.07 Contractor's Reservation of I Rid . deme, es. Notwithstanding any other 1198 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to 1199 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor 1200 shall never discontinue Integrated Solid Waste Handling Services to any Service Unit except upon thirty (30) 1201 days prior written notice to both the Service Recipient and the Agreement Administrator. Contractor may send 1202 a written notice to Service Recipient regarding;p yments of Billings during the billed service period. 1203 7.08 City Rights to LienDelinauent Accounts: Residential Delinquencies. 1204 7.08.1 Delinquent SFD and MFD Service Accounts. For health and safety reasons, 1205 Contractor shall not discontinueservice to SFD Service unit or MFD Service Unit Customers or a Residential 1206 property that is not Unoccupied as provided above. City is authorized to collect delinquent Integrated Solid 1207 Waste Handling fees in the manner provided by section 25831 and 38790.1 of the Government Code. 1208 T08.-2, Upon the written request of Contractor, the City authorizes and agrees to assist 1209 Contractor in submitting account delinquency information to the Los Angeles County Assessor's Office for 1210 placement on the tax roll. By submitting a written request, Contractor assigns its right to collect the 1211 delinquencies to the City. 1212 7.08.3 Contractor agrees not to discontinue service to SFD Service Unit or MFD Service 1213 Unit Customers. SFD Service Unit or MFD Service Unit Customers (owners or tenants) who have not 1214 remitted required payment within one hundred twenty (120) days after the date of billing shall be notified by 1215 Contractor on forms that contain a statement that if payment is not received within fifteen (15) days from the DRAFT AGREEMENT.V1 Page 34 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1216 date of the notice, a ten percent (10%) penalty and one point five percent (1.5%) monthly interest will begin 1217 to accrue and the City will be informed of the delinquency in an annual report. Contractor will deliver a report 1218 of the delinquencies by no later than April 30th of each year with a request that the City place the 1219 delinquencies on the tax roll. City is authorized to collect delinquent solid waste fees or charges in the 1220 manner provided in sections 38790.1 and 25831 of the Government Code. To implement Contractor's 1221 request, City will fix a time, date and place for hearing the report and any objections and protests to the 1222 report. As determined in the sole discretion of the City, Contractor shall mail notice of the hearing to the 1223 SFD Service Unit or MFD Service Unit Customers listed on the report not less than ten (10) days prior to the 1224 date of the hearing. At the hearing, City shall hear any objections or protests of SFD Service Unit or MFD 1225 Service Unit Customers liable to be assessed for delinquent fees. The City may make revisions or 1226 corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. 1227 7.08.4 The delinquent fees set forth in the report as confirmed, shall constitute special 1228 assessments against the respective parcels of land and are a lien on the property for the amount of the 1229 delinquent fees. A certified copy of the confirmed report shall be fled with the Los Angeles County Auditor 1230 for the amounts of the respective assessments against the respective parcels of land as they appear on the 1231 current assessment roll. The lien created attaches upon recordation, in the office of the Los Angeles County 1232 Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same 1233 time and in the same manner as ordinary ad valorem property taxes are collected and shall be subject to 1234 the same penalties and the same procedure'trO, sale in case of delinquency as provided for those taxes. 1235 Contractor understands and agrees that the Gity has no obligation to foreclose on the lien for any 1236 delinquency. Contractor shall pay all fees charged by Los Angeles County in connection with the 1237 establishment of this secured tax roll billing and collection program and shall pay all direct and indirect costs 1238 incurred by the City in processing delinquent and unpaid assessments through the secured property tax roll 1239 procedure. City shall remit to Contracor:within thirty (30) days of receipt from the Los Angeles County 1240 Assessor of amounts collected pursuant to this. process. Contractor shall notify the City in the event any 1241 delinquency on the report or for which a lien ha°s`been created is paid or otherwise resolved. 1242 7.08.5 With respect to placement of account delinquencies on the tax roll made in 1243 accordance with the above -provisions, Contractor, upon demand of the City, made by and through the City 1244 Attorney, shall indemnify, hold harmless,- protect City and appear in and defend the City and its elected 1245 officials officers, employees and agents, in and against any claims or actions by third parties, whether 1246 judicial, administrative or otherwise, including, but not limited to disputes and/or litigation challenging the 1247 placement on the tax roll, levy, collection, or remittance of any delinquent rate, fee, charge, interest, penalty, 1248 or other amount on'thetaxrpll'or any lien associated with the foregoing, as impermissible general tax, special 1249 tax, assessment, or fee requiring compliance with any provision of Article XIII of the California Constitution, 1250 the various enabling and implementing statutes, or as being an ultra vires act, or is invalid under or otherwise 1251 contrary to any federal, state, or local law, ordinance, regulation, or decision of a court of competent 1252 jurisdiction; and/or challenging the certification, implementation, imposition, adjustment, levy or collection of 1253 any rate, fee, charge, interest, penalty or other amount under the Agreement. This provision shall survive 1254 the expiration of the period during which collection services are to be provided under this Agreement. In the 1255 event of an adverse legal determination or settlement of such action, the parties agree to cooperate and DRAFT AGREEMENT.V1 Page 35 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1256 work in good faith to prepare such amendments or alternatives to the Agreement that will implement the 1257 original intent of the Parties while complying with any adverse legal determination or settlement. 1258 Article 8. Diversion Requirements 1259 8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1260 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and 1261 employ sufficient programs and services to ensure City will meet or exceed City's Diversion goals 1262 requirements (including, without limitation, amounts of Solid Waste to be Diverted, time frames for Diversion, 1263 and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and that 1264 Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1, except as 1265 provided in Section 30.01.1. Contractor hereby agrees to assist the City to meet or exceed, on an annual 1266 basis the Diversion Compliance by undertaking the actions set forth in Section 8.02. 1267 8.02 Contractor Required Actions. Contractor shall take all of the following actions to assist the 1268 City in meeting, on an annual basis, Diversion Compliance: 1269 8.02.1 Except for Organic Waste collected from homeless encampments or material 1270 subject to quarantine by the California Department of Food & Agriculture, and except as provided in Sections 1271 5.06 and 5.10, collect and deliver all OrgaOc Waste to an approved Organics Processing Facility for 1272 processing and Diversion. 1273 8.02.2 Except as provided in Sections 5.06 and 5.10, Collect and deliver all Recyclable 1274 Materials to an approved MRF, or other certified .recycling facility, for processing Collect and deliver all 1275 Garbage to an approved Disposal Facility/.', 1276 8.02.3 Collect and deliver all Construction and Demolition Debris to an approved MRF (or 1277 other certified C&D facility that meets California i6iquirements of 65% minimum diversion) for processing and 1278 diversion. 1279 8.02.4 Deliver all material set out for collection in Cart, Bins or Roll -Off Containers identified 1280 as containing source separated Recyclable Material to an approved MRF for processing and diversion. 1281 ,;8.02.5 Deliverall material set out for collection in Cart, Bins or Roll -Off Containers identified 1282 as containing source separated Organic Waste to an approved Organic Waste Processing Facility for 1283 processing and divesion. 1284 8.02.6 Only Residual or material in Garbage Carts or Garbage Bins will be delivered to the 1285 approved landfill for disposal. All other material must go to the designated facility for full processing and 1286 diversion, with Residual only going to the landfill after the processing. 1287 8.02.7 Contractor must take all commercially reasonable and lawful actions to maximize 1288 diversion of materials from landfills. DRAFT AGREEMENT.V1 Page 36 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1289 8.02.8 Contractor must develop and provide sufficient accurate information and data as 1290 necessary to ensure that Contractor and City annually demonstrate Diversion Compliance to CalRecycle. 1291 8.02.9 Contractor must implement public education and outreach programs as required 1292 under this Agreement. 1293 8.03 Annual Reporting. Contractor shall calculate the Diversion Compliance Rate on an annual 1294 basis and shall deliver a written report regarding the same to the City no later than February 14 of the year 1295 following the reporting period as set forth in Section 22.04. 1296 8.04 Failure of Recvclables Market. Notwithstanding any other, provision of this Agreement to 1297 the contrary, where CalRecycle has determined that there are no commercially viable markets for a specific 1298 type of Recyclable Materials, or with written notice to City, Contractor is unable to identify a market for one or 1299 more Recyclable Materials despite the exercise of commercially, reasonable efforts to process and market 1300 the material, and determines to dispose of the RecyclableMaterial(s), such a determination shall not 1301 constitute a failure to implement service, a failure to implement a program, or an event of default hereunder. 1302 8.05 Failure to Meet Franchised Diversion Rate. If CalRecycle determines that City has failed 1303 to meet the Diversion Compliance due to Co tractor's failurel Wertake the actions described in this 1304 Section, Contractor must prepare, at Contra and expense submit a corrective action plan to 1305 City sufficient to demonstrate good faith efforts by CO to comply with Diversion Compliance and that is 1306 otherwise acceptable to CalRecycle, and shall be subject to Administrative Charges as allowed under Article 1307 25 and specified in Exhibit 6. Contractor must also submit a written corrective action plan to the City before 1308 March 15 of the year followingo minimu ersion requirement. Contractor's corrective action 1309 plan must specify all actions Contractor will take to ensure it will meet Diversion Compliance Rates in the 1310 future, and shall be subject to the review"and approval by the Agreement Administrator. Contractor must 1311 implement all measures identified in the corrective action plan at its sole cost and expense, unless the failure 1312 to meet Diversion Compliance was due to a Change in Law or due to the negligent acts or omissions of the 1313 City. If Contractor fails to submit an adequate corrective action plan or to fully implement a City -approved 1314 corrective action plan, it shall subject Contractor to Administrative Charges as allowed under Article 25 and 1315 specified in Exhibit 6 in addition to any other remedies available to the City. 1316 8.06' Representations and Warranties. Contractor represents and warrants that it is aware of 1317 and familiar with the Diversion 'Compliance, the Applicable Laws and City's waste stream. Contractor 1318 represents and warrants that It has the capacity, skill and ability to undertake the actions identified in Section 1319 8.02 above without imposing any costs or fees other than those set forth in the Schedule of Service Rates, 1320 as may be adjusted as provided for in this Agreement. Where the Diversion Compliance is modified by a 1321 Change in Law, Contractor agrees to develop and implement such actions, programs and measures as are 1322 necessary to bring City into compliance with the modified Diversion Compliance and City agrees that it will 1323 meet and confer with Contactor for a period not to exceed ninety (90) days regarding such actions, programs 1324 and measures, their implementation, and adjustments to rates reasonably necessary to effectuate same in 1325 accordance with Section 30.01. DRAFT AGREEMENT.V1 Page 37 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1326 8.07 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1327 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the 1328 Contractor's obligations under this Article. City's obligations in this regard shall include, without limitation, 1329 making such petitions and applications as may be reasonably requested by Contractor for time extensions in 1330 meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize 1331 such changes to Contractor's Recycling, Organic Waste, or Solid Waste programs as may be reasonably 1332 requested by Contractor in order to achieve the minimum requirements of this Article. 1333 8.08 Contractor's Diversion Programs. Contractor shall implement the Diversion programs 1334 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements 1335 under Applicable and the City meets or exceeds all minimum Diversion requirements under Applicable Law. 1336 Contractor shall furthermore, at its sole cost and expense, (1) assist the City to respond to inquiries from, or 1337 prepare for and attend any hearing before, CalRecycle or any otwpegulatory age ,Lelating to the City's 1338 compliance with Applicable Law; prepare for and participate ' Recycle' s review",* City's SRRE.; 1339 apply for any extension available under Applicable Law; develop and implement a public awareness and 1340 education program consistent with the City's SRRE and Household Hazardous Waste Element and any 1341 related requirements of Applicable Law; (2) Provide the Citylwith Recycling, source reduction, and other 1342 technical assistance as may be needed to comply with Applicable Law; and (3) advise the City of additional 1343 programs or measures Contractor can, if author[zed by the City, implement to increase compliance with the 1344 Diversion requirements of Applicable Law. 1345 8.09 New Diversion Programs. If Contractor fails to meet any Diversion Compliance requirement 1346 or the City fails to meet any Cal,501111KPiversion ' " nt notw(fttanding Contractor's implementation 1347 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1348 to modify its Diversion and public education, programs or implement new programs. Such modifications may 1349 constitute a City -Directed Change under"Section 30.01.. Contractor shall not implement new Diversion 1350 programs not described in gr f ms's prior consent. 1351 8.10 Nothing contained herein shall prohibit Contractor from meeting its diversion requirements 1352 by any alternative methods or procedures, provided it complies with Applicable Law, as may be amended 1353 from time to time. Contrail bility *Joeet its diversion requirements by alternative methods per this 1354 Section 8.05 is subject to Agreement Administrator review and approval. 1355 Article 9. Service Unit Types 1356 9.01 Servioe:Units. Service Units include all the following categories of premises which are in 1357 the Service Area as of August 1, 2023 and all such premises which may be added to the Service Area by 1358 means of annexation, new construction, or as otherwise set forth in this Agreement during term of this 1359 Agreement: 1360 9.01.1 SFD Service Units. Services are specified in Article 10. 1361 9.01.2 MFD Service Units. Services are specified in 10.12.1. DRAFT AGREEMENT.V1 Page 38 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1362 9.01.3 Commercial Service Units. Services are specified in Article 12. 1363 9.01.4 Mixed-use Development (MXD) Service Units. Services are specified in Article 13. 1364 9.01.5 City Service Units. Services are specified in Article 14. 1365 9.01.6 Any question as to whether a premise falls within one of these categories will be 1366 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1367 final. 1368 9.02 Service Unit Changes. City and Contractor acknowledge. that during the term of this 1369 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1370 Service. 1371 9.02.1 Additions and Deletions. Contractor must provide services described in this 1372 Agreement to new Service Units in Contractor's Service Area within five (5) Work Days of receipt of notice 1373 from City or the new Service Unit to begin such Service. 1374 9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the 1375 Contractor's Service Area is acquired by City through annexation, subject to the requirements of Public 1376 Resources Code section 49520, Contractor agrees to provide Integrated Solid Waste Handling Services in 1377 such annexed area in accordance with the provisions and Maximum Service Rates set forth in this Agreement 1378 after termination of former contractor's rights to pfte SJWIWAW exhausted. Such Integrated Solid 1379 Waste Handling Services must begin within five (5) Wpfk Days of receipt of written notice from City. Contractor 1380 may not begin Collection Service without written authorization from City. 1381 9.04 Route Mao Update. Contractor must revise the Service Unit route maps to show the 1382 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1383 Administrator as requested 1384 Article 10. Residential Service 1385 10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1386 Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin 1387 Collection Service.:The SFD Services are governed by the following terms and conditions: 1388 10.01:'1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1389 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1390 SFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly 1391 containerized in Recycling Carts, except as set forth in Section 10.08.1; Organic Wastes are properly 1392 containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage, Recycling, 1393 and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface of the 1394 public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service 1395 Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and vehicle. DRAFT AGREEMENT.V1 Page 39 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1396 10.01.2 Bundled SFD Cart Service. Contractor will use a weekly Bundled SFD Solid Waste 1397 Collection Service system with one (1) 96 -Gallon Black or Grey Garbage Cart, one (1) 96 -Gallon Blue 1398 Recycling Cart, and one (1) 96 -Gallon Green Organic Waste Cart as part of the base SFD Solid Waste 1399 Collection Service. SFD Service Recipients shall receive additional Recycling Carts and additional Organic 1400 Waste Carts to be included at no additional cost, if requested. Garbage, Recycling, and/or Organic Waste 1401 Carts with a capacity of 32 -Gallon or 64 -Gallon may be requested by Customers that have space constraints. 1402 Pricing for downsizing Carts, or additional Carts, relative to the base Bundled Service are included in Exhibit 1403 1. 1404 10.01.3 On -Premises Service. Notwithstanding any term or definition set forth in this 1405 Agreement, Contractor must provide Collection of SFD Garbage, Recycling, and Organic Waste on the SFD 1406 Service Recipients premises to an SFD Service Unit as follows. 1407 10.01.3.1 At no additional cost to the SFD Service Unit. SFD Service Units 1408 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1409 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises 1410 service has been made. 1411 10.01.3.2 At an additional cost to the SFD Service Unit 1412 A. SFD Service Units where topography, steep.. driveways, below grade dwellings, or 1413 limited access to public streets that prevents the SFD Service Recipient from setting their Garbage, 1414 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1415 Contractor, and if a request for on -premises service has been made. 1416 B. SFD Service Units inaccessible by standard 3 or 4 axe[ Collection Vehicles as 1417 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1418 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1419 or impossible to access using regular trash collection trucks. 1420 C. ' Contractor Epust offer 'push services" to SFD Service Recipients other than those 1421 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1422 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1423 from their: storage location for Collection and returning the Collection Containers back to their storage 1424 location. 1425 10.01.3.3 Contractor must provide on -premises Collection Service on the 1426 same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit. 1427 10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection 1428 Service must be provided one (1) time per week on a scheduled route basis. SFD Collection Service must be 1429 scheduled so that all Service Units receive Garbage Collection Service, Recycling Collection Service, and 1430 Organic Waste Collection Service on the same Work Day. SFD Collection Service must be provided, 1431 commencing no earlier than 7:00 a.m. and terminating no laterthan 7:00 p.m., Mondaythrough Friday, except 1432 for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended due to DRAFT AGREEMENT.V1 Page 40 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1433 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1434 Administrator. 1435 10.03 Manner of Collection. The Contractor must provide Collection Service with as little 1436 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1437 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1438 Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on 1439 private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1440 owner of both properties has given permission. Care should be taken to prevent damage to property, including 1441 flowers, shrubs, and other plantings. 1442 10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1443 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit 1444 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor being 1445 required to replace Collection Containers before they have been fully depreciated, Contractor will be eligible 1446 for additional compensation in accordance with Exhibit 1. 1447 10.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts 1448 by unnecessary rough treatment. However, any Cart damaged by.the Contractor must be replaced by 1449 Contractor, at Contractor's expense, within five (5),Work Days at no cost or inconvenience to the Service 1450 Recipient. 1451 10.05.1 Upon notification to Contractor by City or;a Service Recipient that the Service 1452 Recipient's Cart(s) has been maged OW repair through no fault of Contractor, Contractor 1453 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1454 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1455 System monthly. 1456 10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1457 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1458 in the case' of a Cart that must be replaced because of damage caused by Contractor or in the case where 1459 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1460 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1461 Agreement, i rdance wile "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be adjusted 1462 by the City from time to time as provided under this Agreement. 1463 10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1464 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive up 1465 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1466 10.05.4 Repair of Garbage. Recycling and Organic Waste Carts. Contractor is responsible 1467 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1468 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1469 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. DRAFT AGREEMENTY1 Page 41 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1470 10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1471 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1472 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1473 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit is 1474 eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for moving 1475 to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those exchanges in 1476 excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in accordance with 1477 the "Cart Exchange" service rate as set forth in Exhibit 1 or as may be adjusted this Agreement. 1478 10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1479 Recipient that additional Black or Grey Carts for Garbage, Blue Carts for Recyclable Materials, or Green 1480 Carts Organic Waste are requested, Contractor shall deliver such Cartsto such Service Recipient within five 1481 (5) Work Days, at the rate set forth in Exhibit 1. 1482 10.05.7 Ownership, of Carts. Ownership of Carts is vested in the Contractor. 1483 10.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the SFD 1484 Service Recipient, Contractor must replace the dirty Collection.. Containers with clean Collection Containers. 1485 Any Collection Container cleanings done at a Contractor facility must be done in such a manner that results 1486 in no water entering the City's storm drain s enace mustlWvided at no charge to the Service 1487 Recipient, so long as the service is not requested morelhan, once per Calendar Year. In addition, regardless 1488 of whether or not this cleaning is requested by the'Service Recipient, Contractor will ensure that all Collection 1489 Containers are cleaned on an as -needed basis so as to maintain a clean appearance and proper function. 1490 Additional cleanings beyond once each Calendar Ye'arwill be subject to the Service Rate set forth in Exhibit 1491 1. 1492 10.07 SFD Garbage Collection Service. This service is governed by the following terms and 1493 conditions: 1494 10.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed 1495 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10. 1496 10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1497 performing Integrated Solid Waste Handling Services must be transported to, and disposed of, at the 1498 Disposal Facilities listed in Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor 1499 must transport and dispose of the Garbage at another legally permitted Disposal Facility. Failure to comply 1500 with this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor 1501 being in default under this Agreement. 1502 10.08 SFD Recycling Service. This service is governed by the following terms and conditions: 1503 10.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be 1504 placed beside the Recycling Cart if flattened. DRAFT AGREEMENT.V1 Page 42 of 128 RN #4862-7000-7618 v1 DRAFT 5/2/2023 1505 10.08.2 Recycling - Imorooer Procedure. The Contractor is not required to Collect 1506 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1507 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1508 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1509 Contractor must follow the steps set forth in Section 5.07. 1510 10.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1511 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1512 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1513 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1514 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1515 designate Materials Recovery Facility. 1516 10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account, 1517 at no additional charge, each SFD customer may request that Contractor provide one on-call Move-In/Out 1518 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1519 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each new 1520 account. This service shall only include Recyclable Materials, and in the event that the Service Recipient 1521 includes Garbage in the materials set out for CAllection by Contractor, this service shall be counted as one 1522 of the SFD Service Recipient's free annual Bti114yWaste.Collections as set forth in Section 10.10. 1523 10.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that 1524 necessitate any additions or deletions to the services described in this Section 10.08, including the type of 1525 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1526 into an Agreement amendment covering such modifications to the services to be performed and the 1527 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1528 to such services. 1529 10.09 SFQ Oroanic Waste Collection Service. This service is governed by the following terms 1530 and conditions: 1531 10.09.1 Organic. Waste Processing Services. Contractor must ensure that all Organic Waste 1532 Collected pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law. 1533 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a r;. 1534 a landfill, except for residpe.resulting from processing. If the organics processing facility accepts bagged 1535 organic waste (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged 1536 Organic Waste. 1537 10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1538 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1539 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1540 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1541 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1542 City has the right to designate Organic Waste Processing Facility. DRAFT AGREEMENT.V1 Page 43 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1543 10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1544 for Collection during the three-week period beginning December 26`h each year during the term of this 1545 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1546 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1547 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1548 to divert Holiday Trees with tinsel, flocking or ornaments. 1549 10.09.4 Non -Collection. Contractor is not required to Collect Organic Waste if the Service 1550 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1551 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1552 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1553 10.09.5 Home Compost Bins. Contractor shall store, promote, and distribute a maximum of 1554 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1555 Contractor is responsible for purchase of Home Compost Bin's delivered to Contractors OWof storage. 1556 10.10 1557 conditions: 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 SFD Bulky Waste Collection Service. This service is governed by the following terms and 10.10.1 Conditions of Servo.I contractor must provide SFD Bulky Waste Collection Service, and the collection of E -Waste and UWaste;-to"all SFD Service Units in the Service Area whose Bulky Waste, E -Waste, and U -Waste have been placed within -three (3) feet of the curb, Swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service Recipient, that will provide safe and effcient,accessibility to Contractor's Collection crew and vehicle. Up to five (5) times per Calendar Year each Service Recipient is entitled to receive Bulky Waste disposal amounting to a combined annual maximum of the equivalent of (a) five (5) Bulky Items, or (b) ten (10) 32 - gallon bags at no additional cost and expense For subsequent collection in any Calendar Year, the Contractor shall receive compensation from the'customer at the rate for such service as set in Exhibit 1. 10.102 Freguencv of Service. Bulky Waste Collection Service will be provided on the next regular Collection day if the: request is received at least two (2) Work Days in advance of the next regular Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other Residential Waste. 10:10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that contain Freon, Contractor, must handle such Bulky Waste in a manner such that the Bulky Waste are not subject to regulation ashazardouswaste under applicable State and Federal laws or regulations. 1574 10, 10.4 Maximum Reuse and Recycling. Contractor must dispose of Bulky Waste collected 1575 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1576 10.10.4.1 1577 10.10.4.2 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Reuse as is (where energy efficiency is not compromised) Disassemble for reuse or Recycling Page 44 of 128 1578 10.10.4.3 Recycle 1579 10.10.4.4 Disposal 1580 10.10.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1581 Bulky Waste cannot be reused or recycled. 1582 10.10.6 City Direction of Bulky Waste. City reserves the right to direct Contractor to take 1583 specific types of Bulky Waste Collected pursuant to this Section to designated sites not more than twenty 1584 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1585 obligation to dispose of the Bulky Waste residue remaining at the directed site or sites after scavengers and 1586 recyclers have removed reusable or recyclable Bulky Waste. 1587 10.11 Sharos Collection Program. Home generated sharps, such as needles, syringes, and 1588 lancets shall be placed in a sharps container and removed 4rom the regular waste stream to minimize 1589 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in an 1590 appropriate manner, Contractor shall provide, upon request, each SFD Service Recipient with up to one 1591 postage -paid mail -back sharps container per year at no additional cost. Seniors shall be provided with up to 1592 two postage -paid mail -back sharps containers, per year at no additional cost. In addition, Contractor shall 1593 promote this program in newsletters and in other forms of outreach as determined by City. Additionally, 1594 Contractor shall provide to the City on an annual basis not less than 200 postage -paid mail -back Sharps 1595 containers for City staff to distribute at special events. 1596 10.12 Extended Producer ResponsibilitvDiversion Program. Contractor shall provide a minimum 1597 of two City-wide electronic waste, textile, carpet, and mattress collection drives on an annual basis. Contractor 1598 will schedule collection events with City approval and advertise the drop-off events not less than one week 1599 prior to the scheduled collection event, but no more than one month prior to the scheduled collection event. 1600 All textile, carpet and mattresses Collected through this program shall be diverted from the landfill either 1601 through donation to a local non-profit organization or through other means of Diversion. 1602 10.12.1 Temoorary Bin and Box Service. Contractor shall provide temporary Bin and Box 1603 service, including Construction and Demolition Debris Bins, to SFD Service Recipients. Contractor shall 1604 deliver such Bin or Box within one Business Day of request. The Contractor shall receive compensation for 1605 Temporary Bin and Box Service from the customer at the rate for such service as set in Exhibit 1. 1606 1607 Article 11. MFD Service 1608 11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD 1609 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following 1610 terms and conditions: 1611 11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to 1612 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the DRAFT AGREEMENT.V1 Page 45 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1613 Service Area whose MFD Solid Waste is properly containerized in Black/Grey Garbage Carts, Blue 1614 Recyclable Materials are properly containerized in Recycling Carts, except as set forth in Section 11.08.1; 1615 Organic Wastes are properly containerized in Green Organic Waste Carts, except as set forth in Section 1616 11.09.5, where the Garbage, Recycling, and Organic Waste carts have been placed within three (3) feet of 1617 the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location 1618 agreed to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's 1619 Collection crew and vehicle. 1620 11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1621 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection 1622 Service shall be provided in Garbage Bins at the size and frequencyas requested by the MFD Service 1623 Recipient, and including at no additional cost one (1) 96 -Gallon Blue Recycling Cart and one (1) 32 -Gallon 1624 Green Organic Waste Cart as part of the base bundled MFD Collection Service. Additional services may be 1625 requested by the MFD Service Recipient. To be exempted from MFD Recycling Service or MFD Organic 1626 Waste Collection Service, Service Recipient must apply for exemption to the Contractor. All such exemption 1627 applications must be reported in the Waste Reporting System and approved by the City. Additional Collection 1628 Containers or different size Collection Containers are subject to the applicable Service Rate set forth in 1629 Exhibit 1. 1630 11.01.3 On -Premises Service., Notwithstanding arty. term or definition set forth in this 1631 Agreement, Contractor must provide Collection ofMFD Garbage, Recycling, and Organic Waste on the MFD 1632 Service Recipients premises to an MFD Service Unit as follows. 1633 11.01.3.1 - At no additional cost to the MFD Service Unit. MFD Service Units 1634 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1635 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises 1636 service has been made. 1637 11.01.3.2 At an additional cost to the MFD Service Unit. 1638 a. MFD Service Units where topography, steep driveways, below grade dwellings, or 1639 limited access to public streets that prevents the MFD Service Recipient from setting their Garbage, 11 1640 Recycling,or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1641 Contractor; arld,if a request for on -premises service has been made. 1642 b. MFD Service Units inaccessible by standard 3 or 4 axe[ Collection Vehicles as 1643 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1644 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1645 or impossible to access using regular trash collection trucks. 1646 C. Contractor must offer `push services" to MFD Service Recipients other than those 1647 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1648 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1649 from their storage location for Collection and returning the Collection Containers back to their storage 1650 location. DRAFT AGREEMENT.V1 Page 46 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1651 11.01.3.3 Contractor must provide on -premises Collection Service on the 1652 same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit. 1653 11.02 Freguency and Scheduling of Service. This service must be provided as deemed 1654 necessary and determined between Contractor and the MFD Service Unit, but such service must be received 1655 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection 1656 service scheduled to fall on a holiday may be rescheduled as determined between the Service Unit and 1657 Contractor as long as the minimum frequency requirement is met. The size of the container and the frequency 1658 (above the minimum) of Collection will be determined between the MFD Service Unit and Contractor. 1659 However, size and frequency must be sufficient to provide that no Solid Waste need be placed outside the 1660 Collection Container. Contractor must provide containers as part of the; Commercial Collection Maximum 1661 Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor provided 1662 that the Service Recipient is completely responsible for its proper maintenance, and such Compactor is of a 1663 type that is compatible with Contractor's equipment. All other Collection Containers used by Service 1664 Recipients must be owned and supplied by Contractor. 1665 11.03 Manner of Collection. The Contractor must provide Collection Service with as little 1666 disturbance as possible and must leave any Garbage, Recycling. or Organic Waste Cart in an upright position 1667 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1668 Contractor's employees providing Collection S# t follow the regular walk for pedestrians while on 1669 private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1670 owner of both properties has given permission. Care -should15 ken: to prevent damage to property, including 1671 flowers, shrubs, and other plantings. 1672 11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1673 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit 1674 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor being 1675 required to replace Collection Containers before they have been fully depreciated, Contractor will be eligible 1676 for additional compensation in accordance with Section 6.07. 1677 11:05 Re placement of CartsIontractors employees must take care to prevent damage to Carts 1678 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1679 Contractor'`at Contractor's expen"se, within five (5) Work Days at no cost or inconvenience to the Service 1680 Recipient. 1681 11.05:1 Upon notification to Contractor by City or a Service Recipient that the Service 1682 Recipient's Cart(s) ha8een stolen or damaged beyond repair through no fault of Contractor, Contractor 1683 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1684 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1685 System monthly. 1686 11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1687 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1688 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where DRAFT AGREEMENT.V1 Page 47 of 128 RIV #4862-7000-7619 V DRAFT 5/2/2023 1689 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1690 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1691 Agreement, in accordance with the "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be adjusted 1692 by the City from time to time as provided under this Agreement. 1693 11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1694 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive up 1695 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1696 11.05.4 Repair of Garbage. Recycling and Organic Waste Carts. Contractor is responsible 1697 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1698 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1699 the Cart or if necessary, remove the Cartfor repairs and deliver a replacement Cart to the Service Recipient. 1700 11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1701 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1702 within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1703 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit is 1704 eligible to receive unlimited Cart exchanges ped Calendar Year during the term of this Agreement for moving 1705 to a smaller Cart size. Accordingly, ContractorwilJ;be compensated only for the cost of those exchanges in 1706 excess of one (1) per Calendar Year for those'Service Units receiving larger Cart sizes, in accordance with 1707 the "Cart Exchange" service rate as set forth in Exhibit 1 or as may be adjusted this Agreement. 1708 11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1709 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1710 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1711 in Exhibit 1. 1712 ,11.05,7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1713 11.06 Cleaning ofCollectionContainers. Once each Calendar Year, if requested by the MFD, 1714 Contractormustclean all Collection Containers or must replace the dirty Collection Containers with clean 1715 Collection Containers. Any Collection Container cleanings done at a Contractor facility must be done in such 1716 a manner thAft4ts in no wa ntering the City's storm drain system. This service must be provided at no 1717 charge to the Service. Recipient, so long as the service is not requested more than once per Calendar Year. 1718 In addition, regardless "of whether or not this cleaning is requested by the Service Recipient, Contractor will 1719 ensure that all Collection Containers are cleaned on an as -needed basis so as to maintain a clean appearance 1720 and proper function. Additional cleanings beyond once each Calendar Year will be subject to the Service Rate 1721 set forth in Exhibit 1. 1722 11.07 MFD Garbage Collection Service. This service is governed by the following terms and 1723 conditions: DRAFT AGREEMENT.V1 Page 48 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1724 11.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed 1725 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10 1726 11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1727 performing Integrated Solid Waste Handling Services must be transported to, and disposed of, at the 1728 Disposal Facilities listed in Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor 1729 must transport and dispose of the Garbage at another legally permitted Disposal Facility. Failure to comply 1730 with this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor 1731 being in default under this Agreement. 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 11.08 MFD Recycling Service. This service is governed by the following terms and conditions: 11.08.1 Conditions of Service. Contractor must provide MFD Recycling Service to all MFD Service Units in the Service Area whose Recyclable Materials are properly containerized in Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are accessible. The Maximum Service Rates for Contractor's MFD Re Services Wset forth in Exhibkl. 11.08.2 Base MFD Recycling Service. All MFD Service Recipients subscribing to MFD Solid Waste Collection Service must receive weekly. collection of Recycling Materials with a minimum of at least one 96 -gallon Recycling Cart per Service Recjpient and included in the Bundled Rate set forth in Exhibit 1. The actual configuration of Recycling CollectionContainer sizes to be provided will be based on the total equivalent volume and configured in a manner determined by the Service Recipient in consultation with Contractor. 1743 11.08.3 1744 placed beside the Recyi rages. Corrugated cardboard that will not fit inside the Recycling Cart may be Cart if flattened. 1745 11.08.4 Recycling..- .Imbroper. Procedure. The Contractor is not required to Collect 1746 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1747 or Organic Waste. Furthermore,.. Contractor is not required to Collect Recyclable Materials that are 1748 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1749 Contractor must follow the steps, set forth in Section 5.07. 1750 :11.08.5 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1751 Materials collect' d;as a result of performing recycling services must be delivered to the Materials Recovery 1752 Facility listed in Exhibit 9, Failure to comply with this provision will result in the levy of a penalty as specified 1753 in Exhibit 6 and may 'result in Contractor being in default under this Agreement. All expenses related to 1754 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1755 designate Materials Recovery Facility. 1756 11.08.6 Move In/Out Collection Service. Within three (3) months of opening a new account, 1757 at no additional charge, each MFD customer may request that Contractor provide one on-call Move-In/Out 1758 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1759 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each new DRAFT AGREEMENT.V1 Page 49 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1760 account. This service shall only include Recyclable Materials, and in the event that the Service Recipient 1761 includes Garbage in the materials set out for Collection by Contractor, this service shall be counted as one 1762 of the MFD Service Recipient's free annual Bulky Waste Collections as set forth in Section 11.10. 1763 11.08.7 Recycling - Changes to Services. Should changes in Applicable Law arise that 1764 necessitate any additions or deletions to the services described in this Section 11.08, including the type of 1765 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1766 into an Agreement amendment covering such modifications to the services to be performed and the 1767 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1768 to such services. 1769 11.09 MFD Organic Waste Collection Service. This service is governed by the following terms 1770 and conditions: 1771 11.09.1 Base MFD Organic Waste Service. All MFD Service Recipients subscribing to MFD 1772 Garbage Collection Service must receive weekly collection of the equivalent volume of at least one (1) 32- 1773 gallon Green Organic Waste Cart per Service Recipient included in the Bundled Service rate. The actual 1774 configuration of Organic Waste Collection Container sizes to be provided will be based on the total equivalent 1775 volume and configured in a manner determined by the Service Recipient in consultation with Contractor. 1776 Contractor may charge for MFD Organic Waste Collection as set forth in, Exhibit 1 for MFD Organic Waste 1777 Service greater than the base 32 -gallon Organic Waste Cart. 1778 11.09.2 Size and Frequency of Service. This service will be provided as deemed necessary 1779 and determined between Contractor and the Service Recipient, but such service must be received no less 1780 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection Service 1781 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1782 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 1783 at the option of the Service Recipient The size of the container and the frequency (above the minimum) of 1784 Collection will be determined between the customer and Contractor. However, size and frequency must be 1785 sufficient to provide that no OrganicWasteneeds be placed outside the Collection Container. Service 1786 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 1787 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 1788 equipment: All„other Collection Containers used by Service Recipients must be owned and supplied by 1789 Contractor. 1790 1109;3'iOrcanic Waste Processing Services. Contractor must ensure that all Organic Waste 1791 Collected pursuant to' this Agreement is diverted from the landfill in accordance with Applicable Law. 1792 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in 1793 a landfill, except for residue resulting from processing. If the organics processing facility accepts bagged 1794 Organic Waste (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged 1795 Organic Waste. 1796 11.09.4 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1797 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has DRAFT AGREEMENT.V1 Page 50 of 128 RIV #4862-7000-7618 vi DRAFT 5/2/2023 1798 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1799 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1800 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1801 City has the right to designate Organic Waste Processing Facility. 1802 11.09.5 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1803 for Collection during the three-week period beginning December 26" each year during the term of this 1804 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1805 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1806 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1807 to divert Holiday Trees with tinsel, flocking or ornaments. 1808 11.09.6 Non -Collection. Contractor is not required to Collect Organic Waste if the Service 1809 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1810 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1811 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1812 11.10 MFD Bulky Waste Collection Service. This service is governed by the following terms and 1813 conditions: 1814 11.10.1 Conditions of Servlce��Contractor,must provide.. MFD Bulky Waste Bulky Item 1815 Collection Service, including the collection of E -Waste and.U-Waste, to all MFD Service Units in the Service 1816 Area whose Bulky Waste, E -Waste, and U -Waste have been placed within three (3) feet of the curb, swale, 1817 paved surface of the public roadway, closest accessible roadway, or other such location agreed to by 1818 Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection 1819 crew and vehicle. Upon property manager request up to five (5) times per Calendar Year each Service 1820 Recipient is entitled to receive Bulky Item disposal amounting to a combined annual maximum of the 1821 equivalent of (a) six (6) Bulky Items or (b) ten (10) 32 -gallon bags at no additional cost and expense. For 1822 subsequent collection in any Calendar Year, the Contractor shall receive compensation from the customer 1823 at the rate for such service as set in Exhibit 1. 1824 11.10.2 Freauencv of Service. Bulky Item Bulky Waste Collection Service will be provided 1825 on the nextregular Collection day if the request is received at least two (2) Work Days in advance of the 51 1826 next regular Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste 1827 with other Residential Waste. 1828 11.10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1829 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste are not 1830 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1831 11. 10.4 Maximum Reuse and Recycling. Contractor must dispose of Bulky Waste collected 1832 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1833 11.10.4.1 Reuse as is (where energy efficiency is not compromised) DRAFT AGREEMENT.V1 Page 51 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1834 11.10.4.2 Disassemble for reuse or Recycling 1835 11.10.4.3 Recycle 1836 11.10.4.4 Disposal 1837 11.10.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1838 Bulky Waste cannot be reused or recycled. 1839 11.10.6 City Direction of Bulky Waste. City reserves the right to direct Contractor to take 1840 specific types of Bulky Waste Collected pursuant to this Section to designated sites not more than twenty 1841 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1842 obligation to dispose of the Bulky Waste residue remaining at the directed site or sites after scavengers and 1843 recyclers have removed reusable or recyclable Bulky Waste. 1844 Article 12. Commercial Service 1845 12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1846 Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service 1847 Units and those City Service Units listed in Exhibit 3, MFD Units serviced with Bins will abide by the guidelines 1848 listed in this Section but are serviced as part of,,ttie Residential Collection Service. This service is governed 1849 by the following terms and conditions: ;t 1850 12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1851 Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all 1852 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and 1853 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection 1854 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable 1855 Materials, and .Organic Waste Carts in 32, 64, and 96 -gallon sizes. Contractor must offer Garbage and 1856 Recyclable Materials Bins in 1, 2; 3, 4, and 6 -cubic yard sizes and 1, 2, and 3 -cubic yard sizes for Organic 1857 Waste Bins. Contractor may offer Roll -off Containers in 10, 20, 30, and 40 -cubic yard sizes, and Collection 1858 from Compactors. The size of the container and the frequency (above the minimum) of Collection will be 1859 determined .between the Service Recipient and Contractor. However, the size and frequency must be 1860 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the 1861 Collection Container. The base"Commercial Collection Service will include Commercial Recycling Service 1862 as described in Section 12,04.2 below, and Commercial Organic Waste Collection Service as described in 1863 Section 12.05.5 below. 1864 12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, 1865 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient, and including at 1866 no additional cost one (1) 96 -Gallon Blue Recycling Cart and one (1) 32 -Gallon Green Organic Waste Cart 1867 service as part of the base bundled Commercial Collection Service. Additional services may be requested 1868 by the Commercial Service Recipient. To be exempted from Commercial Recycling Service or Commercial DRAFT AGREEMENT.V1 Page 52 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1869 Organic Waste Collection Service, Service Recipient must apply for exemption to the Contractor. All such 1870 exemption applications must be reported in the Waste Reporting System and approved by the City. 1871 12.01.3 Hours of Collection. Commercial Collection Service must be provided commencing 1872 no earlier than 6:00 a.m., and terminating no later than 7:00 p.m., Monday through Saturday, except for 1873 Holidays. If the Commercial Collection Service is adjacent to Residential Premises, then collection service 1874 will be provided no earlier than 7:00 a.m. Monday through Friday and 8:00 a.m. on Saturday. The hours, 1875 day, or both of Collection may be extended due to extraordinary circumstances or conditions with the prior 1876 verbal or written consent of the Agreement Administrator. 1877 12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1878 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide 'push 1879 services" and'stinger/scout truck services" as necessary upon request during the provision of Commercial 1880 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to, 1881 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for 1882 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck services 1883 provide for the retrieval of Collection Containers from locations with accessibility constraints that make 1884 Containers difficult or impossible to access using regular trash' collection trucks. 1885 12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service 1886 consistent with Section 8.36.030 of the City Municipal Code with as little disturbance as possible and must 1887 leave any Collection Container at the same point it originally located without obstructing alleys, roadways, 1888 driveways, sidewalks or mail boxes. 1889 12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts and new 1890 Bins and Roll -off Containers in good condition that comply with Collection Container specifications in Exhibit 1891 4. If any changes to these specifications are ?dopted after the Effective Date that results in Contractor being 1892 required to replace Collection Containers before they have been fully depreciated, Contractor will be eligible 1893 for additional compensation in accordance with Section 30.01.1. 1894 12.02.1 Purchase and. Distribution of Collection Containers for New Commercial Service 1895 Units. Contractor must also distribute new Collection Containers as specified in Exhibit 4 to new Commercial 1896 and MFD/MXD Service Units that are added to Contractor's Service Area during the term of this Agreement. 1897 The size and mix,of the Collection Containers will be in accordance with the service agreement obtained by 1898 Contractor as sefforth in this Agreement and the distribution must be completed within five (5) Work Days 1899 of receipt of the requestfor service. 1900 12.02.2 Replacement of Collection Containers. Contractor's employees must avoid damage 1901 to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by the 1902 Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no cost or 1903 inconvenience to the Service Recipient. 1904 12.02.2.1 Each Commercial Service Unit is entitled to the replacement of 1905 one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial DRAFT AGREEMENT.V1 Page 53 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1906 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the 1907 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per 1908 Commercial Service Unit during the initial term of the Agreement, in accordance with the 'Collection 1909 Container Exchange" Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a 1910 replacement Collection Container to such Service Unit within five (5) Work Days, 1911 12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection 1912 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such 1913 repairs, Contractor must repair the Collection Container or if necessary, remove the Collection Container for 1914 repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container repair 1915 also includes the removal of graffiti from the Collection Container. 1916 12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service 1917 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection 1918 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible to 1919 receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement. 1920 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1) 1921 Collection Container exchange per Calendar Year, in accord he appropriate "Collection Container 1922 Exchange" service rate set forth in Exhibit 1 as, may be adjusted by City under this Agreement. Additional 1923 Collection Containers or different size Collection Containers are subjectto the applicable Service Rate set 1924 forth in Exhibit 1. 1925 12.02.5 Ownership of Collection Containers Ownership of Collection Containers distributed 1926 by Contractor is vested in Contractor 1927 12.02.6 Cleaning of Collection Conta)ners. Once each Calendar Year, if requested by the 1928 Commercial Service Unit, Contractormust clean all Collection Containers or must replace the dirty Collection 1929 Containers with clean Collection Containers. AnyCollection Container cleanings done at Contractor facility 1930 must be done in such a mannerthat results in no water entering the City's storm drain system. This service 1931 must be provided at no charge to theService Unit, so long as the service is not requested more than once 1932 per Calendar Year. In addition, regardless of whether or not this cleaning is requested by the Service Unit, 1933 Contractorwillensure that all Collection Containers are cleaned on an as -needed basis so as to maintain a 1934 clean appearance and properfunction. Additional cleanings beyond once each Calendar Yearwill be subject 1935 to the Service Rate set forth in Exhibit 1. 1936 12.03 1937 12.03.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1938 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in 1939 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1940 12.03.2 Size and Freouencv of Service. This service must be provided as deemed 1941 necessary and determined between Contractor and the Commercial Service Unit, but such service must be 1942 received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that DRAFT AGREEMENT.V1 Page 54 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 1943 Collection service scheduled to fall on a holiday may be rescheduled as determined between the Service 1944 Unit and Contractor as long as the minimum frequency requirement is met. The size of the container and 1945 the frequency (above the minimum) of Collection will be determined between the Commercial Service Unit 1946 and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be 1947 placed outside the Collection Container. Contractor must provide containers as part of the Commercial 1948 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1949 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and 1950 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers 1951 used by Service Recipients must be owned and supplied by Contractor. 1952 12.03.3 Non -Collection. Contractor is not required to Collect any Commercial Solid Waste 1953 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the 1954 Garbage Collection Container because of overflow. In the event of non -collection or overflow, Contractor 1955 must follow the steps as set forth in Section 5.13. 1956 12.03.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial 1957 Solid Waste Integrated Solid Waste Handling Services must be transported to, and disposed of, at the 1958 Disposal Facility. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and 1959 dispose of Solid Waste at another legally permisted disposal facility.Failure to comply with this provision will 1960 result in the levy of a penalty as specified imEit 6 and may result in Contractor being in default under 1961 this Agreement. City has the right to designate`Dispos`al'Facility and agfees to adjust Maximum Service 1962 Rates to reflect City's exercise of flow control ri 1963 12.04 Commercial Recycling Service. This service is governed by the following terms and 1964 conditions: 1965 12.04.1 Conditions of Service -Contractor must provide Commercial Recycling Service to all 1966 Commercial Service Units in the Service Area"Whose Recyclable Materials are properly containerized in 1967 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are 1968 accessible: The Maximum Service Rates for Contractors Commercial Recycling Services are set forth in 1969 Exhibit 1. 1970 1 112.04.2 Base' -Commercial Recycling Service. All Commercial Service Recipients 1971 subscribing io Commercial Solid Waste Collection Service must receive weekly collection of Recycling 1972 Materials with a minimum of at least one 96 -gallon Blue Recycling Cart per Service Recipient at no additional 1973 cost as part of the base service and included in the Bundled Rate set forth in Exhibit 1. The actual 1974 configuration of Recycling Collection Container sizes to be provided will be based on the total equivalent 1975 volume and configured in a manner determined by the Service Recipient in consultation with Contractor. 1976 12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary 1977 and determined between Contractor and the Service Recipient, but such service must be received no less 1978 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1979 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1980 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection DRAFT AGREEMENT.V1 Page 55 of 126 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 1981 Container at the option of the Service Recipient. The size of the Collection Container and the frequency 1982 (above the minimum) of Collection will be determined between the Service Recipient and Contractor. 1983 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 1984 outside the Collection Container. Contractor may charge for Commercial Recycling Services above the 1985 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled 1986 Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1987 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1988 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1989 by Service Recipients must be owned and supplied by Contractor. 1990 12.04.4 Recycling - Improver Procedure. Contractor is not required to Collect Recyclable 1991 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid Waste 1992 and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are 1993 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1994 Contractor must follow the steps as set forth in Section 5.07." 1995 12.04.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 1996 performing Recycling Services must be delivered to the MaterialsRecovery Facility listed in Exhibit 9. Failure 1997 to comply with this provision will result in the,leuy of a penalty as specified in Exhibit 6 and may result in 1998 Contractor being in default under this Agreement. All expenses related to materials processing and 1999 marketing will be the sole responsibility of Contractor. City has the right to designate Materials Recovery 2000 Facility and agrees to adjust Maximum Service los to _ erase of flow control rights. 2001 12.04.6 Recycling Changes to Work Should changes in law arise that necessitate any 2002 additions or deletions to the work described herein including the type of items included as Recyclable 2003 Materials, the parties will negotiate any necessary dost changes and will enter into an Agreement 2004 amendment covering such modifications to the.xrork to be performed and the compensation to be paid in 2005 accordance with Section 30 01.1 before undertaking any changes or revisions to such work. 2006 12 04.7 Compliance with AB 341 & SB 1383. Contractor will develop and maintain its 2007 Commercial Recycling Service in a manner designed to assist City and the Service Recipients to achieve 2008 and maintain compliance with the Applicable Law, inclusive of AB 341 and SB 1383. Contractor will notify 2009 Commercial Service Recipients of the requirements to comply with the laws by November 2023, and not 2010 less than annually thereafter, Contractor must provide the necessary volume of Collection Service to 2011 Commercial Service Units to be in full compliance with the Applicable Law. In conjunction with the City's 2012 ordinance supportingfull 'compliance with the Applicable Law, inclusive of AB 341 and SB 1383 by 2013 Commercial Service Units (i.e.. "generators"), Contractor will conduct in-person outreach to all non - 2014 participating commercial covered generators a minimum of once per calendar year. Failure to conduct such 2015 outreach will result in a penalty as specified in Exhibit 6. 2016 12.14.8 Additional Recycling Collection containers. Contractor must provide additional 2017 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within 2018 five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that DRAFT AGREEMENT.V1 Page 56 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2019 additional Collection Containers are used by Service Recipients for the purposes of setting out additional 2020 Recyclable Materials for regular weekly Commercial Recycling Service. 2021 12.05 Commercial Organic Waste Collection Service. This service is governed by the following 2022 terms and conditions: 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 12.05.1 Conditions of Service. Contractor must provide Commercial Organic Waste Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly containerized in Organic Collection Containers, where the Organic Waste Collection Containers are accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the specific materials to be included the Service Recipient's Organic Waste gAMW (i.e., Food Waste, Green Waste, combined Food and Green Waste). Contractor will charge for collection of Organic Waste within the Bundled Service rate specified in Exhibit 1. For Organic Waste collected in Collection Containers beyond the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 1. Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts, and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit 1. Contractor will provide a sufficient number of Collection Containers and at a collection frequency to allow for any such Service Unit to utilize the collecton,.:of Organic Waste. Commercial Organic Waste Collection will occur Monday through Saturday upon req'Uestend'as necessary. city shall provide Contractor a list of the names and addresses of Commercial Service,Units that are approved by City for exemption from Organic Waste Collection. 12.05.2 Collected pursuant to 2041 Contractor must ensure that 2042 a landfill, except for residue 2043 organic waste, then Contra inic WasteProcessing Services. Contractor must ensure that all Organic Waste agreement is,diverted from the landfill in accordance with Applicable Law. the Organic Waste Collected pursuant to this Agreement is not disposed of in resulting from processing. If the organics processing facility accepts bagged dor is obligated to accept bagged Organic Waste. 2044 12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 2045 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 2046 station listed in Exhibit 9. Failure: to comply with this provision will result in the levy of a penalty as specified 2047 in Exhibit `B `and may result in Contractor being in default under this Agreement. All expenses related to 2048 Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to 2049 designate Organiic Waste Processing Facility and agrees to adjust Maximum Service Rates to reflect City's 2050 exercise of flow control rights. 2051 12.05.4 Organic Waste Collection Freguencv. Contractor must comply with CalRecycle 2052 collection frequency requirements as they may apply during the term of this Agreement. If any such changes 2053 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce the 2054 frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its collection 2055 costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must provide 2056 City with its estimate of reduced its costs and shall make adjustments to the Maximum Service Rates. DRAFT AGREEMENT.V1 Page 57 of 128 RIV #4862-7000-7618 v1 DRAFT 512/2023 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 12.05.5 Base Commercial Organic Waste Service. All Commercial Service Recipients subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent volume of at least one (1) 32 -gallon Green Organic Waste Cart per Service Recipient at no additional cost as part of the base service included in the Bundled Service rate. The actual configuration of Organic Waste Collection Container sizes to be provided will be based on the total equivalent volume and configured in a manner determined by the Service Recipient in consultation with Contractor. Contractor may charge for Commercial Organic Waste Collection as set forth in Exhibit 1 for Commercial Organic Waste Service greater than the base 32 -gallon Organic Waste Cart. 12.05.6 Size and Frequency of Service. This service will be provided as deemed necessary and determined between Contractor and the Service Recipient, but such service must be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, exceptthat Collection service scheduled to fall on a holiday may be rescheduled as determined between the "Service Recipient and Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of Collection will be determined between the customer and Contractor. However, size and frequency must be sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service Recipients may own and provide their own Compactor provided that the Service Recipient is completely responsible for its proper maintenance and such. Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used by"Service Recipients must be owned and supplied by Contractor. 12.05.7 Organic: Waste- Improper',Procedure. Contractor is not required to Collect Organic Waste if the Service Recipient does not separate they Organic Waste from Solid Waste and Recyclable Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through commingling with Solid Waste or Recyclable Materials. 3o address contamination, Contractor must follow the steps set forth in Section5.07. 12.05,8 Organic Waste - Changes to Services. Should changes in law arise that necessitate any additions or deletions to the services described in this Section including the type of items included as Organic"Waste, the parties will negotiateany necessary cost changes and will enter into an Agreement amendment covering such modifications to the services to be performed and the compensation to be paid in accordance with Section 30,01.1 before undertaking any changes or revisions to such services. 12:05,9 Compliance with AB 1826 8, SB 1383. Contractor will develop and maintain its Commercial Organic'Waste Collection Service in a manner designed to assist City and Service Recipients to achieve and maintain Compliance with Applicable Law inclusive of AS 1826 and SB 1383. Contractor will notify non-exempt covered businesses of the requirements to comply with the Applicable Law in November 2023, and no less than annually thereafter. Contractor will offer to provide the volume of collection service that covered businesses require to be in compliance with the law. In conjunction with the City's ordinance supporting full compliance with the Applicable Law inclusive of AB 341, SB 1383 and AS 827 by Commercial Service Units (i.e., "generators'), Contractor will conduct in-person outreach to all non -participating non- exempt commercial covered generators as specified in Section 20.02. Failure to conduct such outreach will result in a penalty as specified in Exhibit 6. DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 58 of 128 2097 12.05.10 Additional Organic Waste Collection Containers. Contractor must provide 2098 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided 2099 that additional Collection Containers are used by Service Recipients for the proposes of setting out additional 2100 Organic Waste materials for regular weekly Organic Waste Collection Service. 2101 Article 13. Mixed Use Dwelling Service (MXD) 2102 13.01 MXD Collection Service. As in Section 12.01. 2103 13.02 MXD Solid Waste Collection Service. As in Section 12.03. 2104 13.03 MXD Recycling Service. As in Section 12.04. 2105 13.04 MXD Move In/Out Collection Service. As in Section 10.08.4. 2106 13.05 MXD Organic Waste Collection Service. As in Section 12.05. 2107 13.06 MXD Bulky Waste Collection Services. As infection 10.10; Contractor may charge Service 2108 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1. 2109 Article14, City Services; 2110 14.01 Citv Collection Services. 2111 14.01.1 Contractor shall provide' Garbage, Recycling, and Organic Waste Collection 2112 Services to all City Service Units set forth in Exhibit 3, or as City may designate in the future (and where 2113 applicable, subject to the conditions in this Section), where the Containers are not blocked and are 2114 accessible by Contractc lectio 2115 14;01.2 Bulky Waste Collection Service. Contractor shall collect Bulky Waste , including E- 2116 Waste and Universal Waste, from City Services Units as listed on Exhibit 3 on an on-call basis on the same 2117 terms and conditions as are provided to SFD Service Units per Section 10.10. 2118 14.01.3 City Transit Shelters. Contractor shall provide Garbage collection services to public 2119 trash cans and City -owned bus stops not less than three(3) days per week. Collection service at City Transit 2120 Shelters shall inclyde power washing public trash cans and maintaining cleanliness in and around the trash 2121 cans on an annual basis..City Transit Shelter Garbage collection service areas are specified in Exhibit 3. 2122 14.01.4 Development Review. Contractor, upon City's request, shall assist the City in the 2123 review of applicants' plans for projects covered by Public Resources Code § 42911, including commercial 2124 and multi -family projects, to provide for effective and economical accumulation and collection of Solid Waste. 2125 14.02 City Collection Conditions of Service. City Collection Services shall be governed by the 2126 following terms and conditions: DRAFT AGREEMENT.V1 Page 59 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2127 14.02.1 Contractors Good Will. In exchange for the good will of the City and the general 2128 public, Contractor voluntarily agrees to provide Integrated Solid Waste Handling Services under this Article 2129 at no cost to the City excepting excess service as provided in this Article, and warrants that such service 2130 shall neither impactthe Maximum Service Rates nor be otherwise paid for or subsidized by any other Service 2131 Recipients. 2132 14.02.2 Contractor shall receive written permission from the City before placing any 2133 Collection Containers on City owned property for service, except that no such permission shall be needed 2134 to place Collection Containers at locations specified for such Containers in Exhibit 3. 2135 14.02.3 Contractor shall limit the number of trips and the path of travel for Collection 2136 Vehicles in City parking lots. 2137 14.02.4 Container Service. City Facilities shall be provided Integrated Solid Waste Handling 2138 Services generally subject to the same terms and conditions as similar Service Units regarding Container 2139 specifications, repair, replacement, cleanings, and exchange; provided the City shall not be charged for any 2140 requests for such services. 2141 14.02.5 Frequency of Service. The frequency of collection may be designated by the City, 2142 but not to exceed six (6) times per week per. opr,#ainer. City may $chan a the City Service Units receiving 2143 service, and the container volume and Collection frequency provided to any City Service Unit, by written 2144 notice to Contractor. 2145 Article 15. Additional Services 2146 15.01 Good Corporate Citizenship Programs. Contractor will provide the following good corporate 2147 citizenship programs, partnerships, and collaboration efforts to the Rosemead community. 2148 15.01.1 Collection for City Sponsored Events. Contractor will provide Garbage, Recycling, 2149 and Organic Waste Collection Services at all City sponsored events, including, but not limited to the 4th of 2150 July Event, Moon Festival Event, and Fall Fiesta Event. 2151 15.01.2 Concerts in the Park Title Sponsor. Contractor will be a Title Sponsor for the City's 2152 Concert in & Park annually through the term of the Agreement. 2153 15'01,,3 Unlimited and High Diversion Bulky Item and Street Litter Abatement Program. 2154 Contractor shall provide unlimited and high diversion of all Bulky Waste and a street litter abatement 2155 program. Within one Work Day of a request from the Contractor Administrator, Contractor shall provide 2156 unlimited abandoned waste removal services Contractor shall collect, transport, and deliver abandoned 2157 waste to a Disposal Facility, the Materials Recovery Facility, or Organics Processing Facility, as appropriate 2158 given the characteristics of the abandoned waste. Contractor shall provide unlimited collection, 2159 transportation, and processing of the abandoned waste identified by the City each year at no charge to the 2160 City. Within one Work Day of a request from the Contractor Administrator, Contractor shall provide unlimited 2161 number of Roll -Off Containers to support City's Enforcement Clean-up Services in the Service Area. City DRAFT AGREEMENT.V1 Page 60 of 126 RSV #4862-7000-7619 v1 DRAFT 5/2/2023 2162 shall be responsible for loading or arranging for loading of each Roll -Off Container. Contractor shall collect, 2163 transport, and deliver City Code Enforcement Clean-up Services Garbage, Recyclable Materials, and 2164 Organic Waste to a Disposal Facility, the Materials Recovery Facility, or Organics Processing Facility, as 2165 appropriate given the characteristics of the load at no additional cost to the City. 2166 15.01.4 Compost Giveaways. At no cost to City, Contractor shall provide, at a minimum, 60 2167 tons of compost or mulch, or a combination of the two, for compost giveaways twice per year. City Manager 2168 and Contractor shall agree upon the times and location for these two giveaways. Compost or mulch that 2169 satisfies the definition of recovered organic waste products under SB 1383 shajk .bsed to satisfy the City's 2170 SB 1383 procurement requirements. 2171 15.01.5 Paper Shred Days. Two times per Calendar Year, at no additional cost to the City 2172 or its residents, Contractor shall conduct a free paper shredding event at a location and time agreed upon 2173 by the Parties. At each event, all City residents will be permitted to deliver an unlimited amount of paper for 2174 shredding free of charge by Contractor. Contractor shall arrange for all shredded paper generated by each 2175 event to be processed in such a manner so as to ensure the diversion of this material from landfilling. 2176 15.01.6 Residential Recycling Rewards Programa Contractor shall raffle gift cards on a 2177 quarterly basis to residents who participate r0a recycling survey available through the city website. The 2178 rewards program shall be advertised on �" 1,;A00octoes website; at community events, and at the 2179 Contractor's local office. 2180 15.01.7 Public Education and Outreach. Contractor shall provide public education and 2181 outreach to residents and busmesses,in the City thrpugh quarterly newsletters, semi-annual billing inserts, 2182 commercial and multi -family recycling workshops,, and technical assistance. Outreach and education 2183 services are further described in Exhibit 11. 2184 15.01.8 Rosemead High School Scholarship Program. Contractor shall develop a school 2185 outreach program including, at a minimum, the sponsorship of five (5) annual academic scholarships of one 2186 thousand dollars ($1;000) each for, high school students that reside in the City and are interested in 2187 environmental sciences and sustainability issues; five (5) annual athletic scholarships of one thousand 2188 dollars ($1,000) each for high ;school students that reside in the City and are interested in environmental 2189 sciences and,sustainabllity issues; and five (5) annual trade/certification scholarships of one thousand 2190 dollars ($1,mpyeach for highschool students that reside in the City and are interested in environmental 2191 sciences and susfainabillty issues. The scholarships shall be awarded based on an essay contest which 2192 shall be judged jointly `hy Contractor and City. 2193 15.01.9 Soonsorship Fund. Funds provided by Contractor forcommunity sponsorships shall 2194 be at least $13,500 annually. Sponsorships shall support organizations such as National Night Out and 2195 backpack giveaways, Rosemead non -profits, and Rosemead Education Foundation and Garvey Education 2196 Foundation. DRAFT AGREEMENT.V1 Page 61 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 2197 Article 16. Collection Routes 2198 16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2199 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2200 16.02 Initial Route Changes. Contractor agrees not to change any Residential Integrated Solid 2201 Waste Handling Services routes in effect as of the Effective Date of this Agreement prior to July 1, 2024, 2202 except for limited route changes that may be necessary for new development, and subject to review and 2203 approval by the City. After July 1, 2024, if any re-routing of Residential Integrated Solid Waste Handling 2204 Services is necessary for collection efficiency, Contractor may submit to City, in writing, proposed route 2205 changes (including maps thereof) not less than sixty (60) calendar days .prior to the proposed date of 2206 implementation. Any such initial routing change may not affect more than ten percent (10%) of SFD Service 2207 Units in the City and is subject to City review and approval. 2208 16.03 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2209 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2210 implementation. Contractor may not implement any route changes without the prior review of the Agreement 2211 Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify 2212 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date 2213 of implementation. 2214 16.04 Collection Route Audits. City reserves the right to conduct audits of Contractor's Collection 2215 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2216 agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits. 2217 Contractor has no responsibifity`or liability,for the salary;wages, benefits or worker compensation claims of 2218 any person designated by the Agreement Administrator to conduct such audits. 2219 Article 17. Minimum Performance Standards 2220 17A1 Billing Audit and Performance Reviews. 2221 17.01.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2222 to determine. that the amount wiph the Contractor is billing each Customer is correct regarding the level of 2223 service (i.e., frequency of collection, size of container, location of container) at the rates approved by City 2224 Council resolution. The Contractor shall review Customer accounts not less than annually and provide a 2225 written certification to the,Ci`ty that all such billing is correct. The documentation of the review, as well as 2226 verification that any errors have been corrected should be provided to the City annually. 2227 17.01.2 Selection and Cost. City may conduct billing audit and performance reviews 2228 (together, "reviews") of Contractor's performance during the term of this Agreement, as provided herein. The 2229 reviews will be performed by the City or a qualified firm under contract to City. City will have the final 2230 responsibility for the selection of the firm. City may conduct reviews at any time during the term of the 2231 Agreement. City and Contractor agree to each pay one hundred -percent (100%) of the cost of the audits 2232 and performance reviews provided for under Section 17.01. DRAFT AGREEMENT.V1 Page 62 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2233 17.01.2.1 Full Reviews During Term. City may conduct two (2) full reviews 2234 with costs apportioned as stated in Section 17.01.2 during the I Term of this Agreement. The purpose of 2235 these full reviews will be as described in Section 17.01.3 below. 2236 17.01.3 Purpose. The reviews will be designed to verify that customer billing rates have 2237 been properly calculated and they correspond to the level of service received by the customer, verify that 2238 Contractor is correctly billing for all services provided, Franchise Fees and other fees required under this 2239 Agreement have been properly calculated and paid to City, verify Contractor's compliance with the reporting 2240 requirements and performance standards of this Agreement, verify the diversion percentages reported by 2241 Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize 2242 a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2243 documents, on-site and field observations, and interviews. City (or its designated consultant) will review and 2244 document the items in the Agreement that require Contractorto meetspecific performance standards, submit 2245 information or reports, perform additional services, or document operating procedures, that can be 2246 objectively evaluated. This information will be documented and be formatted in a °complia ecldist" with 2247 supporting documentation and findings tracked for each ofthe identified items. The review will specifically 2248 include a determination of Contractor's compliance with thediversionrequirements of Article 8, and the 2249 public outreach and education requirements of Article 20. City (or its designated consultant) may review the 2250 customer service functions and structure utilized by Contractor. This may include Contractors protocol for 2251 addressing customer complaints and serviceIrrerruption Procedures. Complaint logs may be reviewed, 2252 along with procedures and systems for tracking and addressing complaints. On-site and field observations 2253 by City (or its designated consultant) may include, but are not necessarily limited to: 2254 17.01.3:1 Interviews and discussions with Contractors administration and 2255 management personnel; 2256 17.01.3.2 Review and observation of Contractors customer service functions 2257 and structure; 2258 17.01.3.3 Review of public education and outreach materials; 2259 17.01.3.4 Interviews and discussions with Contractors financial and accounting 2260 personnel; 2261 17.01.3.5 Interviews with route dispatchers, field supervisors and managers; 2262 '17.01.3.6 Interviews with route drivers; 2263 17.01.3.7 Interviews with vehicle maintenance staff and observation of 2264 maintenance practices; and 2265 17.01.3.8 Review of on -route Integrated Solid Waste Handling Services, 2266 including observation of driver performance and collection productivity 2267 and visual inspection of residential routes before and after collection 2268 to evaluate cart placement and cleanliness of streets. DRAFT AGREEMENT.V1 Page 63 of 128 RIV #4862-7000-7618 vt DRAFT 5/2/2023 2269 17.01.4 Contractor's Cooperation. Contractor shall cooperate fully with the review and 2270 provide all requested data, including operational data, financial data, and other data reasonably requested 2271 by City within fifteen (15) Work Days of the request. 2272 2273 2274 2275 2276 2277 2278 2279 2280 2281 2282 2283 2284 2285 2286 2287 2288 2289 2290 17.01.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this Agreement and such non-compliance is material, Contractor is subject to administrative fees and penalties as described in Exhibit 6 as well as reimbursement to the City for the full cost of the audit plus any underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit and Performance Review beyond the two (2) specified in Section 17.01.2, to ensure that Contractor has cured any such area of non-compliance. Contractor will be responsible for the cost of such Additional Billing Audit and Performance Review for a maximum cost of One -hundred Twenty Thousand Dollars ($120,000) (starting on July 1, 2024 and each January 1s' thereafter, with the. maximum cost for the review adjusted annually by the change in the CPI). For the purposes of a determination of non-compliance under this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed material. 17.01.6 City Requested Program Review.- City reserves the right to require Contractor to periodically conduct reviews of the Garbage, Recycling, and Organic Waste Collection Service programs, provided that such reviews are reasonable andcan be accomplished at no additional cost to Contractor and without interfering with Contractor's operatidwviews cou ess one or more of the following ..., > performance indicators: average volume of Reeyclabie Materials per setout per customer, average volume of Organic Waste per setout per customer, parties evaluation review, City and Contractor will meet method, scope, and data to be provided by Conti levels, etc. Prior to the program the purpose of the review and agree on the 2291 17.02 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 2292 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2293 investigate customer participation levels and setout volumes and/or evaluate and monitor program results 2294 related to Garbage, Recyclable Materials and Organic Waste collected in City by Contractor, provided that 2295 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 2296 Contractor% operations. 2297 Article 18. Collection Equipment 2298 18.01 ''General Provisions. All equipment used by Contractor in the performance of services under 2299 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2300 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be 2301 designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers must 2302 be closed on top and on all sides with screening material to prevent collected materials from leaking, blowing 2303 or falling from the vehicles. All trucks and containers must be watertight and must be operated so that liquids 2304 do not spill during Collection or in transit. DRAFT AGREEMENT.V1 Page 64 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2305 18.02 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use compactor 2306 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2307 gases from pressurized appliances. 2308 18.03 Collection Vehicles. Contractor must use Collection Vehicles as listed in the schedule 2309 included in Exhibit 5 and may not use any Collection Vehicle that is more than ten (10) years old during the 2310 term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its 2311 address within the City, and shall report all purchases of Collection Vehicles under this Agreement as 2312 attributable to the City for sales tax purposes. Collection Vehicles must utilize lgffptbon ("alternative') fuel, 2313 which must be renewable natural gas, LNG, CNG, or electric unless otherwise pre- authorized by the City in 2314 writing. Contractor shall transition all of its franchise residential and commercial collection vehicles to 2315 renewable natural gas (RING) by December 31, 2025. If during the term of the Franchise Agreement, new 2316 technologies are available such as hybrid or electric powered collection vehicles, the City or the Contractor 2317 may request/negotiate implementation of such new collection vehicles, with a corresponding change to the 2318 Maximum Service Rates to reflect additional cost or savings. During the Term, to the extent required by law, 2319 Contractor shall provide its Collection Vehicles to be in full compliance with all Applicable Laws, including 2320 State and Federal clean air requirements that are adopted or proposed to be adopted, including, but not 2321 limited to, the California Air Resources Board Heavy Duty Engine Standards as currently proposed to be 2322 contained in California Code of Regulations, b9ftaections 2020" ., the Federal EPA's Highway Diesel 2323 Fuel Sulfur regulations and all other applicable air'pollution control laws. 2324 18.04 Collection Vehicle Technology. Contractor..must use .Collection Vehicles fitted with GPS 2325 tracking devices that can be used,to record start and stop times, vehicle locations, and maximum speed. 2326 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary 2327 for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection 2328 Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped, 2329 to document violations, including contamination ,overfilling, and lids not closed. GPS and camera data must 2330 be accessible by City. 2331 18,05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use 2332 any Collection Vehicle in violation of weight limitations in Applicable Law including any weight limitation placed 2333 on any public roadway or alley,as adopted and posted by City. The Contractor may exceed the Collection 2334 Vehicle size li(nitation for a limited time due to extraordinary circumstances or conditions with the prior written 2335 consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor must report 2336 all instances ofoverwgightvehicles to City as partof its quarterly Franchise Fee submittal described in Section 2337 4.03, and as part of its Annual Reports to the City described in Section 22.03. Contractor may be assessed 2338 administrative charges as specified in Exhibit 6 as a result of exceeding an overweight vehicle rate of five 2339 percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight vehicle rate will be 2340 calculated as the total number of overweight Collection Vehicle instances during the Calendar Year, divided 2341 by the total number of Collection Vehicle loads transported during the Calendar Year. Prior to collecting 2342 administrative charges for overweight vehicles, the City shall afford Contractor a reasonable opportunity to 2343 provide the Agreement Administrator documentation of the extraordinary circumstance that caused the 2344 overweight vehicles. Extraordinary circumstances in this particular case include, but may be limited to, heavy DRAFT AGREEMENT.V1 Page 65 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2345 rains or high winds that caused excess Green Waste to be generated, rain to accumulate in open Collection 2346 Containers, or normal Collection routes to be delayed or shortened to extreme weather conditions. The 2347 Agreement Administrator shall have authority to consider Contractors documentation and uphold and collect 2348 the assessed charge, to reduce the charge, or waive and dismiss the charge. The Agreement Administrator 2349 shall also have the authority to waive charges in advance of an anticipated, or in response to and actual, 2350 emergency event. 2351 18.06 Registration: Inspection. All vehicles used by Contractor in providing Integrated Solid 2352 Waste Handling Services under this Agreement, except those vehicles used solely on Contractors premises, 2353 are to be registered with the California Department of Motor Vehicles. In addition, each such vehicle must be 2354 inspected by the California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of 2355 a request from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance 2356 log and any safety compliance report, including, but not limited to, any report issued under California Vehicle 2357 Code sections 34500 and following, as well as the biennial " inspections concludboft the California 2358 Highway Patrol 2359 18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2360 markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and 2361 warning flags. All such safety markings must be in accordance with the,requirements of the California Vehicle 2362 Code, as may be amended from time to time 2363 18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2364 repetition and must have Contractor's name, Contractors customer service telephone number, and the 2365 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2366 the rear of each vehicle. ection VWes shall ay the words "Servicing the City of Rosemead" 2367 in letters no less than t4shes (2') higo and the City Seal. No advertising is permitted other than the name 2368 of Contractor, its logo and registered service marks, except promotional advertisement of the Recyclable 2369 Materials and Organic Waste programs, which is encouraged. City to approve any promotional material of 2370 the Recyclable Materials and Organic Waste Programs affixed to or painted on Contractors Collection 2371 Vehicles and may require such promotion to be utilized from time to time to encourage correct recycling, 2372 reduce contamination, and provide relevant: education. Contractor must repaint all vehicles (including vehicles 2373 striping) during the term of this Agreement on a frequency as necessary to maintain a positive public image 2374 as reasonably determined by the. Agreement Administrator, but not less often than once every five years. 2375 18.09 'Bin and Rolloff Sianage. Painting, and Cleaning. All metal bins and Roll -offs of any service 2376 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll -offs must 2377 display Contractors name, Contractors customer service telephone number, and the number of the Bin or 2378 Roll -off and must be kept in a clean and sanitary condition. Bins and Roll -offs should be free of dents and 2379 graffiti, new at the start of this Agreement, and painted as needed to maintain an orderly appearance 2380 throughout the term of the Agreement, but not less frequently than once every three years. Bins and Roll -offs 2381 may be subject to periodic, unscheduled inspections by City and determination as to sanitary condition will 2382 be made by City. DRAFT AGREEMENT.V1 Page 66 of 128 RSV #4862-7000-7619 v1 DRAFT 5/2/2023 2383 18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2384 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2385 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2386 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California 2387 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2388 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2389 and reports available for inspection upon request by the Agreement Administrator. 2390 18.10.1 No later than annually, Contractor must submit to the Agreement Administrator 2391 verification that each of the Contractors Collection Vehicles has passed the California Heavy Duty Vehicle 2392 Inspection. Thereafter, Contractor must cause each vehicle in ContractoesCollection fleet to be tested 2393 annually in the California Heavy Duty Inspection Program and must, upon request, submit written verification 2394 to City within ten (10) Work Days of the completion of such test. Contractor may not use any vehicle that 2395 does not pass such inspection. 2396 18.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean 2397 condition and in good repair at all times. All parts and systems of the Collection equipment must operate 2398 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles 2399 at least once a week. 2400 18.12 Maintenance Log. Contractor . must maintain a maintenance log for all Collection Vehicles. 2401 The log must at all times be accessible to City by physical inspection upon request of Agreement 2402 Administrator, and must show, at a minimum, each v;lcle'Contractotassigned identification number, date . 2403 purchased or initial lease, dates of performance tine dates of performance of any 2404 additional maintenance, and description of additional mail tenance performed. 2405 18.13 Equipment Inventor. On or befofe January 1, 2024, Contractor shall provide to City an 2406 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2407 performance of services under this„Agreement. The inventory must indicate each Collection Vehicle by 2408 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of 2409 fuel used, the type and capacity,of each vehicle, the number of vehicles by type, the date of acquisition, the 2410 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement 2411 Administrate ,.either by fax or e -frail, an updated inventory annually to the City or more often at the request 2412 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as 2413 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied 2414 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement. 2415 18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2416 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2417 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2418 contractual duties. 2419 18.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate with the 2420 City to meet its Recovered Organic Waste Product procurement target, as defined in and required by DRAFT AGREEMENT.V1 Page 67 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 2421 Applicable Law. In support of that objective the City will receive any applicable SB 1383 Recovered Organic 2422 Waste Product procurement credits for all RNG used by the Contractor to power Contractor's Collection 2423 vehicles as allowed by the Applicable Law and within the time provided therein. 2424 Article 19. Contractor's Office 2425 19.01 Contractor's Office. Contractor shall maintain an office in the City of Rosemead, California 2426 that is accessible to persons with disabilities as required by the Americans with Disabilities Act (ADA). Such 2427 office must be equipped with enough telephones that all Collection Service -related calls received during 2428 normal business hours are answered by an employee within five (5) rings. The office must have responsible 2429 persons in charge during Collection hours and must be open during such normal business hours, 7:00 a.m. 2430 to 6:00 p.m. on Monday through Friday and Saturday from 8 a.m. to 12 p.m. and during Collection Service 2431 hours. Contractor must provide either a local or toll-free telephone number that connects to the call center 2432 described in Section 19.02, and a telephone answering service or mechanical device to receive Service 2433 Recipient inquiries during those times when the office is closed. Calls received after normal business hours 2434 must be addressed the next Work Day morning. 2435 19.02 Customer Service Call Center. Contractor mustmaintain a Customer Service call center 2436 within the United States. Such office must be,equipped with enough,: telephones that all customer service - 2437 related calls received during normal business hours, 7:00 a.m to 6:00,p.m. on Monday through Friday and 2438 Saturday during Collection Service hours from -8 a.m. to 12 p,m., are answered by an employee within five 2439 (5) rings. 2440 19.03 Emergency Contact. Contractor, must provide the Agreement Administrator with an 2441 emergency phone number where the Contractor can be reached outside of the required office hours. 2442 19.04 Multilindual/TDD Service. Contractor must always maintain the capability of responding to 2443 telephone calls in English Spanish Mandarin, Vietnamese, and such other languages as City may direct. 2444 Contractor must always.. maintain the capability of responding to telephone calls through Telecommunications 2445 Device for the .Dset (TDD). Services. 2446 19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2447 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record all 2448 calls including any inquiries, service requests and complaints into a customer service log. 2449 19 05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2450 Any call "on -hold" in 646 of 1.5 minutes must have the option to remain "on -hold" or request a "call-back" 2451 from a customer service representative. Contractor's customer service representatives must return Service 2452 Recipient calls. For all messages left before 3:00 p.m., all "call backs" must be attempted a minimum of one 2453 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all "call backs" must be 2454 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three 2455 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service 2456 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service DRAFT AGREEMENT.V1 Page 68 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2457 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the 2458 Contractor has attempted to return the call. 2459 Article 20. Contractor Support Services 2460 20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least two 2461 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct 2462 site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion 2463 requirements and to meet State mandates associated with Applicable Law and all amendments and related 2464 subsequent legislation. The Sustainability/Compliance Representatives shall be available as needed to meet 2465 with the City and conduct site visits to implement Recycling and Organics programs in the Service Area at 2466 least four days a week throughout the year. City may request monthly meetings with Contractor to discuss 2467 problems or issues such as Collection or Recycling programs, Billing or Service Recipient service issues, and 2468 day to day operations. City and Contractor agree to meet and confer to reevaluate the ongoing need for two 2469 dedicated full-time Sustainability/Compliance Representatives on or around August 1, 2025. 2470 20.02 Sustainability and Compliance Plan. Contractor, at its: own expense, must prepare, submit 2471 and implement an annual (Calendar Year) Sustainability and Compliance Plan ("Plan"), which will guide 2472 Contractors staffs' work efforts. This Plan will include measures to meet diversion targets, increase diversion, 2473 and increase participation of Service Recipients in recycling and organics diversion programs, and should 2474 target certain Recyclable Materials or "prob ; arm(. including recycling and organics sorting and 2475 contamination, within Contractors Service Area i*re improvements can be maximized. Planned outreach 2476 and education services, and outreachmaterials should beincluded as part of the Plan and updated annually. 2477 Targets of outreach should be based on local trends and recycling patterns from data obtained by both the 2478 City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education 2479 services throughout the term of this Agreement by providing outreach materials to Service Recipients 2480 electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to the 2481 Commencement Date and by July 1st each year thereafter for the term of the Agreement. City shall review 2482 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final 2483 Plan to City-bySeptember 1, 2023 for first year and then each year thereafter for the term of the Agreement. 2484 Cont Plan is provided in Exhibit 10. The Sustainability and Compliance Plan must include the 2485 following: 2486 20.02.1 City -Specific Website. Contractor shall maintain a City -specific website that fully 2487 explains the Co* rs current services and rates, the diversion options available, and allows Service 2488 Recipients to submit service changes, inquiries, complaints or queries. The website must describe and 2489 promote the use of the available Recyclable Materials and Organics services. Contractors local website 2490 must provide information specific to the City's programs. Contractor will ensure that information provided on 2491 the website is maintained and up-to-date. Content will include proper container set out, educational 2492 materials, newsletters and program descriptions. Website shall be in English, Spanish, Mandarin, and 2493 Vietnamese. 2494 20.02.2 Recycling Resources. Contractor shall maintain accurate list of recyclable materials 2495 on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, collaborate, DRAFT AGREEMENT.V1 Page 69 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 2496 and coordinate its recycling outreach and educational materials and activities with the City and incorporate 2497 the City's input on the Contractor's recycling resources and programs. 2498 20.02.3 School Education and Outreach. Contractor shall develop and utilize a program to 2499 educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational 2500 information should include brochures, school resources such as recycling curriculums, kid's activity flyers, 2501 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational 2502 material, and conduct onsite outreach annually to all school campuses in the franchise area. Materials must 2503 be approved by City before distribution. Examples include: Recyclable Materials list, Recycling tips, battery 2504 and bulb education, Food Waste collection and donation, and HHW education. Educational material shall 2505 be distributed to campuses by mail and/or in person on or before September 301h annually, and site visits 2506 must be completed by November 30t1. 2507 20.02.4 MORe Compliance Notices. Contractor shall send Mandatory Organics Recycling 2508 (MORe) compliance notices quarterly to all eligible Commercial entities and MFDs/MXDs that do not 2509 subscribe to Organic Waste Collection Service with the Contractor, and/or do not provide an alternate 2510 method for Diverting Organic Waste, in conformance with Applicable Law, including SB 1383 and AB 1826. 2511 These notices shall also notify businesses of requirements under AB 827. Contractor shall mail notifications 2512 quarterly on or before the last day of the month,tollowing the end of the quarter. 2513 20.02.5 MCR Compliance Notices. Contractor shall send Mandatory Commercial Recycling 2514 (MCR) compliance notices quarterly to all eligible Commercial entifias and MFD's that do not subscribe to 2515 recycling collection service with the Contractor, and/or do not provide an alternate method for diverting 2516 recyclable materials, in conformance with AB 341. These notices shall also notify businesses of 2517 requirements under AB 827.Contractor shall mail notifications quarterly on or before the last day of the 2518 month following the end of the quarter. 2519 20.02.6 MORe Site Visits. Contractor shall conduct site visits to all eligible Commercial 2520 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2521 businesses that subscribe to Organics Collection Service and every year for businesses that do not 2522 subscribe to organics collection service in conformance with SB 1383 and AB 1826. Contractor shall conduct 2523 visits on:oubefore June 30'1. 2524 20.02.7 MCR,.Site Visits. Contractor shall conduct site visits to all eligible Commercial 2525 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2526 businesses that subscribe to Recycling Collection Service and every year for businesses do not subscribe 2527 to Recycling Collection'5ervice with the Contractor. Contractor shall conduct visits on or before June 30'1. 2528 20.02.8 Waste Audits. Contractor shall complete Recycling and Solid Waste audits for 2529 twenty (20) Commercial or MXD Service Recipients per month and provide recommendations to customers 2530 on how to improve overall resource efficiency. 2531 20.02.9 Comoliance Reporting. Contractor shall report contaminations and overage issues 2532 via the City's Waste Reporting System. DRAFT AGREEMENT.V1 Page 70 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/1023 2533 20.02.10Right-sizing Containers. Contractor must right -size Collection Containers to 2534 maximize diversion from SFD, MFD, MXD and Commercial Service Recipients. 2535 20.02.11 Education and Outreach Materials. Contractor must implement public education 2536 and outreach in conformance with Applicable Law and in coordination with the City. Contractor shall attend 2537 public events and host booths to promote recycling education and awareness. Contractor will work with City 2538 to identify which special events will be attended. Contractor, together with City, shall work with local media 2539 to ensure information on new programs, events, recycling, organics etc. is communicated to the community. 2540 Contractor shall use a variety of options such as local paper, news, websites, social media, Homeowners 2541 Associations, schools and civic groups to distribute information and education about City solid waste and 2542 recycling programs, and events. Contractor shall distribute educational material to Service Recipients a 2543 minimum of once a quarter by mail or electronically. All educational and outreach materials shall be provided 2544 in English, Vietnamese, Chinese, and Spanish Languages. These materials should include tips on recycling 2545 properly, use of organics containers, composting, battery and electronics education, prevention of 2546 contamination issues, proper Collection Container placement, resource information, and HHW education. 2547 20.02.12Service Recipient Personnel Training. Contractor shall advise and educate 2548 appropriate personnel (management, employees, janitors, etc:); at MFD/MXD and Commercial Service Units 2549 on methods and recommendations to increase: recycling and decrease landfilling including best practices for 2550 recycling, waste reduction and availability and, se of in-house recycling containers. 2551 20.02.13 Available Services Notice andInformation. At least annually Contractor must 2552 publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of 2553 services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected, (ii) 2554 procedures for setting out materials, (iii) the days when Garbage Integrated Solid Waste Handling Services, 2555 Recycling Services, and Organic Waste Integrated Solid Waste Handling Services will be provided, (iv) 2556 Contractor's local Gusto rvicl lhstructions on the proper filling of Containers, (vi) 2557 instructions as to what materials may or may not be placed in Recyclable Materials or Organic Waste 2558 Containers, (vii) how to select Container sizes to maximize diversion, (viii) participation in Recycling and 2559 Organic Waste programs, (ix) the fees for overage and Contamination in the event of non-compliance, (x) 2560 the availability of on -premises Integrated Solid Waste Handling Services, including the availability of no - 2561 charge on -premises Integrated Solid Waste Handling Services for qualified persons, (xi) Bulky Waste 2562 Integrated Solid Waste Handling Services, (xii) the dates and locations of Neighborhood Cleanup days, and 2563 (xiii) the dates and locations of Free Bulky Waste Drop-off days. The notice must be provided in English, 2564 and other languages,as directed by the City, and must be distributed by Contractor no later than February 2565 1st of each year. 2566 20.02.14Approach to Meetina City's Diversion Requirements Contractor must document 2567 approach to meeting City's diversion requirements by specific diversion program type (SFD, MFD, 2568 Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific and 2569 public education programs. This must include an implementation schedule showing the specific programs 2570 and tasks, milestones, and time frames for meeting the diversion requirements. DRAFT AGREEMENT.V1 Page 71 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 2571 20.02.15Tonnage Table. Contractor must provide as part of the Plan, a tonnage table 2572 segregated by SFD, MFD, MXD, Commercial, and Additional Services that estimates tonnages for 2573 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for 2574 each calendar year of the Franchise Agreement. 2575 20.02.16 Environmental Stewardship. Contractor must describe all environmental 2576 management policies and activities related to the solid waste collection service, including the use of 2577 alternative fuel vehicles, reduction of air emissions and wear and tear on the City:p streets, use of recycled 2578 products throughout operations, internal waste reduction and reuse protocol, water and resource 2579 conservation activities within facilities (design, construction and operation), compliance with laws governing 2580 e -waste, HHW, and u -waste, and use of non-toxic products when possible. 2581 20.03 News Media Relations. Contractor will work with local media to ensure information is 2582 communicated to community (new programs, events, recycling information, etc.). Contractor to use options, 2583 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the 2584 Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services 2585 covered under this Franchise Agreement within one (1) Wo of C ors receipt of the request. When 2586 practicable, before responding to any inquiries involving controversial issues or any issues likely to affect 2587 participation or customers perception of servj"Contractor wiXftuss Contractor's proposed response 2588 with the City Agreement Administrator. 2589 20.04 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling 2590 and/or Organic Waste programs tifying "regi stars° fdMcognibon at a City Council meeting 2591 during each November, beginning -November 2024 2592 20.05 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or 2593 phone of all requests for news media interviews related to the services covered under this Agreement within 2594 one (1) Work Day of ContradRaigoot of the reVHhen practicable, before responding to any inquiries 2595 involving controversial Dies ossues likely to affect participation or Service Recipient's perception of 2596 services, qf#nctor wi . CdWors proposed response with the Agreement Administrator. 2597 20.05.1 Copies of draft news releases or proposed trade journal articles that use the name 2598 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2599 prior review anB;approval at least five (5) working days in advance of release, except where Contractor is 2600 required by any Applicable Law to submit materials to any regulatory agency in a shorter period of time, in 2601 which case Contra submit such materials to City simultaneously with Contractors submittal to such 2602 regulatory agency. 2603 20.05.2 Copies of articles resulting from media interviews or news releases that use the 2604 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2605 after publication. DRAFT AGREEMENT.V1 Page 72 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2606 20.06 Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics 2607 Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. Stickers 2608 must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12). 2609 20.07 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2610 the City's Edible Food Recovery program as required under SB 1383. Contractor support may include 2611 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2612 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste 2613 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting 2614 site visits, and distributing materials. 2615 20.08 Programs and Services. Contractor must provide additional educational and outreach 2616 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2617 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2618 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2619 other vendors or contractors to provide the requested service. 2620 20.09 Operations Plans. Contractor must adhere to the. Transition Plan included as Exhibit 5, 2621 Customer Service Plan included as Exhibit 7, and Collection Service_ Operations Plan included as Exhibit 8 2622 that present the specific collection and processing programs that will be implemented in the City. 2623 Article 21. Emergency Service 2624 21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2625 flood, tornado, other natural or man-made disaster, or other such emergency event (collectively 'Emergency 2626 Event), the Agreement Administrator may grant the Contractor a variance from regular routes and schedules, 2627 which will not be withheld unreasonably. As soon as practicable after such Emergency Event, Contractor 2628 must advise the Agreement Administrator when it is anticipated that normal routes and schedules can be 2629 resumed. The Agreement Administrator will try through the local news media to inform the public when regular 2630 services may be resumed. The clean-up from some Emergency Events may require that Contractor hire 2631 additional equipment, employ; additional personnel, or work existing personnel on overtime hours to clean 2632 debris resulting from the event. Contractor will receive additional compensation, above the normal 2633 compensation contained in this Agreement, to cover the costs of rental equipment, additional personnel, 2634 overtime hours acid other documented expenses based on the rates set forth in Exhibit 1 provided Contractor 2635 has first secured written authorization and approval from City through the Agreement Administrator. City will 2636 be given equal priority'and access to resources as with other franchise jurisdictions held by Contractor or its 2637 affiliates. 2638 21.02 Emergency Event Planning . Within sixty (60) days from a request by City, Contractor shall 2639 prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service 2640 and Collection of debris following an Emergency Event. The Emergency Event plan shall address 2641 arrangements to provide needed vehicles and personnel, priorities for cleanup at critical facilities, and 2642 procedures for reimbursement for costs, describe communication plans, list key contact persons, and provide 2643 maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the landfill. DRAFT AGREEMENT.V1 Page 73 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2644 Contractor shall coordinate the plan with City's emergency service teams. The draft plan shall be presented 2645 to the City Manager for consideration and approval. The final plan shall be distributed to those employees of 2646 Contractor and City who would have a role in implementing upon the occurrence of an Emergency Event. 2647 2648 2649 2650 2651 2652 2653 2654 2655 2656 2657 2658 2659 2660 2661 2662 2663 2664 2665 2666 2667 2668 2669 2670 2671 2672 2673 2674 2675 2676 2677 2678 2679 21.03 Emergency Event Recovery Support. In the event of an Emergency Event, Contractor agrees to provide recovery support upon request by Agreement Administrator. This may include additional hauling of debris, special handling such as wrapping waste in plastic (i.e., "burrito wrapping"), temporary storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and documentation of debris type, weight, and diversion. Contractor should follow protocol laid out in the County's Operational Area Mass Debris Management Plan (Annexto the Operational Area Emergency Response Plan) and any subsequent County or City Disaster Debris Plans, as applied to solid waste hauling and handling. Article 22, Record Keeping and Reporting Requirements 22.01 Record Keeping. Notwithstanding Article 47 herein: 22.01.1 Accounting Records. Contractor must maintain full, complete and separate financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Integrated Solid Waste Handling Services, prepared on an accrual basis in accordance with generally accepted accounting , principles. Such records will be subject to audt,.cppy, and inspection.. for the purposes set forth in Section 17.01.3. Gross Revenues derived from provision of the integrated Solid Waste Handling Services, whether such services are performed by Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of Contractor. The Contractor le I Agreement, and for a period of not less `than four (4) yea full, complete and accurate 'records including all cash, Agreement. preserve, during the Term of this s following expiration or other termination hereof, billing and disposal records, as indicated in the 22.01 1.1 City reserves the right to request audited, reviewed, or compiled financial statements preparedby an independent Certified Public Accountant, or as may be provided by Contractor or its parent company. In the event that Contractor does not maintain separate financial or accounting records prepared. specificallyfor services provided under this Agreement, Contractor may use industry standard allocation methods to provide financial information as applicable to the service provided under this,Agreement. 22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities of (i) Residential, MFD; MXD and Commercial Solid Waste Collected and disposed under the terms of this Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type, Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under the terms of this Agreement 22.01.3 Other Records. Contractor must maintain all other records reasonably related to provision of Integrated Solid Waste Handling Services, whether or not specified in this Agreement. DRAFT AGREEMENT.V1 RIV#4862-7000-7618 vi DRAFT 5/2/2023 Page 74 of 128 2680 22.01.4 Failure to Report. The refusal of Contractor to file any of the reports required, or 2681 the inclusion of any materially false or misleading statement or representation made knowingly by Contractor 2682 in such report, shall be deemed a material breach of this Agreement and shall subject Contractor to all 2683 remedies, legal or equitable, which are available to City under this Agreement or otherwise. 2684 22.01.5 Report Format. All reports to be submitted in a format approved by the City, 2685 including electronic data submission in the City's Waste Reporting System and in a format specified by the 2686 City. 2687 22.02 Quarterly Reporting. 2688 22.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last 2689 day of the month following the end of Quarter in which the receipts are collected and must be provided 2690 electronically using software acceptable to the City. If the last day of the month falls on a day that City is 2691 closed or a holiday, then the report will be due on the next business day. Failure to submit complete quarterly 2692 reporting by the due date will result in penalties as specified in Exhibit 6. 2693 22.02.2 City Reports. Quarterly reports to City. must include: 2694 22.02.2.1 Quarteriv Payment Reporting. The payment report must include 2695 an accounting of Contractor's Gross Revenuas received during the 'preceding Quarter, and the calculated 2696 Franchise Fee and Marketing and Sales of Recyclable Materials Payment. 2697 22.022.2 Franchised Tonnage and Service Data. Contractor must report the 2698 number of unique SFD and MFD accounts serviced, the number of unique Commercial, MXD, and City 2699 accounts serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed 2700 for diversion broken down by Container type, Residual amounts from Recycling and Organic Waste 2701 Diversion operations that are landfilled Qiantities should be broken down by SFD, MFD, MXD, 2702 Commercial, and City Service Integrated Solid Waste Handling Services. MXD properties must have 2703 tonnage assigned appropriately to Residential and Commercial generators. 2704 22.02.2.3Overweight Vehicle Reporting. The quarterly report must include 2705 a summaiyptal of all instances of overweight Collection Vehicles. This summary must include the number 2706 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2707 transported duringfhe reported quarter. 2708 22.02.2.4 Non -Collection. The quarterly report must include a summary of 2709 each Service Unit receiving a Non -Collection Notice in the previous quarter along with a description for the 2710 Non -Collection Notice. 2711 22.02.2.5 On -hold. The quarterly report must include each Service Unit that 2712 was not billed in the previous quarter. 2713 22.02.2.6 Collection Overage Charges. The quarterly report must include 2714 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter. DRAFT AGREEMENT.V1 Page 75 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 2715 22.02.2.7 Contamination Reporting. To the extent required by Applicable 2716 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2717 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2718 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2719 a list of accounts where such notices occurred, and the total number of instances where Collection 2720 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20) 2721 Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and 2722 the digital documentation of contamination. 2723 22.02.2.8 Service Recipient Complaint Log. The quarterly report must 2724 include the Service Recipient call log collected from the previous quarter. -` - 2725 22.03 Annual Reporting. 2726 22.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January 2727 31, 2024 and each January 3V thereafter for the previous Calendar Year. If January 31' falls on a day that 2728 City is closed, then the report will be due on the next business day. Annual reports must be submitted 2729 electronically in software acceptable to the City. Failure to submit. complete annual reporting by the due date 2730 will result in penalties as specified in Exhibit 6: Annual reports to City must include: 2731 22.03.1.1 Financial Statements. Contractor must submit annual financial 2732 statements for the local operation. Statements need not be reviewed or audited statements. 2733 22.03.1.2''' Annual Sustainability and Compliance Report. Contractor must 2734 complete and submit data sections within their Sustainability and Compliance Plan to document education 2735 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2736 waste audits completed, information distributed, and media used, and community events hosted. This must 2737 include public education activities undertaken during the year, including distribution of bill inserts, collection 2738 notification tags, community information and events, tours and other activities related to the provision of 2739 Integrated Solid Waste Handling Services, and must discuss the impact of these activities on recycling 2740 program participation and Include amounts collected from SFD, MFD, MXD, Commercial, and City Service 2741 Units. The report should include a complete list of all non-exempt commercial accounts, which includes 2742 each non-exempt account's sos as a'covered generator' under AB 341, AB 1826 and SB 1383, the date 2743 and status of contractor's DO ch efforts at each non-exempt account, and the current level of Recycling 2744 and Organics program participation at each non-exempt account. 2745 22.03.1.3 Summary of Programs. An analysis of any Recycling and Organic 2746 Waste Collection, processing and marketing issues or conditions (such as participation, setouts, 2747 contamination, etc.) and possible solutions, discussed separately for Residential and Commercial 2748 programs. 2749 22.03.1 A Solid Waste Data. The number of SFD, MFD, MXD, Commercial, 2750 and City Service Units and the number of Collection Containers distributed by size and Service Unit type DRAFT AGREEMENT.V1 Page 76 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2751 22.03.1.5 Waste Characterization Data. A breakdown of Solid Waste 2752 (Garbage, Recycling, and Organics) by material type as per CalRecycle material classifications. 2753 22.03.1.6 Recycling Data. Gross tons Collected daily on average by material 2754 type by route for SFD, MFD, MXD, Commercial, and City Recycling service, with map of routes. The 2755 average participation rates by quarter relative to the total number of Service Units by Service Unit type. 2756 Indicate, by material type (and grade where appropriate), annual totals of Recyclable Materials processed 2757 including facility name and location, average cost or price received per ton and total recycling cost or 2758 revenue received for the year. Indicate any quantities, by material type, donated or otherwise disbursed 2759 without compensation. Indicate number of Recycling Collection Containers distributed by size and Service 2760 Unit type. Also provide annual totals and location for residue disposed. 2761 22.03.1.7 Organic Waste Data. Include average daily gross tons Collected 2762 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of 2763 generators that receive each type of Organic Waste CollectionService provided by the Contractor. Indicate 2764 average daily number of set -outs by route. Indicate average participation rates relative to the total number 2765 of Service Units in terms of weekly set -out counts. Indicate number of Organic Waste Collection Containers 2766 distributed by size and Service Unit type. Indicate, by material type, annual totals of Organic Materials 2767 processed including facility name and location, average cost or,pdce received per ton and total organics 2768 cost or revenue received for the year. Provide totals and location for Residue Disposed. Include the number 2769 of route reviews conducted for prohibited contaminants and the number of Non -Collection Notices issued 2770 to Service Recipients. 2771 22.03.1.8 " Customer Service Log. A copy of the customer service log, 2772 including a summary of the type and number of complaints and their resolution. Copies of a written record 2773 of all calls related to missed pickups and responses to such calls. 2774 22.03.1.9 CusfdmerService Information Sheet. A copy of Contractor's most 2775 recent Customer Service Information Sheet (i.e., customer call center `cheat sheet") for the City or the 2776 equivalent information used by customer service representatives. 2777 22,03.1.10 Overweight Vehicle Data. A summary of all instances of 2778 overweight -Collection Vehicles. This summary must also include the number of overweight vehicle 2779 instances as a Ipercentage of the total number of Collection Vehicle loads transported during the Calendar 2780 Year. 2781 22.03.1.11 Summary Narrative. A summary narrative of problems 2782 encountered with Collection and processing activities and actions taken. Indicate type and number of Non - 2783 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury, 2784 significant changes in operation, market factors, publicity conducted, needs for publicity. Include description 2785 of processed material loads rejected for sale, reason for rejection and disposition of load after rejection. 2786 22.03.1.12 Collection Container and Vehicle Inventory. An updated complete 2787 inventory of Collection Containers by type and size, and an updated complete inventory of Collection DRAFT AGREEMENT.V1 Page 77 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 2788 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2789 license plate number, fuel type and vehicle make and model. 2790 22.03.1.13 Diversion Rate. Contractor must provide documentation 2791 acceptable to City in its reasonable judgment stating and supporting the Calendar Year's Franchise 2792 Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and 2793 disposed from large venues and events during the reporting period will be counted towards the calculated 2794 diversion rate. 2795 22.03.1.14 AB 341 AS 1826 and SB 1383 Compliance Data. Contractor 2796 must report the total number of Commercial and MFD/MXD Service Unitsservicedand the number of 2797 containers, container sizes and frequency of collection for Garbage, Recyclable Materials and Organic 2798 Waste for each non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide the 2799 following information separately for both AB 341 and AS 1826: 2800 22.03.1.15 The total number of non-exempt Commercial, MFD, and MXD 2801 Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 2802 Commercial, MFD, and MXD Service Units that are not subscribed. to Commercial, MFD, or MXD Recycling 2803 Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2804 22.03.1.16 A summary of thetype of follow-up outreach that was provided to 2805 those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, 2806 or MXD Recycling Collection Service or Commercial MFD, or MXD Organics Collection Service. 2807 22.03.1.17 Contractor shall provide proof of training records for Service 2808 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit 2809 Discharges and stormwater pollution sources.. 2810 22.04 Diversion Calculation and Data. By 5 p.m. PT on February 14 and annually thereafter 2811 during the term of this Agreement, Contractor must deliver to City, in the format specified by City, the Calendar 2812 Year's F ised Diversid"e, as` fated in accordance with the provisions of Article 8. Any tonnages 2813 Diverted and disposed from large, venues and events during the reporting period will be counted towards the 2814 calculated Diversion rate 2815 22.05 ":'CalRecvcle.Reports. Contractor will provide reasonable assistance to City in preparing 2816 annual reports to Ca[Recy6etilhe "Electronic Annual Report" or EAR), including but not limited to supplying 2817 required data for preparation of the reports, and completing all required data input in the Waste Reporting 2818 System. 2819 22.05.1 In the event that CalRecycle requires City to report an Implementation Schedule to 2820 comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide 2821 assistance to City in preparing a report, including Contractors policies and procedures related to compliance 2822 with AB 341, AS 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or Organic Waste 2823 are collected, a description of the geographic area, routes, list of addresses served and a method for tracking DRAFT AGREEMENT.V1 Page 78 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 2824 contamination, copies of route audits, copies of notice of contamination, copies of notices, violations, 2825 education and enforcement actions issued, and copies of educational materials, flyers, brochures, 2826 newsletters, website, and social media. 2827 22.06 Waste Characterization Audit. Contractor must conduct statistically -valid waste audits of 2828 Residential and Commercial Service Recipients' waste once annually, including Recycling, Garbage, and 2829 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 22.03). 2830 Material types and guidance should follow CalRecycle requirements and/or recommendations. 2831 22.07 Additional Reoorting. Contractor must furnish City with any additional reports as may 2832 reasonably be required, such reports to be prepared within a reasonable time following the reporting period. 2833 Article 23. Nondiscrimination 2834 23.01 Nondiscrimination. In the performance of.all .work and services under this Agreement, 2835 Contractor may not discriminate against any person basedonsuch pon's race, sex, gender, gender 2836 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all 2837 applicable local, State and Federal laws and regulations regarding nondiscrimination, including those 2838 prohibiting discrimination in employment. 2839 Article 24. Service Inquiries and Complaints 2840 24.01 Contractors Customer Service. All service inquiries and complaints will be directed to 2841 Contractor. A representative of Contractor must be available to receive the complaints during normal business 2842 hours. Contractor is required to use the City's Resident Service Center (RSC) or any customer Relationship 2843 Management System put in place by the City in the future for handling of customer complaints received by 2844 the City for hauling, illegal dumping, and any other services under this Agreement. Contractor must participate 2845 in mandatory RSC training before using system and at least annually thereafter. Customer Service training 2846 shall include Service Recipient courtesy, shall prohibit the use of loud or profane language, and shall instruct 2847 Collection crews to perform the work quietly. Contractor shall use its best efforts to assure that all employees 2848 present a neat appearance ,and conduct themselves in a courteous manner. All service complaints will be 2849 handled by Contractor in a prompt and efficient manner. RSC cases must be addressed and resolved within 2850 three (3) Work Days. In the case of a dispute between Contractor and a Service Recipient, the matter will be 2851 reviewed, and a decision made'by the Agreement Administrator. 2852 24 01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 2853 and complaints in a manner prescribed by City. 2854 24.01.2 For those complaints related to missed Collections, where Containers are properly 2855 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service Unit 2856 address and Collect the missed materials before leaving the Service Area for the day. For those complaints 2857 related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will have until 2858 the end of the following Work Day to resolve the complaint. For those complaints related to repair or 2859 replacement of Collection Containers, the appropriate Sections of this Agreement will apply. DRAFT AGREEMENT.V1 Page 79 of 128 Rivs4862-7000-7618 VI DRAFT 5/2/2023 2860 24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 2861 Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed Collections 2862 will normally be Collected as set forth above regardless of the reason that the Collection was missed. 2863 However, in the event a Service Recipient requests missed Collection service more than two (2) times in 2864 any consecutive two (2) month period the Agreement Administrator will work with Contractor to determine 2865 an appropriate resolution to that situation. In the event Contractor believes any complaint to be without merit, 2866 Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator will investigate 2867 all disputed complaints and render a decision. 2868 24.01.4 Contractor's service and emergency telephone numbers must be accessible by a 2869 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area's 2870 telephone directories under Contractor's name in the White Pages and available through an online search 2871 and listed on the Contractor's website. 2872 2873 2874 2875 2876 2877 2878 2879 2880 2881 2882 2883 2884 2885 2886 2887 2888 Article 25. Quality of Performance of Contractor 25.01 Intent. Contractor acknowledges and agrees that one of City's primary goals in entering into this Agreement is to ensure that the Integrated Solid Waste Handling Services are of the highest caliber, that Service Recipient satisfaction remains at the.. highest level, that maximum diversion levels are achieved, and that materials Collected are put to the highest and best use to the extent possible. 25.02 Administrative Charges and Penalties Quality performance by the Contractor is of primary importance. In respect of this, Contractor agrees to Pay City: administrative charges and penalties as detailed in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in breach of the requirements set forth in this; Agreement, it is mutually understood and agreed that the public will necessarily suffer damages and that such damages, from the nature of the default in performance will be extremely difficult and impractical to fix. City find, and the Contractor agrees, that as of the time of the execution of this Agreement it is impractical, if not `impossible, to reasonably ascertain the extent of damages which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable breaches causeinconvenience, anxiety, frustration and deprivation of the benefits of this 2889 ways and in varying d 2890 services might be' -"a I % 2891 resulting from denial 2892 monetary terms; and (embers of the general public for whose benefit this Agreement exists, in subjective yes of intensity which are incapable of measurement in precise monetary terms; (iii) )le at`substantially lower costs than alternative services, and the monetary loss .�rvices or denial of quality or reliable services is impossible to calculate in precise the termination of this Agreement for such breaches, and other remedies are, at 2893 best, a means of future correction and not remedies which make the public whole for past breaches. 2894 25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may 2895 assess administrative charges and penalties as speclied in Exhibit 6 pursuant to this Agreement quarterly. 2896 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written 2897 notice to Contractor ('Notice of Assessment") of the administrative charges assessed and the basis for each 2898 assessment. DRAFT AGREEMENT.V1 Page 80 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 2899 25.03.1 The assessment will become final unless, within ten (10) calendar days of the date 2900 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 2901 present evidence that the assessment should not be made. 2902 25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 2903 City Manager as soon as reasonably possible after timely receipt of Contractor's request. 2904 25.03.3 The City Manager will review Contractors evidence and render a decision 2905 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written 2906 notice of the decision will be provided to Contractor. 2907 25.03.4 In the event Contractor does not submit a written request for a meeting within ten 2908 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrators determination 2909 will be final. 2910 25.03.5 City's assessment or collection of administrative charges will not prevent City from 2911 exercising any other right or remedy, including the right to terminate this Agreement, for Contractors failure 2912 to perform the work and services in the manner set forth in this Agreement. 2913 25.04 Uncontrollable Circumstances_ " 2914 25.04.1 If either party is prevented from or delayed in performing its duties under this 2915 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 2916 acts of terrorism, landslides, lightning, forest fires, storms, floods severe weather, freezing, earthquakes, 2917 other natural or man-made disasters, thethreat of such natural or man-made disasters, pandemics (or threat 2918 of same), quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, 2919 lockouts, or other labor disturbances, acts of government or governmental restraint or other causes, whether 2920 of the kind enumerated or otherwise, that are not reasonably within the control of the affected party, then the 2921 affected party will be excused from performance hereunder during the period of such disability. 2922 25.04.2 The party claiming excuse from performance must promptly notify the other party 2923 when it learns of the existence of such cause, including the facts constituting such cause, and when such 2924 cause has terminated. 2925 25.04.3 The interruption or discontinuance of services by a party caused by circumstances 2926 outside of its control will not constitute a default under this Agreement. 2927 Article 26. Performance Bond 2928 26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 2929 this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter 2930 of credit (hereinafter collectively "Performance Bond'), issued or drawn upon a surety, bank or financial 2931 institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful 2932 performance of this Agreement and all obligations arising hereunder in an amount as follows: DRAFT AGREEMENT.V1 Page 81 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 2933 26.01.1 From August 1, 2023, and so long as this Agreement or any extension thereof 2934 remains in force, Contractor must maintain a performance bond in the amount of one million dollars 2935 ($1,000,000). 2936 26.01.1.1 The performance bond must be executed by a surety company 2937 licensed to do business in the State of California; having an W or better rating by A. M. Best or Standard 2938 and Poor's; and included on the list of surety companies approved by the Treasurer of the United States. 2939 26.01.1.2 In the event City draws on the bond, all of City's costs of collection 2940 and enforcement of the Bond, including reasonable attorney's fees and costs, must be paid by Contractor. 2941 26.01.1.3 The Performance Bond must be renewed annually for the entire 2942 term of the Agreement and evidence must be provided to City annually. 2943 26.01.1.4 In the event Contractor shall for any reason (except as otherwise 2944 provided in this Agreement) become unable to, or fail in anyway, to perform as required by this Agreement, 2945 City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make 2946 whole the City, forfeited to the City. Upon partial or full forfeiture of the Performance Bond, Contractor shall 2947 restore the Performance Bond to its original amount within t, 0) days of the City's notice to do so. 2948 Failure to restore the Performance to its full amount within thirty (30)days shall be a material breach of this 2949 Agreement. 2950 Article 27. Insurance 2951 2201 Insurance Policies. Contractor must secure and maintain throughout the term of this 2952 Agreement insurance against claims for injuries to persons or damages to property which may arise from or 2953 in connection with Contractors performance of work or services under this Contract. Contractor's 2954 performance of work or services includes perfontranceby Contractors employees, agents, representatives 2955 and subcontractors. 2956 27.02 Minimum Insurance Requirements 2957 27.02.1 General. Liability Insurance. Contractor shall maintain commercial general liability 2958 insurance wilt, coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not 2959 less than $5,000,10,00 per occOrence, $10,000,000 general aggregate, for bodily injury, personal injury, and 2960 property damage The,policy'must include contractual liability that has not been amended. Any endorsement 2961 restricting standard I . sured contract" language will not be accepted. 2962 27.02.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at 2963 least as board as Insurance Services Office Form CA 00 01 covering bodily injury and property damages for 2964 all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement 2965 including any owned, hired, non -owned, or rented vehicles, in an amount not less than $10,000,000 2966 combined single limit for each accident. DRAFT AGREEMENT.V1 Page 82 of 128 RIV #4862-7000-7618 V DRAFT 5/2/2023 2967 27.02.3 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an 2968 umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property 2969 damage liability coverage, including commercial general liability, automobile liability, and employer's liability. 2970 Such policy or policies shall include the following terms and conditions: 2971 • A drop-down feature requiring the policy to respond if any primary insurance that 2972 would otherwise have applied proves to be uncollectible in whole or in part for any 2973 reason, other than bankruptcy or insolvency of said primary insurer; 2974 • 'Pay on behalf of working as opposed to °reimbu t"; 2975 • Concurrency of effective dates with primary policies. 2976 Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over 2977 commercial general liability, automobile liability, and em liability policies. SudtCfVicy or policies 2978 shall include working that the excess liability policy follows the terms and conditions of the underlying 2979 policies. 2980 27.02.4 Workers' Compensation and Employers Liability: Workers' Compensation limits as 2981 required by the California Labor Code and Ernployers Liability limits'of,$3,000,000 per accident. Contractor 2982 shall submit to City, along with the certificate ofinsurance, a Waiver of Subrogation endorsement in favor of 2983 Agency, its officers, agents, employees, and volunteers. 2984 27.02.5 Environmental Pollution Liability: Pollution legal liability insurance coverage shall be 2985 in an amount no less than $10,600,000, per claim and in the aggregate. Coverage shall be extended a 2986 minimum of three (3) years beyond the term of the contract and such insurance shall contain all standard 2987 extensions customary for such policy and shall cover prior acts. 2988 27.02.6 Cyber Liability Insurance. Contractor shall maintain either an endorsement to its 2989 general liability policy, or a separate policy of insurance covering cyber liability. Said coverage shall be in 2990 the amount of not less than Five Million Dollars ($5,000,000) per occurrence, and Five Million Dollars 2991 ($5,000,000) in the aggregate. 2992 27.03 Insurance Provisions/Requirements. 2993 27.03.1 Additional Insured Status. General liability, automobile liability, and umbrella/excess 11, 2994 liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, 2995 employees, agents, and volunteers shall be additional insureds under such policies. 2996 27.03.2 Requirements not limiting. Requirements of specific coverage features or limits 2997 contained in this section are not intended as a limitation on coverage, limits or other requirements, or a 2998 waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature 2999 is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured 3000 to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains 3001 higher limits than the minimum shown above, the City requires and shall be entitled to coverage for the DRAFT AGREEMENT.V1 Page 83 of 128 RIV #4862-7000-7618 V DRAFT 5/2/2023 3002 higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified 3003 minimum limits of insurance and coverage shall be available to the City. 3004 27.03.3 Self -Insured Retentions. Any self-insured retentions must be declared to and 3005 approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or 3006 replaced by a deductible, or require proof of ability to pay losses and related investigations, claim 3007 administration, and defense expenses within the retention through confirmation from the underwriter. 3008 27.03.4 Primary/Non-Contributing. Coverage provided by Contractor shall be primary and 3009 any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. 3010 The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess 3011 insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such 3012 coverage shall also apply on a primary and non-contributory ba*JoTthe benefiNkr before the City's 3013 own insurance or self- insurance shall be called upon to protect it as a named insured. 3014 27.03.5 Proof of Insurance. Contractor shall provide certificates of insurance and required 3015 endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and 3016 endorsements must be approved by City's Risk Manager prTONNAlptnencement of performance. Current 3017 certification of insurance shall be kept on file with City for the contract period and any additional length of 3018 time required thereafter. City reserves the right,to require complete certified copies of all required insurance 3019 policies, at any time. 3020 27.03.6 Duration of coverage. Contractor shall procure and maintain for the contract period, 3021 and any additional length of time required thereafter, insurance against claims for injuries to persons or 3022 damages to property, or financial loss which may arise from or in connection with the performance of the 3023 Work hereunder by Contractor, their agents, representatives, employees, or subcontractors. 3024 27.03.7 Ci " iaGf E---... _- In the event any policy of insurance required under 3025 this Agreement does not comply'with these specifications or is canceled and not replaced, City has the right 3026 but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly 3027 reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. 3028 In the alternative, City may cancel this Agreement. 3029 27.03.8 Acceptable Insurers. All insurance policies shall be issued by an insurance 3030 company currently, authorized by the Insurance Commissioner to transact business of insurance or is on the 3031 List of Approvedand a Insurers in the State of California, with an assigned policyholders' Rating of 3032 A- (or higher) Fm sl Size Category Class VII (or larger) in accordance with the latest edition of Bests 3033 Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3034 27.03.9 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to 3035 this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, 3036 officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance 3037 evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor DRAFT AGREEMENT.V1 Page 84 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3038 hereby waives its own right of recovery against City and shall require similar written express waivers and 3039 insurance clauses from each of its subcontractors. 3040 27.03.10 Enforcement of Contract Provisions (Non Estoppel). Contractor acknowledges and 3041 agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with 3042 any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 3043 27.03.11 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker 3044 and insurers to provide the City with a thirty (30) day notice of cancellation (exceptfor nonpayment for which 3045 a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the 3046 Contractor's insurers are unwilling to provide such notice, then Contractor shall have the responsibility of 3047 notifying the City immediately in the event of Contractor's failure toA&EW aF#Athe required insurance 3048 coverages or insurer's cancellation or non -renewal. 3049 27.03.12 Prohibition of Undisclosed Coverace Limitations. None of the coverages required 3050 herein will be in compliance with these requirements if they include any limiting endorsement of any kind 3051 that has not been first submitted to City and approved of in writing. 3052 27.03.13Separation of Insureds A severability, of interests provision must apply for all 3053 additional insureds ensuring that Contractor' ashall applyl atelytoeachinsuredagainstwhom 3054 claim is made or suit is brought, except with r rets lim alAlity. The policy(ies) shall not 3055 contain any cross -liability exclusions. 3056 27.03.14Pass Through Clause Contractor agrees to ensure that its subconsultants, 3057 subcontractors, and any other party who is brought onto or involved in the project/service by Contractor 3058 (hereinafter collectively ntractor")ovidethe s minimum insurance coverage and endorsements 3059 required of Contractor Contractor agrees to.monitor-and review all such coverage and assumes all 3060 responsibility for ensuring that such coverage 14i' provided in conformity with the requirements of this section. 3061 However, in %gVA4W,6ontraaNMuboontractor cannot comply with this requirement, which proof must be 3062 submitted to the City, Contractor shall be required to ensure that its subcontractor provide and maintain 3063 insurance coverage and endorsements sufficient to the specific risk of exposure involved with 3064 subcdfflMors scope of word serviMs, with limits less than required of the Contractor, but in all other 3065 terms cohW with the Con . ors requirements under this agreement. This provision does not relieve 3066 the Contractor, of,its contractuah'obligations under the agreement and/or limit its liability to the amount of 3067 insurance coverage, provided by its subcontractors. This provision is intended solely to provide Contractor 3068 with the ability to utilize' asubcontractor who may be otherwise qualified to perform the work or services but 3069 may not carry the same insurance limits as required of the Contractor under this agreement given the limited 3070 scope of work or services provided by the subcontractor. Contractor agrees that upon request, all 3071 agreements with subcontractors, and others engaged in the project, will be submitted to City for review. 3072 27.03.15Citv's Riohts to Revise Specifications The City reserves the right at any time 3073 during the term of the contract to change the amounts and types of insurance required by giving the 3074 Contractor ninety (90) days advance written notice of such change. If such change results in substantial 3075 additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. DRAFT AGREEMENT.V1 Page 85 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3076 27.03.16Timely Notice of Claims. Contractor shall give City prompt and timely notice of 3077 claims made or suits instituted that arise out of or result from Contractor's performance under this 3078 Agreement, and that involve or may involve coverage under any of the required liability policies. 3079 27.03.17 Additional Insurance. Contractor shall also procure and maintain, at its own cost 3080 and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper 3081 protection and prosecution of the Work. 3082 Proof of insurance must be mailed to the following address, or any subsequent address as may be 3083 directed by the City. 3084 City of Rosemead 3085 8838 E. Valley Blvd. 3086 Rosemead. CA 91770 3087 27.04 Subcontractors. Contractor must include all subcontractors performing services in the City 3088 as insureds under its policies or subcontractors must obtain separate certificates and endorsements. 3089 27.05 Modification of Insurance Requirements. The, insurance requirements provided in this 3090 Agreement may be modified or waived by CiW,'s'risk manager, in writing, upon the request of Contractor if 3091 City's risk manager determines such modification or waiver is in the best interest of City considering all 3092 relevant factors, including exposure to City. 3093 27.06 Rights of Subrogation. All required, insurance policies must preclude any underwrite"s s 3094 rights of recovery or subrog '&gam with r to matters related to Contractor's performance of 3095 its obligations under this Agreement, with the express intention of the parties being that the required insurance 3096 coverage protects both parties as the primary coverage for any and all losses covered by the above-described 3097 insurance. Contractor must'ensure that any companies issuing insurance to cover the requirements contained 3098 in this Agreement agree that they will have no recourse against City for payment or assessments in any form 3099 on any poli he c , 'Other tnsurance Provisions' and'Insured Duties in the Event of an 3100 occurrelogMiaim or SuFW Sufi'app4lift any policy of insurance in which City is named as an additional 3101 insured will not apply to City. 3102 27.07 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 3103 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time 3104 City shall have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste 3105 hauler services to perform Contractor's tasks until insurance coverage is resumed. or (ii) obtain replacement 3106 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 3107 option to terminate this Agreement immediately. 3108 Article 28. Hold Harmless and Indemnification 3109 28.01 Hold Harmless for Consultant's Damages. Contractor holds City, its elected and appointed 3110 officials, officers, agents, employees, and volunteers (collectively "City Indemnitees") harmless from all of DRAFT AGREEMENT.V1 Page 86 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3111 Contractor's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Contractor, to 3112 Contractor's employees, to Contractor's contractors or subcontractors, or to the owners of Contractors firm, 3113 which damages, losses, injuries or liability occur during the work or services required under this Agreement, 3114 or performance of any activity or work required under this Agreement. 3115 28.02 Defense and Indemnity of Third Party Claims/Liability. Contractor shall indemnify, defend 3116 with legal counsel approved by City, and hold harmless City Indemnitees from and against all liability 3117 including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel 3118 fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with 3119 Contractors negligence, recklessness, or willful misconduct in the performance of work hereunder or its 3120 failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is 3121 caused by the active negligence or willful misconduct of City. Should conflict of interest principles preclude a 3122 single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's 3123 legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without 3124 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor 3125 shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and 3126 volunteers) with respect to claims determined by a trier of fact to have been the result of Contractor's 3127 negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing 3128 provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and 3129 will survive termination of this Agreement 3130 28.02.1 Contractors obligations under this Section apply regardless of whether or not such 3131 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or 3132 penalty, or liability was caused inpart or contributed to by an Indemnitee. However, without affecting the 3133 rights of City under any provision of this Agreement Contractor shall not be required to indemnify and hold 3134 harmless City for liability attributable to the active negligence of City, provided such active negligence is 3135 determined by agreement between the parties or bytiindings of a court of competent jurisdiction. In instances 3136 where City is shown to have beenactively negligent and where City's active negligence accounts for only a 3137 percentage ofthe liability involved, the obligation of the Contractorwill be forthat entire portion or percentage 3138 of liability not attributable to the active: negligence of City. 3139 28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 3140 defense or `hold harmless rights under this Section because of the acceptance by City, or the deposit with 3141 City, of any insurance certrficates or policies described in Article 27. 3142 28.04 Diversionlndemnification. Subject to the requirements of Public Resources Code section 3143 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees 3144 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all 3145 attorneys' fees, and to indemnify and hold City Indemnitees harmless from and against all fines or penalties 3146 imposed by the California Integrated Waste Management Board if the diversion goals specified in California 3147 Public Resources Code section 41780, as it may be amended, are not met by City with respect to the 3148 Materials Collected by Contractor and if the lack in meeting such goals are attributable to the failure of 3149 Contractor to implement and operate the recycling or diversion programs or undertake the related activities 3150 required by this Agreement. In the event CalRecycle provides an administrative process to challenge the DRAFT AGREEMENT.V1 Page 87 of 128 RIV #4862-7000-7618 vt DRAFT 5/2/2023 3151 imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging any consultants 3152 or attorneys necessary to represent City in any challenge. Contractor will be responsible for the retention of 3153 and payment to any consultants engaged to perform waste generation studies (diversion and disposal). All 3154 consultants and attorneys engaged hereunder are subject to the agreement of City and Contractor. 3155 28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3156 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any 3157 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting 3158 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health & 3159 Safety Code orother similar Federal, State or local law or regulation, with respectto Solid Waste or Household 3160 Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended to operate 3161 as an agreement pursuant to Section 10E) of CERCLA and Section 25364 of the Health & Safety Code to 3162 defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability under CERCLA, 3163 the Health & Safety Code or other similar Federal, State or local law or regulation. 3164 28.06 Pr000sition 218 Release. City intends to comply with all applicable laws concerning the 3165 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 3166 good faith determination that the Maximum Service Rates for the Solid Waste Integrated Solid Waste 3167 Handling Services provided under this Agreement are not subject to California Constitution Articles XI IIC and 3168 XIIID because, among other reasons such se,ices are provided by a. private corporation and not by City 3169 pursuant to Article 5, Contractor independently establishesthe rates for services within the limits established 3170 in this Agreement, the receipt of services is voluntary and not required of any property within City, and any 3171 owner or Service Recipient of property within City has the opportunity to avoid the services available under 3172 this Agreement either through .self -hauling or use `of property in such a manner that Solid Waste is not 3173 generated. Accordingly, in the event that a third party challenges the Maximum Service Rates as being in 3174 violation of Article XIIICor XIIID of the California Constitution, or otherwise asserting that the Maximum 3175 Service Rate are an invalid tax,. assessment or -fee, Contractor agrees to waive, release and hold harmless 3176 the City Indemnitees from and against any and all claims Contractor may have against the City Indemnitees 3177 resulting therefrom, and to indemnify and defend City indemnitees, with legal counsel reasonably acceptable 3178 to City, from any third party claim, suit, or other action, whether administrative, legal, or equitable challenging 3179 the Maximum Service Rates authorized under this Agreement or as being in violation of Article XI I IC or XIIID 3180 of the California Constitution or otherwise asserting that the Maximum Service Rate are an invalid tax, 3181 assessment orfee. This Section will survive the expiration or termination of this Agreement for Claims arising 3182 prior to the expiration or termination of this Agreement. 3183 28.07 Employment & Labor Practices. Contractor shall indemnify and hold harmless City 3184 Indemnitees, from any and all liability, damages, claims, costs, and expenses of any nature to the extent 3185 arising from Contractor's personnel and labor practices, including failure to pay and comply with state or 3186 federal prevailing wage laws should such be applicable to Contractors personnel or labor practices or to one 3187 or more of the services is provides pursuant to the Agreement. All duties of Contractor under this paragraph 3188 shall survive termination of this Agreement. DRAFT AGREEMENT.V1 Page 88 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3189 28.08 Consideration. It is specifically understood and agreed that the consideration inuring to 3190 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and 3191 responsibilities contained in this Agreement. 3192 28.09 Obligation. This Agreement obligates Contractor to comply with the foregoing 3193 indemnification and release provisions; however, the collateral obligation of providing insurance must also be 3194 complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall 3195 not in any way be a limitation on Contractor's indemnification and defense obligations. 3196 28.10 Subcontractors. Contractor must require all subcontractors performing work in the City to 3197 enter into a contract containing the provisions set forth in Section 27.01 in which contract the subcontractor 3198 fully indemnifies City in accordance with this Agreement. 3199 28.11 Exception. Notwithstanding other provisions of this Agreement, Contractor's obligation to 3200 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability, 3201 penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active 3202 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or 3203 employees. 3204 28.12 Damage by Contractor. If Contractor's employeesor subcontractors cause any injury, 3205 damage or loss to City property, including but not limited tp City streets or curbs, excluding normal wear and 3206 tear, Contractor must reimburse City for City's cost of repairing or replacing such injury, damage or loss. Such 3207 reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such injury, 3208 damage or loss. With the pnor.written approval of City, Contractor may repair the damage at Contractor's 3209 sole cost and expense. Any injury, damage;or loss to private property caused by the negligent or willful acts 3210 or omissions of Contractorto private property must be repaired or replaced by Contractor at Contractor's sole 3211 expense. Disputes between Contractor and its, Service Recipients or private property owners as to damage 3212 to private property are civil matters and complaints of damage will be referred to Contractor as a matter within 3213 its sole responsibility and as a matter within the scope of Section 27.01 [Indemnification). 3214 Article 29. Default of Agreement 3215 29.01-. Termination. City may cancel this Agreement, except as otherwise provided below in this 3216 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3217 this Agreement, upon the happening of any one of the following events: 3218 29.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes a 3219 general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a petition 3220 or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the 3221 Federal bankruptcy laws or under any other law or statute of the United States or any State thereof, or 3222 consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 3223 29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3224 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its DRAFT AGREEMENT.V1 Page 89 of 128 RIV #4862-7000-7618 vt DRAFT 5/2/2023 3225 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3226 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3227 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3228 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default 3229 will be deemed immediate, or 3230 29.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule or 3231 any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, 3232 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3233 such possession or control continues in effect for a period of sixty (60) calendar days; or 3234 3235 3236 3237 3238 3239 3240 3241 3242 3243 3244 3245 3246 3247 3248 3249 3250 3251 3252 3253 3254 3255 29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the administrative charges or other monies due City and such default is not cured within thirty (30) calendar days of receipt of written notice by City to do so; or 29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of receipt of written notice by City to do so; or 29.01.6 In the event that the monies due City under Section 29.01.3 above or an unsatisfied final judgment under Section 29.01.4 above isthe subject of a judicial proceeding, Contractor will not be in default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or 29.01.7 Contractor has defaulted by failing or refusing to perform or observe any of the terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a performance bond in accordance with Article 26, or any. of the rules and regulations promulgated by City pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement Administrator relative thereto and such defautt-is not cured within thirty (30) calendar days of receipt of written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, Contractor fails to commence the remedyof such default within such thirty (30) calendar days following such written notice or having so commenced fails thereafter to continue with diligence the curing thereof (with Contractor;having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) calendar days; -and (b) that it is proceeding with diligence to cure such default, and such default will be cured within a reasonable period of time). However, notwithstanding anything contained herein to the contrary, for the failure of Contractor to provide Integrated Solid Waste Handling Services for a period of three (3) 3256 consecutive Work Days, City may secure Contractor's records on the fourth (4th) Work Day in order to provide interim Integrated Solid Waste Handling Services until such time as the matter is resolved and Contractor is again able to perform pursuant to this Agreement; provided, however, if Contractor is unable for any reason or cause to resume performance at the end of thirty (30) calendar days all liability of City 3257 3258 3259 3260 under this Agreement to Contractor will cease and this Agreement may be terminated by City. 3261 29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of 3262 termination of this Agreement under this Article, in the event that Contractor's record of performance shows DRAFT AGREEMENT.V1 Page 90 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3263 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to 3264 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and 3265 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be 3266 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period to 3267 correct, and all such defaults will be considered cumulative and collectively will constitute a condition of 3268 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore, 3269 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such 3270 cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such 3271 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such 3272 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual 3273 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will 3274 have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must 3275 cease any further performance under this Agreement. 3276 29.03 Effective Date. In the event of any the events specified above, and except as otherwise 3277 provided in such subsections, termination will be effective upon the date specified in City's written notice to 3278 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such 3279 termination, except for payment of services rendered up to and including the date of termination, all liability 3280 of City under this Agreement to Contractor will cease, and City will have the right to call the performance bond 3281 and will be free to negotiate with other contracto)S for theoperation of interim and long-term Integrated Solid i, 3282 Waste Handling Services. Contractor must reimburse City for, all direct and indirect costs of providing any 3283 interim Integrated Solid Waste Handling Services as a result of Contractor's default in this Agreement 3284 29.04 Termination Cumulative. City's rightto terminate this Agreement is cumulative to any other 3285 rights and remedies provided by law or by this Agreement. 3286 29.05 Alternative Service,Should Contractor, for any reason, except the occurrence or existence 3287 of any of the events or conditions set forth in Section 25.04 [Uncontrollable Circumstances], refuse or be 3288 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste 3289 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City 3290 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3291 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3292 safety or welfare, then City will, have the right to Agreement with another Solid Waste enterprise to Collect 3293 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide 3294 twenty-four (24) hours prioi written notice to Contractor during the period of such event, before contracting 3295 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect 3296 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3297 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3298 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3299 expenses for such substitute services during period in which Contractor is unable to provide Integrated Solid 3300 Waste Handling Services required by this Agreement. 3301 29.06 Survival of Certain Contractor Obligations. Notwithstanding the termination of this 3302 Agreement by Contractor or City, Contractor's obligation to indemnify, defend and hold City and City DRAFT AGREEMENT.V1 Page 91 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3303 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date 3304 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not 3305 automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar 3306 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance 3307 bonds and other instruments shall remain in full force and effect for one full year after termination. 3308 Article 30. Modifications to the Agreement 3309 30.01 City -Directed Change. City has the power to make changes in this Agreement to impose 3310 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3311 Integrated Solid Waste Handling Services as may from time -to -time be necessaryand desirable for the public 3312 welfare. The size of Collection Containers specked herein for Bundled Service are designed to meet the 3313 requirements of the Applicable Law, inclusive of the State's recycj&niandates ind4ft AB 341, AB 1826 3314 and SB 1383, and to be appropriate for the capabilities and capacities of available Materials Recovery 3315 Facilities and Organics Waste Processing Facilities at the start of this Agreement. The capabilities and 3316 capacities of such facilities may change during the term of this Agreement; as such City reserves the right to 3317 redirect materials to alternate facilities and change the designated sizes of Carts and/or Bins in Bundled 3318 Services in accordance with any such changes. City will give the Contractor notice of any proposed change 3319 and an opportunity to be heard concerning those matters, and agrees to adjust Service Rates to reflect 3320 additional costs borne by Contractor. The scope and method of providing Integrated Solid Waste Handling 3321 Services as referenced herein will be liberally IN, to include procedures, operations and obligations, 3322 financial or otherwise, of Contractor. When such modifications are made to this Agreement, City and 3323 Contractor will negotiate in good faith, a reasonable and appropriate compensation adjustment for any 3324 increase or decrease in the services or other obligations required of Contractor due to any modification in the 3325 Agreement under this Article. City and Contractor will not unreasonably withhold agreement to such 3326 compensation adjustment Should agreement between City and Contractor on compensation adjustment not 3327 be reached within six months of the change request, or other period as agreed upon by both parties, City and 3328 Contractor agree to submit the compensation adjustment to binding arbitration as described in Section 30.02. 3329 30.01.1 Change in Caw. City and Contractor understand and agree that the California 3330 Legislature has the authority to make £comprehensive changes in Integrated Solid Waste Handling 3331 legislation, and that these and other changes in Applicable Law in the future which mandate certain actions 3332 or programs fop counties, municipalities or Contractor may require changes or modifications in some of the 3333 terms, conditions; or obligations under this Agreement. Contractor agrees that the terms and provisions of 3334 the City Municipal Cede, as ft how exists or as it may be amended in the future (in a manner not inconsistent 3335 with this Agreement),`' Mil "apply to all of the provisions of this Agreement and the Service Recipients of 3336 Contractor located within the Service Area. In the event any future change in the Applicable Law, inclusive 3337 of any change in Federal law or regulations, State or local law of regulation, or the City Code that materially 3338 alters the obligations of Contractor, then Contractor shall be obligated to, and hereby agrees to, undertake 3339 such new or modified services or programs or take such other actions as may be necessary to comply with 3340 the Change in Law ("Modified Services'), provided that City and Contractor negotiate in good faith, and 3341 agree upon a reasonable and appropriate compensation adjustment for such Modified Services, prior to 3342 Contractor being obligated to undertake the Modified Services. City and Contractor will not unreasonably DRAFT AGREEMENT.V1 Page 92 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3343 withhold agreement to such compensation adjustment. Should agreement between City and Contractor on 3344 compensation adjustment not be reached within six months of the change request, or other period as agreed 3345 upon by both parties, City and Contractor agree to submit the compensation adjustment to binding arbitration 3346 as described in Section 30.02. Nothing contained in this Agreement will require any party to perform any 3347 act or function contrary to law. 3348 30.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days 3349 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties 3350 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial 3351 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under 3352 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one - 3353 half of the costs of the arbitrator. 3354 Article 31. Legal Representation 3355 31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3356 represented by counsel in the preparation of and contributed equally to the terms and conditions of this 3357 Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing the 3358 same will not apply due to the joint contributions. of both parties. 3359 Article 32 Conflict of Interest 3360 32.01 Financial Interest. Consultant is unaware of any City employee or official that has a 3361 financial interest in Consultants business. During the term of this Agreement and/or as a result of being 3362 awarded this Agreement Consultant shall not offer, encourage or accept any financial interest in Consultant's 3363 business by any City employee or official. 3364 Article 33. Contractor's Personnel 3365 33.01 ` Disolaced Emolovees. Contractor shall offer employment to all qualified displaced 3366 employ the City's firdfiftees from the prior Exclusive Solid Waste Franchise Agreement. Contractors 3367 must retain these displaced employees for a period of not less than 90 days, as provided for in Chapter 4.6, 3368 Sections 1070through 1076 of the California Labor Code. Contractor shall make information about wage 3369 rates, benefits apfijob classifications of employees available to the City priorto any subsequent procurement 3370 for solid waste collection. 3371 33.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3372 services required under this Agreement and shall be responsible for ensuring its employees comply with this 3373 Agreement and all Applicable Laws related to their employment and position. Contractor's employees, 3374 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3375 being employees or officials of City. City may request the transfer of any employee of Contractor who 3376 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3377 performance of their duties under this Agreement. DRAFTAGREEMENT.V1 Page 93 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3378 33.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its 3379 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3380 to the Commencement Date of this Agreement and annually by January 1 st of each subsequent Calendar 3381 Year of this Agreement and any other time the person in that position changes. The Agreement Manager 3382 must be available to the City through the use of telecommunications equipment at all times that Contractor is 3383 providing Integrated Solid Waste Handling Services in the Service Area. The Contract Manager must provide 3384 City with an emergency phone number where the Contract Manager can be reached outside of normal 3385 business hours. 3386 33.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service 3387 Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of 3388 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3389 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor 3390 changes the employee serving in that position changes. The Service Supervisor must be physically located 3391 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3392 equipment at all times that Contractor is providing Integrated Solid Waste Handling Services. In the event the 3393 Service Supervisor is unavailable due to illness or vacation; Contractor must designate an substitute 3394 acceptable to the City who shall be available and shall have the authority to act in the same capacity as the 3395 Service Supervisor. 3396 33.05 Key Operations Staff. Contractor shall identify a full-time Key Operations Staff consisting 3397 at a minimum of: one (1) Operations Manager; one (1),.Route Supervisor; one (1) Lead Mechanical 3398 Supervisor; and one (1) Service Recipient ServiceSupervisor 100% dedicated to the City. Each Key 3399 Operations Staff will provide thefollowingto City Staff: email address, phone number, cell phone number and 3400 office address. 3401 33.06 Sustainability/Compliance Staff. ,In accordance with Section 20.01, Contractor shall provide 3402 full time Sustainability/Compliance Staff, whoseprimary duties are dedicated to the City. 3403 33.07 Field Personnel Contractor's field operations personnel are required to wear a clean 3404 uniform shirt bearing Contractors name. Contractor's employees, who normally come into direct contact with 3405 the public, including drivers, must bear some means of individual photographic identification such as a name 3406 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3407 license and all other required licenses for the type of vehicle that is being operated. 3408 33.08 Labor: Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3409 the California Labor Code that require every employer to be insured against liability for Workers' 3410 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3411 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3412 person so that any part of this Agreement is so performed by such person would be subject to the workers' 3413 compensation laws of the State of California unless and until Contractor gives City a certificate of consent to 3414 self -insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3415 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either 3416 require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' DRAFT AGREEMENT.V1 Page 94 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3417 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3418 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance 3419 Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of 3420 subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3421 subcontractors. 3422 33.09 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3423 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3424 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state, 3425 and local licenses required for the work they are assigned to perform. Contractor shall require any 3426 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3427 to agree they are independent contractors and have no other agency relationship with City. 3428 Article 34. Exempt Waste 3429 34.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such 3430 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if 3431 provided by Contractor must be in strict compliance with all Applicable Laws. 3432 Article 35. Independent Contractor 3433 35.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3434 contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of the 3435 details of the services and work performed and over all persons performing such services and work. 3436 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and 3437 subcontractors, if any. Neither Contractor'dor its officers, employees, agents, contractors, or subcontractors 3438 will obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which 3439 accrued to City employees and Contractor expressly waives any claim to such benefits. 3440 35.02, Subcontractors. Contractor will require all subcontractors performing work in the City to 3441 enter into a'contract containing the provisions set forth in the preceding subsection in which contract the 3442 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3443 agency relationship with City. 3444 Article 36. Laws to Govern 3445 36.01 The' 1aw'of the State of California governs the rights, obligations, duties and liabilities of 3446 City and Contractor under this Agreement and govern the interpretation of this Agreement. 3447 Article 37. Consent to Jurisdiction 3448 37.01 The parties agree that any litigation between City and Contractor concerning or arising out 3449 of this Contract must be filed and maintained exclusively in the Superior Courts of Los Angeles County, State DRAFT AGREEMENT.V1 Page 95 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3450 of California, or in the United States District Court for the Central District of California to the fullest extent 3451 permissible by law. Each party consents to service of process in any manner authorized by California law. 3452 Article 38. Assignment 3453 38.01 No assignment of this Agreement or any right occurring under this Agreement may be 3454 made in whole or in part by Contractor without the express prior written consent of the City. City will have full 3455 discretion to approve or deny, with or without cause, any proposed or actual assignment by the Contractor. 3456 Any assignment of this Agreement made by Contractor without the express written consent of the City will be 3457 null and void and will be grounds for City to declare a default of this Agreement and immediately terminate 3458 this Agreement by giving written notice to Contractor, and upon the date of such notice Contract will be 3459 deemed immediately terminated, and upon such termination all liability of City under this Contract to 3460 Contractor will cease, and City will have the right to call the performance bond and will be free to negotiate 3461 with other contractors, for the services that are the subject of this Agreement. In the event of any assignment 3462 approved by City, the assignee must fully assume all the liabilities of Contractor by way of an assignment and 3463 assumption agreement. A sale or other transfer of more than fifty percent (50%) of the shares, stocks, points, 3464 or other indicia of ownership interest in Contractor shall be considered to be an assignment under this Article 3465 requiring prior written consent of the City. Upon notification to the City, Contractor shall provide to the City 3466 a payment of one hundred fifty thousand dollars ($150,000) for the city to perform its due diligence related to 3467 the requested Assignment. 3468 38.02 The use of a subcontractor to perform., servioes.,under this Contract will not constitute 3469 delegation of Contractor's duties if Contractor has received prior written authorization from the Agreement 3470 Administrator to subcontract such services and the Agreement Administrator has approved a subcontractor 3471 who will perform such services. Contractor will be responsible for directing the work of Contractor's 3472 subcontractors and any compensation due or payable to Contractors subcontractor will be the sole 3473 responsibility of Contractor. The Agreement Administrator will have the right to require the removal of any 3474 approved subcontractor for reasonable cause. 3475 Article 39. Compliance with Laws 3476 39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3477 including, without limitation, the Rosemead Municipal Code. 3478 39.02 City, shall provide written notice to Contractor of any planned amendment of the Rosemead 3479 Municipal Code that +NOUN substantially affect the performance of Contractor's services pursuant to this 3480 Agreement. Such notiog%ust be provided at least thirty (30) calendar days prior to the City Council's approval 3481 of such an amendment. Article 40. Permits and Licenses 3483 40.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or 3484 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must DRAFT AGREEMENT.V1 Page 96 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3485 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and 3486 conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator. 3487 40.02 The Contractor must have a valid City Business Tax Certificate throughout the term of the 3488 Franchise Agreement. 3489 Article 41. Ownership of Written Materials 3490 41.01 Contractor hereby grants City a non-exclusive license as to all reports, documents, 3491 brochures, public education materials, and other similar written, printed, electronic or photographic materials 3492 developed by Contractor at the request of City or as required under this Agreement, and intended for public 3493 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such 3494 materials that specifically reference City for other purposes without the prior written consent of the Agreement 3495 Administrator. This Article 41 does not apply to ideas or concepts described in such materials and does not 3496 apply to the format of such materials. 3497 Article 42. Waiver 3498 42.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition 3499 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any 3500 subsequent breach or violation of the same or of any.other term, covenant, or condition. The subsequent 3501 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3502 not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of this 3503 Agreement. 3504 Article 43. Prohibition Against Gifts 3505 43.01 Contractor represents that Contractor is familiar with City's prohibition against the 3506 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3507 designated employee any gifts prohibited by the City. 3508 Article 44. Point of Contact 3509 44.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3510 Agreement Administrator. 3511 Article 45. Notices 3512 45.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3513 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3514 specified and to the place for giving of notice in compliance with the provisions of this Section. For the present, 3515 the parties designate the following as the respective persons and places for giving of notice: 3516 As to the City: DRAFT AGREEMENT.V1 Page 97 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3517 3518 3519 3520 As to the Contractor: 3521 3522 3523 3524 45.02 Notices will be effective when received at the address as specified above. Changes in the 3525 respective address to which such notice is to be directed may be made by written notice. 3526 45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3527 may be given to Contractor orally by telephone at Contractor's local office with confirmation sent to Contractor 3528 through the Customer Service System by the end of the Workday. 3529 Article 46. Transition to Next Contractor 3530 46.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3531 Integrated Solid Waste Handling servkCes following the expiration or early termination of this Agreement, 3532 Contractor will cooperate fully ,with City and any subsequent contractors to assure a smooth transition of 3533 services described in this Agreement. Sucti'cooperation will include but not be limited to transfer of computer 3534 data, files and tapes; providing routing information, route maps, vehicle fleet information, and list of Service 3535 Recipients; providing a complete, inventory of all Collection Containers; providing adequate labor and 3536 equipment to complete performance of all Integrated Solid Waste Handling Services required under this 3537 Agreement; taking reasonable actions necessary to transfer ownership of carts and bins, as appropriate, to 3538 City, including transporting such containers to a location designated by the Agreement Administrator; 3539 coordinating Collection of Materials set out in new containers if new containers are provided for a subsequent 3540 Agreements,and providing other reports and data required by this Agreement. 3541 Article 47. Contractor's Records 3542 47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3543 accurate financial and accounting records, pertaining to cash, billing, and disposal transactions for the 3544 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3545 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3546 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3547 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3548 termination hereof or for any longer period required by law, full, complete, and accurate records as indicated 3549 in the Agreement. DRAFT AGREEMENT.V1 Page 98 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3550 47.02 Any records or documents required to be maintained pursuant to this Agreement must be 3551 made available for inspection or audit for the purposes set forth in Section 17.01.3, at any time during regular 3552 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 3553 Manager, or a designated representative of any of these officers. Copies of such documents will be provided 3554 to City electronically, available to City for inspection at the local Contractor office, or an alternate site if 3555 mutually agreed upon. 3556 47.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3557 Pudic Records Act ("CPRA'). City acknowledges that Contractor may consider certain records, reports, or 3558 information contained therein, ("Records') which Contractor is required to provide to City under this 3559 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3560 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3561 to disclosure provided under the CPRA that legally permit non -disclosure of the Records. At such time as 3562 City receives a request for records under the CPRA or Federal Freedom of InformatP d ("FOIA") or a 3563 subpoena or other court order requesting disclosure of the Records, City will notify Contractorof the request, 3564 subpoena or order and of City's obligation and intent toqnide a res2aie within ten (10) calendar days. 3565 Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the Records; 3566 or (ii) seek and obtain, at Contractor's sole cost and expenseloWder of a court of competent jurisdiction 3567 staying or enjoining the disclosure of the Records. if Contractor fails to timely respond, then City may proceed 3568 to disclosure the Records in which event Contractor agrees waives and releases City of any liability for the 3569 disclosure of the Records. In the event Contractor seeks a court order to stay or enjoining the disclosure of 3570 the Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected and appointed 3571 board or commission members, officers, employees, volunteers and agents (collectively, 'Indemnitees") 3572 from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in 3573 law orequity of any and every kind and description, whether judicial, quasi-judicial or administrative in nature, 3574 arising or resulting from or in any way connected with the subject CPRA or FOIA request for the Records. 3575 This Indemnity shall survive the expiration or`termination of this Agreement. 3576 47.03 Where City has reason to believe that such records or documents may be lost or discarded 3577 in the event of the dissolution, disbandment or termination of Contractor's business, City may, by written 3578 request or demand of any of the above-named officers, require that custody of the records be given to City 3579 and that therecords and documents be maintained in City Hall. Access to such records and documents will 3580 be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in - 3581 interest. 3582 Article 48. Entire Agreement 3583 48.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3584 understanding between the parties, and the Agreement will not be considered modified, altered, changed, or 3585 amended in any respect unless in writing and signed by the parties. DRAFT AGREEMENT.V1 Page 99 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3586 Article 49. Severability 3587 49.01 If any provision of this Agreement or the application of it to any person or situation is to any 3588 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3589 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3590 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3591 Article 50. Right to Require Performance 3592 50.01 The failure of City at any time to require performance by Contractor of any provision of this 3593 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3594 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3595 provision or as a waiver of any provision itself. 3596 Article 51. All Prior Agreements Superseded 3597 51.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3598 conversations, agreements, and understandings applicable to the matters contained in this Agreement and 3599 the parties agree that there are no commitments, agreements of understandings concerning the subject 3600 matter of this Agreement that are not contained in this document Accordingly, it is agreed that no deviation 3601 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3602 oral or written. 3603 Article 52. Headings 3604 52.01 Headings in this document are for convenience of reference only and are not to be 3605 considered in any interpretation of this Agreement. 3606 Article 53. Exhibits 3607 53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3608 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3609 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3610 Article 54. Attorney's Fees 3611 54.01 If litigation is brought by a party in connection with this Agreement, the prevailing party will 3612 be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, 3613 incurred by the prevailing party in the exercise of any of its rights or remedies under this Agreement or the 3614 enforcement of any of the terms, conditions, or provisions of this Agreement. DRAFT AGREEMENT.V1 Page 100 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3615 Article 55. Effective Date 3616 55.01 This Agreement will become effective when it is properly executed by City and Contractor 3617 and Contractor will begin Integrated Solid Waste Handling Services under this Agreement as of August 1, 3618 2023. 3619 DRAFT AGREEMENT.V1 Page 101 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3620 3621 3622 3623 3624 3625 3626 3627 3628 3629 3630 3631 3632 3633 3634 3635 3636 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective date(s) below each signature. CITY OF INC. A General Law City By: BY Title: ATTEST: City Clerk APPROVED AS TO FORM City Attorney M DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 By: _ President Q� Secretary - Page 102 of 128 3637 Exhibit 1 3638 City Approved Service Rates 3639 3640 DRAFT AGREEMENT.V1 Page 103 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 3641 Exhibit 2 3642 City Sponsored Events 3643 3644 4th of July Event 3645 (minimum service level includes two 40 -yd Roll -offs for Garbage; twelve 3 -yd Bins, four each 3646 for Garbage, Recyclables, and Organic Waste; and lids & trash liners) 3647 3648 Moon Festival Event 3649 (minimum service level includes three 40 -yd Roll -offs for Garbage; twelve 3 -yd Bins, four each for 3650 Garbage, Recyclables, and Organic Waste; and lids & trash liners) 3651 3652 Fall Fiesta Event 3653 (minimum service level includes one 20 -yd Roll -off for Garbage; eight 3 -yd Bins, 3 for Garbage, 3654 3 for Recyclables, and 2 for Organic Waste; and lids & trash liners) DRAFT AGREEMENT.V1 Page 104 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3655 Exhibit 3 3656 List of City Properties and Current Service Levels 3657 City Facilities - Service Levels Facility Address Garbage Recycling Organic / Green Waste / Food Waste Qty Size Qty Size Qty Size 4343 ENCINITA AV E 4 3 CY 7933 EMERSON PL 3 3 CY 8301 GARVEY AVE 1 3 CY 8471 KLINGERMAN ST 3 3 CY 8838 VALLEY BLVD 2 3 CY 1 3 CY 1 64 Gal 9101 MISSION DR E 7 3 CY 9108 GARVEY AVE 3 3 CY 1 3 CY 1 54 Gal 2714 River Ave 2 3 CY 1 64 Gal DRAFT AGREEMENT.V1 Page 105 of 126 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 City of Rosemead Bus Shelter Trashcans Street Address Existing Trashcan Valley Blvd [Eastbound] 8338 1 8548 1 8800 1 9000 1 9142 1 9338 1 9542 1 9712 1 [Westbound] 1 9701 1 Merwyn C Gill (NW Corner) 1 9403 9207 1 9001 1 8779 1 8609 1 935 (NW Corner of Delta Ave) 1 San Gabriel Blvd 1 [Northbound] 1 2106 1 2404 1 2518 1 3000 1 3106 1 3246 1 3366 1 [Southbound] 1 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Street Address Existing Trashcan Garvey Ave [Eastbound] 7556 1 7808 1 7822 1 7968 1 8170 n/a 8210 1 8350 1 8526 1 8738 1 8968 1 9094 1 [Westbound] 9105 1 9011 1 8735 1 Walnut Grove Ave (NW Corner 1 8405 1 8117 1 8001 1 7773 1 7603 1 Mission Dr [Eastbound] 8410 1 4545 (WG Ave - SW Corner) 1 8762 1 9016 Trashcan Stop Only 1 Page 106 of 128 City of Rosemead Bus Shelter Trashcans Street Address Existing Trashcan 3367 1 3205 1 3003 1 2722 1 2511 1 2403 1 2139 1 South San Gabriel Blvd 1 [Eastbound] 1 1151 (Delta St -Don Bosco HS 1 Rose Glen Ave (SW Corner) 1 [Westbound] 1 1000 1 Village Ln (NE Corner) 1 Rosemead Blvd [Southbound] 1 4461 1 4251 1 3967 1 3827 1 3675 1 [Northbound] 3706 1 3848 1 4008 1 4242 1 4502 1 3658 DRAFT AGREEMENT.V1 RN #4862-7000-7618 v1 DRAFT 5/2/2023 Street Address Existing Trashcan [Westbound] 9063 Explorer Stop Only n/a Rosemead Blvd (NW Corner) 1 8807 1 Walnut Grove Ave (NE Corner) 1 Walnut Grove Ave [Southbound] 3365 1 2751 1 Fern Ave (NW Corner) (2605) 1 Klingerman St (SW Corner) 1 1683 Explorer Stop Only 1 Montebello Town Center n/a [Northbound] 2112 Edison Way (NE Corner) 1 2612 (south of) 1 Garvey Ave (SE Corner) 1 Page 107 of 128 3659 Exhibit 4 3660 Collection Container Specifications E4.01 Cart Specifications. E4.01.1 All new or replacement Carts must be manufactured with a minimum twenty percent (20%) post -consumer recycled material content and come with a ten (10) year warranty against defects. E4.01.2 Carts must be constructed with material that resists deterioration from ultraviolet radiation and be incapable of penetration by household pets or small wildlife when lids are fully closed. E4.01.3 Contractor must provide Carts having an approximate volume of 32, 64 and 96 gallons. Actual cart volume may vary by +/- 10% depending on manufacturer. E4.01.4 Carts must include wheels and handles that accommodate ease of movement by able- bodied persons, have heavy duty wheels, attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds. E4.01.5 Carts must include lids that. continuously overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The'lid$ would be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open. E4.01.6 Carts must be capable of being .lifted into the Collection Vehicle without damage or distortion under normal usage. E4.01.7 Carts be hot -stamped, embossed, or'labeled/decaled with the company name, a unique identification number (i.e., serial numberfor carts), weight limit, and images of the type of materials to be Collected. All Carts shall also contain instructions'forproper usage. If any of the above is accomplished via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout the term to maintain a near new appearance. Decals/labels showing types of materials collected in each Cart must be replaced annually. E4.01.8 Cart and lids must meet all applicable colors and labeling specifications as set forth by CalRecycle (Le., blue = recycle,'black/charcoal = trash, green/brown = yard waste/mixed organics, green w/yellow lid or yellow - food waste or other color standards as determined by CalRecycle prior to the start of this Agreement). E4.02 Bin Specifications. E4.02.1 Bins must be constructed of heavy metal or heavy plastic and must be watertight, well painted, in good condition and without rust or dents. E4.02.2 Wheels, forklift slots, and other appurtenances, which are designed for movement, loading, or unloading of the container, must be maintained in good repair. DRAFT AGREEMENT.V1 Page 108 of 128 RIV #4862-7000-7618 v1 DRAFT 5/22023 cubic yards. E4.02.3 Contractor must provide Bins having an approximate volume of 1, 2, 3, and 4 - E4.02.4 Bins must have the name and phone number of Contractor on the exterior so as to be visible when the Bin is placed for use. E4.02.5 Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, and each Bin must include a conspicuous : "Not to be used for the disposal of hazardous, electronic, or universal waste.' Bins must be labelled in English and Spanish. E4.02.6 Bid lids must be constructed of metal or heavy plastic, so as to minimize the intrusion of rainwater and minimize odors. Locking bins will be provided upon request atthe rate set forth in Exhibit 1. E4.02.7 Bins must be capable of being lifted into the Collection Vehicle without damage under normal usage. E4.02.8 Bins must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = recycle, black/charcoal= trash,tgreen/brown =yard waste/mixed organics, green w/yellow lid or yellow = food waste or other color standards as. determined by CalRecycle prior to the start of this Agreement). E4.03 Rall -off Container Specifications: Roll -off specifications shall be the same as Bin specifications E4.02.1 through E4.02.6, and E4.02.8. Roll -offs shall be provided. in sizes 10, 20, 30, 40 cubic yards. Compactors shall be available in sizes 10, 20,35, 40 cubic yards. Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen Food Waste Pails to all SFD,.;.MFD Dwelling Units, and Mix -use Dwelling Units in the Service Area, including tanew Dwelling Units that are added to Contractor's Service Area during the term of this Agreement. The initial distribution of Kitchen Food Waste Pails must be completed no later than August 1, 2023 along with educatignal outreach materials as approved by City and will be provided at no additional charge (one (1) pail per Dwelling Unit). The distribution to new Dwelling Units must be completed within three (3) Work Days of receipt of notification from City or the Dwelling Unit. E4.05 Containers End of Life Collection Containers must be recycled at the end of their useful life. DRAFT AGREEMENT.V1 Page 109 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3661 E4.06 Containers Purchase Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within the City, and shall report all purchases of Carts and Bins under this Agreement as attributable to the City for sales tax purposes. DRAFT AGREEMENT.V1 RIV #4862-7000-7618 vi DRAFT 5/2/1023 Page 110 of 128 3662 Exhibit 5 3663 Transition Plan 3664 Service Implementation Plan for the City of Rosemead 3665 Over the last ten years, Valley Vista has successfully rolled out over 120,000 new automated 3666 carts after being awarded several new franchises. Valley Vista's rollout team has developed 3667 processes and quality controls that have perfected their ability to implement a service plan 3668 flawlessly. Our experienced automated cart transition crew can remove and replace between 3669 1,500-2,000 carts per day. In addition to delivering the new cart at the point of service, the delivery 3670 crew attaches a City and route -specific educational packet to the new carts, informing the recipients 3671 about the details of the new collection and recycling programs. 3672 3673 Valley Vista recognizes that a professional, timely, and orderly transition is of paramount concern 3674 to the City and its customers. The following transitional plan has been successfully implemented in 3675 various municipalities and is customized to exAW the City of RosefflWs needs. The 3676 management team and crews experience will p ential in implementing OA&Wnsifion plan 3677 before the service start date of August 1, 2023. 3678 3679 Valley Vista staff and route personnel will be on -hand before and during the commencement of all 3680 phases of the transition. Valley Vista will integrate management, community representatives, and 3681 route managers into the community and present at pre -transition and transition implementation 3682 phases. The purpose of preplanning and becoming accessible to the community is to ensure that 3683 the cart distribution's logistical aspecttamles ally, U dstribution personnel will have 3684 radio contact with Valley Vista route personnel and have contact information readily available 3685 should any questions or concerns arise. 3686 3687 Personnel 3688 The Valley Vista team includes designated contacts, managers, route personnel, community 3689 relations personlqWcygWalley Vista's owners. Over the last several years, 3690 Valley Vista has put a unique attention system in place that mitigates potential concerns and 3691 develops an efficient process to retain the employees of the previous hauler. 3692 Valley Vista is committed to a rapid and efficient transition that includes a comprehensive outreach 3693 program. Valley Vista has identified the following critical milestones. 3694 3695 Upon being notified of the award, Valley Vista will work jointly with City staff on identifying specific 3696 dates and developing a community -minded timeline: 3697 Submit and Review Barrel Delivery and Distribution Program 3698 Submit Vehicle Delivery Schedule and Coordinate with City 3699 Submit Routing Maps Developed by Route Manager 3700 Submit Transition Outreach Material to City for Approval 3701 Prepare Local Outreach Calendar for the following 12 months 3702 Schedule and commence "How to Workshops' and Community Meetings 3703 After approvals: Print Outreach and Public Educations Materials 3704 Commence Cart and Bin Distribution and Education Materials 3705 DRAFT AGREEMENT.V1 Page 111 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3706 Equipment and Maintenance 3707 Upon the City's approval, Valley Vista will immediately implement the start-up sequence of ordering 3708 bins (pre -ordered and waiting for delivery by ConFab), vehicles, carts (ready for manufacturing by 3709 Rehrig-Pacific), and other equipment necessary for prompt and timely implementation of the 3710 Agreement. Valley Vista will provide a more accurate delivery timeline based on delivery dates 3711 obtained by the manufacturers. 3712 3713 Ordering Vehicles, Carts and Containers 3714 Valley Vista has finalized the production agreements per the proposed schedules provided to the 3715 City. With both the vehicles and containers in order status, Valley Vista will secure manufacturing 3716 time for each product, ensuring all service adherence to all commencement dates. 3717 3718 Vehicles 3719 The Valley Vista's service fleet of vehicles consists of over 200 collection and service vehicles. The 3720 entire fleet has an average age of 5 years. All vehicles are placed out of service or completely 3721 refurbished to a like new condition before their 6th anniversary. 3722 3723 Valley Vista will commence collection operations with late model refurbished and repainted RING 3724 powered vehicles. During the course of Q4 2023' "II be replaced by 2024' model year 3725 new vehicles. These vehicles will allow us to operate throughout the course of the contract without 3726 the City being subject to any extraordinary rate increaserequests due to vehicle replacement, 3727 whether it be due to technology advances, changes in regulation, or fleet vintage requirements. 3728 3729 Valley Vista has ordered the required fleet size toservice the City of Rosemead and will have it 3730 completed and ready by January 2024 should we be awarded the contract. Valley Vista is 3731 committed to the environment as well as the quality of life for generations to come. Valley Vista has 3732 recently invested significant resources into a Renewable Natural Gas (RNG) fleet of vehicles and 3733 fueling systems..'" - 3734 3735 Each new colle h' ity of Rosemead will be painted with Valley Vista's 3736 company name, local: telephone number, and vehicle identification number not less than (3) inches 3737 high before being placed into service for collection. In addition, each vehicle will be periodically 3738 serviced, including paint, regular bodywork, and maintained clean and esthetically pleasing 3739 throughout the duration of the franchise agreement. 3740 3741 Existing Refuse Vehicle Inventory 3742 Ina " f emerge at the City's request: Valley Vista has a fleet of vehiGas to collect all refuse 3743 and recyclables inther City of Rosemead. 3744 3745 Automated Containers 3746 Rehrig Pacific Company of Los Angeles, CA, manufactures the containers proposed for this RFP. 3747 The final order will be placed upon the franchise area contract's successful approval, giving 3748 approximately 2 and 1/2 months for manufacturing and distribution. 3749 3750 Valley Vista will guarantee the manufacturing, distribution, and servicing of all containers on or 3751 before the franchise's requested start date. 3752 DRAFT AGREEMENT.V1 Page 112 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3753 With close to 200,000 cart deliveries and seven (7) municipal franchises, Valley Vista has never 3754 missed a cart delivery schedule. 3755 3756 Cart Assemb/v 3757 Rehrig Pacific Company is a full-service cart manufacturer providing the complete assembly and 3758 distribution of all carts. This service is managed and operated by Rehrig Pacific in-house personnel 3759 3760 Valley Vista intends on distributing all carts as follows: 3761 3762 Schedule of Delivery 3763 Before the service commencement date, each resident will receive three (3) fully automated 96- 3764 gallon (default size) containers for green/organic waste, recyclables, and residue collection 3765 services. The green waste containers will be green in color and have a hot stamp in English 3766 identifying the barrel as a 'Green Waste" collection. TW Recycling cdtwer will be blue and 3767 labeled as "Recycling Only" in all approved languageXMb third and final bMWWpewill be black 3768 and designated to collect residues permitted material only. Similar to the previous carts, Valley 3769 Vista will identify the black cart for residue in each required language. 3770 3771 Delivery Guarantee Containers 3772 Rehrig Pacific Company and Valley Vista will guarantee delivery of all the default -automated carts R 3773 in the timeframe designated by this FP to ensure a smooth and timely cart rollout. 3774 3775 Collecting Old Carts 3776 Over the years, Valley Vista has worked closely with local haulers and communities to remove and 3777 replace old containers. Valley Vista has transitioned seven franchised areas and over 85,000 3778 residential customers. 3779 3780 Valley Vista will work diligently with bath the City and the previous hauler in the safe and expedient 3781 replacement of carts.. All negotiation of costs associated with collecting and removing other hauler 3782 carts by Valley Vista and the other hauler will not impede the replacement rollout program. Valley 3783 Vista will guarantee the collection of each cart and will store said containers. Should carts go 3784 unclaimed Valley Vista will destroy and recycle every cart. 3785 3786 ":Distribution of Bins 3787 F.orithe Commercial and Multifamily Customers, Valley Vista will replace existing bins with Valley 3788 Vista'bins. 3789 3790 Valley Vista will utilize a fleet of three (3) 26' I tgate vehicles capable of holding nine (9) bins 3791 per load anal;*two (2) Bin Delivery vehicles capable of holding three (3) and five (5) bins, 3792 respectively. 3793 3794 Valley Vista will replace the bins following the collection schedule coordinated by Valley Vista and 3795 Republic. 3796 Determining Routes 3797 Valley Vista has received and reviewed the route lists as provided in the RFP. Valley Vista has also 3798 performed field research, driven the City and reviewed street signs for parking restriction times as 3799 well as areas of possible concern. DRAFT AGREEMENT.V1 Page 113 of 128 RiV #4862-7000-76ie v1 DRAFT 5/2/2023 3801 Commencement Date of Collections 3802 As required in this RFP, Valley Vista is committed to starting all services on the prescribed date. 3803 Should the former service providers agree to remove their containers sooner, Valley Vista will be 3804 ready to guarantee automated collection services upon removing the old service providers' 3805 containers. 3806 3807 The Valley Vista community outreach program will coordinate with the City of Rosemead, including 3808 local face-to-face interaction with residents, multifamily property managers, and owners. Valley 3809 Vista will work with 3810 3811 City staff and local service organizations to identify community outreach opportunities and 3812 organizations to collaborate with while rolling out the new franchise. 3813 3814 Transition Milestones 3815 Submit and Review Barrel Delivery and Distribution Program 3816 Submit Vehicle Delivery Schedule and Coordinate with City 3817 Submit Routing Maps Developed by Route Manager 3818 Submit Transition Outreach Material to City for Approval 3819 Prepare Local Outreach Calendar for the following 12 months 3820 Schedule and commence') ops' an unity Meetings 3821 After approvals: Print Outreach,and Public Educations Materials 3822 Commence Cart and Bin Distribution and Education Materials 3823 3824 Employment of Prior Contractor Employees 3825 Valley Vista S , Ines, dq&aton to thd&lbeing of members of the solid waste hauling and 3826 recycling co ty is in h Vallista's corporate ideals. Valley Vista commits to 3827 retaining employees who have beenemployed by the prior contractor or subcontractors. 3828 3829 As. part of the onboarding process, Valley Vista will perform an in-depth assessment by evaluating 3830 the number of existing personnel servicing the contract and determining if the number of employees 3831 will need to be increased, decreased, or remain the same. Within ten days and upon completing 3832 the evaluation, Valley Vista will interview and subsequently send written offer letters of employment 3833 YWprevious conte rs' personnel. If there are more applicants than there are positions, Valley 3834 Vista will retain qualified employees based on seniority within each job classification. The letter will 3835 inform Ehepotential employee of the deadline to accept the job offer and provide them a minimum 3836 of ten daystc respond. That employment offer is contingent upon the employee successfully 3837 passing all company employment requirements, including controlled substances and alcohol tests, 3838 physical examination, criminal background check required by law as a condition of employment, or 3839 other standard hiring qualifications needed. 3840 3841 Upon the employee's acceptance, the new potential hire will undergo various onboarding 3842 procedures, including introducing the employee to a 'New Hire Mentor' that will coach, answer 3843 questions and assist them through the newtransition. Within the first couple of weeks, all new hires 3844 will undergo training on all internal processes, commence the training and safety procedures 3845 process, and ensure that all needed documentation is fulfilled. 3846 DRAFT AGREEMENT.V1 Page 114 of 126 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3847 Exhibit 6 3848 Administrative Charges and Penalties DRAFT AGREEMENT.V1 Page 115 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Amount if Not Cured If Cured in 30 Item in 30 Days Days a. Failure to respond to each complaint within three (3) Work $100 per incident per Service Recipient. Days of receipt of complaint. b. Failure to maintain call center hours as required by this $100 per day. 0- Agreement. G. Failure to submit to City all reports by the deadlines $100 per day. -0- required under the provisions of this Agreement. - d. Failure to include all parts of quarterly and annual reports specified in Sections 22.02 and 22.03 in the submitted $100 per day. -0- report e. Failure to submit to City all payments by the deadlines . 1% of the total amount due if fees are 1 required under the provisions of this Agreement. =.10 days late; and 10% of the total amount due if fees are more than 10 days late. f. Failure for Collection Container to be compliant with $50.00/each Collection specifications of Exhibit 4. ' Container not -0- compliant. g. Failure for Collection Container to be compliant with SB $50.00/each Collection 1383 labeling requirements.. Container not -0- compliant. h Fa' to dispW name and customer $100 per incident per ,jQontrefM 0 - service phone number on Collection Vehicles. day. L Failure to Collect a missed collection Container by close $1,000 per Calendar of the, next Work Day upon notice to Contractor, that year, plus $10 per -0- exceeds twenty (20) in any Calendar Year. incident per day. j. Failure to repair or replace damaged Containers within $1,000 per Calendar year, plus $10 per the time required by this Agreement, that exceeds twenty incident per day. (20) in any Calendar year. k. Failure to maintain collection hours as required by this $100 per day. -0- Agreement. I. Failure to have Contractor personnel in Contractor- $25 per day per -0- provided uniforms. employee. DRAFT AGREEMENT.V1 Page 115 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Me DRAFTAGREEMENT.V1 aro #4852-7000-7618 vi DRAFT 5/2/2023 Page 116 of 128 Amount if Not Cured If Cured in 30 Item in 30 Days Days m. Failure of Contractor to follow Recyclable Materials and Submit for Organic Waste Contamination and Overage procedures approval to as set forth under Section 5.07 and 5.13. City and $100/day for failure to implement implement correction plan of plan. correction to City within 30 days. n. Vehicle fluid leak incidents from Contractor Collection $5000 per Vehicles in excess of three (3) during a calendar year. incident in excess of three (3) o. Failure of Contractor to provide proof of performance Agreement Default $500 per day bond as required by this Agreement p. Failure of Contractor to provide proof of insurance as Agreement Default $500 per day required by this Agreement q. Failure to provide City with documentation verifying Submit for Diversion, as outlined in Section 8.02, was achieved. approval to City and implement $10,000/Quarter plan of correction within 30 days. c Failure to Collect holidaytrees on Collection Days. $25 per day. -0- s. Failure to commence service to a new Service Recipient $150 per day 0- within seven (7) days after order. t. Failure to initially respond to a Service Recipient $50.00 per failure to complaint within:one (1) business day. resolve customer -0- compliant or request DRAFTAGREEMENT.V1 aro #4852-7000-7618 vi DRAFT 5/2/2023 Page 116 of 128 3850 Exhibit 7 3851 Customer Service Plan 3852 We at Valley Vista Services (WS) have designed our customer service plan to ensure that we 3853 develop our knowledgeable staff to provide the best customer service in the business. Our goal is 3854 to facilitate a smooth transition for all new customers, while minimizing any disruption of service or 3855 escalated issues. WS is always prepared and available to meet our customers' needs quickly, 3856 accurately, and professionally, while maintaining the highest standards of customer satisfaction. If 3857 we experience a challenge or fall short in some way, we make it right! Our customer service plan 3858 outlines our contact center, communication, training and development, reliable service, and 3859 customer satisfaction strategies. 3860 3861 Contact Center: 3862 Our customer service department utilizes an omnichannel cloud -based contact center, Cisco 3863 WebEx to streamline contact center operations, quality assurance, reporting, analytics, and staffing. 3864 We track "Average Speed of Answer to ensure cajW answered in a timely ma WS contact 3865 center hours of operation are Monday -Friday (8AMSPM) and Saturday (8AM-1 PM.) For customer 3866 convenience, WS customers can connect with us in a multitude of ways. 3867 • Toll-free phone number. 3868 • City of Rosemead dedicated customer service email. 3869 Online customer service form. 3870 Online payment portal. 3871 0 Web chat. 3872 • After hours voicemails. - 3873 All WS social media channels. 3874 • In person: WS offices. 3875 • In person: City of Rosemead Chamber of Commerce. 3876 Communication: 3877 Rosemead customers can rely on WS to keep them up to dale on all news relating to proper 3878 recycling and waste disposal practices. All educational outreach, city events, newsletters and 3879 recycling resources will be available online and on social media. WS departments communicate 3880 .internally on a regular basis to ensure customers are delighted with our service in all areas. We 3881 streamline our communication in several ways. 3882 • Subscription order: WS will provide detailed information about the new services, rates, extra 3883 serviee details, and all the ways to contact us in the subscription order. 3884 • Contact Inserts: ®wring the transition, WS will mail out "New Customer Contact Inserts" along 3885 with the subscription order to ensure customer account data is accurate and with the most up to 3886 date customer email and phone number. 3887 • Outreach: All customer service outreach and education will include the various ways 3888 customers can connect with our customer service department, as mentioned above. 3889 • WS Website: We prioritize keeping our website up to date with a user-friendly, dedicated page 3890 for the City of Rosemead community. 3891 • Social media: WS recognizes that social media is a powerful resource for customer service. 3892 We post engaging content, upcoming events, and respond to social media requests and 3893 questions on all WS social media channels. DRAFT AGREEMENT.V1 Page 117 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3894 HASR: The Healthy Air and Soil Rosemead program (HASR) is part of our organics recycling 3895 strategy. 3896 • Sustainability team: Our sustainability team reaches out to every commercial customer via 3897 phone call or email for SB1383 education. 3898 Training and Development: 3899 WS strongly believes in continuous training and employee development. We develop our customer 3900 service team to become professional problem solvers and waste educators. We take a collaborative 3901 approach to customer service education to meet the needs of not only our customers, but also the 3902 city of Rosemead's recycling and diversion goals. We believe that fregy Customer engagement 3903 by knowledgeable staff builds the necessary steppingstones for customer receptiveness when it 3904 comes to proper recycling and improving the environment for the City of Rosemead. Our customer 3905 service education involves frequent training and communication, 3906 • WS customer service departmental transition meeting: Before the start of the contract, 3907 our customer service department has in-depth training sessions to go oversew contract 3908 intricacies, city maps and partnership goals. 3909 Training: Our customer service team will be kept up to date about the City of Rosemead 3910 contract requirements on an ongoing basis. 3911 SB1383: Internal SB1383 training on an ongoing basis allows our team to become experts in 3912 the waste and recycling industry. - 3913 Reliable Service: 3914 A top priority is to ensure the WS hauler transition is a smooth process in all areas and for all 3915 customers. WS will work with the previous waste hauler to coordinate a handover that is as 3916 seamless as possible for our customers and for the City of Rosemead. Our customer service 3917 management team and customer service specialists work closely with our operations department 3918 and operations management to monitor service quality and to ensure proper service levels for 3919 waste flow. 3920 • Site visits: At the start of the contract, site visits are documented in our customer accounts to 3921 ensure thatlow Miroute matches the information on the customers 3922 account and billing. ' 3923 Service audits: The customer service department follows up on accounts that may need 3924 service level adjustments on a continuous basis. 3925 A: Automatic smalls: The customer service department sends automatic emails for accounts 3926 - with bins that were: blocked or overfilled. 3927 Customer Satisfaction: 3928 With over 65 years of experience, we understand that customer feedback (positive or negative) is a 3929 valuable source of information. When we receive negative feedback, we use that feedback to 3930 identify and correct the root cause of a situation. We understand feedback without action is useless 3931 and, as such, we follow up with customers to ensure our resolution was satisfactory and our 3932 customer feels valued. At WS, we encourage open communication and collaboration. We also 3933 believe in celebrating and sharing positive customer feedback. Engaging our employees to provide 3934 the best customer service in the business is one of the reasons WS has been a thriving service 3935 provider for many years. We foster customer satisfaction in several ways. 3936 • Weekly customer service quality assurance monitoring. 3937 Monthly customer service quality assurance calibration sessions. 3938 • Ongoing training. DRAFT AGREEMENT.V1 Page 118 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3939 • Customer service workshops/ Root cause analysis. 3940 Customer service "Best in Service" employee of the quarter award. 3941 Employee incentives for positive customer feedback. 3942 DRAFT AGREEMENT.V1 Page 119 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3943 Exhibit 8 3944 Collection Service Operations Plan 3945 Route Operations - Residential 3946 Based upon the information provided in the City's RFP and our own field observations we plan to 3947 operate daily activities as such: 3948 Six residential ASL trucks collecting MSW with the same units doubling back for recycling and 3949 organics/green waste collection respectively. (6 MSW routes 4 hours/day, 3 routes recycling for 4 3950 hours/day, and 3 routes organic/green waste 4 hours/day), with each truck picking up a combined 3951 1,000-1,150 carts per day 5 days per week. 3952 Each route will collect 136-140 carts per hour leaving ample time for trips to and from MRFrrransfer 3953 facilities as well as driver breaks and rest periods. 3954 Each truck will operate 8.5 - 10 hours per day with 4 hours per MSW route and 4 hours per 3955 secondary route (recycling or organics/green waste). 3956 A truck will pass by each service recipient three times per collection day to collect all commodities. 3957 Each ASL collection vehicle will have one driver/operator. 3958 Our vehicle selection is the most advantageous in the Industry due to its configuration and mode 3959 of operation. Automated collection and packing occurs while the truck is idle in order to make as 3960 little noise and extend the fife of all of"' trucks components. The cab has the lowest entry height 3961 in the industry to accommodate egress and entry as safe as, possible for the operator. The cab 3962 has the best forward and peripheral vision allowing the,operator to have a clear view of the area. 3963 All vehicles are the latest near zero emissions RNG powered chassis providing extremely low 3964 emissions while keeping weight to a minimum to maximize payload and greatly reduce roadway 3965 impacts. The chassis uses a 60/40 rear suspension configuration that allows the rear axle to turn, 3966 reducing tire scruff/drag and creating a best in class turning radius while maintaining payload 3967 capacities. 3968 All communications are handled via -our proprietary two-way radio system as well as our on -board 3969 tablets that allow very detailed reporting, video, GPS tracking, truck speed, starts, stops, lift 3970 activation and time stamps, service verification or photo and time stamp of blocked containers, 3971 overfills, improper materials, etc. 3972 Drivers observe, and Al is used to assist identification of contamination in carts as they are dumped 3973 in the hopper. This information is then transmitted back to our database where it is used to send 3974 courtesy reminders or warnings back to the customers. Drivers also provide lid flips based on a 3975 rotation of customers on route. 3976 Each vehicle will collect MSW, curbside recycling, and organics/green waste based on their 3977 assigned route. 3978 • All carts are tracked by serial number attached to a specific address so that we can verify carts per 3979 customer as well as participation. Route audits are also conducted by our teams to verify route 3980 information as well as equipment condition. 3981 One FEL with a two-man team will be used 8— 10 hours daily to collect bulky items, overages, and 3982 abandoned items. These loads will be taken to our MRF for maximum diversion processing. 3983 3984 Route Operations — Commercial DRAFT AGREEMENT.V1 Page 120 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 3985 Based upon the information provided in the City's RFP and our own field observations we plan to 3986 operate daily activities as such: 3987 Six commercial FEL two man trucks collecting material days perweek. Four will operate collecting 3988 MSW and two will operate collecting recycling and organic waste. 3989 Commercial routes will collect 10-12 containers per hour, with recycling routes doubling back for 3990 organic waste. As organic recycling participation grows dedicated truck(s) may be added, as 3991 needed. 3992 Each truck will operate 9.5-10 hours per day. 3993 Vehicle passes will depend on customer subscription levels. 3994 • Each commercial FEL is a two-man crew. One driver with a helper to assist in staging containers, 3995 handling any spillage, and operating safely. 3996 Our vehicle selection is the most advantageous in the industry due to its configuration and mode 3997 of operation. The cab has the lowest entry height in the industry to accommodate egress and entry 3998 as safe as possible for the operator and helper. The cab has the best forward and peripheral vision 3999 allowing the operator to have a clear view of the area. All vehicles are the latest near zero 4000 emissions RNG powered chassis providing extremely low emissions while keeping weight to a 4001 minimum to maximize payload and greatly reduce roadway impacts. Organics collection units are 4002 equipped with cart tippers to allow for bin and cart services, as well as power washing systems to 4003 help maintain the cleanliness and success of the organics programs. 4004 All communications are handled via o�i proprietary two-way radio system as well as our on -board 4005 tablets that allow very detailed reporting video, GPS tracking, truck speed, starts, stops, lift 4006 activation and time stamps, service verification or photo and time stamp of blocked containers, 4007 overfills, improper materials, etc. 4008 Drivers can observe, and At is used to assist identification of contamination in carts as they are 4009 dumped in the hopper. This information is then transmitted back to our database where it is used 4010 to send courtesy reminders or warnings back to. the customers. Helpers also provide lid flips based 4011 on a rotation of customers on route. 4012 Each vehicle will collect. MSW, co -mingled recycling, and organics/green waste based on their 4013 assigned route. 4014 All bins/carts are tracked by serial number attached to a specific address so that we can verify 4015 bins/carts per customer as well as participation. Route audits are also conducted by our teams to 4016 .'verify route information; participation, as well as equipment condition. 4017 4018 Collection Days 4019 The collection days proposed for the City of Rosemead will be similar to those of the previous hauler, 4020 but will not fall below six days per week. Upon reviewing the routes for efficiency and thoroughness 4021 with the requirements of the contract, Valley Vista will present an updated implementation plan that will 4022 provide the final daily routes for the City's approval DRAFT AGREEMENT.V1 Page 121 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 Exhibit 9 City -Approved Processing and Disposal Facilities Processing Facility: GRAND CENTRAL RECYCLING 999 Hatcher Avenue City of Industry, CA, 91748 Owner/Operator: Grand Central Recycling, Inc. SWIS # 19 -AA -1042 After materials are cleaned, screened and processed at Grand Central Recycling, residual cleaned material will then be transported to: Beneficial Ag Services 8271 Chino Ave Ontario, CA 91761 Owner/Operator: Beneficial Ag. Services SWIS # 36 -AA -0470 Recycled Wood Products 13905 Walker Ave. Ontario, CA 91761 Owner/Operator: Recycled Wood Products SWIS # 36 -AA -0477.... Residual unprocessed materials will be sent to LACSD Puente Hills MRF 2808 S. Workman Mill Road Whittier, CA 90601 Owner/Operator: County of Los Angeles Sanitation District SWIS'# 19 -AA -1043 EL SOE 10910 C Corona, Owner/Operator.'USA Waste Services of California, Inc. SWIS # 33 -AA -0217 OLINDA ALPHA LANDFILL 1942 N. Valencia Avenue Brea, CA 92823 Owner/Operator: OC Waste and Recycling SWIS # 30 -AB -0035 DRAFT AGREEMENT.V1 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 Page 122 of 128 4069 Exhibit 10 4070 Sustainability and Compliance Plan 4071 At Valley Vista Services (WS) our sustainability team plans to work closely with the City of 4072 Rosemead to meet diversion goals and to meet all state mandates and regulatory requirements for 4073 561383 and AB1826, while also minimizing the environmental impact of our waste service 4074 operations with the Healthy Air and Soil Rosemead program (HASR.) S61383 focuses on the overall 4075 reduction of climate pollutants by diverting organic waste from landfills, while A61826 mandates 4076 businesses, multifamily and residential customers to recycle their organic waste. We closely follow 4077 CalRecycle's government requirements to ensure proper commercial, multifamily and residential 4078 recycling compliance. Additionally, WS assists in the recovery of edible food from restaurants, 4079 businesses and food producers who may generate excess edible food that can be redistributed to 4080 underserved communities who experience food insecurity. The WS sustainability team is a group of 4081 talented and educated individuals who strongly believe in the zero -waste and sustainability initiative. 4082 They are experts in their field who can answer any question, provide tips and resources to 4083 customers, facilitate participation of HASR, and meetcitydiversion goals. 4084 4085 Commercial organics service rollout timeline. 4086 • WS mails out SB1383 letter on behalf of the city of Rosemead. 4087 • WS sustainability team organizes The. Healthy Air and Soil Rosemead program (HASR.) A 4088 multi -language virtual organics workshop for commercial customers to address SB1383 4089 mandates. (Commercial video link s�ple 4090 WS sustainability team will contact every comm4dal customer by phone and email to inform 4091 them of California state mandates and organics service details for future service start dates. 4092 WS Sustainability team: performs waste assessments, collects data and account documentation 4093 to prepare for possible exemptions. 4094 • WS sustainability submits waiver recommendations to City of Rosemead for review, if 4095 applicable. 4096 • Weekly mass roll-out of commerciaP9rganicsbarrels starting with food and high waste 4097 generators. 4098 Commercial'oraanics service compliance and enforcement. 4099 WS sustainability team follows up on automatically generated route reports for tagged, empty or 4100 contaminated organics containers. Account is documented and photos are uploaded, when 4101 available. 4102 WS: sustainability team follows up with the account holder of frequently tagged accounts to 4103 provide;putreach and/or on-site training on proper disposal of organic waste. 4104 • WS sustainability performs site visits and waste assessments on frequently tagged, empty, or 4105 contaminated organics containers with account documentation and supporting photos. 4106 WS sustainability team will conduct annual workshops, or on an as -needed basis, to foster 4107 customer education, participation, and customer compliance. 4108 WS Sustainability specialist dedicated to the City of Rosemead will provide reporting 4109 spreadsheets to the city (as needed) with data regarding the progress of city organic waste 4110 service implementation, site visits, service levels, possible exemptions, 3rd party recycling, food 4111 donation and more. 4112 Commercial edible food recovery and education DRAFT AGREEMENT.V1 Page 123 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 4113 VVS aims to reduce food waste by educating food generators on community issues of food 4114 insecurity and hunger. 4115 • VVS collaborates with food banks and other organizations on creating partnerships between 4116 them and VVS customers who have excess edible food. 4117 VVS sustainability team provides resources to commercial food generators on businesses who 4118 can assist in the safe recovery and redistribution of excess edible food for those who are in 4119 need. 4120 Multifamily omanics service roll-out timeline 4121 • VVS sends SB1383 letter on behalf of the city of Rosemead to multifamily property managers. 4122 VVS sustainability team organizes The Healthy Air and Soil Rosemead program (HASR.) A 4123 multi -language in person and virtual organics education workshop for multifamily customers. 4124 • VVS sustainability team will contact property managers by phone and email to inform them of 4125 California state mandates and organics service details for future service implementation start 4126 dates. 4127 VVS coordinates with property managers to provide. SB 1383 letters and kitchen food pails for 4128 multi -family customers. 4129 VVS Sustainability team performs site visits and waste assessments to document collected data 4130 and to prepare for tenant accessible organics barrel or bin placement within the multifamily 4131 complex or community. 4132 Multifamily organics service complianceand enforcement 4133 VVS sustainability team follows up M�automa$cally generated route reports for tagged, empty or 4134 contaminated organics containers. 4135 VVS sustainability team documents tagged, empty, or contaminated organics containers on the 4136 customer's account rting pho . ' , are e-mailed to property managers. 4137 • VVS will conduct annual organics workshops, or on an as needed basis, to ensure customer 4138 education, participation, and compliance 4139 VVS Sustainability specialistdedigated to the. city of Rosemead will provide reporting 4140 spreadsheets to the city (as needed) with data regarding the progress on organic waste service 4141 implementation site visits, service levels, possible exemptions, 3ftl party recycling, and more. 4142 Residential organics service rollout timeline 4143 WS Mails out SB1383 letter on behalf of the city of Rosemead to advise the residential 4144 community of the upcoming start date for organics service implementation. 4145 • WS sustainability team organizes The Healthy Air and Soil Rosemead program (HASR.) A 4146 multi -language virtual and in person organics workshop for residential customers. 4147 One month before implementation date, VVS begins weekly deliveries of food pails to residential 4148 customers: Each food pail is equipped with a starter kit of compostable bags, how-to video OR 4149 code (Vide6; ` -below) and educational residential outreach pamphlets. 4150 VVS sustainability team assists in the distribution of residential food pails to provide additional 4151 information, support, and to answer residential questions regarding organics recycling. 4152 Residential organics service compliance and enforcement 4153 VVS sustainability team follows up on automatically generated route reports for tagged, or 4154 contaminated organics containers. 4155 VVS sustainability, team documents tagged or contaminated organics containers on the 4156 customer's account with supporting photos. DRAFT AGREEMENT.V1 Page 124 of 128 Rrou48e2-7000-7618 vi DRAFT 5/2/2023 4157 VVS sustainability team contact residents with frequently tagged organics carts via phone or 4158 email to provide more information, outreach, and training on how to recycle organic waste 4159 properly. 4160 • Reporting analyst provides residential organic tonnage reports to the City of Rosemead. 4161 4162 Video links 4163 Commercial video: httos,/tvimeo con/showcase/9347656/video/682927106 4164 Residential video: httos //vimeo com/showcase/9347656/video/595573149 4165 DRAFT AGREEMENT.V1 Page 125 of 128 RIV #4862-7000-7618 V1 DRAFT 5/2/1023 4166 Exhibit 11 4167 Outreach and Education Plan 4168 At Valley Vista Services (WS) we believe that customer outreach and education is an integral part of 4169 our city partnership and waste reduction strategy goals. We take pride in creating relevant and engaging 4170 content that promotes recycling education and proper waste disposal. VVS also provides educational 4171 and informative billing inserts in multiple languages, at the City of Rosemead's request. Our community 4172 outreach focus consists of frequent community-based engagement by our knowledgeable and friendly 4173 staff. VVS keeps up with all the changes in state and local mandates regarding proper waste disposal 4174 and recycling. It is important that frequent community-based engagement is necessary for long term 4175 success. Some examples of our community outreach are HASR organic workshops, VVS participation 4176 in City of Rosemead events, school recycling presentations, site visits, training, and more. Our goal is 4177 to raise awareness and education on proper waste and recyclingpractices that will make a collective 4178 difference in the communities we serve. From learning about, organics recycling: to how to dispose of 4179 unwanted bulky items properly, we understand that customer participation and cooperation begins with 4180 us, your waste hauler. 4181 4182 Outreach and education: Prior to start of service.':.. 4183 • VVS New Hauler Introduction letter 4184 • Subscription order for all new VVS customers that includes current rates, bulky pick-up guideline, 4185 introduction to SB1383 mandates and more. 4186 • "What Goes in what Cart" pamphlet 4187 4188 Outreach and education: Overview 4189 • City of Rosemead new haul4communityintroduction meetings in person and/or virtual in multiple 4190 languages. 4191 • The Healthy Air and Soil Rosemead program (HASR) SB1383 Organics implementation workshops 4192 for residential, commercial, and multifamily. 4193 • Age-appropriate recycling classes for local schools. 4194 • Quarterly community newsletter, or as requested by the City of Rosemead. 4195 • Rosemead Residential Recycling Rewards program (The 4 Rs program.) 4196 • VVS booth managed by knowledgeable staff and fun giveaways at City of Rosemead concerts in 4197 the park and other events. 4198 • Earth Day plant giveaways. 4199 • Quarterly community clean-up events. 4200 • On-site recycling training. 4201 • Customized waste assessments and waste flaw projections for demolition projects in the City of 4202 Rosemead. 4203 DRAFT AGREEMENT.V1 Page 126 of 128 RIV #4862-7000-7618 Vt DRAFT 5/2/2023 4204 Bulky Pick -Up 4205 • Quarterly community clean up events. 4206 • "How to Dispose of Bulky Items' outreach notices for residential and commercial customers which 4207 detail the multiple ways customers can reach VVS to dispose of unwanted Bulky Waste. 4208 Unlimited and high diversion bulky item and street litter abatement program, as needed per City of 4209 Rosemead request. 4210 4211 SB13831molementation and Education 4212 VVS SB1383 letter on behalf of the City of Rosemead. 4213 Web/mail organics survey for commercial customers. 4214 • The Healthy Air and Soil Rosemead program (HASR) SB1383 Organics implementation workshops 4215 for residential, commercial, and multifamily. 4216 • How to Videos. 4217 • Individualized and documented waste assessments and she visits with photos. 4218 • Automatic route reports for contaminated, empty, or overfilled organics carts/bins. 4219 • Continuous communication and organics recycling training for all customers and especially for food 4220 generators who may experience high employee turnover. 4221 Resources for food recovery and food donation partnerships. 4222 4223 Social Media Outreach 4224 • Responsive to all customer questionsend inquiries on all VVS social media channels. 4225 • Frequent and engaging posts relatinCdy44 ead's .. unity. 4226 • Social posts about proper recycling, waste disposal processing, VVS employee appreciation, and 4227 more. 4228 • VVS repost of relevant City of Rosemead environmental and community events. 4229 4230 Additional support for City of Rosemead 4231 • Analytical reports for SB1383. 4232 • Diversion reports. 4233 • Removal of abandonedbulky items in public right of way, as requested by City of Rosemead. 4234 • Donation of event boxes for special events. 4235 • City of Rosemead liaison for city staff requests 4236 DRAFT AGREEMENT.V1 Page 127 of 128 RIV #4862-7000-7618 v1 DRAFT 5/2/2023 4237 4238 4239 4240 4241 4242 Exhibit 12 Acceptable Recyclable Materials Recyclable Materials include but are not limited to: Aluminum cans Aerosol cans Aseptic containers Brochures Cardboard Cereal boxes Clothes hangers Computer paper .. Coupons Envelopes - Frozen food boxes and trays Glass bottles/jars Glasscosmetic bottles June mail' Laundry bottles DRAFT AGREEMENT.V1 RIV #4862-7000-7618 V1 DRAFT 5/2/2023 Magazines/catalogs Newspaper Paper Paper tubes .Phone books Pizza boxes Plastic containers #147 Plastic film 'Plastic milkjugs Plastic bags Polystyrene (Styrofoam) Tin cans Tissue boxes Wrapping paper Page 128 of 128 Attachment F Resolution No. 2023-27 RESOLUTION NO. 2023-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA APPROVING THE FRANCHISE AGREEMENT BETWEEN THE CITY AND CONSOLIDATED DISPOSAL SERVICES, LLC, DBA REPUBLIC SERVICES FOR THE COLLECTION AND TRANSPORTATION OF SOLID WASTE, RECYCLABLE MATERIALS, ORGANIC WASTE, AND CONSTRUCTION AND DEMOLITION DEBRIS AND OTHER SPECIFIED SERVICES WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City of Rosemead ("City") to protect the public health and safety by taking measures in furtherance of its authority over police and sanitary matters; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("Act") (California Public Resources Code section 40000 and following), established a solid waste management process requiring cities and other local jurisdictions to implement integrated waste management programs, which maximize the use of all feasible source reduction, recycling and composting options in order to reduce the amount of solid waste that must be disposed of in landfills; and WHEREAS, the Act provides that certain aspects of solid waste handling are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services; and WHEREAS, the Act grants cities and other local jurisdictions the authority to provide solid waste handling services, whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise, which may be granted, with or without competitive bidding, under terms and conditions prescribed by resolution or ordinance of the governing body of the local jurisdiction; and WHEREAS, City is responsible for the protection of the public health and safety of the residents and businesses of the City and solid waste handling services must be provided in a manner consistent with the exercise of City's duty to protect the public health and safety; and WHEREAS, Chapter 8.104 of the Rosemead Municipal Code implements Article XI, Section 7 of the California Constitution and the Act, and establishes requirements for the provisions of any residential or commercial franchise for solid waste handling services; and WHEREAS, Section 8.104.210(A) of the Rosemead Municipal Code authorizes the City Council to award exclusive, partially exclusive, or non-exclusive franchised for one or more types of solid waste handling services for all or a portion of the premises within the City; and 4882-8070-5121 v WHEREAS, the City conducted a request for proposals process and upon evaluation, Consolidated Disposal Services, LLC, dba Republic Services (Republic) was found to be the preferred proposer; and WHEREAS, A franchise agreement with Republic has been prepared. The Franchise Agreement will provide solid waste handling services (and other related services) within the jurisdictional boundaries of the City as they exist today and as they may be adjusted in the future, and address recent updates in the law; and WHEREAS, as fully set forth in the staff report and attachments thereto and staff presentation to the City Council, the Franchise Fee, and other City imposed fees to be paid and/or collected and remitted by Republic and provided for in the Franchise Agreement are necessary, and reasonably reflect or are less than the actual costs the City will incur in the administration of the contracted services, compliance with mandatory state laws and regulations related to the contracted services, and to mitigate the impacts the contracted services will have on City streets and infrastructure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead does hereby resolve, declare, determine, and order as follows: SECTION 1. The above recitals are correct and are material to this Resolution and are incorporated into this Resolution as findings of the City Council. SECTION 2. The approval of the Proposed Franchise Agreement has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"). The project is exempt from CEQA requirements under CEQA Guidelines Section 15301 because approval and execution of the Proposed Franchise Agreement involves the operation and licensing of existing facilities and equipment and does not involve an expansion of use. The Franchise Agreement would provide the same level of service for solid handling services as currently provided. The project is also exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility approval and execution of the Franchise Agreement would cause a significant effect on the environment. The Franchise Agreement will not change the operation of solid waste collection services provided to the City. SECTION 3. The City Council hereby approves and awards the Franchise Agreement between the City and Republic for the Collection and Transportation of Solid Waste, Recyclable Materials, Organic Waste, and Construction and Demolition Debris (Collection Services) and Other Specified Services, for a ten-year term beginning 1, 2023, and ending subject to minor modifications of a non -substantive nature approved by the City Manager and City Attorney. SECTION 4. City Manager is hereby authorized to execute the Franchise Agreement. 4882-8070-5121 vl SECTION 5. Severability: If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competed jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase does not declare invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional. SECTION 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. DULY AND REGULARLY ADOPTED this 9th day of May, 2023. CITY OF ROSEMEAD Sean Dang, Mayor ATTEST: Ericka Hernandez, City Clerk APPROVED AS TO FORM: Rachel Richman, City Attorney 4882-8070-5121 v RESOLUTION NO. 2023-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA APPROVING THE FRANCHISE AGREEMENT BETWEEN THE CITY AND VALLEY VISTA SERVICES FOR THE COLLECTION AND TRANSPORTATION OF SOLID WASTE, RECYCLABLE MATERIALS, ORGANIC WASTE, AND CONSTRUCTION AND DEMOLITION DEBRIS AND OTHER SPECIFIED SERVICES WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City of Rosemead ("City") to protect the public health and safety by taking measures in furtherance of its authority over police and sanitary matters; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("Act") (California Public Resources Code section 40000 and following), established a solid waste management process requiring cities and other local jurisdictions to implement integrated waste management programs, which maximize the use of all feasible source reduction, recycling and composting options in order to reduce the amount of solid waste that must be disposed of in landfills; and WHEREAS, the Act provides that certain aspects of solid waste handling are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services; and WHEREAS, the Act grants cities and other local jurisdictions the authority to provide solid waste handling services, whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise, which may be granted, with or without competitive bidding, under terms and conditions prescribed by resolution or ordinance of the governing body of the local jurisdiction; and WHEREAS, City is responsible for the protection of the public health and safety of the residents and businesses of the City and solid waste handling services must be provided in a manner consistent with the exercise of City's duty to protect the public health and safety; and WHEREAS, Chapter 8.104 of the Rosemead Municipal Code implements Article XI, Section 7 of the California Constitution and the Act, and establishes requirements for the provisions of any residential or commercial franchise for solid waste handling services; and WHEREAS, Section 8.104.210(A) of the Rosemead Municipal Code authorizes the City Council to award exclusive, partially exclusive, or non-exclusive franchised for one or more types of solid waste handling services for all or a portion of the premises within the City; and 4879-7171-7473 vl WHEREAS, the City conducted a request for proposals process and upon evaluation, Valley Vista Services (Valley Vista) was found to be the preferred proposer; and WHEREAS, A franchise agreement with Valley Vista has been prepared. The Franchise Agreement will provide solid waste handling services (and other related services) within the jurisdictional boundaries of the City as they exist today and as they may be adjusted in the future, and address recent updates in the law; and WHEREAS, as fully set forth in the staff report and attachments thereto and staff presentation to the City Council, the Franchise Fee, and other City imposed fees to be paid and/or collected and remitted by Valley Vista and provided for in the Franchise Agreement are necessary, and reasonably reflect or are less than the actual costs the City will incur in the administration of the contracted services, compliance with mandatory state laws and regulations related to the contracted services, and to mitigate the impacts the contracted services will have on City streets and infrastructure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead does hereby resolve, declare, determine, and order as follows: SECTION 1. The above recitals are correct and are material to this Resolution and are incorporated into this Resolution as findings of the City Council. SECTION 2. The approval of the Proposed Franchise Agreement has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"). The project is exempt from CEQA requirements under CEQA Guidelines Section 15301 because approval and execution of the Proposed Franchise Agreement involves the operation and licensing of existing facilities and equipment and does not involve an expansion of use. The Franchise Agreement would provide the same level of service for solid handling services as currently provided. The project is also exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility approval and execution of the Franchise Agreement would cause a significant effect on the environment. The Franchise Agreement will not change the operation of solid waste collection services provided to the City. SECTION 3. The City Council hereby approves and awards the Franchise Agreement between the City and Valley Vista for the Collection and Transportation of Solid Waste, Recyclable Materials, Organic Waste, and Construction and Demolition Debris (Collection Services) and Other Specified Services, for a ten-year term beginning 1, 2023, and ending subject to minor modifications of a non -substantive nature approved by the City Manager and City Attorney. SECTION 4. City Manager is hereby authorized to execute the Franchise Agreement. 4879-7171-7473 v1 SECTION 5. Severability: If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competed jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase does not declare invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional. SECTION 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. DULY AND REGULARLY ADOPTED this 9th day of May, 2023. CITY OF ROSEMEAD Sean Dang, Mayor ATTEST: Ericka Hernandez, City Clerk APPROVED AS TO FORM: Rachel Richman, City Attorney 4879-7171-7473 v