Agenda packet — Diamond Bar City Council, February 4, 2025 (part 2 of 3)

Throughout Phase 3, Valley Vista’s customer service center remains fully operational, serving as a reliable point of contact for any inquiries, requests, or assistance related to the waste management services. Our user-friendly website, live chat support, and mobile app will further enhance the convenience and accessibility of customer interactions. To ensure a smooth transition, our dedicated customer service representatives will be readily available to address any questions or concerns that residents and businesses may have during the initial stages of the new service implementation. This commitment to responsive and e#ective communication underscores our dedication to customer satisfaction and ensures that the transition to Valley Vista’s services is met with ease and con"dence.

Phase 3 marks the beginning of a new era of waste management services in the City of Diamond Bar, underpinned by Valley Vista’s advanced technology, skilled workforce, and commitment to environmental responsibility. As services commence, the community can expect a reliable, e!cient, and sustainable waste management solution that re$ects our mutual dedication to a cleaner, greener future.

Ongoing Community Engagement and Education
Building upon our proven expertise in public education and outreach, VVS is committed to a continuous expansion of recycling opportunities and the associated educational e#orts. Our dedication to fostering sustainable behaviors extends beyond the initial transition, aiming to integrate long-lasting habits within the Diamond Bar community.

To achieve this, we will employ a multifaceted approach that spans diverse media outlets and engagement channels. Leveraging the power of social media and local cable access, we will disseminate valuable educational content, raising awareness about recycling practices, waste reduction, and environmental stewardship. These platforms will serve as dynamic spaces for sharing insights, addressing common queries, and highlighting the positive impacts of community participation.

Additionally, our public outreach initiatives will remain a cornerstone of our ongoing engagement strategy. By orchestrating well-organized and informative events, we will bring our expertise directly to the community. These events will include workshops, seminars, and interactive sessions designed to empower residents with practical knowledge and actionable steps to enhance their recycling e#orts.

PROPOSAL FOR SOLID WASTE SERVICES
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Distribution of printed educational materials, newsletters, and advertisements in local newspapers will continue to serve as e#ective tools for disseminating information. Our commitment to engaging with various segments of the community remains unwavering; we will actively collaborate with service clubs, local venues, public and private schools, and chambers of commerce to maximize outreach impact. Furthermore, our dedication to education will manifest through the development and distribution of educational tools, including recycling content items that o#er insights into sustainable practices. These resources will empower residents to make informed choices and contribute positively to the community’s environmental well-being.

A highlight of our engagement strategy will be the continuation and expansion of “How to Workshops” and community meetings. These proactive forums will provide a platform for open dialogues, fostering a direct line of communication between our experts and the community.

Participants will have the opportunity to voice their questions, concerns, and suggestions, ensuring that their needs remain at the forefront of our ongoing initiatives. Lastly, we recognize the value of experiential learning. Therefore, we will continue to provide guided tours of our Material Recovery Facility to the community. This immersive experience will o#er insights into the recycling process, reinforcing the signi"cance of responsible waste management and inspiring individuals to participate actively.

In summary, our ongoing community engagement and education e#orts underscore our commitment to creating a lasting impact. By leveraging a diverse range of mediums and engagement methods, Valley Vista Solid Waste Services aims to empower the Diamond Bar community with the knowledge and tools necessary to contribute meaningfully to a greener future.

Monitoring and Improvement
After the transition, consistent monitoring and improvement e#orts become essential components of the operational landscape. As the dynamics of waste management and community needs evolve, maintaining a vigilant watch over operations becomes paramount.

To e#ectively gauge the e!cacy of our services, we actively seek input from the community.

Engaging in open conversations with residents and stakeholders allows us to gain insights into their experiences, concerns, and suggestions. This direct feedback loop not only deepens our understanding of community needs but also enables us to promptly address any challenges that may arise.

Recognizing the $uidity of waste trends and challenges, VVS is committed to adjusting our operations as required. Whether it’s adapting to changing waste patterns or aligning with evolving regulations, we prioritize $exibility to ensure our services remain aligned with community requirements.

PROPOSAL FOR SOLID WASTE SERVICES
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This transition signi"es the start of an ongoing journey focused on practical enhancements, driven by direct community involvement and adaptability to changing situations. Through continuous operational improvements, our goal is to o#er a waste management solution that consistently aligns with the community’s requirements and relentlessly pursues ongoing advancements.

Emergency Preparedness
Valley Vista’s dedication to dependable service goes beyond routine operations; it extends to emergency preparedness as well. In times of crisis and upon the City’s request, we are equipped with a dedicated $eet of vehicles, ready to swiftly and e!ciently collect all refuse and recyclables within the Diamond Bar area. This commitment stands as a testament to our unwavering dedication to the communities we serve. Our proactive approach ensures that even in challenging circumstances, the essential waste collection services remain uninterrupted, providing residents with the assurance of reliable support. This level of preparedness re$ects our core values and our commitment to being a dependable partner to the City of Diamond Bar.

SCOPE OF SERVICES
Single-Family and Multi-Family Dwelling (less than 5 units) Valley Vista provides a comprehensive suite of services that cater to the diverse waste management needs of the Diamond Bar community. Our services have been thoughtfully designed to not only o#er e!cient waste disposal solutions but also to promote environmental sustainability, convenience, and community well-being.

We understand that waste generation can vary, and residents might occasionally have refuse that exceeds their cart’s capacity. To address this, we o#er two annual pickups per calendar year for refuse that wouldn’t "t in the refuse cart, excluding bulky items. Each of these pickups can handle up to the equivalent of three large bags, boxes, or barrels of refuse. Moreover, an endof-year pickup is available for any additional refuse placed for collection in customer-owned containers during the two weeks starting December 26. This service is provided at no extra charge, demonstrating our commitment to $exibility and meeting residents’ waste disposal needs.

Recognizing the importance of convenience, we o#er backyard service that goes beyond curbside collection. This service involves retrieving carts, green waste bundles, and cart overages from locations like backyards, side yards, or driveways, and returning them empty to their original spots. While this service incurs an additional charge, it ensures that waste collection aligns with residents’ preferences.

Our commitment to accessibility extends to customers who are legally or medically recognized as disabled. For them, we o#er backyard service at no additional cost. This inclusive approach ensures that individuals with speci"c needs receive waste collection services without any added barriers.
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We understand that temporary waste disposal needs arise, particularly during cleanup or construction projects. As a result, we o#er temporary roll-o# box and temporary bin services on request. These services provide residents with the means to e#ectively manage waste during temporary periods of increased waste generation. Managing bulky items can be challenging, but our on-call bulky item pickup services o#er a solution. Each dwelling unit, whether SingleFamily Dwelling (SFD) or Multi-Family Dwelling (MFD), is entitled to four bulky item pickups per calendar year at no extra charge. Residents can put out up to three cubic yards of material at each pickup, with additional pickups available for a nominal fee.

We prioritize the safe disposal of hazardous household items through our door-to-door callin Household Hazardous Waste (HHW) collection service, available for both SFD and MFD customers. With two pickups per calendar year for each dwelling unit at no additional charge, residents can safely dispose of hazardous materials, including paints, automotive wastes, and more. Supporting the City’s e#orts to promote Household Hazardous Waste events, we actively spread awareness about Los Angeles County Household Hazardous Waste collections held in Diamond Bar. Through various communication channels like our website, brochures, mailings, social media, and press releases, we aim to educate and engage residents in these important initiatives.To encourage responsible used oil disposal, we provide curbside collection services for used oil and oil "lters. Residents can place used oil and oil "lters curbside beside their solid waste container on regular collection days, ensuring these hazardous materials are disposed of safely.

Our commitment to safety extends to the proper disposal of sharps waste generated by our customers. Through our mail-based program and drop-o# locations, we ensure the safe processing of sharps waste. This includes delivering sharps containers directly to residential customers at no cost and arranging convenient drop-o# locations in collaboration with local pharmacies. In partnership with the city, we actively promote medication takeback programs provided by the Los Angeles County Sheri#’s station and third-party events in Diamond Bar.

Through our website, brochures, mailings, social media, and press releases, we aim to increase awareness and encourage residents to participate in these important initiatives.

Demonstrating our commitment to sustainability, we actively publicize our free materials exchange/gifting program, FreeCycle.org, to residents. This program fosters the reuse and sharing of materials, contributing to a more sustainable community. Our services extend to environmental stewardship by providing holiday tree collection services from December 26 through the second Sunday in January. This initiative encourages responsible disposal and supports the city’s waste diversion e#orts. We also distribute coupons through quarterly billings to encourage composting and sustainable practices. These coupons entitle residential customers to receive two bags of compost per event at two community events per year, as determined by the city.

Valley Vista’s comprehensive suite of services underscores our commitment to responsible waste management, customer convenience, and environmental sustainability. We strive to deliver these services e!ciently and e#ectively, ensuring that the residents of Diamond Bar 50 7.1.c
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bene"t from tailored waste management solutions that contribute to a greener, healthier community
Commercial and Multi-Family with 5 or More Units
For commercial and multi-family properties consisting of "ve or more units, Valley Vista is dedicated to o#ering a comprehensive suite of waste management services designed to meet the speci"c demands of these establishments. Our objective is to ensure e!cient waste collection while aligning with regulatory mandates and encouraging sustainable practices.

Our refuse collection services are tailored to the unique needs of each customer, with a minimum frequency of once per week, ensuring the e#ective management of solid waste generated on the premises. Our $exible scheduling ensures timely waste removal and handling.

In compliance with AB 341, we provide source-separated recycling collection using bins or carts for properties mandated to participate in organics collection. Our recycling services are coste#ective and designed to meet regulatory requirements. For properties required to engage in organics collection under AB 1826 and SB 1383, we o#er source-separated organics collection using bins or carts. Our organics services are provided at rates not exceeding the equivalent refuse rate for containers of similar sizes and service frequency. This approach ensures that organic waste is properly managed and diverted from land"lls.

To streamline waste collection, we o#er a bin pushout service to assist in moving containers to the collection point. This service is provided at no additional charge and ensures containers are positioned for e!cient collection. Our scout service employs specialized small vehicles to move containers to the street or public right-of-way for collection, enhancing e!ciency and timely waste gathering.

To enhance security, we provide locking bins complete with hasps and locks, maintaining waste containment and protection. Regular maintenance and servicing of the locks are included. For cleanup or construction requirements, our permanent and temporary roll-o# box services o#er a comprehensive solution. Rates include both the service component and a per-ton charge based on actual tonnage collected. We ensure timely delivery and e!cient pick-up of waste from these projects.

To address bulky items, each multi-family dwelling unit is entitled to up to four bulky item pickups annually, without any additional charge. Residents can dispose of up to three cubic yards of material during each pickup, with options for additional pickups at a nominal fee.

Electronic waste (E-Waste) generated by multi-family properties is collected through our bulky item pickup service, adhering to regulations for proper disposal. Our door-to-door call-in HHW collection service for multi-family dwelling units is provided at no extra charge. Residents can safely dispose of hazardous materials, including paint, cleaners, and more. Televisions, computers, and other HHW items are collected as part of our bulky item pickup service when safe and legal to do so.

Valley Vista extends its commitment to commercial and multi-family properties by providing services that adhere to regulations, encourage environmental responsibility, and o#er convenient waste management solutions.
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Construction and Demolition (C&D) Debris
For the collection of C&D debris, Valley Vista upholds stringent standards to ensure responsible waste management practices. All mixed loads of C&D debris will be carefully transported to a certi"ed processing facility, adhering to the regulations outlined in the draft Agreement Section 3.7.

Our commitment to sustainability is exempli"ed by our dedication to diverting C&D debris from land"lling. We are committed to achieving a minimum diversion rate of 75% or the Statemandated Construction and Demolition diversion percentage, whichever "gure is greater, for all the Construction and Demolition debris collected. This approach aligns with our broader mission to promote eco-friendly waste disposal methods while contributing to the reduction of land"ll waste.

City Collection
Valley Vista is dedicated to providing comprehensive and e!cient City Collection Services that cater to the diverse needs of the City of Diamond Bar. We o#er a range of essential services aimed at facilitating proper waste disposal and supporting the City’s commitment to environmental sustainability.

These services cover a broad spectrum of City facilities, including o!ces, parks, and street maintenance operations. The extent of our service coverage may vary over the term of the agreement, re$ecting any changes in facilities or service levels. Importantly, these adjustments will be made without increasing compensation for additional collection services, as outlined in the draft Agreement Section 3.8.

Valley Vista takes pride in its active involvement in City-sponsored events. We contribute by providing refuse, recyclables, and organics collection services at no charge during these events.

Our commitment extends to using various types of containers, such as carts, bins, roll-o# boxes, and even cardboard boxes with liners, as required by the event’s nature. We understand that City-sponsored events contribute to the vibrancy of the community, and we aim to support them without imposing any additional collection service fees.

Our dedication to service equality is evident in our approach to alternating events between separate contractors for the residential and commercial sectors, if applicable. This ensures that the distribution of events is balanced, based on the level of e#ort or number of events, irrespective of the contractor involved.

Beyond these activities, Valley Vista is committed to promptly addressing abandoned bulky waste. In alignment with our commitment to maintaining the beauty and cleanliness of the City, we provide a service for collecting bulky waste abandoned within the city’s right-of-way or other public property. This is carried out at no additional charge, and our response time is within one business day of noti"cation from the city. In collaboration with the City’s Community Development Review Services, we provide valuable input to building permit applicants. Our expertise is utilized to advise on container storage space and access requirements, particularly 52 7.1.c
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with regard to accommodating recycling and organics containers. This consultation service is o#ered at no additional charge, highlighting our dedication to fostering sustainable practices within the City’s development landscape. Additionally, Valley Vista is committed to supporting the success of large venue events held within the city. We assist in terms of reporting and planning needs, in alignment with the requirements of AB 2176 as outlined in the California Public Resources Code 42648, et seq. This collaboration occurs at no extra cost and underscores our commitment to fostering sustainable practices within special event planning.

Our proactive e#orts extend to the con"scation of unauthorized containers placed within the City’s public rights-of-ways. This is carried out upon noti"cation from the City, or if we come across such containers based on the procedure provided in the franchise agreement. Our goal is to maintain the cleanliness and aesthetics of public spaces, contributing to an enhanced living environment for the community. Furthermore, Valley Vista is dedicated to assisting the city in times of emergency. We stand ready to provide emergency collection and disposal services in the event of major disasters like earthquakes, storms, riots, or civil disturbances. Our team, equipped with Collection equipment and drivers, is prepared to step in and assist as required.

Any charges associated with these services are calculated based on actual disposal costs plus service rates per the approved rate schedule.

In support of storage needs within city facilities and schools, Valley Vista o#ers the provision of eleven 40-cubic-yard portable storage containers. These containers are intended to serve as e!cient storage solutions throughout the duration of the Agreement. Our commitment extends to ensuring that these containers are maintained in optimal condition, aligned with the city’s expectations.

Valley Vista’s commitment to the community’s well-being goes beyond standard services. We actively participate in emergency collection and disposal e#orts, ensuring that the City’s needs are met during challenging times. Our collaborative approach and dedication to environmental sustainability align with the city’s values, making us a reliable partner for comprehensive waste management solutions.
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3.4 AB 341, AB 1826, AND SB 1383 IMPLEMENTATION PLAN

PROPOSAL FOR SOLID WASTE SERVICES
Implementation Plan for AB 341, AB 1826, and SB 1383 Compliance This comprehensive implementation plan outlines the tasks, procedures, and schedule to ensure the city’s compliance with AB 341 (Commercial Recycling), AB 1826 (Organics Recycling), and SB 1383 (Organics Waste Reduction). The plan encompasses education, outreach, program execution, reporting, and ongoing monitoring to achieve successful compliance within the designated timeframes.

Phase 1: Pre-Implementation Preparation
Duration: Month 1-2
Stakeholder Engagement:
• Identify key stakeholders, including City
o!cials, community organizations, and
waste management personnel.
• Conduct preliminary meetings to
establish communication channels and
collaboration strategies.

Program Assessment:
• Review existing waste management
practices, infrastructure, and collection
systems.
• Analyze waste composition to identify
current diversion rates and potential areas
of improvement.

Regulatory Familiarization:
• If needed, conduct training sessions for city
personnel to ensure understanding of AB
341, AB 1826, and SB 1383 requirements.

Phase 2: Education and Outreach
Duration: Month 3-4
Educational Material Development:
• Create clear and concise educational
materials, including brochures, posters,
and online resources, to inform residents,
businesses, and multifamily units about
recycling and organics programs.

Community Workshops:
• Organize interactive workshops to educate
the community about the bene"ts of
recycling and organics diversion.
• Provide detailed information on proper
sorting, container usage, and program
objectives.

Multifamily and Commercial Engagement:
• Conduct targeted meetings with property
managers and business owners to
explain program requirements and o#er
assistance.

Phase 3: Reporting and Compliance
Monitoring
Duration: Ongoing
Data Collection and Reporting:
• Establish a robust tracking system to
monitor diversion rates, tonnages, and
waste composition.
• Generate regular reports for the City
and regulatory agencies to demonstrate
compliance with AB 341, AB 1826, and SB
1383.

Contamination Monitoring:
• Implement contamination monitoring
procedures, including physical inspections,
photo documentation, and customer
noti"cations for non-compliant waste
streams.

Customer Engagement and Assistance:
• Continuously provide assistance to
customers through helplines, online
platforms, and community engagement
events.
• Address concerns, answer questions, and
o#er guidance to improve participation
and compliance.
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PROPOSAL FOR SOLID WASTE SERVICES
Continued Outreach E#orts:
• Direct mail campaigns with informative materials and sorting tips. • Regular community workshops with interactive sessions and Q&A. • Development of how-to videos for online platforms.
• Dedicated website with comprehensive information and interactive features. • Participation in local events and fairs to engage the community. • School outreach programs to educate students about proper waste separation.

Phase 4: Continuous Improvement
Duration: Ongoing
Review and Adaptation:
• Regularly review program e#ectiveness and diversion rates. • Identify areas of improvement, potential modi"cations, and adjustments based on feedback and data analysis.

Innovative Solutions:
• Explore innovative technologies, such as food rescue and donation programs, to enhance diversion rates and reduce waste.

Stakeholder Engagement:
• Maintain open communication with stakeholders to foster collaboration, address challenges, and re"ne program strategies.
** THIS PLAN IS SUBJECT TO CHANGE BASED ON THE
IDENTIFIED NEEDS AND REQUESTS OF THE CITY.**

IMPLEMENTATION OVERVIEW
Residential Collection
Source Separated Recyclable Materials Collection
As part of our commitment to e!cient waste management, we will maintain the same service levels as the current hauler. Each cart delivery will include city-approved educational materials available in required languages. This informational packet will outline program requirements, acceptable and non-acceptable items for the cart, access to additional resources, and the collection schedule.

To ensure the proper processing of these materials, Valley Vista will collaborate with Grand Central Recycling (GCR). The collected materials will undergo thorough sorting by commodities for marketing or repurposing. A comprehensive screening process will separate particles, which will then be combined with soiled paper products to create compost, e#ectively maximizing waste diversion. Our approach aims to streamline recycling e#orts while minimizing environmental impact.
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PROPOSAL FOR SOLID WASTE SERVICES
Organics Collection (Green Container)
In our e#ort to facilitate e!cient waste management, Valley Vista will implement a comprehensive approach to Organics (Green Container) collection. As part of this initiative, we will provide the current service levels for yard waste and organics materials, accompanied by a 3-gallon lidded pail. This pail is designed for convenient food waste collection within residents’ food preparation areas, subsequently to be transferred to the green cart for weekly commingled collection.

The educational materials provided alongside these carts will o#er clear program guidelines, detailing acceptable items for both the yard waste cart and the food waste pail. Residents will also receive information on additional resources, the collection schedule, and the signi"cance of their participation in the program. The inclusion of a dishwasher-safe pail, even when not used for curbside collection, aims to educate and enhance the overall program experience for participants.In addition to the educational materials, Valley Vista will supply an introductory roll of pail liners. These liners are meant to be used in conjunction with the pail to segregate food waste from regular kitchen garbage, thus helping to prevent contamination of compostable yard waste.

Utilizing GCR as a processing hub allows Valley Vista to provide sensible organics/food waste recovery programs that will ensure program success and compliance. By prescreening the waste stream, processing food waste, and high moisture content organics for anaerobic digestion and energy conversion, we can then be able through our partnership with Agromin Organics to compost the yard waste/organics. This partnership allows us the access to guarantee capacity at o#-site well-managed compost sites that will provide Valley Vista with a backhaul of high grade, twice tested compost. Material that can be provided for required compost giveaways and o#er compost and soil amendments to the city and residents to close the loop and achieve yet another component of SB 1383 compliance.

This process and this processor provide us the con"dence that providing the city with a company warranty of recovered organic waste products is possible.

Valley Vista is committed to transparency and compliance. We will provide the city with documentation on plastic bag use for the green containers as required. This integrated approach to recycling collection underscores our dedication to both e!cient waste management and environmental sustainability.

Commercial Collection
Drawing on comprehensive data analysis and an initial route assessment, our commercial collection approach prioritizes delivering bins tailored to each customer’s current service frequency, mirroring their preferences with the existing service provider. These bins will feature clear instructional labels, enriched with informative pictograms, complemented by mailed educational materials. These pre-approved resources will be distributed to customers, o#ering insights into the new program, hosting technical workshops, outlining legislative obligations, underscoring participation signi"cance, and inviting them to welcome our environmental services team for site visits.
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The collected material from mixed waste bins will be transported to GCR, where it undergoes meticulous processing to maximize commodity recovery and diversion, contributing to sustainability goals. Our dedicated food waste routes will manage organic bins and carts, delivering the material to GCR for processing into a versatile mash suitable for composting or digestion. To maintain program aesthetics and mitigate vector-related concerns, our collection trucks will incorporate container washing capabilities.

For commercial customers generating over 4 yards of waste per week, a 65-gallon organics cart will be provided. Higher volume producers can opt for bin service tailored to their needs.

For those generating 2 yards of waste per week, a bagged program will be introduced. This option utilizes a yellow-colored bag for organic/food waste, which is placed in the mixed waste bin. This collected waste undergoes a meticulous process, with bags removed and processed via the Scott Turbo Separator, directing the mash towards composting or energy production.

This comprehensive approach ensures the highest commodity recovery and diversion rates, contributing to an e#ective waste management strategy.

Multi-Family Collection
Based on data collection and a preliminary route audits of multi-family customers will be delivered bins sized at service frequencies subscribed to with the current service provider. Our bins will be labeled with instructions and pictograms to educate the clients. Simultaneously, they will be mailed education materials approved by the city advising them of the new program, technical workshops, legislative requirements, importance of participation, and invitation for a site visit from our environmental services team. All material from the mixed waste bins would be collected and taken to GCR for processing for maximum commodity recovery and diversion.

Organics carts will be delivered based on a ratio of living units. When site visits occur, lidded pails with educational material and liners will be provided to each unit. The resident will be asked to utilize the liners in conjunction with the pail to keep the food waste out of the typical kitchen garbage and get it into liners/bags to be placed in the 65-gallon organics carts. The carts will then be collected by our dedicated food waste routes and transported to GCR, where the material would be processed into a mash that could then be composted or digested. The trucks on these routes would have the ability to wash out the containers as necessary to improve the overall look of the program and minimize issues with vectors.

Collection Contamination Monitoring
For all collections services, VVS will elect to perform both Manual Physical Inspections and Visual Inspections via an On-Board Monitoring System (3rd Eye). Both inspection methods are included in CalRecycle’s Best Management Practices for Implementing a Route Review Program.

VVS personnel performs ongoing contamination evaluation over the term of the Franchise Agreement, in accordance with our Unpermitted Waste Screening Protocol as detailed below.

Further, in accordance with The Short-Lived Climate Pollutant Reduction Law (SB 1383) and State regulations, VVS will be performing contamination audits annually for all routes, using the methodologies described above.
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PROPOSAL FOR SOLID WASTE SERVICES
Unpermitted Waste Screening Protocol.

1. Ongoing Employee Training in Identi!cation
VVS conducts monthly tailgate safety meetings and quarterly safety review meetings with all drivers and route personnel. During these monthly and quarterly meetings, training and educational materials are presented to educate all employees in load checking, household hazardous waste identi"cation techniques and contamination of waste streams. Operators are trained in both identi"cation procedures and noti"cation procedures when un¬permitted waste is discovered. Operators discovering un-permitted waste are trained to complete a twopart noti"cation form, one part for the generator and the second part for the o!ce. Noti"cation forms/warning is left on the containers and either (i) discovered un-permitted waste materials are left adjacent to the container, or (ii) in the case of waste stream contamination, a notice will be provided to the generator of the violation and education materials for proper sorting will be provided.

2. Driver Inspection
Un-permitted waste, including all HHW, E-waste and U-waste is forbidden in the general waste stream. Additionally, SB 1383 aims to reduce waste stream contamination and increase education for generators. Utilizing in hopper cameras, drivers are trained to look for un¬permitted waste in the waste stream at the point of collection. Curbside collection with fully automated containers often hampers visual identi"cation, for this reason VVS has installed camera monitors in each vehicle, giving the operator clear visual site of all contents of each container before it is commingled with the entire load.

Should a driver miss the identi"cation of un-permitted waste in the loading procedure, all waste passing through the transfer station receives a second inspection. Should any waste be identi"ed in a particular load, the identi"ed load will be traced back through the route and additional precautions will be set in place for the following week. The discovered un-permitted waste will be properly disposed of according to the local, state and federal laws.

3. Immediate Driver Response
While unloading the collection container into the holding hopper the driver has a clear view of the waste products as they are emptied and staged for compaction. All drivers are trained and prepared to remove all U-Waste, E-Waste and Household Hazardous Waste materials upon identi"cation.

Unpermitted materials such as U-Waste or Household Hazardous Waste or any suspicious unidenti"ed materials will be left at the service address and a noti"cation tag will be a!xed to the o#ending container.

Generators that contaminate waste streams will be noti"ed of their violation and education materials will be provided. A copy of all contamination notices will be retained on "le. 58 7.1.c
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4. Driver Noti!cation
VVS drivers are trained and prepared to deal with any unpermitted waste issue. Besides being thoroughly trained in the identi"cation process, VVS personnel have been instructed to complete the non-collection tag and adhere it to the o#ending container. The noti"cation tag will explain the violation and the proper means of disposal. Additionally, the driver will leave VVS contact information and the VVS customer service department will be alerted as to the violation. All non-collection notices will be noted in the customer contact "le.

VVS Customer Service will log every incident into both the hard copy daily activity log and the generators electronic account database "le. All hard copies (and electronic formatted versions) will be supplied to the designated City of Cypress personnel.

5. Noti!cation of Agency
VVS maintains a complaint and incident log for all City customers. Customer Service will monitor and record all un-permitted waste violations/incidents identi"ed by VVS personnel. All records will be copied and supplied to the City upon request. VVS will use best business practices to report its observations to the City representative in addition to notifying the o#ender.

Habitual violators will be reported to the designated City sta# member and notwithstanding any laws or regulations to the contrary, service will be suspended pending "nal resolution with the customer and the inspector.

Should any material identi"ed appear to be dangerous in nature or a threat to the health and safety of the community or VVS personnel, the area route supervisor will immediately notify the County Fire Department and the designated City contact for immediate resolution.

Organics processing
Utilizing GCR as a processing hub allows Valley Vista to provide sensible organics/food waste recovery programs that will ensure program success and compliance. By prescreening the waste stream, processing food waste, and high moisture content organics for anaerobic digestion and energy conversion, we can then be able through our partnership with Agromin Organics to compost the yard waste/organics. This partnership allows us the access to guarantee capacity at o#-site well-managed compost sites that will provide Valley Vista with a backhaul of high grade, twice tested compost. Material that can be provided for required compost giveaways and o#er compost and soil amendments to the city and residents to close the loop and achieve yet another component of SB 1383 compliance.

This process and this processor provide us the con"dence that providing the City with a company warranty of recovered organic waste products is possible.

Commercial Generator Compliance Reviews
Through our environmental services team, Valley Vista will conduct annual compliance reviews of the commercial generators, hauler routes, and food recovery compliance.

PROPOSAL FOR SOLID WASTE SERVICES
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Service Complaints
Valley Vista will document all service complaints, including issues regarding non-compliance.

When necessary, Valley Vista will investigate SB-1383 non-compliance Complaints and report its’ "ndings to the city.

Technical Assistance Program
Through our environmental services team and under the management and our community liaison’s direction, Valley Vista will provide site visits and waste assessments. Beginning September 1, 2025 , four "eld reps will visit, on average, "ve generators’ premises per day to assess, assist, advise, and educate business owners, managers, and multi-family residents on the programs and requirements of the new collection and recovery systems. They will be able to provide information regarding the regulations and speci"cations of the programs and assist in providing training and alternatives that could o#er reductions in costs. Each waste assessment will collect the pertinent data. Valley Vista will make that data available to the city upon request and assist the City with its’ AB 827 requirements as a component of our site visits.

Our environmental services team will continue to provide annual follow-up and training to ensure the program’s success and compliance.

Workshops and Meetings
Through our environmental services team under our community liaison’s direction, Valley Vista will provide the necessary technical assistance workshops in locations and at times that ensure the most community participation and engagement as possible. These workshops will give multi-lingual instruction through interactive education processes to promote understanding and acceptance of the new system’s requirements. Questions will be answered, and a follow-up provided. These workshops will cover the regulatory requirements of SB 1383, AB 1826, and all of the local program service changes.

Record Keeping and Reporting Requirements
As stated previously in this section, Valley Vista will maintain all records of its’ technical assistance activities and outreach materials and provide reports to the city.

Universal Enrollment Monitoring
Valley Vista is dedicated to aiding the city in e!cient generator enrollment. We will collaborate with the city and its consultant to establish an agreed-upon enrollment process no later than September 2025 . Our team will maintain meticulous records and furnish necessary reports as required. Our environmental services team, in coordination with our contract compliance department, will validate and ensure Universal Enrollment adherence.

Our enduring commitment to environmental stewardship is evident in our investments across $eet, facilities, processing capacities, and workforce. Our track record demonstrates our pro"ciency in securing compliance for client cities. Driven by this commitment and our capable team, we a!rm our assurance to the City of Diamond Bar in this endeavor.

PROPOSAL FOR SOLID WASTE SERVICES
60 7.1.c
Packet Pg. 271
03 P39

3.5 FOOD AND RESCUE DONATION PROGRAM
Food Rescue and Donation Program to Comply with SB 1383 In accordance with SB 1383, which mandates the recovery of at least 20% of currently disposed edible food for human consumption by 2025, Valley Vista presents its comprehensive approach to assist the City and its customers through the Food Rescue and the Procurement of Recovered Organic Waste program.

Valley Vista is committed to serving as a strategic collaborator, actively engaging in the deployment, expansion, and management of Food Recovery initiatives within the city. This extends to Food Recovery Organizations and dedicated Food Recovery Services.

Implementation Strategy for the Food Rescue and Donation Program The Food Rescue and Donation Program is a critical component of Valley Vista’s commitment to SB 1383 compliance and reducing edible food waste. The strategy outlined below encompasses a comprehensive approach to e#ectively implement the program, involving collaboration with stakeholders, streamlined processes, and impactful outreach e#orts.

1. Stakeholder Engagement:
• City Collaboration: Valley Vista will engage
in close collaboration with the City of
Diamond Bar to align program goals,
establish reporting mechanisms, and
ensure seamless coordination.
• Food Rescue Organizations: Valley Vista
will identify and partner with established
food rescue organizations operating
within the city. Collaborative discussions
will ensure a clear understanding of roles
and responsibilities.

2. Outreach and Education:
• Community Awareness: Valley Vista will
launch a targeted awareness campaign
to inform residents, businesses, and food
establishments about the Food Rescue
and Donation Program’s purpose, bene"ts,
and participation process.
• Educational Materials: User-friendly
materials, such as brochures, posters,
and online resources, will be developed
to provide clear instructions on how to
segregate and prepare edible food for
donation.

3. Collection and Donation Process:
• Collection Routes: Designated collection
routes and schedules will be established
for the pickup of edible food from
participating businesses and food
establishments.
• Food Storage and Handling: Valley Vista
will provide guidelines to participating
entities on safe and hygienic food storage
and handling to ensure the donated food
remains suitable for consumption.
• Distribution Partnerships: Valley Vista will
collaborate with local food banks, shelters,
and community organizations to facilitate
the distribution of rescued food to those
in need.

4. Data Collection and Reporting:
• Tracking Systems: A robust data collection
and reporting system will be implemented
to track the amount of edible food rescued,
donated, and distributed.
• Regular Reporting: Valley Vista will provide
regular reports to the city, food rescue
organizations, and other stakeholders
to demonstrate program impact and
compliance with SB 1383 targets.

PROPOSAL FOR SOLID WASTE SERVICES
61 7.1.c
Packet Pg. 272
03 P40

5. Continuous Improvement:
• Feedback Mechanisms: Valley Vista will establish feedback mechanisms to gather insights from participating entities and distribution partners, allowing for continuous improvement of program e!ciency and e#ectiveness.
• Adaptation: The program will remain $exible to accommodate changing needs, technological advancements, and evolving regulations related to food rescue and donation.

6. Measurement of Success:
• Diversion Metrics: The success of the Food Rescue and Donation Program will be measured by tracking the quantity of edible food diverted from the waste stream, donated to those in need, and the resulting reduction in edible food waste. • Community Impact: The program’s impact on addressing food insecurity within the community will also serve as a signi"cant measure of success.

By systematically implementing this strategy, Valley Vista will establish a robust Food Rescue and Donation Program that aligns with SB 1383’s objectives and contributes positively to both environmental sustainability and social well-being within the City of Diamond Bar.

Procurement of Recovered Organic Waste Products
Valley Vista stands prepared to meet and surpass the City’s requisites for the procurement of reclaimed organic waste products. Over the years, Valley Vista’s organic waste program has facilitated the conversion of millions of tons of organic waste into compost. This transformative journey has been accomplished in partnership with esteemed entities like Agromin, Premium Soil Products, and the development of the Organics Diversion and Recycling Program.

This multifaceted program focuses on the collection and processing of organic waste, channeling it into sustainably manufactured feedstocks designed for energy conversion and the creation of fertility products. The overarching goal remains steadfast: diverting organic waste from land"lls. Bolstered by the Agromin partnership, Valley Vista gains access to an extensive network of authorized facilities and cutting-edge technologies dedicated to transforming organic materials into value-added goods.

PROPOSAL FOR SOLID WASTE SERVICES
62 7.1.c
Packet Pg. 273
03 P41

3.6 ORGANICS WASTE RECYCLING PROGRAM
Valley Vista Services (VVS) possesses extensive experience in aiding municipalities to achieve diversion goals by expertly managing organic waste collection, processing, and transformation. Our Sustainability Team’s comprehensive approach, referred to as the “All of the Above” solution, empowers the City of Diamond Bar to ful"ll state mandates and regulatory requisites outlined in SB1383 and AB1826. This solution concurrently minimizes the environmental impact of waste service operations.

SB1383 emphasizes reducing climate pollutants by diverting organic waste from land"lls, while AB1826 mandates organic waste recycling for businesses, multifamily, and residential customers. We meticulously adhere to CalRecycle’s stipulations to ensure proper compliance in commercial, multifamily, and residential recycling e#orts.

The journey of organic waste collection, processing, and transformation commences with VVS’s dedicated sustainability team, engaging in customer education and outreach. Comprising knowledgeable experts who ardently support zero-waste and sustainability initiatives, our team o#ers valuable insights, answers queries, and supplies resources to drive participation in our organic waste programs. Active customer participation provides optimal feedstock for the organic waste stream. Additionally, we collaborate with businesses to recover edible food surplus, redistributing it to underserved communities grappling with food insecurity.

The VVS “All of the Above” solution maximizes the processing and transformation of the city’s organic waste, strategically addressing the challenges of diverse waste streams. Our commitment extends to deploying government a#airs and compliance reporting teams to collaborate closely with city sta# and CalRecycle to ensure meticulous data management and reporting compliance.

Why “All of the Above”?
In Southern California, windrow composting is often employed for organic waste treatment, but it demands considerable space and time. Notably, no large-scale windrow composting is available from waste haulers in landlocked Los Angeles County. As a result, organics are transported over long distances, raising concerns about greenhouse gas emissions from the transportation. The VVS “All of the Above” solution circumvents a one-size-"ts-all approach by tailoring treatment to the unique characteristics of each organic waste load, incorporating the following approaches:
• Organics Processing
• Solid Separator
• Anaerobic Digestion
• Composting
• Covered Aerated Static Pile

PROPOSAL FOR SOLID WASTE SERVICES
63 7.1.c
Packet Pg. 274
03 P42

PROPOSAL FOR SOLID WASTE SERVICES
Organics Processing
VVS’s commitment to enhancing organics
processing is evident through the approval of
a 38,850 square foot expansion to the Grand
Central Recycling and Transfer Station (GCR)
in response to SB 1383. This $25M investment
scheduled to be completed in July 2024
re$ects VVS’s dedication to its cities and
communities. While some commercial food
waste can be directed to anaerobic digestion,
residential routes may necessitate additional
processing due to clear liner bags and diverse
green waste content, including large tree
branches requiring chipping. GCR will serve as
a hub, directing waste streams e!ciently.

Composting
Through Agromin and Premium Soil Products,
Valley Vista has converted vast amounts
of organic waste into compost, promoting
sustainable practices. The Organics Diversion
and Recycling Program ensures well-managed
o#site compost facilities and high-grade
compost distribution at community events.

Covered Aerated Static Pile
VVS is exploring innovative technology to
minimize travel distance for closing the
loop. Our executive leadership is focusing
on incorporating the Covered Aerated
Static Pile (CASP) system within the newly
expanded organics processing building. CASP,
utilized in Northern California, accelerates
decomposition and produces high-quality
compost via automated irrigation and
temperature control. This approach reduces
space requirements and eliminates the need
for transporting organics long distances. VVS
is considering implementing this technology
on its 10.25-acre facility, pioneering Los
Angeles County’s "rst-of-its-kind composting
operation.
64 7.1.c
Packet Pg. 275
03 P43

VAN POOL/CAR
POOL

CAR POOL

LOADING
29'-0"
26'-0"
37'-0"
JRMA 2021 All Rights Reserved ©

GRAND CENTRAL RECYCLING & TRANSFER
GREEN WASTE EXPANSION999 S. HATCHER AVENUE
CITY OF INDUSTRY, CA 91748
Job No. 4675

08.06.2021 SCALE: 1"=40'-0"
20' 40' 80' 160' 0'
N
TRUE
NORTH
E1 EXISTING LANDSCAPE, TYP.

EXISTING CONCRETE CURB AND GUTTEREXISTING 6' HIGH CHAIN LINK SWING GATE(S)EXISTING SURFACE PAVINGEXISTING CONCRETE TRUCK RAMPEXISTING CHAIN LINK FENCE WITH RAZOR WIREEXISTING RECESSED TRUCK SCALEEXISTING ELECTRICAL TRANSFORMEREXISTING SCE POWER POLEEXISTING CONCRETE DRIVE APPROACHEXISTING FIRE HYDRANTEXISTING ACCESSIBLE PARKING STALLSEXISTING STRIPED ACCESSIBLE PATH OF TRAVELEXISTING SHIPPING DOCKEXISTING TRUCK WELLEXISTING BOLLARDS & CONCRETE PADEXISTING ABOVE GROUND TANKEXISTING COMPRESSED AIR TANKEXISTING EQUIPMENTEXISTING PROPERTY LINEEXISTING 9'x19' STANDARD PARKING STALL E2E3E4E5E6E7E8E9
E10E11E12E13E14E15E16E17E18E19E20

EXISTING KEYNOTES

EXISTING

SCALEHOUSE
200 S.F.

EXISTING MATERIAL

RECOVERY FACILITY
46,650 S.F.

EXISTING TRANSFER

TUNNEL BELOW
4,900 S.F.

EXISTING SELF HAUL, GREEN

WASTE, TIPPING FLOOR
8,750 S.F. EXISTING

EMPLOYEE

BUILDING
6,000 S.F. EXISTING RAMP DOWN EXISTING RAMP UP

EXISTING

VEHICLE

ENTRANCE
FLARE

PROPOSED

COLLECTION PARKING
14 STALLS

EXISTING

VEHICLE PARKING
15 STALLS

EXISTING

TRANSFER STATION
47,050 S.F.

EXISTING

VEHICLE PARKING
178 STALLS
E.F.H.

E.F.H.

E.L.

E.L. E.L.

PROPOSED

METAL BUILDING

ENCLOSURE FOR

STORAGE
40' X 60'
2,400 S.F.
- ELECTRICAL ROOM- RELOCATED COMPRESSORS
E10
E1
E11
E4 E20
E1
E1
E11
E2
E11
E1
E20
E11
E1
E19
E18E16E17
E4
E14
E15
E1
E8E5 E4
E5
E3
E10
E9 E1
#
E.F.H.

KEYNOTE - SEE THIS SHEET

PARKING COUNT

ACCESSIBLE PARKING STALL SYMBOL

EXISTING FIRE HYDRANTSEXISTING LIGHT STANDARDEXISTING BOLLARDSEXISTING POWER POLEEXISTING PROPERTY LINEEXISTING CHAINLINK FENCEEXISTING EASEMENT

ACCESSIBLE PATH OF TRAVEL
26'-0" WIDE FIRE ACCESS

PCCP (PORTLAND CEMENT CONCRETE PAVMENT)EXISTING STRIPING E.L.S
E.B.E.P.P.
0 PROPOSED AREA OF IMPROVEMENTS
(PART OF SCOPE OF WORK)

EXISTING BUILDINGS
(NOT PART OF SCOPE)
E.P.P. E.P.P.

E9 E9 E20 E7
E12
E13
E4
E12
E5
26 35
35 26
22 14
15 SYMBOLS

OVERALL SITE PLAN AND FUTURE EXPANSION
LEGEND

PROPOSED DRIVERS

TRUCK CLEANOUT

CANOPY &

RESTROOMS
40' X 100'
4,000 S.F.
- DRIVER RESTROOMS 200 SF
A1.1

PROPOSED

GREEN WASTE/ ORGANICS

EXPANSION
36,450 S.F.

PROPOSED LANDSCAPE, TYP.PROPOSED SURFACE PAVINGPROPOSED TRUCK CLEANOUT CANOPYPROPOSED ORGANICS STORAGE TANKSPROPOSED GREEN WASTE LOADOUT

RELOCATED EXTERIOR BINS
PROPOSED BRIDGE OVER LOADOUT TUNNELPROPOSED DRIVEWAYPROPOSED CMU STRUCTUREPROPOSED TRENCH DRAINPROPOSED CONCRETE RETAINING WALLPROPOSED STEEL PUSH-WALLPROPOSED BIKE LOCKER LOCATIONPROPOSED LOCATION FOR VAN POOL/CAR POOL PARKING - MIN.

OF 2 SPOTS

PROPOSED CAR POOL LOADING AREA
1 12

KEYNOTES
E21
34567
7 5

ORGANICS

PROCESSING

HIGH MOISTURE

ORGANICS TIPPING
(APPROX. 100 TONS)

GREEN WASTE

PROCESSING

GREEN WASTE

FOR LOADOUT

RAMP DOWN
7% MAX
8 8

RAMP UP

GREEN WASTE

PRE-PROCESSING
9 RAMP DOWN
1011
10 11
12 1
A2.1
1 A2.2
E1
E20
E21
E21
E21

BUILDING SUMMARY
EXISTING TRANSFER STATIONEXISTING SELF-HAULEXISTING MRFEXISTING EMPLOYEE BLDG.

SUB-TOTAL EXIST BLDG.

PROPOSED GREEN WASTE/

ORGANICS EXPANSION

PROPOSED STORAGE
SUB-TOTAL PROP. BLDG.

TOTAL FLOOR AREA
47,050 SF
8,750 SF

46.650 SF
6000 SF
108,450 SF
36,450 SF
2,400 SF38,850 SF
147,300 SF

SITE SUMMARY

TOTAL BUILDING AREA

LANDSCAPE

CIRCULATION/PARKING

TOTAL SITE AREA
143,748 SF
53,631 SF
249,546 SF446,925 SF
32%
12%
56%
ASSESSORS PARCEL NUMBER: 8264-024-008
GENERAL PLAN DESIGNATION:EMPLOYMENT
ZONING DESIGNATION: INDUSTRIAL (M)

73.6%26.4%
100%
1314
14 13
NOTES

ALL MECHANICAL EQUIPMENT, TOWERS, CHIMNEYS,

ROOF STRUCTURES, RADIO AND TELEVISION MASTS

AND ALL OTHER MECHANICAL EQUIPMENT

EXTERNAL TO THE MAIN OR ACCESSORY

STRUCTURES SHALL BE SCREENED FROM PUBLIC

VIEW, AND SUCH SCREENING SHALL BE OF THE

SAME COLOR AS THE MAIN OR ACCESSORYSTRUCTURE OR, IF SCREENING IS IMPRACTICAL, AS

DETERMINED BY THE CITY ENGINEER, THE ROOF

STRUCTURES AND MECHANICAL EQUIPMENT SHALL

BE PAINTED SO AS TO BE NOT REFLECTIVE AND
COMPATIBLE WITH THE MAIN OR ACCESSORYSTRUCTURES.

1. 15
15 PROPOSED

LANDSCAPE
AREA
11,818 S.F.

PROPOSED

LANDSCAPE
AREA
3,870 S.F.
65 7.1.c
Packet Pg. 276
03 P44
A
A

8.1 8.1
HH
GG
FF
DD
CC
BB

6.2 6.27.2 7.2
2 A5.1
1 A5.2

5.3 JJ
E

4.2 4.2

11.1 11.1
M
M
D.9
D.9
H.9H.9
A.2A.2
B.L.B.L.B.L.

B.L.B.L.

B.L.

B.L.
173'-2" 59'-2"
28' - 6" 28' - 6" 28' - 6" 28' - 6" 29' - 7" 29' - 7" 29' - 7" 29' - 7" PER
MBS
PER
MBS
113' - 0" 119' - 4"
233' - 0" OVERALL

SEISMIC GAP
2' - 0"
B.L.
28' - 6" 28' - 6" 28' - 6" 27' - 6" 30' - 7" 29' - 7" 29' - 7" 29' - 7" PER
MBS
PER
MBS
PER
MBS
22' - 0" 27' - 4" 28' - 0" 28' - 0" 89' - 4" 30'-0"
196' - 0" OVERALL
A.1A.1

5.4 9
10 24' - 8" 24' - 8" 28' - 0" 28' - 0" 29' - 0" 30' - 0" 30' - 4" B.L.
1 PROPOSED EXPANSION EXISTING FACILITY
1 2
2 2
1 3
3 4
2 4 1
5 5
1 1
6 1
A5.1
2 A5.2
4 RAMP DOWN

GREEN WASTE

PROCESSING

GREEN WASTE

LOADOUT

ORGANICS

PROCESSING

GREEN WASTE

FOR LOADOUT

EXISTING

TRANSFER

STATION

EXISTING

RAMP UP
7 EQ
R.O.
16' - 0" EQ
EQ
R.O.

EQ 16' - 0"
EQ
R.O.
16' - 0" EQ EQ 16'-0" EQ 10'-7" 16'-0"
3'-0"
3'-0"
3'-4"
R.O. R.O.

R.O.

PROPOSED GREEN

WASTE/ ORGANICS

EXPANSION
© JRMA 2020 All Rights Reserved
GRAND CENTRAL RECYCLING & TRANSFER Job No. 4675

08.06.2021

OVERALL FLOOR PLAN

GREEN WASTE EXPANSION
999 HATCHER AVENUE
CITY OF INDUSTRY, CA 91748 A2.1 REFERENCE NORTH N 0' 8' 16' 32' 64' SCALE: 1/16" = 1' 1 TILT-UP CONCRETE PANELS - COLOR: DUNN EDWARDS : CHALKY DEC793
2 METAL BUILDING SYSTEMS-RIGID FRAME COLUMN3 METAL BUILDING SYSTEMS-END WALL COLUMN 4 OVERHEAD COILING DOOR - COLOR: DUNN EDWARDS COLD WIND DE6351
5 STEEL PUSHWALL ASSEMBLY6 TRUCK SCALES
7 PROPOSED BRIDGE OVER EXISTING LOADOUT RAMP

KEYNOTES
66 7.1.c
Packet Pg. 277
03 P45
2 A B C
1 40'-0"
60'-0"
3'-2" 7'-4" 3'-4" 26'-2"
30'-0" 30'-0"
16'-8" 3'-4" 3'-0" 6'-0" 1'-0"
10'-0"
20'-0"
SCALE: 316"=1'-0"
8' 16' 0' 4'
N
TRUE
NORTH
JRMA 2021 All Rights Reserved ©

GRAND CENTRAL RECYCLING & TRANSFER
GREEN WASTE EXPANSION999 S. HATCHER AVENUECITY OF INDUSTRY, CA 91748 Job No. 4675

08.06.2021
N
TRUE
NORTH

ORGANICS PROCESSING EQUIPMENT LAYOUT

KEYNOTES

KEYNOTE NOT USEDKEYNOTE NOT USEDKEYNOTE NOT USEDKEYNOTE NOT USEDPROPOSED MBS COLUMNPROPOSED HOLLOW METAL DOORPROPOSED WINDOWKEYNOTE NOT USED

RELOCATED AIR COMPRESSORS

KEYNOTE NOT USEDKEYNOTE NOT USEDPROPOSED CONCRETE FOUNDATIONPROPOSED METAL WALL PANEL SYSTEM 1234567

DEMOLISHED KEYNOTES
R1 EXISTING METAL WALL PANEL TO BE REMOVED
#
E.F.H.

KEYNOTE - SEE THIS SHEET

PARKING COUNT

ACCESSIBLE PARKING STALL SYMBOL

EXISTING FIRE HYDRANTSEXISTING LIGHTEXISTING BOLLARDSEXISTING POWER POLEEXISTING PROPERTY LINEEXISTING CHAINLINK FENCEEXISTING EASEMENT

ACCESSIBLE PATH OF TRAVEL
E.L.S
E.B.E.P.P.
0 PROPOSED MBS ENCLOSURE
(PART OF SCOPE OF WORK)

EXISTING BUILDING
(NOT PART OF SCOPE)

SYMBOLS
LEGEND
89 101112

ELECTRICAL
ROOM

PROPOSED

METAL BUILDING

ENCLOSURE FOR

STORAGE
40' X 60'
24,000 S.F.
- ELECTRICAL ROOM- RELOCATED COMPRESSORS
R1
5 9 9
6 5
7 6
12 13
13 A2.2
67 7.1.c
Packet Pg. 278
03 P46
0’ 1ST FLOOR
− 0"
1ST FLOOR
0’ − 0"
12’ T.O. CONC
− 0"
T.O. CONC
12’ − 0"

A H G F D C B
40’ T.O. PARAPET
− 0"
T.O. PARAPET
40’ − 0"
J E
19’ CLERESTORY SILL
− 0"

CLERESTORY SILL
19’ − 0"
29’ CLERESTORY HEAD
− 6"

CLERESTORY HEAD
29’ − 6"
D.9 H.9

PROPOSED EXPANSION EXISTING FACILITY
1 2 3 4
5 6 1
4 6
6 4
5 2 3
4 6
7 4
8 9
0’ 1ST FLOOR
− 0"
1ST FLOOR
0’ − 0"
12’ T.O. CONC
− 0"
T.O. CONC
12’ − 0"

8.1 6.2 7.2
40’ T.O. PARAPET
− 0"
T.O. PARAPET
40’ − 0"

5.3 4.2 11.1
19’ CLERESTORY SILL
− 0"

CLERESTORY SILL
19’ − 0"
29’ CLERESTORY HEAD
− 6"

CLERESTORY HEAD
29’ − 6"
9 10

PROPOSED EXPANSION EXISTING FACILITY PROPOSED EXPANSION EXISTING FACILITY 1 3 2
5 8 6
6 4 7
© JRMA 2020 All Rights Reserved
GRAND CENTRAL RECYCLING & TRANSFER Job No. 4675

12.18.2020
EXTERIOR ELEVATIONSGREEN WASTE EXPANSION999 HATCHER AVENUECITY OF INDUSTRY, CA 91748 A5.1 3/32" = 1’−0"
1 WEST ELEVATION
3/32" = 1’−0"
2 SOUTH ELEVATION
1 TILT−UP CONCRETE PANELS − COLOR: DUNN EDWARDS :

CHALKY DEC793
2 STRUCTURED POLYCARBONATE PANEL ASSEMBLIES3 FIXED LOUVER − COLOR: DUNN EDWARDS COLD WIND DE63514 TILT−UP CONCRETE PANEL REVEAL, TYP5 VERTICAL CONCRETE FORM LINER PATTERN6 TILT−UP CONCRETE PANEL JOINT, TYP7 PAINTED ACCENT BAND, TYP − COLOR: DUNN EDWARDS EARHART EMERALD DET537
8 OVERHEAD COILING DOOR − COLOR: DUNN EDWARDS COLD
WIND DE6351
9 EXTERIOR EXPANSION JOINT COVER ASSEMBLY − COLOR:

KEYNOTES
DUNN EDWARDS COLD WIND DE6351
Job No. 4675

08.06.2021
68 7.1.c
Packet Pg. 279
03 P47
0’ 1ST FLOOR
− 0"
1ST FLOOR
0’ − 0"
12’ T.O. CONC
− 0"
T.O. CONC
12’ − 0"
40’ T.O. PARAPET
− 0"
T.O. PARAPET
40’ − 0"
19’ CLERESTORY SILL
− 0"

CLERESTORY SILL
19’ − 0"
29’ CLERESTORY HEAD
− 6"

CLERESTORY HEAD
29’ − 6"

PROPOSED EXPANSION EXISTING FACILITY
1 4 6
5 2
3 4
8 10
7 7
10 9
0’ 1ST FLOOR
− 0"
1ST FLOOR
0’ − 0"
12’ T.O. CONC
− 0"
T.O. CONC
12’ − 0"
A C.8 H G F D C B
40’ T.O. PARAPET
− 0"
T.O. PARAPET
40’ − 0"
J
19’ CLERESTORY SILL
− 0"

CLERESTORY SILL
19’ − 0"
29’ CLERESTORY HEAD
− 6"

CLERESTORY HEAD
29’ − 6"
D.9 H.9

PROPOSED EXPANSION EXISTING FACILITY
1 2
3 4
5 6 7
7 8
9 1
2 3
5 6 10
© JRMA 2020 All Rights Reserved
GRAND CENTRAL RECYCLING & TRANSFER Job No. 4675

12.18.2020
EXTERIOR ELEVATIONSGREEN WASTE EXPANSION999 HATCHER AVENUECITY OF INDUSTRY, CA 91748 A5.2 3/32" = 1’−0"
1 3/32" = 1’−0"

SOUTHEAST ELEVATION
2 EAST ELEVATION
1 TILT−UP CONCRETE PANELS − COLOR: DUNN EDWARDS :

DUNN EDWARDS COLD WIND DE6351
10 HOLLOW METAL DOOR AND FRAME − COLOR: DUNN EDWARDS

KEYNOTES
COLD WIND DE6351
Job No. 4675

08.06.2021
69 7.1.c
Packet Pg. 280
03 P48
C4 C6 C1
60'-0"

PROPOSED ORGANICS BUILDING EXISTING MRF BUILDING (BEYOND) EXISTING MRF BUILDING (BEYOND) 14 13 12 11 15
40'-0"

PROPOSED ORGANICS BUILDING EXISTING MRF BUILDING
A5.3 JRMA 2020 All Rights Reserved © GRAND CENTRAL RECYCLING & TRANSFER GREEN WASTE EXPANSION 999 S. HATCHER AVENUE CITY OF INDUSTRY, CA 91748 Job No. 4675 12.18.2020 +18'-0"

DOOR HEAD
+29'-4"
EAVE HT.

LOW SIDE
+40'-0"
T.O.EXISTING PARAPET
+31'-0"
EAVE HT.

HIGH SIDE
+40'-0"
T.O.EXISTING PARAPET
+31'-0"
EAVE HT.

HIGH SIDE
+29'-4"
EAVE HT.

LOW SIDE
1 KEYNOTES
VERTICAL RIB METAL PANEL. COLOR:

DUNN EDWARDS CHALKY DEC793
METAL ROOF PANEL. COLOR:

POLAR WHITE

OVERHEAD COILDING DOOR

MANDOOR
4'X6' FIXED WINDOW

CONCRETE FILLED PIPE BOLLARD
EAVE GUTTER. COLOR TO MATCH BUILDING FIELD COLORDOWNSPOUT. COLOR TO MATCH BUILDING FIELD COLOR

EXISTING KEYNOTES
EXISTING METAL WALL PANEL. COLOR SIMILAR TO:DUNN EDWARDS CHALKY DEC793EXISTING METAL TRIM. ACCENT COLOR SIMILAR TO:DUNN EDWARDS EARHART EMERALD DET537EXISTING TRANSLUCENT WALL PANELEXISTING FIXED LOUVER E#
E1E2E3E4
23456
1 4 3 6
2 8
2 78
7 8
7 1
C4 C6 C1
60'-0"

PROPOSED ORGANICS BUILDING EXISTING MRF BUILDING (BEYOND) EXISTING MRF BUILDING (BEYOND) 14 13 12 11 15
40'-0"

PROPOSED ORGANICS BUILDING EXISTING MRF BUILDING
+18'-0"

DOOR HEAD
+29'-4"
EAVE HT.

LOW SIDE
+40'-0"
T.O.EXISTING PARAPET
+31'-0"
EAVE HT.

HIGH SIDE
+40'-0"
T.O.EXISTING PARAPET
+31'-0"
EAVE HT.

HIGH SIDE
+29'-4"
EAVE HT.

LOW SIDE
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1 Job No. 4675

08.06.2021
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Residential Organic Waste Recycling
Valley Vista will supply residential customers with a Green Container for Source Separated Green Container Organic Waste collection.

In-House Preparation of Organic Materials
To facilitate e#ective participation in the Organics Recycling Program, Valley Vista recognizes the importance of educating customers about proper in-house preparation of organic materials. Through a targeted and comprehensive outreach strategy, customers will gain a clear understanding of how to segregate and prepare their organic waste, ensuring maximum diversion and environmental bene"t.

Educational Outreach
• Information Materials: Valley Vista will develop user-friendly educational materials, such as brochures, pamphlets, and visual guides, that clearly explain the types of organic materials that can be included in the organics containers. These materials will include simple pictograms and clear instructions to accommodate customers of varying language backgrounds and literacy levels.
• Multilingual Content: Recognizing the diverse population within the City of Diamond Bar, Valley Vista’s educational materials will be available in multiple languages to ensure inclusivity and accessibility.
• Workshops and Community Meetings: Valley Vista’s environmental services team, supported by community liaisons, will conduct workshops and community meetings in various neighborhoods. These events will provide interactive platforms for customers to ask questions, clarify doubts, and receive hands-on demonstrations of proper in-house preparation.

By combining these educational e#orts, Valley Vista will empower residential customers to make informed decisions regarding the in-house preparation of organic materials. This approach ensures that participants can seamlessly integrate sustainable practices into their daily routines, contributing to the success of the Organics Recycling Program.

Accepted organic materials include:
• Branches (less than 4 ft. long and 4 inches
in diameter)
• Brush
• Flower cuttings
• Flowers
• Garden trimmings
• Grass
• Hay
• House plants
• Lawn clippings
• Leaves
• Pruning
• Shrubbery
• Straw
• Tree Twigs (less than 4 ft. long and 4 inches
in diameter)
• Weeds
• Wood chips
• Yard waste

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Acceptable Food Waste Materials in Organics Containers:
• All Food Scraps including fruits, vegetables,
peels, and pits
• Meat, poultry, "sh, seafood, and bones
• All dairy products, eggshells, $owers,
leaves
• Bread, grain, pasta, and nuts
• Tea bags, tea leaves, co#ee grounds, and
"lters
• Garden waste
Small Quantities of:
• Egg cartons
• Paper placemats
• Paper towels
• Serviettes
• Paper plates
• Compostable bags
Materials NOT Accepted in Organics Containers:
• Styrofoam
• Glass
• Metals
• Grease trappings or tallow
• Liquids
• Plastic utensils, plates, or cups
• Aluminum foil packaging
• Non-compostable plastic bags
Commercial Waste Management
For commercial customers generating more than 4 yards of waste per week, a 65-gallon organics cart will be provided for organics collection. Larger producers of organic waste have the option to subscribe to bin service for e!cient collection. The collected material will undergo processing through the Scott Turbo Separator, extracting the organic mash for composting or energy production, while the remaining waste stream will be maximally recovered and diverted.

Engagement and Education Strategy for Waste Diversion Compliance • Collaborative Approach: Valley Vista Services (VVS) recognizes the importance of close collaboration with the city and local leaders to ensure the successful implementation of waste diversion programs. We are committed to working hand-in-hand to develop a calendar of events that maximizes community engagement and education. • Calendar of Events: VVS, in coordination with the city and local leaders, will create a comprehensive calendar of events designed to inform, engage, and educate residents, businesses, and other stakeholders about waste diversion programs. This calendar will include a variety of activities strategically scheduled throughout the year to reach the widest possible audience.

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PROPOSAL FOR SOLID WASTE SERVICES
• Workshop and Meeting Schedule: Through our dedicated environmental services team, under the guidance of our experienced community liaison, we will organize and conduct informative workshops and meetings. These sessions will be strategically planned to ensure optimal participation. We understand the importance of catering to the diverse demographics of the community and will o#er these workshops in multiple languages to facilitate understanding and inclusivity.
• Interactive Educational Methods: Our workshops will utilize interactive educational methods to e#ectively communicate the requirements and bene"ts of the new waste management system. Attendees will actively engage in discussions, demonstrations, and activities that showcase proper waste sorting techniques, emphasize the signi"cance of waste reduction, and address any questions or concerns.
• Comprehensive Coverage: These workshops and meetings will comprehensively cover the regulatory obligations outlined in SB 1383, AB 1826, and local program service modi"cations.

Attendees will gain a clear understanding of their roles in waste diversion compliance and the positive impact it has on the environment and the community. • Ongoing Support: Our commitment to education and engagement extends beyond the workshops. We will provide ongoing support through various communication channels, including a dedicated website, informative videos, and email newsletters. Residents and businesses can access resources, guidelines, and updates to stay informed and encouraged to participate actively.
• Incorporating Feedback: VVS values feedback from the community and local leaders. We will continuously assess the e#ectiveness of our education e#orts and adjust based on input from participants. This iterative approach ensures that our engagement strategies remain relevant and impactful.

By collaborating closely with the city and local leaders to develop a dynamic calendar of events, VVS aims to foster a sense of ownership and enthusiasm within the community for waste diversion initiatives. Together, we can create a more sustainable future while promoting a cleaner, healthier environment for all.
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PROPOSAL FOR SOLID WASTE SERVICES
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3.7 Recyclable Materials
Residential Customers
Residential Recycling Program
For residential customers, VVS will maintain current service levels for collection. Materials will be transported to GCR, where they will undergo processing, including separation by commodity for marketing or repurposing. Our rigorous screening process removes "nes and soiled paper products, optimizing the diversion process. All educational and outreach materials shared with residential customers will be pre-approved by the city.

Accepted Items in Recycling Carts:

PROPOSAL FOR SOLID WASTE SERVICES
• Aluminum trays, plates
• Bleach bottles (#2 plastic)
• Brown paper bags
• Cans (metal food and
drink cans)
• Cardboard boxes
(corrugated)
• Catalogs
• Cereal boxes (without
liners)
• Computer paper
• Detergent boxes
(laundry)
• Dish soap bottles (#2
plastic)
• Envelopes
• Glass bottles & jars & lids
• Juice bottles (#1 plastic)
• Junk mail
• Magazines
• Newspapers and $iers
• O!ce paper
• Photocopy paper
• Plastic containers
• Shampoo bottles (#1 & #2)
• Shoe boxes
• Telephone books
• Tissue boxes
• Tub containers (#1-#7)
• Plastic or glass water jugs
• Wrapping Paper
• Brochures
• Crayon drawings
• Copy Paper
• Food Boxes
• Milk cartons
• Juice boxes
• Soda/Beer cartons
• Egg cartons (paper "ber)
• Paper bags
• Gift boxes
• Juice Bottles
• Beer Bottles
• Wine Bottles
• Liquor Bottles
• Baby food jars
• Condiment jars
• Jam Jars
• Jelly Jars
• Assorted food jars
• Salad dressing bottles
• Plastic water bottles
• Plastic soda bottles
• Plastic milk jugs
• Shampoo bottles
• Lotion bottles
• Food bottles
• Condiment bottles
• Motor oil containers
• Vegetable oil bottles
• Aluminum soda cans
• Aluminum beer cans
• Fruit cans
• Vegetable cans
• Pet food cans
• Juice cans
• Soup cans
• Sauce Cans
• Assorted food cans
• Metal Hangers
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Contamination Monitoring
Please reference Section 3: Page 35, 36, and 37
Commercial Recycling Program
Valley Vista will use collected data and preliminary
route audits to ensure that commercial customers
receive a consistent service level. Our labeled bins,
accompanied by instructional pictograms, will be
supplemented by pre-approved education materials
mailed to all customers. These materials will cover the new program, legislative requirements, workshops,
and the signi"cance of participation. All waste
from mixed waste bins will be directed to GCR for
comprehensive processing, enhancing commodity
recovery and diversion e#orts.

Multi-Family Recycling Program
Drawing from comprehensive data collection and a
preliminary route audit, our multi-family customers
will receive bin sizes and service frequencies aligned
with their current preferences. Our bins will feature
clear instructions and instructive pictograms for
easy understanding. To further educate and engage
residents, pre-approved educational materials will be
sent via mail, detailing the new program, hosting technical workshops, outlining legislative requirements, emphasizing participation’s signi"cance, and extending invitations for site visits by our environmental services team. All contents from mixed waste bins will be meticulously transported to GCR for processing, ensuring the highest possible commodity recovery and diversion rates.

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3.8 PROCUREMENT OF RECEIVED ORGANIC WASTE PRODUCTS
Provision of Recovered Organic Waste Products and Solutions Valley Vista has meticulously devised strategies and executed actions to not only meet but surpass the City’s requisites for procuring recovered organic waste products. Over the years of orchestrating the organics waste program, Valley Vista has successfully converted substantial volumes of organic waste into nutrient-rich compost. This substantial achievement was made possible through a collaborative partnership involving Agromin, Premium Soil Products, and the establishment of the Organics Diversion and Recycling Program. This comprehensive initiative is centered on e!ciently collecting and processing organic waste, transforming it into sustainable feedstocks for energy conversion and fertility products, resulting in substantial land"ll diversion.

Through the synergistic alliance with Agromin, Valley Vista gains access to an extensive network of authorized facilities and advanced technologies, fully equipped to process organic materials into value-added products. Grand Central Recycling and Transfer Station, a cornerstone of the regional infrastructure, serves as an operational epicenter poised to enhance the City’s waste management strategy.

An additional transformative approach is highlighted in our broader “Healthy Air and Soil Diamond Bar” (HASA) initiative. Primarily aimed at residential customers, HASA introduces a natural method for organics recycling. With a domestic anaerobic digestion device provided by Valley Vista, Diamond Bar households can e!ciently convert kitchen organic waste into a valuable soil amendment pulp. This program fosters a culture of personal garden use as the preferred option for the amendment, with donation as a secondary alternative facilitated through the dedicated HASA partnership network.

Collectively, Valley Vista’s comprehensive solutions stand as an integrated response to AB939, AB1826, AB1594, and SB1383 mandates, providing the City of Diamond Bar with e#ective mechanisms to manage organic waste while demonstrating an unwavering commitment to environmental stewardship.

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3.9 PROPOSED OPERATION FACILITIES
This section outlines the key details of Valley Vista’s proposed operating facilities, encompassing essential elements like equipment staging, maintenance arrangements, o!ce locations, and other pertinent facilities to facilitate service provision under this agreement.

Collection and Service Operations Base
Valley Vista’s central hub for collection and service operations is situated at 17445 East Railroad Street, City of Industry, CA 91748. This facility encompasses a comprehensive setup, including a maintenance yard, administration building, container storage area (both indoor and outdoor), recyclables loading zone, and a fueling station catering to all Valley Vista vehicles and equipment.

Administrative Center
The administration building, spanning 13,000 square feet, serves as the heart of Valley Vista’s administrative functions. Within its walls, the billing department, customer services, management teams, franchise administrators, sales professionals, and public relations personnel converge. This space accommodates the productive endeavors of approximately 285 employees, providing an environment conducive to quality work and e#ective administrative services.

State-of-the-Art Maintenance Facility
Boasting state-of-the-art capabilities, Valley Vista’s maintenance facility is a vital component of its operational setup. This facility is responsible for maintaining a diverse $eet of 185 collection vehicles, along with support trucks and equipment. Equipped with overhead reels for $uids, air, and electricity, the facility features a 75,000-pound capacity drive-on lift to facilitate e!cient vehicle inspections, repairs, and upkeep. Augie Landino spearheads the maintenance department, overseeing a range of activities, from repairs to inspections, ensuring the $eet’s optimal performance and aesthetics.

Container Repair Center
The bin repair building plays a pivotal role in maintaining compliance standards and internal controls. Refuse and recycling bins, roll-o# containers, and metal containers are meticulously repaired, welded, painted, and equipped with replacement casters. This facility ensures that all containers remain in good working order, adhering to high-quality standards and aesthetic appeal.

Cart Storage and Management
Valley Vista’s warehouse serves as a dedicated cart storage facility, conveniently located oncampus. Housing automated carts, this space facilitates cart replacement, distribution to contracted cities, repairs, and smooth transitions during franchise changes. Under the e!cient oversight of Susan Silvestri and her team, an ample inventory of automated carts is maintained, ensuring seamless service provision across all franchised and contracted areas.

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Cutting-Edge Fueling Station
Valley Vista’s commitment to sustainable practices is evidenced by the on-site fueling station, a cutting-edge facility compliant with AQMD requirements. The station dispenses diesel fuel, RNG (Renewable Natural Gas), and gasoline. It’s a crucial component for Valley Vista’s RNG vehicles operating in multiple cities, including Walnut, Diamond Bar, Bassett-Valinda, La Puente, City of Industry, El Monte, Hacienda Heights, Huntington Park, and the Gateway and Puente Hills areas within the East San Gabriel Valley.

In summary, Valley Vista’s proposed operational facilities are a testament to the organization’s dedication to e!cient and sustainable waste management, encapsulating comprehensive infrastructure for collection, maintenance, administration, repairs, and innovative fueling practices.

Zero Emissions Vehicles (ZEV)
VVS has demonstrated itself as an industry frontrunner in the adaptation and implementation of RNG/CNG vehicles, a journey that commenced over two decades ago with the deployment of our initial units in the City of Diamond Bar. However, our commitment to innovation doesn’t stop there; we are proactively steering towards the future of ZEV utilization. Presently, we are in the process of crafting a comprehensive Level 2 EV charging infrastructure strategy to accommodate our initial $eet of 20 heavy-duty units. What’s more, we have already welcomed our inaugural EV bin delivery vehicle into our $eet.

Our approach is marked by a resolute pursuit of the future, one that aligns with our dedication to environmental sustainability and regulatory compliance. Through forward-thinking initiatives and decisive action, VVS remains steadfastly positioned at the vanguard of environmental advancements, ensuring a greener and more compliant tomorrow.

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37'-2"
34'-3" 45'-5"
59'-7" 12'-0"
2'-0"
12'-0"
33'-6" 26'-1"
12'-0"
60'-0"
26'-0"
N
1 SCALE 1" = 30'-0"

KEYNOTES
1 NOTES:

LEGEND

SITEPLAN
A1.1
E1 EXISTING TRANSFER TRUCK STALLS - RESTRIPE

EXISTING RAMPEXISTING LANDSCAPEEXISTING CONCRETE CURB AND GUTTEREXISTING EQUIPMENTEXISTING CONCRETE PAVINGEXISTING ASPHALTEXISTING CNG DISPENSERSEXISTING BOLLARDEXISTING ADA PARKING STALL TO BE RELOCATED, REFER TO KEYNOTE 10 ABOVE

EXISTING ADA PATH OF TRAVELEXISTING LIGHT TO BE RELOCATED, REFER TO KEYNOTE 12 ABOVE

EXISTING COLLECTION TRUCK STALLS - RESTRIPEEXISTING STANDARD PARKING STALL TO BE REMOVEDEXISTING HOSEREEL TO BE RELOCATED, REFER TO KEYNOTE 19 ABOVE

EXISTING LIGHTEXISTING FIRE HYDRANTEXISTING COLLECTION TRUCK STALL TO BE REMOVED E2E3E4E5E6

EXISTING

MAINTENANCE

BUILDING

EXISTING

EMPLOYEE

PARKING STALLS

EXISTING FIRE HYDRANTSEXISTING LIGHTSEXISTING CHAINLINK FENCEPROPERTY LINE E.F.H.E.L.

AISLE

NEW PAVING
8'-0" WIDE CNG DISPENSER AREA

CONCRETE K-RAIL W/ CNG DISPENSERCONCRETE PAVING - REFER TO CIVIL DRAWINGS 4" WIDE x 36'-0" LONG PAINTED STRIPES
8"Ø BOLLARD - REFER TO DETAIL XX/XX
PROPOSED LANDSCAPE, TYP.PROPOSED SURFACE PAVINGRELOCATED ADA PARKING STALLPROPOSED ADA PATH OF TRAVELRELOCATED LIGHTPROPOSED CNG DISPENSERPROPOSED BOLLARDPROPOSED TRANSFER TRUCK STALLSPROPOSED COLLECTION TRUCK STALLSPROPOSED CNG DISPENSER MOUNTED ON K-RAILPROPOSED STRIPINGRELOCATED HOSEREEL NOTES:

LEGEND
EXISTING KEYNOTES E#
23 TRANSFER

PARKING
8 STALLS
4 12
56 E1 TYP.
789
E3
TYP.

E3
TYP.

EXISTING

BUILDING
E.F.H.

EXISTING

TRANSFER STATION
E7
E6
TYP.

E7
TYP.

E3
E3
E3

EXISTING

PARKING
STALLS

COLLECTION

TRUCK PARKING
17 STALLS
E2
E4
E5

EXISTING

PARKING STALLS
E8
E8 TYP.

E9
E9 TYP.

E16 TYP.
10 E10
10 E10
11 E11
E11
12 E12
4 E12
1314
17 17
17 E8
TYP.
1516
E13
E13 TYP.
17 E14 E14 TYP.
18 18 TYP.
18 TYP.
19 E15
7 E16E17
E17
E17
E9
TYP.

E9
E18
4652-0
JRMA Project No.

XX XX

AS NOTED
CHK
DATE
DWN

AS NOTED
SCALE:

Project Revision

PROPOSED

CNG PARKING
LAYOUT FOR:

GRANDCENTRAL

RECYCLING
& TRANSFER
999 HATCHER

CITY OF INDUSTRY, CA

07.07.2023 OWNER REVIEW A
2700 SATURN ST, BREA, CA 92821
T. 714.524.1870 F. 714.524.1875
WWW.JRMA.COM
J.R.MILLER & ASSOCIATED SHALL RETAIN ALL COMMON LAW

STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE

COLLECTION

TRUCK PARKING
22 STALLS

COLLECTION

TRUCK PARKING
21 STALLS

COLLECTION

TRUCK PARKING

COLLECTION
21 STALLS

TRUCK PARKING
22 STALLS

CNG COLLECTION

TRUCK PARKING
16 STALLS
AREA OF PROPOSED (20) LEVLE 2 EV CHARGERS

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3.10 PROPOSED DISPOSAL, TRANSFER, AND PROCESSING FACILITIES Disposal Facilities
Valley Vista operates with strategic waste disposal arrangements that e#ectively manage the disposal of waste, contributing to sustainable waste management practices. These arrangements involve the delivery of over 500 tons per day of waste to the El Sobrante Land"ll, a facility managed by Waste Management Inc. This waste is e!ciently transferred through the Grand Central Recycling and Transfer Station, optimizing the waste management process.

Furthermore, Valley Vista maintains a steadfast commitment to responsible waste disposal by maintaining a long-term disposal contract with the Olinda Alpha Land"ll located in Orange County. This enduring contract underscores Valley Vista’s dedication to adhering to environmentally conscious disposal practices.

Through these contractual a!liations, Valley Vista ensures the proper and regulated disposal of waste, aligning with its ethos of promoting e#ective waste management solutions while contributing to a sustainable future.

6.c1 El Sobrante Landfill Summary
El Sobrante Land"ll
10910 Dawson Canyon Road. Corona, CA 91719 The name and address of the facility USA Waste Services of California, Inc.
10910 Dawson Canyon Road, Corona, CA 92883
(P) (951) 277-1740 (F) (951) 277-1861
Owner/operator
i.
ii.
iii.
iv.
v.
vi.

No connection or relationship between
Valley Vista Services and El Sobrante Land"ll,
except client/service provider relationship.

A statement regarding any
relationship between the proposer
and the facility owner operator
SWIS # 33-AA-0217
By Contract.

By Contract.

SWIS number
The price per ton
Indicate any solid waste facility
capacity guarantees being o#ered.

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6.c.2 Olinda Alpha Landfill Summary
Olinda Alpha Land"ll
1942 N. Valencia Avenue Brea, CA 928239 The name and address of the facility OC Waste and Recycling
300 N Flower Street, Suite 400,
Santa Ana, CA 92703
(P) (714) 834-4000 (F) (714) 834-4002
Owner/operator
No connection or relationship between
Valley Vista Services and Olinda Alpha
Land"ll, except client/service provider
relationship.

A statement regarding any
relationship between the proposer
and the facility owner operator
30-AB-0035
By Contract.

N/A
The price per ton
Indicate any solid waste facility
capacity guarantees being o#ered.

Transfer and Processing Hub
Valley Vista’s waste management approach envisions the transportation and processing of all waste collected from the City of Diamond Bar through a streamlined system. This involves the utilization of state-of-the-art Renewable Natural Gas (RNG) vehicles to transport waste to the Grand Central Recycling and Transfer Station (GCR) for processing and subsequent transfer..

Integrated Waste Management
Grand Central Recycling and Transfer Station (GCR), situated in the City of Industry, plays a pivotal role in Valley Vista’s waste management strategy. Serving as an ultra-modern waste processing hub, GCR e!ciently processes and transfers solid waste materials. Strategically located on a 10-acre site within the City of Industry, GCR enjoys adjacency to both Valley Vista’s administrative o!ces and operational facilities. Notably, the geographical proximity between these entities is illustrated on the accompanying aerial map.

Facility Classification and Information
CalRecycle designates GCR as a Large Volume Transfer and Processing Facility, with a designated SWIS (Statewide Information System) code of #19-AA-1042. Further insights into the facility can be gleaned from the SWIS database description, accessible at www.calrecycle.ca.gov/SWFacilities. This classi"cation underscores GCR’s compliance with industry standards and regulations, positioning it as an integral component of Valley Vista’s waste management network.

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Processing Facility Overview
Since its establishment in 2004, Valley Vista has continually evolved and upgraded the Grand Central Recycling and Transfer Station (GCR) to optimize waste diversion e#orts. Notably, a recent $8.2 million enhancement has bolstered GCR’s capacity for single-stream processing, e#ectively addressing the requirements of AB 341 and catering to multifamily and commercial waste streams. GCR serves as a pivotal solution for client cities, catering to their waste management and compliance needs while promoting sustainable waste diversion.

Green Waste Processing Expansion
Amid ongoing developments, a green waste processing expansion is currently underway.

Rate Sheet
Details regarding service rates can be provided upon request.

Processing Facility
Under the stewardship of Mr. Peter Perez, GCR pro"ciently processes an array of materials, including curbside recyclables, source-separated commercial recyclables, mixed commercial waste, and construction demolition debris. With an annual diversion of over 90,000 tons, GCR contributes substantially to waste reduction e#orts. Mr. Peter Perez, the General Manager, brings extensive experience in global recyclable material marketing, facilitating long- and short-term contractual agreements with recycling facilities globally.

Grand Central Processing and Technology Upgrade
A recent $8.2 million upgrade has revitalized GCR’s capabilities, catering to multifamily and commercial requirements aligned with AB 341 mandates. A notable addition is the Titech Autosort, a sophisticated technology that meticulously sorts beverage containers based on color, material, and shape.

Two large trommels have been integrated to separate "nes from recyclable materials, enhancing the extraction of recyclables from waste streams. GCR’s upgraded arsenal includes screens, conveyor systems, bunkers, air classi"ers, and vibrating conveyors, facilitating up to 35% diversion for commercial dry waste and multifamily mixed waste streams.

The upgrade has signi"cantly heightened GCR’s diversion throughput for both commercial and residential services, e#ectively advancing waste reduction e#orts.

Processed Waste Streams
GCR adeptly processes an assortment of waste streams, including:
• Residential Single-Stream (RSS)
• Residential Mixed Waste (RMW)
• Commercial Mixed Waste (CMW)
• Mixed Construction and Demolition
Debris (MCD)
• Green Waste (GW)
• Bulky Items
• E-Waste

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PROPOSAL FOR SOLID WASTE SERVICES
Through ongoing enhancements, GCR remains at the forefront of e#ective waste diversion, embodying Valley Vista’s commitment to sustainable waste management solutions.

Items recovered
from SSR
Items recovered
from RMW
Items recovered
from CMW
Items recovered from
MCD include:

Food and Beverage
Containers
Food and Beverage
Containers
Food and Beverage
Containers Drywall
Newsprint Newsprint Newsprint Carpet
Pie pans Pie pans Books Concrete
Books Books Hardbound Asphalt
Hardbound Hardbound Paperback Wood
Paperback Paperback Textbooks Film and tubing
plastic
Textbooks Textbooks Corrugated boxes Cardboard
Corrugated boxes Corrugated boxes Brown, clear and
green glass
Scrap metal
Egg containers Egg containers Mail Brick, soil, stucco, and other inerts
Frozen food
packaging
Food boxes (including
cereal boxes)
Frozen food packaging Metal Reusable building
materials
Mailing boxes
Food boxes Food containers
Shoe boxes
Brown, clear
and green glass
Paper (all types
and colors)
Juice boxes (clean) Catalogs Items recovered
from GW include:

Juice boxes
(clean)
Envelopes with plastic
windows Magazines Grass clippings
Brown, clear
and green glass Mail Folders Yard waste
Mail Metal Plastic Tree trimmings
A table indicating items recovered at GCR
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PROPOSAL FOR SOLID WASTE SERVICES
Envelopes with
plastic windows
Plastic containers
#1 through #7
Plants and
landscape waste
Items recovered from
Bulky Items include:

Food containers
Metal Paper (all types and colors) Wood
Food containers Catalogs
Paper (all types
and colors) Folders
Catalogs Magazines Wood
Folders Plastic Scrap metal
Magazines Plastic containers
#1 through #7 Appliances
Plastic Prescription bottles
including lids and caps Inerts
Plastic containers
#1 through #7
Tin and
aluminum cans E-waste
Prescription bottles
including lids and caps Cardboard
Tin and
aluminum cans
A table indicating items recovered at GCR
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PROPOSAL FOR SOLID WASTE SERVICES
Estimated Diversion Rates
Utilizing the GCR Transfer and RSS, RMW, CMW GW, MCD, Bulky Items, and E-waste programs, Valley Vista, will achieve a minimum cumulative diversion of 37% by weight across all waste streams under the service programs conducted.

Here is the breakdown of the Rates and Supporting Data:
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0404

DISPLACED EMPLOYEE

RETENTION
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DISPLACED EMPLOYEE RETENTION
Employment of Former Contractor Employees
Valley Vista Services, Inc. is committed to upholding the well-being of professionals within the solid waste and recycling sector, aligning with our corporate values. We pledge to retain employees who were previously employed by the former contractor or subcontractors, unless valid reasons prevent their retention.

To facilitate this process, a thorough evaluation will be conducted during the onboarding phase.

We will assess the existing workforce servicing the contract and determine if adjustments are needed in terms of personnel numbers. Within ten days of completing the evaluation, interviews will be conducted, and formal employment o!er letters will be extended to former contractor personnel. In cases where the number of applicants exceeds available positions, retention will be based on quali"cations and seniority within each job classi"cation.

Upon receiving acceptance, new hires will undergo a comprehensive onboarding process. To facilitate their transition, a designated “New Hire Mentor” will provide guidance, answer queries, and assist them. Initial weeks will involve training in internal procedures, initiation of safety protocols, and the completion of necessary documentation. Additionally, all employment o!ers are contingent upon successful completion of company requirements, encompassing controlled substances and alcohol tests, a physical examination, criminal background checks mandated by law, and other standard hiring criteria.
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0505

EXCEPTIONS TO THE

AGREEMENT
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Valley Vista has read the “Exceptions to the Terms of the Franchise Agreement” contained in the RFP and hereby takes NO EXCEPTION(S) to any of the provisions of the Draft Agreement as written. Valley Vista agrees to all terms and conditions of the agreement.

EXCEPTIONS TO THE AGREEMENT
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0707

PROPOSER CODE

OF CONDUCT
113

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PROPOSER CODE OF CONDUCT
114

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115
07 P3

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07 P4
116

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Valley Vista Services
17445 E. Railroad St.

City of Industry, CA 91748
117

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Exhibit 7

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January February March April May June July August September October November December Yearly Facility Name RDRS # Tons DirectHaul Tons
Residual
Tonnage Collected By Service Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Totals Landfills Recurring Service 1-
MSW 2-
Recycle Residual 3-
Special Collection Residual MRFs
Bulky Items 1-
Recycle 2-
Organics 3-
White Goods Recycling Facilities
Special Collections Recycled 1-
E-Waste 2-
Total Tonnage Collected 3-
Recurring Service Diversion % C&D Facilities
Roll Off 1-
C&D Recycle 2-
C&D Residual 3-
Recycle Total Tonnage - -
MSW
Total Tonnage Collected
Roll Off Diversion %
Temporary Bins
C&D
Recycle
MSW
Total Tonnage Collected
Temporary Service Diversion %
Total Tonnage Collected (All Services)
Landfilled
Recycled
Organics
Total Tons Collected
Total Tons Diverted
Total Diversion % All Services

CITY OF DIAMOND BAR TONNAGE REPORT
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Material January February March April May June July August September October November December Total Cardboard
HDPE Plastic
Old Newspaper
Tin
PET Plastic
Tubs Lids
Bulky Plastic
Aseptic
Film Plastic
3 Mix Glass
Plastic 3-7
Scrap Metal
Aluminum
Mixed Paper
Plastic Bags
Oil/Gal
Appliances
Total

RECYCLING TONNAGE SUMMARY
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SB 1383 Compliance January February March April May June July August September October November December Total Accounts
Total Units
Accounts Mandated to
Recycle Organics
Accounts Recycling
Organics
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Waivers
Accounts NOT recycling
Organics
Total Accounts
Total Units
Accounts Mandated to
Recycle Organics
Accounts Recycling
Organics
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Waivers
Accounts NOT recycling
Organics
AB 341 Compliance January February March April May June July August September October November December Total Accounts
Total Units
Accounts Mandated to
Recycle
Accounts Recycling
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Accounts NOT recycling
Total Accounts
Total Units
Accounts Mandated to
Recycle
Accounts Recycling
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Accounts NOT recycling
Compliance Issue
(AB341/SB1383) Customer Address Phone Email
Businesses
Multi-Family
Businesses
Multi-Family
List Non-Compliant Accounts
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CUSTOMER SERVICE SUMMARY
Customer Calls January February March April May June July August September October November December Total Missed Pickups (MPU's)
Complaints (other than MPU's)
Service Requests- Bulky
Service Request- HHW
Billing Inquiries
General Inquiries
Number of C&D Projects
Other Customer Calls
Total Calls
Service Change Breakdown
Name Address Phone Change Service Service Level Mon Tue Wed Thu Fri Sat Notes Add organics 35 gal X Added organics to existing account Remove Closed Account
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Total # Sites Containers Contaminated % Notices # Contamination Trash Recycling Organics of Routes Surveyed Surveyed Containers Contaminated Provided Fee Route # Customers January
February
March
April
May
June
July
August
September
October
November
December
Totals
Route Review Results
Audit Date Route Auditor Customer Name Customer
Address
Cart Type
Audited Results (C/NC) % Contaminated Disposed as Trash (Y/N) Contamination
Fee (Y/N)
Contamination
Notes (Describe
contaminants)
Education
Method
Link to
Photo
ROUTES Month Route Summary

ROUTE REVIEW SUMMARY
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EDUCATION MONITORING
January February March April May June July August September October November December Single- Family
Multi-Family
Business Only
January February March April May June July August September October November December Single- Family
Multi-Family
Business Only
January February March April May June July August September October November December Single- Family
Multi-Family
Business Only
CY 2024 Totals
Hauler Education Material Summary
Hauler Outreach Summary
Customer Type Total Customers Site Visits/ Workshops/ Events Total Education Item Description Date Submitted
for Review Date Approved Date Sent to Customer
Total Customers Total Education
Customer Type Total Customers Total Education
Print Materials
Electronic Materials
Customer Type
Event/Workshop Name Description Event date Attendees
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HOUSEHOLD HAZARDOUS WASTE COLLECTION SUMMARY
January February March April May June July August September October November December Flammable solids
Flammable liquids
Oil-based paints
Paint Related Materials
Poisons
Reactive and explosive
compressed gas cylinders
1 lb propane canister
PCB-containing Paint
Other PCB waste (includes
ballasts)
Antifreese
Auto type batteries
Latex paint
Motor Oil
Oil products
Used oil filters
Acid Inorganic and organic acid
Base inorganic and organic base
Oxidizer
Neutral oxidizers, Organic
peroxides, Oxidizing
acid/base
Asbestos Asbestos
Mercury containing
automatic switches
Mercury containing
thermostats
Other Mercury containing
waste
Lamps
Photovoltaic Modules
Batteries (other)
Aerosol cans
Rechargeable batteries
Covered Electronic Devices
Other Electronic Devices
Home-generated Sharps
Home-generated
pharmaceutical waste
Treated wood
General/ Miscellaneous
Non RCRA solids/ liquids
Tires
Other
Pounds
Incinerated
Pounds
Neutralized
Other
Pounds Collected Material Catergory Material Type Pounds Recycled
Flammable and
Poisons
PCB-containing
Reclaimable
Universal Waste (UW)
Electronic Waste
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ROWP Procurement January February March April May June July August September October November December Renewable gas in the form of
transportation fuel (DGE)
Compost (tons)
Compost (cubic yards)
Mulch (tons)
Purchase Date Invoice Number Paper Type Volume Vendor Recycled Content %
2/23/2022 #123456 Office Paper 50 reams Staples 30%
Recycled Content Paper Procurement Log
Notes
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Vehicle Number Year Make Model License No. Serial No. Waste Stream Fuel Type Capacity (t) Dates Serviced Service Description Containers Total in Service Total in Reserve Total Disposed Total Carts- 35G Refuse
Carts- 64G Refuse
Carts- 96G Refuse
Carts- 35G Recycle
Carts- 64G Recycle
Carts- 96G Recycle
Carts- 35G Organics
Carts- 64G Organics
Carts- 96G Organics
Bins- 1.5Y Refuse
Bins- 2Y Refuse
Bins- 3Y Refuse
Bins- 4Y Refuse
Bins- 6Y Refuse
Bins- 1.5Y Recycle
Bins- 2Y Recycle
Bins- 3Y Recycle
Bins- 4Y Recycle
Bins- 6Y Recycle
Bins- 1.5Y Organics
Bins- 2Y Organics
Bins- 3Y Organics
Bins- 4Y Organics
Bins- 6Y Organics
RO- 12 to 16Y
RO-25 to 30Y
RO- 40 to 45Y
Compactor- 30Y
Compactor- 40Y
Equipment Inventory
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Route #Stops #Containers Planned Hours Actual Hours Route #Stops #Containers Planned Hours Actual Hours Route #Stops #Containers Planned Hours Actual Hours
Refuse Routes Recycling Routes
Organics Routes
Route Audit
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Attachment 4
Commercial Solid Waste Services Agreement

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FRANCHISE AGREEMENT FOR SOLID WASTE SERVICES
Between the City of Diamond Bar
and
Waste Management Collection and Recycling, Inc.

This 4th day of February 2025

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Diamond Bar – WM i Franchise Agreement for Solid Waste Services

TABLE OF CONTENTS
RECITALS...................................................................................................................................................................7 ARTICLE 1: DEFINITIONS.......................................................................................................................................... 10 ARTICLE 2: GRANT AND ACCEPTANCE OF FRANCHISE .............................................................................................24

2.1 GRANT AND ACCEPTANCE OF FRANCHISE, INDEMNITY OF AWARD..............................................................24

2.2 EXCLUSIVE NATURE OF FRANCHISE...............................................................................................................25

2.3 EFFECTIVE DATE ............................................................................................................................................25

2.4 TERM OF AGREEMENT...................................................................................................................................25

2.5 CITY’S OPTION TO EXTEND TERM ..................................................................................................................25

2.6 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR.............................................................................25

2.7 CONDITIONS TO EFFECTIVENESS OF AGREEMENT ........................................................................................27

2.8 DELEGATION OF AUTHORITY.........................................................................................................................27

2.9 LIMITATIONS TO THE SCOPE..........................................................................................................................27

2.10 CITY’S RIGHT TO DIRECT CHANGES................................................................................................................29

2.10.1 General .................................................................................................................................................29

2.10.2 New Diversion Programs......................................................................................................................29

2.10.3 City’s Right To Acquire Services............................................................................................................30

2.11 OWNERSHIP OF SOLID WASTE AND CITY’S RIGHT TO DIRECT SOLID WASTE...................................................30

2.12 CONTRACTOR’S CORPORATE STATUS ...........................................................................................................31

2.13 CONTRACTOR CORPORATE AUTHORIZATION ...............................................................................................31

2.14 ANNEXATIONS...............................................................................................................................................31

2.15 PERMITS AND LICENSES.................................................................................................................................31 ARTICLE 3: SCOPE OF COLLECTION SERVICES ..........................................................................................................32

3.1 SERVICES TO BE PROVIDED – GENERAL .........................................................................................................32

3.2 RESERVED......................................................................................................................................................32

3.3 COMMERCIAL AND MULTI-FAMILY COLLECTION SERVICES ..........................................................................32

3.3.1 CONTAINER Sizes..................................................................................................................................32

3.3.2 Commercial And Multi-Family Premises Cart Service...........................................................................33

3.3.3 Container Color.....................................................................................................................................33

3.3.4 Reserved ...............................................................................................................................................33

3.3.5 Reserved ...............................................................................................................................................33

3.3.6 Scout Service.........................................................................................................................................33

3.3.7 Bin Pushout Service ..............................................................................................................................33

3.3.8 Locking Bins..........................................................................................................................................34

3.3.9 Redelivery/Return Trip Fee ...................................................................................................................34

3.3.10 Contamination Warning Notices..........................................................................................................34

3.4 ROLL-OFF BOX SERVICE .................................................................................................................................35

3.5 TEMPORARY BIN SERVICE..............................................................................................................................35

3.6 ON-CALL BULKY ITEM PICKUP........................................................................................................................35

3.7 CITY SERVICES................................................................................................................................................36

3.7.1 City Facilities.........................................................................................................................................36

3.7.2 City-Sponsored Events..........................................................................................................................36

3.7.3 Emergency Collection And DIsposal Service .........................................................................................37

3.7.4 Abandoned Item Collection From City Right-of-Way Public Property ..................................................37

3.7.5 Community Development Review Services...........................................................................................37

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3.7.6 Large Venue Event Assistance ..............................................................................................................37

3.7.7 Confiscation Of Unauthorized Containers ............................................................................................38

3.7.8 Provision of Storage Containers ...........................................................................................................38

4.1 OPERATIONS .................................................................................................................................................38

4.1.1 Schedules..............................................................................................................................................38

4.1.2 Missed Pickups .....................................................................................................................................39

4.1.3 Holiday Collection Schedule..................................................................................................................39

4.1.4 Change In Collection Schedule..............................................................................................................39

4.1.5 DEDICATED Routes ...............................................................................................................................40

4.1.6 Overflowing Containers........................................................................................................................40

4.1.7 Graffiti Removal ...................................................................................................................................40

4.1.8 Litter Abatement ..................................................................................................................................40

4.1.9 Health And Safety Training...................................................................................................................41

4.1.10 Unauthorized Material Removal ..........................................................................................................41

4.1.11 Report Of Accumulation Of Solid Waste; unauthorized Dumping........................................................41

4.1.12 Route Audit...........................................................................................................................................42

4.1.13 Service Exceptions; Excluded Waste Notifications................................................................................43

4.1.14 Collection of Former Contractor’s Containers ......................................................................................43

4.2 VEHICLE REQUIREMENTS ..............................................................................................................................44

4.2.1 General .................................................................................................................................................44

4.2.2 Vehicle Specifications ...........................................................................................................................44

4.2.3 Vehicle Identification............................................................................................................................45

4.2.4 Cleaning And Maintenance ..................................................................................................................45

4.2.5 Vehicle Operations................................................................................................................................46

4.2.6 City Inspection Per Code .......................................................................................................................46

4.2.7 Vehicle Inspections...............................................................................................................................47

4.2.8 Correction Of Defects ...........................................................................................................................47

4.2.9 City Informational Displays...................................................................................................................47

4.2.10 Vehicle And Equipment Inventory ........................................................................................................47

4.3 CONTAINER REQUIREMENTS.........................................................................................................................47

4.3.1 Cart Requirements................................................................................................................................47

4.3.2 Bin Requirements..................................................................................................................................51

4.3.3 Roll-Off Box Requirements....................................................................................................................51

4.4 PERSONNEL ...................................................................................................................................................52

4.4.1 Qualified Personnel ..............................................................................................................................52

4.4.2 Identification Required .........................................................................................................................52

4.4.3 Hazardous Material Employee Training ...............................................................................................52

4.4.4 Fees And Gratuities...............................................................................................................................52

4.4.5 Non-Discrimination...............................................................................................................................52

4.4.6 Hiring of Displaced Employees .............................................................................................................52

4.4.7 City Liaison............................................................................................................................................53

4.4.8 Service Liaison ......................................................................................................................................53

4.4.9 Environmental Coordinator ....................................................................................................................53

4.4.10 City’s Right to Approve City and Service Liaison.......................................................................................53 ARTICLE 5: PROCESSING AND DISPOSAL REQUIREMENTS .......................................................................................54

5.1 TRANSPORTATION OF DISCARDED MATERIALS.............................................................................................54

5.2 DIVERSION AND PROCESSING REQUIREMENTS.............................................................................................54

5.2.1 Processing Of Recyclables And Organics..............................................................................................54

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5.2.2 End Uses For Organics..........................................................................................................................54

5.2.3 Bulky Item Diversion .............................................................................................................................55

5.2.4 Construction And Demolition Debris Diversion.....................................................................................55

5.2.5 Diversion of Electronic, Universal and Other Special Waste.................................................................55

5.3 MARKETING AND SALE OF RECYCLABLES ......................................................................................................55

5.4 USE OF DESIGNATED FACILITIES ....................................................................................................................56

5.5 USE OF CONTRACTOR-OWNED APPROVED FACILITIES..................................................................................56

5.6 SOLID WASTE CAPACITY GUARANTEE ...........................................................................................................56 ARTICLE 6: OTHER SERVICES ...................................................................................................................................57

6.1 BILLING AND CONTRACTOR COMPENSATION...............................................................................................57

6.1.1 Reserved ...............................................................................................................................................57

6.1.2 Commercial Cart and Bin Service..........................................................................................................57

6.1.3 Reserved ...............................................................................................................................................57

6.1.4 Reserved ...............................................................................................................................................57

6.1.5 Form of Payment for roll-off or temporary bin service.........................................................................57

6.1.6 Temporary Bin and Roll-Off Box Service ...............................................................................................57

6.1.7 Automated Billing Payment..................................................................................................................58

6.1.8 Bill Payment by Phone ..........................................................................................................................58

6.1.9 Review of Billings..................................................................................................................................58

6.1.10 Suspension Of Service Due To Non-Payment........................................................................................58

6.1.11 Debt Collection .....................................................................................................................................59

6.1.12 Continued Provision Of Service.............................................................................................................59

6.1.13 No Marketing .......................................................................................................................................59

6.2 CUSTOMER SERVICE ......................................................................................................................................59

6.2.1 Local Office ...........................................................................................................................................59

6.2.2 Customer Service Portal........................................................................................................................59

6.2.3 Customer Complaints, Inquiries And Service Requests.........................................................................60

6.2.4 Customer Service Standards.................................................................................................................60

6.2.5 Resolution Of Customer Complaints.....................................................................................................61

6.2.6 Emergency Contacts.............................................................................................................................61

6.2.7 Multi-lingual, TDD Services...................................................................................................................61

6.3 CUSTOMER OUTREACH AND EDUCATION.....................................................................................................62

6.3.1 On-Going Education Requirements ......................................................................................................62

6.3.2 Reserved ...............................................................................................................................................64

6.4 AB 341, AB 1826, AND SB 1383 COMPLIANCE ...............................................................................................64

6.4.1 Enrollment Of Non-Compliant Customers ............................................................................................65

6.4.2 On-Going On-Site Training....................................................................................................................66

6.4.3 SB 1383 Dashboard ..............................................................................................................................66

6.4.4 Route Reviews ......................................................................................................................................66

6.4.5 Waste Stream Audits............................................................................................................................67

6.4.6 Exemption/Waiver Assistance ..............................................................................................................67

6.4.7 Edible Food Recovery............................................................................................................................67

6.4.8 Procurement of Recovered OrganicS Waste Products..........................................................................67

6.4.9 Education & Outreach for AB 341, AB 1826, And SB 1383 DIVERSION.................................................68 ARTICLE 7: FRANCHISE FEE, CALRECYCLE COMPLIANCE FEE, VEHICLE IMPACT FEE, AND OTHER FEES .....................69

7.1 FRANCHISE FEE..............................................................................................................................................69

7.2 CALRECYCLE COMPLIANCE FEE......................................................................................................................69

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7.3 RESERVED......................................................................................................................................................70

7.4 RESERVED......................................................................................................................................................70

7.5 CONTRACTING FEE ........................................................................................................................................70

7.6 TIME AND METHOD OF FEE PAYMENTS TO THE CITY ....................................................................................70 ARTICLE 8: RECORDS, REPORTS AND INFORMATION REQUESTS .............................................................................70

8.1 GENERAL .......................................................................................................................................................70

8.2 RECORDS .......................................................................................................................................................71

8.2.1 General .................................................................................................................................................71

8.2.2 Financial Records..................................................................................................................................71

8.2.3 Solid Waste Records.............................................................................................................................72

8.2.4 CERCLA Defense Records......................................................................................................................73

8.2.5 Other Programs’ Records......................................................................................................................73

8.2.6 Audit.....................................................................................................................................................73

8.2.7 Payments And Refunds.........................................................................................................................74

8.3 REPORTS........................................................................................................................................................74

8.3.1 Monthly Reports...................................................................................................................................75

8.3.2 Annual Reports.....................................................................................................................................76

8.3.4 Financial Reports..................................................................................................................................77

8.4 REPORTING ADVERSE INFORMATION ...........................................................................................................77

8.5 RIGHT TO INSPECT RECORDS .........................................................................................................................78

8.6 FAILURE TO REPORT ......................................................................................................................................78 ARTICLE 9: REVIEW OF SERVICES AND PERFORMANCE ...........................................................................................78

9.1 PERFORMANCE REVIEW MEETING................................................................................................................78

9.2 PERFORMANCE SATISFACTION SURVEY ........................................................................................................79 ARTICLE 10: CONTRACTOR COMPENSATION AND MAXIMUM SERVICE RATES........................................................80

10.1 CONTRACTOR COMPENSATION ....................................................................................................................80

10.2 INITIAL RATES ................................................................................................................................................80

10.3 SCHEDULE OF FUTURE ANNUAL RATE ADJUSTMENTS ..................................................................................80

10.4 METHOD OF ADJUSTMENTS..........................................................................................................................81

10.5 EXTRAORDINARY RATE ADJUSTMENTS .........................................................................................................81 ARTICLE 11: INDEMNIFICATION, INSURANCE AND PERFORMANCE BOND ..............................................................82

11.1 INDEMNIFICATION OF THE CITY ....................................................................................................................82

11.1.1 General .................................................................................................................................................82

11.1.2 Hazardous Material Indemnification....................................................................................................83

11.1.3 AB 939 Indemnification and Guarantee ...............................................................................................84

11.1.4 CALRECYCLE Indemnification................................................................................................................85

11.1.5 ELECTRONIC INFORMATION INDEMNIFICATION..................................................................................85

11.1.6 CALPERS ELIGIBILITY INDEMNIFICATION..............................................................................................86

11.2 EVALUATION OF LIABILITY.............................................................................................................................86

11.3 SEPARATE COUNSEL ......................................................................................................................................86

11.4 CONSIDERATION ...........................................................................................................................................87

11.5 OBLIGATION..................................................................................................................................................87

11.6 COLLECTION SERVICES SUBCONTRACTORS...................................................................................................87

11.7 SURVIVAL ......................................................................................................................................................87

11.8 INSURANCE ...................................................................................................................................................87

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11.9 FAITHFUL PERFORMANCE BOND...................................................................................................................91

11.10 FAITHFUL PERFORMANCE LETTER OF CREDIT ...............................................................................................91

11.11 FORFEITURE OF PERFORMANCE BOND .........................................................................................................92

11.12 FORFEITURE OF LETTER OF CREDIT................................................................................................................92

11.13 PERFORMANCE SECURITY BEYOND SERVICE TERM.......................................................................................93 ARTICLE 12: CITY’S RIGHT TO CONTRACT WITH THIRD PARTIES TO PERFORM FRANCHISE SERVICES ......................93

12.1 GENERAL .......................................................................................................................................................93

12.2 TEMPORARY POSSESSION OF CONTRACTOR’S PROPERTY ............................................................................94

12.3 BILLING AND COMPENSATION TO CITY DURING CITY’S POSSESSION............................................................94

12.4 CITY’S RIGHT TO RELINQUISH POSSESSION ...................................................................................................94

12.5 CITY’S POSSESSION NOT A TAKING................................................................................................................95

12.6 DURATION OF CITY’S POSSESSION ................................................................................................................95 ARTICLE 13: DEFAULT AND REMEDIES.....................................................................................................................95

13.1 EVENTS OF DEFAULT .....................................................................................................................................95

13.2 RIGHT TO TERMINATE UPON DEFAULT AND RIGHT TO SPECIFIC PERFORMANCE .........................................97

13.3 CITY’S REMEDIES IN THE EVENT OF DEFAULT ................................................................................................98

13.4 CRIMINAL ACTIVITY .......................................................................................................................................99

13.5 POSSESSION OF RECORDS UPON TERMINATION...........................................................................................99

13.6 CITY’S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE............................................................................99

13.7 LIQUIDATED DAMAGES .................................................................................................................................99

13.8 SUSPENSION OF PERFORMANCE.................................................................................................................103

13.8.1 Force Majeure ...........................................................................................................................................103

13.8.2 Labor Unrest..............................................................................................................................................103

13.9 DISPUTE RESOLUTION .................................................................................................................................104

13.9.1 Negotiation And Mediation ......................................................................................................................104

13.9.2 Confidentiality...........................................................................................................................................104

13.9.3 Injunctive Relief.........................................................................................................................................105

13.9.4 Continuing Obligation ...............................................................................................................................105

13.9.5 Failure of Mediation..................................................................................................................................105

13.10 ASSURANCE OF PERFORMANCE..................................................................................................................105 ARTICLE 14: OTHER AGREEMENTS OF THE PARTIES .............................................................................................. 105

14.1 RELATIONSHIP OF PARTIES..........................................................................................................................105

14.2 COMPLIANCE WITH LAW.............................................................................................................................106

14.3 GOVERNING LAW ........................................................................................................................................106

14.4 JURISDICTION..............................................................................................................................................106

14.5 ASSIGNMENT...............................................................................................................................................106

14.6 AFFILIATED COMPANIES..............................................................................................................................107

14.7 CONTRACTING OR SUBCONTRACTING........................................................................................................108

14.8 BINDING ON ASSIGNS..................................................................................................................................108

14.9 TRANSITION TO NEXT CONTRACTOR...........................................................................................................108

14.10 PARTIES IN INTEREST ...................................................................................................................................109

14.11 WAIVER .......................................................................................................................................................109

14.12 CONTRACTOR’S INVESTIGATION.................................................................................................................109

14.13 NOTICE ........................................................................................................................................................109

14.14 REPRESENTATIVE OF THE PARTIES ..............................................................................................................110

14.15 CITY FREE TO NEGOTIATE WITH THIRD PARTIES..........................................................................................110

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14.16 COMPLIANCE WITH MUNICIPAL CODE........................................................................................................110

14.17 PRIVACY.......................................................................................................................................................110

14.18 PROPRIETARY INFORMATION, PUBLIC RECORDS ........................................................................................111 ARTICLE 15: MISCELLANEOUS AGREEMENTS......................................................................................................... 111

15.1 ENTIRE AGREEMENT....................................................................................................................................111

15.2 SECTION HEADINGS.....................................................................................................................................111

15.3 REFERENCES TO LAWS AND OTHER AGREEMENTS......................................................................................111

15.4 INTERPRETATION ........................................................................................................................................111

15.5 AGREEMENT................................................................................................................................................112

15.6 SEVERABILITY ..............................................................................................................................................112

15.7 EXHIBITS ......................................................................................................................................................112

15.8 ATTORNEYS’ FEES ........................................................................................................................................112 EXHIBITS 1-8: ........................................................................................................................................................ 114

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Diamond Bar – WM 7 Franchise Agreement for Solid Waste Services This Franchise Agreement for Solid Waste Services (“Agreement”) is entered into this 4th day of February, 2025, by and between the City of Diamond Bar and Waste Management Collection and Recycling, Inc. “Contractor”, for the Collection, Transportation, Recycling, Processing, and Disposal of Solid Waste and other services related to meeting the goals and requirements of the California Integrated Waste Management Act. In this Agreement, the City and Contractor may be collectively referred to as the “Parties” and individually referred to as “Party.”

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“Act”) and subsequent additions and amendments (codified at California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdiction to meet the goals and requirements of AB 939; and, WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City Council of the City of Diamond Bar has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified company for the Collection, Transfer and Transportation, Recycling, Processing, and Disposal of Solid Waste and other services related to meeting the Diversion goals required by AB 939, and other requirements of the California Integrated Waste Management Act; and,
WHEREAS, the Legislature of the State of California, in California Public Resources Code Section 41780 et seq., has declared a mandatory commercial Recycling program and that it is the policy goal of the state that not less than 75 percent of Solid Waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter; and, WHEREAS, the Legislature of the State of California, in California Public Resources Code Section 41781.3 et seq., has declared that as of January 1, 2020, the use of green material as Landfill alternative daily cover will no longer constitute Diversion through Recycling and will instead be considered Disposal in terms of measuring a jurisdiction’s annual 50 percent per capita disposal rate (AB 1594, Chapter 719, Statutes of 2014); and,
WHEREAS, California Public Resources Code Section 42649 et seq., requires a mandatory commercial Organic Waste Diversion program; and,
WHEREAS, the Short‐Lived Climate Pollutants Bill of 2016 (SB 1383) establishes regulatory requirements for jurisdictions, generators, haulers, Solid Waste facilities, and other entities to support achievement of state‐wide Organic Waste Disposal reduction targets; and WHEREAS, SB 1383 requires jurisdictions to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to Contractor, acting as the City’s designee, through this Agreement; and,

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Diamond Bar – WM 8 Franchise Agreement for Solid Waste Services WHEREAS, the City declares its intention of maintaining reasonable rates and quality service related to the Collection, Transportation, Recycling, Processing, and Disposal of Solid Waste and other services; and,
WHEREAS, the California Department of Resources Recycling and Recovery (“CalRecycle”) promulgated regulations to implement SB 1383 (the “SB 1383 Regulations”) for local jurisdictions, Generators, haulers, Solid Waste facilities, and other entities to support achievement of statewide Organic Waste Disposal reduction targets; and,
WHEREAS, the current franchise agreement will expire on August 30, 2025; and, WHEREAS, in response to a Request for Proposals, the Contractor has submitted a proposal to the City and the City selected the Contractor on the competitive advantages of that proposal over other proposals received by the City; and
WHEREAS, City and Contractor (“Parties”) hereto desire to enter said Agreement; and, WHEREAS, City and Contractor are mindful of the provisions of the laws governing the safe Collection, Transport and Transportation, Recycling, Processing and Disposal of Solid Waste, including AB 939, the Resource Conservation and Recovery Act (“RCRA”), and the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). City and Contractor desire to leave no doubts as to their respective roles and to memorialize that by entering into this Agreement, City is not thereby becoming an “arranger” or a “generator” as those terms are used in CERCLA, and that it is Contractor, not City, who is “arranging for” the Collection from premises in the City, Transport for Disposal, Composting or other Processing, and Recycling of municipal Solid Waste which may contain Hazardous Material; and further to confirm that as a material inducement to City entering into this Agreement, Contractor has agreed to fully indemnify City in connection with any claims, losses, liabilities, lawsuits or actions relating to the inadvertent or intentional Collection, Transportation and/or Disposal of Hazardous Materials that may occur in connection with Contractor’s performance under this Agreement, and WHEREAS, the State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing Landfill space and potential adverse environmental impacts from Landfill Disposal 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 AB 939 and subsequent related legislation including, but not limited to: AB 2176 (Chapter 879, Statutes of 2004), SB 1016 (Chapter 343, Statutes of 2008), AB 341 (Chapter 476, Statutes of 2011), AB 1826 (Chapter 727, Statutes of 2014), and SB 1383 (Chapter 395, Statutes of 2016), directed the responsible State agency, and all local agencies, to promote a reduction in Landfill Disposal and to maximize the use of feasible waste reduction, Reuse, Recycling, and composting options in order to reduce the amount of material that must be Disposed; and, WHEREAS, the City Council of the City of Diamond Bar hereby desires that Contractor be engaged to provide for both the Collection of Solid Waste within the corporate limits of the City of

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Diamond Bar – WM 9 Franchise Agreement for Solid Waste Services Diamond Bar and the Transportation of such Solid Waste to appropriate places for Processing, Recycling, Organics Diversion, and Disposal, and to perform such services on the terms and conditions set forth in this Agreement; and
WHEREAS, Contractor has agreed, as part of this Agreement, acting as an independent contractor to provide such personnel, equipment and supplies as are necessary to ensure City complies with the requirements of Public Resources Code Section 49100 et seq., WHEREAS, Contractor agrees to and acknowledges that it shall arrange for the proper Disposal of all Solid Waste Collected in City and City is not instructing Contractor how to Collect, Process and Dispose of Solid Waste.

WHEREAS, consistent with provisions of the Act, including Public Resources Code Section 40059, aspects of Solid Waste Services are of local concern, including frequency of collection, means of collection and Transportation, level of services, charges and fees, the nature, location, and extent of providing Solid Waste Services, and whether the services are to be provided by means of a nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, or otherwise which may be granted by the City under terms and conditions prescribed by the City Council; and WHEREAS, this Agreement has been developed by and is satisfactory to the City and the

CONTRACTOR,
Now, therefore, in consideration of the mutual covenants, conditions and consideration contained herein, the City and Contractor hereby agree as hereinafter set forth:
/ / /
/ / /

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Diamond Bar – WM 10 Franchise Agreement for Solid Waste Services ARTICLE 1: DEFINITIONS
For the purpose of this Agreement, the definitions contained in this Article shall apply unless otherwise specifically stated. If a word or phrase is not defined in this Agreement, the definition of such word or phrase as contained in the Diamond Bar City Code shall control.

1.1 AFFILIATE
“Affiliate” means all businesses, including, without limitation, corporations, limited and general partnerships and sole proprietorships, that are directly or indirectly related to the Contractor by virtue of direct or indirect ownership interest or common management. Such businesses shall be deemed to be “Affiliated with” the Contractor and included within the term “Affiliates” as used herein. An Affiliate includes: (i) a business in which the Contractor has a direct or indirect ownership interest; (ii) a business that has a direct or indirect ownership interest in the Contractor; and/or (iii) a business that is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in the Contractor. For the purposes of this definition, “ownership” means ownership as defined in the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986 (Title 26, U.S. Code), as in effect on the effective date, provided that ten percent (10%) shall be substituted for fifty percent (50%) in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined on the basis of the percentage of voting interest of value that the ownership interest represents, whichever is greater. Being an Affiliate does not exempt a business from the application of assignment requirements under Section 14.5

1.2 AGREEMENT
“Agreement” means this Franchise Agreement between the City and Contractor for the Collection, Transportation, Recycling, Processing, and/or Disposal, of Solid Waste, and other services related to meeting the goals and requirements of AB 939, including all exhibits and attachments, and any amendments thereto.

1.3 APPLICABLE LAW
"Applicable Law" means all statutes, rules, regulations, guidelines, actions, determinations, Permits, orders, or requirements of the United States, State, County of Los Angeles, City and local and regional government authorities and agencies having applicable jurisdiction, that apply to or govern the Site or the performance of the Parties’ respective obligations hereunder, including any of the foregoing which concern health, safety, fire, environmental protection, labor relations, mitigation monitoring plans, building codes, zoning, non-discrimination, and prevailing wages if applicable. All references herein to Applicable Law include subsequent amendments or modifications thereof, unless otherwise specifically limited in this Agreement.

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1.4 ASSEMBLY BILL 341 (AB 341)
“AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341,” as it may be amended supplemented, superseded, or replaced from time to time.

1.5 ASSEMBLY BILL 939 (AB 939) (ACT)
"AB 939" means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may be amended, supplemented, superseded, or replaced from time to time.

1.6 ASSEMBLY BILL 1826 (AB 1826)
“AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as “AB 1826,” as amended, supplemented, superseded, and replaced from time to time.

1.7 BILLINGS
“Billings” means any and all statements of charges for services rendered in accordance with this Agreement, howsoever made, described or designated by City or Contractor, or made by others for City or Contractor, to Customers in the City.

1.8 BIN
“Bin” means a metal or plastic Container with hinged lid(s) and wheels serviced by a front-end loading Collection vehicle with a Container capacity of less than (10) cubic yards, including Bins with compactors attached to increase the capacity of the Bin. Bins are also known as dumpsters.

1.9 BIN SERVICE
“Bin Service” means Solid Waste Collection provided by Contractor to Customers using Bins(s) to accumulate and store their Discarded Materials for collection.

1.10 BLUE CONTAINER
“Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.

1.11 BULKY ITEMS
“Bulky Items” means Discarded Materials that cannot and / or would not typically be accommodated within a Cart including specifically: discarded furniture (including chairs, sofas, mattresses, carpet, and other similar items); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances, and other similar items, commonly known as “white goods”); unusually large amounts of yard debris and Green

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Diamond Bar – WM 12 Franchise Agreement for Solid Waste Services Waste and small pieces of wood limited to one cubic yard of contained material; Electronic Waste (including stereos, televisions, computers and monitors, VCRs, microwaves and other similar items commonly known as “brown goods” and “e-waste”); Bulky Items do not include car bodies, tires, or C&D Debris, or any other items that require more than two (2) Persons to remove. Other items not specifically included or excluded above will be Collected provided that they are not more than eight (8) feet in length, four feet in width, or more than 150 pounds. In the event a question ever arises as to whether a specific item or category of items meets the definition of Bulky Items, Contract Administrator shall be responsible to determine whether said definition shall apply, which determination shall be final and binding on the Parties.

1.12 BUSINESS DAYS
“Business Days” mean days during which the City’s administrative offices are normally open to do business with the public.

1.13 CALRECYCLE
“CalRecycle” means the State of California’s Department of Resources Recycling and Recovery, and, as this department was structured prior to January 1, 2010, the California Integrated Waste Management Board or CIWMB, as well as any successor agency to CalRecycle.

1.14 CART
“Cart” means a heavy plastic receptacle and a rated capacity of at least thirty (30) gallons and not more than one-hundred one (101) gallons, having a hinged, tight-fitting lid and wheels, that is approved by the Contract Administrator for use by Customers for Collection services under this Agreement.

1.15 CITY
“City” means the City of Diamond Bar, California, a municipal corporation, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the term of this Agreement.

1.16 COLLECT, COLLECTED, COLLECTION
"Collect" or "Collection" means to take physical possession, Transport, and remove Discarded Materials within and from City.

1.17 COMMENCEMENT DATE
“Commencement Date” means the date specified in Section 2.4 when the Contractor is to begin providing Solid Waste Services and other related services required by this Agreement.

1.18 COMMERCIAL EDIBLE FOOD GENERATORS
“Commercial Edible Food Generators” includes Tier One Commercial Edible Food Generators and

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Diamond Bar – WM 13 Franchise Agreement for Solid Waste Services Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified by 14 CCR Section 18982(a)(7).

1.19 COMMERCIAL PREMISES
“Commercial Premises" means Premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding Residential Premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, in the Diamond Bar City Code, or otherwise, for purposes of this Agreement, Premises upon which the following uses (as defined in the Diamond Bar Municipal Code) are occurring shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Hotels, Motels, and Multi-Family Premises with five (5) units or more.

1.20 COMMERCIAL EDIBLE FOOD GENERATORS
“Commercial Edible Food Generators” includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified by 14 CCR Section 18982(a)(7).

1.21 COMMUNITY COMPOSTING
“Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined in 14 CCR Section 18982(a)(8).

1.22 COMPOST, COMPOSTING
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Agreement, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

1.23 CONTRACT ADMINISTRATOR
“Contract Administrator” means the City Manager, or his or her designee, designated by the City to administer and monitor the provisions of this Agreement.

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Diamond Bar – WM 14 Franchise Agreement for Solid Waste Services

1.24 CONTRACTOR
“Contractor” means Waste Management Collection and Recycling, Inc., and its officers, directors, employees, agents, companies, and Subcontractors.

1.25 CONTRACTOR’S PROPOSAL
"Contractor's Proposal" means the proposal submitted by Contractor to City on August 30, 2023 in response to a Request for Proposals dated May 3, 2023. Contractor's Proposal was selected by City based on its competitive advantages over other proposals received, and City specifically relied upon the representations and warranties set forth therein in entering into this Agreement.

Contractor's Proposal is attached as Exhibit 7 and incorporated into this Agreement by reference, and Contractor represents and warrants that all representations set forth in such proposal are true and correct.

1.26 CONTRACTOR COMPENSATION
"Contractor Compensation" means the revenue received by the Contractor from Billings, excluding City fees as defined in Article 7 of this Agreement, in return for providing services in accordance with this Agreement and any amendments to this Agreement.

1.27 CONSTRUCTION AND DEMOLITION DEBRIS OR C&D OR C&D DEBRIS "Construction and Demolition Debris" or “C&D Material,” means any combination of inert building materials and Solid Waste resulting from construction, remodeling, repair, cleanup, or demolition operations as defined in California Code of Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging; roofing material, ceramic tile, carpeting, plastic pipe, and steel. The material may be commingled with rock, soil, tree stumps; and other vegetative matter resulting from land clearing and landscaping for construction or land development projects. Accepted and prohibited materials are listed in Exhibit 4.

Construction and Demolition Debris is also referred to in the Diamond Bar City Code as “Construction/Demolition Waste.”

1.28 CONTAINER(S)
“Container(s)” means any and all types of Solid Waste receptacles, including Carts, Bins, dumpsters, debris boxes, Roll-Off Boxes, and Compactors.

1.29 CONTAINER CONTAMINATION
“Container Contamination” means the following: (i) discarded materials placed in the Blue Container that are not Blue Container Waste; (ii) discarded materials placed in the Green Container that are not Green Container Waste; (iii) discarded materials placed in the Gray Container that are Blue Container Waste or Green Container Waste; and, (v) Excluded Waste items placed in any container.

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Diamond Bar – WM 15 Franchise Agreement for Solid Waste Services

1.30 CUSTOMER(S)
“Customer” means the Person having the care and control of any Premises in the City and to whom Contractor submits its billing invoice and collects payment for Solid Waste Services provided pursuant to the terms of this Agreement.

1.31 DAY
“Day” means calendar day unless otherwise specified in this Agreement.

1.32 DESIGNATED FACILITY(IES)
“Designated Facility(ies)” means any one of or any combination of Disposal, Transfer, or Processing facilities including, C&D Processing Facilities; Landfills; High Diversion Organic Waste Processing Facilities; Organics Waste Processing Facilities, Source Separated Recyclable Materials Processing Facilities; and Transfer Facilities as defined in this Article and listed in Exhibit 3. Any such facility utilized by the Contractor shall be designed and constructed in accordance with Applicable Laws and shall have been issued all permits from federal, state, regional, county and city agencies necessary for it to operate. Contractor shall notify Contract Administrator within One Business Day of any change in Designated Facilities and must submit to the Contract Administrator an up-to-date Designated Facilities list annually.

1.33 DISCARDED MATERIALS
“Discarded Materials” are a form of Solid Waste and shall be regulated as such. For purposes of this Agreement, material is deemed to have been discarded, without regard to whether it is destined for Recycling or Disposal, and whether or not it has been separated from other Solid Wastes, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or, levied, charged, or otherwise imposed on, or paid by, the Generator or Customer in exchange for handling services. As used herein, handling services include, without limitation, the Collection, removal, Transportation, delivery, and Processing and/or Disposal of the material. Discarded Materials do not include Edible Food that is recovered for human consumption and is not discarded. For the purposes of this Agreement, Discarded Materials include Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, Food Waste, Refuse, and C&D once the materials have been placed in Containers for Collection.

1.34 DISPOSAL
“Disposal” or “Disposed” mean the final disposition of any Solid Waste Collected by the Contractor or Residue from Processing activities at a permitted Landfill or other permitted Solid Waste facility.

1.35 DISPOSAL SITE(S)
"Disposal Site(s)" means the Solid Waste facility or Facilities utilized for the ultimate Disposal of

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Diamond Bar – WM 16 Franchise Agreement for Solid Waste Services Solid Waste Collected by Contractor.

1.36 DIVERT, DIVERSION
“Divert” or “Diversion” means to Divert from Disposal facilities or Transformation facilities (including incineration, pyrolysis, distillation, gasification biological conversion) through source reduction, Reuse, salvage, Recycling, and Composting, as provided in Section 41780 of California Public Resources Code as such act may be hereafter amended or superseded provided that Divert or Diversion shall include delivery to Transformation facilities if the overall Diversion achieved by the City is at a level where delivery to such facilities shall be considered Diversion pursuant to the Act.

1.37 DWELLING UNIT
“Dwelling Unit” means any individual living unit in a Residential Premises intended for, or capable of being utilized for, Residential living other than a hotel or motel.

1.38 EDIBLE FOOD
“Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.

1.39 ELECTRONIC WASTE, E-WASTE
“Electronic Waste” or “E-Waste” means discarded electronic equipment and includes, but is not limited to, stereos, televisions, computers and computer monitors, VCRs, cellular phones, fax machines, household copiers, computer printers, other electronic items with electric plugs that are banned from Landfill Disposal, and other similar items commonly known as “brown goods.”

1.40 ENFORCEMENT ACTION
“Enforcement Action” means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

1.41 ENVIRONMENTAL LAW
“Environmental Law” means any federal and state statute, county, local and City ordinance, rule, regulation, order, consent decree, judgment or common-law doctrine, and provisions and conditions or permits, licenses and other operating authorizations relating to (i) pollution or protection of the environment, including natural resources, (ii) exposure of Persons, including employees, to Hazardous Materials or other products, raw materials, chemicals or other substances, (iii) protection of the public health or welfare from the effects of by-products, wastes,

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Diamond Bar – WM 17 Franchise Agreement for Solid Waste Services emissions, discharges or releases of chemical substances from industrial or Commercial activities, or (iv) regulations of the manufacture, use or introduction into commerce of chemical substances, including, without limitation, their manufacture, formulation, labeling, distribution, Transportation, handling, storage and Disposal.

1.42 EXCLUDED WASTE
“Excluded Waste” means Hazardous Substance, Hazardous Waste, Biohazardous or Biomedical Waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that Designated Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be Disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

1.43 FOOD WASTE
“Food Waste” means all kitchen and table food scraps, animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; discarded compostable paper that is contaminated with Food Waste; fruit waste, grain waste, dairy waste, meat, and fish waste, which has been Source Separated from other Solid Waste, Food Waste is a subset of Organic Materials and excludes Hazardous Waste. Edible Food separated for Food Recovery shall not be considered Food Waste. See Exhibit 4 for accepted and prohibited materials.

1.44 FRANCHISE
"Franchise" means the special right granted by City to operate a public utility for Solid Waste Services within the City.

1.45 FRANCHISE FEE
“Franchise Fee” means the fee paid by Contractor to City for the right to hold the Franchise for Solid Waste Services granted by this Agreement.

1.46 GRAY CONTAINER
“Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and Collection of Gray Container Waste or Mixed Waste.

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Diamond Bar – WM 18 Franchise Agreement for Solid Waste Services

1.47 GREEN CONTAINER
“Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and Collection of Source Separated Green Container Organic Waste.

1.48 GROSS RECEIPTS
“Gross Receipts” means and includes all revenues actually received by Contractor or subsidiaries, parent companies or other Affiliates of Contractor from Billings and compensation in any form arising from, or attributable to, the provision of Solid Waste Services by Contractor to its Customers in the City pursuant to this Agreement, without deducting Disposal fees, City Fees, or any other fees or cost of doing business. Gross Receipts does not include any revenue received by Contractor from the sales of Recyclable Materials.

1.49 HAZARDOUS MATERIAL
“Hazardous Material” is defined to include any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iv) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Sections 25501(j) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) “used oil” as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a “toxic pollutant” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as “ hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 6901); (xiii) defined as “Hazardous Material” pursuant to the Hazardous Materials Transportation Act 29 U.S.C. Section 5101, et seq.: or (xiv) defined as such or regulated by any “Superfund” or “Super lien” law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect; (xv) defined as “medical waste” or

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Diamond Bar – WM 19 Franchise Agreement for Solid Waste Services “biohazardous waste” under applicable Federal or State law, excluding Home Generated Sharps as defined in Section 1.52.

1.50 HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY
“High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5I for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR § 17402(a)(11.5); or, as otherwise defined in 14 CCR § 18982(a)(33).

1.51 HOLIDAYS OR DESIGNATED HOLIDAYS
“Holidays” or “Designated Holidays” shall mean New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

1.52 HOME GENERATED SHARPS
“Home-Generated Sharps” means hypodermic needles, pen needles, syringes, intravenous needles, lancets, and other devices that are used to penetrate the skin for testing or the delivery of medications derived from a household including Residential Dwelling units.

1.53 HOUSEHOLD HAZARDOUS WASTE (HHW)
"Household Hazardous Waste" or “HHW” means material used in residences that may threaten human health or the environment when improperly discarded and usually has one or more of the following characteristics; flammable, toxic, corrosive, and/or reactive.

1.54 LANDFILL
“Landfill” means a “Solid Waste Landfill” defined by Public Resources Code Section 40195.1

1.55 MATERIALS RECOVERY FACILITY (MRF)
"Materials Recovery Facility" means a permitted Solid Waste facility where Solid Wastes or Recyclable Materials are sorted or separated for the purposes of Recycling, Processing or Composting.

1.56 MIXED WASTE PROCESSING
“Mixed Waste Processing” means the separation and sorting of recyclables and other recoverable materials from Refuse at a MRF where commingled loads of Solid Waste are Processed.

1.57 MULTI-FAMILY PREMISES
“Multi‐Family Premises” means any Residential Premises of five (5) or more Dwelling Units (not

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Diamond Bar – WM 20 Franchise Agreement for Solid Waste Services including hotels or motels), irrespective of whether residence therein is transient, temporary or permanent, which receive Collection services from centralized locations. Multi-Family Premises generally receive Solid Waste Services through the use of shared Bins, but may use Carts.

1.58 ORGANIC WASTE OR GREEN CONTAINER WASTE
‘Organic Waste’ or ‘Organics’ means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, Food Waste, Green Material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18882(a)(46); or that is collected in a green container as defined in 14 CCR 18982(a)(29). Biosolids and digestate are as defined by 14 CCR Section 18982(a). The term is used interchangeably with Green Container Waste.

1.59 ORGANICS MATERIAL PROCESSING FACILITY
“Organic Materials Processing Facility” means a permitted Facility where Organic Material is sorted, mulched, or separated for the purposes of Recycling, reuse or composting.

1.60 PERSON
“Person” means any individual, firm, limited liability company, partnership, public or private corporation, business trust, join venture, organization, organization, the United States, the State of California, the County of Los Angeles, or any political subdivision, government agency, municipality, and special purpose districts.

1.61 PREMISES
“Premises” means any parcel of land, building and/or structure or portion thereof, in the City where Solid Waste is produced, generated or accumulated.

1.62 PROCESS, PROCESSED, OR PROCESSING
“Process”, “Processed” or “Processing” means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

1.63 RATE YEAR
"Rate Year" means the period July 1 to June 30, for each year during the Term of this Agreement.

1.64 RECYCLABLES OR BLUE CONTAINER WASTE
‘Recyclable Materials’ or ‘Recyclables’ means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise

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Diamond Bar – WM 21 Franchise Agreement for Solid Waste Services defined in 14 CCR Section 18982(a)(43); or that is collected in a blue container as defined in 14 CCR 18982(a)(5). The term is used interchangeably with Blue Container Waste or materials. See Exhibit 4 for accepted and prohibited materials. The City and Contractor agree to meet from time to time as needed, and in good faith consider modifications to the list in Exhibit 4 of acceptable Recyclable Material to address developments in processing technologies, emerging uses for various types of materials, changes in available markets, or other relevant issues.

1.65 RECYCLE, RECYCLING
“Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, treating, Processing and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

1.66 REFUSE OR GRAY CONTAINER WASTE
”Refuse” means discarded waste or garbage that may contain nonorganic material, or processed industrial materials or that is collected in a gray container as defined in 14 CCR 18982 (a)(28). The term is used interchangeably with Gray Container Waste. “Refuse” does not include sewage, Construction and Demolition Debris, Recyclable Materials, and/or Organic Materials placed in source-separated Containers for Collection.

1.67 RENEWABLE NATURAL GAS OR RNG
“Renewable Natural Gas” or “RNG” means gas derived from Organic Waste that has been Diverted from Landfill Disposal and Processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

1.68 RESIDENTIAL
"Residential" refers to services performed at and for Residential Premises, which include both single-family and Multi-Family Premises.

1.69 RESIDUAL OR RESIDUE
“Residual” or “Residue” means the Solid Waste destined for Disposal, further Transfer/Processing as defined in 14 CCR Section 17402(a)(30) or 14 CCR Section 17402(a)(31), or transformation which remains after Processing has taken place and is calculated in percent as the weight of Residual divided by the total incoming weight of materials.

1.70 ROLL-OFF BOX
“Roll-Off Box” means an open or closed-top metal Container, roll-top Container, or closed

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Diamond Bar – WM 22 Franchise Agreement for Solid Waste Services compactor Container serviced by a roll-off truck and with a Container capacity of 10 cubic yards or more. Roll-Off Boxes are also known as drop boxes or debris boxes.

1.71 SINGLE-FAMILY, SINGLE-FAMILY DWELLING
“Single‐Family,” or “Single-Family Dwelling,” means, for purposes of this Agreement, notwithstanding any contrary definition in the Diamond Bar City Code, any detached or attached house or residence designed or used for occupancy by one (1) family, provided that Collection Service feasibly can be provided to such Premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the Collection Service. “Single‐Family,” or “Single-Family Dwelling,” includes Residential units of a duplex, tri‐plex, or four‐plex Residential structure.

1.72 SENATE BILL 1383 (SB 1393)
"SB 1383" means the Short-Lived Climate Pollutants Act of 2016 (Chapter 395, Statutes of 2016), as it may be amended, supplemented, superseded, or replaced from time to time.

1.73 SOLID WASTE
"Solid Waste" means all Solid Wastes generated by Residential, Commercial, and industrial sources, including Refuse, Recyclable Materials and Organic Materials, and all Solid Waste generated at construction and demolition sites, which are Collected and Transported under the authorization of the City or are self-hauled by residents or contractors. Municipal Solid Waste does not include agricultural crop residues, mining waste and fuel extraction waste, forestry wastes, ash from industrial boilers, furnaces and incinerators or Hazardous Material, any waste which is not permitted to be Disposed of at a Class III Landfill and which fall within the definition of “Nonhazardous Solid Waste” set forth in Title 23, Chapter 15, Section 2523(a) of the California Code of Regulations as amended or designated Class II wastes. Materials shall be deemed “Solid Waste” consistent with the meaning of California Public Resources Code Section 40191, and for purposes of this Agreement shall be regulated as such, whether or not they may be potentially Recyclables, in either of the following instances: (a) the material is mixed or commingled with other types of Solid Waste such that more than 65% of the material consists of Solid Waste rather than Recyclables, or (b) the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any Person or combination of Persons in exchange for Collection, removal, Transportation, storage, Processing, handling, consulting, Container rental or Disposal services (“fee for service” Recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service.

1.74 SOLID WASTE SERVICES
“Solid Waste Services” means the Collection, Transfer, Transport, Recycling, Processing, and Disposal of Solid Waste.

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Diamond Bar – WM 23 Franchise Agreement for Solid Waste Services

1.75 SOURCE SEPARATED
“Source Separated” means materials, including commingled Recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or Reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Agreement, Source Separated shall include separation of materials by the Generator, Property Owner, Property Owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from Gray Container Waste and other Solid Waste for the purposes of Collection and Processing.

1.76 STATE
“State” means the State of California.

1.77 TRANSFER STATION
“Transfer Station” means a Facility that receives Solid Waste from Collection vehicles and transfers the material to larger vehicles for Transport to Landfills and other destinations. Transfer Stations may or may not also include MRFs transferring residual Refuse (Refuse left after the sorting of Recyclable Materials) to Landfills and Recyclable Materials, including Organic Materials and/or Construction and Demolition Debris, to processors, brokers, or end-users.

1.78 TRANSPORT OR TRANSPORTATION
“Transport” or “Transportation” means the act of conveying Collected materials from one location to another.

1.79 TRANSFORMATION
“Transformation” means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. “Transformation” does not include composting.

1.80 UNIVERSAL WASTE OR U-WASTE
“Universal Waste” or “u-waste” means any of the following waste that are conditionally exempt from classification as hazardous wastes pursuant to Title 22 of the California Code of Regulations (22 CCR), § 66261.9: (i) batteries as described in 22 CCR § 66273.2; (ii) thermostats as described in 22 CCR § 66273.4; (iii) lamps as described in 22 CCR § 66273.5; and (iv) cathode tube materials as described in 22 CCR § 66273.6; (v) Electronic Waste or E-waste as defined in Section 1.40.

1.81 WORK DAY(S)
“Work Days” or “Working Days” means days on which the CONTRACTOR is required to provide

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Diamond Bar – WM 24 Franchise Agreement for Solid Waste Services regularly scheduled Collection services under this Agreement.

1.82 WASTE GENERATOR
"Waste Generator" means any Person as defined by the Public Resources Code, whose act or process produced Solid Waste as defined in the Public Resources Code, or whose act first causes Solid Waste to become subject to regulation.

1.83 YARD WASTE OR GREEN WASTE
“Yard Waste” or “Green Waste” means leaves, grass clippings, brush, branches, and other forms of Organics Materials generated from landscapes or gardens, which have been Source-Separated from other Solid Waste. Yard Waste is a subset of Organics Materials and excludes Hazardous Materials. See Exhibit 4 for accepted and prohibited materials.

ARTICLE 2: GRANT AND ACCEPTANCE OF FRANCHISE

2.1 GRANT AND ACCEPTANCE OF FRANCHISE, INDEMNITY OF AWARD Subject to the terms and conditions of this Agreement (including but not limited to the exclusions set forth in Section 2.9 hereof) and applicable State laws, and to the rights of State, county and school district facilities to use a Solid Waste enterprise other than Contractor, City hereby grants to Contractor and Contractor hereby accepts from City, for the Term hereof, the exclusive Franchise, right and privilege to provide Solid Waste Services as defined in this Agreement to all Commercial Premises and Multi-Family Premises (of five or more units) within the boundaries of the City (the “Franchise”).

Contractor agrees to and shall timely take all actions that are reasonably necessary to defend the validity and enforceability of this Agreement and shall pay all costs related to such defense. To the maximum extent permitted by law, Contractor shall defend, indemnify, protect and hold harmless, the City, its officers, agents and employees from any and all claims, actions or proceedings to attack, set aside, void, annul or seek monetary damages resulting from an approval by the City of this Agreement, including but not limited to any action brought by referendum or under Proposition 218 (Calif. Const. Art. XIIID) to challenge the City’s entry into this Agreement or the setting of Solid Waste rates as set forth in this Agreement. The City shall promptly notify Contractor of any such claim, action, or proceeding. The City and Contractor shall meet in good faith in an effort to come to a mutual agreement for a joint defense; provided that the City shall be entitled to select legal counsel of its choice to conduct the defense if an agreement cannot be reached. Contractor’s obligations to pay all costs, defend, indemnify, protect and hold harmless under this section shall not be altered in the event City retains separate counsel. Contractor hereby accepts the Franchise on the terms and conditions set forth in this Agreement.

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Diamond Bar – WM 25 Franchise Agreement for Solid Waste Services

2.2 EXCLUSIVE NATURE OF FRANCHISE
During the term of this Agreement, except as otherwise provided in Section 2.9 below, or as may otherwise be provided by federal or state law, the rights granted to the Contractor under this Agreement shall be exclusive to the Contractor. The City will not let any contract to, or enter into any agreement with, any other Person for the performance of the services herein required to be performed by the Contractor.

To the extent permitted under state or federal law, the City shall protect the Contractor’s exclusive rights by proper ordinances, and may take action to enforce those ordinances upon request and at the City’s sole and absolute discretion. Should the City take administrative, law enforcement, or other legal action against any Person that infringes on the Contractor’s exclusive rights, the Contractor shall reimburse the City for its reasonable administrative, law enforcement, or other legal costs related to any such action. To the extent permitted under state or federal law, nothing herein shall preclude Contractor from taking such legal action against third parties as it deems appropriate to protect the exclusive nature of its Franchise.

2.3 EFFECTIVE DATE
The Effective Date of this Agreement shall be thirty (30) days after the date which the City Council approves this Agreement.

2.4 TERM OF AGREEMENT
The term of this Agreement shall be ten (10) years, commencing September 1, 2025, and terminating on August 31, 2035, subject to extension as provided herein. Notwithstanding the foregoing, the unexcused failure or refusal of Contractor to perform any material term, covenant, obligation, or condition contained in this Agreement shall give rise to the right, in favor of City, for earlier termination of this Agreement for cause in accordance with the procedures elsewhere contained herein.

2.5 CITY’S OPTION TO EXTEND TERM
City shall have the sole option to extend the Term for up to twenty-four (24) months following expiration of the Term under Section 2.4. The City may, upon at least ninety days (90-days) advance written notice to the Contractor prior to the expiration of the Term, exercise this extension option. If City provides this extension notice, this Agreement will automatically renew up to a maximum of twenty-four (24) months. This extension period shall terminate, upon the earlier of: (i) the expiration of the aforementioned twenty- four (24) months, or (ii) ninety (90) days following the date upon which City gives Contractor written notice of final termination.

2.6 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR
Contractor hereby covenants, represents, and warrants the following to City for the purpose of inducing City to enter into this Agreement and to consummate the transaction contemplated hereby, all of which shall be true as of the date of this Agreement and as of the effective date:

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Diamond Bar – WM 26 Franchise Agreement for Solid Waste Services A. Contractor is validly existing as a corporation under the laws of the State of California.

B. Neither the execution of this Agreement nor the delivery by Contractor of services nor the performance by Contractor of its obligations hereunder: (1) conflicts with, violates or results in a breach of any Applicable Law; (2) conflicts with, violates or results in a breach of any term or condition of any judgment, decree, agreement (including, without limitation, the certificate of incorporation of Contractor) or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound, or constitutes a default under any such judgment, decree, agreement or instrument; or (3) will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of Contractor.

C. There is no action, suit or other proceeding as of the date of this Agreement, at law or in equity, or to the best of Contractor’s knowledge, any investigation, before or by any court or governmental authority, pending or threatened against Contractor or Waste Management, Inc. which is likely to result in an unfavorable decision, ruling or finding which would materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by Contractor or Waste Management, Inc. in connection with the transactions contemplated hereby, or which could materially and adversely affect the ability of Contractor to perform its obligations hereunder or which would have a material adverse effect on the financial condition of Contractor or Waste Management, Inc.

D. Contractor has no knowledge of any Applicable Law in effect as of the date of this Agreement that would prohibit the performance by Contractor of this Agreement and the transactions contemplated hereby.

E. Contractor has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding this Agreement and the work to be performed by it, and is satisfied that those conditions and circumstances will not impair its ability to perform the work and provide the Collection services required by this Agreement.

F. The information supplied by Contractor in all submittals made in connection with negotiation and execution of this Agreement, including all materials in Exhibits of this Agreement, and all representations and warranties made by Contractor throughout this Agreement are true, accurate, correct and complete in all material respects on and as of the effective date of this Agreement. Note that inaccuracies in Contractor’s Proposal, such as material omissions of past and pending litigation as requested under the Request for Proposals through which this Agreement was procured, are grounds for termination of this Agreement.

G. Contractor’s representative, as it shall be designated pursuant to Section 14.14 shall have authority in all daily operational matters related to this Agreement. City may rely upon action taken by such designated representative as action of Contractor unless the actions taken are not within the scope of this Agreement.

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Diamond Bar – WM 27 Franchise Agreement for Solid Waste Services

2.7 CONDITIONS TO EFFECTIVENESS OF AGREEMENT
The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City.

A. Accuracy of Representations. Representations and warranties made by Contractor throughout this Agreement are accurate, true and correct on and as of the effective date of this Agreement.

B. Absence of Litigation. There is no litigation pending in any court challenging the award of this Franchise to Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance.

C. Furnishing of Insurance, Bond, and Letter of Credit. Contractor shall have furnished evidence of the insurance, bonds, deposit and letter of credit as required by Article 11, and shall comply with all ongoing requirements relating thereto.

D. Effectiveness of City Council Action. City’s Resolution approving this Agreement shall have become effective pursuant to California law.

2.8 DELEGATION OF AUTHORITY
The administration of this Agreement by City shall be under the supervision and direction of the City Manager’s office and the actions specified in this Agreement, unless otherwise stated, shall be taken by the Contract Administrator, or his or her designee.

2.9 LIMITATIONS TO THE SCOPE
Notwithstanding any provision to the contrary contained in this Agreement, the exclusive franchise, right and privilege to provide Solid Waste Services at Commercial and Multi-Family Premises within City granted to Contractor by this Agreement specifically excludes the following services, which services may be provided by Persons other than Contractor and which may be subject of other permits, licenses, franchises or agreements issued or entered by City:

A. Solid Waste Services at Residential Premises of less than five units.

B. The sale or donation of Recyclable Materials or Organics Materials by the Generator to any person or entity other than Contractor ; provided, however, to the extent permitted by law, if the Generator is required to pay monetary or non-monetary consideration for the Collection, Transport, Transfer, or Processing of Recyclable Materials or Organics Materials, the fact that the Generator receives a reduction of discount in price (or in other terms of the consideration the Generator is required to pay) shall not be considered a sale or donation and shall not be exempt.

C. Solid Waste that is removed from any Premises by the Generator, by means of “self-hauling” (as described in the Diamond Bar City Code), and Transported personally by such Generator

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Diamond Bar – WM 28 Franchise Agreement for Solid Waste Services (or by his or her full-time employees, but not a subcontractor) to a Processing or Disposal Facility in a manner consistent with all applicable laws and regulations.

D. Yard Waste removed from the Premises by a gardening, landscaping, or tree trimming contractor, utilizing its own equipment, as an incidental part of a total service offered by that contractor rather than as a hauling service.

E. The Collection, Transfer, Transport, Recycling, Processing, and Disposal of animal waste remains from slaughterhouse or butcher shops for use as tallow.

F. The Collection, Transfer, Transport, Recycling, Processing, and Disposal of by-products of sewage treatment, including sludge ash, grit and screenings.

G. The Collection, Transfer, Transport, Recycling, Processing, and Disposal of Hazardous Substances, Hazardous Waste, and radioactive waste regardless of its source.

H. Construction and Demolition Debris which is removed by a duly licensed construction or demolition company or as part of a total service offered by said licensed company or by the City, where the licensed company utilizes its own equipment in compliance with Construction and Demolition Debris requirements of the Diamond Bar City Code.

I. The Collection, Transfer, Transport, Recycling, Processing, and Disposal of Solid Waste by the City through City officers or employees in the normal course of their employment.

J. Solid Waste Services for governmental agencies, other than the City, which may have facilities in the City, but over which the City has no jurisdiction in connection with the regulation of Solid Waste.

K. Solid Waste Services for Solid Waste originating outside the City from hauling such Solid Waste over City streets, provided such collectors comply with any governing laws and/or ordinances.

L. Containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act (California Public Resources Code, Section 14500, et seq.).

M. Edible Food which is collected from a Generator by other person(s), such as a person from a Food Recovery Organization or Food Recovery Service, for the purposes of Food Recovery, or which is Transported by the Generator to another person(s), such as a person from a Food Recovery Organization, for the purposes of Food Recovery, regardless of whether the Generator donates, sells, or pays a fee to the other person(s) to collect or receive the Edible Food from the Generator.

N. Food Scraps that are separated by the Generator and used by the Generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by Generator or hauled by another party.

O. Contractor’s right to Collect and/or Dispose of Solid Waste shall not be exclusive in the event of failure to Collect under Article 12 of this Agreement during which Contractor fails to maintain substantially complete regular Collection services pursuant to this Agreement and the Collection schedules then in effect, for any reason, including a strike by Contractor’s

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Diamond Bar – WM 29 Franchise Agreement for Solid Waste Services employees or similar labor dispute. The City may provide for Collection and/or Disposal services from persons other than Contractor during such periods, including Contractor’s Bin and/or Roll-Off Box Service Customers.

Contractor acknowledges and agrees that City may permit other Persons besides Contractor to Collect any or all types of the Solid Waste listed in this Section 2.9 as exempt from Contractor’s Franchise, including Recyclable Materials, without seeking or obtaining approval of Contractor under this Agreement. This grant to Contractor of an exclusive Franchise, right and privilege to Collect, Transport, or Process and Dispose of Solid Waste shall be interpreted to be consistent with all Applicable Laws, now and during the term of the Franchise, and the scope of this exclusive Franchise shall be limited by current and developing Applicable Laws with regard to Solid Waste handling, exclusive Franchise, control of Recyclable Materials, Solid Waste flow control, and related doctrines. In the event that future interpretations of current law, enactment or developing legal trends limit the ability of City to lawfully provide for the scope of Franchise services as specifically set forth herein, Contractor agrees that the scope of the Franchise will be limited to those services and materials which may be lawfully provided for under this Agreement, and that City shall not be responsible for any lost profits claimed by Contractor to arise out of further limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility of Contractor to minimize the financial impact to other services being provided as much as possible.

2.10 CITY’S RIGHT TO DIRECT CHANGES

2.10.1 GENERAL
City may direct Contractor to perform additional services (including new Diversion programs, etc.) or modify the manner in which it performs existing services or bills for services. Pilot programs and innovative services which may entail new Collection methods, and different kinds of services and/or new requirements for Generators and/or Contractor are included among the kinds of changes which City may direct. Contractor acknowledges that State law may increase the Diversion requirement during the term of this Agreement and Contractor agrees to propose services to meet such Diversion requirements.

Contractor shall be entitled to an adjustment in its Contractor Compensation for providing such additional or modified services, if Contractor demonstrates that its cost of service would increase, as set forth in Sections 2.10.2 and 2.10.3. City may utilize cost components included in the Contractor’s Proposal in calculating equitable rate adjustments.

2.10.2 NEW DIVERSION PROGRAMS
Contractor shall present, within sixty (60) days of a request to do so by City, a proposal to provide additional or expanded Diversion services. The proposal shall contain a complete description of the following:
• Collection methodology to be employed (equipment, staffing, etc.). • Equipment to be utilized (vehicle number, types, capacity, age, etc.).

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Diamond Bar – WM 30 Franchise Agreement for Solid Waste Services • Labor requirements (number of employees by classification). • Type(s) of Containers to be utilized.
• Type(s) of material to be Collected.
• Provision for program publicity/education/marketing.
• Projection of the annual financial results of the program’s operations in an operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions.
• Any other information reasonably requested by the Contract Administrator.

2.10.3 CITY’S RIGHT TO ACQUIRE SERVICES
At any time during the Term of this Agreement, City may permit other Persons besides Contractor to provide additional Solid Waste Services not otherwise contemplated under this Agreement. If pursuant to Sections 2.10.1 and 2.10.2, Contractor and City cannot agree on terms and conditions of such services within ninety (90) days from the date when City first requests a proposal from Contractor to perform such services, Contractor acknowledges and agrees that City may permit Persons other than Contractor to provide such services, which shall be considered exempt from the exclusivity provisions of Section 2.9.

2.11 OWNERSHIP OF SOLID WASTE AND CITY’S RIGHT TO DIRECT SOLID WASTE Once Solid Waste is placed in Containers and properly placed at the designated Collection location, ownership and the right to possession shall transfer directly from the Waste Generator to Contractor by operation of this Agreement. Subject to Contractor’s objective to meet the Source Reduction and Recycling goals which apply to City and City’s right to direct Contractor to Process and Dispose of Solid Waste at a particular licensed Solid Waste facility or to Dispose of Solid Waste at a particular licensed Disposal Site, if and only if City exercises such right by providing specific written direction to Contractor, Contractor is hereby granted the right to retain, Recycle, Process, Dispose of, and otherwise use such Solid Waste, or any part thereof, in any lawful fashion or for any lawful purpose desired by Contractor; this does not impact Contractor’s right to retain Recyclable Materials revenue under Section 5.3. Subject to the provisions of this Agreement, Contractor shall have the right to retain any benefit resulting from its right to retain, Recycle, Process, Dispose of, or reuse the Solid Waste which it Collects. Solid Waste which is delivered to a Disposal Site or sites (whether Landfilll, Transformation Facility, Transfer Station, Organic Materials Processing Facility or Material Recovery Facility) shall become the property of the Owner or operator of the Disposal Site(s) once deposited there by Contractor. City may obtain ownership or possession of Solid Waste placed for Collection upon written notice of its intent to do so, however, nothing in this Agreement shall be construed as giving rise to any inference that City has such ownership or possession unless such written notice has been given to Contractor.

City has the option to provide written direction to the Contractor specifying a Facility for handling, Processing, and Disposal of Solid Waste. If City directs Contractor to a Facility other than a Designated Facility as listed in Exhibit 3 of this Agreement, or otherwise requested by Contractor,

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Diamond Bar – WM 31 Franchise Agreement for Solid Waste Services and in doing so it adversely affects the ability of the Contractor to meet either or both of the requirements of Section 11.1.3 and Section 5.2, then in this event the City and Contractor shall meet and confer and mutually agree on revised obligations for Sections 11.1.3 and 5.2. The foregoing notwithstanding, in the event City directs Contractor to a Facility other than a Facility listed in this Agreement or otherwise requested by Contractor, then Contractor shall be entitled to a rate adjustment based upon any increase or decrease in costs associated with handling, Processing, Disposal and Transportation.

2.12 CONTRACTOR’S CORPORATE STATUS
Contractor represents and warrants that it is duly organized, validly existing and in good standing under Applicable Laws. It is qualified to transact business in the State of California and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement.

2.13 CONTRACTOR CORPORATE AUTHORIZATION
Contractor represents and warrants that it has the authority to enter into and perform its obligations under this Agreement. The Board of Directors or partners of Contractor (or the shareholders, if necessary) have taken all actions required by Applicable Law, its articles of incorporation, and its bylaws or otherwise to authorize the execution of this Agreement. The Persons signing this Agreement on behalf of Contractor have authority to do so and authority to bind Contractor hereunder.

2.14 ANNEXATIONS
This Agreement extends to any territory annexed to the City during the term of this Agreement except to the extent that Collection by Contractor within that annexed territory would violate the provisions of Public Resources Code Section 49520. In such event, this Agreement shall become effective as to such area at the earliest possible date permitted by law, and City agrees that it shall cooperate with Contractor to fulfill any requirement necessary for Contractor to serve the annexed area consistent with this paragraph.

2.15 PERMITS AND LICENSES
Contractor shall acquire and maintain all necessary permits and licenses for the Collecting, Transporting, Recycling, Processing, Disposing, and storing of Solid Waste as required under this Agreement. Failure to maintain all required permits shall be deemed a material breach of contract for which City may terminate this Agreement as provided in Section 13.3. Contractor must follow requirements of the Diamond Bar City Code, including, but not limited to, obtaining a City of Diamond Bar business license.

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Diamond Bar – WM 32 Franchise Agreement for Solid Waste Services ARTICLE 3: SCOPE OF COLLECTION SERVICES

3.1 SERVICES TO BE PROVIDED – GENERAL
The work to be done by Contractor pursuant to this Agreement shall include, but not be limited to, the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services required. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve Contractor of the duty to furnish all others, as may be required, whether enumerated elsewhere in the Agreement or not, unless excused in accordance with Article 13.8.

The work to be done by Contractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that Customers within City are provided reliable, courteous and high-quality Solid Waste Services at all times. The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner provided in this section, whether such other aspects are enumerated elsewhere in the Agreement or not.

3.2 RESERVED

3.3 COMMERCIAL AND MULTI-FAMILY COLLECTION SERVICES
Contractor shall provide a three-Container Collection program for the separate Collection of Refuse, Source Separated Recyclable Materials, and Source Separated Organic Waste using Containers that comply with the requirements of Section 4.3. Contractor shall provide a program sufficient to enable City and Customers to meet or exceed the requirements of SB 1383 Regulations as of the start of Collection services under this Agreement. Commercial Premises includes multi-family dwellings of five or more units. Recyclable Materials and Organic Waste acceptable for collection are listed in Exhibit 4.

Collection frequency shall be at least once per week and more frequently if required to the waste generated at the Premises where the Containers are located. To resolve a dispute between Contractor and Customers, or if the City has health or safety concerns, City shall make final determination as to the number and size of Containers, frequency of Collection to be provided to Customers. Special consideration shall be given when determining the pickup areas to ensure that the flow of traffic is not impeded.

3.3.1 CONTAINER SIZES
Contractor shall provide 1, 1.5, 2, 3, 4 and 6 cubic yard Bins upon request. Contractor will service Bins equipped with compaction devices (known as compactors) that attach to the Bins if requested by Customer. The provision, sale, or lease of the compaction device itself is outside this Agreement. Contractor is not required to provide the compaction device.

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Diamond Bar – WM 33 Franchise Agreement for Solid Waste Services

3.3.2 COMMERCIAL AND MULTI-FAMILY PREMISES CART SERVICE Contractor shall offer Collection in Carts to Customers at Commercial Premises and Multi-Family Premises of five units or more that do not have space for, or do not generate enough waste to require the use of Bins for Collection. If Contractor and Customer have a disagreement as to whether Cart service is appropriate, or if City determines that Collection in Carts causes health and safety or other concerns, City shall make the final determination as to whether Collection in Carts may occur.

3.3.3 CONTAINER COLOR
Bins and Carts shall comply with CalRecycle color and labeling requirements under SB 1383 Regulations. Contractor shall provide blue Containers for the Collection of Recyclable Materials, green Containers for the Collection of Organic Waste and gray or black Containers for the Collection of Refuse. Alternatively, Contactor may provide Containers with blue, green, and gray or black lids to meet the Container color requirement.

3.3.4 RESERVED

3.3.5 RESERVED

3.3.6 SCOUT SERVICE
Upon request, Contractor shall provide scout service, whereby Contractor will access Containers using a small vehicle either to move Containers to street or other public right-of-way for Collection, or Collecting Solid Waste directly from Container storage location. Under no circumstance shall Containers remain in the public right-of-way or outside of Container storage location for a period exceeding two (2) hours. In the event of a dispute between Contractor and Customer as to whether scout service will be used, Contract Administrator will make the final determination.

Contractor is responsible for verifying that an encroachment permit has been obtained from the City prior to placing a Container in the public right-of-way. If the Customer has not obtained an encroachment permit, the Contractor shall inform the Customer that the Container shall not be placed in the public right-of-way until the Customer provides Contractor with verification of an encroachment permit, instructing the Customer as to how to obtain the permit. A copy of the encroachment permit shall be affixed to the Container.

3.3.7 BIN PUSHOUT SERVICE
Contractor may not charge a fee for pushing or rolling Bins to point of Collection.

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3.3.8 LOCKING BINS
Contractor shall provide locking Bin Service (providing the hasp and lock and servicing the lock) to Customers that request such service in accordance with the approved rate schedule, based upon a monthly fee per locking Bin.

3.3.9 REDELIVERY/RETURN TRIP FEE
Contractor may charge a fee, per the approved rate schedule, in the event that Contractor arrives on time for a scheduled Collection of Bins or Roll-Off Boxes, is impeded from Collection due to Container being blocked or otherwise unable to be Collected due to issues within the Customer’ s control, and Contractor must return for Collection prior to the Customers next scheduled Collection. Charge may be assessed for the trip, not per Bin, in the event of a Customer with multiple Bins.

3.3.10 CONTAMINATION WARNING NOTICES
Contractor is responsible for visually inspecting Containers (and may use on-board digital image technology) for prohibited Container Contamination. Additionally, Contractor shall perform contamination monitoring and inspections in compliance with the CalRecycle requirements under SB 1383 Regulations.

Containers shall be considered contaminated if it contains more than ten percent (10%) of prohibited Container Contamination.

Contractor shall warn Customers who have Container Contamination as required by CalRecycle under SB 1383 Regulations.

A. 1st instance: Contractor shall take photograph(s) of Container content, Collect the material from the Container, provide a courtesy notice that explains why the material Collected was non-conforming, and notify the City. The written notice shall also explain the policy for nonconforming materials, recommend corrective action, explain the consequences for repeated instances, provide a list of acceptable and non-acceptable materials in each Container, how to contact Contractor, and any other information required by CalRecycle.

B. 2nd and subsequent instances: In addition to the requirements under the 1st instance, Contractor shall have the option of assessing a Contamination Fee included in the approved rate schedule, or Contractor may refuse to Collect contaminated Containers upon written notification to Customer indicating the reason for non-Collection, and options for corrective action. A copy of such notice shall be delivered to the City via email upon request by the Contract Administrator or designee.

Each written notice and photograph shall be available to the City upon request. If twelve (12) calendar months have elapsed since a written notification was issued for a non-conforming Container, the next instance stall be deemed the initial instance. If the Customer has changed,

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3.4 ROLL-OFF BOX SERVICE
Contractor shall provide permanent and temporary Roll-Off Box Collection service upon request.

When accepting an order for Roll-Off Box service, it shall be Contractor’s duty to assist Customer with arranging service that maximizes the Diversion of Solid Waste from Landfill Disposal.

Contractor must deliver a temporary Roll-Off Box to a Customer within forty-eight hours of request (excluding Saturday, Sunday, and Designated Holidays). Contractor shall confirm that Customer has obtained an encroachment permit from the City prior to Contractor placing a Container in the public right-of-way.

The provision, sale, or lease of compactor Roll-Off Boxes, which are enclosed Containers attached to a compaction device, is not included in this Agreement. Providing service to such compactor Roll-Off Boxes is included.

Rates shall be charged at a set rate for the service component (per pull) plus the per-ton charge (dump) based on actual tonnage Collected. Contractor may charge a fee in the event a scheduled Roll-Off Box Collection is impeded from Collection due to Container being blocked or otherwise unable to be Collected and Contractor must return for Collection. There will be no charges other than the specific charges identified in the approved rate schedule.

Roll-Off Boxes shall comply with SB 1383 Regulations color and labeling requirements.

3.5 TEMPORARY BIN SERVICE
Contractor shall provide temporary Bin Service to Customers upon request. Contractor must deliver a temporary Bin to a Customer within forty-eight (48) hours of request (excluding Saturday, Sunday, and Designated Holidays). Contractor shall confirm that Customer has obtained an encroachment permit from the City prior to Contractor placing a Container in the public rightof-way. There will be no charges other than the specific charges identified in the approved rate schedule.

3.6 ON-CALL BULKY ITEM PICKUP
Contractor shall provide Bulky Item pickup service to all Residential Customers. Each Residential Dwelling Unit shall be entitled to four Bulky Item pickups per calendar year at no additional charge.

Customers may put out up to four (4) Bulky Items at each pickup. Contractor may instruct Customers to provide Contractor with a minimum of one business days’ notice for the items, which shall be Collected on the Customer’s regular Collection day. Contractor shall Collect all Bulky Items as defined in Section 1.11 including items referred to as Electronic Waste or “Ewaste.”

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Diamond Bar – WM 36 Franchise Agreement for Solid Waste Services The following provisions shall apply to this program:

1. No single item that cannot be handled by two workers will be accepted.

2. The following items will not be picked up: Hazardous Substances, Hazardous Waste, including waste oil or anti-freeze, with the exception of Bulky Items per Section 1.11 (including without limitation, Universal Wastes such as fluorescent bulbs, household batteries, and televisions, monitors and other items commonly referred to as “e-waste” that will be Collected by and Disposed of by Contractor in accordance with this section as well as Sections 3.6 and 5.2.5.)

3. Contractor shall record by class and weight (in tons) the Solid Waste Collected from Bulky Item pickups. Contractor shall record the kinds and weights (in tons) of this Solid Waste that is Diverted from Landfill Disposal through Recycling, reuse, Transformation, or other means of Diversion. Contractor shall include this information in its monthly reporting per Section 8.3.1. Commercial Customers may receive Bulky Item Collection for a fee, in accordance with the approved rate schedule.

3.7 CITY SERVICES

3.7.1 CITY FACILITIES
Contractor shall collect all Solid Waste including but not limited to Recyclables, Organics, Bulky Items, Electronic Waste, and Construction and Demolition Solid Debris which is generated at City government Premises at no additional cost to the City. The City shall provide Contractor with a list of locations and number of containers, sizes, and frequency of collection from which such Solid Waste shall be collected. Such Premises include, but are not limited to, City Hall, City offices, parks, City yard and street maintenance operations. Solid Waste at City yard will include Solid Waste Collected from street litter Containers. The list of City locations and the number of containers, sizes, and frequency of collection may be modified from time to time by the Contract Administrator without additional compensation paid to the Contractor. Solid Waste generated by such City operations shall be collected by Contractor per a schedule provided to Contractor by the Contract Administrator.

3.7.2 CITY-SPONSORED EVENTS
Contractor shall provide Solid Waste Collection and Disposal/Processing service for Citysponsored events at no additional charge to City or Ratepayers. This shall include providing Refuse Containers (Carts, Bins, Roll-off Boxes, and cardboard waste boxes with liners) to Collect and Dispose of, or Process, all Solid Waste. Contractor shall provide Containers for the Collection of Recyclables and Organics. It is the City's intent to alternate events assigned to Contractor with those events it assigns to the City's Residential franchisee; however, City does not guarantee that events will be evenly distributed based upon either level of effort or number of events. The list of City-sponsored events may change over time and include, but are not limited to:
• Concerts in the Park
• City Birthday Celebration

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• Fall Fun Festival
• Winter Snow Festival
• Arbor Day
• Easter Egg Hunt
• Earth Day
• America Recycles Day

3.7.3 EMERGENCY COLLECTION AND DISPOSAL SERVICE
Contractor will assist City at the City’ s request with emergency Collection and Disposal service in the event of major disaster, such as an earthquake, storm, riot or civil disturbance, or as otherwise determined necessary by the City, by providing Collection equipment and drivers normally assigned to City. Contractor may charge City for actual Disposal costs plus service rates per the approved rate schedule.

3.7.4 ABANDONED ITEM COLLECTION FROM CITY RIGHT-OF-WAY PUBLIC PROPERTY Contractor will Collect and Dispose of, at no additional charge to City or Ratepayers, within one Business Day of notification from City, all items left in the City’ s right-of-way, such as sidewalks, alleys, streets, and parkways within the routes/areas served by Contractor. Contractor will not be required to Collect Hazardous Waste (with the exclusion of Electronic Waste and Universal Wastes as provided in this Agreement), liquid wastes, or automobile parts that are individually too large for Collection by two people, but will be required to Collect any items defined as Bulky Items per Section 1.11. Contractor will properly Divert from Landfilling or Dispose of such items in accordance with Sections 5.2.3.

3.7.5 COMMUNITY DEVELOPMENT REVIEW SERVICES
Upon City request and at no additional charge, Contractor will review building permit applicants’ plans and advise regarding adequacy of Container storage space and access, particularly to accommodate Recycling containers.

3.7.6 LARGE VENUE EVENT ASSISTANCE
Contractor will assist planners of large venue events at no additional charge with reporting and planning needs as may be useful in meeting the requirements of AB 2176, found at California Public Resources Code 42648, et seq. and Contractor shall provide Recycling services upon request to special event planners.

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3.7.7 CONFISCATION OF UNAUTHORIZED CONTAINERS
1) City authorizes Contractor to confiscate illegal Collection Containers located within the City’s public rights-of-way subject to the noticing requirements of Diamond Bar City Code Section 8.16.870. Upon notification from City, or Contractor’s locating of an illegally placed Container, Contractor shall begin the following procedure within 24 hours:
2) Contractor shall first place a notice on Container, directing the illegal hauler or its Customer to remove the Container within 24-hours of notice, citing Section 8.16.870 of the Diamond Bar City Code, indicating where the Container may be retrieved, impound and storage costs, and warning that, should the Container not be removed by the hauler that Container may be removed without warning. If the company can be identified and its address ascertained, Contractor shall mail the warning as well. 3) Notify City of the notice and request authorization to impound the Container. 4) With written City approval, impound the Container if it has not yet been removed by the illegal hauler.
5) For subsequent violations by the same company after the initial notice has been posted, and after Contractor has mailed a warning to the company, Contractor may request written approval from City to remove company’ s Containers immediately, mailing a notice if address is known as to where the Container may be retrieved and impound and storage costs. If address is unknown, Contractor shall place the notice as close as feasible to where the Container was located.

Written approval from City under this section will include, but is not limited to, approval sent by e- mail or facsimile.

3.7.8 PROVISION OF STORAGE CONTAINERS
Contractor will provide the City with eleven 40-cubic-yard portable storage containers to be used for storage at City facilities and schools for the duration of the Agreement, and will maintain them in a condition satisfactory to the City. Contractor may transfer ownership of these storage containers to City, provided Contractor will remove and Dispose of these containers when requested to by City.ARTICLE 4: REQUIREMENTS FOR OPERATIONS, EQUIPMENT, AND PERSONNEL

4.1 OPERATIONS

4.1.1 SCHEDULES
To preserve peace and quiet, Commercial and industrial locations may be Collected between 6:00 A.M. and 6:30 P.M. Monday through Saturday.

Contractor may not make exceptions to these Collection days and times without advance written approval from the City. If the regularly scheduled Collection day falls on a Designated Holiday, Collection days for the remainder of that week shall all be postponed one Collection day.

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Diamond Bar – WM 39 Franchise Agreement for Solid Waste Services Contractor shall review its operations plan outlining the Collection routes, intervals of Collection and Collection times for all materials Collected under this Agreement with City upon thirty (30) days written notice requesting said review. Contractor shall submit a copy of its schedule and route map within seven (7) Business Days if requested by City. If the plan is determined to be inadequate by City, Contractor shall revise it incorporating any changes reasonably necessary to make it satisfactory to City within thirty (30) days. Changes to schedules and routing shall not be implemented without City approval and not until at least fifteen (15) Business Days following notification to Customers. The City may restrict the timing and frequency of any route changes based upon the City of Diamond Bar Diamond Bar City Code or any other applicable law or requirement.

4.1.2 MISSED PICKUPS
When notified of a missed pickup (which was not justified under the provisions of this Agreement) prior to 12: 00 p.m., Contractor shall Collect the Refuse, Recyclables, and/ or Organics that was not Collected the same day. If notified after 12: 00 p.m., Collection must take place no later than the next Business Day. If Contractor determined that the missed pickup was justified under this Agreement, Contractor will notify Customer as to the reason within this same time period.

4.1.3 HOLIDAY COLLECTION SCHEDULE
Contractor shall not be required to provide Collection services or maintain non-emergency office hours on the Designated Holidays. If the regularly scheduled Collection day falls on a Designated Holiday, Collection days for the remainder of that week shall all be postponed one Collection day.

Only the City may change the holiday collection schedule.

4.1.4 CHANGE IN COLLECTION SCHEDULE
Contractor shall notify City forty-five (45) days prior to, and Customers not later than thirty (30) days prior to, any change in Collection operations which results in a change in the day on which Solid Waste Collection occurs. Contractor will not permit any Customer to go more than seven (7) days without service in connection with a Collection schedule change. City's approval of any change in Collection is required prior to such change, and such approval will not be withheld unreasonably.

Any changes in the route map or Collection schedule shall require the prior approval of the City.

City may require reasonable changes to the route map or Collection schedule, to improve service, to resolve complaints or for other reasons. Prior to the change of a route schedule, Contractor shall provide written notice of the change to affected Customers ninety (90) days in advance.

Contractor shall coordinate with the Contract Administrator to ensure that Solid Waste Collection is compatible with the City’s street sweeping operations. Contractor will be required to complete their designated routes each day so as not to interfere with the City’s street sweeping operations.

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4.1.5 DEDICATED ROUTES
Solid Waste Collected in the City shall not be commingled in Collection vehicles with Solid Waste from other jurisdictions. All routes approved under this Agreement shall be dedicated exclusively to Solid Waste Collected in the City of Diamond Bar, with the exception of Commercial Organics routes.

4.1.6 OVERFLOWING CONTAINERS
Customers that regularly produce more Refuse than their current level of service can accommodate may have their service level increased in accordance with the following procedure:

First Incident: If more material is placed for Collection than fits in a Container, Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer (at both the service and billing addresses) the picture and a letter instructing that further instances of an overflowing Container may result in an increase in the level of service.

Second Incident: Upon the second event of an overfilled Container, Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer the picture and a letter requesting that Customer increase its service level. If the Customer declines, Contractor may petition City to permit Contractor to increase the service level to accommodate the higher demand for service.

Third and Subsequent Incidents: After the second incident of an overflowing Container and for every subsequent incident, Contractor shall Collect the Container, and charge the Customer an overage fee in the amount set forth in the approved rate sheet. Contractor may also increase the Container size, collection frequency, or require an additional Container and charge the Customer the appropriate rate(s) set forth in the approved rate schedule. City shall consult with Contractor and consider, and may pursue as applicable, appropriate enforcement and/or legal remedies against the offending Customer.

Contractor shall send City via e-mail or U.S. mail a copy of each letter and picture sent to a Customer under this Section 4.1.6.

4.1.7 GRAFFITI REMOVAL
Contractor shall remove graffiti from any Container within three (3) Business Days (excluding Saturday, Sunday, and Designated Holidays of request by City or Customer at no additional charge. Contractor is required to proactively look for graffiti when Collecting Containers, with all graffiti removed from Containers as stated above after any Collection without notification.

4.1.8 LITTER ABATEMENT
A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste or fluids from leaking, being spilled and/or scattered during the Collection or Transportation process. If any

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Diamond Bar – WM 41 Franchise Agreement for Solid Waste Services Solid Waste or fluids leak or are spilled during Collection, Contractor shall promptly clean up all such materials. Each Collection vehicle shall carry a broom and shovel at all times for this purpose.

Contractor shall not transfer loads from one vehicle to another on any public street, unless it is necessary to do so because of mechanical failure, accidental damage to a vehicle, or a preapproved method of Solid Waste transfer between vehicles, without prior written approval by City.

B. Clean Up. Contractor shall clean up litter in the immediate vicinity of any Solid Waste storage area if Contractor has caused the litter during the Collection process. Customer shall be responsible for cleanup of litter in Solid Waste storage area not caused by Contractor. Contractor shall identify instances of repeated spillage not caused by it directly with the Waste Generator responsible and will report such instances to City. Contractor may address habitual offenders in accordance with Section 4.1.6.

In the event of a spill of materials (vehicle fluids, Organic Waste leachate, etc.), Contractor shall provide a cleanup of the spill to the satisfaction of City and other governing agencies. Cleanup methods may include pressure washing (Contractor must capture and reclaim water) or other similar clean-up methods.

C. Covering of Loads. Contractor shall properly cover all open Roll-Off Boxes during Transport to the Disposal Site.

4.1.9 HEALTH AND SAFETY TRAINING
Contractor shall provide suitable operations, health and safety training on an ongoing basis for all of its drivers and other employees who use or operate equipment or who are otherwise directly involved in Collection or other related operations.

4.1.10 UNAUTHORIZED MATERIAL REMOVAL
Contractor shall remove from providing service under this Agreement employees who remove documents or any other material from Containers, other than specifically for the purposes of Disposal and Diversion as described in this Agreement.

4.1.11 REPORT OF ACCUMULATION OF SOLID WASTE; UNAUTHORIZED DUMPING Contractor shall direct its drivers to note (1) the addresses of any Premises serviced under this Agreement at which they observe that Solid Waste is accumulating and which is not being place out for Collection; and (2) the address, or other location description, at which Solid Waste has been dumped in an apparently unauthorized manner. Contractor shall deliver the address or description to City within five (5) Work Days of such observation.

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4.1.12 ROUTE AUDIT
Once during the first year or at City request but not more than once per year, Contractor shall conduct an audit of its Collection routes in the City. City may use information from the audit to develop a request for proposals for a new service provider. City may instruct Contractor when to conduct the audit in order for the results to be available for use in preparation of a request for proposals or for other City uses. City may also instruct Contractor to conduct an audit at a time that would produce the most accurate Customer service information for a new service provider to use in establishing service with Customers. In setting these audit dates, City will establish due dates for Contractor providing routing and account information, and later, the report, to City.

The route audit, at minimum, shall consist of an independent physical observation by Person(s) other than the route driver of each Customer in City. This Person(s) is to be approved in advance by City. The route audit information shall include, as a minimum, the following information for each account:
• Route Number;
• Truck Number;
• Number and size of Containers by waste stream (Refuse, Recycling, Organics) • Container condition;
• Account Name;
• Account Number;
• Account Service Address;
• Account Type (Service type);
• Service Level per Contractor Billing system (Quantity, Size, Frequency, Waste Stream); • Observed Containers (Quantity, Size, Frequency, Waste Stream). • Container condition;
• Proper signage; and,
• Graffiti.

Within thirty (30) days after the completion of the route audit, Contractor shall submit to City a report summarizing the results of the audit. This summary shall include:
• Identification of the routes;
• Route map;
• Truck numbers;
• Number of accounts, by route and in total (including Service types); • Confirmation that all Refuse routes are dedicated exclusively to City Customers;

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Diamond Bar – WM 43 Franchise Agreement for Solid Waste Services • Number and type of exceptions observed;
• Total monthly service charge, pre-audit;
• Total monthly service charge, post-audit (subsequent to corrections of identified exceptions); and,
• The report shall include a description of the procedures followed to complete the route audit. This description shall include the names and titles of those supervising the route audits and the name and titles of those performing the observations.

The report shall also include a description of the changes and Contractor’s plans to resolve the exceptions. The results of the audit, and supporting back-up data, shall be available for review by City or its representative.

4.1.13 SERVICE EXCEPTIONS; EXCLUDED WASTE NOTIFICATIONS A. Failure to Collect. When Solid Waste is not Collected from any Solid Waste Customer, Contractor shall notify its Customer in writing, at the time Collection is not made, through the use of a “tag” or otherwise, of the reasons why the Collection was not made.

B. Excluded Waste Inspection and Reporting. Contractor reserves the right to reject Solid Waste observed to be contaminated with Excluded Waste and the right not to Collect Excluded Waste put out with Solid Waste. Contractor shall notify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of Excluded Waste, found or observed in Solid Waste anywhere within the City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Excluded Waste unlawfully Disposed of or released on any City property, including storm drains, streets or other public rights of way, Contractor will immediately notify the City Manager or the City Manager’s designee. Contractor shall implement and maintain a training program that will assist its employees in identifying and properly disposing of any Excluded Waste that may come into their possession.

C. Excluded Waste Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of Excluded Waste found in Solid Waste and which was inadvertently Collected from Customers within the City, but Diverted from Landfill Disposal.

4.1.14 COLLECTION OF FORMER CONTRACTOR’S CONTAINERS
If any Solid Waste enterprise providing Solid Waste Services to Customers prior to the start of Collection services under this Agreement does not remove the Containers it had in use prior to the start of Collection services under this Agreement, Contractor shall Collect and Recycle/Dispose of all such Containers at no additional charge to City or Customers.

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4.2 VEHICLE REQUIREMENTS

4.2.1 GENERAL
Contractor shall provide Collection vehicles sufficient in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms as described in Contractor's Proposal. Any additional vehicles/routes that may be required to meet the service standards during the term of this Agreement, above the number included in Contractor's Proposal shall be done so at Contractor's sole expense. Contractor shall have available on Collection days sufficient reserve vehicles for each type of Collection vehicle, which can be dispatched within one (1) hour of any breakdown to complete the Collection routes and to respond to complaints and emergencies. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. All equipment of Contractor used to provide the services set forth in this Agreement shall be subject to inspection by City upon request.

4.2.2 VEHICLE SPECIFICATIONS
A. All route Collection vehicles will be not older than 2-years and in like-new condition upon initiation of services under this Agreement. Contractor shall operate no vehicles within the City over 10-years in age during the initial ten-year term of this Agreement and no older than 15-years in age during any future extensions of this Agreement.

B. Such vehicles must be registered with the California Department of Motor Vehicles and shall have water-tight bodies designed to prevent leakage, spillage or overflow. Hoppers shall be enclosed on top and on all sides to prevent material from leaking, blowing or falling from the Vehicles. Each Collection vehicle shall be equipped with a shovel and broom for clean-up of spillage. Collection Vehicles shall never be loaded to exceed the manufacturer’s recommended weight limit or otherwise operated unsafely or in violation of any Applicable Law.

C. At all times during the term of this Agreement, Contractor’s Collection vehicles shall comply with Department of Transportation requirements, South Coast Air Quality Management District Requirements and the California Air Resource Board requirements as they are currently in force and as they may be approved for Refuse removal vehicles, as well as other Federal, State and local laws and regulations that may be enacted during the term of this Agreement.

D. All route Collection vehicles used by Contractor in providing Refuse, Recycling, and Organics Collection services, excluding spares, Roll-off Box Collection vehicles, scout vehicles, supervisor vehicles, Container delivery and other specialty vehicles used on a sporadic basis, shall use alternative fuel such as compressed or liquified natural gas, liquified petroleum gas, methanol, electricity, fuel cells, or other advanced technologies, approved by the South Coast Air Quality Management District (SCAQMD) for Solid Waste Services.

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4.2.3 VEHICLE IDENTIFICATION
Contractor's name, local telephone number, and a unique vehicle identification number designed by Contractor for each vehicle shall be prominently displayed on all vehicles, in letters and numbers no less than six (6) inches high. City must approve truck labeling. No advertising shall be permitted other than the name of the Contractor except promotional advertisement of the Recyclable Materials and Organic Materials programs, other programs specific to the City, or information requested by City pursuant to Section 4.2.9. All advertisement must be approved by the City. Contractor shall not place City's name and/or any City logos on Contractor vehicles.

4.2.4 CLEANING AND MAINTENANCE
1) Contractor shall maintain all of its properties, vehicles, facilities, and equipment used in providing service under this Agreement in a good, safe, neat, clean, and operable condition at all times.
2) Vehicles used in the Collection of Refuse, Recyclable Materials, and Organics shall be painted, thoroughly washed, and thoroughly steam cleaned on a regular basis so as to present a clean appearance. City may inspect vehicles at any time to determine compliance with this Agreement. Contractor shall also make vehicles available to the County of Los Angeles for inspection, at any frequency it requests. Contractor agrees to replace or repair to the City’s satisfaction, any vehicle which City determines to be of unsightly appearance, leaking, or in unsatisfactory operating condition. 3) Contractor shall repaint all vehicles used in the Collection of Refuse, Recyclable Materials and Organics at least every five years, and within thirty (30) days' notice from City if City determines that their appearance warrants painting.
4) Contractor shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles which are not operating properly shall be removed from service until repaired and operating properly. Contractor shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage, and shall make such records available to City upon request. 5) Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown, or any other cause so as to maintain all equipment in a safe and operable condition. Contractor shall maintain accurate records of repair, which shall include the date and mileage, nature of repair and the verification by signature of a maintenance supervisor that the repair has been properly performed.
6) Contractor shall clean up any leaks or spills from its vehicles per the National Pollutant Discharge Elimination System (NPDES) permit in effect at the time. No fluids shall be washed into storm drains at any time. All NPDES dry-cleaning measures shall be complied with. All Collection Vehicles must be equipped with absorbent for such cleanup efforts.

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Diamond Bar – WM 46 Franchise Agreement for Solid Waste Services 7) Upon request, Contractor shall furnish City a written inventory of all equipment, including Collection vehicles, used in providing service. The inventory shall list all equipment by manufacturer, ID number, date of acquisition, type, and capacity. 8) All vehicles used to provide services under this Agreement shall at all times have in the cab the registration of the truck, evidence of insurance meeting the requirements of this Agreement and an identification card with the name of whom to telephone in case of an accident or emergency. Each truck shall be equipped with a minimum of a 20 -pound fire extinguisher that has been certified by the state fire marshal. This fire extinguisher shall be recharged as needed, but not less than once annually. 9) All trucks used to provide services under this Agreement in the City shall be required to be completely enclosed with a nonabsorbent cover while Transporting Refuse, Recyclables or Compostable Materials or other Solid Waste materials in or through the city. "Completely enclosed with a nonabsorbent cover" means that Refuse, trash, Recyclable or Compostable materials shall not be visible from the public highway, nor shall any of the substances be permitted to leak, spill or become deposited along any public highway.

4.2.5 VEHICLE OPERATIONS
Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. Contractor shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local weight restrictions on vehicles.

Contractor equipment used for Refuse, Recycling, and Organics services shall be registered with the California Department of Motor Vehicles. Equipment shall comply with US EPA noise emission regulations, currently codified at 40 CFR Part 205 and other applicable noise control regulations, and shall incorporate noise control features throughout the entire vehicle. Noise levels of equipment used for Collection shall comply with the Diamond Bar City Code Chapter 8.16 and in no event shall the noise level exceed 75 dba when measured at a distance of 25 feet from the vehicle, five feet from the ground. Contractor shall store all equipment in safe and secure locations in accordance with City's applicable zoning regulations.

Contractor shall be responsible for any damage, normal wear and tear excepted, resulting from or directly attributable to any of its operations, and which it causes to: City's driving surfaces, whether or not paved, public or private; associated curbs, gutters, and traffic control devices; and all other public and private improvements.

4.2.6 CITY INSPECTION PER CODE
City may cause any vehicle used in performance of this Agreement to be inspected and tested at any commercially reasonable time and in such manner as may be appropriate to determine that the vehicle is being maintained in compliance with the provisions of the State Vehicle Code, including, but not limited to, California Vehicle Code Sections 27000(b), 23114, 23115, 42030, 42032, and all Vehicle Code Sections regarding smog equipment requirements. City may direct the removal of any vehicle from service if that vehicle is found to be in nonconformance with

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4.2.7 VEHICLE INSPECTIONS
Upon City request, Contractor shall submit the Safety Compliance Report/Terminal Record Update from its Biennial Inspection of Terminal, or BIT. If Contractor receives a terminal rating below satisfactory, the Contractor is in violation of the Agreement. The Contractor has the time allowed by the Department of California Highway Patrol (“CHP”) to cure violations and bring the terminal rating up to satisfactory. If the CHP does not adjust the rating to satisfactory or better within six months, then the Contractor shall be considered in default of the contract and the City may terminate the Agreement as provided in Section 13.2.

4.2.8 CORRECTION OF DEFECTS
Following any inspection, the Contract Administrator shall have the right to cause Contractor, at its sole cost and expense, to recondition or replace any vehicle or equipment found to be unsafe, unsanitary or unsightly. The Contract Administrator’s decision will be final.

4.2.9 CITY INFORMATIONAL DISPLAYS
Contractor shall equip all vehicles which Collect Solid Waste within the City with informational displays. The City shall advise Contractor as to the messages which should be displayed while vehicles are operating for the City. The City may, at its option, have the messages to be displayed changed once per year at no additional cost.

4.2.10 VEHICLE AND EQUIPMENT INVENTORY
On or before the effective date of this Agreement, the Contractor shall provide to the Contract Administrator an inventory of Collection Vehicles and major equipment used by the Contractor for Collection or Transportation in performance of services under this Agreement.

The inventory shall indicate each Collection vehicle by identification number, DMV license number, the age of the chassis and body, type of fuel used, the type and capacity of each vehicle, the date of acquisition, and the maintenance and rebuilt status.

The Contractor shall submit to the Contract Administrator an updated inventory including all of the information required above in each annual report, or more often at the request of the City.

Each vehicle inventory shall be accompanied by a certification signed by the Contractor that all Collection Vehicles meet the requirements of this Article.

4.3 CONTAINER REQUIREMENTS

4.3.1 CART REQUIREMENTS
A. Reserved

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Diamond Bar – WM 48 Franchise Agreement for Solid Waste Services B. Cart Design Requirements. Carts shall be manufactured by injection or rotational molding and meet the Cart design and performance requirements as specified below. All Carts selected shall be subject to City approval. The City will not permit Carts and Cart lids with inconsistent colors or in poor condition to be used in the City at any time during the term of this Agreement, and may require Contractor to replace such Carts. Contractor shall ensure that all Carts in service during the terms of this Agreement comply with CalRecycle requirements under SB 1383 Regulations.

C. Cart Colors. The Refuse, Recycling and Organics Carts or Cart lids will be differentiated by color. The colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Cart and Cart lid colors shall be consistent throughout the City, and shall comply with CalRecycle requirements under SB 1383 Regulations.

D. Capacity. References to Cart sizes of 35, 64, or 96 gallons are approximate.

Acknowledging the different sizes provided by the various Cart manufacturers, the Carts shall be uniform in appearance and must conform to the following ranges in size:
• 30 to 40 gallons,
• 60 to 70 gallons, and
• 90 to 101 gallons.

E. Cart Handles. The Cart handles and handle mounts may be an integrally molded part of the Cart body or molded as part of the lid. The Cart handles will provide comfortable gripping area for pulling or pushing the Cart or lifting the lid. Pinch points are unacceptable.

F. Cart Lid Performance. Each Container shall be provided with a lid that continuously overlaps and comes in contact with the Container body or otherwise causes an interface with the Container body that simultaneously:
• Prevents the intrusion of rainwater, rodents, birds, and flies; • Prevents the emission of odors;
• Enables the free and complete flow of material from the Container during the dump cycle without interference with the material already deposited in the truck body or the truck body itself and its lifting mechanism;
• Permits users of the Container to conveniently and easily open and shut the lid throughout the serviceable life of the Container;
• Prevent damage to the Cart body, the lid itself or any component parts through repeated opening and closing of the lid by residents or in the dumping process as intended; • Remain closed in winds up to 25 miles per hour from any direction. All lid hinges must remain fully functional and continually hold the lid in the original designed and intended positions when either opened or closed or any position between the two extremes; and,

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Diamond Bar – WM 49 Franchise Agreement for Solid Waste Services • Lid shall be designed and constructed such that it prevents physical injury to the user while opening and closing the Container.
• The lid handle shall be an integrally molded part of the lid; • The lid (and body) must be of such design and weight that would prevent an empty Container from tilting backward when flipping the lid open; and, • The lid shall be hinged to the Cart body in such a manner so as to enable the lid to be fully opened, free of tension, to a position whereby it may rest against the backside of the Container body.

G. Cart Labeling and Hot Stamping. Labels used on Carts shall be placed on the inside of the Cart lid, and hot stamps shall be on the top of the lid and/or on the body of the Cart. Each Cart shall be hot stamped with the material type (e.g., Refuse, Recycling, Organics) in English, Mandarin, and Korean. Labels shall include graphic instruction on what materials should and should not be placed in each Cart. Design for both the labels and the hot stamps must be approved by City prior to ordering labels or Carts. City shall approve what information is included on the label and in the hot stamp, as well as approve design and quality. Labels shall be replaced when worn, and when information on the label is in need of updating, but no later than 90 days of request from City. Information on the Carts shall include the telephone number to call for Contractor for Bulky Item pickups and for general Customer service. All Carts shall be labeled in accordance with CalRecycle requirements under SB 1383 Regulations throughout the term of this Agreement.

H. Cart Performance Requirements. All Carts shall be designed and manufactured to meet the minimum performance requirements described below.

I. Cart Load Capacity. Depending on the capacity, the Carts shall have a minimum load capacity as noted below without Container distortion, damage, or reduction in maneuverability or any other functions as required herein.

Cart Capacity
Gallons)
Minimum Load
Capacity
(lbs)
90-101
60-70
30-40
200
130
70 J. Cart Durability. Carts shall remain durable, and at a minimum, shall meet the following durability requirements to satisfy its intended use and performance, for the term of this Agreement:
• Maintain its original shape and appearance;

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Diamond Bar – WM 50 Franchise Agreement for Solid Waste Services • Be resistant to kicks and blows;
• Require no routine maintenance and essentially be maintenance free; • Not warp, crack, rust, discolor, or otherwise deteriorate over time in a manner that will interfere with its intended use;
• Resist degradation from ultraviolet radiation;
• Be incapable of penetration by biting or clawing of household pets (i.e., dogs and cats); • The bottoms of Cart bodies must remain impervious to any damage, that would interfere with the Cart’s intended use after repeated contact with gravel, concrete, asphalt or any other rough and abrasive surface;
• All wheel and axle assemblies are to provide continuous maneuverability and mobility as originally designed and intended; and,
• Resist degradation by other airborne gases or particulate matter currently present in the ambient air of the City.

K. Chemical Resistant. Carts shall resist damage from common household or Residential products and chemicals. Carts, also, shall resist damage from human and animal urine and feces.

L. Stability and Maneuverability. The Carts shall be stable and self-balancing in the upright position, when either empty or loaded to its maximum design capacity with an evenly distributed load, and with the lid in either a closed or open position. The Carts shall be capable of maintaining an upright position in sustained or gusting winds of up to 25 miles per hour as applied from any direction. The Carts shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in weight to its maximum design capacity on a level, sloped or stepped surface.

M. Cart Repairability Or Replacement. Contractor shall be responsible for Cart repair and maintenance, and replacing lost, stolen or damaged Carts within three (3) business days of notification (excluding Saturday, Sunday and Designated Holidays, at no additional charge to the Customer or to City, unless Contractor can demonstrate to the Contract Administrator that the damage or loss was due exclusively to the Customer’s intentional or wanton destruction. Contract Administrator shall make the final determination. All repairs must restore the Cart to its full functionality. If City permits a Cart replacement charge to be assessed against Customer, Contractor may charge the Customer the Cart Replacement Fee in the approved rate schedule.

Unsightly/worn-out/broken Carts shall be replaced by Contractor upon Customer request at no additional cost to Customer.

Customers are responsible for the cleanliness and sanitation of Carts. Contractor shall steam clean Carts upon request of Customers at the rates shown in the approved rate schedule. All Carts in service for the duration of this Agreement shall comply with color and labeling requirements specified by CalRecycle under SB 1383 Regulations.

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4.3.2 BIN REQUIREMENTS
A. Cleaning and Maintenance. Contractor shall provide Customers with Bins required during the term of this Agreement and maintain Containers in safe working condition. The size of Contractor-provided Bins shall be determined by mutual agreement of Customer and Contractor.

All Bins in use shall be constructed of heavy metal, or other suitable, durable material, and shall be watertight and well painted. Wheels, forklift slots, and other apparatuses, which were designed for movement, loading, or unloading of the Bin shall be maintained in good repair.

Upon Customer or City request, or if required to maintain the Containers in a clean condition, Contractor shall clean Customer Bins once per year at no additional charge.

Contractor shall perform cleaning, repainting, or replacement of Bins as necessary to prevent a nuisance caused by odors or vector harborage, or if requested by Customer or City for an additional charge at the rates listed in the approved rate schedule. When a Bin is removed for cleaning, Contractor shall replace the Bin, either temporarily or as a change-out, with another Container.

B. Bin Identification and Color. Each Bin placed in City by Contractor shall have the name of Contractor and phone number in letters not less than three (3) inches high on the exterior of the Bin so as to be visible when the Bin is placed for use. Bin type (Refuse, Recycling, Cardboard, Organic Waste) may be identified with an affixed sign.

Bins shall be labeled to include English, Korean, and Mandarin and graphic instruction on what materials should and should not be placed in each Bin. Contractor shall have labels approved by City prior to ordering and placement on Bins. Labels shall be replaced when worn, and when information on the label is in need of updating, but no later than 90 days of request from City.

Contractor shall repaint Bins at the City’s request if the City deems it necessary to maintain a neat appearance. All Bins in service for the duration of this Agreement shall comply with color and labeling requirements specified by CalRecycle under SB 1383 Regulations.

4.3.3 ROLL-OFF BOX REQUIREMENTS
Contractor shall provide sufficient Roll-Off Boxes to meet Customer demand throughout the Term of the Agreement, and will keep all Roll-Off Boxes clean, free from graffiti, equipped with reflectors, and with the name and phone number of Contractor in letters not less than three (3) inches high on the exterior of the Roll-Off Box so as to be visible when the Roll-Off Box is placed for use. Contractor shall properly cover all open Roll-Off Boxes during Transport as required by the State Vehicle Code. All Roll-Off Boxes in service for the duration of this Agreement shall comply with color and labeling requirements specified by CalRecycle under SB 1383 Regulations.

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4.4 PERSONNEL

4.4.1 QUALIFIED PERSONNEL
Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical, management and other personnel as may be necessary to provide the services required by this Agreement in a satisfactory, safe, economical and efficient manner. All drivers shall be trained and qualified in the operation of vehicles they operate and must possess a valid license, of the appropriate class, issued by the California Department of Motor Vehicles.

4.4.2 IDENTIFICATION REQUIRED
Contractor shall provide its employees, companies, and subcontractors with identification for all individuals who may make personal contact with residents or businesses in City. City may require Contractor to notify Customers yearly of the form of said identification. Contractor shall provide a list of current employees, companies, and subcontractors to City upon request.

City reserves the right to perform a security and identification check through the City's Police Department on the Contractor and all their present and future employees employed by Contractor to work in the City, in accordance with accepted procedures established by City, or for probable cause.

4.4.3 HAZARDOUS MATERIAL EMPLOYEE TRAINING
Contractor shall establish and implement an educational program which will train Contractor's employees in the identification of Hazardous Material. Contractor's employees shall not knowingly place such Hazardous Material in the Collection vehicles, nor knowingly Dispose of such Hazardous Materials at the Processing Facility or Disposal Site.

4.4.4 FEES AND GRATUITIES
Contractor shall not, nor shall it permit any agent, employee, or subcontractors employed by it to request, solicit or demand, either directly or indirectly, any compensation or gratuity for services authorized to be performed under this Agreement except as described in this Agreement, in accordance with the approved rate schedule.

4.4.5 NON-DISCRIMINATION
Contractor shall not discriminate in the provision of service or the employment of Persons engaged in performance of this Agreement on account of race, color, religion, sex, age, physical handicap, or medical condition in violation of any applicable federal or state law.

4.4.6 HIRING OF DISPLACED EMPLOYEES
In accordance with Labor Code Sections 1070, 1072, 1075, and 1076, Contractor shall offer employment to qualified existing employees of the current contractor that may be displaced if the current contractor is not retained. Immediately following award of this Agreement, Contractor

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Diamond Bar – WM 53 Franchise Agreement for Solid Waste Services shall work with the current contractor to obtain a complete list of full‐time non‐management employees in good standing working exclusively to provide direct Collection services to City and Collection support services. Contractor shall conduct outreach, complete interviews, and offer employment to eligible employees. Contractor will not be required to hire for more positions than the maximum anticipated positions needed to provide the services required by this Agreement or hire employees for positions if those employees have not been successfully executing duties similar to those needed by Contractor to provide the services required by this Agreement.

4.4.7 CITY LIAISON
Contractor shall designate a person to serve as agent and liaison between the Contractor and the City and shall maintain a telephone and a means for contact at all times including during periods of strike or other emergencies. The Contractor's City Liaison shall meet with the City as necessary to effectuate the purposes of the Agreement. Contractor shall immediately inform City of any changes in the designated City Liaison. Contractor shall not change this designation without prior approval of the City, excluding cases of termination of the employee.

4.4.8 SERVICE LIAISON
Contractor shall designate a field supervisor as the City’s “Service Liaison” who shall be responsible for working with Contract Administrator to resolve Customer service-related complaints. The Service Liaison shall be accessible via cell phone or radio in the field at all times.

Contractor shall immediately inform City of any changes in the designated Service Liaison.

Contractor shall not change this designation without prior approval of the City, excluding cases of termination of the employee.

4.4.9 ENVIRONMENTAL COORDINATOR
To achieve a high level of Recycling education and awareness, Contractor will hire at least one full-time, fully trained and experienced, environmental coordinator.

The environmental coordinator shall develop and conduct all education and outreach activities required under the Agreement including, providing technical assistance to Multi-Family Premises, and Commercial Customers; promoting waste reduction, Recycling, and Diversion programs; submitting monthly reports to the City regarding waste audits, outreach activities, and any other information requested by the City. The environmental coordinator shall fully cooperate with the City in implementing the City’s Customer Education Plan.

4.4.10 CITY’S RIGHT TO APPROVE CITY AND SERVICE LIAISON City may request that Contractor change the City and Service Liaisons and shall have the right to approve the designated liaisons. Contractor shall immediately inform City of any changes in the designated liaisons.

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Diamond Bar – WM 54 Franchise Agreement for Solid Waste Services ARTICLE 5: PROCESSING AND DISPOSAL REQUIREMENTS

5.1 TRANSPORTATION OF DISCARDED MATERIALS
The Contractor shall Transport all Solid Waste Collected under Article 3 to the Designated Facilities listed in Exhibit 3. The Contractor shall maintain accurate records of the quantities of Solid Waste Transported to Solid Waste facilities and will cooperate with the City in any audits or investigations of such quantities.

5.2 DIVERSION AND PROCESSING REQUIREMENTS
Contractor shall Recycle or Divert from landfilling sufficient Solid Waste to assist the City in its compliance with current state law requirements. Contractor shall be considered to have met this requirement under this Agreement if the City's annual report to CalRecycle shows compliance with the State-mandated diversion, as may be revised by CalRecycle during the Term of this Agreement.

5.2.1 PROCESSING OF RECYCLABLES AND ORGANICS
Contractor shall deliver all Collected Recyclables and Organics to a fully permitted Processing Facilities capable of separating and recovering materials to maximize Diversion credit for City in accordance with CalRecycle regulations.

All expenses related to Recyclable and Organics Material Processing and marketing will be the sole responsibility of the Contractor. Contractor shall ensure that all Recyclables and Organics Collected are Diverted and not Disposed of in a Landfill except as a Residue resulting from Processing or loads rejected by the Processing Facility operator or loads not delivered to the Processing facility by Contractor due to the presence of excessive contamination rendering the Recyclable loads unfit for Processing.

Recyclables or Organics loads rejected by the Processing Facility operator or not delivered to the Processing Facility due to excessive contamination shall be reported to City together with information regarding the source or route from which it originated. Failure to do so places the Contractor in default. The City has the option, but not obligation, to direct the Contractor where to deliver the material.

5.2.2 END USES FOR ORGANICS
Contractor is responsible for monitoring how the Organic Material will be Diverted at selected facilities and for selecting alternative facilities if necessary to ensure full Diversion credit. Failure to do so places the Contractor in default. City has the option, but not obligation, to direct Contractor where to deliver the material, and if City directs Contractor to an alternative Facility then Contractor may request a rate adjustment in accordance with Section 2.10.

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5.2.3 BULKY ITEM DIVERSION
Bulky Items Collected by Contractor in accordance with Section 3.6, or otherwise Collected under this Agreement, may not be Landfilled or Disposed of until the following hierarchy of Diversion efforts has been followed by Contractor:
1) Reuse as is,
2) Disassemble for reuse or Recycling,
3) Recycle or market and sell Recyclable Materials for Recycling, 4) Disposal.

This hierarchy is intended to preclude the use of front or rear loading packer vehicles for Bulky Items unless the compaction mechanism is not used to compact the Bulky Items, unless they have been designated for Disposal.

5.2.4 CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION
Contractor will bring all loads of mixed Construction and Demolition Debris to a C&D Designated Processing Facility as listed in Exhibit 3 for separation and recovery of this material. Contractor may deliver separated loads of Construction and Demolition Debris, such as clean dirt, concrete or rebar, to facilities specializing in the reuse of such materials, provided this material is Diverted from Landfill Disposal. Contractor shall Divert from Landfill Disposal a minimum of 75% or the State-mandated Construction and Demolition Diversion percentage, whichever is greater, of all Construction and Demolition Debris Collected.

5.2.5 DIVERSION OF ELECTRONIC, UNIVERSAL AND OTHER SPECIAL WASTE Contractor shall Divert waste requiring special handling, such as Electronic Waste, or “E-Waste” Collected in accordance with Sections 3.6, or by other means under this Agreement, by taking these goods to a properly permitted Facility, and not by Landfill Disposal.

5.3 MARKETING AND SALE OF RECYCLABLES
Contractor shall be responsible for marketing and sale of all Recyclables Collected pursuant to this Agreement. Contractor may retain revenue from the sale of Recyclable Materials, and shall report the amount of such revenues to City upon request. In the event that Contractor is unable, after reasonable diligence, to sell or donate certain Recyclable Materials due to the lack of an available market, Contractor may request, and City may authorize Contractor, in its sole discretion, to Dispose of said Recyclables without sale, subject to on-going review by the City. In the event market conditions for said Recyclables change such that they can, once again, be sold by Contractor, City may withdraw its consent for Contractor to Dispose of said Recyclables and may, again, require Contractor to sell said Recyclables as otherwise provided in this Agreement.

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5.4 USE OF DESIGNATED FACILITIES
The Contractor, without constraint and as a free‐market business decision in accepting this Agreement, agrees to use the Designated Facilities as listed in Exhibit 3 for the purposes of Processing and/or Disposing of all Source Separated Recyclable Materials, Source Separated Organics Materials, Refuse, Bulky Items, and other materials Collected in the City over the Term of this Agreement. Contractor agrees that such decision by the Contractor in no way constitutes a restraint of trade.

The Contractor shall not knowingly deliver materials Collected under this Agreement to facilities that do not comply in all material aspects with Applicable Law. The Contractor, and not the City, must use reasonable efforts to assure that all Disposal, Transfer, and Processing facilities to which the Contractor delivers material under this Agreement are properly permitted to receive material Collected under this Agreement, except for any other facility that the City directs the Contractor to use. Failure to comply with this provision may result in the Contractor being in default under this Agreement.

Contractor shall actively work with the Designated Facility(ies) operator(s) throughout the Term of this Agreement to ensure that Contamination remains below the limits established by Applicable Law, including, without limitation, SB 1383 Regulations.

Through written notice to the City annually on or before July 1, Contractor shall identify the facilities to which Contractor will Transport Solid Waste including Source Separated Organic Waste, Source Separated Recyclable Materials, Refuse, Bulky Items, and other materials Collected in the City over the Term of this Agreement.

5.5 USE OF CONTRACTOR-OWNED APPROVED FACILITIES
If the Contractor or Affiliate owns and/or operates a Designated Facility, all expenses associated with permitting, licensing, regulatory compliance, closure and post-closure, etc. and all other costs associated with the operation and ownership of the Designated Facility is the sole responsibility of the Contractor. All expenses related to Processing and / or marketing of Organics and Recyclables will be the sole responsibility of the Contractor. Any request to adjust the Contractor’s rates shall be done in accordance with Article 10.

5.6 SOLID WASTE CAPACITY GUARANTEE
Contractor shall provide City with guaranteed capacity at those Solid Waste facilities owned or operated by Contractor or Affiliate listed in Exhibit 3 for the Term of this Agreement.

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Diamond Bar – WM 57 Franchise Agreement for Solid Waste Services ARTICLE 6: OTHER SERVICES

6.1 BILLING AND CONTRACTOR COMPENSATION
The Contractor shall be solely responsible for the billing and collection of payments for all Collection services. The Contract Administrator shall have the right to review and approve the format of all Customer bills. The Contractor shall be entitled to set rates for all services provided pursuant to this Agreement, provided that such rates do not exceed the maximum approved rates in accordance with the approved rate schedule.

Contractor Compensation is exclusively derived from revenue received as a result of the Billings for services listed on the approved rate schedule, and Contractor shall charge no additional fees unless approved in advance by the City.

6.1.1 RESERVED

6.1.2 COMMERCIAL CART AND BIN SERVICE
Contractor shall be responsible for billing for Commercial Cart and Commercial Bin services and other special charges as permitted in the approved rate schedule on a monthly basis. Bills must be itemized by service type, Container size, frequency of service, discounts, and period billed for. All bills must carry a due date, not "due upon receipt." Bills will not carry an itemization of fees remitted to the City.

6.1.3 RESERVED

6.1.4 RESERVED

6.1.5 FORM OF PAYMENT FOR ROLL-OFF OR TEMPORARY BIN SERVICE Contractor will accept major credit cards for payment from Customers who request temporary Roll-Off Box or temporary Bin service that do not have an account with Contractor. Customers without such an account who do not use credit cards may be required by the Contractor to post a security deposit or to pay on a "Cash on Delivery C.O.D.” basis. Any unused portion of a security deposit will be refunded to the Customer within fifteen business days of the termination of service.

6.1.6 TEMPORARY BIN AND ROLL-OFF BOX SERVICE
1) Customers' temporary Bin and Roll-Off Box services may be Billed at the time of, or in advance of, service, or on a monthly or bi-monthly Billing cycle. 2) Contractor may request advance payment for temporary services. 3) Contractor may require outstanding temporary services balances be paid prior to providing subsequent temporary services.

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Diamond Bar – WM 58 Franchise Agreement for Solid Waste Services 4) Weekly Cart Collection services shall not be suspended due to outstanding balances for Bin or Roll-Off Box Services.

6.1.7 AUTOMATED BILLING PAYMENT
Contractor shall make available to all Customers through Contractor’s website and customer service portal, an automated billing and payment system at no additional charge. This system should allow Customers to view and pay bills, obtain an electronic copy of their bill, request to cease paper billing and receive e-bills via email or through Contractor’s website. The Contractor will ensure that the electronic billing and payment website conforms to industry-standard practices for electronic commerce security. The Contractor must ensure that Customers receiving e-bills are also receiving billing inserts either via electronic mail or via US Postal Service. The Contractor shall promote the website-based billing and payment system on all paper bills sent to Customers.

6.1.8 BILL PAYMENT BY PHONE
The Contractor shall make available to all Customers the ability to make bill payment by phone at no additional charge.

6.1.9 REVIEW OF BILLINGS
Contractor shall review its Billings to Customers to determine that the amount which Contractor is billing each Customer is correct in terms of the level of service being provided to such Customer by Contractor. Contractor shall review Customer accounts annually and submit to City a written report of that review annually on the anniversary of the Effective Day of this Agreement.

6.1.10 SUSPENSION OF SERVICE DUE TO NON-PAYMENT
In the event of non-payment by a Commercial Customer Billed by Contractor, Contractor must follow these steps before suspending service:

First Notice: If payment is not received by 15 days after due date, Contractor shall notify Customer in writing of the non-receipt of payment and that non-payment can result in suspension of service.

Second Notice: If payment is not received within 15 days of the mailing of the first notice of nonreceipt of payment, Contractor shall mail a second notice of non -receipt of payment, wanting that 1) service will be suspended in 15 days if payment is not received and that City will undertake code enforcement against the delinquent Customer, and 2) Contractor may assess a penalty of up to 10% on balances outstanding for sixty (60) days after the invoice date.

Contractor shall not suspend service without prior approval from City.

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6.1.11 DEBT COLLECTION
Contractor shall be responsible for bad debt. Contractor may pursue independent collections against Customers. City will not pursue collections on behalf of Contractor.

6.1.12 CONTINUED PROVISION OF SERVICE
In the event of a Billing dispute or to avoid an immediate threat to public health or safety, Contractor shall continue to provide service to Customers if requested in writing by City, without regard to the status of said Customer account and at no expense to City. Billing disputes between Contractor and Customer may be resolved by City, and City' s decision shall be final and binding.

6.1.13 NO MARKETING
The Contractor will not market or distribute mailing lists with the name or address of Customers.

The Contractor’s obligations under this subsection are in addition to any other privacy rights accorded Customers under Applicable Law.

6.2 CUSTOMER SERVICE
All service inquiries and complaints shall be directed to the Contractor. A representative of the Contractor shall be available to receive the complaints during normal business hours. All service complaints will be handled by the Contractor in a prompt, courteous, and efficient manner.

6.2.1 LOCAL OFFICE
Contractor shall maintain a local office. Office Hours shall be, at a minimum, from 7:00 A.M. to 5:00 P.M., Monday through Friday, exclusive of Designated Holidays. A responsible and qualified representative of Contractor shall be available during Office Hours for personal communication with the public at the local office, and to receive payments from Customers. Contractor shall have either a representative, a message machine, or an answering service available outside of Office Hours. Calls received outside of Office Hours shall be responded to on the next business day.

Contractor shall provide City with a twenty-four (24) hour emergency number to a live person, not voicemail.

6.2.2 CUSTOMER SERVICE PORTAL
Contractor shall maintain a company website and customer portal for all customer service matters. The following customer transactions shall be supported both by automation (computer interaction) and by a live customer service representative, depending on customer preference: (1) creation of a new account; (2) closing an existing account; (3) requesting modification to service levels; (4) submitting billing information and inquiries; and (5) identifying the next service date (when the collection date is impacted by a Designated Holiday or other schedule change).

Customer service shall be ADA compliant. The Contractor’s website, mobile applications and customer service telephone line shall be ADA compliant.

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6.2.3 CUSTOMER COMPLAINTS, INQUIRIES AND SERVICE REQUESTS Contractor shall maintain a Customer Relationship Manager (CRM) system to record and maintain records of all customer complaints, inquiries, and service requests received including by telephone, voicemail, e-mail, text, written, in person or any other communication media. The record for each incident shall include the date and time of the incident, name, address and telephone number of caller, description of the compliant, inquiry or request, employee recording incident, and the action taken by Contractor to respond and remedy the incident. Contractor shall also record each instance of non-collection and the form of notification used to inform the participants of the reasons for non-Collection and the end result or means of resolution of the incident.

All written Customer correspondence shall be recorded into the CRM system when received and shall be initially responded to within one (1) business day (excluding Saturday, Sunday, and Designated Holidays) of receipt. Contractor shall use best efforts to resolve complaints within two (2) business days.

Service complaints received by City will be directed to Contractor. All forwarded complaints shall be recorded into the CRM system.

All Customer service records and logs kept by Contractor shall be available to City upon request.

City shall, at any time during regular Office Hours, have access to Contractor's Customer service department for purposes that may include monitoring the quality of Customer service or researching Customer complaints.

6.2.4 CUSTOMER SERVICE STANDARDS
Customer care is among the most important aspects of the services to be required of the Contractor. Contractor shall perform customer service at a level that can be measured by the following standards:

A. Reserved
B. Commercial. The number of complaints for Contractor’s failure to meet its obligations under this Agreement in any one month shall not exceed 2.5% of the number of commercial customers served. For example, if 300 commercial accounts are served, any compliant above 8 in any given month will be considered a separate violation of this Agreement.

C. Call Center Capacity. Contractor must maintain sufficient telephone capacity during normal office hours to ensure that all calls will be answered in less than an average of thirty (30) seconds. Calls will be answered in less than an average of thirty (30) seconds, and thereafter will not be placed on hold longer than an average of one (1) minute before talking to a customer service representative of the Contractor. This standard must be measured monthly, and the Contractor shall not exceed this standard or it will be considered a separate violation of this Agreement. Contractor shall ensure that all incoming calls are answered courteously and promptly during the office hours stated above.

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Diamond Bar – WM 61 Franchise Agreement for Solid Waste Services D. Service Standard Tracking. Contractor shall track complaints and call response time and hold requirements and include results in its monthly report to the City. In any 12-month period, accumulation by the Contractor of four or more separate customer service violations shall be deemed a material breach of this Agreement and shall subject Contractor to all remedies which are available to the City under this Agreement or otherwise. A violation is one month in which the number of complaints exceeds the maximum permitted under Section 6.2.4(B) or one calendar quarter in which fewer than 90% of calls placed by the City and its Customers to Contractor are answered by a live customer service representative in less than an average of one minute and thirty seconds as required in Section 6.2.4(C).

E. Customer Courtesy. Contractor shall train its employees in Customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. If any employee is found to be discourteous or not to be performing services in the manner required by this Agreement, Contractor shall take all necessary corrective measures including, but not limited to, transfer, discipline or termination. If City has notified Contractor of a complaint related to discourteous or improper behavior, Contractor will consider reassigning the employee to duties not entailing contact with the public while Contractor is pursuing its investigation and corrective action process.

6.2.5 RESOLUTION OF CUSTOMER COMPLAINTS
Disputes between Contractor and its Customers regarding the services provided in accordance with this Agreement may be resolved by the City. The City's decision shall be final and binding.

Intervention by the City is not a condition precedent to any rights or remedies third parties might otherwise have in any dispute with Contractor. Nothing in this section is intended to affect the remedies of third parties against Contractor. To the extent that remedies are warranted through this Agreement, this section shall apply.

6.2.6 EMERGENCY CONTACTS
Contractor shall provide the Contract Administrator with a twenty-four (24) hour emergency phone number to a live person, not a voicemail, where the Contractor can be reached.

6.2.7 MULTI-LINGUAL, TDD SERVICES
Contractor shall at all times maintain the capability of responding to telephone calls in English, Mandarin, and Korean, and such other languages as City may direct. Contractor shall at all times maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf (TDD) Services. These capabilities shall be maintained for both the local telephone number and the emergency telephone number.

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6.3 CUSTOMER OUTREACH AND EDUCATION
The Contractor shall be responsible for Customer outreach and education. Contractor shall develop and implement outreach and education material that describes and promotes the Contractor’s Solid Waste Services that are available to Customers and that addresses the requirements of AB 939, AB 341, AB 1826, and SB 1383 Diversion mandates.

Contractor agrees to take direction from City to expand Customer knowledge concerning needs and methods to reduce, reuse and Recycle Solid Waste and to cooperate fully with City in this regard.

All materials produced by Contractor relating to services provided under this Agreement, including, but not limited to: print, radio, television, or internet media before publication, distribution, and/or release, shall be approved by Contract Administrator prior to being printed for distribution. A draft of all text and illustrations shall be provided to Contract Administrator at least two (2) weeks in advance of production of the final document. Comments provided by the Contract Administrator shall be reasonably incorporated, and the final version of the text and illustrations shall be acceptable to both City and Contractor. Printed materials shall be printed on recycled content paper consistent with SB 1383.

All of Customer education materials shall be produced and/ or available in English, Mandarin, and Korean languages, including pictures wherever applicable.

6.3.1 ON-GOING EDUCATION REQUIREMENTS
Contractor will provide a minimum of the following Customer education items to be developed at Contractor’s expense and distributed as indicated below:

A. Initial Mailing. Contractor will prepare and mail an initial mailing to Customers explaining the transition from the existing Collection program to the new program under this Agreement. The mailing will describe program changes, route changes, dates of program implementation, and other necessary information.

B. How-To Instructional Packet. Contractor will prepare and distribute an Instructional Packet to new Customers when they start service. At a minimum, packet should include the following information.
• Description of available services,
• Explanation of when, where, and how to place Containers for Collection, • Explanation of which materials should be placed in each Container, • Service phone number and who to contact with service or billing questions. • Designated Holidays
C. Container Labels and Instructions. All Containers shall be labeled in accordance with CalRecycle requirements under SB 1383 Regulations throughout the term of this Agreement.

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Diamond Bar – WM 63 Franchise Agreement for Solid Waste Services Contractor will place stickers and/or hot stamp, Recyclable and Organics Carts, and will place stickers on Bins and Roll-Off Boxes to demonstrate to Customers which materials are and are not acceptable for placement in each Container. Stickers shall be replaced when materials change or as labels become worn. Markings shall be written in English, Mandarin, and Korean.

D. Annual Brochure/Mailing. Not less than once per year during each Rate Year, Contractor shall prepare and distribute to each Customer a mailing to update Customers regarding program basics, program changes, holiday schedules and other services related information.

Mailings should promote and explain: all Solid Waste programs offered by City and Contractor (such as Recycling, Organics, Holiday Tree, Bulky Item Collections, and FreeCycle. com) described in detail; the environmental, regulatory, and other benefits of participating in Recycling; how to properly Dispose of Household Hazardous Waste such as syringes, paint, etc.; Collection schedules, including holiday schedules; Customers service numbers; and the procedures to begin and terminate services (if moving from Premises).

The mailing shall also include all information required in 14 CCR Section 18985.1(a), including but not limited to the requirements on:
• Information on Organic Waste Generator’s requirements to properly separate materials in appropriate containers.
• Information on methods for the prevention of organic waste generation, recycling organic waste on-site, sending organic waste to community composting, and any other local requirements regarding organic waste.
• Information regarding the methane reduction benefits of reducing the Landfill Disposal of Organic Waste, and the methods of Organic Waste recovery Contractor uses. • Information regarding how to recover organic waste.
• Information related to public health and safety and environmental impacts associated with the Landfill Disposal of Organic Waste.
• Information regarding programs for the donation of Edible Food. • Information regarding self-hauling requirements. Contractor will update and maintain its website to include all information covered in outreach materials; as well as the multifamily recycling instructional materials to be utilized by property owners, Front-of-house container labels, and links to the City’s information about Edible Food donation and selfhaul.

This brochure shall be at least four (4) pages and printed in full color. Contractor is responsible for all associated costs.

E. Billing Inserts. City may require Contractor to insert notices in Contractor’s Billings up to four (4) times per year. City may instruct Contractor to prepare such notices at Contractor’s

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Diamond Bar – WM 64 Franchise Agreement for Solid Waste Services expense, or may choose to provide such notices for insertion. Additionally, City may periodically request that Contractor include informative language directly on the invoices it sends.

F. Second Annual Mailer. Not less than once per year during each Rate Year, Contractor shall prepare and distribute to each Customer a one (1) page, double-sided mailer printed in full color. City and Contractor shall meet and confer to determine the subject matter of mailer.

Contractor is responsible for all associated costs. The method of delivery to Customers is at the City' s discretion.

F. Corrective Action Notice. Contractor shall develop a corrective action notification form for use in instances where a Customer sets out unacceptable materials for Collection, that explains the correct manner for Disposal of such items.

G. Technical Assistance. Contractor is responsible for providing technical assistance to Customers to promote participation in the Diversion programs included in this Agreement, and future regulatory requirements. Contractor may utilize the services of a consultant to provide these services upon approval by the City.

H. Website. The Contractor shall develop and maintain a website dedicated to services provided in the City that is accessible by the public. The web site shall include answers to frequently asked questions; holiday schedules; rates for Collection services; acceptable materials and by waste stream (Recyclables, Organics, and Refuse); proper Household Hazardous Waste Disposal procedures; other useful information, as well as informing Customers how to Contact Contractor. The Contractor’s website shall provide the public with the ability to e-mail complaints to the Contractor and request services or service changes. (see Section 6.2.2)

6.3.2 RESERVED

6.4 AB 341, AB 1826, AND SB 1383 COMPLIANCE
Contractor shall ensure the City's compliance with AB 341, AB 1826, and SB 1383 Regulations by implementing the planned tasks, procedures, and proposed staffing assignments required by this Agreement including those described in this Section 6.4.

Contractor shall provide a comprehensive, ongoing education and outreach program to promote Recycling and Organics Recycling programs at Commercial and Multi-Family Premises. Throughout the term of the Agreement, Contractor will monitor the effectiveness of existing public education and outreach programs and identify and develop new outreach as necessary to meet State diversion targets.

Contractor’s implementation of Commercial Recycling and Organics programs will be supported by a dedicated SB 1383 regulatory team specializing in policy, regulatory compliance, SB 1383 program development and reporting. The team will monitor SB 1383 Regulations requirements, overall compliance trends and changes directed by Cal Recycle and will meet regularly with the City to review progress and advise on emerging issues and challenges. Contractor’s SB 1383 regulatory team shall consist of the following personnel.

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Diamond Bar – WM 65 Franchise Agreement for Solid Waste Services • Christine Wolf, Director, Government Affairs
• Brian Bowen, Senior Regulatory Manager
• Brad Cea, SB 1383 Consultant
• Katy Wong, Marketing Project Manager

6.4.1 ENROLLMENT OF NON-COMPLIANT CUSTOMERS
Contractor representative will contact, by telephone, by written correspondence in the form of an email, or by letter, and via in-person meetings, all Multi-Family and Commercial Customers not subscribing to Recycling or Organics Collection service as required by State regulation.

Correspondence to the Customer will include educational material regarding the regulations and provide information on how Contractor can assist Customer to become SB 1383 compliant.

Contractor representative shall assist customers with selecting appropriate Containers and Container sizing, identifying acceptable Recyclables and Organics for Collection, and attempting to resolve any logistical detriments to providing Recyclables and Organics Collection service.

Contractor shall provide a written proposal to each AB 341 and AB1826/SB 1383 non-compliant Commercial Customer annually. A proposal template shall be approved by the City prior to initiation of services under this Agreement.

The proposal shall provide:
1) Pricing for implementing Recycling and Organics service and reducing or ‘right-sizing’ refuse service to account for materials Diverted through the Contractor provided programs.
2) A proposed start date for the implementation of new Recycling services. 3) A description of the requirements of AB 341 and AB 1826/SB 1383 and any relevant City ordinances,
4) A plan for training staff and/or residents; and any other components as directed by the City.

Electronic copies of all service proposals from site visits that have been submitted to a Customer shall be provided to the City in an electronic storage format acceptable to the City, such as a cloud-based file sharing system that can be accessed by the City or its representatives.

If a Customer rejects the proposal from the Contractor or does not provide a response within 30 days of the Contractor submitting the proposal, and, after at least three documented attempts by the Contractor to follow-up with the Customer, the Customer continues to be non-responsive, the Contractor may refer the Customer to the City for Enforcement Action.

Such a referral to the City by the Contractor for non-compliant accounts must include 1) A written summary and timeline of the actions taken by the Contractor to implement an AB 341 and AB 1826/SB 1383-compliant program.
2) A copy of the written proposal submitted to the Customer by the Contractor; and 3) Any written correspondence from the Customer to the Contractor.

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Diamond Bar – WM 66 Franchise Agreement for Solid Waste Services If, after the City begins enforcement proceedings against the Customer, the Customer agrees to comply and implement an AB 341 and AB 1826/SB 1383 compliant program, the City will notify the Contractor of the Customer’s willingness to comply and the Contractor will coordinate with the Customer to implement an AB 341 and AB 1826/SB 1383 compliant program.

Contractor will report all Customers that have service levels within the thresholds of AB 341 on reporting forms provided by the City on a monthly basis. The report will document whether the Customer receives Recycling service from the Contractor, self-recycles, or receives Recycling from a third party. Any internal Recycling programs or third-party recycling programs that the Contractor encounters while conducting Customer site visits shall be documented using a Cityapproved electronic reporting form and provided in an electronic format such as a cloud-based file-sharing system that can be accessed by the City or its representatives.

6.4.2 ON-GOING ON-SITE TRAINING
All Organics Recycling participants shall receive ongoing, on-site training from Contractor for management, kitchen staff, service employees, janitors, etc. Annually, Contractor will create and distribute a letter to all Customers that are enrolled in the Contractor’s Organics Recycling program to offer re-training services, printed collateral such as signage and posters, and general technical assistance. Additional materials may include instructional posters, brochures, educational presentations, bin signage, enclosure signage, stickers to be attached to internal recycling receptacles, or other formats as mutually agreed to between City and Contractor. All outreach materials must be submitted for review and approval by City prior to distribution.

Contractor shall provide a report, on City-approved forms, to the City noting the time, Customer contact, name of Contractor’s staff that contacted the Customer, and result of each meeting and, if the Customer will not agree to a meeting, provide the time of contact, Customer contact name and number, and reason for not accepting a meeting. Reports will be updated on a monthly basis and submitted with Contractor monthly reports to the City.

6.4.3 SB 1383 DASHBOARD
Contractor shall develop an SB 1383 Dashboard to manage customer compliance. The Dashboard will aggregate key data points from various systems, including customer service levels, any waivers previously granted by the City, or other mitigating compliance factors, such as internal third-party recycling programs. Contractor shall provide a list of customers not subscribing to recycling and/or organics service to the City annually.

6.4.4 ROUTE REVIEWS
Contractor shall conduct route reviews for prohibited container contaminants on randomly selected Collection routes annually in compliance with the requirements of SB 1383 Regulations Section 18984.5 (b). Containers may be randomly selected along a Collection route. Contractor shall report to the City any instances of contamination and actions taken, as well as the methodology utilized for the route review in such form and format as is needed by the City for reporting to CalRecycle. Every container on a Collection route does not need to be sampled

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Diamond Bar – WM 67 Franchise Agreement for Solid Waste Services annually. Contractor shall distribute contamination notices complying with education and notification requirements of SB 1383 Regulations Section 18995.1 (a) (4) subject to City preapproval.

6.4.5 WASTE STREAM AUDITS
Contractor will conduct annual waste stream audits to determine quantities of refuse, recyclables, and organics generated by Customers and to assist Customers in ‘right-sizing’ their collection levels.

6.4.6 EXEMPTION/WAIVER ASSISTANCE
Commercial Premises may be granted a waiver by City from recycling, organics recycling for reasons of self-hauling, alternative arrangements, de minimis generation, or space limitations as may be specified in City and State regulations. Contractor shall cooperate by evaluating requests for exemption/waiver from SB 1383 Regulations requirements and providing the City periodic recommendations for exemption/waiver approval, including a site visit and re-evaluation at least every five years as required by regulations. City shall provide Contractor with a record of each granted waiver, and Contractor shall enter each waiver into Contractor’s Customer file.

6.4.7 EDIBLE FOOD RECOVERY
Contractor shall assist City with its Edible Food Recovery program by reporting new Commercial Customers and providing Commercial Customers with information about the program.

Within ninety (90) days of the Effective Date of this Agreement, Contractor shall provide City information regarding new Commercial customers classifying them as Tier One and Tier Two Commercial Edible Food Generators including Customer name, service address, contact information, Tier One or Tier Two classification, and type of business. Annually, Contractor shall provide City with an updated report identifying Tier One and Tier Two Commercial Edible Food Generators.

Contractor will create customized educational materials that highlight how and where the City of Diamond Bar community can participate in edible food recovery and donation. Contractor’s recycling and sustainability manager will serve as liaison between the commercial customers and food recovery organizations to support a successful food recovery program in the City.

6.4.8 PROCUREMENT OF RECOVERED ORGANICS WASTE PRODUCTS
Contractor shall ensure sufficient capacity of California recovered organics waste products to meet the mandatory procurement requirements for jurisdictions contained in SB 1383 Regulations, as may be amended, during the term of this Agreement including Agreement extensions granted by the City as provided in this section.

Contractor shall procure sufficient compost, mulch, and/or renewable natural gas to meet forty percent (40%) of the City’s per capita requirement contained in SB 1383 Regulations. Contractor

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Diamond Bar – WM 68 Franchise Agreement for Solid Waste Services shall provide assurance through the execution of a liability waiver stating that all organic waste products provided by the Contractor and used within the City are free from pathogens and inorganic waste material that may be harmful to the health and welfare of the City. The Contractor shall indemnify and hold harmless the City against any claims arising from contaminated recovered organic waste products provided by the Contractor as set forth in Section 11.1. Contractor may meet this obligation by one or a combination of the following activities:
1) Bulk Compost and/or Mulch Reserved for Jurisdiction. Contractor shall make available Compost or Mulch for use in City parks and facilities at no cost to the City. Contractor will work closely with City staff to assist with providing compost/mulch material for the City’s own facility needs.
2) Procurement Credits. Contractor will secure procurement credit for the City to meet SB 1383 Regulations purchasing requirements through the sale of material on behalf of the City. The transaction will be handled entirely, at its sole expense, by Contractor on the City’s behalf, and documented to meet Cal Recycle reporting requirements with no liability to the City.
3) Use of Renewable Natural Gas in Collection Vehicles.

6.4.9 EDUCATION & OUTREACH FOR AB 341, AB 1826, AND SB 1383 DIVERSION Contractor will incorporate education regarding Recyclables and Organics Collection and the State requirements into materials produced under Section 6.3 and will develop its own Recycling and Organics-specific instructional materials for use in educating participating Customers including the following.
1) Community Workshops. The Contractor’s Recycling and Sustainability Manager will host community workshops to discuss recycling programs and services and offer an opportunity for customers to ask questions and receive answers in-person. The workshops will cover State mandates, recycling programs, and information about services provided by Contractor. At the inception of the Agreement, Contractor will conduct as many workshops as needed with a minimum of bi-annual meetings for the term of the Agreement.

Contractor will work with the local Chamber of Commerce and other civic groups and service organizations to conduct presentations to the business community about State mandates (AB 341, AB 1826, SB 1383), the benefits of recycling services and available services and programs.
2) HOAs/Property Manager Meetings. Contractor’s Recycling and Sustainability Manager will attend HOA meetings and work closely with HOA’s and property management representatives to reach multi-family tenants directly by using the property’s communication channels such as newsletters, email system, etc. to ensure that tenants are receiving recycling communication.

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Diamond Bar – WM 69 Franchise Agreement for Solid Waste Services 3) Professional How-To Videos. Contractor shall produce how-to videos that address relevant topics to educate customers on how correctly sort out materials into the correct containers and to support good recycling habits. Contractor will have How-To videos at the inception of the agreement and will continue to develop additional videos throughout the term of the Agreement.

ARTICLE 7: FRANCHISE FEE, CALRECYCLE COMPLIANCE FEE, VEHICLE

IMPACT FEE, AND OTHER FEES
In addition to any other consideration set forth herein, as part of its consideration for entering into this Agreement, and for the exclusive Franchise, right and privilege to provide Solid Waste Services as specified herein, Contractor shall provide the following:

7.1 FRANCHISE FEE
Contractor shall pay the City a Franchise Fee of One-Hundred Twenty-Three Thousand dollars ($123,000) annually as adjusted herein.

The Franchise Fee shall be paid in monthly installments over the course of each Rate Year. The initial monthly payment shall be Ten-Thousand Two-Hundred Fifty dollars ($10,250) due under the terms of Section 7.6. The foregoing notwithstanding, beginning with Rate Year 2 (July 1, 2026) and for all subsequent Rate Years, the amount of the Franchise Fee shall be adjusted annually in an amount equal to the percentage increase in the Consumer Price Index for the Los Angeles-Long Beach-Anaheim Metropolitan Area, all urban consumers, not seasonally adjusted, for the twelve (12) month period ending December (CPI). If there is no increase in the CPI or if the CPI decreases, the Franchise Fee shall remain unchanged from the previous Rate Year.

Contractor and City agree that this Franchise Fee was set through good faith negotiations and represents the reasonable value of the public right-of-way franchise rights granted to Contractor under this Agreement and is a cost paid solely by the Contractor. Invoices submitted to Customers by Contractor shall not reference the Franchise Fee.

7.2 CALRECYCLE COMPLIANCE FEE
Contractor shall pay to the City a CalRecycle Compliance Fee of Three-Hundred Seventy-Five Thousand dollars ($375,000) annually as adjusted herein. The CalRecycle Compliance Fee amount represents a reasonable allocation of the City’s budgeted costs to comply with State mandates resulting from the enactment of AB 939 and subsequent related legislation including, but not limited to: AB 2176 (Chapter 879, Statutes of 2004), SB 1016 (Chapter 343, Statutes of 2008), AB 341 (Chapter 476, Statutes of 2011), AB 1826 (Chapter 727, Statutes of 2014), SB 1383 (Chapter 395, Statutes of 2016) and SB 1383 Regulations, which require jurisdictions to implement solids waste Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct

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Diamond Bar – WM 70 Franchise Agreement for Solid Waste Services enforcement, and fulfill other requirements. Invoices submitted to Customers by Contractor shall not reference the CalRecycle Compliance Fee.

The CalRecycle Compliance Fee shall be paid in monthly installments over the course of each Rate Year. The initial monthly payment shall be Thirty-One Thousand Two-Hundred Fifty dollars ($31,250) due under the terms of Section 7.6. The foregoing notwithstanding, beginning with Rate Year 2 (July 1, 2026) and for all subsequent Rate Years, the amount of the CalRecycle Compliance Fee shall be adjusted annually to reflect increases in the CPI, as defined in Section 7.1. If there is no increase in the CPI or if the CPI decreases, the CalRecycle Compliance Fee shall remain unchanged from the previous Rate Year.

7.3 RESERVED

7.4 RESERVED

7.5 CONTRACTING FEE
Contractor shall make a one-time lump sum payment of One Hundred Thousand Dollars ($100,000) within seven (7) Business Days of execution of this Contract to reimburse the City for costs it incurred in connection with entering into this Agreement.

7.6 TIME AND METHOD OF FEE PAYMENTS TO THE CITY
On or before the thirtieth (30th) day month following the end of calendar month, during the Term of this Agreement, Contractor shall remit to City The Franchise Fee and the CalRecycle Compliance Fee as described in section 7.1 through 7.2.

The fee payments shall be submitted with an itemized statement identifying the amount of each fee. If the fees are not paid to the City on or before the thirtieth (30th) day following the end of the calendar month, Contractor shall pay to City a penalty in an amount equal to ten percent (10%) of the amount of each delinquent fee, or portion thereof, owing for that month. Contractor shall pay an additional ten percent (10%), on any unpaid balance for each following each thirty (30) day period the fees remain unpaid. Late payment penalties shall not be included in any revenue requirement.

ARTICLE 8: RECORDS, REPORTS AND INFORMATION REQUESTS

8.1 GENERAL
Contractor shall maintain such accounting, statistical and other records related to its performance under this Agreement as shall be necessary to develop the financial statements and other reports required by this Agreement. Also, Contractor agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with Applicable Laws and regulation and to meet the reporting and Solid Waste program management needs of City. To this extent,

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Diamond Bar – WM 71 Franchise Agreement for Solid Waste Services such requirements set out in this and other Articles of this Agreement shall not be considered limiting or necessarily complete. In particular, this Article is intended to only highlight the general nature of records and reports and is not meant to define exactly what the records and reports are to be and their content. Further, with the written direction or approval of City, the records and reports to be maintained and provided by Contractor in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency.

8.2 RECORDS

8.2.1 GENERAL
Contractor shall maintain records required to conduct its operations, to support requests it may make to City, and to respond to requests from City in the conduct of City business. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft, and earthquake. Electronically maintained data/records shall be protected and backed up. All records shall be maintained for five (5) years, and shall continue to be available for five (5) years after the expiration of this Agreement. After minimum holding periods are met, Contractor will notify City 90 days before destroying records and offer records to the City.

City shall have the right to inspect or review the specific documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Contractor or its Affiliates that City shall deem, in its sole discretion, necessary to evaluate annual reports, and Contractor' s performance provided for in this Agreement.

Contractor agrees that the records of any and all companies conducting operations addressed in the Agreement shall be provided or made available to City and its official representatives during normal business hours. Account histories shall be accessible to the City by computer for a minimum of five (5) years after termination of the Agreement.

Contractor shall make all records and documents to be reviewed and inspected by City as a part of any audit or other record review conducted by City, available for City' s review, inspection and copying within five (5) days of receiving written notice from City requesting the same.

Additionally, City may review records at Contractor' s local facility during normal business hours, within five (5) days of request during normal business hours. Such records include, but are not limited to, financial, Solid Waste, CERCLA and Disposal records.

8.2.2 FINANCIAL RECORDS
Contractor shall maintain financial records and expense and revenue information pursuant to its operations pursuant to this Agreement shall be segregated from other areas served by Contractor.

Contractor shall maintain at least the following records:

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Diamond Bar – WM 72 Franchise Agreement for Solid Waste Services • Audited financial statements for Contractor or, if a guarantee was provided, for the parent company guarantor as a whole;
• Financial statements (compiled, reviewed, or audited) of revenue and expense for this Agreement segregated from the other operations of Contractor (including without limitation those operations of Contractor in City and surrounding jurisdictions which are not covered by this Agreement), including a description of segregation methodology; and, • Complete descriptions of related party transactions (corporate and/or regional management fees, inter-company profits from Transfer, Processing or Disposal operations and supporting data).

8.2.3 SOLID WASTE RECORDS
Contractor shall maintain and make available to the City upon request the following records relating to its operations pursuant to this Agreement:

A. Customer services, billing, and City payment records; B. Tons Collected, Processed, Diverted, and Disposed by waste stream (Refuse, Recycling, Organics), by Customer type (Multi-Family, Commercial, and Roll-Off Box), and facilities (Transfer Station, MRF, Organic Material Processing Facility, Transformation Facility or Landfill) where such material was taken (Multi-Family versus Commercial tonnage may be estimated based upon Container distribution or other method approved by City); C. Quantity of Recyclable Materials recovered by material type; D. Bulky Item, results including tons Disposed and Diverted; E. Special Events tons including tons Disposed and Diverted; F. Routes;
G. Facilities, equipment and personnel used;
H. Facilities and equipment operations, maintenance and repair; I. Number of Refuse, Recycling and Organics Containers in service; J. Complaints; and,
K. Missed pickups.

Contractor shall maintain copies of said Billings and receipts, each in chronological order, for a period of five (5) years after the date of service and shall make said documents available for inspection by City upon request. Contractor may, at its option, maintain those records in computer form, on microfiche, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification in a timely manner, are sufficient to verify accuracy of any Fees owed to the City, and may be produced in a form and manner sufficient to establish the existence of Customer obligations in a court of competent jurisdiction.

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8.2.4 CERCLA DEFENSE RECORDS
City views the ability to defend against the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), State Hazardous Substance Law, and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where Solid Waste Collected in the City was taken for Disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems which can establish where Solid Waste Collected in the City was Landfilled (and therefore establish where it was not Landfilled) and provide a copy or summary of the reports required in Section 8.3 for five (5) years after the term during which Collection services are to be provided pursuant to this Agreement, or to provide copies of such records to City.

Contractor agrees to notify City’s Manager and City Attorney before destroying such records and to offer records to the City. This provision shall survive the expiration of the period during which Collection services are to be provided under this Agreement.

8.2.5 OTHER PROGRAMS’ RECORDS
Records for other programs shall be tailored to specific needs. In general, they shall include:

A. Plans, tasks, and milestones; and,
B. Accomplishments in terms such as dates, activities conducted, quantities of products used, produced, or distributed, and numbers of participants and responses.

8.2.6 AUDIT
City may conduct an audit of Contractor at any time. The scope of the audit, and auditing party, will be determined by City and the scope may include, but is not limited to:

A. Extraordinary rate adjustment request;
B. Compliance with terms of this Agreement;
C. Customer service levels and Billing;
D. Fee payments;
E. Gross Receipts;
F. Tonnage;
G. Complaint log;
H. Compliance with Mandatory Commercial Recycling, Mandatory Commercial Organics, and SB 1383 Regulations; and
I. Verification of Diversion rate.

The first audit, to be performed during calendar year 2027, will be based on the Contractor' s reports and records from the start of the Agreement through calendar year 2026. Audits may be performed every third year thereafter (the triennial audit) and will be based on the period from

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Diamond Bar – WM 74 Franchise Agreement for Solid Waste Services the end of the previous audit through the end of the calendar year before the year in which the audit is to be performed.

Contractor will reimburse the City the cost of such audits (including audits conducted by City staff) as shown in the following table.

Audit Performed Audit Amount
2027 $90,000
2030 $98,000
2033 $108,000
Audit payments from the Contractor to the City are due January 1 of the year the audit is being performed.

Should the Agreement be extended beyond the extension terms as described in Section 2.5, the audits shall continue every third year, and each additional audit amount shall be increased by tenthousand dollars ($10,000) per audit period for audits conducted after 2035.

Should an audit conducted or authorized by the City disclose that Franchise or other fees payable by the Contractor were underpaid by two percent (2%) or more, or that tonnage was misreported by 2% or more, or that more than 2% of the Customers were inaccurately billed, for the period under review, City may expand the scope of the audit and Contractor shall pay for additional audit costs.

8.2.7 PAYMENTS AND REFUNDS
Should an audit by the City disclose that any of the City fees payable by the Contractor were underpaid or that Customers were overcharged for the period under review, Contractor shall pay to City any underpayment of City fees and/or refund to Contractor's Customers any overcharges within sixty (60) days following the date of the audit. Contractor shall pay interest to the City for any underpayment or overcharges at an annual rate of 6%. Undercharges shall not be billed in arrears for more than ninety (90) days of service, with any remaining undercharges absorbed by Contractor. Should an audit disclose that fees were overpaid, City shall credit such amounts against future fees payable by Contractor with interest of 6%.

8.3 REPORTS
The parties acknowledge that City will require reporting by Contractor at various intervals by which information important to City can be compiled and analyzed. Throughout the Term the parties agree to work together to address City's needs with respect to the information to be contained in reports prepared by Contractor. The following is intended as a starting point in order to have established an objective baseline for reporting, but the frequency and content of

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Diamond Bar – WM 75 Franchise Agreement for Solid Waste Services the reports called out below may be changed by agreement of the parties, provided any such change is approved by the City Manager in writing. Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed.

Reports are intended to compile recorded data into useful forms of information that can be used to, among other things:
• Determine and set rates and evaluate the efficiency of operations; • Evaluate past and expected progress toward achieving AB 939 goals and objectives; • Provide concise and comprehensive program information and metrics for use in fulfilling reporting requirements under Applicable Law;
• Determine needs for adjustment to programs; Determine Customer compliance with AB 341, SB 1826, SB 1383 Regulations, and any subsequent State-mandated Recycling requirements;
• Evaluate Customer service and complaints.

The minimum report format is included as Exhibit 7. Contractor may propose additional report formats that are responsive to the objectives and audiences for each report. The format of each report requires approval by City. The Contractor agrees to submit all reports by electronic means in a format compatible with City’s software/computers at no additional charge, if requested by City. Contractor will provide a certification statement, under penalty of perjury, by an authorized Contractor official, that the report being submitted is true and correct.

Monthly reports shall be submitted within 30 calendar days after the end of the reporting period.

Annual reports shall be submitted within sixty (60) days following the reporting year. If requested, Contractor’s complaint summary, shall be sent to the Contract Administrator within five days of request.

All reports shall be submitted electronically and in an electronic format compatible with City’s software/computers, at no additional charge, to City Manager and / or other City staff designated by the City Manager at e-mail addresses to be provided by City. City may additionally request hard copies, which would be delivered to:

City Manager (or designated representative)
City of Diamond Bar
21810 Copley Driver
Diamond Bar, CA 91765

8.3.1 MONTHLY REPORTS
A. Solid Waste Collected by Contractor for each month, sorted by type of Solid Waste (Refuse, Recyclable and Organic Materials) and type of Customer ( Commercial or Roll-Off Box Service) in tons, and the facilities where the tons were Processed or Disposed. Bulky Waste items shall be reported as a separate line item. This report is to be submitted in Microsoft Excel, or another software as requested by City.

B. Diversion level for each month and the cumulative year-to-date Diversion level, where

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Diamond Bar – WM 76 Franchise Agreement for Solid Waste Services Diversion level shall be calculated as: (Discarded Materials Collected- Solid Waste Collected –Residue Disposed) / Discarded Materials Collected.

C. Summary of Customer subscription data, including the number of accounts.

D. Number of waivers reviewed and reverification inspections performed.

E. Number of warning notices issued for contaminated Recyclable and Organics Containers, and tags or notifications for Excluded Waste improperly placed for Collection in accordance with Sections 3.3.10 and 4.1.13(A).

F. Narrative summary of problems encountered and actions taken with recommendations for City, as appropriate.

G. Customer complaint logs as described in Section 6.2.3.

H. Number of route reviews conducted.

I. Copies of promotional and public education materials sent during the quarter.

J. Record of the date and to whom the promotional and public education material was disseminated. For any mass distribution through mailings or bill inserts, provide a record of the date, the type and number of accounts that received the information.

K. Commercial recycling and organics site visits summary, including the name and address of Customer, the date of the visit and the contact name and phone number, demonstrating that the required visits have been made, and reason provided for not establishing a recycling or organics program, in accordance with Sections 6.4. The site visit summary will be completed on forms approved by the City.

L. List of Customers that are required to participate in an Organics Recycling program per Public Resources Code Section 42649.81.

M. List of Commercial and Multi-Family Premises Customers that do and do not participate in an Organics program, whether the Organics program is provided by Contractor or another party, and whether the program is for Food Waste and/or Yard Waste (such as a landscaper that composts or otherwise Diverts Organic Materials).

N. Commercial and Multi-Family Customers participating in food recovery programs.

O. Commercial and Multi-Family Customers using third-party recycling.

P. Additional information that may be requested by CalRecycle or City related to Recycling and Organics programs.

8.3.2 ANNUAL REPORTS
The Annual Report is to be essentially in the form and content of the monthly reports combined, but shall also include:

A. A complete inventory of equipment used to provide all services (such as vehicles and Containers by size and waste stream type Container is used for).

B. Results of route audits.

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Diamond Bar – WM 77 Franchise Agreement for Solid Waste Services C. Number of routes and route hours per day by type of service.

D. Copy of Hazardous Waste Diversion records showing types and quantities, if any, of Hazardous Waste that was inadvertently Collected, but Diverted from Landfill Disposal.

E. Copies of all public education and outreach distributed during the reporting year including the date of distribution.

F. A narrative summary of all City-sponsored, civic, and school events attended.

G. Copies of invoices documenting the amount of RNG used to provide services in the City. If routes are commingled with other jurisdictions, Contractor must use an allocation method to quantify the City’s allocated amount.

8.3.4 FINANCIAL REPORTS
The City may, at City’s option, request the Contractor's audited financial reports/statements (or parent company, if parent company submits Corporate Guaranty of Performance), and Contractor’s internally prepared supplemental statement of income and expenses related specifically to the City Diamond Bar operations, for the most recently completed fiscal year in connection with an extraordinary rate adjustment request, billing audit, Franchise Fee audit, or verification of other information required under this Agreement.

The financial statements and footnotes shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) and audited, in accordance with Generally Accepted Auditing Standards (GAAS) by a certified public accountant (CPA) licensed (in good standing) to practice public accounting in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The cost for preparation of the financial statements and audit shall be borne by Contractor as a direct cost of service. In addition, Contractor shall provide to City the supplemental schedule on a compiled basis showing Contractor's results of operations, including the specific revenues and expenses in connection with the operations provided for in this Agreement, separated from others included in such financial statements.

8.4 REPORTING ADVERSE INFORMATION
Contractor shall provide City two copies (one to the Contract Administrator, one to the City Attorney) of all reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Contractor’s performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, CalRecycle, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court. Copies shall be submitted to City simultaneously with Contractor’s filing or submission of such matters with said agencies. Contractor’s routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City promptly upon City’s written request.

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8.5 RIGHT TO INSPECT RECORDS
City shall have the right to inspect or review the specific documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Contractor or its related party entities that City shall deem, in its reasonable discretion, necessary to evaluate annual reports, compensation applications provided for in this Agreement and Contractor's performance provided for in this Agreement. Contractor shall make all records and documents to be reviewed and inspected by the City as a part of any audit or other record review conducted by the City, available for the City’s review, inspection and copying within five business days (excluding Saturday, Sunday and Designated Holidays) of receiving written notice from the City requesting the same.

8.6 FAILURE TO REPORT
The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement, the Diamond Bar City Code, or otherwise.

ARTICLE 9: REVIEW OF SERVICES AND PERFORMANCE

9.1 PERFORMANCE REVIEW MEETING
City may hold a meeting annually to review Contractor's Solid Waste Collection efforts, source reduction, Processing and other Diversion services and overall performance under this Agreement (the " Solid Waste Services and Performance Review Meeting"). The purpose of the Solid Waste Services and Performance Review Meeting is to provide for a discussion and review of technological, economic, and regulatory changes in Collection, source reduction, Recycling, Processing and Disposal to achieve a continuing, advanced Solid Waste Collection, source reduction and Recycling and Disposal system; and to ensure services are being provided with adequate quality, effectiveness and economy, and in full compliance with the terms of this Agreement. Topics for discussion and review at the Solid Waste Services and Performance Review Meeting shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, Customer complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding AB 939's goals, regulatory constraints, results of route audits, and Contractor performance. City and Contractor may each select additional topics for discussion at any Solid Waste Services and Performance Review Meeting.

City shall notify Contractor of its intent to hold a Solid Waste Services and Performance Review Meeting at least sixty (60) days in advance thereof. Thirty (30) days after receiving notice from City of a Solid Waste Services and Performance Review Meeting, Contractor shall submit a report

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Diamond Bar – WM 79 Franchise Agreement for Solid Waste Services to City which may contain such information as it wishes to have considered, and shall contain the following:

A. Current Diversion rates and a report on Contractor' s outreach activities for the past year.

B. Recommended changes and/ or new services to improve City' s ability to meet the goals of AB 939 and to contain costs and minimize impacts on rates. A specific plan for AB 939 compliance shall be included.

C. Any specific plans for provision for new or changed services by Contractor.

The reports required by this Agreement regarding Customer complaints shall be used as one basis for review of Contractor' s performance, and Contractor may submit other relevant performance information and reports for consideration at the Solid Waste Services and Performance Review Meeting. In addition to the above, City may request Contractor to submit any other specific information relating to its performance for consideration at the Solid Waste Services and Performance Review Meeting, and any Customer may submit comments or complaints during or before the Meeting, either orally or in writing. Contractor shall be present at and participate in the Solid Waste Services and Performance Review Meeting.

As a result of its findings following any Solid Waste Services and Performance Review Meeting, City may require Contractor to provide expanded or new services within a reasonable time and City may direct or take corrective actions for any performance inadequacies ( although nothing contained in this provision should be construed as requiring City to hold a Solid Waste Services and Performance Review Meeting in order to enforce any rights or remedies it has pursuant to the terms hereof.) Should City require expanded or new services as a remedy for Contractor' s failure to perform its obligations hereunder, no additional compensation shall be due for such services. Otherwise, any new or expanded services required of Contractor shall be subject to the provisions of Section 2. 10.

9.2 PERFORMANCE SATISFACTION SURVEY
If requested by the City, Contractor will create and conduct a Customer satisfaction survey at Contractor' s expense. If City would like to present results at a Solid Waste Services and Performance Review Meeting, City shall notify Contractor of its desire for such a survey at least 90 days in advance of the Solid Waste Services and Performance Review Meeting. The purpose of the survey is to determine Customer satisfaction with current Collection services and Customer service provided by Contractor. The Survey will be distributed to one hundred percent (100%) of the Customers. Contractor shall obtain City' s approval of the survey' s content, format, and mailing list prior to its distribution. City may require that Contractor have Customer responses to the survey returned directly to City. The survey results shall be made available to the City thirty (30) days prior to the Solid Waste Services and Performance Review Meeting.

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Diamond Bar – WM 80 Franchise Agreement for Solid Waste Services ARTICLE 10: CONTRACTOR COMPENSATION AND MAXIMUM SERVICE RATES

10.1 CONTRACTOR COMPENSATION
The maximum approved rates set forth in Exhibit 1, as more fully defined as Contractor Compensation in this Article, shall be the maximum amount that the Contractor may charge Customers, as full, entire and complete compensation due pursuant to this Agreement for all labor, equipment, materials and supplies, fees or surcharges due to the City as applicable, taxes, insurance, bonds, letters of credit, overhead, Disposal, Transfer, Processing, profit and all other things necessary to perform all the services required by this Agreement in the manner and at the times prescribed.

From time to time, Customers may request services for which a rate is not provided in Exhibit 1. In such cases, Contractor shall so advise the Contract Administrator and the Customer and Contractor shall negotiate a rate for the requested services. If agreement cannot be reached, the matter shall be referred to the Contract Administrator for establishment of the rate. Approved rates for requested services shall be included in Exhibit 1 in the next Rate Year.

The Contractor shall impose no other charges for services provided under this Agreement to Customers unless approved in advance in writing by the City Manager.

10.2 INITIAL RATES
The rates beginning September 1, 2025 and ending June 30, 2026 shall not exceed those set forth in Exhibit 1 hereto, unless amended by a written amendment to this Agreement entered into by and between the City and the Contractor. Contractor has reviewed these maximum rates and agrees they are reasonably expected to generate sufficient revenues to provide adequate Contractor Compensation. Unless and until the maximum rates set forth on Exhibit 1 are adjusted, Contractor will provide the services required by this Agreement, charging no more than the maximum rates authorized by Exhibit 1, except as provided herein and in Section 10.3.

10.3 SCHEDULE OF FUTURE ANNUAL RATE ADJUSTMENTS
Beginning with Rates Year starting July 1, 2026 and ending on June 30, 2027 and for all subsequent Rate Years, Contractor may request an annual adjustment to the maximum rates shown in Exhibit 1. The Contractor shall submit its request in writing, to be received by City in Person or via certified mail, by the preceding March 31, and shall be based on the method of adjustment described in Section 10.4. All future adjustments are to be effective July 1 of the same calendar year, following the March 31 submission deadline. The City shall consider a failure to submit a written request by March 31 as Contractor's determination not to seek an adjustment and shall constitute a waiver by Contractor of its right to request such an increase for the subsequent Rate Year. However, the City reserves the right to initiate a rate adjustment in

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Diamond Bar – WM 81 Franchise Agreement for Solid Waste Services instances where the Contractor fails to submit a written rate adjustment request. Adjustment to the maximum rates is subject to the approval of the City Manager.

If an annual adjustment that would have resulted in a rate decrease is not implemented for any reason, the next rate adjustment will be measured based on the change in indices from the last implemented rate adjustment; the intent is to ensure subsequent rate increases shall be offset with any decrease not previously implemented.

Any rate adjustment percentage calculated using the procedure described in Section 10.4 resulting in a rate adjustment percentage greater than 5% in any Rate Year shall be capped at 5%.

Any percentage amount over 5% or portion thereof in any one Rate Year will be carried over into any future Rate Year with a rate adjustment of less than 5%.

10.4 METHOD OF ADJUSTMENTS
Pursuant to Section 10.3, the Contractor may request an adjustment to the maximum rates shown in Exhibit 1 pursuant to the methodology described in Exhibit 2 and subject to review of the City. This Agreement incorporates by reference the Excel worksheet titled “Rate Adjustment Procedure” attached hereto with Exhibit 2. The Contractor agrees that the Excel worksheet shall be an integral part of this Agreement.

10.5 EXTRAORDINARY RATE ADJUSTMENTS
Contractor or City may request an adjustment to maximum rates at reasonable times other than that allowed under Section 10.3 in the event of extraordinary changes in the cost of providing service under this Agreement. Such changes shall not include changes in the market value of Recyclables from the values assumed in Contractor’s Proposal, inaccurate estimates by the Contractor of its proposed cost of operations or change in wage rates or employee benefits not already adjusted in accordance with the annual adjustment pursuant to Section 10.3 and Exhibit 2.

Without limiting the generality of the foregoing, Contractor may request an extraordinary adjustment based on changes in a direct per ton fee incurred or assessed at the Disposal Site or any Designated Facility due to action(s) by any federal, state, or local regulatory agencies after the effective date; a change in Applicable Law that requires additional or new Services or obligations under this Agreement; and any other extraordinary changes in operational costs outside of Contractor’s reasonable control, including increased costs related to fuel and transportation, labor, and Organic Waste or Recyclable Materials market conditions not already adjusted in accordance with the annual adjustment pursuant to Section 10.3 and Exhibit 2.

Contractor shall provide justification to support the need for the adjustment. For each request for an adjustment to the maximum rates brought pursuant to this section, Contractor shall prepare a schedule documenting the extraordinary costs. Such request shall be prepared in a form acceptable to City with support for assumptions made by Contractor in preparing the estimate. Contractor shall also submit a schedule showing how its total costs and total revenues have changed over the past three years for the services provided under this Agreement. The City may request from the Contractor such further information as it deems necessary to fully evaluate the request and make its determination. Upon request by the City, Contractor shall provide a report of its annual revenues and expenses for the services provided in the City, and City shall have the right to audit this

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Diamond Bar – WM 82 Franchise Agreement for Solid Waste Services information in connection with the City’s review of Contractor’s rate adjustment request. City may consider increases or decreases in the Contractor’s total revenues and total cost of services when reviewing an extraordinary rate adjustment request.

The City may, in its sole judgment and absolute, unfettered discretion, make the final determination as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. Extraordinary rate adjustments shall only be effective after approval by City Council in compliance with California Constitution Article XIIID (Proposition 218) and the Proposition 218 Omnibus Implementation Act (Govt. Code Sections 53750 et. seq.) and may not be applied retroactively.

A rate adjustment request made in response to a new service requested by City will be determined in accordance with Section 2.10.

ARTICLE 11: INDEMNIFICATION, INSURANCE AND PERFORMANCE BOND

11.1 INDEMNIFICATION OF THE CITY

11.1.1 GENERAL
To the maximum extent permitted by law, and without regard to the limits of any insurance coverage, Contractor agrees to indemnify, defend with counsel acceptable to the City, protect and hold harmless the City, its representatives, officers, agents and employees, volunteers, and assignees (collectively, “Indemnitees”), from and against any and all causes of action, claims, fines, assessments, costs (including but not limited to reasonable attorneys’ and expert witness fees), losses, damages, penalties, forfeitures, demands, proceedings or suits, in law or in equity, of every kind and description, including, but not limited to, injury to and death of any Person and damage to property, injunctive relief, obligations, errors, omissions or liabilities, (“claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with (i) violations of the commerce clause of the U.S. Constitution, AB 939, the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. §9601 et seq. (“CERCLA”), HSAA, RCRA, any other Hazardous Waste laws, other federal, state or local statutes or regulations, or municipal ordinances, which arise from, challenge any validity of, or relate to the award of, this Agreement; (ii) the negligent performance of the work or services of Contractor, its agents, employees, subcontractors, or invitees, provided for in this Agreement; (iii) the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence, on the part of the Indemnitees. The indemnity obligations imposed herein shall not apply to the extent that such claims or liabilities arise from the sole negligence or willful misconduct of the Indemnitees, but shall apply if the claims or liabilities are caused by the joint negligence of Contractor and other Persons, (iv) actions or proceedings to attack, set aside, void, annul or seek monetary damages resulting from an approval by the City of this Agreement, including but not limited to any

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Diamond Bar – WM 83 Franchise Agreement for Solid Waste Services challenge brought by referendum or under Proposition 218 (Calif. Const. Art. XIIID) to challenge the City’s entry into this Agreement or the setting of Solid Waste rates as set forth in this Agreement; and in connection therewith:

A. Contractor will defend any action or actions filed in connection with any of said claim or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
B. Contractor will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work or services of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents and employees harmless therefrom;
C. In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work or services of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.

D. The obligations herein are subject to the provisions and limitations in Public Resources Code sections 40059.1 and 40059.2.

Contractor's obligations hereunder shall survive the termination or expiration of this Agreement.

THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE

BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.

11.1.2 HAZARDOUS MATERIAL INDEMNIFICATION
A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City), reimburse, indemnify, and hold Indemnitees harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that:

1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnitee is liable, responsible or in any way obligated to investigate, assess, monitor, study, test,

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Diamond Bar – WM 84 Franchise Agreement for Solid Waste Services treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or

2. Relates to material Collected, Transported, Recycled, Processed, treated or Disposed of by Contractor.

B. Contractor’s obligations pursuant to this section shall apply, without limitation, to:

1. Any Claims brought pursuant to or based on the provisions of any Environmental Law;

2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance, or operation of Contractor of any Facility;

3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, Transportation, Disposal, Processing, or use of any materials recovered by Contractor;

4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement.

C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Contractor or any Affiliate of Contractor.

D. For purposes of this section, the term "Hazardous Contaminant" shall mean any Hazardous Material any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-containing material. The term "Hazardous Contaminant" shall also include any and all amendments to any referenced statutory or regulatory provisions made before or after the date of execution of this Agreement.

THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE

BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER

TERMINATION OF THIS AGREEMENT

11.1.3 AB 939 INDEMNIFICATION AND GUARANTEE
Contractor unconditionally guarantees compliance with the requirements of AB 939 as amended from time to time. Contractor shall carry out its obligations under this Agreement so that the City will meet or exceed the Diversion requirements set forth in AB 939, and all amendments thereto more fully set forth below. City and Contractor shall reasonably assist each other to meet the City's AB 939 Diversion requirements. In carrying out the provisions of this Section, Contractor agrees to perform the following obligations at its cost and expense:

A. Defend, with counsel reasonably acceptable to City, indemnify and hold harmless the City against all fines and/or penalties imposed by the CalRecycle, if Contractor fails or refuses to provide information relating to its operations which is required under this Agreement and such failure or refusal prevents or delays City from submitting reports required by AB 939 in a timely manner;

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Diamond Bar – WM 85 Franchise Agreement for Solid Waste Services B. Assist City in preparing for, and participating in, CalRecycle's biannual review of the City's source reduction and recycling element pursuant to Public Resources Code Section 41825; C. Assist City in responding to inquiries from CalRecycle in applying for an extension under Public Resources Code Section 41820, if so directed by City; in conducting any hearing conducted by CalRecycle relating to AB 939; or in any other investigative or enforcement manner undertaken by any agency;
D. Defend, with counsel reasonably acceptable to City, and indemnify and hold harmless the City against any fines or penalties levied against it for violation of AB 939's Diversion requirements, provided that Contractor's obligation to indemnify City shall be subject to the limitations set forth in Public Resources Code Section 40059.1(c) as may be amended from time to time;
E. In cooperating with the City, should it seek to become its own enforcement agency, to the extent it may be permitted under state law.

11.1.4 CALRECYCLE INDEMNIFICATION
Contractor’s duty to defend and indemnify herein includes payment of all fines and/or penalties imposed by CalRecycle, subject to the restrictions set forth in Public Resources Code Section 40059.1, if the requirements of AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations are not met by the Contractor with respect to the Discarded Materials Collected under this Agreement, and such failure is: (i) due to the failure of Contractor to meet its obligations under this Agreement, or, (ii) due to Contractor delays in providing information that prevents Contractor or City from submitting reports required by AB 939 and SB 1383 Regulations and corresponding regulations in a timely manner. The provisions of this Section shall survive the termination or expiration of this Agreement.

11.1.5 ELECTRONIC INFORMATION INDEMNIFICATION
Contractor shall defend with counsel acceptable to City, indemnify, and hold City harmless against and from any and all related claims, including but not limited to, suits, losses, penalties, damages, responsibility for costs, regulatory fines, penalties, credit monitoring expenses, and liability for damages of every name, kind and description, including attorneys’ fees and costs incurred, attributable to the negligence or willful misconduct of Contractor and any Subcontractors used in performance of this Agreement in handling or protecting Customer information over which Contractor has exclusive control, including but not limited to billing details, electronic payment(s), and Customer account information that is not readily available to the general public. Contractor shall maintain electronic files and Contractor’s website in accordance with the industry best practices for maintaining such information. The indemnity obligations imposed herein shall not apply to the extent that such claims or liabilities arise from the negligence or willful misconduct of the Indemnitees or arise from information over which the Indemnitees have control.

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11.1.6 CALPERS ELIGIBILITY INDEMNIFICATION
Contractor’s employees, agents, or Subcontractors providing service under this Agreement shall not: (i) qualify for any compensation and benefit under CalPERS; (ii) be entitled to any benefits under CalPERS; (iii) enroll in CalPERS as an employee of City; (iv) receive any employer contributions paid by City for CalPERS benefits; or (v) be entitled to any other CalPERS-related benefit by reason of the services provided under this Agreement that would accrue to a City employee. Contractor’s employees, agents, or Subcontractors hereby waive any claims to benefits or compensation described herein.

Neither Contractor nor Contractor’s officers, employees, agents, and Subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to City employees. The City will not make any Federal or State tax withholdings on behalf of Contractor.

The City shall not be required to pay any workers’ compensation insurance on behalf of Contractor.

Contractor agrees to defend and indemnify the City for any claim, suit, or demand for tax, retirement contribution (including any contribution to CalPERS), social security, salary or wages, overtime payment, or workers’ compensation payment made by Contractor, or any employee of Contractor, for work performed under this Agreement.

11.2 EVALUATION OF LIABILITY
The Contractor’s obligation to defend, hold harmless, and indemnify under Article 11 shall not be excused because of the Contractor’s inability to evaluate an Indemnitee’s liability or because the Contractor evaluates such liability and determines that the Indemnitee is not liable to the claimant. Within twenty (20) days of receiving written notice from the City of a claim for which the City is entitled to indemnity, the Contractor shall confirm to the City in writing that the Contractor will provide a defense to the claim and shall take appropriate actions to provide such defense.

11.3 SEPARATE COUNSEL
The City may elect to have and consult separate legal counsel from the Contractor at any time during the pendency of any claim at its sole discretion. The City shall be responsible for paying its separate counsel unless: (i) the City reasonably determines and notifies Contractor that separate counsel is required to represent the City during the resolution of any claim; or (ii) a court of competent jurisdiction rules that the Contractor has refused to satisfy its obligations under this Article 11. Notwithstanding the preceding sentence or the first sentence of Article 11.1, with respect to a particular claim, if the Contractor confirms to the City in writing Contractor’s obligation to indemnify and defend the City, without reserving a right to later seek reimbursement from the City with respect to such claim, the City shall not object to the counsel representing it being the same counsel that represents Contractor in the defense of such claim and shall, if permitted by law, provide such written conflict-of-interest waiver as may be required for such joint representation. If the Contractor provides the aforementioned confirmation, but

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Diamond Bar – WM 87 Franchise Agreement for Solid Waste Services the City declines to consent to such joint representation, the City may retain its own counsel at its own expense, the City shall have no right of defense or reimbursement of defense costs with respect to such claim (but the City shall still be entitled to indemnity), the City shall reasonably cooperate with Contractor in the defense and settlement of such claim. If the Contractor does not provide the aforementioned confirmation, or if the Contractor provides such confirmation and the City is prohibited by law from providing such waiver, then the Contractor shall reimburse the City for the reasonable attorneys’ fees and costs of the City’s separate counsel with respect to such claim.

11.4 CONSIDERATION
It is specifically understood and agreed that the consideration inuring to the Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and responsibilities contained in this Agreement and the consideration to the City are the Solid Waste Services Contractor shall perform pursuant to this Agreement.

11.5 OBLIGATION
The execution of this Agreement by the Contractor shall obligate the Contractor to comply with the foregoing indemnification provisions; however, the collateral obligation of providing insurance must also be fully complied with as set forth in Article 11.8 below.

11.6 COLLECTION SERVICES SUBCONTRACTORS
Any Subcontractor(s), independent contractor(s) or any type of agent(s) performing or hired to perform any term or condition of this Agreement on behalf of the Contractor, or as may be allowed by this Agreement, shall comply with each term and condition of this Agreement, including each term and condition of Article 11.8 entitled “INSURANCE” or a more appropriate level of coverage as determined by the City. This applies to subcontractors performing Collection services for City facilities. Furthermore, the Contractor shall be responsible for the Subcontractor’s acts, omissions and satisfactory performance of the terms and conditions of this Agreement. The Contractor shall require all Subcontractors performing Collection services under the terms of this Agreement to enter into an agreement containing the provisions set forth in this Article 11 in their entirety and Subcontractor shall fully indemnify the City in accordance with this Agreement.

11.7 SURVIVAL
Contractor’s indemnity obligations shall survive the expiration or termination of this Agreement and continue until such obligations have been fully satisfied by the resolution of all claims for which indemnity obligations are owed to the City.

11.8 INSURANCE
Contractor shall procure and maintain during the entire Term the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims

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Diamond Bar – WM 88 Franchise Agreement for Solid Waste Services which may arise from or in connection with Contractor' s performance hereunder or the actions or inactions of any of Contractor' s officers, agents, representatives, employees, or subcontractors in connection with Contractor' s performance. The insurance requirements hereunder in no way limit Contractor' s various defense and indemnification obligations, or any other obligations as set forth herein.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01).

2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25.

3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

B. Minimum Limits of Insurance. Contractor shall maintain in force for the term of this Agreement limits no less than:

1. Comprehensive General Liability: Ten Million Dollars ($10,000, 000) limit aggregate and Ten Million Dollars ($10,000,000) limit per occurrence for bodily injury, Personal injury and property damage.

2. Automobile Liability: Five Million Dollars ($5,000,000) single limit per accident for bodily injury and property damage.

3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California or provide evidence of State approval to be self-insured. Employers Liability in the minimum amount of One Million ($1,000, 000).

C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officials, employees and agents; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverages a) The Indemnitees shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; Premises owned, leased or used by Contractor; or vehicles owned, leased, hued or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Indemnitees. b) Contractor's insurance coverage shall be primary insurance as respects the Indemnitees. Any insurance or self- insurance maintained by the Indemnitees shall be excess of Contractor' s insurance and shall not contribute with it.

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Diamond Bar – WM 89 Franchise Agreement for Solid Waste Services c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Indemnitees.
d) Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.

2. Workers' Compensation and Employers Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Indemnitees for losses arising from work performed by Contractor for City.

3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days written notice in the event of cancellation for non-payment) by certified mail, return receipt requested, has been given to City.

E. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best' s Insurance Reports of size category VII or larger and a rating classification of A or better.

F. Verification of Coverage. Within thirty (30) days of the execution of this Agreement, or prior to the start of service under this Agreement, whichever comes first, Contractor shall furnish City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall have all required endorsements. If City requests, copies of each policy, together with all endorsements, shall also be promptly delivered to City.

Renewal certificates will be furnished promptly upon renewal to City to demonstrate maintenance of the required coverage throughout the Term.

G. Required Endorsements.

1. Insurance policies shall contain an endorsement in substantially the following form:
“Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to City in the event of cancellation (Ten (10) days written notice in the event of cancellation for non-payment), reduction in coverage, or non -renewal of this policy. Such notice shall be sent to:

City Manager
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765

2. “This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by City, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only.”

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3. “Inclusion of City as an insured shall not affect City's rights as respects any claim, demand, suit or judgment brought or recovered against Contractor. Thus policy shall protect Contractor and City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase Contractor's liability as set forth in the policy beyond the amount shown or to which Contractor would have been liable if only one party had been named as an insured."
H. Other Insurance Requirements

1. In the event any services are delegated to another company or subcontractor, Contractor shall require such Contractor or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the Contractor or subcontractor's employees engaged in the work in accordance with this Section 11.8. The liability insurance required by this Section 11.8 shall cover all Contractor or subcontractors or the Contractor or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 11.8.

2. Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Contractor from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third Person against Contractor or any Contractor or subcontractor on account of any occurrence related to this Agreement, Contractor shall promptly report the facts in writing to the insurance carrier and to City.

If Contractor fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Contractor's expense, such insurance as it may deem proper and recover costs from the Contractor's Performance Bond and/or Letter of Credit provided under Sections 11.8 and 11.10.

I. Cyber Liability. Contractor will maintain cyber liability insurance with a combined single limit of not less than One Million ($1,000,000) per event. Contractor’s cyber policy must include language related to Contractor data breach. Contractor shall verify by providing City Contract Manager a copy of the Declarations Page for the policy for City review prior to the Commencement Date.

The insurance required by this subsection includes:

1. Premises Operations;

2. Independent Contractor's Protective;

3. Automobile Liability that includes Owned, Non-Owned, and Hired Motor Vehicles;

4. Broad Form Property Damage, including Completed Operations.

J. Proof of insurance shall be mailed to the following address or any subsequent address as may be directed in writing by the City.

City Manager

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21810 Copley Driver
Diamond Bar, CA 91765
K. Modification of Insurance Requirements. The insurance requirements provided in this Agreement may be modified or waived by the City, in writing, upon the request of the Contractor if the City determines such modification or waiver is fin the best interest of the City considering all relevant factors, including exposure to the City.

L. Rights of Subrogation. All required insurance policies shall preclude any underwriter’s rights of recovery or subrogation against the City with the express intention of the Parties being that the required insurance coverage protects both Parties as the primary coverage for any and all losses covered by the above-described insurance. The Contractor shall ensure that any companies issuing insurance to cover the requirements contained in this Agreement agree that they shall have no recourse against the City for payment or assessments in any form on any policy of insurance. The clauses ‘Other Insurance Provisions’ and ‘Insured Duties in the Event of an Occurrence, Claim or Suit’ as it appears in any policy of insurance in which the City is named as an additional insured shall not apply to the City.

M. Failure to Obtain Insurance. The failure of the Contractor to obtain and maintain any required insurance shall not relieve Contractor of any liability under this Agreement (and the Contractor may be answerable to the City for damages or any other remedy on account of such breach) nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Contractor concerning indemnification.

N. No Limitation of Liability. By requiring insurance herein, City does not represent that coverage and limits will necessarily be adequate to protect Contractor, and such coverage and limits shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to City in this contract.

11.9 FAITHFUL PERFORMANCE BOND
The Contractor shall, prior to the initial date of the term of this Agreement, execute and file with the Clerk of the Council a surety bond in the penal sum of One-Hundred Twenty-Five Thousand Dollars ($125,000), similar to the form provided in Exhibit 6 or otherwise in a form with language that is acceptable to the City, which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be released only upon written release from City per Section 11.11

11.10 FAITHFUL PERFORMANCE LETTER OF CREDIT
A. In addition to a corporate surety bond as noted in Section 11.9 above, Contractor shall

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11.11. B. As an alternative to providing the performance bond and letter of credit required under

11.9 and 11.10, Contractor may provide a letter of credit in the amount of Two-Hundred Fifty Thousand Dollars ($250,000). The letter of credit shall be from a financial institution acceptable to the City in a form acceptable to the City Attorney as security for the performance of this Agreement. The LOC shall be the sole responsibility of Contractor, shall be unconditional and remain in force during the entire Term of the Agreement and shall be released only upon written release from City per Section 11.11.

C. As an alternative to providing the performance bond and letter of credit required under

11.9 and 11.10, Contractor may deposit funds, on terms satisfactory to City, in an interestbearing account at an institution satisfactory to both City and Contractor. Contractor may replace any required amount of the performance bond requirement, or the LOC requirement with an equivalent deposit. The deposit shall be accessible to the City immediately without action required by Contractor. The deposit shall be accessible to the City immediately without penalty, unless the funds on deposit are increased in excess of the total Two-Hundred Fifty Thousand Dollars ($250,000) required under Sections 11.9 and 11.10A by the maximum amount of the total potential penalty. The funds on deposit shall be the sole responsibility of the Contractor, shall be unconditional and remain on deposit during the entire Term of the Agreement and shall be withdrawn to Contractor' s custody only upon written release from City per Section 11.11.

11.11 FORFEITURE OF PERFORMANCE BOND
In the event Contractor shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond forfeited to the City up to an amount which is necessary to recompense and make whole the City. Upon partial or full forfeiture of the performance bond, Contractor shall restore the performance bond to its face amount within thirty (30) days of the City's declaration. Failure to restore the performance bond to its full amount within thirty (30) days shall be a material breach of the Agreement.

11.12 FORFEITURE OF LETTER OF CREDIT
Thirty (30) days following City providing Contractor with written notice of its failure to pay City any amount owing under this Agreement, the LOC or deposit may be drawn upon by City for purposes including, but not limited to:

A. Payment of sums due under the terms of this Agreement which Contractor has failed to timely pay to City
B. Reimbursement of costs borne by City to correct violations of this Agreement not corrected

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City may draw upon the entire LOC and convert it to a cash deposit, or draw upon the entire deposit, if Contractor fails to cause it to be extended or replaced with another satisfactory LOC or deposit no later than 60 days prior to its expiration during the term hereof. If City partially draws down LOC or deposit, Contractor must restore it to full amount within 30 days of City's draw.

Failure to restore the LOC or deposit to its full amount within. thirty (30) days shall be a material breach of the Agreement.

11.13 PERFORMANCE SECURITY BEYOND SERVICE TERM
Some Agreement requirements extend beyond the Term and other requirements, such as minimum Diversion rates per Section 5.2, will not be substantiated until after the final service date. Therefore, the Contractor shall not terminate the performance bond, letter of credit or deposit, and will renew them to ensure continuous availability to the City, until receiving a written release from the City or until the second anniversary of the end of the Term. Permission from the City to discontinue holding these performance securities does not relieve Contractor of payments to the City that may be due, or may become due.

ARTICLE 12: CITY’S RIGHT TO CONTRACT WITH THIRD PARTIES TO

PERFORM FRANCHISE SERVICES

12.1 GENERAL
In the event that Contractor, for any reason whatsoever, fails, refuses or is unable to Collect, Recycle, Process, Transport, or Dispose of any or all Solid Waste which it is required by this Agreement, at the time and in the manner provided in this Agreement, for a period of more than two business days, excluding Saturday, Sunday and Designated Holidays, and if, as a result thereof, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right, but not the obligation, upon twenty-four (24) hour prior written notice to Contractor during the period of such emergency as determined by City, (1) to perform, or cause to be performed, such services itself with its own or other personnel without liability to Contractor; or (2) to take possession of any or all of Contractor's equipment used in the Collection and Transportation of Solid Waste, and to use such equipment to Collect and Transport any Solid Waste generated within City which Contractor would otherwise be obligated to Collect, Transport and properly Dispose of or Process pursuant to this Agreement. Further, the City shall have access to the MRF and composting facilities used by the Contractor for the Processing, Recycling and Organics Diversion of Solid Waste produced or accumulated with the City.

Notice of Contractor's failure, refusal or neglect to Collect, Transport and properly Dispose of or Process Solid Waste may be given orally by telephone to Contractor at its principal office and shall be effective immediately. Written confirmation of such oral notification shall be sent to

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Diamond Bar – WM 94 Franchise Agreement for Solid Waste Services Contractor within one business day, excluding Saturday, Sunday and Designated Holidays of the oral notification. Contractor further agrees that in such event:

A. It will take direction from City to effect the transfer of possession of equipment to City for City's use.

B. It will, if City so requests, keep in good repair and condition all of such equipment and provide such other service as may be necessary to maintain said property in operational condition.

C. City may immediately engage all or any personnel necessary or useful for the Collection and Transportation of Solid Waste then employed by Contractor.

City agrees that it assumes complete responsibility for the proper and normal use of such equipment and facilities while in its possession.

If the interruption or discontinuance in service is caused by any of the reasons listed in Section

13.8, City shall pay to Contractor the reasonable rental value of the equipment and facilities, possession of which is taken by City, for the period of City's possession, if any, which extends beyond the period of time for which Contractor has rendered bills in advance of service, for the class of service involved.

12.2 TEMPORARY POSSESSION OF CONTRACTOR’S PROPERTY
If City suffers an interruption or discontinuance of service (including interruptions and discontinuance due to events described in Section 13.8), City may take possession of and use all of Contractor's property described above until other suitable arrangements can be made for the provision of Solid Waste Services which may include the grant of a Franchise to another waste hauling company.

12.3 BILLING AND COMPENSATION TO CITY DURING CITY’S POSSESSION During such time that City is providing Solid Waste Services, as above provided, Contractor shall bill and Collect payment from all users of the above-mentioned services as described in Section

6.1 Contractor further agrees that, in such event, it shall reimburse City for any and all costs and expenses incurred by City in taking over possession of the above-mentioned equipment and property for Solid Waste service in such manner and to an extent as would otherwise be required of Contractor under the Terms of this Agreement. Such reimbursement shall be made from time to time after submission by City to Contractor of each statement listing such costs and expenses, but in no event later than five (5) Work Days from and after each such submission.

12.4 CITY’S RIGHT TO RELINQUISH POSSESSION
It is further mutually agreed that City may at any time at its discretion relinquish possession of any or all of the above-mentioned property to Contractor and thereupon demand that Contractor resume the Solid Waste Services as provided in this Agreement, whereupon Contractor shall be bound to resume the same.

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12.5 CITY’S POSSESSION NOT A TAKING
Except as otherwise expressly provided in the previous paragraph, City's exercise of its rights under this Article, 1) does not constitute a taking of private property for which compensation must be paid, 2) will not create any liability on the part of City to Contractor, and 3) does not exempt Contractor from any of the indemnity and insurance provisions of this Agreement, which are meant to extend to circumstances arising under this Section provided that the Contractor is not required to indemnify the City against claims and damages arising from the active negligence of the City, its elected and appointed boards, commissions, officers, employees and agents in the operation of Collection vehicles during the time the City has taken possession of such vehicles.

12.6 DURATION OF CITY’S POSSESSION
City's right pursuant to this Article to retain temporary possession of Contractor's facilities and equipment, and to render Collection services, shall terminate when City determines that such services can be resumed by Contractor, or when City no longer reasonably requires such property or equipment. In any case, City has no obligation to maintain possession of Contractor's property or equipment and/or continue its use for any period of time and may at any time, in its sole discretion, relinquish possession to Contractor.

ARTICLE 13: DEFAULT AND REMEDIES

13.1 EVENTS OF DEFAULT
Contractor’s breach of each and any provision of the Franchise or this Agreement may constitute a default hereunder to the extent Contractor’s performance, services or obligations under this Agreement are materially and adversely impacted. Events of default by the Contractor include, but are not limited to, the following.

A. Fraud or Deceit or Misrepresentation. If the Contractor engages in, or attempts to practice, any fraud or deceit upon City or makes a misrepresentation regarding material information to City.

B. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or unwilling to pay its debts, files a bankruptcy petition or takes steps to liquidate its assets.

C. Failure to Maintain Coverage. If Contractor fails to provide or maintain in full force and effect the Workers' Compensation, liability, performance bond, letter of credit, or indemnification coverage as required by this Agreement.

D. Violations of Regulation. If Contractor violates any orders or filings of any regulatory body having jurisdiction over Contractor relative to this Agreement, provided that Contractor may contest any such orders or filings by appropriate proceedings conducted in good

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E. Failure to Perform. If Contractor ceases to provide all or a portion of the Collection, Processing or Recycling services, or any other Solid Waste Services as required under this Agreement for a period of seven (7) consecutive days or more, unless, and only to the extent, performance is excused pursuant to Section 13.8.

F. Failure to Pay. If Contractor fails to make any payments required under this Agreement and/or refuses to provide City, within ten (10) days of the demand, with required information, reports, and/or records in a timely manner as provided for in the Agreement.

G. Failure to Cooperate with Audits. Failure to complete, perform or cooperate with any audit as described by this Agreement.

H. Failure to Submit Reports or Documentation. Failure to complete or to provide required reports or documents to City as required by this Agreement.

I. Acts or Omissions.

1. Any act or omission by Contractor relative to the services provided under this Agreement which violates the terms, conditions, or requirements of this Agreement, the California Integrated Waste Management Act of 1989, as it may be amended from time to time (AB 939), or any law, statute, ordinance, order, directive, rule, or regulation issued pursuant to AB 939 shall constitute a default by the Contractor. Any failure to correct or remedy any such violation within the time set in the written notice of the violation or, if Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice, Contractor’s failure to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter shall constitute a default by Contractor.

2. Any situation in which Contractor or any of its officers, directors or employees are found guilty of any crime related to the performance of this Agreement, or of any crime related to anti-trust activities, illegal Transport or Disposal of hazardous or toxic materials, or bribery of public officials shall constitute a default by Contractor. The term “found guilty” shall be deemed to include any judicial determination that Contractor or any of Contractor’s officers, directors or employees is guilty as well as any admission of guilt by Contractor or any of Contractor’s officers, directors or employees including, but not limited to, the plea of “guilty”, “nolo contendere”, “no contest”, and “guilty to a lesser charge.”
J. False or Misleading Statements. Any representation or disclosure made to City by Contractor in connection with or as an inducement to entering into this Agreement, or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement.

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Diamond Bar – WM 97 Franchise Agreement for Solid Waste Services K. Attachment. The seizure of, attachment of, or levy on, the operating equipment of Contractor, including, without limits, its equipment, maintenance or office facilities, or any part thereof.

L. Suspension or Termination of Service. Any termination or suspension of the transaction of business by Contractor, including, without limitation, due to labor unrest including strike, work stoppage or slowdown, sick- out, picketing, or other concerted job action lasting more than seven (7) consecutive days, unless, and only to the extent, performance is excused pursuant to Section 13.8, or Section 6.1.10.

M. Failure to Provide Assurance of Performance. If Contractor fails to provide reasonable assurances of performance as required under Section 13.10.

N. Commingling of Recyclables With Refuse/Landfilling of Recyclables. If Contractor negligently or willfully empties Containers of properly set out Recyclable Materials or Organics into a Refuse load, or Transports a load of Recyclable Materials or Organics to a Landfill or other location at which the material will not be Diverted from Landfill Disposal.

O. Failure to Comply with Requirements of SB 1383 Regulations. The Contractor fails to comply with requirements of the Agreement including public education, reporting, contamination monitoring, recordkeeping, or other obligations of this Agreement that delegate City’s responsibility and/or authority under SB 1383 Regulations to Contractor.

P. Diversion Requirement. If Contractor does not reach Diversion requirements per Section 5.2 for two consecutive Rate Years.

Q. Failure to Provide and Maintain Performance Bond and/or Letter of Credit and/or Deposit. Contractor fails to restore the full balance of the Performance Bond and/ or Letter of Credit and/ or deposit required under Sections 11.9 and 11.10 to the full required value within 30 days of being depleted due to payment to City under Sections 11.11 or 11.12, or Contractor allows any of the securities at any time for any other reason to lapse or fall below required minimums for any period of time.

13.2 RIGHT TO TERMINATE UPON DEFAULT AND RIGHT TO SPECIFIC PERFORMANCE The City may terminate this Agreement immediately upon written notice to the Contractor in the event the Contractor defaults under Article 13.1.Q entitled, “Failure to Provide and Maintain Performance Bonds and/or Letter of Credit and/or Deposit.” The Contractor shall be given ten (10) Business Days from written notification by the City to cure any default which, in the CITY’s sole opinion, creates a potential public health and safety threat.

The Contractor shall be given ten (10) Business Days from written notification by the City to cure any default arising under subsections E, F, G, H, K, L, M, N, and Q in Article 13.1 provided, however, that the City shall not be obligated to provide Contractor with a notice and cure

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The Contractor shall be given thirty (30) calendar days from written notification by the City to cure any other default (which is not required to be cured within ten (10) Business Days); however, the City shall not be obligated to provide Contractor with a notice and cure opportunity if the Contractor has committed the same or similar breach/default within a twenty‐four (24) month period. Failure to allege breach/default shall not constitute waiver by the City.

13.3 CITY’S REMEDIES IN THE EVENT OF DEFAULT
Upon the Contractor’s default, the City shall be entitled to unilaterally terminate this Agreement or impose other such sanctions as it shall deem proper pursuant to the provisions in this Agreement or the Diamond Bar City Code, including the following remedies.

A. Waiver of Default. The City may waive any event of default or may waive Contractor’s requirement to cure a default event if the City determines that such waiver would be in the best interest of the City. The City’s waiver of an event of default is not a waiver of future events of default that may have the same or similar conditions.

B. Suspension of the Contractor’s Obligation. The City may suspend Contractor’s performance of its obligations if the Contractor fails to cure default in the time frame specified in Article 13.2 until such time the Contractor can provide assurance of performance in accordance with the terms of this Agreement.

C. Liquidated Damages. The City may assess Liquidated Damages for the Contractor’s failure to meet specific performance standards pursuant to Section 13.7.

D. Termination. In the event that the Contractor should default and subject to the right of the Contractor to cure, in the performance of any provisions of this Agreement, and the default is not cured for any default within ten (10) calendar days if the default creates a potential public health and safety threat or arises under Section 13.1. E, F, G, H, K, L, M, Q and or otherwise thirty (30) calendar days after receipt of written notice of default from the City, then the City may, at its option, terminate this Agreement.

In the event the CITY decides to terminate this Agreement, the City shall serve twenty (20) calendar days written notice of its intention to terminate upon Contractor and will not be required by this Agreement to take any further action such as hold any hearing, commence legal action, or take any other action.

In the event the City exercises its right to terminate this Agreement, the City may, at its option, upon such termination, either directly undertake performance of the services or arrange with other Persons to perform the services with or without a written agreement. Contractor shall not be entitled to any further revenues from Collection operations authorized hereunder from and after the date of termination.

This right of termination is in addition to any other rights of the City upon a failure of the Contractor to perform its obligations under this Agreement.

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Diamond Bar – WM 99 Franchise Agreement for Solid Waste Services E. Other Available Remedies. The City’s election of one (1) or more of the remedies described herein shall not limit the City from any and all other remedies at law and in equity including injunctive relief and / or specific performance of any breach of this Agreement.

13.4 CRIMINAL ACTIVITY
Should the Contractor or any of its officers, directors or employees be found guilty of criminal conduct related to the performance of this Contract, or of criminal conduct related to anti-trust activities, illegal Transport or Disposal of hazardous or toxic materials, or bribery of public officials, the City reserves the right to unilaterally terminate this Contract or impose other such sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it shall deem proper. Such action shall be taken after Contractor has been given notice and opportunity to present evidence in mitigation. The term “found guilty” shall be deemed to include any judicial determination that Contractor or any of Contractor’s officers, directors or employees is guilty and any admission of guilt by Contractor or any of Contractor’s officers, directors or employees including, but not limited to, the plea of “guilty”, “nolo contendere”, “no contest”, and “guilty to a lesser charge” entered as part of any plea bargain.

13.5 POSSESSION OF RECORDS UPON TERMINATION
In the event of termination for an event of default, the Contractor shall furnish the Contract Administrator with immediate access to all of its business records, including without limitation, proprietary Contractor computer systems, related to its Customers, Collection routes, and billing of accounts for Collection services in the City of Diamond Bar.

13.6 CITY’S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE
The City’s rights to terminate this Agreement under Article 13.3, and to take possession of the Contractor’s records under Article 13.5 are not exclusive, and the City’s termination of this Agreement and/or the imposition of Liquidated Damages shall not constitute an election of remedies. Instead, these rights shall be in addition to any and all other legal and equitable rights and remedies, including but not limited to termination, which the City may have.

13.7 LIQUIDATED DAMAGES
A. General. City finds, and 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 shall be incurred by City as a result of a breach by Contractor of certain specific 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 service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the services that are the subject of this Agreement might be available at substantially lower

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B. Service and Diversion Performance Standards; Liquidated Damages for Failure to Meet Standards. The parties further acknowledge that consistent, reliable Solid Waste Service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality-of-service commitment in entering into this Agreement. The Parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, without prejudice to City's right to treat such breaches as an event of default under this Article 13, the Parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for such specific breaches, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made.

Contractor City
Initial Here Initial Here
The Contractor agrees to pay (as Liquidated Damages and not as a penalty) the following amounts:

LIQUIDATED DAMAGES

1. Collection Reliability Amount
A. For each failure to commence service in compliance with Section 3 to a new Customer account within seven (7) days after order, which exceeds five (5) such failures annually.
$150.00 per occurrence.

B. For each failure, which exceeds ten (10) such failures annually, to Collect Solid Waste from any established Customer account on the scheduled Collection day and not make up the Collection within the time allotted per Section 4.1.2.
$100.00 per occurrence.

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Diamond Bar – WM 101 Franchise Agreement for Solid Waste Services

LIQUIDATED DAMAGES

2. Collection Quality
A. For each occurrence of noise in excess of what is permitted under Applicable Law or discourteous behavior by Contractor’s employees to Customers which exceed ten (10) annually.
$250.00 per occurrence.

B. For each occurrence of Collecting Solid Waste during unauthorized hours which exceeds five (5) such occurrences annually.
$250.00 per occurrence.

C. For each failure to clean up Solid Waste spilled during Collection or Transportation within ninety (90) minutes that exceeds ten (10) such failures annually.
$150.00 per occurrence.

D. For each occurrence of failure to verify that Customer has obtained an encroachment permit from the City prior to Contractor placing a Container in the public right-of-way as per Section 3.3.6, 3.4, and 3.5 which exceeds ten (10) such occurrences annually.
$100.00 per occurrence.

3. Collection Responsiveness
A. For each failure to initially respond to a Customer complaint within one (1) business day per Section 6.2.3, and for each additional day on which the complaint is not addressed, which exceed five (5) annually. $150 per occurrence.

C. For each failure to remove graffiti from Containers, or to replace with Containers bearing no graffiti, within three (3) business days of request from City or Customer.
$50 per occurrence.

D. For each failure to repair or replace a damaged or missing Container within three (3) business days of request from City or Customer in accordance with Section 4.3.1(M).
$50 per occurrence.

E. For each violation under Section 6.2.4 (one month of excessive complaints or one quarter of excessive delays in answering customer service calls). $250 per occurrence.

F. For each occurrence of inaccurate information being provided to Customers by Contractor' s customer service department which exceeds five (5) such occurrences annually.
$100 per occurrence.

G. For each failure to issue a Warning Notice due to Container Contamination or Excluded Waste per Section 3.3.10 or 4.1.13 which exceeds ten (10) such occurrences annually.
$100 per Occurrence.

4. Diversion & SB 1383 Compliance Amount
A. Failure to deliver Collected Recyclables or Organics to the appropriate Processing Facility per Section 5.2.1.
$250 per load.

B. Failure to report loads rejected or not delivered to the Processing Facility due to excessive contamination.
$250 per load.

C. Failure to perform Route Reviews or Waste Audits $250 per occurrence.

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Diamond Bar – WM 102 Franchise Agreement for Solid Waste Services

LIQUIDATED DAMAGES
D. For each calendar year, beginning September 1, 2025, and ending on August 31, 2035, in which Contractor fails to provide documentation to the City within thirty (30) days of year-end, supporting that it Diverted at least 75%, or the State-mandated Construction and Demolition Diversion percentage, whichever is greater, of all Construction and Demolition Debris loads it Collects under this Agreement.
$25 for each ton below
tonnage level necessary
to meet State-mandated
Construction and
Demolition Diversion
goal, whichever is
greater.

5. Timeliness of Submissions to City Amount
A. Any report shall be considered late until such time as a complete report is received by City in accordance with Section 8.3. For each calendar day a report is late, the daily liquidated damage amount shall be. i) Monthly Reports:
ii) Annual Reports:
$50 per day.
$150 per day.

6. Accuracy of Billing Amount
A. Each Customer invoice that is not prepared in accordance with the City’s approved rate schedule, in excess of ten (10) annually:
$25 per occurrence

7. Customer Education and Outreach Amount
A. Failure to complete the Initial Mailing per Section 6.3.1(A), and thereafter the Annual Brochure/Mailing per 6.3.1(D), by June 30 of any Rate Year. $1,000 per Rate Year

8. Cooperation with Service Provider Transition
A. For each day the rout list and/or Customer information requested by City in accordance with Section 14.9 is received after City-established due dates. $250.00 per day.

B. For each day delivery of keys, access codes, remote controls, or other means of access to Solid Waste Containers is delayed beyond the time described in Section 14.9.
$250.00 per day.

The City may determine the occurrence of events giving rise to liquidated damages through the observation by its own employees or representatives, investigation of Customer complaints or self-reporting by the Contractor.

Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so.

The notice will include a brief description of the incident(s)/non-performance. Contractor may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with City. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City will provide Contractor with a written explanation of its determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City shall be final.

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Diamond Bar – WM 103 Franchise Agreement for Solid Waste Services C. Amount. City may assess liquidated damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement.

D. Timing of Payment. Contractor shall pay any liquidated damages assessed by City in accordance with this Agreement within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, City may proceed against the performance bond required by the Agreement or find Contractor in default and terminate this Agreement pursuant to Section 13.1, or both.

13.8 SUSPENSION OF PERFORMANCE

13.8.1 FORCE MAJEURE
The Parties shall be excused from performing their respective obligations hereunder and from any obligation to pay Liquidated Damages to the extent and for the period of time they are prevented from so performing by reason of floods, earthquakes, pandemics, other acts of nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder.

The interruption or discontinuance of Contractor' s services caused by one (1) or more of the events excused shall not constitute a default by Contractor under this Agreement provided that other services delivered to properties in Diamond Bar (such as and without limitation electricity, gas, water, or Solid Waste Services) have been similarly disrupted as a direct result of the catastrophic event. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this section, City may contract with another provider to perform all or part of this Agreement until such time Contractor is able to perform. If Contractor is unable to renew its performance of this Agreement for a period of thirty (30) days or more, where the City is not significantly impacted by the catastrophic event, City shall nevertheless have the right, in its sole discretion, to terminate flus Agreement by giving ten (10) days' notice.

13.8.2 LABOR UNREST
Labor unrest, including work stoppage or slowdown or sick-out conducted by Contractor' s employees or directed at Contractor is excused from performance only to the extent that the following requirements are met:
• Contractor provides a contingency plan to the City prior to the execution of this Agreement demonstrating how services will be provided. Plan is subject to City Manager approval and Contractor shall amend plan until it meets City requirements, including reasonably demonstrating how City' s basic Collection and sanitary needs will be met to the City's satisfaction.
• Contractor shall meet all requirements of this plan; if Contractor does not meet all requirements, City may choose to revoke this excuse from performance offered under

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Diamond Bar – WM 104 Franchise Agreement for Solid Waste Services this Agreement and may choose to use enforcement provisions under this Agreement, including Sections 13.1, 13.2 and 13.3.

The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this section.

The interruption or discontinuance of Contractor' s services caused by labor-related events excused under this Section 13.8.2 shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this section for a period of thirty (30) days or more, City shall nevertheless have the right, at its sole discretion, to terminate this Agreement by giving ten (10) days' notice, and may contract with another party for Solid Waste Services.

13.9 DISPUTE RESOLUTION
Except as may otherwise be set forth expressly herein, all disputes arising under this Agreement shall be resolved as set forth in this section.

13.9.1 NEGOTIATION AND MEDIATION
The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties' authorized representatives. The disputing Party shall give the other Parties written notice of any dispute. Within five (5) days after delivery of such notice, the authorized representatives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within ten (10) days of the first meeting, any Party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to all Parties and shall conclude within thirty (30) days of its commencement, unless the Parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall enter into a written agreement for the mediation services with each Party paying a pro rata share of the mediator' s fee, if any. The mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association; provided, however, that no consequential damages shall be awarded in any such proceeding and each Party shall bear its own legal fees and expenses.

13.9.2 CONFIDENTIALITY
All negotiations and any mediation conducted pursuant to this section shall be confidential and shall be treated as compromise and settlement negotiations, to which Section 1152 of the California Evidence Code shall apply, which Section is incorporated in this Agreement by reference.

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Diamond Bar – WM 105 Franchise Agreement for Solid Waste Services

13.9.3 INJUNCTIVE RELIEF
Notwithstanding the foregoing provisions, a Party may seek a preliminary injunction or other provisional judicial remedy if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo.

13.9.4 CONTINUING OBLIGATION
Each Party shall continue to perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement.

13.9.5 FAILURE OF MEDIATION
If after good faith efforts to mediate a dispute under the terms of this Agreement the parties cannot agree to a resolution of the dispute, any party may pursue whatever legal. remedies may be available to it at law or in equity before a court of competent jurisdiction and with venue in Los Angeles County.

13.10 ASSURANCE OF PERFORMANCE
City may, at its option and in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as City may require. If Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by City, such failure or refusal shall be an event of default.

ARTICLE 14: OTHER AGREEMENTS OF THE PARTIES

14.1 RELATIONSHIP OF PARTIES
The parties intend that Contractor shall perform the services required by this Agreement as an independent Contractor engaged by City and not as an officer or employee of City nor as a partner of or joint venture with City. No employee or agent or Contractor shall be or shall be deemed to be an employee or agent of City. Except as expressly provided herein, Contractor shall have the exclusive control over the manner and means of conducting the Solid Waste Services performed under this Agreement, and all Persons performing such services. Contractor shall be solely responsible for the acts and omissions of its officers, employees, Companies, Subcontractors and agents. Neither Contractor nor its officers, employees, Companies, Subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with City.

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Diamond Bar – WM 106 Franchise Agreement for Solid Waste Services

14.2 COMPLIANCE WITH LAW
In providing the services required under this Agreement, Contractor shall at all times, at its sole cost, comply with all Applicable Laws.

14.3 GOVERNING LAW
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California.

14.4 JURISDICTION
Except for those matters where Federal Courts have exclusive jurisdiction, any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the Parties agree that this Agreement is made in and will be performed in Los Angeles County.

14.5 ASSIGNMENT
Except as may be provided for in Article 12, neither party shall assign its rights, nor delegate, subcontract or otherwise transfer its obligations under this Agreement to any other Person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall be void and the attempted assignment shall constitute a material breach of this Agreement.

For purposes of this section the term "assignment" shall be given the broadest possible interpretation, and shall include, but not be limited to (i) a sale, exchange or other transfer of substantially all of Contractor' s assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer of outstanding common stock of Contractor to a third party provided said sale, exchange or transfer may result in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re-capitalization, stock issuance or re - issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction which results in a change of ownership or control of Contractor; (iv) any assignment by operation of law, including those resulting from mergers or acquisitions by or of Contractor of any of its Affiliates, insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor' s property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership, or change of control of Contractor.

Contractor acknowledges that this Agreement involved rendering a vital service to City's residents and businesses, and that City has selected Contractor to perform the services specified herein based on (1) Contractor' s experience, skill and reputation for conducting its Solid Waste Services in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental Laws, regulations and best Solid Waste management practices, and (2) Contractor' s financial resources to maintain the required equipment and to support its indemnity obligations to City

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Diamond Bar – WM 107 Franchise Agreement for Solid Waste Services under this Agreement. City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement.

If Contractor requests City's consideration of and consent to an assignment, City may deny or approve such request in its complete discretion. No request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements:

A. Contractor shall pay to City in advance of consideration of any assignment a flat fee of $250,000 for expenses for City staff costs, consultant and attorney's fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment;
B. Contractor shall pay the City a transfer fee equal to 1% of the gross revenues times the number of years (pro-rated for partial years) remaining under this Agreement (based on actual rate revenues for the prior 12-months), plus the City’s costs of processing and evaluating the assignment request;
C. Contractor shall furnish City with audited financial statements of the proposed assignee's operations for the immediately preceding three (3) operating years; D. A proforma financial statement (income statement and balance sheet) for the proposed assignee with the projected results of operations assuming that the assignment is completed. Such proforma financial statement shall reflect any debt to be incurred by the assignee as part of the acquisition of Contractor’s operations; and, E. Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of Solid Waste management experience on a scale equal to or exceeding the sale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any federal, state or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with state, federal or local Environmental Laws and that the assignee has provided City with a complete list of such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste management practices in accordance with sound Solid Waste management practices in full compliance with all federal, state and local laws regulating the Collection and Disposal of Solid Waste including Hazardous Material; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the Terms of this Agreement in a timely, safe and effective manner.

Under no circumstances shall City be obliged to consider any proposed assignment by City if Contractor is in default at any time during the period of consideration.

14.6 AFFILIATED COMPANIES
Contractor's accounting records shall be maintained on a basis showing the results of Contractor's operations under this Agreement separately from operations in other locations, as if Contractor

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Diamond Bar – WM 108 Franchise Agreement for Solid Waste Services were an independent entity providing service only to City. The costs and revenues associated with providing service to City shall not be combined, consolidated or in any other way incorporated with those of other operations conducted by Contractor in other locations, or with those of an Affiliate. If Contractor enters into any financial transactions with a Related Party Entity for the provision of labor, equipment, supplies, services, capital, etc., related to the furnishing of service under this Agreement, that relationship shall be disclosed to City, and in the financial reports submitted to City. In such event, City's rights to inspect records, and obtain financial data shall extend to such Related Party Entity or entities.

14.7 CONTRACTING OR SUBCONTRACTING
Contractor shall not engage any contractors or subcontractors for the Collection of Solid Waste.

14.8 BINDING ON ASSIGNS
The provisions of this Agreement shall inure to the benefit to and be binding on the permitted assigns (if any) of the Parties.

14.9 TRANSITION TO NEXT CONTRACTOR
Prior to, and at, the end of the Term or in the event this Agreement is terminated for cause prior to the end of the Term, Contractor shall cooperate fully with City and any subsequent Solid Waste enterprise it designates to assure a smooth transition of Solid Waste Services. Contractor's cooperation shall include, but not be limited to, providing route lists, Billing information and other operating records needed to service all Premises covered by this Agreement.

In recognition of the difficulty inherent in Customer’s difficulty or inability to store two sets of Containers, Contractor shall remove its Containers in coordination with the distribution of Containers by the incoming service provider. Contractor shall cooperate with the City and incoming service provider in agreeing to the timing of Container removal; if parties cannot agree on a phase-out schedule and Contractor does not remove Containers in a timely manner that requires Customers to store two Containers, City, incoming service provider, or another entity may remove Contractor’s Containers and seek cost reimbursement from Contractor through its performance bond, letter of credit or other means. The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/or other equitable relief necessary to enforce this covenant.

Contractor shall, to the maximum extent feasible, provide a new service provider with all keys, security codes and remote controls used to access garages and Bin enclosures. Contractor shall be responsible for coordinating transfer immediately after Contractor’s final pickups, so as not to disrupt service. Contractor shall provide City with detailed route sheets containing service names and addresses, billing names and addresses, monthly rate, and service levels (quantity, material type, and size of Containers and pickup days) at least 90 days prior to the transition date, and provide an updated list two weeks before the transition and a final list of changes the day before the transition. Contractor shall provide means of access to the new service provider at least one full calendar day (excluding Saturday, Sunday, and Designated Holidays) prior to the first day of

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Diamond Bar – WM 109 Franchise Agreement for Solid Waste Services Collection by another party, and always within sufficient time so as not to impede in any way the new service provider from easily servicing all Containers.

14.10 PARTIES IN INTEREST
Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons other than the parties to it and their representatives, successors and permitted assigns.

14.11 WAIVER
The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either party of any moneys which become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement.

14.12 CONTRACTOR’S INVESTIGATION
Contractor has made an independent investigation ( satisfactory to Contractor) of the conditions and circumstances surrounding the Agreement and the work to be performed by it.

14.13 NOTICE
All notices, demands, requests, proposals, approvals, consents, and other communications which this Agreement requires, authorizes, or contemplates shall be in writing and shall either be personally delivered to a representative of the parties at the address below or be deposited in the United States mail, first class postage prepaid, addressed as follows:

If to the City:

City Manager
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 92765
If to the Contractor:

Michael S. Hammer
President
WM Management Collection & Recycling Inc.
13940 Live Oak Ave
Baldwin Park, CA 91706
Copy to:

WM Southern California Market Area Headquarters
9081 Tujunga Ave.

Sun Valley, CA 91352
Attn: Legal Counsel

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Diamond Bar – WM 110 Franchise Agreement for Solid Waste Services The address to which communications may be delivered may be changed from time to time by a written notice given in accordance with this section.

Notice shall be deemed given on the day it is personally delivered or, if mailed, three days from the date it is deposited in the mail.

This notice shall also be sent by e- mail to the City Manager.

14.14 REPRESENTATIVE OF THE PARTIES
All actions to be taken by City shall be taken by the City Council except as expressly provided herein. The City Council may delegate authority to the City Manager, and/ or to other City employees and may permit such employees, in turn, to delegate some or all of such authority to subordinate employees. Contractor may rely upon actions taken by such delegates if they are within the scope of the authority so delegated to them.

Contractor shall, by the effective date, designate in writing a responsible officer who shall serve as the representative of Contractor in all matters related to the Agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind Contractor.

City may rely upon action taken by such designated representative as actions of Contractor unless they are outside the scope of the authority expressly delegated to him/ her by Contractor as communicated to City.

14.15 CITY FREE TO NEGOTIATE WITH THIRD PARTIES
City may investigate all options for the Collection, Transporting, Recycling, Processing and Disposal of Solid Waste for periods during which this Agreement has expired or been terminated.

Without limiting the generality of the foregoing, City may solicit proposals from Contractor and from third parties for the provision of Solid Waste Services which are the subject of this Agreement, including without limitation Collection and Processing of Recyclable and Organic Materials, Disposal, and any combination thereof, and may negotiate and execute agreements for such services which will take effect upon the expiration or earlier termination of this Agreement pursuant to Section 13.2 or otherwise.

14.16 COMPLIANCE WITH MUNICIPAL CODE
Contractor shall comply with those provisions of the Diamond Bar City Code which are applicable, and with any and all amendments to such applicable provisions during the term of this Agreement.

14.17 PRIVACY
Contractor shall strictly observe and protect the rights of privacy of Customers. Information identifying individual Customers or the composition or contents of a Customer' s waste stream shall not be revealed to any Person, governmental unit, private agency, or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the Customer. This

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Diamond Bar – WM 111 Franchise Agreement for Solid Waste Services provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939. This provision shall not apply to reports or records provided to City pursuant to this Agreement.

14.18 PROPRIETARY INFORMATION, PUBLIC RECORDS
The City acknowledges that a number of the records and reports of Contractor are proprietary and confidential. Contractor is obligated to permit City inspection of its records on demand and to provide copies to City where requested. City will endeavor to maintain the confidentiality of all proprietary information provided by Contractor. Notwithstanding the foregoing, any documents provided by Contractor to City that are public records may be disclosed pursuant to the California Public Records Act.

ARTICLE 15: MISCELLANEOUS AGREEMENTS

15.1 ENTIRE AGREEMENT
This Agreement contains the entire integrated agreement and understanding concerning the subject matter herein and supersedes and replaces any prior negotiations, promises, proposals (including Contractor's Proposal), and agreements between the Parties, whether written or oral.

The. Parties acknowledge this document has been executed with the consent and upon the advice of counsel. Each of the Parties acknowledges that no Party or agent or attorney of any other party has made any promise, representation, or warranty, express or implied, not contained in this Agreement, to induce the other Party to execute this instrument.

15.2 SECTION HEADINGS
The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions.

15.3 REFERENCES TO LAWS AND OTHER AGREEMENTS
All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided.

15.4 INTERPRETATION
This Agreement, including the Exhibits attached hereto, shall be interpreted and construed reasonably and neither for nor against either Party, regardless of the degree to which either Party participated in its drafting.

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Diamond Bar – WM 112 Franchise Agreement for Solid Waste Services

15.5 AGREEMENT
This Agreement may not be modified or amended in any respect except by a writing sighed by the Parties.

15.6 SEVERABILITY
Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and that same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate the purposes of this Agreement and/ or the rights and obligations of the parties hereto.

15.7 EXHIBITS
Each of Exhibits identified as Exhibit "1” through "8” is attached hereto and incorporated herein and made a part hereof by this reference.

15.8 ATTORNEYS’ FEES
If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding between the Parties in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to recover its reasonable attorney' s fees and costs from the opposing Party. Attorneys' fees shall include attorney' s fees on any appeal. A Party entitled to attorney' s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, expert fees, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action.
[SIGNATURE PAGE FOLLOWS]

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Diamond Bar – WM 113 Franchise Agreement for Solid Waste Services IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year first above written.

WASTE MANAGEMENT COLLECTION
CITY OF DIAMOND BAR AND RECYCLING, INC.

By: By:

Dan Fox Mike Hammer
City Manager President, So. Cal. Area
Approved as to form:

By:

By: Steve Kanow
Omar Sandoval Vice President, So. Cal. Area
City Attorney
ATTEST:

By:

Kristina Santana
City Clerk

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Diamond Bar – WM 114 Franchise Agreement for Solid Waste Services EXHIBITS 1-8:

Exhibit 1: Maximum Monthly Rates
Exhibit 2: Rate Adjustment Procedure
Exhibit 3: List of Designated Facilities
Exhibit 4: List of Diversion Program Materials
Exhibit 5: Corporate Guaranty
Exhibit 6: Contractor’s Faithful Performance Bond
Exhibit 7: Report Format
Exhibit 8: Contractor’s Proposal

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EXHIBIT 1 - MAXIMUM MONTHLY RATES
City of Diamond Bar - WM Page 1 of 3 Solid Waste Services Franchise Agreement

TRASH CONTAINERS
Frequency of Collections per Week
Size/Type 1 2 3 4 5 6
Addl
Pickup
70 Gal Cart $38.37 $69.07 $99.77 $130.47 $161.17 $191.87 $46.45 98 Gal Cart $55.74 $100.33 $144.91 $189.50 $234.09 $278.68 $46.45

1.5 CY - 1st Bin $101.94 $183.50 $265.05 $346.60 $428.16 $509.71 $46.45 Each Addl Bin $91.75 $165.15 $238.55 $311.95 $385.36 $458.76 $46.45 2 CY - 1st Bin $116.75 $210.15 $303.55 $396.95 $490.35 $583.75 $46.45 Each Addl Bin $105.06 $189.11 $273.16 $357.21 $441.27 $525.32 $46.45 3 CY - 1st Bin $144.54 $260.18 $375.81 $491.45 $607.08 $722.72 $46.45 Each Addl Bin $130.08 $234.14 $338.21 $442.27 $546.33 $650.40 $46.45 4 CY - 1st Bin $183.00 $329.40 $475.80 $622.20 $768.61 $915.01 $46.45 Each Addl Bin $164.68 $296.43 $428.17 $559.92 $691.67 $823.41 $46.45 6 CY - 1st Bin $218.44 $393.19 $567.94 $742.70 $917.45 $1,092.20 $46.45 Each Addl Bin $196.59 $353.87 $511.14 $668.41 $825.69 $982.96 $46.45

TRASH COMPACTORS
Frequency of Collections per Week
Size/Type 1 2 3 4 5 6
Addl
Pickup
2 CY Compactor $233.50 $420.30 $607.10 $793.89 $980.69 $1,167.49 $92.89 3 CY Compactor $289.09 $520.36 $751.62 $982.89 $1,214.16 $1,445.43 $92.89 4 CY Compactor $366.00 $658.80 $951.61 $1,244.41 $1,537.21 $1,830.01 $92.89

RECYCLING CONTAINERS
Frequency of Collections per Week
Size/Type 1 2 3 4 5 6
Addl
Pickup
70 Gal Cart $19.19 $34.54 $49.89 $65.24 $80.59 $95.94 $23.23 98 Gal Cart $27.87 $50.17 $72.46 $94.75 $117.05 $139.34 $23.23

1.5 CY - 1st Bin $50.97 $91.75 $132.53 $173.30 $214.08 $254.86 $23.23 Each Addl Bin $45.88 $82.58 $119.28 $155.98 $192.68 $229.38 $23.23 2 CY - 1st Bin $58.38 $105.08 $151.78 $198.48 $245.18 $291.88 $23.23 Each Addl Bin $52.53 $94.56 $136.58 $178.61 $220.64 $262.66 $23.23 3 CY - 1st Bin $72.27 $130.09 $187.91 $245.73 $303.54 $361.36 $23.23 Each Addl Bin $65.04 $117.07 $169.11 $221.14 $273.17 $325.20 $23.23

ORGANICS CONTAINERS
Frequency of Collections per Week
Size/Type 1 2 3 4 5 6
Addl
Pickup
70 Gal Cart $38.37 $69.07 $99.77 $130.47 $161.17 $191.87 $46.45 98 Gal Cart $55.74 $100.33 $144.91 $189.50 $234.09 $278.68 $46.45 2 CY - 1st Bin $116.75 $210.15 $303.55 $396.95 $490.35 $583.75 $46.45 Each Addl Bin $105.06 $189.11 $273.16 $357.21 $441.27 $525.32 $46.45

7.1.d
Packet Pg. 434
EXHIBIT 1 - MAXIMUM MONTHLY RATES
City of Diamond Bar - WM Page 2 of 3 Solid Waste Services Franchise Agreement

OTHER SERVICES
Frequency of Collections per Week
Size/Type 1 2 3 4 5 6
Scout Service $78.00 $156.00 $234.00 $312.00 $390.00 $468.00 Container Lock Charge $15.00 $30.00 $45.00 $60.00 $75.00 $90.00 Enclosure Lock Charge $15.00 $30.00 $45.00 $60.00 $75.00 $90.00 Sunday Service - Each Service $75.00
Valet Service for Carts $30.00 $60.00 $90.00 $120.00 $150.00 $180.00

7.1.d
Packet Pg. 435
EXHIBIT 1 - MAXIMUM MONTHLY RATES
City of Diamond Bar - WM Page 3 of 3 Solid Waste Services Franchise Agreement ROLL OFF BOX HAULING SERVICE Rate
Roll off boxes and compactors (all sizes). Includes delivery and removal. $321.28 per haul Roll off boxes and compactors (all sizes). Includes delivery and removal.

Customer owned equipment. $321.28 per haul
ROLL OFF BOX DISPOSAL / PROCESSING / OTHER FEES Rate
Solid waste (transfer only - no processing) $90.00 perton Solid waste processing (MRF) 1 $90.00 perton
Commingled recyclables processing $125.00 perton
Segregated green waste $120.00 perton
Segregated food waste $155.00 perton
Organics $155.00 perton
C&D processing 2 $125.00 perton
Roll-off box cleaning beyond one (1) per year. $160.00 per event Redelivery/Return trip/Dry run $200.00 per event
Temporary roll-off daily rental after 7 days with no dump $35.00 per day Relocation fee $200.00 per event
Sunday service surcharge $100.00 per event
TEMPORARY BIN SERVICE Rate
3 CY bin - deliver, pickup and one dump $185.00 per event 3 CY bin additional dump $135.00 per event
6 CY bin - deliver, pickup and one dump $210.00 per event 6 CY bin additional dump $160.00 per event
Daily rental after 7 days $30.00 Per Day
BULKY ITEM COLLECTION Rate
MFD bulky item pickup - beyond four (4) pickup collection events per year. $60.00 Per event Commercial bulky item pickup - per collection event. $60.00 Per event Commercial bulky item pickup - per item. $15.00 Per Item OTHER FEES Rate
Bin cleaning bin fee beyond one (1) per year. $100.00 per event Enclosure clean-out fee due to overflowing containers. $100.00 per event Return trip fee on scheduled pickup day. $75.00 per event Service reinstatement fee after suspension for non-payment $35.00 per event Bin Exchange beyond once per Agreement Year $125.00 per event Contamination fee upon third and subsequent occurrence in 12-month period. $100.00 per event Late payment charge (unpaid balance each month after 30 days past due date) 1.50% per month Emergency service - 1 Crew & 1 Truck $250.00 per hour

7.1.d
Packet Pg. 436
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 1 Franchise Agreement for Solid Waste Services Applications for rate adjustments shall be prepared in accordance with the procedures provided herein together with an Excel Worksheet entitled Exhibit 2 Rate Adjustment Procedure.

The rate adjustment calculation shall be prepared by completing the separate tabs in the Excel Worksheet; Tab 1A – Commercial Cart and Bin, TAB 1B – Roll Off Box Hauling, Tab 1C – Other Services, and Tabs 2A and 2B which contain the previous period rates. Tabs 3A – Adjusted Commercial Rates and Tab 3B – Adjusted Roll Off & Other Rates will automatically calculate the adjusted rates based on the input into the previous worksheets.

1. Procedure for Commercial Carts & Bins Service – TAB 1A Step One: Calculate Collection Component Percentage Change.

Table 1 – Tab 1A Example of Step One
The Collection Cost Component shall be calculated based on the following Cost Categories and Indices.

Cost Category Index
Labor Driver rates based on labor agreement.

Fuel Producer Price Index WPU05522101 – Commodity data for Fuels and related products and power-Commercial natural gas, not seasonally adjusted.

Equipment Producer Price Index PCU33612-33612 – Industry data for Heavy duty truck manufacturing, not seasonally adjusted.

All Other Consumer Price Index CUURS49ASA0L1E – All items less food and energy in Los AngelesLong Beach-Anaheim, CA, all urban consumers, not seasonally adjusted.

The following procedural steps are for completing Step One in Tab 1A – Commercial Carts & Bins Service (refer to Table 1 above.)
1) In Column A, enter the “Previous Period Index Value” for each cost category. The values in this worksheet serve as an example only. For Rate Year July 1, 2026 rate adjustment application, the "Previous Period Index Value" shall be the annual average values of the indices for the year ending December 2025. (Refer to Section 4 for example of annual average calculation)

A B C D E F
Row Cost Category
Previous Period
Index Value 1
New Index
Value 2
Percent Change in Index
(COL B - COL A) / COL A
Component
Weighting 3
Weighted
Percentage
Change
(COL C * COL
D)
Index
Source
1 Labor 26.2500 27.0400 3.0095% 21.5000% 0.6470% Note 12 2 Fuel 299.7508 270.7215 -9.6845% 2.3000% -0.2227%
3 Equipment 156.7432 160.3549 2.3042% 13.0000% 0.2995%
4 Other (Except Material Handling) 305.4580 316.9430 3.7599% 35.0000% 1.3160% 5 Total Collection Component 71.8000% 2.0398%
STEP ONE: Calculate Collection Component Percentage Change

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Packet Pg. 437
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 2 Franchise Agreement for Solid Waste Services For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the "Previous Period Index Value" shall be the indices values from the previous year's rate adjustment application Column B.
2) In Column B, enter the "New Index Value" for each cost category. The “New Index Value” shall be the annual average values of the indices ending December of the prior year. 3) In Column D, enter the “Component Weighting” for each cost category. The values entered in Table 1, Column D were derived from the Contractor’s proposal and shall be used in the Rate Year July 1, 2026 rate adjustment application.

For Subsequent rate adjustment applications beginning with Rate Year July 1, 2027, "Component Weightings" shall be as calculated in Step 6.

Step Two: Calculate Material Handling Component Percentage Change.

Table 2 – Tab 1A Example of Step Two
The following procedural steps are for completing Step Two in Tab 1A – Commercial Carts & Bin Service (refer to Table 2 above).
1) In Column G, enter the “Previous Period Index Value” for the material handling. The values in this worksheet serve as an example only. For the Rate Year July 1, 2026 rate adjustment application, the "Previous Period Index Value" shall be the per ton tipping fee in effect at Puente Hills MRF in December 2025.

For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the "Previous Period Index Value" for the material handling component shall be the per ton tipping fee from the previous year’s rate adjustment application Column H. 2) In Column H, enter the "New Index Value" for the material handling component. The “New Index Value” shall be the per ton tipping fee in effect at Puente Hills MRF in December of the previous year.

G H I
Cost Component
Previous Period
Index Value 4
New Index
Value 5
Percent Change in Index
(COL H - COL H) / COL H
6 Material Handling 87.26 90.00 3.1400%
STEP TWO: Calculate Material Handling Component Percentage Change

7.1.d
Packet Pg. 438
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 3 Franchise Agreement for Solid Waste Services Step Three: Calculate Material Handling Component Index.

Table 3 – Tab 1A Example of Step Three
The following procedural steps are for completing Step Three in Tab 1A – Commercial Carts & Bins Service (refer to Table 3 above.)
1) Material handling facilities listed in Table 3 above are the material handling facilities planned for use under this agreement as proposed by Contractor in their Proposal. 2) In Column J, enter the Previous Period Tipping Fee for the material handling facilities. The values entered in Table 3, Column K were provided by the Contractor in their Proposal and proposal and shall be used in the Rate Year July 1, 2026 rate adjustment application.

For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the "Previous Period Tipping Fee" values shall be the values from the previous year's rate adjustment application Column N.
3) In Column K, enter the Previous Period Tonnage delivered to each of the material handling facilities. The values entered in Table 3, Column K were provided by the Contractor in their Proposal and shall be used in the Rate Year July 1, 2026 rate adjustment application. 4) In Column O, enter the total tons delivered to each facility for the previous 12-month period ending December 31st.

Step Four: Calculate Percentage Change in Weighted Material Handling Component Index.

Table 4 – Tab 1A Example of Step Four
The following procedural steps are for completing Step Four in Tab 1A – Commercial Carts & Bins Service (refer to Table 4 above).

J K L M N O P
Row Material Handling Facilities 6
Previous
Period
Tipping Fee 7
Previous
Period
Tonnage 8
Previous Period
Material
Handling Cost
(COL J * COL K)
Percent Change
in Index (COL I
Row 6)
Adjusted
Tipping Fee
(COL J * COL
M)
12 Month
Period
Ending
December
Tonnage 9
New Material
Handling Cost
(COL N * COL O)
7 GCR&T Refuse Transfer to El Sobran $63.48 9,497.0 $602,869.56 3.140% $65.47 6,173.0 $404,166.67 8 Recycling Processing Azusa MRF $120.66 244.0 $29,441.04 3.140% $124.45 1,669.0 $207,705.00 9 Organics Transfer Synagro $100.79 252.0 $25,399.08 3.140% $103.95 2,151.0 $223,606.88 10 Unused $0.00
11 Totals 9,993.0 $657,709.68 9,993.0 $835,478.55
12 Material Handling Index Value Prior Period (L11 / K11) >> $65.8170 New Value (P11 / O11) >> $83.6064 STEP THREE: Calculate Material Handling Component Index

Q R S T U
Row Cost Component
Previous Index
Value
(COL L, ROW 12)
New Index Value
(COL P, ROW 12)
Percent Change in
Index
(COL Q - COL R) / COL Q
Component
Weighting 10
Weighted
Percentage
Change
13 Material Handling Component 65.8170 83.6064 27.0285% 28.2000% 7.6220% STEP FOUR: Calculate Percentage Change in Weighted Material Handling Index

7.1.d
Packet Pg. 439
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 4 Franchise Agreement for Solid Waste Services 1) In Column T, Row 13, enter the Component Weighting for material handling.

The value entered in Table 4, Column T was derived from the Contractor’s Proposal and shall be used in the Rate Year July 1, 2026 rate adjustment application.

For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the "Component Weighting" for the material handling component shall be as calculated in Step 6.

Step Five: Calculate The Permitted Percentage Rate Change.

Table 5 – Tab 1A Example of Step Five
The following procedural steps are for completing Step Five in Tab 1A – Commercial Carts & Bins Service (refer to Table 5 above).
1) Enter any “Allowed Carry Over” percentage from prior period(s) into Column W, Row 16. 2) The permitted percentage rate adjustment is calculated in Column Z, Row 16.

Step Six: Calculate Cost Component Weightings For Future Rate Adjustment Calculations.

Table 6 – Tab 1A Example of Step Six
In step six, the component weights are automatically reset to equal 100% for use in the subsequent rate adjustment.

V W X Y Z
Row Cost Component
This Period
Percentage
Rate
Adjustment
Allowed Carry
Over Previous
Period(s)
Total Allowed
Percentage Rate
Adjustment
(COL V + COL W)
Maximum 5%
any Rate Year
(Next Periods
Carryover) 11
Total Permitted
Percentage Rate
Adjustment
(COL X - COL Y) 11
14 Collection Component 2.0398%
15 Material Handling Component 7.6220%
16 Total 9.6600% 0.0000% 9.6600% 4.6600% 5.0000%
STEP FIVE: Calculate the Permitted Percentage Rate Change

AA AB AC AD AE
Row Cost Component
Component
Weighting This
Period
Percentage
Change as
Applied to Rate
Adjustment
Increase in Cost
Components
(COL AA * COL AB)
Cost Component
Increased
(COL AA + COL AC)
Cost Components
Reweighted to Equal
100% for Future
Adjustments
17 Labor 21.5000% 0.6470% 0.1391% 21.6391% 21.0532%
18 Fuel 2.3000% -0.2227% -0.0051% 2.2949% 2.2327%
19 Equipment 13.0000% 0.2995% 0.0389% 13.0389% 12.6859% 20 Other (Except Material Handling) 35.0000% 1.3160% 0.4606% 35.4606% 34.5005% 21 Material Handling Component 28.2000% 7.6220% 2.1494% 30.3494% 29.5277% 22 Total 100.0000% 9.6619% 2.7829% 102.7829% 100.0000%
STEP SIX: Calculate the Cost Components Weighting for Future Rate Adjustment Calculation

7.1.d
Packet Pg. 440
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 5 Franchise Agreement for Solid Waste Services

2. Procedure for Roll Off Box Hauling Service – Tab 1B
Step One: Calculate Collection Component Percentage Change.

Table 7 – Tab 1B Example of Step One
The Hauling Cost Component shall be calculated based on the following Cost Categories and Indices.

Cost Category Index
Labor Driver rates based on labor agreement.

Fuel Producer Price Index WPU05522101 – Commodity data for Fuels and related products and power-Commercial natural gas, not seasonally adjusted.

Equipment Producer Price Index PCU33612-33612 – Industry data for Heavy duty truck manufacturing, not seasonally adjusted.

All Other Consumer Price Index CUURS49ASA0L1E – All items less food and energy in Los AngelesLong Beach-Anaheim, CA, all urban consumers, not seasonally adjusted.

The following procedural steps are for completing Step One in Tab 1B – Roll Off Box Hauling (refer to Table 7 above).
1) In Column A, enter the “Previous Period Index Value” for each cost category. The values in this worksheet serve as an example only. For Rate Year July 1, 2026 rate adjustment application, the "Previous Period Index Value" shall be the annual average values of the indices for the year ending December 2025.

For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the "Previous Period Index Value" shall be the indices values from the previous year's rate adjustment application Column B.
2) In Column B, enter the "New Index Value" for each cost category. The “New Index Value” shall be the annual average values of the indices ending December of the prior year. 3) In Column D, enter the “Component Weightings” for each cost category. The values entered in Table 7, Column D were derived from the Contractor’s proposal and shall be used in the Rate Year July 1, 2026 rate adjustment application.

A B C D E F
Row Cost Category
Previous
Period Index
Value 1
New Index
Value 2
Percent Change
in Index (COL B -

COL A) / COL A
Component
Weighting 3
Weighted
Percentage Change
(COL C * COL D)
Index
Source
1 Labor 26.2500 27.0400 3.0095% 21.5000% 0.0065 Note 5
2 Fuel 299.7508 270.7215 -9.6845% 2.3000% (0.0022)
3 Equipment 156.7432 160.3549 2.3042% 13.0000% 0.0030
4 Other (Except Material Handling) 305.4580 316.9430 3.7599% 35.0000% 0.0132 5 Total Hauling Component 71.8000% 2.0398%
STEP ONE: Calculate Hauling Component Percentage Change

7.1.d
Packet Pg. 441
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 6 Franchise Agreement for Solid Waste Services For Subsequent rate adjustment applications, "Component Weightings" shall be as calculated in Step 3.

Step Two: Calculate The Permitted Percentage Rate Change.

Table 8 – Tab 1B Example of Step Two
The following procedural steps are for completing Step Two in Tab 1B – Roll Off Box Hauling (refer to Table 8 above).
1) Enter any “Allowed Carry Over” percentage from prior period(s) into Column H, Row 6. 2) The permitted percentage rate adjustment is calculated in Column K, Row 6.

Step Three: Calculate Cost Component Weightings For Future Rate Adjustment Calculations.

Table 9 – Tab 1B Example of Step Three
In step three, the component weights are automatically reset to equal 100% for use in the subsequent rate adjustment.

3. Procedure for Other Services – Tab 1C
The following procedure applies for Tab 1C – Other Services. Other Services are those that do not have a material handling component such as scout service, container lock, bin cleaning service, etc.

Step One: Calculate Service Cost Component Percentage Change Table 10 – Tab 1C Example of Step One

G H I J K
Row Cost Component
This Period
Percentage
Rate
Adjustment
Allowed Carry
Over Previous
Period(s)
Total Allowed
Percentage Rate
Adjustment
(COL G + COL H)
Maximum 5%
any Rate Year
(Next Periods
Carryover) 4
Total Permitted
Percentage Rate
Adjustment
(COL X - COL Y) 4
6 Hauling Component 2.0400% 0.0000% 2.0400% 0.0000% 2.0400% STEP TWO: Calculate the Permitted Percentage Rate Change

L M N O P
Row Cost Category
Component
Weighting
This Period
Percentage
Change as
Applied to Rate
Adjustment
Increase in
Cost
Components
(L * M)
Cost
Component
Increased
(L + N)
Cost Components
Reweighted to
Equal 100% for
Future Adjustments
7 Labor 21.5000% 0.6470% 0.1391% 21.6391% 29.8744%
8 Fuel 2.3000% -0.2227% -0.0051% 2.2949% 3.1683%
9 Equipment 13.0000% 0.2995% 0.0389% 13.0389% 18.0013%
10 Other 35.0000% 1.3160% 0.4606% 35.4606% 48.9560%
11 Total 71.8000% 2.0398% 0.6335% 72.4335% 100.0000%
STEP THREE: Calculate the Cost Components Weighting for Future Rate Adjustment Calculation

7.1.d
Packet Pg. 442
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 7 Franchise Agreement for Solid Waste Services The Service Component shall be calculated based on the following Cost Categories and Indices.

Cost Category Index
Labor Driver rates based on labor agreement.

Fuel Producer Price Index WPU05522101 – Commodity data for Fuels and related products and power-Commercial natural gas, not seasonally adjusted.

Equipment Producer Price Index PCU33612-33612 – Industry data for Heavy duty truck manufacturing, not seasonally adjusted.

All Other Consumer Price Index CUURS49ASA0L1E – All items less food and energy in Los AngelesLong Beach-Anaheim, CA, all urban consumers, not seasonally adjusted.

The following procedural steps are for completing Step One in Tab 1C – Other Services (refer to Table 10 above).
1) In Column A, enter the “Previous Period Index Value” for each cost category. The values in this worksheet serve as an example only. For Rate Year July 1, 2026 rate adjustment application, the "Previous Period Index Value" shall be the annual average values of the indices for the year ending December 2025.

For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the "Previous Period Index Value" shall be the indices values from the previous year's rate adjustment application Column B.
2) In Column B, enter the "New Index Value" for each cost category. The “New Index Value” shall be the annual average values of the indices ending December of the prior year. 3) In Column D, enter the “Component Weightings” for each cost category. The values entered in Table 10, Column D were derived from the Contractor’s proposal and shall be used in the Rate Year July 1, 2026 rate adjustment application.

For Subsequent rate adjustment applications, "Component Weightings" shall be as calculated in Step 3.

A B C D E F
Row Cost Category
Previous
Period Index
Value 1
New Index
Value 2
Percent Change
in Index (COL B -

COL A) / COL A
Component
Weighting 3
Weighted
Percentage Change
(COL C * COL D) Index Source
1 Labor 26.2500 27.0400 0.0301 0.2150 0.0065 Note 5
2 Fuel 299.7508 270.7215 (0.0968) 0.0230 (0.0022)
3 Equipment 156.7432 160.3549 0.0230 0.1300 0.0030
4 Other (Except Material Handling) 305.4580 316.9430 0.0376 0.6320 0.0238 5 Totals 100.0000% 3.1001%
STEP ONE: Calculate Percentage Change in Index

7.1.d
Packet Pg. 443
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 8 Franchise Agreement for Solid Waste Services Step Two: Calculate The Permitted Percentage Rate Change.

Table 11 – Tab 1C Example of Step Two
The following procedural steps are for completing Step Two in Tab 1C – Other Services (refer to Table 11 above).
1) Enter any “Allowed Carry Over” percentage from prior period(s) into Column H, Row 6. 2) The permitted percentage rate adjustment is calculated in Column K, Row 6.

Step Three: Calculate Cost Component Weightings For Future Rate Adjustment Calculations.

Table 12 – Tab 1C Example of Step Three
In step three, the component weights are automatically reset to equal 100% for us in the subsequent rate adjustment.

4. Procedure for Calculating Adjusted Rates – Tab 2A and 2B Step One: Enter the previous period Commercial Carts & Bin rates into Tab 2A Step Two: Enter the previous period Roll Off and Other Rates into Tab 2B For Rate Year July 1, 2026 rate adjustment application, the previous period rates shall be the approved rates for rate year 2024/2025. For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the previous period rates shall be the prior Rate Year’s approved rates.

G H I J K
Row
This Period
Percentage
Rate
Adjustment
Allowed
Carry Over
Prior
Period(s)
Total Allowed
Percentage
Rate
Adjustment
(COL G + COL
H)
Maximum 5%
any Rate Year
(Next Period
Carryover) 4
Total Permitted
Percentage Rate
Adjustment
(COL I - COL J) 4
6 Service Component 3.100% 0.000% 3.100% 0.000% 3.100%
STEP TWO: Calculate the Permitted Percentage Rate Change

L M N O P
Row Cost Category
Component
Weighting
This Period
Percentage
Change as
Applied to
Rate
Adjustment
Increase in
Cost
Components
(COL L * COL
M)
Cost
Component
Increased
(COL L + COL
N)
Cost Components
Reweighted to
Equal 100% for
Future
Adjustments
7 Labor 21.5000% 0.6470% 0.1391% 21.6391% 21.2827%
8 Fuel 2.3000% -0.2227% -0.0051% 2.2949% 2.2571%
9 Equipment 13.0000% 0.2995% 0.0389% 13.0389% 12.8242%
10 Other (Except Material Handling) 63.2000% 2.3763% 1.5018% 64.7018% 63.6361% 11 Total 100.0000% 3.1001% 1.6747% 101.6747% 100.0001%
STEP THREE: Calculate the Cost Components Weighting for Future Rate Adjustment Calculation

7.1.d
Packet Pg. 444
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 9 Franchise Agreement for Solid Waste Services Upon completion of the procedures established in Sections 1 through 4, the maximum rates will be calculated automatically in Tab 3A – Adjusted Commercial Rates, and Tab 3B – Adjusted Rolloff and Other Rates.

5. Average Annual Change in Published Indices
Fuel Index
The fuel rate adjustment index is calculated using the “average annual change” as demonstrated in the example below, measured for the 12 months ending December prior to the Rate Year anniversary date compared to the 12 months ending December in the previous year. The Bureau of Labor Statistics publishes the Producer Price Index for Fuels and Related Products and Power – Natural Gas.

In the example below, the average annual index for the 12 months ended December 2023 of 270.7215 is the “New Index Value,” for Fuel and it is to be entered into Column B, Row 2 of the Rate Adjustment Procedure worksheet Tabs 2A 1A - Carts & Bins, 1B – Roll Off Box Hauling, and 1C – Other Services.

The average annual index for the 12 months ended December 2022 of 299.7508 is the “Previous Index Value” for fuel and it is to be entered into Column A, Row 2 of the Rate Adjustment Procedure worksheet Tabs 2A 1A - Carts & Bins, 1B – Roll Off Box Hauling, and 1C – Other Rates.

This would result in a 9.6845% decrease to the Fuel cost category of rates as calculated in Column C, Row 2 in Tabs 1A, 1B, and 1C.

PPI Commodity Data
Series Id: WPU05522101
Not Seasonally Adjusted
Series Title: PPI Commodity data for Fuels and related products and power-Commercial natural gas, not seasonally adjusted
Group: Fuels and related products and power
Item: Commercial natural gas, Pacific
Base Date: 199012
Source: https://data.bls.gov/timeseries/WPU05522101
PPI Commodity Data
Series Id: WPU05522101
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 195.0000 202.2000 216.3000 209.1000 206.2000 201.6000 203.1000 197.1000 195.3000 191.4000 193.6000 198.3000 200.7667 2015 196.6000 189.8000 183.1000 175.0000 169.3000 173.6000 173.5000 174.9000 171.0000 170.4000 171.1000 171.1000 176.6167 2016 173.1000 171.4000 164.2000 163.2000 161.4000 161.7000 170.3000 176.5000 176.5000 178.5000 183.4000 184.5000 172.0583 2017 192.1000 190.7000 188.5000 188.8000 188.1000 190.2000 187.4000 187.3000 185.8000 184.8000 190.9000 194.0000 189.0500 2018 193.1000 201.0000 195.8000 190.5000 184.6000 183.7000 185.1000 188.9000 186.1000 185.1000 191.3000 203.0000 190.6833 2019 203.5000 199.7000 198.5000 193.8000 187.0000 186.6000 185.4000 188.5000 184.4000 185.6000 190.9000 193.4000 191.4417 2020 195.1000 191.2000 187.3000 180.7000 178.8000 180.7000 178.5000 181.4000 185.6000 184.8000 200.8000 202.2000 187.2583 2021 206.2000 208.3000 212.7000 213.9000 215.9000 222.1000 223.6250 232.5240 238.5540 254.8440 267.3180 267.6130 230.2982 2022 269.8120 267.5040 265.5180 273.0230 291.6530 317.0510 306.7300 321.1900 330.3090 317.9990 312.2300 323.9900 299.7508 2023 364.2930 318.3540 282.9800 260.5790 244.8270 242.0070 246.6130 251.0810 245.7170 250.4990 269.6930 272.0150 270.7215 2024 272.211(P) 273.192(P)
-9.6845%
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication.

Percent Change in Index (270.72150 - 299.7508) / 299.7508

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Packet Pg. 445
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 10 Franchise Agreement for Solid Waste Services Equipment Index
The PPI rate adjustment index is calculated using the “average annual change” as demonstrated in the example below, measured for the 12 months ending December prior to the Rate Year anniversary date compared to the 12 months ending December in the previous year.

In the example below, the average annual index for the 12 months ended December 2023 of 160.3549 is the “New Index Value,” for Equipment and it is to be entered into Column B, Row 3 of the Rate Adjustment Procedure worksheet Tabs 1A – Commercial Carts & Bins, 1B-Roll Off Box Hauling, and 1C – Other Services.

The average annual index for the 12 months ended December 2022 of 156.7432 is the “Previous Period Index Value” and it is to be entered into Column A, Row 3 of Tab 1A – Commercial Carts & Bins, 1B-Roll Off Box Hauling, and 1C – Other Services.

This would result in a 2.3042% increase in the Equipment cost category of the rates as calculated in Column C, Row 3 of Tabs 1A, 1B, and 1C.

PPI Industry Data
Series Id: PCU33612-33612-
Series Title: PPI industry data for Heavy duty truck manufacturing, not seasonally adjusted Industry: Heavy duty truck manufacturing
Product: Heavy duty truck manufacturing
Base Date: 200312
Source: https://data.bls.gov/
CPI Index
The CPI rate adjustment index is calculated using the “average annual change” as demonstrated in the example below, measured for the 12 months ending December prior to the Rate Year anniversary date compared to the 12 months ending December in the previous year.

PPI Industry Data
Series Id: PCU33612-33612-
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 138.8000 139.2000 139.3000 139.1000 139.1000 139.1000 139.1000 139.4000 139.4000 139.6000 139.7000 139.6000 139.2833 2015 140.7000 140.9000 141.9000 141.9000 141.7000 141.7000 142.3000 142.4000 142.4000 142.5000 142.7000 142.9000 142.0000 2016 144.3000 144.3000 144.2000 144.6000 144.8000 144.6000 144.6000 144.8000 145.2000 145.0000 145.2000 145.4000 144.7500 2017 147.8000 147.6000 147.4000 148.2000 148.2000 147.3000 147.6000 147.7000 147.4000 147.0000 147.4000 147.5000 147.5917 2018 147.6000 148.5000 148.7000 148.5000 148.8000 148.8000 149.2000 150.3000 150.3000 150.3000 150.3000 150.3000 149.3000 2019 150.5000 150.5000 150.5000 150.5000 150.5000 150.5000 151.1000 151.1000 151.1000 151.1000 151.1000 151.1000 150.8000 2020 151.8000 151.8000 151.8000 151.8000 151.8000 151.8000 152.6000 152.6000 152.6000 152.7000 152.7000 152.9000 152.2417 2021 152.9000 152.9000 153.0000 153.1000 153.2000 153.4000 153.4500 153.7860 153.7860 153.8380 154.0220 154.0220 153.4503 2022 154.6460 154.7010 154.7010 154.7010 156.8450 157.5270 157.5460 157.6830 157.7430 158.1470 158.2320 158.4460 156.7432 2023 158.5920 159.4920 159.4940 159.6290 159.8490 160.3320 160.9030 160.9040 161.1860 161.2230 161.2880 161.3670 160.3549 2024 161.367(P) 161.633(P)
Percent Change in Index (160.3549 - 156.7432) / 156.7432 2.3042%

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EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 11 Franchise Agreement for Solid Waste Services In the example below, the average annual index for the 12 months ended December 2023 of 316.9430 is the “New Index Value” for Other (Except Material Handling) and it is to be entered into Column A, Row 4 of the Rate Adjustment Procedure worksheet Tabs 1A – Commercial Carts & Bins, 1B – Roll Off Box Hauling, and 1C – Other Services.

The average annual index for the 12 months ended December 2022 of 305.4580 is the “Previous Period Index Value” for Other (Except Material Handling) and it is to be entered into Column A, Row 4 of the Rate Adjustment Procedure worksheet Tabs 1A – Commercial Carts & Bins, 1B – Roll Off Box Hauling, and 1C – Other Services.

This would result in a 3.7599% increase to the Other (Except Material Handling) cost category of the rates as calculated in Column C, Row 4 of Tabs 1A, 1B, and 1C.

CPI for All Urban Consumers (CPI-U)
Series Id: CUURS49ASA0L1E
Not Seasonally Adjusted
Series Title: All items less food and energy in Los Angeles-Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted
Area: Los Angeles-Long Beach-Anaheim, CA
Item: All items less food and energy
Base Period: 1982-84=100
Source: https://data.bls.gov/timeseries/CUURS49ASA0L1E
Consumer Price Index for All Urban Consumers (CPI-U)
Series Id: CUURS49ASA0L1E
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 239.084 239.908 240.322 240.507 240.366 240.46 240.981 241.574 242.016 242.36 241.842 241.491 240.90900 2015 242.003 242.806 243.957 244.138 244.8 245.236 245.394 245.896 246.488 247.539 248.12 248.14 245.37600 2016 249.652 251.059 251.438 251.672 253.179 253.074 253.042 253.775 253.898 254.388 253.711 253.882 252.73100 2017 256.209 257.518 257.903 258.472 258.872 258.924 260.02 260.698 261.277 262.829 262.656 262.96 259.86200 2018 264.641 266.332 267.434 267.945 268.532 268.094 268.484 268.939 271.259 271.982 271.552 270.898 268.84100 2019 273.579 273.716 274.954 276.185 276.421 277.384 277.59 278.131 278.935 279.732 279.781 278.812 277.10200 2020 281.022 282.124 280.815 280.885 281.34 282.329 283.839 283.752 282.712 283.055 283.873 282.907 282.38800 2021 282.846 282.86 283.389 286.255 287.323 288.958 290.279 290.327 291.056 292.702 294.154 295.428 288.79800 2022 298.501 299.588 300.952 302.803 304.024 306.206 306.958 308.463 309.292 310.31 309.578 308.824 305.45800 2023 312 313.159 313.828 316.523 317.11 318.489 317.529 319.163 319.091 318.577 318.392 319.457 316.94300 2024 323.601 325.02
Percent Change in Index (316.9430 - 305.4580) / 316.9430 3.7599%

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EXHIBIT 3 – LIST OF DESIGNATED FACILITIES
City of Diamond Bar – DRAFT 1 Franchise Agreement for Solid Waste Services Contractor designates the following Solid Waste Facilities for Solid Waste Collected in CITY.

1. Transfer Facilities
a. Pomona Valley Transfer Station (SWIS #: 19-AA-1128), 1371 E. 9th St., Pomona, CA 91766 is the primary facility forthe delivery andtransfer of solid waste collected in theCity. b. Grand Central Recycling and Transfer Station (SWIS #: 19-AA-1042) 999 Hatcher Avenue Industry, CA 91748 is the secondary facility for delivery and transfer of solid waste collected in the City.

2. Mixed Recycling Facility
a. Azusa Material Recycling Facility (SWIS #: 19-AA-1127), 1501 W. Gladstone Azusa, CA 91701 is the primary facility for the delivery and diversion of source-separated mixed recycling.

3. Organic Waste Facility
a. South Valley Compost Site (SWIS #: 54-AA-0026) 24487 Road 140, Tulare, CA 93274. b. South Kern Industrial Center Compost Facility (SWIS #: 15-AA-0381) 2653 Santiago Road Taft, CA 93268.
c. WM Pala Composting Facility 12802 CA-76, Pala, CA 92059. d. Ecology Compost 59260 Highway 72, Salome, AZ 85348.

4. Construction and Demolition Waste
a. Downtown Diversion, Inc (DDI) (SWIS #: 33-AA-0258) is the primary facility for the delivery and diversion of construction and demolition waste.
b. Maitri Road Recycling (SWIS #: 33-AA-0359) 24980 Maitri Rd. Corona, CA 92883.

5. Disposal Facilities
a. El Sobrante Landfill (SWIS #: 33-AA-0217), 10910 Dawson Canyon Rd, Corona, CA, 92883 is the primary facility forthe delivery anddisposal of solidwaste collected in theCity.

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EXHIBIT 4 – LIST OF DIVERSION PROGRAM MATERIALS
City of Diamond Bar – DRAFT 1 Franchise Agreement for Solid Waste Services

1. Accepted & Prohibited Materials
Contractor shall collect the accepted materials listed below for the Commercial Recycling program and the Commercial Organics Recycling program.

COMMERCIAL RECYCLING
Accepted Materials Prohibited Materials
Cardboard
Cardboard, chipboard / boxboard Mil/Juice cartons
egg cartons.

Wax-cardboard
Paper
White paper, colored paper, envelopes, junk mail,
soft cover books/manuals, glossy paper, shredded
paper, brown paper bags, packaging, wrapping
paper, and carbonless paper.

Paper tissues, paper towels, paper with plastic
coating (i.e. photographs, label paper), paper with
food, waxed paper, foil lined paper, hard cover
books / manuals, Tyvek (non-tearing) envelopes,
and non-paper bags.

Plastic
Empty PET bottles #1, HDPE bottles #2, Plastics
#3, #4, #6, and #7, HDPE bottles #5.

Plastic liners (i.e. ceral bags), bubble wrap,
plastic, film.

Aluminum & Tin
Empty aluminum cans, empty aerosol cans, pie
tins, tin cans, loose jar lids.

Glass
Glass including empty glass beverage containers,
empty gloss food containers, all glass colors.

Windows, mirrors, dishware, ceramics, light
bulbs, fluorescent tubes, Pyrex or similar
material.

Other
Wood furniture, Styrofoam, solid waste,
hazardous waste, fiberglass materials, tarps,
textiles, clothes, shoes, E-Waste, U-Waste and
small manufactures goods (e.g. purses,
handbags, and backpacks.)

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EXHIBIT 4 – LIST OF DIVERSION PROGRAM MATERIALS
City of Diamond Bar – DRAFT 2 Franchise Agreement for Solid Waste Services

COMMERCIAL ORGANICS RECYCLING
Accepted Materials Prohibited Materials
Food Waste
Food scraps, meats, dairy, eggs, fish, fruits,
vegetables, coffee grounds, and bakery items.

Food Soiled Paper Goods
Coffee filters, tea bags, soiled paper bags, paper
towels, napkins and uncoated take-out containers.

Yard Waste
Small tree limbs, brush, plant materials or grass.
(branches limited to 3” in diameter)
No Compostable Serveware
No Plastic Bags or Film
No Disposable Containers
No Foam Cups & Containers
No Fats, Oils, or Greases
No Rocks, dirt, or soil
No Hazardous Waste or Batteries

2. Changes to Accepted Materials
Contractor may update the list of accepted materials to reflect changes in markets, recyclability of materials, or acceptance by processor by giving sixty (60) days’ advance written notice to City and thirty (30) day advance written notice to Customers.

Any changes in the list of accepted materials shall also be accompanied by either a new Container label or a graphic sticker affixed by Contractor to Containers which clearly indicate the updated listing of materials accepted and not accepted, or through the use of a Quick Response Code (QR Code) affixed by Contractor to Containers from which Commercial Customers can access the updated listing of materials accepted and not accepted using a smart phone or tablet.

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EXHIBIT 6

CORPORATE GUARANTY
Guaranty
THIS GUARANTY (the “Guaranty) is given as of the ___ day of ___________, 2022.

THIS GUARANTY is made with reference to the following facts and circumstances:

A. ______________________, hereinafter (“Owner”) is a _______________________ organized under the laws of the State of ___________, which is wholly owned by _______________________. (Guarantor).

B. Owner and the City have negotiated an Agreement for Collection, processing, and Disposal of Solid Waste dated as of __________ ____, (hereinafter “Agreement”). A copy of this Agreement is attached hereto.

C. It is a requirement of the Agreement, and a condition to the City entering into the Agreement, that Guarantor guaranty Owner’s performance of the Agreement.

D. Guarantor is providing this Guaranty to induce the City to enter into the Agreement.

NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows:

1. Guaranty of the Agreement. Guarantor hereby irrevocably and unconditionally guarantees to the City the complete and timely performance, satisfaction and observation by Owner of each and every term and condition of the Agreement which Owner is required to perform, satisfy or observe. In the event that Owner fails to perform, satisfy or observe any of the terms and conditions of the Agreement, Guarantor will promptly and fully perform, satisfy or observe them in the place of the Owner or cause them to be performed, satisfied or observed. Guarantor hereby guarantees payment to the City of any damages, costs or expenses which might become recoverable by the City from Owner due to its breach of the Agreement.

2. Guarantor’s Obligations Are Absolute. The obligations of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, and with respect to any payment obligation of Owner under the Agreement, shall constitute a guarantee of payment and not of collection, and are not conditional upon the genuineness, validity, regularity or enforceability of the Agreement. In any action brought against the Guarantor to enforce, or for damages for breach of, its obligations hereunder, the Guarantor shall be entitled to all defenses, if any, that would be available to the Owner in

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EXHIBIT 6

CORPORATE GUARANTY
an action to enforce, or for damages for breach of, the Agreement (other than discharge of, or stay of proceedings to enforce, obligations under the Agreement under bankruptcy law).

3. Waivers. Except as provided herein the Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under it for any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or cessation of existence of the Owner; (2) the actual or purported rejection by a trustee in bankruptcy of the Agreement, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreement; (3) any waiver with respect to any of the obligations of the Agreement guaranteed hereunder or the impairment or suspension of any of the City’s rights or remedies against the Owner; or (4) any merger or consolidation of the Owner with any other corporation, or any sale, lease or transfer of any or all the assets of the Owner. Without limiting the generality of the foregoing, Guarantor hereby waives the rights and benefits under California Civil Code Section 2819.

The Guarantor hereby waives any and all benefits and defenses under California Civil Code Section 2846, 2849, and 2850, including without limitation, the right to require the City to (a) proceed against Owner, (b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c) pursue any other right or remedy for Guarantor’s benefit, and agrees that the City may proceed against Guarantor for the obligations guaranteed herein without taking any action against Owner or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the City may hold now or hereafter hold. City may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against Owner or any other guarantor or pledgor without impairing the City’s rights and remedies in enforcing this Guaranty.

The Guarantor hereby waives and agrees to waive at any future time at the request of the City to the extent now or then permitted by Applicable Law, any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not affect the liability of the Guarantor hereunder: (a) at any time or from time to time, without notice the Guarantor, performance or compliance herewith is waived; (b) any other of any provision of its Agreement indemnification with respect to Owner’s obligations under the Agreement or any security

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EXHIBIT 6

CORPORATE GUARANTY
therefore is released or exchanged in whole or in part or otherwise dealt with; or (c) any assignment of the Agreement is effected which does not require the City’s approval.

The Guarantor hereby expressly waives diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non-payment or nonperformance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, Guarantor’s obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from the City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or Owner prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding.

4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of the Agreement have been fully performed or otherwise discharged and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by the City of any performance bond or other collateral to assure the performance of Owner’s obligations under the Agreement. Guarantor shall not be released of its obligations hereunder so long as there is any claim by the City against Owner arising out of the Agreement based on Owner’s failure to perform which has not been settled or discharged.

5. No Waivers. No delay on the part of the City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right of the City to take other or further action without notice or demand. No modification or waiver of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiver be effective except in the specific instance or matter for which it is given.

6. Attorney’s Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees in the event of Guaranty’s breach of its obligations to pay reasonable attorney’s fees and all other reasonable costs and expenses incurred by the City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder.

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EXHIBIT 6

CORPORATE GUARANTY

7. Governing Law: Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into in and pursuant to the laws of the State of California and shall be governed and construed in accordance with the laws of California without regard to its conflicts of laws, rules for all purposes including, but not limited to, matters of construction, validity and performance. Guarantor agrees that any action brought by the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts. Guarantor appoints the following person as its agents for service of process in California:
___________
___________
___________
___________
With a copy by certified mail to:
___________
___________
___________
___________

8. Severability. If any portion of this Guaranty is held to be invalid or unenforceable, such invalidity will have not have an effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect.

9. Binding On Successors. This Guaranty shall inure to the benefit of the City and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets and its shareholder(s) in the event of its dissolution or insolvency.

10. Authority. Guarantor represents and warrants that it has the corporate power and authority to give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Article of Incorporation and By-Laws, and that the person signing this Guaranty on its behalf has the authority to do so.

11. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows:

To the City: City Manager

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EXHIBIT 6

CORPORATE GUARANTY
City of Diamond Bar
21810 Copley Driver
Diamond Bar, CA 91765
with a copy to the City Counsel at the same address.

To the Guarantor: ___________
___________
___________
___________
___________
___________
___________
___________
By: ______________________
(title)
By: ______________________
(title)

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EXHIBIT 6
CONTRACTOR’S FAITHFUL PERFORMANCE BOND
Guaranty
KNOW ALL MEN BY THESE PRESENTS:

That , a California , as PRINCIPAL, and ,
a Corporation organized and doing business by
virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as SURETY, are held and firmly bound to City, hereinafter called OBLIGEE, in the penal sum of one-hundred twenty-five thousand dollars ($125,000) lawful money of the United States, for the payment of which, well and truly to be made, we and each of us hereby bind ourselves, and our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT:

WHEREAS, the above bounden PRINCIPAL has entered into a contract, entitled "SOLID WASTE SERVICE FOR THE CITY OF DIAMOND BAR" with City, to do and perform the following work, to wit: Collect, Process and Dispose of Solid Waste generated within City, in accordance with the contract.

NOW, THEREFORE, if the above bounden PRINCIPAL shall well and truly perform, or cause to be performed each and all of the requirements and obligations of said contract to be performed by said PRINCIPAL, as in said contract set forth, then this BOND shall be null and void; otherwise it will remain in full force and effect.

And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

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EXHIBIT 6
CONTRACTOR’S FAITHFUL PERFORMANCE BOND
In the event suit is brought by OBLIGEE to enforce the provisions of this bond, said Surety will pay to OBLIGEE a reasonable attorney’s fee, plus costs of suit, in an amount to be fixed by the court.

IN WITNESS WHEREOF, said PRINCIPAL and said SURETY have caused these presents to be duly signed and sealed this DAY OF 20 .
a California Corporation SURETY
By: By:
(PRINCIPAL) (ATTORNEY IN FACT)
(SEAL) (SEAL)

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Exhibit 7

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January February March April May June July August September October November December Yearly Facility Name RDRS # Tons DirectHaul Tons
Residual
Tonnage Collected By Service Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Totals Landfills Recurring Service 1-
MSW 2-
Recycle Residual 3-
Special Collection Residual MRFs
Bulky Items 1-
Recycle 2-
Organics 3-
White Goods Recycling Facilities
Special Collections Recycled 1-
E-Waste 2-
Total Tonnage Collected 3-
Recurring Service Diversion % C&D Facilities
Roll Off 1-
C&D Recycle 2-
C&D Residual 3-
Recycle Total Tonnage - -
MSW
Total Tonnage Collected
Roll Off Diversion %
Temporary Bins
C&D
Recycle
MSW
Total Tonnage Collected
Temporary Service Diversion %
Total Tonnage Collected (All Services)
Landfilled
Recycled
Organics
Total Tons Collected
Total Tons Diverted
Total Diversion % All Services

CITY OF DIAMOND BAR TONNAGE REPORT
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Material January February March April May June July August September October November December Total Cardboard
HDPE Plastic
Old Newspaper
Tin
PET Plastic
Tubs Lids
Bulky Plastic
Aseptic
Film Plastic
3 Mix Glass
Plastic 3-7
Scrap Metal
Aluminum
Mixed Paper
Plastic Bags
Oil/Gal
Appliances
Total

RECYCLING TONNAGE SUMMARY
2 7.1.d
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SB 1383 Compliance January February March April May June July August September October November December Total Accounts
Total Units
Accounts Mandated to
Recycle Organics
Accounts Recycling
Organics
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Waivers
Accounts NOT recycling
Organics
Total Accounts
Total Units
Accounts Mandated to
Recycle Organics
Accounts Recycling
Organics
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Waivers
Accounts NOT recycling
Organics
AB 341 Compliance January February March April May June July August September October November December Total Accounts
Total Units
Accounts Mandated to
Recycle
Accounts Recycling
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Accounts NOT recycling
Total Accounts
Total Units
Accounts Mandated to
Recycle
Accounts Recycling
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Accounts NOT recycling
Compliance Issue
(AB341/SB1383) Customer Address Phone Email
Businesses
Multi-Family
Businesses
Multi-Family
List Non-Compliant Accounts
3 7.1.d
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CUSTOMER SERVICE SUMMARY
Customer Calls January February March April May June July August September October November December Total Missed Pickups (MPU's)
Complaints (other than MPU's)
Service Requests- Bulky
Service Request- HHW
Billing Inquiries
General Inquiries
Number of C&D Projects
Other Customer Calls
Total Calls
Service Change Breakdown
Name Address Phone Change Service Service Level Mon Tue Wed Thu Fri Sat Notes Add organics 35 gal X Added organics to existing account Remove Closed Account
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Total # Sites Containers Contaminated % Notices # Contamination Trash Recycling Organics of Routes Surveyed Surveyed Containers Contaminated Provided Fee Route # Customers January
February
March
April
May
June
July
August
September
October
November
December
Totals
Route Review Results
Audit Date Route Auditor Customer Name Customer
Address
Cart Type
Audited Results (C/NC) % Contaminated Disposed as Trash (Y/N) Contamination
Fee (Y/N)
Contamination
Notes (Describe
contaminants)
Education
Method
Link to
Photo
ROUTES Month Route Summary

ROUTE REVIEW SUMMARY
5 7.1.d
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HOUSEHOLD HAZARDOUS WASTE COLLECTION SUMMARY
January February March April May June July August September October November December Flammable solids
Flammable liquids
Oil-based paints
Paint Related Materials
Poisons
Reactive and explosive
compressed gas cylinders
1 lb propane canister
PCB-containing Paint
Other PCB waste (includes
ballasts)
Antifreese
Auto type batteries
Latex paint
Motor Oil
Oil products
Used oil filters
Acid Inorganic and organic acid
Base inorganic and organic base
Oxidizer
Neutral oxidizers, Organic
peroxides, Oxidizing
acid/base
Asbestos Asbestos
Mercury containing
automatic switches
Mercury containing
thermostats
Other Mercury containing
waste
Lamps
Photovoltaic Modules
Batteries (other)
Aerosol cans
Rechargeable batteries
Covered Electronic Devices
Other Electronic Devices
Home-generated Sharps
Home-generated
pharmaceutical waste
Treated wood
General/ Miscellaneous
Non RCRA solids/ liquids
Tires
Other
Pounds
Incinerated
Pounds
Neutralized
Other
Pounds Collected Material Catergory Material Type Pounds Recycled
Flammable and
Poisons
PCB-containing
Reclaimable
Universal Waste (UW)
Electronic Waste
7 7.1.d
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ROWP Procurement January February March April May June July August September October November December Renewable gas in the form of
transportation fuel (DGE)
Compost (tons)
Compost (cubic yards)
Mulch (tons)
Purchase Date Invoice Number Paper Type Volume Vendor Recycled Content %
2/23/2022 #123456 Office Paper 50 reams Staples 30%
Recycled Content Paper Procurement Log
Notes
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Vehicle Number Year Make Model License No. Serial No. Waste Stream Fuel Type Capacity (t) Dates Serviced Service Description Containers Total in Service Total in Reserve Total Disposed Total Carts- 35G Refuse
Carts- 64G Refuse
Carts- 96G Refuse
Carts- 35G Recycle
Carts- 64G Recycle
Carts- 96G Recycle
Carts- 35G Organics
Carts- 64G Organics
Carts- 96G Organics
Bins- 1.5Y Refuse
Bins- 2Y Refuse
Bins- 3Y Refuse
Bins- 4Y Refuse
Bins- 6Y Refuse
Bins- 1.5Y Recycle
Bins- 2Y Recycle
Bins- 3Y Recycle
Bins- 4Y Recycle
Bins- 6Y Recycle
Bins- 1.5Y Organics
Bins- 2Y Organics
Bins- 3Y Organics
Bins- 4Y Organics
Bins- 6Y Organics
RO- 12 to 16Y
RO-25 to 30Y
RO- 40 to 45Y
Compactor- 30Y
Compactor- 40Y
Equipment Inventory
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Route #Stops #Containers Planned Hours Actual Hours Route #Stops #Containers Planned Hours Actual Hours Route #Stops #Containers Planned Hours Actual Hours
Refuse Routes Recycling Routes
Organics Routes
Route Audit
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Exhibit 8

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.

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Waste Management Collection and
Recycling, Inc.
13940 Live Oak Ave,
Baldwin Park, CA 91706
Cover Letter
August 30, 2023
Ryan McLean
Assistant City Manager
City of Diamond Bar
21810 Copley Dr.

Diamond Bar, CA 91765
Re: Response to Request for Proposals for Solid Waste Services Dear Mr. McLean,
As Diamond Bar’s current residential service provider, WM, (dba, Waste Management Collection and Recycling, Inc.) is a Corporation, and is pleased to provide our following response to the Request for Proposals from the City of Diamond Bar for Solid Wastes Services to include the collection, transportation, recycling, processing, and disposal of solid waste.

As part of our response, we are submitting three (3) Confirming Proposals (Residential Only, Commercial Only and City-wide), and two (2) Alternative Proposals (Residential Only, and City-wide). Each proposal stands on its own merit, are not interchangeable and incorporate all the key elements identified in the RFP as essential to a new Franchise Agreement:
• City Fees and Payments
• Collection vehicle and cart requirement
• Enhanced service programs (beyond weekly waste collection) for both residential and commercial customers
• SB 1383 program obligations
• Guarantee capacity for all refuse, recyclable and organics that pertains to the Agreement.

The Alternative Proposals include enhancements with competitive rates that would benefit the City, these are detailed in the Executive Summary that immediately follows this letter.

WM acknowledges receipt of all addenda, including:
• Addendum #1: Solid Waste Services Updated to Reflect Addendum #1 (Dated July 12, 2023) • Addendum #2: Solid Waste Services Updated to Reflect Addendum #2 (Dated July 20, 2023) • Addendum #3: Solid Waste Services Updated to Reflect Addendum #3 (Dated July 31, 2023) We sincerely thank you for the opportunity to participate in your selection of an environmental services partner. As you evaluate this proposal, we hope you will agree that WM continues to be the ideal partner for the City of Diamond Bar. Our services and programs are tailored to support your “business-friendly” reputation and higher quality of life. In short— We are here to Exceed Diamond Bar’s Expectations Every Day.

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We are eager to continue to earn your business and our team remains committed to going above and beyond to deliver best-in-class service for your City. Should you have any questions regarding our proposal, please feel free to contact Lily Quiroa, Public Sector Services Area Manager, at the information below:

Lily Quiroa
Area Manager, Public Sector Services
E: [email protected]
P: (951) 609-6341
Sincerely,
Michael S. Hammer, President
Waste Management Collection & Recycling Inc.
(818) 252-3148 | [email protected]
Authorized Representative of WM who will sign the Agreement in the event of award.

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We’re Always Working for a Sustainable Tomorrow
Re-Introducing Your Dependable, Local Service Provider – WM For more than three decades, the City of Diamond Bar and WM have shared a successful partnership, working closely together to meet the needs of an evolving community, responding to an increasingly more stringent regulatory environment, and become stewards of our environment, while continuing to deliver a superior service experience and unmatched value.

As both the City’s longtime service provider of collection services for residents and the leading provider of comprehensive environmental services in North America, WM brings together the industry’s best resources with the insight of a trusted local business. • As the waste service provider for the residential
sector, WM makes a transition worry and a hasslefree with the least amount of impact on your residents.
• We are more than a just service provider: we are a
local business and active member of the
community.
• As the industry leader, WM brings an unrivaled
depth of knowledge and experience to diversion
programs, collection service, safety standards,
technology innovation, and customer experience.
• WM is committed to helping the City reach its
sustainability goals through innovative services and
programs designed to maximize diversion while
keeping things simple for residents and the business community.

The entire WM team, local and extended, is very grateful for the many years of trust Diamond Bar has placed in us. We value the partnership we have forged together, one that has held strong through the challenges of compliance with the evolving laws that regulate how recyclables and solid waste are handled, through economic ups and downs, pandemics, and through all else that has come our way. Simply put, the City of Diamond Bar is special to WM, and we hope to
continue our partnership under the new agreement.

A Proposal for the Future
WM is submitting three (3) Confirming Proposals (Residential Only, Commercial Only and City-wide), and two (2) Alternative Proposals (Residential Only, and City-wide). Our Proposals and recommended Alternatives include the high-quality WM services you already appreciate, plus enhancements to help serve community better than ever.

Conforming Proposals
Our Conforming Proposals are fully responsive with the City fees and payments, service programs, and other requirements outlined in the RFP and Agreement. We are confident that you will agree that our Our own Josh Goldman smiles to show how
honored we were to support the Diamond Bar
Friends of the Library 29th Wine Soiree and
Benefits Auction
Existing relationships. Over the
years, WM staff members have worked hard
to become a trusted community partner. We
have built meaningful relationships with City
leadership and staff, our customers, and
support local groups and organizations and
will continue to support the vitality of the
Diamond Bar community.

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proposed rates (even though they are not scheduled to start until September 2025) are fair, and competitive to the San Gabriel Valley Region.

Enhanced Program for Conforming Proposals:

Residential Only Conforming Proposal: If the City elects to retain WM as their residential-only provider.

We are offering the following enhanced program:

Community-Education Fund of $10,000*
WM will provide $10,000 in scholarships each year to aid Diamond Bar’s graduating seniors with pursuing higher education or vocational training.

City-Wide Only Conforming Proposal: If the City elects to select WM as the new waste hauler for the whole City, residential and commercial sector. We are offering the following enhanced program:

Community- Education Program of $40,000*
• WM will provide $40,000 annually. City leadership would decide how this program is donated back to the community.

Alternative Proposals
WM’s Alternative Proposal – Less Disruption, Lower Rates & Maximum Sustainability Our two (2) Alternative Proposals (Residential Only, and City-wide) offer a more equitable approach to rates. Both Alternative Proposal are also fully responsive with the City fees and payments, service programs, and other requirements outlined in the RFP and Agreement, with the following adjustments:

SB 1383 Cart Compliance: Allows for WM carts in the
residential area to be replaced through attrition. Here is why that is a benefit to you and your residents:
• Less Disruption: Maintaining current carts until
the natural end of their useful life minimizes
disruption for your residents.
• Lower Rates: Delayed implementation provides a savings to your residents. SB 1383 allows for plenty of time to transition containers prior to 2036 deadline. All new replacement containers will be SB 1383 compliant. It is important to note that the existing WM Organics carts are already compliant in color and labeled specifically allowing for food waste. • More Sustainable: Maintaining carts that are still useful is better for the environment, reducing waste and reducing unnecessary vehicle miles to exchange like-new containers.

While most residential carts currently being serviced in Diamond Bar, are uniformed in color, and less than 10 years old, WM commits to do a cart audit and replace any damaged carts in the first year of the new contract.

Senior Discount Program Both Alternative Proposals (Residential Only, and City-wide) would also align the Sr. Discount Program with the County of Los Angeles’ Sr. Discount Program as follows:

The senior discount would be available to residents who meet the following criteria: 65 years or older, head of household, and qualify for discounted utility rates based on financial need as evidenced by water, power, or telephone bill. Sr. Discount rates would represent a 25% discount.

Enhanced Program: We hope the City seriously considers our Alternative Proposals since not only do they offer a more competitive rate structure but we are also adding the following enhanced offerings:

WM is already providing residential carts with
SB 1383 compliant carts.

As Diamond Bar residential customers call in
to request a cart exchange, they receive new,
SB 1383 compliant carts.

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City-Wide Alternative:
• $1M - One-time Contract Fee (in addition to the $100,000 Contract Fee outlined in the RFP) to help the City with the various program costs associated with ensuring compliance with SB 1383. • Rate Structure Savings - Offers over a 20% savings for the default cart service (64-gallon) at the start of the new contract.
• $40,000 Annual Community Education Program*- City leadership would decide how this program is donated back to the community.

Residential Only Alternative:
• Residential Rate Structure Savings - Over a 13% savings for the 64-gallon and 96-gallon cart serviced over the conforming Residential Only proposal. • Community-Education Fund of 10,000* - WM will provide $10,000 in scholarships each year to Diamond Bar’s graduating seniors with pursuing higher education or vocation training.

Each of the submitted proposals will offer the City a clear future that includes great, reliable service and full compliance status with state mandates.

WM has the right team, the right technology, and the right assets to continue offering the City of Diamond Bar innovative waste collection solutions. More importantly, we are confident that our new commercial customers will enjoy working with our experienced team and can expect high-quality-dependable service.

Proposal Highlights:

Unmatched Experience – We have mastered our daily routes, and are deeply familiar with every street, parkway, and boulevard. Our experienced team is ready to continue to deliver dependable, high-quality service to the whole city.

Competitive Rates – Rate structure that offers rate rollback, even though they are not scheduled to start until September 2025
Guaranteed Capacity – WM is providing peace of mind with local and regional facilities, as well as partnerships for both waste disposal, and recyclables and organic materials processing.

Regulatory Compliance – Our proposal includes a
dedicated local management team that your City staff is already familiar with, support from our SB 1383 Specialized team who work closely with regulators, and access to WM’s Smart TruckSM and SB 1383 Compliance Dashboard for
monitoring and reporting assistance.

Established Community Partner- We have built meaningful relationships with City leadership and staff, our customers, and support local groups and organizations and will continue to support the vitality of the Diamond Bar community.
*For clarity, the annual Community-Education Program is separate and apart from the community relations program we have already developed in Diamond Bar as we participate in civic group engagement, sponsorship, and in-kind donations.

Thanks @DiamondBarCity for recognizing us
as Friend of the Library. Business of the Year!
We love being a part of the community and
can’t say we don’t like seeing our team get
some props! Pictured are WM’s Teri Muse and
Daniel Hernandez with the Council

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Cover Letter ........................................................................................................................................................................... i EXECUTIVE SUMMARY........................................................................................................................................III RE-INTRODUCING YOUR DEPENDABLE, LOCAL SERVICE PROVIDER – WM..........III A Proposal for the Future.......................................................................................................................................iii COMMUNITY-EDUCATION FUND OF $10,000*............................................................................. IV COMMUNITY- EDUCATION PROGRAM OF $40,000*................................................................. IV

2.1 PROPOSER’S BUSINESS STRUCTURE.......................................................................................................1

2.2 PROPOSER’S EXPERIENCE..........................................................................................................................4 References: Don’t Just Take Our Word for It......................................................................................................................4

2.3 KEY PERSONNEL QUALIFICATIONS.........................................................................................................12

2.4 PROPOSER’S PAST AND PENDING LITIGATION.....................................................................................21

2.5 FINANCIAL INFORMATION...........................................................................................................................22 Financial Strength: The Foundation for Our Commitment...............................................................................................22 Audited Financial Statements............................................................................................................................................23

2.6 INSURANCE....................................................................................................................................................32

3.1 COLLECTION SERVICES APPROACH.......................................................................................................35 Routing Strategy: Driven by eRouteLogistics®.................................................................................................................37 Proposed Collection Vehicles for Diamond Bar...............................................................................................................43 Rehrig Pacific Company Cart Specifications ....................................................................................................................48 SCOPE OF REQUIRED SERVICES....................................................................................................................60 At Your Door Special Collection®.......................................................................................................................................61 C&D Debris Collection Services ........................................................................................................................................72 City Collection Services......................................................................................................................................................72 Emergency Collection Service...........................................................................................................................................74

3.2 CUSTOMER SERVICE CENTER...................................................................................................................75 Customer System Capabilities, For Tomorrow®..............................................................................................................75 A Fully Integrated Billing System.......................................................................................................................................84

3.3 IMPLEMENTATION PLAN.............................................................................................................................93 WM Represents a Stress- and Worry-Free Transition.....................................................................................................93 Key Implementation Tasks and Timeline..........................................................................................................................97

3.4 AB 341, AB 1826, AND SB 1383 IMPLEMENTATION PLAN...................................................................102 Holistic Data Monitoring and Reporting to Monitor Progress and Drive Continuous Improvement...............119

3.5. FOOD RESCUE AND DONATION PROGRAM.........................................................................................122

3.6 ORGANICS RECYCLING PROGRAM........................................................................................................127

3.7 RECYCLABLE MATERIALS........................................................................................................................130

3.8 PROCUREMENT OF RECOVERED ORGANIC WASTE PRODUCTS....................................................132

3.9 PROPOSED OPERATING FACILITIES......................................................................................................133

3.10 PROPOSED DISPOSAL, TRANSFER, AND PROCESSING FACILITIES............................................134 REQUIRED DOCUMENTATION........................................................................................................................142 Performance Bond Commitment Letter ..........................................................................................................................142

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6.1 PRIMARY RATE PROPOSAL FORMS.......................................................................................................149

6.2 ALTERNATIVE RATE PROPOSALS..........................................................................................................149

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Provide the following information regarding the proposing entity and entity that would provide a corporate guarantee, if applicable:
• Identify the legal entity that would execute the Franchise Agreement. State whether each entity is a sole proprietorship, partnership, corporation, LLC, or joint venture. Describe in detail the relationship of the proposer to the executing entity. If the proposer is a joint venture, describe where the entities have collaborated before. • Identify the entity that would submit financial statements and whether it is an individual, a partnership, a corporation, or a joint venture. If other than proposing entity, indicate relationship and willingness to sign corporate guarantee. • Confirm that proposer is authorized to do business in California. • State the number of years the entities have been organized and doing business under this legal structure. Proposal must include all the names of company’s (and executing entities if different than company’s) owners/stockholders with greater than a 10% holding of the company's total assets. • Identify the names of all officers.
• Identify other businesses with ownership by principals and/or management. • Identify the corporate headquarters.
• Identify local headquarters (if different).
• Describe all services to be performed by subcontractors and identify each subcontractor by name. Proposer shall describe any current or past working relationship with the subcontractor(s) in the past five years.

WM Legal Entity
Waste Management Collection and Recycling, Inc., will be executing this Franchise Agreement. Waste Management Collection and Recycling, Inc. is a subsidiary of WM.

WM Legal Entity Submitting Financial Statements
Waste Management, Inc. is a corporation and will be the legal entity submitting all Financial Statements.

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Authorized to do Business in California
Waste Management Collection and Recycling, Inc., is authorized to do business in California.

Years Waste Management Collection and Recycling, Inc., has Been in Business Waste Management Collection and Recycling, Inc., was incorporated in the State of Delaware on June 25, 1993, and this entity has been doing business under this legal structure for approximately 30 years.

WM does not have any owners/stockholders with greater than a 10% holding of the company's total assets.

Names of All Officers
Name Title Title Role Role Start Last Elected
Hammer, Michael S. Director Director 12/01/2021 03/15/2023 Skolnick, Barry S. Director Director 06/02/2014 03/15/2023 Tippy, Courtney A. Director Director 11/10/2014 03/15/2023 Hammer, Michael S. President – Southern California Area Officer 12/01/2021 03/15/2023 Skolnick, Barry S. President – Northern California Area Officer 09/01/2012 03/15/2023 Beytelman, Vladimir Vice President and Assistant Secretary Officer 09/08/2022 03/15/2023 Carroll, John A. Vice President, Chief Financial Officer and Controller
Officer 03/15/2023 03/15/2023
Cassin, Joseph J. Vice President Officer 02/17/2003 03/15/2023 Kanow, Steve C. Vice President Officer 06/30/2023 06/30/2023 Lockett, Mark A. Vice President and Assistant Treasurer Officer 09/01/2012 03/15/2023 Nagy, Leslie K. Vice President and Treasurer Officer 03/15/2023 03/15/2023 Stratton, David J. H. Vice President and Assistant Secretary Officer 09/01/2012 03/15/2023 Tippy, Courtney A. Vice President and Secretary Officer 11/10/2014 03/15/2023 Wilson, James A. Vice President Officer 09/26/2014 03/15/2023 Bennett, Jeff R. Assistant Treasurer Officer 07/31/2017 03/15/2023 Bohn Jason C. Assistant Secretary Officer 06/05/2019 03/15/2023 Khajetoorians, Asteghik Assistant Secretary Officer 06/05/2019 03/15/2023 Other Businesses with Ownership by Principals and/or Management There are no other businesses with ownership by principals and/or management of WM.

Corporate Headquarters
WM Corporate Headquarters are located at:

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800 Capitol Street
Suite 3000
Houston, TX 77002
WM Southern California Market Area Headquarters
WM Southern California Market Area Headquarters are located at:
9081 Tujunga Ave.

Sun Valley, CA 91352
Local Headquarters – Waste Management, Inc. Waste Management Collection and Recycling, Inc.

WM Southern California Local Headquarters are located at:
13940 Live Oak Ave,
Baldwin Park, CA 91706
Subcontractors
WM will not be using subcontractors for the duration of this contract.

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Proposer shall describe its experience serving a minimum of three (3) jurisdictions in California (preferably serving jurisdictions of similar or larger size and similar demographics to the City in a table format. Required information includes:
• The name of the jurisdiction where the services were provided. • Commencement date of services and term of the agreement. • The name, address, and telephone number of the jurisdiction representative responsible for administering the agreement. • The services provided (e.g., solid waste collection, recyclable materials, organic materials collection, and other unique collection programs such as e-waste or household hazardous waste). • The number of residential (i.e., specify SFD and MFD), Commercial (i.e., specify cart, bin, roll-off and other) and City (or other) customers served; tons collected, diverted, and disposed annually; and the type and number of vehicles dispatched per day for each of the services provided.

Additionally, please provide at least one municipal citation for service transitions from another hauling company, including a brief description of the old and new services, and service transition dates, as well as the information listed in the first and last bullet above.

References: Don’t Just Take Our Word for It
WM is your trusted environmental solutions partner and for many of our neighbors throughout Southern California and beyond. All the references are larger in size and scope and have similar demographics to the City. The scope of services of these referenced communities are very similar to that required in the Diamond Bar RFP, including Residential Cart Collection, Commercial Bin and Roll-Offs, and other Residential Collection services. Outlined below are WM’s references, and we encourage you to contact them so that you may learn firsthand about our excellent record of service and ability to deliver seamless transitions and SB 1383 programs with other franchise customers.

Customer Arcadia
Commencement Date August 1999
Jurisdiction Representative Name,
Address, Phone Number
Briget Arndell
Environmental Services Manager
Public Works Department
11800 Goldring Rd, Arcadia, CA 91006
(626) 254-2705
[email protected]

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Customer Arcadia
Services Provided Residential Cart: solid waste, recyclable and organic materials collection Commercial Bins: solid waste, recyclable and organic materials collection
Bulky Items, Christmas Tree Collection, HHW Disposal, Sharps, HHW City Disposal, Special Collection, Backyard Collection, Senior Discount, City Tree Trimming, Mulch Giveaways, and Shredding Events Residential Customers 10,948 Residential Customers
Total Tons 2022: Collected 25,000, Diverted 57.1%, Disposed 10,725 Total Tons 2023: Collected 13,134, Diverted 58.3%, Disposed 5,477 685 Multifamily Customers
Total Tons 2022: Collected 6,494, Diverted 3.9%, Disposed 6,240 Total Tons 2023: Collected 3,343, Diverted 5%, Disposed 3,176 FEL: 2 (solid waste, recyclable, and organics collection) ASL: 33 (solid waste, recyclable, and organics collection) Flatbed Truck: 1 (bulky items)
Commercial Customers 397 Commercial Customers
Total Tons 2022: Collected 9,629, Diverted 20.4%, Disposed 7,664 Total Tons 2023: Collected 4,820, Diverted 22.2%, Disposed 3,750 FEL: 8 (solid waste, recyclable, and organics)
Scout Truck: 4 two-axle vehicles
City Customers WM provides free solid waste collection (trash, recyclables, organics) to 10 City Facilities
Customer La Verne
Commencement Date January 2011

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Customer La Verne
Jurisdiction Representative Name,
Address, Phone Number
Tracy Costello
Public Works Manager
Public Works
3660 D Street, La Verne, CA 91750
(909) 596-8741
[email protected]
Services Provided Residential Cart: solid waste, recyclable, organic materials collection Commercial Bins: solid waste, recyclable, organic materials collection Roll-off Box: solid waste, recyclable, organic materials collection, and C&D collection
Bulky Item, Christmas Tree Collection, Lifeline Discount, Senior Discount, Used Battery Recycling, Edible Food Recovery Support, Backyard Service, and Sharps
Residential Customers 9,970 Residential Customers
Total Tons 2022: Collected 16,964, Diverted 44.8%, Disposed 9,364 Total Tons 2023: Collected 10,043, Diverted 45.8%, Disposed 5,443 ASL: 28 (solid waste, recyclable, and organic materials collection) RL: 1 (solid waste)
Flatbed Truck: 1 (bulky items)
Commercial Customers 83 MF Customers, 342 Commercial Customers Total Tons 2022: Collected 11,859, Diverted 7.7%, Disposed 10,946 Total Tons 2023: Collected 6,820, Diverted 7%, Disposed 6,342 FEL: 4 (solid waste, recyclable, and organics collection) City Customers WM provides free solid waste collection (trash, recyclables, organic materials collection)
to 26 City Facilities

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Customer San Dimas
Commencement Date January 2008
Jurisdiction Representative Name,
Address, Phone Number
Shari Garwick
Director of Public Works
Public Works
245 E Bonita Ave, San Dimas, CA 91773
(909) 394-6248
[email protected]
Services Provided Residential Cart: solid waste, recyclable, organic materials collection Commercial Bins: solid waste, recyclable, organic materials collection Roll-off Box: solid waste, recyclable, organic materials collection, and C&D collection
Bulky Item, Sharps, Christmas Tree Collection, E-Waste & HHW, Fall Leaf Pickup, Horse Manure Recycling, Used Oil Collection, Senior Discount, and Backyard Service.

Residential Customers 8,683 Residential Customers
Total Tons 2022: Collected 16,786, Diverted 42.4%, Disposed 7,117 Total Tons 2023: Collected 10,093, Diverted 46.6%, Disposed 5,389 ASL: 27 (solid waste, recyclable, and organic materials collection) Flatbed Truck: 1 (bulky items)
Commercial Customers 41 MF Customers, 433 Commercial
Total Tons 2022: Collected 14,533, Diverted 16.5%, Disposed 12,135 Total Tons 2023: Collected 9,067, Diverted 15.7%, Disposed 7,644 FEL: 6 (solid waste, recyclable, and organics collection) City Customers WM provides free solid waste collection (trash, recyclables, organics) to 15 City Facilities

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Customer Baldwin Park
Commencement Date January 1990
Jurisdiction Representative Name,
Address, Phone Number
Sam Gutierrez
Director of Public Works
Public Works Department
14403 E. Pacific Avenue, Baldwin Park, CA 91706
(626) 960-4011
[email protected]
Services Provided Residential Cart: solid waste, recyclable, organic materials collection Commercial Bins: solid waste, recyclable, organic materials collection Roll-off Box: solid waste, recyclable, organic materials collection, and C&D collection
Bulky Items, Christmas Tree Collection, Sharps, Backyard Service, Senior Discount, and, Community Clean-up Events, Local Student Programs.

Residential Customers 11,648 Residential Customers
Total Tons 2022: Collected 29,970, Diverted 32.8%, Disposed 20,140 Total Tons 2023: Collected 18,108, Diverted 34%, Disposed 11,951 ASL: 27 (solid waste, recyclables, organics)
RL: 1 (solid waste, organics collection)
Commercial Customers 765 MF, 683 Commercial
Total Tons 2022: Collected 26,207, Diverted 20.3%, Disposed 20,887 Total Tons 2023: Collected 15,772, Diverted 20.1%, Disposed 12,602 FL: 11 (solid waste, recyclables, organics
Scout Truck: 4 two-axle vehicles
Flatbed Truck: 2 (bulky items)
City Customers WM provides free solid waste collection (trash, recyclables, organics) to 14 City Facilities, as well as 92 bus stop trash cans

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Sample Service Transition – City of Chino Hills
Our most recent transition was in the City of Chino Hills, July 1, 2022. After being awarded the contract in January 2022, we executed a seamless citywide—residential and commercial—transition in five months! Chino Hills represents close to 20,000 residential accounts and over 300 commercial accounts.

Despite not having received accurate customer data, and their previous hauler unexpectedly not upholding their obligation to remove their carts, our Transition Team was so well prepared that we transitioned with very minimal, if any, customer service disruptions. Please see highlights below.

Service Highlights
• Delivered and Removed 796 commercial customer containers (June 2022) • Delivered 66,897 and removed approximately 35,000 residential customer carts (July11- Mid October 2022)
• First week of service, despite falling in the middle of a National Holiday, we only recorded:
o 14 residential missed pick-ups
o 1 commercial missed pick-up
Our service success was due to our meticulous planning and dedicated team of route managers that we pulled from neighboring hauling districts to provide field support during this important transition period, thus ensuring every route was completed.

Education & Outreach
• Conducted three (3) residential and two (2) commercial workshops. • Provided ample information to all customers via hard copy mailouts and social media. • Stationed a dedicated team of Recycling Representatives at City Hall for two weeks after the contract started to provide immediate customer support for questions or concerns.

Commercial Compliance:
• Completed site visits and assistance with waiver approvals. • Commercial compliance with SB 1383 is 98%.

The same meticulous plan is outlined in Section 3.3 to ensure the same success in Diamond Bar.

Customer Chino Hills
Commencement Date July 2022
Jurisdiction Representative Name,
Address, Phone Number
Susan Shaker
Senior Management Analyst

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Customer Chino Hills
City Manager’s Office
14000 City Center Drive
Chino Hills, CA 91709
P (909) 364-2633
[email protected]
www.chinohills.org
Rod Hill
Assistant City Manager
City Manager’s Office
14000 City Center Drive
Chino Hills, CA 91709
P (909) 364-2612
C (562) 457-8602
[email protected]
Services Provided Residential Cart Service (solid waste, recyclable and organics collection), Curbside Bulk Collection Service, E-waste, Sharps, Used Motor Oil, Community Cleanups, Temp bin service
Commercial Bins, Roll-off Box (solid waste, recyclable and organics collection), SB 1383 Technical assistance - Free Site Audits & Recycling training, and Food Recovery Assistance
Industrial- Roll Off Service (solid waste, recyclable and organics collection) and Compactor Service (solid waste, recyclable, organics collection)
C&D Collection & Recycling- provided through Roll Off service Residential Customers SF& MFD Cart Service: 19,949 customers Total Tons Collected 16,597, Diverted 5,510 tons (July 2022- December2022)
Type and Number of Vehicles Dispatched per day –
Side Loaders: 10 (solid waste, recyclables, organics)
Commercial Customers Commercial (253 accounts) MF Accounts (22) Industrial (49 accounts)

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Customer Chino Hills
Total Tons Collected 9,241, Diverted 830 tons (July 2022- December2022)
Type and Number of Vehicles Dispatched per day
FEL: 4 units (solid waste, recyclables, organics)
2- Scout trucks, 2-axle vehicles
City Customers WM provides free solid waste collection (trash, recyclables, organics) to 9 Facilities

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Provide an organizational chart and brief biographical description of the key personnel the proposer would assign to the transition team and the ongoing management of the services to be provided under the Agreement. Specify the percentage of time each individual will be assigned to services specified in the Franchise Agreement. Identify municipalities who have worked with the key personnel. Indicate which key personnel will be designated as the contractor liaison, service liaison, contractor representative, and emergency contact.

Your local Diamond Bar service team brings together a diversity of backgrounds, skillsets, and expertise connected by a common denominator, you - our customer.

WM’s trained, dedicated local team for the City of Diamond Bar is already in place, supporting City staff and interacting with the community. This team includes your local liaisons, Josh Goldman, and Daniel Hernandez, who will continue to serve as the day-to-day points of contacts under this new agreement.

In addition to Josh and Daniel, WM’s Public Sector team for Diamond Bar includes San Gabriel Regional Manager Lily Quiroa, Recycling Coordinator Donald Taylor-Stewart, Compliance and Reporting Manager Angie Mendoni, and a soon to be hired Recycling and Sustainability Manager that will be 100% dedicated to serving Diamond Bar.

WM’s Operations team for Diamond Bar, headed by District Manager Daniel Hernandez, includes residential Route Managers Julio Cantoral and Martha Muro, Roll-off Route Manager Sylvia Granillo, Commercial Route Manager Rosendo Tapia, and Operations Specialist Elizabeth Bracamontes.

This local team is backed by our regional, statewide, and national resources for Customer Service, Communications, Fleet, and SB 1383 Compliance, ensuring Diamond Bar always has access to industryleading knowledge and expertise.

Below is an organization chart of the Southern California team that will be serving the City of Diamond Bar.

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Following are biographies describing the abilities and tenure of your local Diamond Bar/WM team:

Your Local Transition & Ongoing Management Team – Already in Place and at Work for Diamond Bar
Josh Goldman, Public Sector Services Manager | 100% of Time Dedicated to Diamond Bar Josh Goldman will be the designated contractor liaison, service liaison, contractor representative, and emergency contact for the vibrant city of Diamond. He joined WM in 2022 as a Public Sector Representative and brings with a wealth of experience working in Legislative Offices and the public sector alongside elected officials and political candidates.

Recognizing the importance of efficiently implementing SB 1383 regulations, Josh devotes 100% of his time to
addressing the city's needs and concerns. He currently
collaborates closely with City staff on citywide outreach, troubleshooting service issues, public education campaigns, and SB 1383 compliance.

With extensive experience working with municipalities and their constituents, Josh deeply understands the city's unique challenges; Josh is committed to building upon the
relationships he has already made in the Diamond Bar
community. His collaborative approach involves working
closely with local businesses, Homeowner Associations, and community organizations to find innovative solutions that align with the city's sustainability goals.

As a trusted liaison in the public sector, Josh has honed his skills in actively listening to and addressing community concerns. His ability to think outside the box and extensive knowledge of public administration enable him to navigate complex issues quickly, which is vital to rolling out regulations like SB 1383.

Josh's unwavering dedication, creative problem-solving skills, and friendly demeanor make him an invaluable asset to the city of Diamond. Under his guidance, the transition to SB 1383 and the city's overall progress are in capable hands. If additional support is required, Lily Quiroa will serve as Josh's backup and play an integral role in supporting him throughout the transition and implementation of SB 1383.

Municipalities that have worked with Josh: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond Bar
Lily Quiroa, Public Sector Regional Manager | 25% of Time Dedicated to Diamond Bar As our Public Sector Regional Manager, Lily will be the secondary point of contact for city staff and a WM representative to the community, state and local officials, residents, and businesses. Lily has over 25 years’ experience in Government Affairs, focused on community engagement.

Lily will oversee all Public Sector responsibilities including new programs, training and development of the San Gabriel team, community outreach/education, pricing, sustainable solutions, and contract compliance. Lily and her team are recognized for putting the customer first.

Municipalities that have worked with Lily: Regional Manager for San Gabriel Valley Diamond Bar’s local team meets
regularly with City staff to
guarantee residents receive
seamless service day-to-day and
serve as an immediate point of
contact for troubleshooting all
service-related concerns. Together
they bring years of experience
serving the community, providing a
successful track record for
producing safe, efficient results
with a strong focus on customer
satisfaction, safety, and
compliance.

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Donald Taylor-Stewart, Recycling Coordinator | 25% of Time Dedicated to Diamond Bar As our recycling coordinator, Donald works closely with our multifamily, and commercial customers to enhance customer awareness of waste reduction, recycling, and reuse. He is responsible for providing inperson recycling education to WM communities as well as managing targeted campaigns aimed at driving material diversion and/or program participation. He will be responsible for the planning, execution, and reporting of Diamond Bar’s contract-required recycling programs and initiatives and promoting recycling at community events.

Municipalities that have worked with Donald: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond Bar
Hiring Soon, Recycling and Sustainability Manager | 100% of Time Dedicated to Diamond Bar WM will hire and train a qualified Recycling and Sustainability Manager that will support the City of Diamond Bar for the life of the new contract. This manager will work with customers within the City to focus on diversion rates, mandate compliance, and public awareness and education. This valuable resource will be well equipped to assist the City.

Municipalities that have worked with Recycling and Sustainability Manager: TBD Daniel Hernandez, District Manager for San Gabriel Baldwin Park | 100% of Time Dedicated to Diamond Bar
Daniel began his career with WM in 2007 as an
Operations Manager Trainee assisting various
Southern California WM sites with rerouting and
efficiency gains. In 2010 he was promoted to Route
Manager in our Corona Hauling District and then
transferred to Chino Hauling in 2011 as a Route
Manager. Daniel was promoted in 2020 to the
District Manager of the San Gabriel Hauling District.

As District Manager, he oversees the day-to-day
operations of the District, including oversight of all employees that are responsible for the collection of garbage, recycling, and organics. He provides leadership support to front-line managers for safety, operational, and service performance while also diagnosing and improving processes and procedures. He is responsible for the District’s overall service and budget performance. Daniel will interact with Diamond Bar staff to maximize customer satisfaction and improve service efficiency and the daily quality of contract services. During the implementation of services, he will oversee the completion of all operational tasks.

Municipalities that have worked with Daniel: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond Bar
Route Managers support the daily operations within their Districts. Each route manager will work closely with Diamond Bar’s drivers, assisting with morning launches, ensuring each vehicle is properly inspected at the beginning and conclusion of each route, and monitoring drivers throughout their collection routes

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with a focus on safety and customer service. At the end of the day, they meet with all drivers to review operations and to highlight areas of opportunity that can improve service. Route Managers will work closely with their areas within the City of Diamond Bar during the implementation of new services, helping to develop and test new collection routes, and proactively addressing customers’ unique site requirements and service requests.

Sylvia Granillo, Roll-off Route Manager, | 100% of Time Dedicated to Diamond Bar Currently, Sylvia oversees all roll-off operations. Sylvia started her career with WM over 28 years ago as an administrative assistant and worked her way up in the various departments within WM. For the past 10 years, Sylvia has worked as a route manager. She brings a wealth of experience and is recognized for that through her assignment as the key contact for driver training.

Municipalities that have worked with Sylvia: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond Bar
Julio Cantoral, Residential Route Manager | 50% of Time Dedicated to Diamond Bar Julio has 16 years of route management experience, and eight years with WM. Prior to WM, he worked for six years with the LA County Office of Education as a transporter scheduler.

Julio consistently works with our drivers to solve problems and overcome daily challenges. During his time with WM, Julio has been recognized for creating a great working culture with our drivers and City Staff.

Municipalities that have worked with Julio: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond Bar
Martha Muro, Residential Route Manager | 50% of Time Dedicated to Diamond Bar Martha has 15 years of experience in Customer service. Her journey in WM began as a commercial/residential dispatcher. She has knowledge and understanding on how the routes are being viewed by the drivers and the understanding of keeping the customer first. In 2018 she was San Gabriel’s Operations Specialist where she learned the operations of the site and had the opportunity to work with Route Managers and drivers. In 2022 she was promoted to her current position as a Residential Route Manager. She has learned the metrics that goes into having an efficient route still keeping the customer first and the drivers’ safety.

Municipalities that have worked with Martha: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond Bar
Rosendo Tapia, Commercial Route Manager | 100% of Time Dedicated to Diamond Bar Rosendo brings 15 years of route logistics experience to Diamond Bar. He started his career as a route manager for Brinks, Inc., and has worked for WM for five years. In his current position as a Route Supervisor, Rosendo oversees all commercial routes. He is familiar with the City of Diamond Bar’s commercial sector. He regularly works with City staff to address areas of concern and needs. Rosendo is excellent at solving problems and he enjoys completing site visits where he can meet our customers in person and ensure that they receive quality service.

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Municipalities that have worked with Rosendo: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond Bar
Elizabeth Bracamontes, Operations Specialist, San Gabriel Baldwin Park | 25% of Time Dedicated to Diamond Bar
Diamond Bar WM Operations Specialists provide operational support to their local teams. Their primary responsibilities are to manage safety gear (PPE) and training, facilitate daily driver check in and check out, and support route managers during morning safety meetings, vehicle inspections, and end of day recap meetings. In addition, they work closely with each areas’ Business License departments to keep all operating permits and licenses in compliance.

Municipalities that have worked with Elizabeth: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond Bar
Angie Mendoni, Contract Compliance Manager | 25% of Time Dedicated to Diamond Bar With nearly three decades of experience with WM in the Southern California area, and extensive Diamond Bar knowledge, Angie will provide vital contract compliance oversight to Diamond Bar. She works closely with our WM teams and is responsible for contract audits, rate adjustments, and all contractually required reporting. She will support our services in Diamond Bar by providing verification for all contract service information and rates listed in Knowledge, our knowledge database utilized by our customer service representatives. She has been responsible for contract compliance for multiple Southern California jurisdictions including Arcadia, Baldwin Park, Diamond Bar, La Verne, Diamond Bar, and San Dimas.

Municipalities that have worked with Angie: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond Bar
Antonio Flores, Maintenance Manager, San Gabriel Baldwin Park | 100% of Time Dedicated to Diamond Bar
Diamond Bar’s WM Maintenance Managers review the safety and reliability of our collection vehicles.

Specifically, they oversee our vehicle maintenance shops, maintenance staffs, and preventive maintenance programs. They will be responsible for all initial and ongoing procurement of vehicles required for the service of Diamond Bar collections. Additionally, they will oversee repairs, inspections, scheduled maintenance, and cleanliness of Diamond Bar collection vehicles, oversee maintenance of service vehicles and take the lead on the acquisition of inventory required to service the Diamond Bar.

Their team’s proactive maintenance schedule is critical in our front-line success.

Municipalities that have worked with Antonio: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond Bar
Blanca Gutierrez, Area Customer Experience Manager
With over 25 years at WM, Blanca is currently responsible for overseeing the administration of the customer service knowledge base that we use to communicate to our customers. Blanca oversees the training of our customer service representatives on all aspects of our contracts and provide talking points

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to the representatives during the transition period and for ongoing service needs throughout the contract life.

Jennifer Andrews, Communications, Senior Manager
Jennifer Andrews is an award-winning communication professional experienced in developing and executing all aspects of communications campaigns. She has 25 years of experience in corporate infrastructures, including leading marketing communications teams in three multi-billion-dollar companies.

Andrews spent the first ten years of her career in public relations agencies and worked for the federal government. Andrews began her career as a print journalist. She has served on the boards of directors of Keep California Beautiful, the American Marketing Association and San Diego’s ‘A Reason To Survive’.

Andrews holds a bachelor's degree in journalism from New York University, and a certificate in social media from the University of California, Irvine.

The market area team below will continue to support the local team in servicing the City of Diamond Bar.

Mary Herrera, Centralized Dispatch Manager
Mary has been with WM for nearly 30 years. In this time, Mary has been a Customer Service Representative, a Sales Representative, a Service Machine Core Team Member, and Area Customer Experience Manager, and finally an Area Dispatch Manager. From this, Mary brings an array of industry knowledge and experience.

As an Area Dispatch Manager, Mary is responsible for planning and dispatching routes for all Southern California. She regularly works with the Operations team to improve driver efficiencies and resolve service issues identified by drivers. Mary also regularly works with Customer Experience, Sales, and Public Sector Services to ensure that our customers are receiving the highest quality of service. Under Mary’s leadership, Southern California’s dispatch team has been regularly ranked a top performer companywide.

WM offers Diamond Bar an Experienced Team Dedicated to SB 1383 WM’s SB 1383 Regulatory Team is available and on call to help Diamond Bar every step of the way. A dedicated SB 1383 team is crucial to a municipality, ensuring focused attention and expertise on effectively implementing the regulation. And while this team is not 100% dedicated to the city, their commitment to the law allows them to navigate the complexities and nuances of SB 1383, providing guidance and support to the City of Diamond Bar and its residents and businesses. This dedicated team helps clarify any confusion surrounding the regulations, and they work directly with CalRecylce to ensure all team members are well-prepared to execute the legislation in the franchises, benefiting the municipality and its waste management goals. So, whether its route audits, generating reports for CalRecycle, or educating organic waste generators, our team has the expertise and knowledge to guide you through the process. Below is an outline of our SB 1383 team of experts.

Kevin Mattson, Organics Project Development, Senior Manager Kevin supports the project and business development for organic waste solutions throughout the Southern California WM area and will be a key resource for Diamond Bar. Having an expert that has indepth knowledge in organics on the team is key to the success of SB 1383 for several reasons. Kevin understands the intricacies of organic waste management, including composting, anaerobic digestion,

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and other methods of organic waste diversion. His expertise provides our cities valuable insights and guidance on implementing effective strategies to meet SB 1383 requirements. Also, with the complexity of SB 1383, it is important to maximize resources. Organic waste presents an opportunity for resource recovery and sustainable practices. Kevin can navigate the complexities of maximizing the value of organic waste by converting it into valuable products like compost, renewable energy, or biofuels. This not only helps meet SB 1383 targets but also contributes to a circular economy, a key goal of WM. Last and probably most importantly, as regulations and best practices evolve, having Kevin on the team ensures ongoing monitoring, evaluation, and adjustment of waste management strategies. He also works closely with WM's Organic's Corporate Team to stay updated on industry trends, emerging technologies, and regulatory changes, allowing for continuous improvement and adaptation to ensure long-term SB 1383 success.

Brian Bowen, Sr. Regulatory Manager & SB 1383 Specialist Brian Bowen is WM’s Senior Regulatory Manager for California and has overall responsibility to provide a comprehensive and state-wide point of contact for California regulations associated with the 2016 Shortlived Climate Pollutants: Organic Waste Reductions law (SB 1383). Brian works closely with WM teams including Government Affairs, Legal, Procurement, Public Sector Services and Operations ensuring a high level of coordination and compliance across the enterprise. He regularly interfaces with the regulatory community, trade associations and individual jurisdictions as needed. Brian also assists WM’s California Government Affairs team with review of new regulations affecting the waste industry and actively participates regulation development workshops at CARB, CalRecycle and DTSC.

Brad Cea, SB 1383 Director
Brad has spent the last seven years serving as Director of Sales and Public Sector Services for Waste Management’s Northern California Nevada market Area. In these roles, Brad had direct leadership for the open market and the governmental sales teams to retain and grow new business for the Area. During his tenure, he successfully extended or renegotiated over 98% of the Area’s franchise contracts, which included SB 1383 implementations. He also played in integral role in deploying WM’s Smart Truck technology in the Northern California market, including standardizing reporting, recycling education and outreach plans based on the Smart Truck data, and assisting with creating the contamination auditing process for the Area. Before joining the Northern California Nevada team, Brad led the Inside Sales Channel for WM, achieving triple-digit revenue growth during his six-year tenure as Senior Manager. He has recently accepted a new role as a Director of Corporate Sales where he is helping the Public Sector teams across Northern and Southern California with SB 1383 implementation or negotiations as well as assisting other cross departments understand the hauler requirements of SB 1383.

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Diamond Bar’s WM Senior Leadership Team
Together with our WM Local Team and our SB 1383 Regulatory Team, the following WM Area leaders provide support and resources required to execute the daily operations in Diamond Bar.

Michael Hammer, President of Southern California
Michael has over 20 years of experience in management within the waste and recycling industry. He is responsible for the overall leadership of our Southern California Market Area and its strategic direction, and for leading WM’s Southern California teams through continued successful and sustainable operations.

Steve Kanow, Director of Operations | 20 Years
Steve has been in the waste and recycling industry for 20 years and brings a wealth of knowledge and experience to the team. He values the diversity and contributions of each employee and will partner with his colleagues and Diamond Bar to ensure a smooth transition. If additional resources are needed, Steve will be the point of contact to coordinate with the local team.

Sandra Pursley, Director of Public Sector Services | 15 years Sandra has more than 15 years’ experience in every aspect of the waste and recycling industry. She oversees all Public Sector responsibilities including new programs, community outreach/education, pricing, sustainable solutions, and contract compliance. Sandra is part of our Southern California leadership team that sets the Public Sector strategy and manages the implementation of AB 341, AB 1826, and SB 1383 compliant programs. Establishing community relationships and providing an exceptional customer service to our municipal customers is a goal for all her team. Sandra’s resourcefulness and public sector knowledge, when combined with her renowned leadership skills have earned recognition for her team and the respect of the customers she serves.

Vladimir Beytelman, Area Director of Finance | 15 years Vladimir has more than 15 years’ experience as finance director for several Fortune 500 companies including 10 years as the Manager North America FP&A for Mattel, Inc. As our Area director of Finance, Vladimir leads our finance department that covers Hawaii, Los Angeles, Riverside, San Bernardino, San Diego, Orange, Ventura, Santa Barbara, San Luis Obispo, Fresno, Kerns, Kings, Tulare, and Madera Counties. He will oversee financial and operating performance and certify compliance with financial obligations throughout the agreement's term.

Frank Guercio, Area Fleet Director | 20 Years
Frank uses his nearly 20 years of WM experience to oversee all Central and Southern California sites as our Area Fleet Director. Frank is well versed in the latest equipment technology and is spearheading efforts to leverage technology in everything from trucks to containers and to everyday collection and maintenance practices.

Frank is responsible for supporting the area in all things related to truck acquisition, maintenance, and final disposal. Since joining WM, Frank’s team has successfully improved operational efficiency, reduced

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vehicle downtime and breakdown frequency, increased training, and technician development. Notably, he has reduced our reliance on third-party companies to complete our maintenance program mission of having the highest quality vehicles at the lowest possible operating expense.

Our local team knows Diamond Bar. No other provider knows your residents like we do, and no other provider offers the same depth and breadth of experience as your assembled WM team. As the top provider in Southern California, we bring the whole package to Diamond Bar – local knowledge, extensive experience, and the industry’s best safety record. Together, we are keeping Diamond Bar’s residents safe and your community clean.

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List all civil or misdemeanor or felony criminal court or administrative filings by and/or against California government agencies that are currently pending and/or that have been filed, settled or otherwise received a disposition within the last ten years that relate to the provision of solid waste service listing the names of the parties, the case number, and a brief description of the case and disposition, if any. This paragraph is applicable to the following persons and entities:
• The key personnel
• The owners and officers of the company
• The entity submitting the proposal; and/or,
• Any parent or affiliated company for actions filed in the State of California (For affiliates, proposer may limit disclosures of noncriminal matters to those in the Los Angeles County. • Any strategic partners or subcontractors identified in RFP. • Include the resolution and current status of each civil legal action.

Note: The term "affiliate" as used in this RFP is defined in Article Section 1.1 of the Agreement As one would expect with a corporation with business of the size, extent and diversity of WM’s business, WM has been involved in various lawsuits over the past ten years, including, but not limited to, personal injury cases, debt collection, small claims cases, workers compensation claims and other litigation.

Notwithstanding the foregoing, there are no lawsuits currently pending against WM that could reasonably be expected to have any materially adverse impact on the performance of WM's obligations under the contract.

There are no administrative or judicial actions currently pending against WM or any facility or property owned or operated by WM that could reasonably be expected to have any materially adverse impact on the performance of WM's obligations under the contract.

Below is our current litigation disclosure.

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Provide the following financial information for the most recently completed fiscal year for the proposer or, if a corporate guaranty is to be provided, for the guarantor:
• The type of financial statements (audited or reviewed) and the corporate entity that they represent (proposer or corporate guarantor).
• The most recently completed fiscal year for which financial statements are available. • Annual revenue from the most recently completed financial statements. • Current Assets to Current Liabilities ratio (current assets/current liabilities) from the most recently completed financial statements. • Total Liabilities to Total Assets ratio (total liabilities/total assets) from the most recently completed financial statements.

Upon request, proposers must submit the financial statements upon which the requested financial information is based within five (5) business days of the request. Statements must be prepared and presented in accordance with Generally Accepted Accounting Principles applied on a consistent basis and must include a statement by the chief financial officer of the proposer’s company that there has been no material adverse change in conditions or operations, as reflected in the submitted balance sheets, income statements and cash flow statements, since the date on which they were prepared.

Proposers requested to submit financial statements may submit a single copy, stamped “confidential” and request for its return upon completion of the procurement process. The City will attempt to maintain the confidentiality of such a request, although confidentiality cannot be guaranteed.

The selected proposer will be required to submit “reviewed” or “audited” financial statements that demonstrate reasonable financial resources and stability to the satisfaction of the City. If awarded the contract, the financial statements shall remain with the City.

Financial Strength: The Foundation for Our Commitment
As a wholly owned, indirect subsidiary of Waste Management, Inc., Waste Management Collection and Recycling, Inc. (WM) does not report financial results. All financial reporting occurs through our parent entity. As a publicly traded company, WM is held to the most stringent regulations for accurate and timely financial disclosure. WM’s financial statements are audited.

Revenue in 2022 was $19.7 billion, and WM has an asset base of $31.4 billion. Current assets to current liabilities ratio from the most recently completed financial statements is 1.29. The total liabilities to total assets ratio from the most recently completed financial statements is .78. These ratios are evidence that WM’s
financials are extraordinarily strong and stable. The company generates strong and consistent cash flow and has access to an extensive line of credit. WM’s financial strength is the foundation for our commitment to serve our customers, perform our obligations, and protect the environment in carrying out our broad services.

WM has achieved solid investment-grade credit ratings from three major rating agencies. Most recently, the company has been assigned ratings of A-/A-2 by Standard & Poor’s, BBB+ by Fitch, and Baa1 by Moody’s. The ratings are based on expectations that management will maintain good liquidity, pursue a moderate financial policy, and allocate capital in a disciplined manner. The credit outlook from each agency for WM is characterized as stable.

Full financial results are available on
our website at investors.wm.com.

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WM’s financial strength, as summarized above, gives Diamond Bar assurance that we can and will fulfill our obligations.
• WM is committed and financially able to perform all operations in full compliance with applicable federal, state, and local regulations and to provide clear documentation of that compliance. • WM offers the most extensive network providing waste management services in North America, including transportation, disposal, treatment, recovery, remediation, waste identification, and several other specialty services. This network enables us to provide a single source of responsibility, from transportation through disposal of waste. • Typically, new capital requirements are internally financed by WM using cash flow from existing operations - freeing our new trucks, carts, containers, and facility investments from the timelines and terms of third-party creditors.

WM's financial strength helps us to continually innovate and invest in technologies including organic solutions for all the customers we serve, including Diamond Bar, and we are committed to maintaining that strength.

For your convenience, please refer to the following links for the WM Annual Reports for the past three (3) fiscal years to supplement our current financial information. 2022: https://investors.wm.com/static-files/3bbb4e9d-812b-4a99-87a9-db600206f1a2 2021: https://investors.wm.com/static-files/6f36d219-fd4c-43ce-93f6-35f5928eb2eb 2020: https://investors.wm.com/static-files/4c8211bb-a942-4874-ac5f-a19bdd5756c9 Waste Management, Inc. (WMI) is a holding company, and all operations are conducted by its subsidiaries. Please see:
https://www.sec.gov/Archives/edgar/data/823768/000119312517046480/d252547d10k.htm All subsidiaries of WMI are affiliates of each other, pursuant to the SEC/ Rule 144 definition.

Audited Financial Statements
WM provides audited financial statements for Waste Management, Inc., who is the indirect parent of Proposer. We do not prepare audited financial statements for subsidiaries, and therefore such financial statements do not exist for the proposer, Waste Management Collection and Recycling, Inc.

Per requirements, we have included business tax returns for Waste Management Collection and Recycling, Inc. as a separate document for your review.

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Audited Financial Statements

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Proposer must submit evidence that the proposer either has, or is able to obtain, the insurance coverage required in the draft Agreement Section 11.89.

Certificates of Insurance
WM secures gold-standard insurance coverage to protect our partners. Going above and beyond, we provide environmental site liability coverage, which covers all active sites that are owned or operated by WM. It offers third-party liability for bodily injury and property damage, and off-site clean-up coverage, coverage for both sudden and non-sudden pollution incidents, and transportation coverage including the loading and unloading of the vehicle. Diamond Bar can rest easy with WM as your service provider knowing that you are always protected by best-in-class insurance. Copies of our certificates of insurance are included on the following pages which serves as evidence that WM has the insurance coverage required in the draft agreement.

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Proposer shall describe how it plans to perform the solid waste services requested in this RFP and described in the Draft Franchise Agreement. Information must separately address all materials collected for Residential, Multifamily, Commercial, and City facilities.

Proposer shall include detailed responses for each component of their collection approach, including at a minimum the categories listed below.

If the strategies and/or assumptions are different for each organic material processing approach, provide details for each approach. Label each approach to correspond with the respective rate proposal. • Routing strategy and productivity assumptions by service sector (SFD, MFD, Commercial and City facilities); discussion of special routing (if any) for collecting in narrow streets, courts, and alleys; and route productivity assumptions (in terms of SFD accounts per route per day and MFD/Commercial lifts per route per day) and where these productivity assumptions have been accomplished in other cities serviced by the proposer.
• Collection methodology (e.g., automated, semi-automated, one- or two-person crews, etc.), including discussion of special methods (if any) for collecting in any hard-to-service areas.
• Number of and description of the collection vehicles to be utilized including make, model, and year, body type, yardage capacity, tonnage capacity, type of renewable natural fuel to be used, waste stream(s) to be collected (refuse, recycling, organics), cost, and lease or ownership arrangements. New vehicles are required for residential and MFD, commercial, and City collection services. • This requirement is primarily to ensure that comparable rate proposals are submitted. The City reserves the right to allow the contractor to provide used collection vehicles.
• New or used vehicles may be used for support vehicles. • Manufacturer’s specifications of containers to be utilized. New carts shall be provided for residential and multifamily dwellings that use carts services and new or used containers (i.e., bins and drop boxes) may be provided for customers that are serviced with bins (i.e. MFD/Commercial/City customers).
• Container requirements are described in draft Agreement Section 7.104.3. Proposer shall supply complete technical data and manufacturing specifications on the specific cart, bins and Drop Boxes being used.

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Routing Strategy
Productivity Assumptions
Our routing software, eRouteLogistics® will minimize customer impact and maximize safety and efficiency as it allows us to create the most efficient routes using an algorithm that accounts for all conditions encountered on route.

Our GPS technology allows drivers to log service activity in real time, minimizing the opportunity for missed collections. Our onboard computing system dispatch (OCSD) software application is the system that aggregates all the data generated by our drivers via their onboard units (OBU). It is used by our route managers, dispatch, and customer service teams to make routing decisions and modifications in real time, answer customer questions, and develop new and modify existing routes for efficiency based on historical data.

Onboard Tablets Eliminate Learning Curve
Each collection truck is equipped with onboard tablets that display the driver’s exact route, scheduled collections, and relevant account notes such as container placement. The tablets include GPS technology that allow drivers to log service activity in real-time. Collection statuses minimize the opportunity for missed collections. These resources will enable the WM drivers servicing Diamond Bar’s commercial sector to learn their routes quicker and minimize service disruptions.

You can find an in-depth description of our eRouteLogistics® software, and other software programs discussed above and later in this section.

Route Development and On-going Route Maintenance
As discussed above, our routes are built utilizing a combination of the latest technology, historical data and driver knowledge. Some variables we consider are service time windows, traffic patterns, disposal trip time, enclosures, hard to service areas, etc. Typically, our route adjustments do not result in service day changes. We have a dedicated group of people called the Business Optimization Team who's primarily focus is to seek opportunities that will deliver efficient, safe and reliable service to our customers.

We are consistently making route adjustments to ensure routes are working efficiently, For the City of Diamond Bar, if awarded the commercial sector, the process for routing the commercial sector will start by Q2 2025.

Residential Routing Average
As the City’s current service provider for residential services, routes are currently in place. Through optimization, WM’s route efficiency average in Diamond Bar is 95 homes/hour. This includes MFD accounts that are serviced with carts. This routing efficiency average is not just being accomplished currently in Diamond Bar, also La Verne, Arcadia, San Dimas, Baldwin Park. All cities are serviced by our San Gabriel Hauling District.

Furthermore, Diamond Bar will continue to be serviced with WM drivers who are already familiar with every street and home in your City. Our drivers have intimate knowledge of the customers on their assigned routes, who is offered valet service, where should the carts be placed back, and even where their little WM fans are routinely waiting for them to wave “hello”.

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Commercial Routing Average
While WM does not currently service the commercial sector of the City, however we are extremely familiar with your City and based on our years of experience in Diamond Bar, we are certain that we can match, if not further improve the current efficiency average of 27 yards/hour that we are currently accomplishing in the cities of Baldwin Park, Arcadia, La Verne, San Dimas. Again, all cities are currently serviced by our San Gabriel Hauling District.

City Facilities
Historically, waste collection service for City facilities has been primarily provided with FEL trucks servicing commercial bins. Our commercial route efficiency described above also includes service to City Facilities.

Hard-To-Service Areas
Special Routing for collection in hard to service areas where a Scout truck is used.

Scout Truck routes are created daily: tickets generated for each customer (based on what their scheduled service is) are sequenced to align with the routing schedule of the “mother truck(s)”—the collection vehicles that are scheduled to service the customer that day. All this information is tracked on the Scout driver’s on-board tablet. The Scout driver begins servicing his scheduled route by removing the bins and placing them on the curb. Within a short timeframe, the bins get serviced by the collection vehicle(s). After the bin(s) have been serviced, a notification is sent to the Scout driver’s on-board tablet instructing them to return the bins back to their location. Once the bins are returned, the Scout driver confirms the service is completed their tablet and the ticket is closed. The on-board tablet keeps track of the tickets to ensure that drivers are completing their routes and safeguards that all bins have been placed back in a timely fashion.

Please note that the routing efficiency of 27 yards/hour, includes the Scout services routes Routing Strategy: Driven by eRouteLogistics®
With more purchases being made electronically, many of us have started tracking the status of our deliveries online, and for the first time, we have had visibility into the complex logistics behind each shipment. When we are anxious to receive a package, we watch every stop from the point of intake, to transfers at regional distribution centers. Just as we depend on mail carriers to deliver packages on time, Diamond Bar depends on WM to collect waste safely, efficiently, and on time.

Behind the scenes, we meet these customer expectations with the help of our state-of-the-art technology and software. Our entire fleet is equipped with an onboard computing system (OCS) – touch screen tablet technology that enhances real-time route management and communication between our operations and customer service teams. Through OCS, we use eRouteLogistics® software to build and maintain our routes and Plan Versus Actual (PvA) technology to manage collection routes in real time. • Safety Improvement: Routes are planned in line with company safety policies and protocols.

Our routes accommodate traffic patterns and traffic flow, as well as avoid high pedestrian traffic hours at locations such as schools, playgrounds, and parks.

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eRouteLogistics®: Routing Software that Reflects Real-Time Developments As noted earlier, we utilize eRouteLogistics® to develop, manage, and modify routes. The software is used daily by our operations team to ensure that each route is well-maintained and adjusted to reflect new developments and changes in service levels, customer counts, and traffic patterns.

The eRouteLogistics program uses specialized software and a process analysis that bases routing and rerouting on:
eRouteLogistics displays customer locations in a user-friendly map through a variety of coloring and labeling options and allows users to visualize existing and future routes. Updated in near real-time, eRouteLogistics enables our route managers, drivers, dispatchers, and customer service representatives to resolve any questions or concerns our customers or municipal partners may have concerning routes.

This web-based application integrates with our billing and customer database, Mid-Atlantic Services (MAS). MAS provides daily updates to eRouteLogistics to capture new customers and service level changes. eRouteLogistics features mapping capabilities supported by Microsoft’s Bing Maps technology.

Mapping is automatically updated via Bing Maps to reflect road changes and new community developments.
eRouteLogistics features mapping capabilities supported by Microsoft’s Bing Maps technology. Mapping is automatically updated via Bing Maps to reflect road changes and new community developments.

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Plan vs. Actual Technology: Driving Consistency in Service Deliverables that Increase Customer Satisfaction
Using our Plan Versus Actual (PvA) technology, route managers and dispatchers can track every stop on the route virtually. By following the same route order every service day, we create consistency in service and increased customer satisfaction. Through experience, we know that the consistency of collection to a customer is important and if the collection time is different, we hear from residents and businesses. That is why we use PvA software that displays how closely the driver followed the route, where there were delays of more than 10 minutes, and where the driver had to deviate from the route. Coaching consistency is important, and our general goal is to run the route as designed so customers know when to expect us.

The graphic to the right shows the PvA tracking for an
actual route. A route order is typically denoted by blue squares (representing each account on the route). The
order in which stops are serviced is denoted by the
orange squares (based on when the driver "statuses" the stop, meaning, completed the pick-up).

The driver updates the status of each container as it is collected. That route information is shared almost
instantly with the customer service center, so when a
customer calls, our customer service representatives
know what has happened on the ground. This helps the
route manager track down disputed calls and helps the
driver eliminate missed pick-ups.

More Accurate Commercial Services
Commercial settings can be challenging to service. Often, business addresses and container locations do not match. Using a link to the in-truck computer tablet, the route manager can overlay the driver's route onto Bing aerial maps, to identify the commercial customer's account location versus where the container is located on the property. This can assist drivers to avoid missed pickups in confusing settings.

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Real Time Flexibility for On-Time Collections
We know not every day goes smoothly. Traffic
can slow a driver on their route. A driver gets
sick, and the route still needs to be serviced.

Route managers and dispatchers can take a
portion of a route, or an entire route, divide it up
among other trucks, and seamlessly drop those
stops onto the other drivers' tablets. This puts the
customer first, allowing us to quickly react to all
situations. Additionally, route managers and
dispatchers have access to each driver's tablet
and can track how many stops are on their route
and progress to completion.

While sitting at their desk, our operations team
can see where our trucks are located, the stops
already completed, and the day's work left to be
collected. By dropping an electronic ticket on the
map, the software pinpoints the location of the issue and gives our operations team the tools needed to re-route the work to the nearest truck.

Our drivers will know Diamond Bar and they make certain you receive excellent customer service. With the help of our route management technologies, our drivers, route managers, and customer service team work together to meet your service expectations of on-time collections delivered in a safe and efficient manner day-in and day-out.
• Collection methodology (e.g., automated, semi-automated, one- or two-person crews, etc.), including discussion of special methods (if any) for collecting in any hard-to-service areas.

Automated Side Loader (ASL) Collection
WM will use the automated side loader to collect your resident’s waste and recyclables. Operated by a single driver from inside the truck, the automated side loader utilizes a mechanical arm with a claw to pick up a cart from the curb. When grasping onto the cart, the claw makes a secure grip around the widest part of the cart body. After gripping the cart, the mechanical arm lifts the cart up, dumping waste into the top front of the truck. Waste is then forced through an aperture into the main body and compacted toward the rear of the truck. The driver is able to then reset the cart in its original curbside position.

Front End Load (FEL) Collection
WM will use the Front End Load vehicles to collect commercial customers’ waste and recyclables.

Because we are also offering to service organics with cart service, we will be using ASL’s to service organic cart service.

Our Front End Load vehicles are designed for collecting solid waste, recyclables and organics in one to six yard dumpsters, using two hydraulically-powered, movable forks positioned at the front of the truck. A significant advantage front load trucks have is their high load capacity. Most front load garbage trucks can hold significantly more trash than other types of trucks, meaning less trips to landfills, resulting in less wear and tear on the roads and transportation costs. Front load trucks only require one person to operate.

Screenshot of new stops (white numbers) added to
driver’s tablet by the route manager.

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Thus, using front load trucks typically means reduced labor costs and a safer pick up, as the driver remains inside the vehicle as the container is lifted.

These trucks are made to store and transport waste, so the chance of accidentally spilling trash into the street is lower than most other truck varieties. Using FELs helps ensure waste is transported without polluting your cities or endangering other drivers on the road. FELs are also made to effectively operate in narrow spaces, which also increases the overall safety that these trucks bring to your community.

Following is a description of the benefits of the FELs that WM propose using in Diamond Bar, which have additional features and benefits than other fleets in the industry.

Diamond Bar City CouncilFebruary 4, 2025

Diamond Bar City Council
February 4, 2025