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Solid Waste Services Agreement - WM

Diamond Bar City Council
February 4, 2025

Document
Solid Waste Services Agreement - WM
Meeting
February 4, 2025
Body
Diamond Bar City Council
Original file
15.0 MB
Text extracted from the city's file for reading and search. Open the original on diamondbarca.iqm2.com. That file is the official record.

Cart and Container Deliveries
Diamond Bar residential and/or commercial customer will receive a cart or container prior to their first scheduled collection day under the new contract. Cart deliveries may be spread out over the course of 30 days. Three (3) months before the start of the contract, we will educate customers on the benefits of cartbased collection, available cart sizes, and key cart delivery dates. Information will be communicated at community meetings and through direct mail, out-dials, local media, and social media outlets. At this time, customers will also be notified of the final date they may request a change to their cart size and their options for disposing of existing carts, bins, or cans.

Similarly, commercial customers will also receive outreach regarding the delivery of carts and containers as applicable, when to expect them and how to modify service levels.

WM will be using our vendor FleetGenius Services, a proud partner of WM for over 15 years. FleetGenius has 25 years of experience and transitioned most of the cities in Southern CA to new automated containers, and many across the entire country.

FleetGenius will support the local WM operations team by delivering the containers to Diamond Bar residents and commercial customers.

FleetGenius Services is an industry leader through its use of propriety software to digitally capture notes, photographs, and geocoding for all cart deliveries. Our goal is to eliminate any opportunity for customer disruption and achieve a seamless transition.

Working with FleetGenius, we will take the following steps to make sure the proper cart(s) and bins(s) are delivered to each customer:
• Acquire conveniently located cart delivery staging area(s) to maximize our ability to deliver all carts and bins.
o We will work with City staff to ensure that the staging areas as pre-approved. • We will produce an easy-to-read interactive map for residents to confirm their scheduled delivery timeframe.
• Any discrepancies in planned versus actual delivery will be noted by the delivery crew and resolved daily by route management.

Proposer shall provide an AB 341, AB 1826, and SB 1383 implementation plan detailing planned tasks, procedures, and schedule to ensure the City’s compliance with AB 341, AB 1826, and SB 1383.

The plan should address the following requirements.

A description of proposer’s public education and outreach plans that comply with all CalRecycle requirements for Outreach and Education, Monitoring and Reporting, and Performance Standards and other applicable regulations.

The plan shall include, at a minimum, the following components:
• Timeline
• Description of all proposed activities
• Description of all proposed printed materials and electronic content • Examples of materials and content the proposer has developed for other jurisdictions (proposer may include materials as an attachment or provide images of the material within the proposal text). • Description of labels to be attached to containers that clearly indicate the accepted and prohibitive materials to be placed in containers. Labels shall comply with CalRecycle guidelines for labeling/signage. • Proposed continued outreach efforts to increase participation in recycling and organics programs, including use of direct mail, community workshops, development of how-to videos, dedicated website, community events, school outreach, etc. • Proposed contamination monitoring procedures including performing route reviews and or waste evaluations.

WM is fully prepared to assist the City of Diamond Bar in meeting the State of California Senate Bill 1383 (SB 1383) requirements. SB 1383 introduces significant changes to commercial, multifamily, and residential solid waste collection services. At WM, our subject matter experts researched these new requirements early on to best position our services to offer our residential and commercial customers efficient, innovative, and solution-driven SB 1383-compliant programs. We created a comprehensive plan detailing planned tasks, procedures, and schedule to help you meet jurisdictional responsibilities, assist with capacity planning, drive, diversion goals, and provide the support desired to comply with SB 1383, as well as AB 341 and AB 1826.
• Timeline
A representative timeline is provided on pages 99-103.
• Description of all proposed activities
• Description of all proposed printed materials and electronic content • Examples of materials and content the proposer has developed for other jurisdictions (proposer may include materials as an attachment or provide images of the material within the proposal text).

Targeted and Multifaceted Implementation and Monitoring Plan WM wholly intends to help the City of Diamond Bar achieve full compliance with AB 341, AB 1826, and SB 1383 including all requirements as per the Draft Franchise Agreement throughout the life of the Contract.

SB 1383 is changing the way we manage solid waste and recycling, and WM recognizes that a targeted and multifaceted Implementation and Monitoring Plan is required to ensure a robust and sustainable recycling, organics, and overall diversion program in the City of Diamond Bar. Our plan focuses on three key areas:
• Targeted Education & Outreach for All Sectors
• Integrated Route Audit and Contamination Monitoring Program to Drive Behavior Change • Holistic Data Monitoring and Reporting to Monitor Progress and Drive Continuous Improvement Additionally, our plan is supported by our dedicated SB 1383 Regulatory Team, who provides an additional level of support to the City of Diamond Bar during their implementation journey. SB 1383 has drastically changed the industry in California. Because of the complexity of the new requirements and the importance of achieving compliance, we put together a dedicated SB 1383 Regulatory team to help guide us through the process. This team has worked directly with CalRecycle as well as with dozens of jurisdictions throughout the State of California helping to simplify SB 1383 implementation. They specialize in policy, regulatory compliance, SB 1383 program development and reporting. They will monitor SB 1383 requirements, overall compliance trends and changes directed by Cal Recycle and will meet regularly with the City of Diamond Bar team to review progress and advise on emerging issues and challenges.

Meet the Team! Your local Diamond Bar team is backed by our dedicated SB 1383 Regulatory Team to help Diamond Bar every step of the way.

Alex Oseguera, Director, Government Affairs
With more than 30 years of extensive experience in the environmental services industry and in public policy, Alex helps define WM’s statewide strategy for SB 1383 compliance.

Brian Bowen, Senior Regulatory Manager
Brian has over 40 years of experience providing data-driven solutions to the industry’s complex operations and environmental issues and working with the regulatory community.

Stephen Moreno, SB 1383 Consultant
Steven is a process, analysis, and program management veteran focusing on the regulatory compliance and reporting requirements of SB 1383 for jurisdictions and WM operations.

Katy Wong, Marketing Project Manager
With nearly 15 years of experience in the public education and outreach realm, Katy supports WM’s integrated SB 1838 Dashboard, coordinates internal training and facilitates new tools, processes, and resources to help WM Reps and customers comply with SB 1383.

WM is electing the standard basis as opposed to the performance-based method to comply with SB 1383. After implementing our recycling compliance plan and allowing a few years to monitor results, WM can work with City to decide whether switching to performance-based method makes sense for the City and overall compliance goals.

Targeted Education and Outreach for All Sectors
SB 1383 requires jurisdictions to provide organic waste recycling to all residents and businesses.

Organics recycling is new to many businesses and residents, and recycling education and contamination minimization continues to be a focus, so it is essential that WM provides a comprehensive, ongoing education and outreach program to raise awareness and drive the right behavior. WM is excited to continue working with the City of Diamond Bar to implement a data-based, community-focused outreach and education campaign designed for your community over the entire term of the contract.

A comprehensive education and outreach campaign is required early on to attain the desired recycling behavior and knowledge base among Diamond Bar residents and businesses. Today, people rely on various forms of communication to get the most up-to-date information. That is why we have many different methods of connecting with our customers which all share a common goal - to provide clear, concise, and relevant service and educational information.

The following pages will discuss in detail our AB 341, AB 1826, and SB 1383 outreach plan and timeline, which is designed to ensure continued compliance for the City. This plan will build on our Transition Plan and go into further description of the ongoing education outreach efforts and processes that will occur throughout the course of the Agreement. WM will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and identify and develop new outreach as necessary to meet diversion targets.

Following is our Diamond Bar flyer discussing Residential Organics Recycling.

Outreach Plan and Timeline
Program Details
RESIDENTIAL, MULTIFAMILY, and COMMERCIAL
Dedicated
Representative
Exclusive to Diamond
Bar
(Available from Day One)
WM will hire a dedicated TBD Recycling and Sustainability Manager (RSM) that will join the existing Diamond Bar WM team to assist and carry out education and outreach for residential, multifamily, and commercial customers. The TBD Recycling and Sustainability Manager will also assist with City facility compliance, as well as assist with public events and community workshops.

Comprehensive Service
Guide and Welcome
Packet
(Annually mailed to
customers)
WM’s Welcome Packet, or Comprehensive Service Guide, will be available in print and electronic form for each customer type and will include WM’s collection procedure summary and services. This includes but is not limited to how-to’s for container collection, information on the service program, like the large item collection program, At Your Door Program (household hazardous waste curbside collection program), Sharps Mail Back Program, holiday collection schedules, recycling/composting guidelines, waste prevention tips, and Customer Service contact information. In addition, these packets will include information on pertinent laws to the customer type such as AB 341, AB 1826, AB 827, and SB 1383.

In addition to mailing out to customers, the Comprehensive Guideline will be located on the WM local Diamond Bar website throughout the life of the Contract.

Community Workshops
(Bi-annual)
The WM TBD Recycling and Sustainability Manager will host community workshops to discuss recycling programs and services and offer an opportunity for customers to have an in-person Q&A. These workshops will cover State mandates, recycling programs, and key WM services and information.

The workshops will be as many as needed through the start of the contract. We commit to bi-annual meetings throughout the life of the Contract to continue to support recycling efforts.

In addition to City workshops, we will look for opportunities to work with the following groups to re-enforce recycling practices and programs.

Chamber, Civic Group Presentations WM will reach out to the local Chamber of Commerce and service organizations to work with these organizations to complete presentations to the business community about available services and programs, education around state mandates (AB 341, AB1826, SB 1383) as well as the benefits of recycling services.

HOAs/Property Manager Meetings: Rosemead’s Recycling and Sustainability Manager will attend HOA meetings and tenant meetings to provide recycling presentations.

Educational Institutions: WM will coordinate efforts with School Districts to ensure that parents and students have access to service guides and recycling program information. WM will also offer to attend recycling focused assemblies and participate at school events where our team can host an education booth.

Educational Fliers
(Quarterly distribution)
Easily Accessible Online
WM currently has multiple recycling fliers, food waste recycling fliers, and informational fliers that address current State mandates. To further add to our library of resources, WM will create new and updated educational flyers, which will include SB 1383. These flyers will provide meaningful information, graphics, and details on how to participate and comply with State mandates and recycling programs. It will include information about edible food recovery and donation.

These flyers will be distributed quarterly electronically or mailed to customers and will also be available on the Diamond Bar’s WM dedicated website for each customer type throughout the life of the Contract. All written communication material will be in English, Spanish, Korean and Mandarin Pro How-to Videos
(Ongoing)
WM will produce how-to videos to educate customers on how to recycle right and participate in the organics recycling program.

Program Details
RESIDENTIAL, MULTIFAMILY, and COMMERCIAL
We are projecting to have these videos ready to circulate by start of contract and create various videos to address relevant topics to support good recycling habits through the life of the Contract.

Right Size Containers/
Commercial bins
Our WM Smart Truck® Program can monitor every stop and the entire contents of each container day in and day out – not just what is visible on top, only once a year as required by the regulations. By auditing daily, and providing targeted customer education, we can help keep waste streams clean and ensure customers have the right level of service.

WM TBD Recycling and Sustainability Manager can work with these customers individually to ensure that they have the proper service level to minimize contamination and increase recycling efforts, as well as train staff to manage the waste accordingly to minimize these issues.

Multifamily Outreach- We will work closely with HOA’s, Property Management representatives to outreach directly to tenants through meetings, use of the property’s communication channels like newsletters, email system to ensure that proper recycling communication gets to tenants.

SB 1383 Route
Audits/Cart Monitoring
(Ongoing)
With WM’s Smart TruckSM Program, compliance with route monitoring requirements is made easy. Our program has been confirmed with CalRecycle to comply with SB 1383 requirements by auditing containers for contamination and providing personalized, educational feedback to residents. It also provides the information and insights needed for simple reporting to CalRecycle and the continuous refinement of your community’s successful diversion strategy.

Route review plans will be created and approved by the City annually.

Data collected will allow opportunities to identify sections of the City that may require additional education and outreach to the specified routes. A specific outreach plan can be created to address these areas of concern to improve recycling efforts.

Container Monitoring Notices:

Customers will be notified if the cart is identified as contaminated, overfilled, or containing unacceptable waste. The program highlights multiple educational opportunities before right sizing the level of services and/or contamination fees are incurred.

Correspondence to customer will contain the following information:
• A listing of reasons why materials were left or will be left in the future. • A listing of materials that are acceptable.
• A listing of materials that are not acceptable.
• Customer Service contact information.
• Explanation next steps if contamination continues.

Multiple Notices: Recycling and Sustainability Manager will contact customer to provide technical system to prevent incidents.

Waste Evaluation
Studies
(As needed)
WM is offering the City of Diamond Bar waste evaluations for their residential and commercial waste streams. This will ensure we continuously track diversion progress and monitor contamination levels throughout the City.

Reports
(Ongoing)
WM will submit the monthly, quarterly, and annual reports as required in the Franchise Agreement and CalRecycle.

In addition, we will make ourselves available to assist with any additional information required by CalRecycle.

Website and Social
Media
WM uses digital and social media platforms to inform customers about our services, recycling and food waste recycling programs, and community events. As mentioned, WM will continue to support and update the WM Diamond Program Details
RESIDENTIAL, MULTIFAMILY, and COMMERCIAL
(Ongoing) Bar website which will have the most up-to-date information on services, events, and programs. The website will offer customers the ability to add new services or request changes to existing services, manage billing, interact with a CSR via live chat or email. Additionally, the website will contain a plethora of information about AB 939, AB 341, AB 1826, and SB 1383, as well as our program services and tips for recycling right. WM will work with City staff and our Southern California Communications Team to manage our social media posts and website updates.

Event Education
WM’s Diamond Bar dedicated local team will host recycling and food waste recycling informational booth at) community events each year.

The Sustainability Compliance Representatives will provide educational materials to those who attend.

Program Details
MULTIFAMILY and COMMERCIAL- Further Compliance Efforts
Notices of noncompliance Quarterly
(Quarterly)
WM will send multifamily and commercial accounts notices on a quarterly bases advising them that they need to be in compliance with state recycling mandates. Notices will have information regarding the recycling mandates, contact information of Sustainability Compliance Representative for a free waste audit assistance to get in compliance.

Annual Site Visits
/Waste Audits
Assistance with Waivers
(Quarterly)
Accounts that are in compliance with SB 1383, the focus will transition to proper recycling education, ensuring that customers have recycling information and, training material for employees to ensure proper recycling is taking place.

Accounts that are non-compliant: Focus will be to work with customers to get them in compliance with recycling mandates. WM will conduct waste audits to develop a proposed recycling program to get customers in compliance.

We will also provide training and education material for a successful recycling program.

Assistance with Waivers: If customers provide information that they have established a third party program or are self-hauling, WM will assist the City to gather documentation of these internal programs, including edible food donations.

Program Details

COMMERCIAL SECTOR
Edible Food Recovery
and Donation
(Ongoing)
As part of SB 1383 requirements, jurisdictions are required to educate constituents about food recovery to help achieve the State-wide goal of 20% edible food recovery. To assist the City in this feat, WM will create customized educational materials that highlight how and where the Diamond Bar community can participate in edible food recovery and donation.

WM TBD Recycling and Sustainability Manager can serve as liaison between the commercial customers and identified food recovery organizations to support a successful food recovery program in Diamond Bar.

Program Details

COMMERCIAL SECTOR
Industrial Sector
(Ongoing)
Construction & Demolition Waste. All New Construction Accounts have access to our Builders Direct Program. This program is tailored to meet the needs of all contractors offering DART Reporting (diversion reporting). A representative will be able to provide guidance to the contractor to ensure material is being diverted.

Source-Separated Collection WM will provide multiple containers on large job sites to enable developer/contractors to source-separate materials. Job sites with limited space might also source-separate material using containers phased to match the construction progress, i.e., rock, inerts, concrete & wood for demolition and flatwork phases, wood for framing phases, plastics & metals for plumbing, electrical & ducting phases, drywall for wall phases, carpet remnants, cardboard for HVAC, appliance, and finish phases.

Mixed C&D Processing WM will provide containers for mixed construction and demolition roll-off processing.

Support City Facilities
(Ongoing)
Audit City Facilities: At the start of the contract, WM’s Recycling and Sustainability Manager will work with appropriate City staff to understand each facility waste collection needs- ensure that all facilities are set up for recycling and organic diversion.

Training Staff: WM will offer training to City staff that are primarily responsible handling city’s waste, including contracted janitorial service.

Training Code Enforcement Staff and Staff interacts with Business Community: WM will work with these departments to ensure that staff is aware of the service programs, State recycling mandates so this can be communicated to residents and the business community.

Education Material: Recycling Education Visuals will be provided to all facilities to help City staff recycle properly.

Incentive Programs
(Ongoing)
Residential Recycling Rewards Program Annually in celebration of America Recycles Day - WM will work with city staff to recognize a residential customer at a council meeting for being a model citizen by Recycling Right. WM will provide a gift along with a Recycling All Star Certificate Commercial Recycling Rewards Program Annually in celebration of America Recycles Day - WM will work with city staff to recognize a commercial customer at a council meeting for being a model business owner by Recycling Right. WM will provide a gift basket along with a Recycling All Star Certificate Food Recovery Program WM will work to coordinate an incentive program to recognize commercial customers who select to work with local food recovery organizations.

Program Details

COMMERCIAL SECTOR
Additional WM Education
Tools
(Ongoing)
Residential & Commercial Invoice Inserts Bill inserts provide a simple and effective method to educate residents and commercial customers about service changes, recycling and sustainability programs, and/or other important information.

Marketing Resources WM will distribute video and images (social media education posts) geared towards residential and commercial customers to inform regarding special programs, recycling initiatives such as AB341. AB1826 and SB 1383 for city staff to incorporate in its traditional and social media platforms.

Social Media WM will use its presence on social media (Facebook, Twitter, and Instagram) to provide real-time information about our local operations, enhance community conversations, promote recycling and engage more directly with customers and community organizations to address their questions.

Recycle Right WM will use this site to educate residents, multifamily, and commercial businesses on important recycling topics, and to offer tools, such as posters, recycling fact sheets and videos that can be used to support recycling practices. WM will use https://www.wm.com/us/en/recycle-right to educate the community about the changing world of recycling, industry news and trends.

Education Material at City Facilities WM will make available copies of collateral material created for city staff distribution at city facilities for both residential and commercial customers. Material will provide information regarding state recycling mandates, recycling services offered, and C&D recycling information.

Focusing on Commercial and Multifamily Sectors for Compliance Approach Following is the standardized approach that will be taken for identifying, communicating with customers, and preparing a recycling and food waste recycling diversion plan for each business:

Generator Identification: WM will utilize our proprietary SB 1383 Dashboard to manage customer compliance. Our Dashboard aggregates key data points from various systems, including customer service levels, any waivers or forms previously obtained, or other mitigating compliance factors, like an internal third-party recycling program for one holistic view of customer compliance with recycling and organics mandates. Annually and at the start of each year WM will export and provide a list of customers without recycling and/or organics service.

Compliance Notification: A City approved letter will be mailed to non-compliant customers informing them of their need to comply with State regulations. The letter will include education material regarding the regulations and provide information how WM can assist customer to become compliant.

Customer Responses: Non- compliant customers will be contacted throughout the year by phone, followed by written correspondence in the form of an email or letter to inform them of their need to comply.

Customers who respond, their current service levels will be confirmed, and we will coordinate a meeting with the key decision-maker for an in-person site visit and food waste recycling training.

Customers identified to have an internal third-party recycling program: a site visit will be conducted to confirm full participation in the program and to assess if further training or education is needed. We will also provide forms to track recycling volume to submit to City for diversion credit.

Site Visits: Customers’ waste streams will be audited to estimate solid waste, recyclable material, and organics materials generated. The waste characterization summary will be used to recommend service levels and frequencies and provide the associated costs. WM’s TBD Recycling and Sustainability Manager will work to coordinate adjusting each customer’s account to update service schedule, billing and coordinate the drop of cart/bins.

The information will be gathered in a pre-approved format and will be made readily available for City’s review, if requested.

If a customer has an internal or back-hauling program, the WM Sustainability Compliance Representative will document and verify that the program is comprehensive and achieves full compliance and will provide documentation to City staff to obtain approval and assist with obtaining the third-party tonnage for reporting and diversion credit purposes.

Customer information will be provided to the City in a pre-approved format for any identified third-party recycling programs.

All outreach activity is tracked and reported via our SB 1383 Dashboard.

In addition to Diamond Bar’s dedicated team, WM employs a team of over 50 Recycling Education Reps who can be leveraged to provide site visits and additional outreach, as needed.

AB 827 Compliance: During these site visits, food establishment will also be provided information regarding AB 827, CalRecycle’s website and WM’s education website will be included where they can obtain the posters and signs required to comply.

Waiver Assistance: For customers identified as meeting the requirements for a de minimis or physical space constraint waiver, the information would be shared with the City in pre-approved waiver format for the City’s approval. These waivers will be reviewed every five years.

Training On-going in-person recycling and food waste recycling trainings will be offered to commercial and multifamily customers to ensure a sustainable and successful program.

The training typically does not take more than 20 minutes and it allows for property managers and staff to receive hands-on information about State and/or local mandates, learn about WM’s recycling and/or organics program, understand best practices for source separating materials, and ask questions directly to the WM Sustainability Compliance Representative.

Customer will be contacted a month later to review the progress and WM will provide any additional recycling education material or training needed.

Training will be offered to customers identified as having continuous contamination and container overage incidents.

Additional Resources All customers will have access to the WM Diamond Bar local website, which will showcase information specifically tailored to commercial and multifamily customers. It will feature information on State and/or local mandates, WM diversion programs, local edible food recovery resources, FAQs, and a form that allows customers to request technical assistance and connect with the Sustainability Compliance Representative. The website will also have a link to WM informative how-to videos which can be used in training sessions.

Residential Compliance Outreach
In addition to the education and
outreach efforts as described above
and in the chart from the previous
pages, WM will continue SB 1383
residential outreach annually. This
outreach material will provide
educational information about SB
1383 and meaningful graphics
which show how to participate in the
program. In addition, the WM
Recycling and Sustainability
Manager will continue to host
community workshops to provide
program information, highlight
sustainable at-home best practices,
and answer questions. By utilizing
the WM Smart Truck® program
along with data collected in the SB
1383 Dashboard, WM can identify
customers and routes with repeated
incidents of contamination and will
be able to provide them with
additional outreach. This additional,
target outreach will include
additional flyers and educational
materials and working with localized
community groups that can help
with outreach efforts.

Public Education Materials for all of Diamond Bar Stakeholders and Services We already have many professional education materials customized for the City of Diamond Bar that will be updated for new contract terms and service enhancements. Additionally, we have the in-house capabilities, including graphic designers and copywriters, to continually create fresh, new materials to meet the evolving education and outreach needs of City as well as City of Diamond Bar’s residents and businesses.

Transcreated Materials
WM is a leader in providing culturally
appropriate recycling education. We
transcreate educational materials by delving
into a culture, finding relevant products and
symbols, then creating unique materials. We
have recycling and organics guidelines
transcreated in multiple languages. All of
Diamond Bar’s outreach materials will be in
Spanish, Korean and Mandarin.

• Description of labels to be attached to containers that clearly indicate the accepted and prohibitive materials to be placed in containers. Labels shall comply with CalRecycle guidelines for labeling/signage.

Container Labels:

Upon award of the Contract, WM will immediately begin designing the labels to be located on the inside of the cart lid for residential carts and on the front side of the commercial bins. Recycling information material with be compliant with CalRecycle’s guidelines for signage.

Following are examples of labels that have been utilized. Label and graphics instructions will be coordinated with City to obtain pre-approval. Labels will also be printed in Spanish, Korean and Mandarin. • Proposed contamination monitoring procedures including performing route reviews and or waste evaluations.

Integrated Route Audit and Contamination Monitoring Program to Drive Behavior Change
WM will continue using our innovative WM Smart Truck® program to meet and exceed SB 1383 Route Monitoring requirements.

Keeping recycling and organics waste streams clean will help ensure the materials collected can be processed or composted. Reducing contamination helps to make certain collected materials go on to have a second life. Our proprietary technology, WM Smart Truck® and adoption of Community Based Social Marketing (CBSM) outreach strategies provides your municipality tremendous value that will allow your municipality to monitor contamination and develop strategic outreach strategies effectively and efficiently. This technology enables us to audit every cart on a route to look for contaminants and provide customers feedback in the form of contamination notifications. These notifications educate customers on how to recycle right, reduce contamination, and increase diversion. Using cameras on our trucks, we document every stop and the contents of each container day in and day out – not just one time a year as required by the regulations. By auditing daily and identifying customers who need help eliminating contamination or increasing volume of organics service, we are able to consistently educate customers and change behavior.

How WM Smart Truck® Works
WM Smart Truck® technology captures footage of customer containers during service. Artificial Intelligence (AI) is used to identify anomalies, like contamination or overloaded containers. A dedicated team of technicians review the footage and confirms results to ensure materials are placed in the correct container and collected successfully. This information is never shared. If a cart associated with a service address is overloaded or has nonacceptable material inside, customers receive educational notifications.

WM Smart Truck® Customer Communications
WM has created customizable WM Smart Truck® customer
educational communications to strategically collaborate with our customers and help build awareness of the importance of placing the right materials into the right cart.

When contamination is identified, WM will follow the notification process outlined in the contract agreement, and provide contamination notice and education to the resident or commercial customer via the communication channel of their choice. This will help accelerate behavior change and reduces contamination.

Recycling and Sustainability Manager will work with customers who are found to receive multiple notices within the timeframe outlined in the contract agreement to right size the level of service to the customer’s needs, provide further proper recycling education and training to minimize contamination habits.

WM will maintain SB 1383-compliant records to report on contamination monitoring activities, actions taken, and customer communications sent via our new WM SB 1383 Dashboard. This Dashboard will allow the municipality to seamlessly track material streams, route reviews, contamination notices at the municipality, route, and customer levels. Find more information below. WM plans to use this data to inform outreach and education decisions.

Our proprietary Smart Truck® technology
can capture video and photo of every
collection.

The Benefits of Smart Truck®
• Smart Truck® helps you meet and exceed SB 1383 auditing and monitoring requirements. • Smart Truck® maximizes safety by automating processes that keep our drivers in the cab so they can focus on the task at hand while constantly monitoring their surroundings. • Smart Truck® provides better service with more transparency using GPS and dedicated cameras to photograph container contents and provide feedback. • Smart Truck® improves waste-related decision-making. Awareness is the first step to behavior change. Using pictures or video, WM Smart Truck® technology notifies the customer of trash overages, contamination, and container issues to help increase efficiencies and reduce costs. • Smart Truck® enhances community aesthetics. Images and videos allow us to proactively identify service opportunities such as graffiti that needs to be removed and overflowing dumpsters that need to be addressed.

Additional Waste Evaluation Studies
In addition to the mandated waste evaluation studies required by SB 1383, WM is also offering the City additional waste audits as needed to track diversion results and contamination thresholds on routes that are known to produce less than desirable results. These waste audits will be performed using Smart Truck data to characterize given routes. By this process, performance by customer and by customer sector can be effectively determined and corrective campaigns can be developed. Through these audits, WM will record which routes have high levels of contamination, or over 25%. This will aid the City and the TBD Recycling and Sustainability Manager in identifying which areas need additional targeted outreach, as well as allow us to monitor diversion progress monthly.

Should CalRecycle modify the requirements for measuring contamination, WM will immediately meet and confer with the City to determine how any new or modified requirements will be addressed.

Holistic Data Monitoring and Reporting to Monitor Progress and Drive Continuous Improvement
WM’s SB 1383 Dashboard makes Compliance Easy
WM’s SB 1383 Dashboard will be a key communication tool. The Dashboard aggregates data from the WM Smart Truck® program and other internal systems to provide one location to monitor key SB 1383 metrics, and additional regulations like AB 341. Views such as Top 25 Customers by the Number of Contamination Incidents and Top 10 Most Contaminated Routes, will help target education and outreach to reduce contamination and improve diversion in the municipality. We will also be tracking all education outreach efforts through this Dashboard.

Dedicated Department Responsible for Tracking, Reporting and Meeting All Obligations Since the adoption of AB 939, Municipal Waste Contracts in the State of California have grown increasingly more complicated. That complication has continued to grow with SB1016, AB341, AB1826 and now SB 1383. WM has responded to this growing complication by creating a dedicated Contract Management department, separate from the daily contract managers, that ensure we adhere to all obligations as outlined in our agreements.

A dedicated Contract Management department holds the company to the highest possible standard of compliance and service excellence, ensuring our obligations are met from the first day of the contract to the last. This level of contract management supports the City in solid waste management and regulatory compliance, creating a clear and manageable path of obligations and deliverables with little to no time commitment required on the part of City Staff.

The City of Diamond Bar will continue to have an experienced Contract Compliance Manager, Angie Mendoni, backed by a team of twelve (12) Contract Compliance experts located in Southern California. This team is responsible for monitoring compliance in the administration of contracts including tracking and reporting all contractual milestones, obligations, and touch points. They ensure proactive contract management and milestone ownership, meaning that the right department does the right thing at the right time, with clear processes, roles, and responsibilities across multiple departments and at appropriate levels of seniority. This type of proactive management and the ability and capacity to track efforts are important pillars of SB 1383 compliance assistance.

Contract Management Plan
In her role as the Contract Compliance Manager for the City of Diamond Bar, Angie will continue to be responsible for maintaining a documented Contract Management Plan that outlines adherence to all facets of the agreement including reporting obligations, service standards and adherence to the contract as well as internal WM standardized processes and procedures. Some of her responsibilities are summarized here with the method for reporting outlined in the table that follows. • Serves as an additional point of contact for City staff. • Ensures that monthly, quarterly, and annual reports are submitted timely and will include all information required per contract.
• Facilitates the electronic submission of detailed AB 341, AB 939, AB 1594, AB 1826, and SB 1383 reporting.
• Prepares all contractual and regulatory reporting for WM activities for City review. • Provides customer lists and outreach information as needed for SB 1383 Compliance • Monitors contract performance, submittals, and methods for fees paid for compliance with contract requirements.
• Coordinates internal system and service audits ensuring adherence to the agreement, reviewing findings, and confirming all audit processes are followed. • Works with the District Manager to ensure compliance with service delivery standards including service levels, programs offered, collection hours, facilities used, etc.

Describe proposed efforts to assist the City and its customers with a food rescue and donation program to comply with SB 1383 which establishes a target that not less than 20% of currently disposed edible food is recovered for human consumption by 2025.

WM is committed to working collaboratively with the City of Diamond Bar to develop and implement a successful food recovery assistance program by partnering with food rescue organizations, local businesses, and the community.

WM recognizes that the success of any program begins with creative education material and outreach. Therefore, to assist the city in these efforts, we will not be using a one-size-fits-all strategy. WM will create customized educational materials that highlight how and where Diamond Bar’s large food generators can participate in edible food recovery and donation programs. Our approach will include, but is not limited to, leveraging social media, annual mailers, and customer engagement to circulate clear instruction on how comply with state mandates and participate in food recovery programs. The education material will also emphasize the benefits of methane reduction in the landfills by diverting organic waste, and suggested practices for reducing organic waste generation.

Everything distributed will also be available our designated WM/Diamond Bar website for each customer type throughout the life of the Contract.

The local WM team already has experience working with other WM Franchise Cities to identify and promote food recovery programs, and we will apply any best practices in Diamond Bar to kick off a Food Rescue and Donation Program.

Diamond Bar’s Recycling & Sustainability Representative will also serve as a liaison to connect the City’s food generator with food rescue organizations.

Annual Food Recovery Compliance Reviews to assess compliance will commence on the dates indicated in the Agreement.

ORGANIC TIERS 1 & 2 How They Do Business Barriers Corresponding Outreach Strategies
▪ Back-of-house tends
to generate the most
waste
▪ Often located in multitenant properties
▪ Family-run businesses
▪ High level of
competition
resulting in low
margins
▪ Lack of customer
participation in FOH
recycling
Theme: Reduce waste costs at
your restaurant, store, or food
plant
Methods:
▪ Point to space-efficient bin
options, esp. kitchens and
plant floor
Relevant Subsectors
▪ Restaurants and food
services
▪ Food stores and
wholesalers
▪ Food manufacturing
Target Materials
▪ Pre- and post-consumer
food scraps
▪ Edible food
▪ Food/beverage
containers
▪ Unique work
schedules
▪ Often different
languages spoken by
BOH vs FOH staff
Key decision makers:
▪ Owner
▪ Head chef
▪ Sustainability director
▪ The ‘ick’ factor
▪ Space constraints
in the kitchen
▪ High staff turnover
rates
▪ Employee injuries
from lifting heavy
organics bins
▪ Perceived risk
associated with
surplus food
donation
▪ Emphasize importance of
ongoing staff training
(videos)
▪ Suggest smaller organics
bins to prevent lifting injuries
▪ Address edible food
recovery legal protections
and connect with local food
banks/programs (Good
Samaritan laws)
▪ Suggest customer-facing
marketing materials
▪ Provide education & training
for both front of house and
back of house
Commercial Edible Food Generator Education
Annually, WM will provide customers identified as Tier One and Tier Two food generators with the following:
• Information about the Diamond Bar’s Edible Food Recovery program. • Information about the Commercial Edible Food Generator requirements. • Information about Food Recovery Organizations and Food Recovery Services operating within the City and in the region, and where a list of those Food Recovery Organizations and Food Recovery Services can be found.
• Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

We will provide the City with a list of customers that are identified as falling under the Tier One and Tier Two generators.

Following are sample flyers discussing Commercial pick-ups.

Help Familiarize Food Recovery Organizations with SB 1383 Compliance In addition, we commit to organizing workshops with the Food Recovery Organizations to help them understand their responsibilities to stay in compliance with SB 1383 obligations like food donation tracking and reporting.

Additional Resources:

WM has built a comprehensive Customer Database that can facilitate the record keeping of food recovery data, agreements with food rescue organizations, outreach activity history to each customer identified as a Tier 1 or Tier 2. These records and information can be provided to the City for CalRecycle inquiries and/or reports.

Describe proposed organics recycling program including type of containers proposed. Proposers should include detailed information on customer in-house preparation of material prior to disposal (e.g., bag or no bag requirements); include a comprehensive list of organic materials that are acceptable in each of the programs listed above, and a comprehensive list of organic materials that are not accepted in the program. Also, proposers are requested to submit samples of outreach materials already distributed to customers in a city with a similar program in place if proposer has implemented such program. Please describe your intended approach and activities related to SB 1383 organic waste collection and recycling services, education and outreach, capacity planning, procurement of organic waste products, reporting, contamination monitoring, and other compliance activities.

Making more productive use of food waste is an area of particular focus not only for us, but also for a growing number of stakeholders: consumers, educational institutions, businesses, municipalities, and regulators. The opportunity is substantial, and the payoff can be significant.

Organics recycling has many benefits:
• Recovers a valuable resource.
• Reduces waste which saves natural resources and landfill space. • Reduces methane production.

Recycling Organic Waste Has Never Been Easier
WM is committed to offering an Organic Waste Recycling Program that is convenient and cost-effective.

Diamond Bar residents simply need to place their discarded organic materials (commingled green waste and food waste) in the organics (green) cart. The organic waste materials would need to be placed, unbagged, inside the cart and can be mixed with other acceptable organic wastes such as produce, meats, diary, bakery and dry goods, food-soiled paper, and yard waste.

Diamond Bar Organics Collection
Residential Organics Collection
• WM is proposing to continue to provide weekly collection of residential organic waste on the same day as refuse service.
• Residential organics collection will be identified as commingled green waste and food waste. • Diamond Bar residents will be able to discard food waste directly in their green lid cart (no bags).
• The organics cart will be SB 1383 color compliant: charcoal/grey body container with a green lid. The lid will contain a label with graphic instructions on what material should and should not be placed in the organics cart; all education labels will be translated in Spanish, Korean, and Mandarin.
• WM would already have an established
organics program in the residential
sector prior to starting the new contract
in September 2025. Furthermore,
we will maintain an outreach program
that includes, but is not limited to,
neighborhood meetings (HOAs), social
media content, and City
communications to educate residents about their organic waste recycling program and how to identify acceptable and non-acceptable materials.
• All public education/outreach material will be translated into Spanish, Korean and Mandarin. Also, all public education/outreach material will be pre-approved by the City prior to distribution.
• WM will provide public education and outreach to customers about their organics program on an on-going basis through the life of the contract.

Commercial Organics Collection
• WM is proposing to provide commercial organics recycling at the frequencies of no less than once per week as required by each individual customer.
• We will provide 65-gallon and 2-yard bins for service, but our experience in commercial organics collection indicates that commercial customers prefer the 65-gallon carts because they do not have enough space to accommodate an additional 2-yard bin, and health concerns like odor are mitigated with a more frequent cart collection service. • The commercial bin (or lid if providing cart service) will contain a label with graphic instructions on what material should and should not be placed in the organic’s container; all education labels will be translated in Spanish, Korean and Mandarin.
• By Q2 2025, six (6) months before the start
of the new contract (Sept 2025), WM will
initiate site visits with each commercial
customer to understand their service
collection needs. At the start of service,
outreach will continue but is not limited to,
fliers explaining the program, social media
content, and City communications to
continue to educate commercial customers about the programs, as well as how to identify acceptable and non-acceptable materials.
• All public education/outreach material will be translated into Spanish, Korean and Mandarin, and will be pre-approved by the City prior to distribution.

Plastic Bags: Our Organics Processing Facility Partners do not allow for use of plastic bags. Even compostable plastic bags do no breakdown quickly or completely. Thus resulting in product contamination and site litter. Our education material advises customers to use paper bags or newspaper as an option to minimize food waste odor.

Per obligations outlined in the agreement, WM will help identify all Tier One and Tier Two Commercial Edible Food Generators and provide the food generators with educational material on Food Recovery Organizations. WM will also assist the City with inspections to assess SB 1383 compliance. All data collected will be shared with City on a pre-approved reporting format.

Our Commitment to Finding Innovative Solutions
We are confident that as SB 1383 programs develop throughout the various communities, so will the infrastructure options for organics processing and recycling. This is why we are committed to meeting annually with City staff to review any new viable option that becomes available, including our own infrastructure development.

Currently, WM has the following network of organic facilities (internal and third-party) that quickly can be brought in to assist on a moment’s notice.
• South Valley Compost, WM Affiliate
• Pala Compost, WM Affiliate
• Ecology Compost, Partnership
• Recycle Wood Products, Partnership
We are confident that no other company in the waste management industry is better positioned to collaborate with the City of Diamond Bar to create and support sustainable organics recycling and recovery opportunities that comply with state mandates AB 1826 and SB 1383.

Procurement Requirements is discussed in detail Section 3.9 Reporting and Contamination Monitoring is discussed in detail in Section 3.4 Specify all materials that can be recycled through the residential, multifamily and commercial recycling programs.

The following materials can be recycled through the residential, multifamily and commercial recycling programs.

City of Diamond Bar’s recyclable material is currently processed at our Azusa Material Recovery Facility
WM’s Azusa Material Recovery Facility (MRF) is the
largest facility in the region and is capable of processing more than 20,000 tons of recyclable materials each
month. This facility is equipped with state-of-the-art
equipment that uses magnets, screens, and optical
scanners to sort out and process materials.

Please see our list of acceptable materials that is
reflective of WM’s extensive efforts in securing domestic and global networks of recycling material processors. We are confident in our ability to maximize diversion for the City of Diamond Bar.

Despite being only 10 years old. The Azusa
MRF will be undergoing a $25M investment to
install new technology. This will improve the
recovery rate, decrease residue volume, and
further expand the range of material that can
be recycled.

Describe proposed assistance to the City to ensure that sufficient California recovered organic waste products are procured on behalf of the City to meet the requirements of SB 1383. Identify types and quantities of recovered organic waste products which shall be procured.

WM is fully prepared to assist Diamond Bar in meeting its obligations for procurement of recovered organic waste products, as set forth in 14 CCR Section 18993.1 and outlined in the Franchise Agreement.

WM believes that flexibility is the key to meeting this requirement over the life of the Franchise Agreement, thus ensuring the solutions provided can be responsive to ever-changing environmental, regulatory, and economic factors.

Compost and Mulch - Bring Nature’s Recycling Benefits Home WM is committed to strengthening the City of Diamond Bar’s procurement efforts by procuring the amount of compost and mulch necessary to fulfill the City’s per capita requirement set by SB 1383. One way that WM will help the City meet this requirement is through the City’s Free Mulch Giveaway program that will be available to all Diamond Bar Residents twice a year. WM staff will work with City staff to coordinate these community events.

Diamond Bar residents can take pride in knowing that their organic waste recycling efforts contributed to the compost material they will be taking home to use in gardens. The high-quality compost material provided by WM will serve as an effective way to improve soil health, increase plant production, and reduce the use of water, chemical fertilizers, and pesticides.

In addition, WM staff will work closely with City staff to assist with providing mulch material for the City’s own facility needs.

Procurement Credits - Through our network of Organics Facilities and established Organic Material Sales, WM can offer the City of Diamond Bar procurement credit to meet SB 1383 purchasing requirements through the sale of material on behalf of the City.

This process, approved by Cal Recycle as an appropriate means to meet the obligation, requires no additional City staff time, expense, or liability on the part of the City. The transaction is handled entirely by WM, on the City’s behalf, and documented for the sake of Cal Recycle reporting. We would be happy to discuss this more in depth with the City of Diamond Bar.

Record Keeping - Using WM’s internal accounting system and by electronic database (S2P) we will be able to track all compost material procured on behalf of the City whether this was directly (community compost giveaways, City’s own use) or through procurement credits. Through the life of the Franchise Agreement, we will be able to support the City with SB 1383 procurement reporting obligations.

Renewable Natural Gas - Infrastructure for the production of renewable natural gas derived from organic waste is in development, and this renewable fuel may become available in adequate quantities in future years. WM is closely monitoring those developments.

Provide information about proposed operating facilities, including:
• Yard address for equipment and personnel staging and arrangements for maintenance of equipment. • Office address for customer service, public relations, billing, and franchise administration; and, • Other operating facilities to be used in providing service under this agreement.

WM’s superior facility network (internal and third-party) includes multiple outlets for all materials in case any facility becomes unavailable due to circumstances beyond our control.

Expansive Network of Facilities- Operating Locally for Over 30 years One of the advantages of selecting WM is our local operations. We operate out of our San Gabriel Hauling District, just 15 miles away from Diamond Bar City limits. This proximity allows us to be present and address concerns swiftly. Our San Gabriel Hauling District is fully equipped with an onsite mechanic shop, cart/bin storage and repair shop, and RNG fueling station. Our Operations, Public Sector Management team and Customer Service Management and Dispatch have an office at this location. WM is well-positioned to provide exceptional customer service by being able to quickly address any service concerns from residents and the business community.

The facilities identified below are the primary facilities that will support the day-to-day collection and processing of solid waste in Diamond Bar.

WM has a superior network of facilities (internal and third-party) includes multiple outlets for all materials in case any facility becomes unavailable due to circumstances beyond our control, any of them can quickly be brought in to assist on a moment’s notice.

Operating Facilities
Facility Name Address
Yard address for equipment and
personnel staging and arrangements for
maintenance of equipment;
San Gabriel Hauling
District
13940 Live Oak Ave Baldwin
Park, CA 91706
Office address for customer service,
public relations, billing, and franchise
administration;
San Gabriel Hauling
District
13940 Live Oak Ave Baldwin
Park, CA 91706
Other operating facilities to be used in providing service under this agreement Assistance with initial waste cart
delivery as part of Implementation Plan FleetGenius 840 W. Grove Ave., Orange, CA 92865 Environmental Cleaning Services Green Clean Pressure
Washing, LLC
1602 Shetland Circle Norco, CA
92860
Facility Name Address
Community Support Services
e-Recycling of California
8065 Marine Way, Irvine, CA
92618
(E-Waste Collection)
At-Your-Door HHW
Curbside Collection
10633 Ruchti Rd,
South Gate CA 90280
Proposers must identify all proposed disposal, transfer, and processing facilities for transfer/disposal of refuse, processing of commingled recyclables, processing of organics, processing of mixed waste, and processing of construction and demolition debris.

For each facility, please identify the following:
• The name, address, and SWIS # of the facility.
• The material to be processed (organic waste, commingled recyclables, mixed waste, or construction and demolition debris). • The tipping fee per ton.
• A statement regarding any relationship between the proposer and the facility owner/operator (if any). • Indicate any proposed solid waste facility capacity guarantees. • Current and estimated diversion rate for processing of each waste stream (e.g., residential recyclables, residential organics, sourceseparated commercial recyclables, mixed commercial waste, commercial organics, C&D.) Following are the detailed requirements of proposed facilities for disposal, transfer, and processing:

Transfer Facilities
WM is proposing to use Pomona Valley Transfer Station. WM has a long-standing agreement with Valley Vista to use this facility.

Alternative Facility- At any point during the length of the contract, if an alternative facility is needed WM has the ability to use WM’s Azusa Material Recycling Facility & Transfer Station. This will be discussed with City prior to making a change.

Transfer Facilities
The name and address of the facility; Pomona Valley Transfer Station (Primary) 1371 E. 9th St., Pomona, CA 91766
Owner/operator; Grand Central Recycling and T.S.

Valley Vista
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
WM currently has contract with Valley Vista
SWIS number; 19-AA-1128
The price per ton for transfer $27.83
Indicate any solid waste facility capacity
guarantees being offered; and
Pomona Valley Transfer Station has the capacity to handle Diamond Bar material
Current and Estimated Diversion Rate N/A
The name and address of the facility; Azusa Material Recycling Facility & Transfer Station 1501 West Gladstone, Azusa, CA 91702
Owner/operator; WM owned and operated
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
SWIS number; 19-AA-1127
The price per ton for transfer $38.65
Indicate any solid waste facility capacity
guarantees being offered; and
Azusa Material Transfer Station has the capacity to handle Diamond Bar solid waste
Current and Estimated Diversion Rate N/A
Processing Facilities
Source Separated Recyclable Processing: Azusa Material Recycling Facility WM’s Azusa Material Recycling Facility (MRF) is the largest facility in the region that is capable of processing more than 20,000 tons of recyclable materials each month. This facility is equipped with stateof-the-art equipment that uses magnets, screens, and optical scanners to sort out and process materials.

The Azusa MRF will be undergoing a $25M investment to install new technology. This will improve the recovery rate, decrease residue volume, and further expand the range of material that can be recycled.

The name and address of the facility; Azusa Material Recycling Facility 1501 West Gladstone, Azusa, CA 91702
Owner/ facility operator; WM
A statement regarding any relationship
between the proposer and the facility
owner/operator (if any);
Owner/Operator
SWIS number; 19-AA-1127
The material to be processed (source
separated organic waste, source
separated recyclables, mixed organic
waste, or construction and demolition
debris);
Source separated recyclables
The price per ton; $78.85 net cost to process recyclables Indicate any solid waste facility
capacity guarantees being offered; and
Azusa Transfer and Material Recovery Facility is
owned and operated by WM with a permitted
capacity of 3,800 tons per day with 500 tons per day
available for organic waste processing.

WM guarantees that this facility will have the capacity to accept material from Diamond Bar.

Estimated diversion rate for processing
of each category of recyclables
processed (e.g. residential recyclables,
residential organics, source separated
commercial recyclables, mixed
commercial waste, commercial
organics, C&D.)
85% Material Composition and Market Dependent
Organic Waste Processing Facility
WM has a network of organic facilities (owned and third-party) to support the City of Diamond Bar organic material processing. WM’s organic collection program is source separated organics (commingled green waste and food waste).

The organics material collected in the City, will be pre-processed at our Azusa Material Recycling Facility & Transfer Station, then transported to a network of compost facilities listed below.

This organics processing system is already in place for the residential sector, and will be ready to implement at the start of the contract for the commercial sector.

The name and address of the facility; Azusa Material Recycling Facility 1501 West Gladstone, Azusa, CA 91702
Owner/operator; Waste Management
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
Owner/Operator
SWIS number; 19-AA-1127
The material to be pre- processed: Source
Separate (commingled green waste and food
waste).

Organics Material will be pre- processed and transported any of the following SB 1383 approved facilities:

Facility SWIS #
Address Relationship
South Valley
Compost Site
54-AA0026
24487 Road 140,
Tulare, CA 93274
Operator
South Kern
Industrial Center
Compost Facility
15-AA0381
2653 Santiago Road
Taft, CA 93268
Feedstock
Agreement
WM Pala
Composting
Facility
N/A 12802 CA-76, Pala,
CA 92059
Operator
Ecology Compost N/A 59260 Highway 72,
Salome, AZ 85348
Feedstock
Agreement
The price per ton; $100.79 per ton
Indicate any solid waste facility capacity
guarantees being offered; and
WM guarantees capacity for Diamond Bar’s organics material Estimated diversion rate: 90% of organic material is diverted to beneficial reuse.

Construction and Demolition Processing Facility:

The name and address of the facility; Downtown Diversion, Inc (DDI) 2424 E. Olympic Blvd. Los Angeles, CA 90021
Owner/operator; Waste Management
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
Owner/Operator
SWIS number; 33-AA-0258
The material to be processed (source separated
organic waste, source separated recyclables,
mixed organic waste, or construction and
demolition debris);
C&D Material (Concrete, Porcelain, Rigid Plastics, Tile, Lumber, Metals, Masonry, Plastic, Rock, Insulation)
Indicate any solid waste facility capacity
guarantees being offered; and
DDI has the capacity to Diamond Bar C&D material
Estimated diversion rate for C&D material 75%
The name and address of the facility; Maitri Road Recycling 24980 Maitri Rd. Corona, CA 92883
Owner/operator; Mayhew Aggregates and Mine Reclamation
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
Independently owned and operated facility
SWIS number; 33-AA-0359
The material to be processed (source separated
organic waste, source separated recyclables,
mixed organic waste, or construction and
demolition debris);
Construction & Demolition Debris
Indicate any solid waste facility capacity
guarantees being offered; and
10,000 tons/day
Maitri Road Recycling has the capacity to handle Diamond Bar material
Estimated diversion rate for C&D material 75%
Disposal Facilities
The El Sobrante Landfill is a state-of-the-art Class 3 non-hazardous solid waste disposal facility that strives to protect the environment through conservation and the use of the latest in landfill technology.

The El Sobrante Landfill serves the following Southern California jurisdictions: Los Angeles, Riverside San Bernardino, and San Diego counties. The Landfill is permitted to accept up to 70,000 tons per week, seven days per week (closed Sundays), 24 hours per day (opportunity to minimize local traffic by bringing transfer vehicles during off peak traffic hours).

The name and address of the facility; El Sobrante Landfill 10910 Dawson Canyon Rd, Temescal Valley, CA 92883
Owner/operator; WM
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
Owner/Operator
SWIS number; 33-AA-0217
The price per ton; $35.65
Indicate any solid waste facility capacity
guarantees being offered; and
Estimated remaining capacity 143,977,170 tons; approximately 37 years depending upon inbound volume.

WM guarantees that this facility will have the capacity to accept material from Diamond Bar .

El Sobrante Landfill
Added Program Value: Education Programs
WM’s Azusa MRF and El Sobrante Landfill are proud to be active supporters of community events and programs. Both facilities offer a “tour-based” education program that promotes environmental stewardship and resource conservation. Each year, over 2,000 people participate in the tours to learn about the daily operations, sustainable business practices, clean technology and improving recycling efforts. This educational resource may be offered to Diamond Bar residents, youth, and community groups as an invaluable, hands-on learning experience.

City of Chino Council and Staff took a tour of WM’s Azusa MRF to learn how recyclables become future commodities.

Chino Cub Scouts Pack 205 on a tour of the El Sobrante Landfill

Performance Bond Commitment Letter
Original documents available upon request. Full Bid Bond and Surety information will be included under separate cover.

In accordance with Labor Code Sections 1070, 1072, 1075, and 1076, proposer will offer employment to qualified existing employees of the current contractor that may be displaced if the current contractor is not retained. Please describe your procedures for offering such employment and any limitations. Please describe whether your company operates under a labor collective bargaining agreement.

Displaced Employees
WM is an employer of choice and will gladly offer positions to qualified employees that may be displaced as a result of working for Diamond Bar’s current commercial service provider, contingent upon a background check and drug testing. In the past, our People team (human resources) has worked with the human resources and operations teams of other haulers to sponsor hiring events, information sessions, and more for displaced employees. These events can be held virtually and in the evenings for convenience and COVID-19 concerns.

At WM, we know that benefits and compensation are each
important pieces of every employment decision. This is
why we are constantly working to give our employees an
industry-leading total rewards package that encompasses a broad number of services, including many that are
completely cost-free to the employee.

On our team, each eligible member receives a
comprehensive benefits package that assists them in
protecting their physical, emotional, financial, and social well-being. Available benefits include medical, vision, and dental insurance, employee and family assistance,
retirement savings options, employee discounts, and
other wellness perks.

Total Rewards
WM annually invests more than $10,000 per
employee in a comprehensive benefits package.

WM pays the full cost to provide employees with a
number of benefits, including but not limited to
short and long-term disability benefits, basic life
and AD&D insurance for employees and their
eligible dependents, legal services, and critical
illness coverage for employees, and an employee
and family assistance program. The cost for
optional coverages like medical, vision, and dental
are shared with employees, with WM picking up
much of the expense.

The City expects that the successful proposer(s) will execute an Agreement with the City in substantially the same form as the Draft Agreement (as it may be changed via Addendum during the RFP process).

Proposers are required to carefully review the Agreement before submitting proposals and are encouraged to have it reviewed by legal counsel. Proposers are also encouraged to submit written questions about any provision in the Agreement not fully understood, which would appear to be inconsistent with other provisions or otherwise incorrect, or which may deter them from submitting a Proposal or significantly increase the rate of their Proposal.

To demonstrate agreement with to all terms and conditions of the draft Agreement as written, proposers are required to sign and include in their proposal the signature page of the draft Agreement. Any exceptions must include the nature of the proposed exception, the draft Agreement Section, proposed substitute language, and the change in costs that would take place if the proposed language were to be accepted by the City. The proposal is not considered complete without this signed page.

The number, nature and materiality of objectionable provisions and suggested changes to the Agreement will be considered in evaluating proposals.

Our Sample Contract will be provided under separate cover.

DRAFT AGREEMENT EXCEPTIONS
CONFIDENTIAL – BUSINESS PROPRIETARY/TRADE SECRET INFORMATION DIAMOND BAR – REQUEST FOR PROPOSALS FOR SOLID WASTE SERVICES (MAY 3, 2023) NOT A PUBLIC RECORD – NOT TO BE DISCLOSED TO PUBLIC
Waste Management Collection and Recycling, Inc. (“WM”) greatly appreciates the City’s responses to proposer questions and respectfully submits the following two (2) exceptions to the draft Agreement for the City’s consideration. The exceptions to the draft Agreement do not include the changes the City has stated will be made by amendment (noted separately below) or will be updated in our proposal. WM reserves its rights with respect to any such correction or amendment made by the City when those corrections, changes, or amendments are made available for review by proposers.

Pursuant to the City’s request for proposals and in accordance with the City’s responses to proposer questions, WM submits the following exceptions to reserve the opportunity to discuss this matter during negotiations:

EXCEPTION #1

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.

Without limiting the generality of the foregoing, Contractor may request an extraordinary adjustment based on: changes in a direct per ton fee assessed at the Disposal Site or any Designated Facility by 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.

Contractor shall provide substantial reasonable proof and 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 reasonably 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 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; provided that City’s approval of the requested rate adjustment shall not be unreasonably withheld with respect to rate adjustment requests arising out of a change in the per ton Disposal fee or a change in Applicable Law. 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 in the City’s discretion.

A rate adjustment request made in response to a new or modified service or new or modified obligations (including additional reporting requirements) requested by City will be determined in accordance with Section 2.10.

Rationale: This section is revised to clarify circumstances that may warrant extraordinary adjustments, including changes in Applicable Law that modify Contractor’s obligations under this Agreement or other circumstances outside Contractor’s reasonable control. In addition, language requiring Contractor to provide information related to Contractor’s revenue, including the market value of recyclables, which is confidential and proprietary. There is no change in costs to the City if the proposed language is accepted.

EXCEPTION #2

13.7 LIQUIDATED DAMAGES
While we accept the concept of liquidated damages as a section in the agreement, Section 13.7, as drafted, contains a number of incorrect citations and cross-references to other sections of the draft agreement, and there are a number of references to dates in the past that are not applicable to this agreement. In addition, some performance standards are otherwise ambiguous as to when a penalty may be assessed, are unclear as to whether the proposed liquidated damages bear a reasonable relationship to actual damages that may be suffered from the types of performance issues contemplated, or do not appear to be reasonable estimates of damages at the time of entering into this agreement. Further, some of the administrative charges listed in this section are calculable damages for which liquidated damages are not appropriate— such as fines issued by CalRecycle—and some liquidated damages include explicit penalties for performance, which are unlawful under California Law.

Rationale: WM takes exception to this section for the purpose of discussing these items with the City during negotiations to further clarify and resolve these questions. In the interest of clarity, WM does not propose striking this section in full, but desires to discuss specific standards of performance and penalty amounts in this section that are ambiguous, unclear, or excessive as described above. Changes to this section will not result in a change in costs to the City if the proposed language is accepted.

CITY APPROVED CHANGES PER ADDENDUM #2:

Consistent with the City’s responses to proposer questions in Addendum #2, WM submits the following revisions to the draft Agreement:

1.30 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, (iv) non-Solid Waste itemsExcluded Waste placed in any container.

Rationale: This section is revised to be consistent with the City’s response to question number 12 in Addendum #2. There is no change in costs to the City if the proposed language is accepted.

2.1 GRANT AND ACCEPTANCE OF FRANCHISE, INDEMNITY OF AWARD …
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 in accordance with Section 11.1. 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.

Rationale: This section is revised to be consistent with the City’s response to question number 16 in Addendum #2 which noted this was under review by the City. There is no change in costs to the City if the proposed language is accepted.

4.1.13 SERVICE EXCEPTIONS; HAZARDOUS 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. Hazardous Excluded WasteMaterial Inspection and Reporting. Contractor reserves the right to reject Solid Waste observed to be contaminated with Hazardous MaterialExcluded Waste and the right not to Collect Excluded Waste Hazardous Material 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 WasteHazardous Material, 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 Hazardous Materials 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 Hazardous Material that may come into their possession.

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

Rationale: This section is revised to be consistent with the City’s response to question number 30 in Addendum #2. There is no change in costs to the City if the proposed language is accepted.

Proposers may submit up to three complete sets of rate proposal forms: one for the residential sector, one for the commercial sector, and one for a citywide franchise. These proposals shall be based solely on the requirements requested in this RFP and further detailed in the draft Agreement without considering any exceptions or alternatives.

Provided under separate cover as Excel and .pdf formats on the required flash drive.

Provided that the proposer has submitted a primary rate proposal that meets all of the minimum requirements of this RFP, the proposer may submit one or more alternative rate proposals. For example, proposer may submit an alternative rate proposal that retains existing used equipment.

Provided under separate cover as Excel and .pdf formats on the required flash drive.

Each proposer shall include a copy of the Proposer Code of Conduct and Non-Collusion Affidavit (Attachment 2) that was submitted at the pre-proposal conference.

Waste Management Collection and Recycling, Inc. (WM) is your longtime environmental solutions partner. We have provided waste and recycling management services to Diamond Bar for 30+ years. You are familiar with our company, our team, and our professional approach over the long term, and we are excited about the opportunity to continue to work with you in managing your waste and recycling needs.

We have fulfilled the individual tenets and each requirement of your RFP and have organized this response to provide our proposal in response to each element outlined in the RFP.

We believe this to be a significant contract for both WM and Diamond Bar. As your long-term partner, we are strongly invested in your Residents and want to be your waste solutions provider of the future. We understand your priorities, the way you work, and what makes your Residents such a great place to live, work, and play. This makes us uniquely qualified to provide tailored services to meet your operational needs and the ever-evolving expectations.

Secondly, we are committed to strengthening our current relationship by continuing to provide highquality, reliable service for the entire term of the Agreement. We have already shown ourselves to be a dependable partner in our current agreement. We have the resources to make needed adjustments, when necessary, to facilitate continued satisfaction for your residents. WM intends to continue to offer uninterrupted stability backed by innovation, value, and price, and to be an active partner in attaining Diamond Bar’s goals and objectives.

Lastly, continuing a partnership with WM will provide your Residents with uninterrupted, reliable service delivery for an essential and highly regulated operation. There will be no transition period where costly mistakes and problems are most likely to occur, as our team is intimately familiar with your operations and has developed a strong working partnership with your staff. Our best-in-class transfer stations, landfills, and recycling operations, along with our industry-leading safety and environmental practices, should give you the peace of mind that your waste is being managed in full compliance with all regulatory requirements and standards.

WM is dedicated to being the best environmental solutions partner for Diamond Bar now and in the future.

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