FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT
A. Monthly Public Works Permits Report List for September 2025.
ATTACHMENT A
No. Permit Date Contractor For Location Type Amount
1 1539 09/08/25 Alcoa Traffic Control SCE 12338 212th St Removal and replacement of streetlight conductor #2365160E $ 897.00 2 1540 09/18/25 Frontier Communications Norwalk Blvd and Centralia St Access Manhole #88 to #373 to splice and place 384 ft fiber cables $ 1,158.00 3 1541 09/25/25 Level 3 Communications Norwalk Blvd and 221st St Open trench and place fiber optic cables $ 1,673.00 4 1542 09/29/25 Frontier Communications 12222 Carson St Access Manhole to splice fiber cables $ 897.00 4 Total for Month: $ 4,625.00
8 Total for Fiscal Year: $ 7,181.00
`
City of Hawaiian Gardens - Public Works Department
Monthly Report - Public Works Permits Issued
September 2025
Total Permits for Month:
Total Permits for Fiscal Year:
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B9
DATE: October 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:
Recommendation to approve the minutes for the City Council meeting of Wednesday, October 8, 2025.
SUMMARY
The City Clerk’s office is to prepare and present the meeting minutes to the City Council for review and approval.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. October 8, 2025 - Minutes
CITY OF HAWAIIAN GARDENS
CITY COUNCIL MINUTES
Maria Teresa Del Rio, Mayor Pro Tem
Victor Farfan, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Dandy De Paula, Mayor
Wednesday, October 8, 2025
Regular Meeting, 6:00 PM
Ernesto Marquez,City Manager
Norma Tabares, City Attorney
Pablo Rubio, City Clerk
MINUTES
CALL TO ORDER
The City Council meeting was called to order on Wednesday, October 8, 2025 at 6:00 PM.
INVOCATION
The invocation was led by Pablo Rubio, City Clerk.
FLAG SALUTE
The flag salute was led by Mayor De Paula.
ROLL CALL
PRESENT
Councilmember Farfan
Councilmember Roa
Councilmember Vargas
Mayor Pro Tem Del Rio
Mayor De Paula
ABSENT
None
Pablo Rubio, City Clerk, announced a quorum.
PUBLIC COMMENTS GENERAL OR ITEMS ON OR OFF THE AGENDA Irene Zapata, Hawaiian Gardens Library Manager, spoke.
Jesus Mendoza spoke.
PROCLAMATIONS AND CERTIFICATES
There were no Proclamations or Certificates.
PRESENTATIONS
1. UPDATES BY LAKEWOOD SHERIFF’S STATION CAPTAIN DANIEL HOLGUIN Captain Daniel Holguin, Lakewood Sheriff’s Station, provided an update.
Mayor Pro Tem Del Rio spoke.
Councilmember Roa spoke.
Councilmember Farfan spoke.
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 8, 2025 Page 1
There were no Proclamations or Certificates.
PRESENTATIONS
1. UPDATES BY LAKEWOOD SHERIFF’S STATION CAPTAIN DANIEL HOLGUIN Captain Daniel Holguin, Lakewood Sheriff’s Station, provided an update.
Mayor Pro Tem Del Rio spoke.
Councilmember Roa spoke.
Councilmember Farfan spoke.
Ernesto Marquez, City Manager, spoke.
Councilmember Vargas spoke.
Mayor De Paula spoke.
AGENDA ORGANIZATION
There were no changes to the Agenda Organization.
A. PUBLIC HEARING(S) / HEARING(s)
There were no Public Hearings.
B. CONSENT CALENDAR
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion carried by the following vote:
AYES: 5; Farfan, Roa, Vargas, Del Rio, De Paula
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
2. Recommendation to receive and file warrants processed during the period of September 13 to September 26, 2025.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion carried by the following vote:
AYES: 5; Farfan, Roa, Vargas, Del Rio, De Paula
NOES: 0;
ABSENT: 0;
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 8, 2025 Page 2
2. Recommendation to receive and file warrants processed during the period of September 13 to September 26, 2025.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion carried by the following vote:
AYES: 5; Farfan, Roa, Vargas, Del Rio, De Paula
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
3. Recommendation to receive and file Treasurer's Report for August 2025.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion carried by the following vote:
AYES: 5; Farfan, Roa, Vargas, Del Rio, De Paula
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
4. Recommendation to adopt Resolution No. 0272025, approving the exchange of FY 20252026 Proposition A funds between the City of Hawaiian Gardens and the City of La Habra Heights, California and authorizing the City Manager to execute all necessary documents.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion carried by the following vote:
AYES: 5; Farfan, Roa, Vargas, Del Rio, De Paula
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
5. Recommendation to approve the minutes for the City Council meeting of Wednesday, September 24, 2025.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion carried by the following vote:
AYES: 5; Farfan, Roa, Vargas, Del Rio, De Paula
NOES: 0;
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 8, 2025 Page 3
Motion carried: 5–0–0–0
5. Recommendation to approve the minutes for the City Council meeting of Wednesday, September 24, 2025.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion carried by the following vote:
AYES: 5; Farfan, Roa, Vargas, Del Rio, De Paula
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
C. DISCUSSION ITEM(S)
1. Recommendation to discuss and provide staff direction on potential assistance the City of Hawaiian Gardens can provide to the community in the event of a raid conducted by the United States Immigration and Customs Enforcement (I.C.E.) Unit.
SUGGESTED ACTION: Approve Recommendation.
Ernesto Marquez, City Manager, provided the staff report.
Scott Smith, Communications Officer and Dr. Mayra Lozano, Director of Schools TK6 Grade, spoke.
Mayor Pro Tem Del Rio spoke.
Councilmember Vargas spoke.
Councilmember Roa spoke.
Councilmember Farfan spoke.
Mayor De Paula spoke.
Ernesto Marquez, City Manager, spoke.
This item was received and filed.
2. Recommendation to adopt Resolution No. 0282025, approving the blanket authority to file applications for grant funds from the Los Angeles County Regional Park and Open Space District for Measure A funding for projects and programs.
SUGGESTED ACTION: Approve Recommendation.
Linda Hollinsworth, Finance Director, presented the staff report.
Councilmember Vargas spoke.
Mayor De Paula spoke
Ernesto Marquez, City Manager, spoke.
A motion was made by Councilmember Farfan, seconded by Mayor Pro Tem Del Rio, to approve recommendation and adopt Resolution No. 0282025.
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CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 8, 2025 Page 4
SUGGESTED ACTION: Approve Recommendation.
Linda Hollinsworth, Finance Director, presented the staff report.
Councilmember Vargas spoke.
Mayor De Paula spoke
Ernesto Marquez, City Manager, spoke.
A motion was made by Councilmember Farfan, seconded by Mayor Pro Tem Del Rio, to approve recommendation and adopt Resolution No. 0282025.
The motion carried by the following vote:
AYES: 5; Farfan, Roa, Vargas, Del Rio, De Paula
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
D. NEW BUSINESS
There were no New Business items.
E. ORAL STAFF REPORT(S)
Joe Jimenez, Recreation and Community Services Director, announced the dates for four events: Golf Tournament, October 13; Red Ribbon Rally, October 22; Halloween Spooktacular, October 31; Veterans Day Concert, November 10.
Neema Ghanbari, Public Works Manager, announced that the Gateway Cities Regional Fiber Optic project is getting stared in a couple of weeks; provided an LA County Sanitation District sewer trunk improvement project update; announced that SCAG STBG Street Rehabilitation bids were received and will be awarded at the next meeting; and provided an update on the City Hall reroofing project.
Elise McCaleb, Community Development Director, reported that she attended the International Council of Shopping Centers Western Dealmaking event last week and met with shopping center owners; and that a ribbon Cutting event was held for 3 Caprichos Cafe on October 3.
Linda Hollinsworth, Finance Director, provided an update on the YEP program, and announced that HDL began handling the business license process.
Ernesto Marquez, City Manager, called on Sergeant Bitolas, who introduced the newest members of the SAO Team, Deputy Rosales and Deputy Jackson.
F. CITY ATTORNEY REPORT(S)
There were no Oral City Attorney Reports.
G. ORAL COUNCIL REPORT(S)
Mayor Pro Tem Del Rio welcomed the new deputies to Hawaiian Gardens, and reported that she attended the ribbon cutting ceremony for 3 Caprichos Cafe.
Councilmember Vargas welcomed the new deputies to Hawaiian Gardens.
Mayor De Paula urged residents to support local businesses; and announced that he got appointed as a Commissioner to the LA County Commission for Children and Families.
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 8, 2025 Page 5
F. CITY ATTORNEY REPORT(S)
There were no Oral City Attorney Reports.
G. ORAL COUNCIL REPORT(S)
Mayor Pro Tem Del Rio welcomed the new deputies to Hawaiian Gardens, and reported that she attended the ribbon cutting ceremony for 3 Caprichos Cafe.
Councilmember Vargas welcomed the new deputies to Hawaiian Gardens.
Mayor De Paula urged residents to support local businesses; and announced that he got appointed as a Commissioner to the LA County Commission for Children and Families.
H. CLOSED SESSION
There were no Closed Session items.
I. ADJOURNMENT
The City Council adjourned the meeting at 7:27 PM to the next Regular City Council meeting to be held on Wednesday, October 22, 2025 at 6:00 PM.
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 8, 2025 Page 6
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B10
DATE: October 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:
Recommendation to receive and file the minutes for the Finance Committee meeting of Wednesday, October 8, 2025.
SUMMARY
The Finance Committee minutes are hereby presented to the City Council.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. October 8, 2025 - Minutes
FINANCE COMMITTEE MINUTES
REGULAR MEETING
OCTOBER 8, 2025 Page 1
CITY OF HAWAIIAN GARDENS
FINANCE COMMITTEE MINUTES
Maria Teresa Del Rio, Mayor Pro Tem, Chair
Victor Farfan, Councilmember
Wednesday, October 8, 2025
Regular Meeting, 5:00 PM
Ernesto Marquez, City Manager
Linda Hollinsworth, Finance Director
MINUTES
CALL TO ORDER
The Finance Committee meeting was called to order on Wednesday, October 8, 2025, at 5:05 PM.
ROLL CALL
PRESENT
Mayor Pro Tem Del Rio
Councilmember Farfan
ABSENT
None
Pablo Rubio, City Clerk, announced a quorum.
PUBLIC COMMENTS
There were no Public Comments.
A. DISCUSSION ITEM(S)
1. Proposed budget amendments.
2. Discussion of Council compensation.
Ernesto Marquez, City Manager, and Linda Hollinsworth, Finance Director, presented information on the proposed budget amendments.
The committee discussed Staffing, Finance and Administration, Capital Projects, and Programs/Projects.
B. NEW BUSINESS
There were no New Business items.
C. ADJOURNMENT
The Finance Committee meeting was adjourned at 5:22 PM.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C1
DATE: October 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, M.S., P.E., Public Works Manager
RECOMMENDATION:
RECOMMENDATION TO ADOPT RESOLUTION NO. 031-2025, CONSENTING TO THE
ASSIGNMENT OF THE EXCLUSIVE SOLID WASTE SERVICES FRANCHISE AGREEMENT WITH WASTE RESOURCES, INC. TO USA WASTE OF CALIFORNIA, INC.
AND APPROVING AMENDMENT NO. 3 TO THE FRANCHISE AGREEMENT
SUBSTANTIALLY IN THE FORM ATTACHED AS EXHIBIT B AND AUTHORIZE THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM APPROVED BY
THE CITY ATTORNEY
SUMMARY
On November 19, 2019, the City Council adopted Resolution No. 111-2019, approving the assignment of the Agreement from Commercial Waste Services (CWS) to Waste Resources Inc. (WRI), the current Franchisee.
On September 28, 2021, pursuant to Resolution No. 025-2021, the City and WRI entered into Amendment No. 1 to the Agreement, setting forth additional performance requirements and service obligations on the part of WRI to guarantee that City complies with all State mandated solid waste legislation; specifically, Senate Bill 1383, Short Lived Climate Pollutants, (“SB 1383”), mandating that all residential and commercial waste generators throughout the state separate and recycle their organic waste materials, or face fines and penalties for non-compliance—compulsory under State law.
On October 11, 2022, the City and WRI executed Amendment No. 2, which replaced the previous rate schedules for multi-family, commercial, and industrial (MF/C/I) services with those established in Resolution No. 025-2021. The amendment also eliminated the former "Franchise Fee" provisions and instituted a new requirement for the Franchisee to remit quarterly payments to the City equal to 10% of gross receipts, with applicable penalties for late or inaccurate payments.
Agenda Item #C1
October 22, 2025
In July 2025, the City Manager received a letter from WRI notifying of a proposed asset sale to USA Waste of California Inc., Waste Management (WM). This notification was accompanied by an introductory letter and information supporting an accompanying requested franchise assignment from WRI to WM.
The letter requesting consent to the assignment was reviewed by the City Attorney’s Office.
Upon receipt of the request, the City Manager and Public Works Manager held multiple meetings with the City Attorney and the City’s consultant, Muni Environmental, and initiated a due diligence process to evaluate WM’s qualifications and its capacity to perform in accordance with the terms of the existing contract.
On August 21, 2025, City staff met with representatives from WRI and WM, who presented a comprehensive overview of the company’s corporate capabilities and qualifications, as outlined in the Assignment Supporting Information report submitted with WRI’s original assignment request letter. The report highlighted the company’s financial performance, industry experience, local operational network, regulatory compliance, and commitment to best practices necessary to ensure successful service delivery in the City of Hawaiian Gardens.
WM is the largest waste disposal company in the United States by revenue, according to Waste360. WM currently holds exclusive franchise agreements in the cities of Los Angeles, Long Beach, Lancaster, and unincorporated areas of Los Angeles County, as well as in numerous other Southern California jurisdictions—demonstrating a well-established and reliable presence in the region. WM is a corporation in good standing with the California Secretary of State; although incorporated in California, the company’s corporate headquarters are located in Texas. WM operates several permitted solid waste facilities throughout the state and possesses extensive experience with CalRecycle reporting requirements. Based on this information, staff concludes that WM has demonstrated the necessary experience, regulatory compliance, and operational capacity to successfully assume service responsibilities within the City of Hawaiian Gardens.
Therefore, staff recommends that the City Council adopt Resolution No. 031-2025, granting consent to the assignment of the exclusive solid waste services franchise agreement from WRI to WM and approving Amendment No. 3 to the Agreement substantially in the form attached as Exhibit B. The proposed amendments to the Agreement include (1) a 3.5% cap on multi-family and commercial rates for the next two years, (2) the payment of a $125,000 transfer fee to reimburse the City for its costs incurred in reviewing the assignment, and (3) a potential change from a unilateral extension of the agreement to a mutual extension if the inflation portion of all rates for the next two years does not exceed 5% per year.
Agenda Item #C1
October 22, 2025
FISCAL IMPACT
The Amendment approving the assignment includes a transfer fee in the amount of $125,000 to reimburse City for its estimated cost associated with reviewing the requested assignment. If the proposed sale from WRI to WM is not consummated for any reason, this amendment will cease to have effect and the Agreement will remain in place between WRI and the City, in accordance with its terms.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT(S)
A. Resolution No. 031- 2025
B. Amendment No. 3 to Exclusive Solid Waste Services Franchise Agreement C. Franchise Agreement, as amended by Amendment No. 1 and Amendment No. 2 65320.00004\44309608.2
CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 031-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN
GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
CONSENTING TO THE ASSIGNMENT OF THE EXCLUSIVE SOLID
WASTE SERVICES FRANCHISE AGREEMENT FROM WASTE
RESOURCES, INC. TO USA WASTE OF CALIFORNIA, INC. AND
APPROVING AMENDMENT NO. 3 TO FRANCHISE AGREEMENT
WHEREAS, WASTE RESOURCES, INC. (“WRI”), a California corporation, provides solid waste collection, disposal and recycling services to the City of Hawaiian Gardens (“City”) pursuant to that certain Exclusive Solid Waste Services Franchise Agreement, dated July 1, 2018, by and between the City and Commercial Waste Services, Inc., as assigned by the City Resolution No. 111-2019 to WRI, as subsequently amended by that certain Amendment No. 1 to Exclusive Solid Waste Services Franchise Agreement, dated September 28, 2021 and Amendment No. 2 to Exclusive Solid Waste Services Franchise Agreement, dated October 11, 2022 (collectively, the "Franchise Agreement"); and
WHEREAS, WRI and USA WASTE OF CALIFORNIA, INC., a Delaware corporation (“WM”), through their affiliates and/or related entities, have entered into a proposed transaction that includes the acquisition of WRI’s assets. Specifically, WASTE RESOURCE TECHNOLOGIES, INC. (“WRT”) has entered into that certain Plan of Reorganization and Purchase and Sale Agreement, dated March 31, 2025 (the "Asset Purchase Agreement"), with Waste Management WRT Holdings, LLC, a Delaware limited liability company ("Waste Management WRT"), which contemplates the sale of the commercial, industrial and residential solid waste (including recycling material) collection and dumpster rental business of WRT and its subsidiaries, including WRI; and WHEREAS, pursuant to Article 10 of the Franchise Agreement, WRI may not assign the Franchise Agreement without prior written approval of the City Council; and WHEREAS, the City Council now desires to consent to the assignment of the Franchise Agreement to WM (“Assignment”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and incorporated herein by this reference.
Section 2. The City Council consents to the Assignment and approves Amendment No. 3 to the Franchise Agreement, in substantial form as attached herein and incorporated by this reference.
Section 3. The City Manager is hereby authorized to undertake such acts as necessary to carry out this Resolution.
Attachment A
65320.00004\44309608.2
Section 4. The Mayor is hereby authorized to affix his/her signature to this resolution signifying its passage and adoption by the City Council of the City of Hawaiian Gardens.
Section 5. The City Clerk or her designee shall attest and certify to the adoption of the Resolution and shall cause this Resolution and her certification to be entered into the Book of Resolutions of the City of Hawaiian Gardens.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS ON THIS 22ND DAY OF OCTOBER 2025.
CITY OF HAWAIIAN GARDENS
ATTEST: DANDY DE PAULA
MAYOR
PABLO RUBIO
CITY CLERK
AMENDMENT NO. 3 TO
EXCLUSIVE SOLID WASTE SERVICES
FRANCHISE AGREEMENT BETWEEN
THE CITY OF HAWAIIAN GARDENS,
WASTE RESOURCES INC. AND USA WASTE OF CALIFORNIA, INC.
THIS AMENDMENT No. 3 (“Amendment”) to the Exclusive Solid Waste Services Franchise Agreement is made and entered into this ____ day of October 2025, by and among the CITY OF HAWAIIAN GARDENS, a general law city and municipal corporation (“City”), WASTE RESOURCES, INC., a California corporation (“WRI”), WASTE RESOURCE TECHNOLOGIES, INC., (referred to herein as “WRT”) and USA WASTE OF CALIFORNIA, INC., a Delaware corporation (“WM”). The City, WRI, and WM may be referred to as a “Party” or collectively as the “Parties.”
RECITALS
A. City and WRI are parties to that certain Exclusive Solid Waste Services Franchise Agreement, dated July 1, 2018, by and between the City and Commercial Waste Services, Inc., as assigned by the City Resolution No. 111-2019 to WRI, as subsequently amended by that certain Amendment No. 1 to Exclusive Solid Waste Services Franchise Agreement, dated September 28, 2021 and Amendment No. 2 to Exclusive Solid Waste Services Franchise Agreement, dated October 11, 2022 (collectively, the "Agreement"), under which WRI provides solid waste disposal and/or other services to the City.
B. WRI and WM, through their affiliates and/or related entities, have entered into a proposed transaction that includes the acquisition of WRI’s assets. Specifically, WRT has entered into that certain Plan of Reorganization and Purchase and Sale Agreement, dated March 31, 2025 (the "Asset Purchase Agreement"), with Waste Management WRT Holdings, LLC, a Delaware limited liability company ("Waste Management WRT"), which contemplates the sale of the commercial, industrial and residential solid waste (including recycling material) collection and dumpster rental business of WRT and its subsidiaries (the "Transaction").
C. The Transaction would include the assignment of WRI’s interests in the Agreement, which assignment requires the consent of the City under the terms of the Agreement. WRI has requested the consent of the City to such assignment as part of the Transaction.
D. City has asserted that WRI is in default of the Agreement, and WRI is attempting to cure that default.
E. Upon the closing of the Transaction, the Parties wish to amend the Agreement to acknowledge the assignment of the Agreement to WM and make other modifications as set forth below.
AGREEMENT
NOW THEREFORE, inconsideration of the mutual promises contained herein, the above recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
SECTION 1. CONSENT TO ASSIGNMENT. Pursuant to Article 10, the City consents to the assignment of the Agreement from WRI to WM, effective upon the closing of the Transaction.
Until the closing of the Transaction, WRI shall continue to possess all of its right, title and interest in Attachment B
the Agreement and agrees to perform its obligations and liabilities under the Agreement. Upon the closing of the Transaction, WM assumes all rights, liabilities, title and interest in the Agreement and agrees to perform all obligations and liabilities due thereunder, including any past or current defaults.
WRI and WM shall provide City with written notice of the closing of the Transaction. WM agrees that amounts it pays to the current owners of WRI through or as part of the Transaction shall not be the basis for a request for any future Maximum Rate Schedule adjustment for performing services in the City pursuant to the Agreement.
SECTION 2. Article 2, Section 2.5, entitled “Franchise Term,” is hereby deleted and shall be replaced in its entirety with the following:
“2.5 Franchise Term
The term of the Agreement shall be for a period of seven (7) years, commencing on July 1, 2021, and expiring on June 30, 2028, unless terminated earlier pursuant to Article 9 of the Agreement, or otherwise.
On July 1, 2028, the Term shall automatically be extended for an additional three (3) year period to June 30, 2031, unless City determines, in its reasonable discretion, that there has been any form of non-performance of uncured service deficiency, as defined under Article 9 of the Agreement.
Notwithstanding the foregoing, in the event that the Annual Consumer Price Index Adjustment as set forth in Section 7.2.1 increases by no more than five (5) percent in each fiscal year beginning July 1, 2025 and ending June 30, 2027, the Term shall only be extended upon the mutual consent of both Parties.
Such consent shall be documented in a written amendment to this Agreement.” SECTION 3. RATE ADJUSTMENTS. Notwithstanding any language to the contrary in the Agreement, the rates in the Maximum Rate Schedule for services provided to Commercial and MultiFamily customers shall not increase by more than three and one-half percent (3.5%) per fiscal year for the time period from July 1, 2026 through June 30, 2028.
SECTION 4. Attachment G, entitled “Work Plan,” is hereby amended to read in full as set forth in the attached Exhibit 1, incorporated by this reference. On or before [March 1], 2026 and each [March] 1st thereafter, Franchisee shall provide an updated Work Plan for City’s review and approval, which shall not be unreasonably withheld or delayed. Upon approval, Attachment G shall be updated to reflect the updated Work Plan without further action by the Parties.
SECTION 5. WRI, in all capacities, and on behalf of its respective predecessors, successors, assigns, heirs, beneficiaries, personal representatives, agents, attorneys and representatives, hereby absolutely, forever and fully, generally and specifically, release, waive, discharge and relinquish any and all rights, entitlements, claims, demands, rights, debts, liabilities, obligations, accounts and causes of action of any nature whatsoever, up to the date of this Amendment, against the City under the Agreement or otherwise, (collectively, the “Released Claims”). WRI specifically acknowledges its understanding and agreement that, the releases and discharges contained in this Amendment extend to all of the aforementioned Released Claims, whether secured or unsecured, whether now known or unknown, whether now held or owned, or any time held or owned, whether suspected or unsuspected, whether foreseen or unforeseen, whether patent or latent, and whether or not previously asserted. Such acknowledgement of understanding and agreement is an essential and material term of this Agreement. Consequently, as a condition of this Amendment and in furtherance of the release provisions set forth in this Amendment, WRI expressly and voluntarily waives and relinquishes any and all rights and benefits conferred upon it by the provisions of Section 1542 of the Civil Code of the State of California and any similar statute in any other state, with respect to any of the matters described or set forth in this Amendment. Section 1542 of the Civil Code of California states in full:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT
THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
SECTION 6. This Amendment shall be effective upon close of the Transaction, and WRI and WM shall provide City with written notice of this date. Within thirty (30) days after close of the Transaction, WRI or WM shall pay the City the sum of One Hundred Twenty-Five Thousand Dollars ($125,000) to reimburse City for its estimated cost associated with reviewing the Transaction and requested assignment. If the Transaction is not consummated for any reason, the City’s consent to assignment contained in Section 1 shall be null and void and this Amendment will cease to have effect and the Agreement will remain in place between WRI and the City, in accordance with its terms.
SECTION 7. As among WRI and WM and their respective affiliates, including the Purchaser, the other Seller Parties and the Significant Stockholders (each of Purchaser, Seller Parties and Significant Stockholders as defined in the Asset Purchase Agreement), nothing in this Amendment No. 3 shall be deemed to limit, amend, modify, or restrict any terms of the (i) Asset Purchase Agreement, (ii) the Significant Stockholder Agreements or (iii) any other Ancillary Agreement, as each of (ii) and (iii) are defined in the Asset Purchase Agreement, including, without limitation, any indemnification or guarantee obligations (with respect to Retained Liabilities or otherwise) thereunder.
SECTION 8. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitute one instrument executed on the same date. Signatures on PDF copies thereof shall be deemed original signatures for all purposes and such PDF copies shall be admissible as evidence of the agreement in any and all administrative or judicial proceedings. This Amendment shall be governed by, and interpreted and enforced under, the laws of the State of California, without giving effect to conflict of laws principles. Venue shall be as provided for in the Agreement, which provision is incorporated by reference.
SECTION 9. Any notices required to be given under this Amendment No. 3 shall be in writing and may be personally delivered, sent by nationally recognized overnight courier, delivered by electronic means with proof of receipt, or sent by registered or certified mail, postage prepaid, return receipt requested and shall be effective upon receipt at the appropriate address. Any notice given to the City, WRI or WM shall be sent to the respective address set forth below:
City of Hawaiian Gardens
21815 Pioneer Blvd.
Hawaiian Gardens, CA 90716
Attn: City Manager
Waste Resources, Inc.
23 Corporate Plaza, Suite 247
Newport, CA 92660
Attn: Paul A. Wolfe
USA Waste of California, Inc.
2255 N. Ontario Street, Suite 350
Burbank, CA 91504
Attn: President – Southern California Area
SECTION 10. Except as modified by this Amendment, all other terms and conditions of the Agreement remain the same.
[signatures on following page]
65320.00004\44309481.2
65320.00004\44291037.1
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the day and year first hereinabove written.
“CITY” “WRI”
CITY OF HAWAIIAN GARDENS WASTE RESOURCES, INC.
By: __________________________ By: ________________________ Ernesto Marquez Paul A. Wolfe
City Manager President
“WRT”
WASTE RESOURCES
TECHNOLOGIES, INC.
By : ________________________
[NAME]
[TITLE]
ATTEST: “WM”
USA WASTE OF CALIFORNIA, INC.
By: ________________________ By: ________________________ Pablo Ruiz, City Clerk Michael Hammer
President-Southern California Area
APPROVED AS TO FORM:
By: ________________________
Norma Tabares, City Attorney
65320.00004\44309481.2
65320.00004\44291037.1
Exhibit 1
[Work Plan]
Prepared for:
City of Hawaiian Gardens
Prepared by:
Waste Resources Hawaiian Gardens
Date:
January 2024
Today’s Waste
Tomorrow’s Resource
Work Plan
City of Hawaiian Gardens Work Plan
Waste Resources Hawaiian Gardens
January 2024 i
Table of Contents
1. Introduction.....................................................................................................................................1
2. Solid Waste Collection Services........................................................................................................1 Standard Service Offering ..............................................................................................................1
2.A.i. Collection Quantities............................................................................................................1 Mixed Organics Program................................................................................................................1
2.B.i. Items Accepted.....................................................................................................................1 Recycling Program..........................................................................................................................2
2.C.i. Items Accepted.....................................................................................................................2 Solid Waste Program......................................................................................................................2
2.D.i. Items Accepted.....................................................................................................................2 City Facilities...................................................................................................................................3 Container Color and Labeling..........................................................................................................3
2.F.i. Carts.....................................................................................................................................3
2.F.ii. Bins.......................................................................................................................................3
3. Mandatory Service...........................................................................................................................3
4. Public Outreach Program.................................................................................................................4 Print ...............................................................................................................................................4
4.A.i. Welcome Packet...................................................................................................................4
4.A.ii. Service Guide........................................................................................................................4 Electronic .......................................................................................................................................4
4.B.i. Website ................................................................................................................................4
4.B.ii. Social Media .........................................................................................................................4
4.B.iii. Email.....................................................................................................................................4
4.B.iv. Newsletter............................................................................................................................5
4.B.v. Bill Inserts.............................................................................................................................5 In Person ........................................................................................................................................5
4.C.i. Site Visits..............................................................................................................................5
4.C.ii. Presentations .......................................................................................................................6
5. Procurement Requirements.............................................................................................................6
6. Edible Food Recovery.......................................................................................................................6 City of Hawaiian Gardens Work Plan
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7. Program Enforcement and SB1383 Compliance ..............................................................................7 Route Audit....................................................................................................................................7 Red Tags.........................................................................................................................................7 Oops Tags.......................................................................................................................................8 Waivers..........................................................................................................................................8 Quarterly SB1383 Contamination Sorts..........................................................................................8 Truck Cameras................................................................................................................................8 Compliance Review........................................................................................................................8
7.G.i. Commercial and Multi-Family Customers ............................................................................8
7.G.ii. Tier 1 and Tier 2 Edible Food Generators.............................................................................9
8. Reporting .........................................................................................................................................9 Waste Diversion and Disposal Reporting Requirements................................................................9
8.A.i. Weekly .................................................................................................................................9
8.A.ii. Quarterly (due 30 days after end of quarter) .......................................................................9
8.A.iii. Annual (due 20 days after end of year) ................................................................................9 Table of Tables
Table 1. SB1383 Cross-Talk .................................................................................................................. iii Appendices
A Decals
B Welcome Packet
C Site Visit Checklist
D Route Audits
E Letter to Non-Compliant Accounts
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Table 1. SB1383 Cross-Talk
Brief Description SB1383 Section FA Section Work Plan Section Annual Notice 18985.1(a) 4.B.v
Annual Site Visit 5.12.4 4.C.i
Compliance Review 18995.1 (a)(1)(A) 5.12.5, 5.12.7 7.G
Container Colors 18984.1 4.5.5A 2.F
Edible Food Recovery 18985.2 5.12.2, 5.12.3 6
Public Education Program 18995.1 11.5, 4.12 4
Reporting 18994.2 5.8, 5.12.8 10.A
Route Audit 18984.5(b) 5.11 6.A
Waivers 18984.11 5.12.6 6.F
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1. Introduction
This document has been prepared to address the requirements of AB939, AB341, AB1826, and SB1383, and provides information regarding Waste Resources of Hawaiian Gardens’ (WRHG) approach in assisting the City of Hawaiian Gardens increase diversion of recycling and organic material collected through the various programs offered, reduce contamination, and decrease landfilled material.
2. Solid Waste Collection Services
Standard Service Offering
2.A.i. Collection Quantities
For single family (1-4 units) customers, standard service includes:
• one 96-gallon BLUE‐lid cart for dry recyclables;
• one 64-gallon GREEN-lid cart for mixed organics; and
• one 96-gallon BLACK-lid cart for mixed, non-organic waste.
Customers can request two additional organics carts at no charge, but there is a charge for the third and subsequent cart. Additional recycling carts are available at no charge.
For multi-family (5+ units) and commercial customers, standard service includes:
• one 96-gallon BLUE‐lid cart for dry recyclables;
• one 64-gallon GREEN-lid cart for mixed organics; and
• one 3-cubic yard bin BLACK-lid cart for mixed, non-organic waste.
Bins are also available in 1-, 2-, 4-, or 6- cubic yard (cy) capacities for trash and recycling. For organics, only 96- gallon and 2cy are available options.
Mixed Organics Program
2.B.i. Items Accepted
In general, the following items are accepted loose in the green container (cart or bin):
• Grass, leaves, and flowers;
• Small branches less than three (3) inches thick and four (4) feet long; and • Untreated, clean wood scraps.
In general, the following items are accepted in clear bags in the green container (cart or bin):
• Food scraps (including meat and dairy) and leftovers; • Coffee grounds and filters, tea bags, loose leaf tea; • Paper napkins and towels;
• Soiled/greasy paper and boxes; and
• Biodegradable paper plates and bowls.
A more detailed list is available for download on WR’s SB1383 page (wasteresources.com/sb1383/) in English or Spanish.
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While other programs require loose food scraps and food-spoiled paper, WRHG allows bags for the following reasons:
• Ease of transport from generation point to container; • Reduction of odors;
• Reduction of vermin; and
• Ease of separation at processing facility.
WR includes the following statement regarding the use of bags in the organics program:
No bag, no problem! Use produce or bread bags.
These won’t be recycled or composted, but are used to make it easy for you to recycle your food scraps and food-soiled paper.
To facilitate placing food scraps and food-soiled paper in the curbside green cart, each residential property, at no additional cost, is eligible to receive a 2-gallon pail, similar to the one shown, with snap tight lid, a wall mountable design and a locking seal to prevent odors, for daily use in the kitchen and elsewhere organics waste is generated.
Recycling Program
2.C.i. Items Accepted
In general, the following items are accepted loose in the blue container (cart or bin):
• Cartons;
• Glass containers;
• Metal cans and clean foil;
• Paper, newspaper, magazines, phone books, envelopes, cardboard (flattened); and • Plastic bottles, tubs, jars.
A more detailed list is included in the file available on WR’s SB1383 page.
WR promotes “3 easy steps for recycling success” using the following mantra:
• Keep it Loose - bags can hold liquid that will ruin a recycling load; • Keep it Dry - wet paper can't be recycled (put in green container); and • Keep it Clean - clean out any food residue.
Solid Waste Program
2.D.i. Items Accepted
In general, the following items are accepted bagged in the black container (cart or bin):
• Broken glass and dishes;
• Hoses, disposable gloves, hairnets;
• Kitty litter, diapers, bagged pet waste;
• Plastic cups, lids, utensils, straws, shrink/cling wrap; • Shoes, clothing, accessories, and toys that cannot be donated or sold; • Snack and chip bags, candy wrappers; and
• Wrapping and tissue (gift) paper.
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A more detailed list is included in the file available on WR’s SB1383 page.
City Facilities
If not already completed, WRHG will conduct site visits of all City facilities in order to recommend compliance plans for each site, including necessary services to comply with AB341, AB1826, and SB1383. Upon approval from the City, WRHG will coordinate new services, deliver equipment, and provide on-site employee training if requested by City. Based on the extent of the changes, the cost for this program may necessitate inclusion in future rate adjustments.
Container Color and Labeling
2.F.i. Carts
To maintain a cleaner look, and to ease inventory needs, all cart bodies are gray, with different color lids identifying the commodity.
The lids are stamped in English and Spanish with both the commodity and what materials are accepted in that cart. There is also a bilingual decal on the inside that shows what is accepted in that cart. Decals are available for download from WR’s website (wasteresources.com/publications/). Copies of the current decals are included in Appendix A.
This coloring is consistent with SB1383 requirements.
2.F.ii. Bins
To maintain a cleaner look, and to ease inventory needs, all bin bodies are orange, with different color lids identifying the commodity. There is a bilingual decal on the front that shows what is accepted in that bin. Decals are available for download from WR’s website (wasteresources.com/publications/). Copies of the current decals are included in Appendix A.
This coloring is consistent with SB1383 requirements.
3. Mandatory Service
As of January 1, 2022, organics service is mandatory under SB1383.
WRHG took that opportunity to promote the standard 3-container service offering described in Section 5.A as mandatory in order to include recycling organics, whether or not they are required to comply under AB341 (MCR) and/or AB1826 (MORe).
Mandatory SB1383 services began in 2022 for the residential sector with the movement of food scraps and food-soiled paper from the black trash to green organics cart, and delivery of new carts in June/July.
Commercial customers were notified of the transition in September, with services beginning in October. As of December 31, 2023, 86% of accounts subject to MCR are in compliance, and 75% of accounts subject to MORe are in compliance based on service levels and compliance thresholds. These metrics do not include adjustments for waivers.
As enforcement of SB1383 ramps up in 2024, direct communication will increase throughout the year to ensure that every generator has the correct level of service and is participating correctly. This is discussed further in Section 10.B.
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4. Public Outreach Program
WRHG has prepared a multifaceted multi-lingual outreach program designed to exceed the requirements of SB1383 and the Franchise Agreement. WRHG maintains a calendar of outreach activities (except site visits) conducted for and in the City in order to easily track, plan, and report outreach efforts.
4.A.i. Welcome Packet
This packet is delivered upon container delivery, or emailed/mailed if containers are already onsite. The packet includes:
• Welcome Letter
• Service Guide (residential or commercial)
• What Goes Where flyer
Copies of current versions of above are included in Appendix B.
4.A.ii. Service Guide
Residential
This annually produced guide provides “how to” information about available services; provide instructions for proper use and placement of carts provided; holiday collection schedules; contact information and hours; sharps collection and bulky item program information; and holiday tree recycling dates.
Commercial
This guide provides information about available services; compliance information, what goes where; and contact information and hours.
Copies of the most recent versions are included in Appendix B.
Electronic
4.B.i. Website
WR’s website has pages dedicated to Hawaiian Gardens (https://wasteresources.com/hg/), as well as general pages for roll-off services, payment information, SB1383, holiday schedule, etc., that applies to all service areas.
The HG-specific pages are currently in English and will be available in Spanish in 2024. When available, links to the City’s website and documents are provided. Metrics are tracked monthly.
4.B.ii. Social Media
WR is active on Facebook, Instagram, and Twitter and uses Meta’s marketing features to promote events and topics that should reach more than just our followers. We welcome cross-promotion between WRHG and City’s pages in order to further our collective reach. Metrics are tracked monthly.
4.B.iii. Email
Since September 2023, WR sends emails to customers with information regarding holiday closures, tree recycling, special recycling events, and the like. Emails are either general in nature (holiday closures), or tailored to a specific sector (residential, multi-family, commercial, or combination). In general, the reception to this new method of communication has been positive and we look forward to continuing this direct contact in the future.
Metrics are tracked within a week of initial send, and for a month or two after (in case people open the email long after it was delivered).
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4.B.iv. Newsletter
This semi-annual item is described in the Franchise Agreement, but has not yet been produced. This can be used as a vehicle to promote near-term events, provide the SB1383 Annual Notice requirement, and other information useful to all customers. When provided to WRHG, oil waste information will be included.
4.B.v. Annual Notice
As noted above, the newsletter may be used to notify all customers of their obligation to comply with SB1383 on an annual basis. This notice includes:
• Organic waste generator’s requirements to properly separate materials in appropriate container; • Manager/employer’s requirements to provide adequate capacity and access; • 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; • Methane reduction benefits of reducing the landfill disposal of organic waste, and the methods of organic waste recovery used;
• How to recover organic waste;
• Public health and safety and environmental impacts associated with the landfill disposal of organic waste;
• Programs for the donation of edible food; and
• Self-hauling requirements.
4.B.vi. Bill Inserts
Every month, WRHG incorporates a recycling message on its invoices. Bill inserts can be used to further promote an event or topic. In the past, event flyers and MCR/MORe compliance information have been used.
The newsletter described in the prior section can be used as a billing insert. The City may request an insert be included with at least 30 days’ notice.
In Person
4.C.i. Site Visits
WRHG has developed a site visit program to meet with non-residential customers to review their account, suggest level of service changes, and provide outreach and technical assistance in compliance with regulatory requirement and the Franchise Agreement.
WRHG field staff will visit each 5+ multi-family complex, commercial, and regular roll-off customer once per year to assess the following:
• Adequacy of current level of service and cleanliness of each material stream; • Compliance with AB341, AB1826, AB 827, and SB 1383 (or identify need to comply); • Documentation of third-party recycling, if any; and
• Optimal level of service for each material stream.
To accomplish the above, the following will occur at each visit:
• Photos of material streams, collection areas, and any enclosures; • Characteristics of the property, business, and Generator type; • Identify which outreach/education is necessary for site and Generator type; • Determination of signage placement;
• Determination of any on-going training needs;
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• Determination of any access needs; and
• Documentation of any special service needs, (such as, but not limited to, seasonal, automated on-call compactor, etc.).
After the site visit, field staff will provide the customer with written results of the visits, which will include:
• Summary of current compliance with AB 341, SB 1826, AB 827, and SB 1383; • Suggested service level changes for each material stream (opportunities to reduce costs by enrolling in Source Separated Recycling and/or Source Separated Organics collection service and reducing trash service);
• Costs for the proposed change(s);
• Relevant outreach/education; and
• Offer to train customer’s tenants and staff, including but not limited to the property manager, janitorial staff, maintenance, and any other on-site staff members. or contractors, or tenants that handle Discarded Materials processes or are users of the processes.
Site visit notes and recommendations will be stored in a cloud-based folder so they may be accessed by WR staff, City staff, and consultant staff when necessary.
If a customer submits a Waiver request, the site visit will be conducted at the same time. A customer can request a visit at any time, even if not on the schedule for that week. Site visits will occur within one week of request to accommodate days of service so maximum filling can be observed.
WRHG’s field staff will use the checklist included in Appendix C to ensure all items are covered during the visit.
4.C.ii. Presentations
WRHG staff is available to conduct presentations and trainings for City Council, community groups, multi-family buildings, and any other opportunities to educate generators.
5. Procurement Requirements
CalRecycle’s website states the following: “Beginning January 1, 2022, SB1383 requires cities and counties to procure annually a quantity of recovered organic waste products. These procurement requirements will strengthen California’s green, self-sustaining economy. Demand for these products will drive infrastructure investment and create new green collar jobs in the state.” This annual obligation can be met by Direct Procurement or through a Direct Service Provider based on any product mix that best serves the jurisdiction’s specific needs. Citing CalRecycle: “Jurisdictions can meet their procurement requirement by contracting with a service provider that uses recovered organic waste products, like compost or renewable natural gas, on behalf of the jurisdiction. These direct service providers could include waste haulers, landscape services, or transportation services.” WRHG and the City will work together to meet the state-mandated targets.
6. Edible Food Recovery
WRHG is prepared to assist the City in identifying edible food recovery opportunities through visits to the Tier 1 and Tier 2 generators. WRHG can also help promote the benefits of donation.
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WRHG will research local Food Recovery Organizations and will work with the City and other entities to create and maintain a database of available capacity of Food Recovery Organizations, create a food donation network, and track local donations.
Annually, WRHG will conduct inspections of Commercial Edible Food Generators (through the Site Visit Process), Food Recovery Organizations, and Food Recovery Services to assess compliance with SB1383, and will provide the following:
• Information about Edible Food Recovery program;
• Information about the Commercial Edible Food Generator requirements; • Information about Food Recovery Organizations and Food Recovery Services operating within City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and • Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.
WRHG will also host an annual food donation workshop for Commercial Edible Food Generators and Food Recovery Organizations. WRHG will work with the City and other entities to collect and report annual required documentation from Food Recovery Organizations and services located within City that collect or receive Edible Food from Commercial Edible Food Generators.
7. Program Enforcement and SB1383 Compliance
Even with all the programs in place, contamination remains the biggest challenge to the City meeting diversion targets. This section details the different ways WRHG addresses this issue, as well as the documentation requirements.
Route Audit
WRHG completes route audits in accordance with the requirements of SB1383 and the Franchise Agreement. In January, a full route report for end of the year is run to then randomly assign 10% of each day’s route for a “lid flip” route audit. There are five phases to this process, from running the route report to follow-up and reporting, which are detailed in Appendix D.
Red Tags
Outside of the route audit process, field crews are empowered to leave red tags for any number of reasons throughout the year, one of which being contamination. A copy of the most recent tag can be found online (https://wasteresources.com/residential/hg/redtag/) and in Appendix D. For habitual contaminators that receive four (4) warnings in any three-month period, the container may be refused service, dumped as the predominant commodity, charged a contamination fee, or combination of all three.
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Oops Tags
WRHG is developing a series of Oops! tags that are specific to the route review process defined in 5.A and is an extension of WRHG’s existing red tag program. We have found that customers need more detail regarding contamination than what the red tag could provide. As these are finalized, they will be put to use in HG.
Waivers
Pursuant to 14 CCR Section 18984.11, a jurisdiction may grant one or more of the following types of waivers to a generator of organic waste:
• De Minimis Waivers;
• Physical Space Waivers; and
• Collection Frequency Waivers.
WRHG’s default position is program implementation, barring tenable grounds for applying for one of these types of waivers. WRHG will uphold its role in enforcing SB1383 compliance whenever it is practicable to do so, while balancing duty with customer advocacy. A written process is followed by staff to ensure consistent tracking and all requests are tracked in Excel.
1. Receive waiver application from customer or identify account as a candidate, based on site visit.
2. Schedule onsite visit to review request and document findings/recommendation, if necessary.
3. After visit, forward request and supporting documentation to City.
4. City reviews and approves or denies waiver request. Requests are valid for five years from date of approval.
5. If approved, account updated and container(s) removed.
The City may elect to provide waivers to those accounts that fall under MCR and MORe compliance thresholds in order to keep compliance numbers the same, instead of reporting one set for SB1383 and another for MORe.
Quarterly SB1383 Contamination Sorts
WRR conducts a contamination sort every quarter that is reported to CalRecycle. This information is useful to the hauling operation, as it can help identify routes to focus outreach efforts, problem materials that continue to contaminate across the City, and other metrics to help us help our customers be good stewards of the environment.
Truck Cameras
WRHG is currently testing an onboard camera system that will identify cart contaminants automatically and will produce a report so that noticing procedures can be completed more automatically. Drivers can also use the cameras to see real-time data and leave a red tag if contamination is found.
Compliance Review
7.G.i. Commercial and Multi-Family Customers
WRHG will perform a desk audit of all commercial and multi-family customers that are subject to the requirements of AB 341, AB1826, and SB1383 to confirm that the proper services are being provided. As noted in Section 3, WRHG has used this opportunity to stress the 3-container system to all customers.
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Based on the level of service at the end of the calendar year, WRHG will prepare a list of non-compliant customers that will then receive notification of mandatory services, as described in Section x. As also noted, there isn’t 100% compliance as of December 31, 2023. In order to remedy, WRHG will send the notification along with a waiver application. A sample letter is included in Appendix E.
7.G.ii. Tier 1 and Tier 2 Edible Food Generators
WRHG will perform a desk audit of all Tier 1 and Tier 2 Commercial Edible Food Generators to confirm that they are in compliance with the requirements of SB1383, based on available data. WRHG will report Generators with violations of SB1383 regulations to City. City will be solely responsible for subsequent enforcement action against the non-compliant Customers or Commercial Edible Food Generators.
8. Reporting
WRHG will provide the City all reporting necessary for SB1383 compliance to CalRecycle. The online shared folder have all pertinent information available.
Waste Diversion and Disposal Reporting Requirements
WRHG provides the City with weekly, quarterly, and annual reports. Each report has a different focus area.
8.A.i. Weekly
Bulky item requests so City can ascertain abandoned items versus scheduled pickups.
8.A.ii. Quarterly (due 30 days after end of quarter)
1. Solid Waste tonnage, separated by service sector and commodity. Includes tons collected, processed, recycled, and disposed, with list of facilities used.
2. Number of residents, commercial, industrial, and construction/Demolition accounts serviced.
3. Number of missed pickups and the actions taken to remedy the missed collection.
4. Red tag report, with address, service type, issue/incident, and resolution.
5. Complaint log.
6. Description and copies of all outreach activities and materials.
7. On-Site Technical assistance log, including address, date, contact, and discussion notes.
8.A.iii. Annual (due 20 days after end of year)
1. Number of Containers in service as of the last day of the calendar reporting year (December 31st) including Cart size, Bin Size, frequency, and type of material serviced.
2. Updated route schedules.
3. Vehicle list, including sector serviced, vehicle type, model year, fuel type, vehicle number, and license plate number.
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Appendix A
Decals
Organics
Recycling
Trash
Waste Resources
a company
(888) 467-7600 wasteresources.com
ONLY ORGANIC
Coffee Grounds, Used Coffee
Filters and Tea Bags
Filtros y posos de café,
Bolsas de té
Fruits & Veggies, Eggs & Shells, Dairy
Products, Meat & Bones , Fish & Shellfish , * * *
Grains & Pasta, Rice & Beans
Frutas y verduras, huevos y cáscaras,
productos lácteos, carne* y huesos,
pescado* y mariscos*, cereales y
pasta, arroz y frijoles
Leaves, Grass, Small Branches,
Clean Wood
Hojas, hierba, ramas
pequeñas, madera
limpia
Soiled/Greasy Paper and Boxes,
Used Napkins and Paper Towels
Cajas y papel sucio/grasoso,
servilletas y toallas de
papel usadas
Biodegradable paper
serviceware (100% paper)
Utensilios de servicio
(100% de papel)
* Commercial facilities (butcher, grocery, restaurant) cannot use this program to process raw meat, poultry, or fish.
* Instalaciones comerciales (carnicería, supermercado, restaurante) no pueden utilizar este programa para procesar carne, aves, o pescado crudos. 3 CCR §1180.48
Keep it Loose
Manténgalo suelto
Bag It
Embólsalo
Get the latest
list any time
Waste Resources
a company
(888) 467-7600 wasteresources.com
ONLY RECYCLE
Glass Bottles & Jars
Frascos y botellas de
vidrio
Plastics, #1-5
Plásticos, #1-5
Clean & Dry Paper &
Cardboard
Papel y cartón limpio
y seco
Cartons
Cartones
Keep it Loose - bags can hold liquid that
will ruin a recycling load
Keep it Dry - wet paper can't be recycled
Keep it Clean - clean out any food residue
Manténgalo suelto - bolsas pueden
aguantar líquido que arruinará una
carga de reciclaje
Manténgalo seco - papel mojado no se
puede reciclar
Manténgalo limpio - limpie cualquier
residuo de comida
Get the latest
list any time
Aluminum, Tin, & Bimetal
Aluminio, estaño, y
Film/Bags, Food, bimetal
Hazardous
Envoltorios/Bolsas,
Comida, Peligroso
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Appendix B
Welcome Packet
Welcome Letter (residential)
Service Guide (residential)
Welcome Letter (commercial)
Service Guide (commercial)
What Goes Where
To: Hawaiian Gardens Residential Customer
Subject: Information about Your New Account
Dear Residential Customer:
On behalf of the entire Waste Resources (WR) team, welcome to the WR family! WR has been serving the City of Hawaiian Gardens since 2019 and we look forward to providing you with great service that turns Today’s Waste into Tomorrow’s Resource.
The foundation of the City’s collection program is a mandatory 3-cart system:
• BLUE‐lid for dry recyclables (bottles, cans, printer paper, and cardboard); • GREEN-lid for mixed organics (greenwaste, food scraps, and food-soiled paper); and • BLACK-lid for trash (non-organic and non-recyclable items).
These mandatory services are required by State law to increase waste diversion and reduce landfill waste and greenhouse gas emissions. For more help on what goes where, refer to the enclosed brochure or visit our website. We take great care in our recycling programs and will tag your cart(s) for contamination. Please follow recycling procedures and sort materials properly. Non-compliance may result in additional fees.
Other services available to our residential customers include:
• Valet Service (for help in setting out your carts);
• Senior Discount (for qualifying seniors);
• Cart Replacement (if your carts are damaged or missing); • Sharps Mail-Back Program (an easy way to keep sharps out of the trash); • Bulky Item and E-Waste Pickup (up to six items per pickup, five pickups/year); • Additional recycling and 1st organics carts at no extra charge - there is a fee for extra trash carts; • Bin or Roll-Off Service (for bigger clean-up jobs) - WR is the ONLY company permitted to supply this service to residential customers.
Our customer service team is available Mon-Fri 7am-5pm and Sat 8am-12pm to answer any questions you may have about your services by phone (888-467-7600) or email ([email protected]).
Please visit our website, wasteresources.com, for expanded service information, FAQ’s, and links to other resources. “Like” us on Facebook and “Follow” us on Twitter and Instagram to keep up to date on holiday closures and events that promote recycling and waste minimization.
Again, welcome to the WR family!
Enclosures
A: Cliente Residencial de Hawaiian Gardens
Sujeto: Información Sobre Su Cuenta Nueva
Estimado(a) Cliente Residencial:
En nombre de todo el equipo de Waste Resources (WR), gracias por su negocio. WR ha servido la ciudad de Hawaiian Gardens desde 2019 y esperamos brindarle un servicio excelente que convierte los Desechos de Hoy en Los Recursos del Mañana.
La fundación del programa de la Ciudad es un sistema obligatorio de 3 contenedores:
• Tapa AZUL para reciclables secos;
• Tapa VERDE para compuestos orgánicos mixtos (residuos verdes, restos de comida y papel sucio con comida); y
• Tapa NEGRA para basura (artículos no orgánicos y no reciclables).
Estos servicios obligatorios son requeridos por leyes estatales y locales para aumentar el desvío de desechos y reducir las emisiones de gases de efecto invernadero y los desechos de vertederos. Para más ayuda sobre qué va a dónde, consulte el folleto adjunto o visite nuestro sitio web. Tomamos mucho cuidado en nuestros programas de reciclaje y etiquetaremos su(s) bote(s) por contaminación. Siga los procedimientos de reciclaje y clasifique los materiales correctamente. El incumplimiento continuo puede resultar en un cargos adicionales.
Otros servicios disponibles para nuestros clientes residenciales incluyen:
• Servicio de Valet (para ayuda el sacar sus botes);
• Descuento para Mayores (para ciudadanos mayores que califican); • Reemplazo de Botes (si sus botes están dañados o desaparecidos); • Retorno Postal de Objetos Punzantes (una manera fácil de mantener objetos punzantes fuera de la basura); • Colección de Artículos Domésticos Voluminosos y Desechos Electrónicos (hasta seis artículos grandes/pesados cinco veces al año);
• Botes adicionales de reciclaje y el 1º de desechos orgánicos sin cargo adicional - hay un cargo para botes de basura adicionales;
• Servicio de Contenedor o Roll-Off (para trabajos de limpieza grandes) - WR es la ÚNICA empresa permitido a proveer este servicio a los clientes residenciales.
Nuestro equipo de servicio al cliente está disponible de lunes a viernes de 7am-5pm y sábados 8am-12pm para responder a cualquier pregunta que pueda tener sobre sus servicios por teléfono (888-467-7600) o correo electrónico ([email protected]).
Visite nuestro sitio web, wasteresources.com, para obtener información ampliada sobre el servicio, preguntas frecuentes y enlaces a otros recursos. Haga clic en "Me gusta" en Facebook y "Síganos" en Twitter e Instagram para mantenerse actualizado sobre los cierres de vacaciones y eventos que promueven el reciclaje y la minimización de desechos.
Otra vez, ¡bienvenidos a la familia de WR!
Documentos Adjuntos
ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ,ŽƵƌƐ͗DͲ&ϳ͗ϬϬĂƚŽϱ͗ϬϬƉ͖^Ăϴ͗ϬϬĂƚŽϭϮ͗ϬϬƉ ,ŽƌĂƐĚĞ^ĞƌǀŝĐŝŽĂůůŝĞŶƚĞ͗>Ͳsϳ͗ϬϬĂĂϱ͗ϬϬƉ͖^Ąϴ͗ϬϬĂĂϭϮ͗ϬϬƉ ;ϴϴϴͿϰϲϳͲϳϲϬϬŽƌ;ϯϭϬͿϯϲϲͲϳϲϬϬ;ϯϭϬͿϯϲϲͲϳϲϬϲǁĂƐƚĞƌĞƐŽƵƌĐĞƐ͘ĐŽŵͬŚŐ ŚĂǁŐĂƌĚĞŶƐΛǁĂƐƚĞƌĞƐŽƵƌĐĞƐ͘ĐŽŵ
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ŐƌĂƚŝƐ;ĞŶǀĂƐĞ͕ĞƚŝƋƵĞƚĂĐŽŶĨƌĂŶƋƵĞŽƉĂŐĂĚŽ
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sŝƐŝƚĞϴϴϴĐůĞĂŶůĂ͘ĐŽŵƉĂƌĂŵĄƐŝŶĨŽƌŵĂĐŝſŶLJƉĂƌĂůŽƐ
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ƉƌŽŐƌĂŵĂĚĞ ƐĞƉƵĞĚĞŶƌĞĐŝĐůĂƌƐŽďƌĞĞů ĞƐĞĐŚŽƐĞůĞĐƚƌſŶŝĐŽƐ ŽĚĞ,,tĚĞůŽŶĚĂĚŽ͘>ůĂŵĞĂtZ ĂƌƚşĐƵůŽƐǀŽůƵŵŝŶŽƐŽƐ ƉĂƌĂƉĞĚŝƌƵŶĂ
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ŶůĂĂƐĂ͗
WƌŽĚƵĐƚŽƐĚĞůŝŵƉŝĞnjĂĂďĂƐĞĚĞĐůŽƌŽ
DĞĚŝĐĂŵĞŶƚŽƐ WƵůŝŵĞŶƚŽƐ
ƐŵĂůƚĞĚĞƵŹĂƐLJƋƵŝƚĂĞƐŵĂůƚĞĚĞƵŹĂƐ
ĞƌŽƐŽůĞƐ >ŝŵƉŝĂĚŽƌĞƐĚĞŚŽƌŶŽ
ŶĞůWĂƚŝŽ͗
,ĞƌďŝĐŝĚĂƐ WĞƐƚŝĐŝĚĂƐ
YƵşŵŝĐŽƐĚĞůĂƉŝƐĐŝŶĂ &ƵŶŐŝĐŝĚĂƐ
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ŶŐŝŶĞĐůĞĂŶĞƌƐ ĐĞŝƚĞLJĨŝůƚƌŽƐĚĞĂĐĞŝƚĞ
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>şƋƵŝĚŽĚĞůŽƐĨƌĞŶŽƐ
ŶĞůƚĂůůĞƌ͗
WĞŐĂŵĞŶƚŽƐLJĂĚŚĞƐŝǀŽƐ WŝŶƚƵƌĂ͕ƚŽĚĂƐĐůĂƐĞƐ
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dĞƌŵŽƐƚĂƚŽƐ ĂƚĞƌŝĂƐ;ƚŽĚŽƐƚŝƉŽƐͿ
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DŝĐƌŽŽŶĚĂƐ :ƵŐĂĚŽƌĂƐĚĞsLJůƵͲZĂLJ
ƵĂůƋƵŝĞƌŽƚƌĂĐŽƐĂĐŽŶƵŶĂƉůĂĐĂĚĞĐŝƌĐƵŝƚŽ
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ũĞŵƉůŽƐ ĐŽůĞĐĐŝſŶƌĞƐŝĚĞŶĐŝĂů͕ƉĞƌŽƐĞƉƵĞĚĞŶůĞǀĂŶƚĂƌƉŽƌĚŽƐƉĞƌƐŽŶĂƐ ŚŽŶĞƐ͕ ŝŶĐůƵLJĞŶŵƵĞďůĞƐ͕ĐĂůĞŶƚĂĚŽƌĞƐĚĞĂŐƵĂ͕ĞůĞĐƚƌŽĚŽŵĠƐƚŝĐŽƐ͕ĐŽůĐ ,ĂƐƚĂŶƵĞǀŽĂǀŝƐŽ͕ƚŽĚŽƐ ĚĞƐĞĐŚŽƐĞůĞĐƚƌſŶŝĐŽƐ͕LJĚĞƐĞĐŚŽƐĚĞũĂƌĚşŶŐƌĂŶĚĞƐ͘ ŽƐĞƌĞĐŽŐĞƌĄŶ ůŽƐĐŽůĐŚŽŶĞƐĚĞďĞŶĞŵƉĂĐĂƌƐĞLJƐĞůůĂƌƐĞĂŶƚĞƐĚĞƌĞĐŽŐĞƌůŽƐ͘E ĐŽůĐŚŽŶĞƐĐŽŶĐŚŝŶĐŚĞƐ͘>ĂďĂƐƵƌĂƐƵĞůƚĂŶŽƐĞƌĞĐŽŐĞƌĄ͘ ƉĂƌĂůĂĐŽůĞĐĐŝſŶĚĞĂƌƚşĐƵůŽƐǀŽůƵŵŝŶŽƐŽƐĚŽŵĠƐƚŝĐŽƐ ŝŶĞůĞŐŝďůĞƐ ŽƐĂƐ ĚĞƌĂ͕ƌĞƐŝĚƵŽƐ ŝŶĐůƵLJĞŶĐĂƌƌŽĐĞƌşĂƐLJƉĂƌƚĞƐĚĞĂƵƚŽŵſǀŝůĞƐ͕ƐƉĂƐ͕ŐĂnjĞďŽƐ͕ŵĂ ŶƚĂĚŽĐŽŶ ĚĞĐŽŶƐƚƌƵĐĐŝſŶ͕ŽĂƌƚşĐƵůŽƐƋƵĞŶŽƉƵĞĚĞŶƐĞƌŵĂŶĞũĂĚŽƐLJůĞǀĂ ƐĞŐƵƌŝĚĂĚƉŽƌĚŽƐƉĞƌƐŽŶĂƐ͘
ůůĂŵĞĂtZĂůϴϴϴͲϰϲϳͲϳϲϬϬŚĂƐƚĂƐŝĞƚĞ;ϳͿĚşĂƐĚĞ WĂƌĂƉĞĚŝƌƵŶĂĐŽůĞĐĐŝſŶ͕ ĚĞůĚşĂĂŶƚĞƐ;ĞƐ ĂŶƚŝĐŝƉĂĐŝſŶĚĞƐƵĚşĂĚĞĐŽůĞĐĐŝſŶƌĞŐƵůĂƌ͕ĂŶƚĞƐĚĞůŵĞĚŝŽĚşĂ ƚĂƌĄĚĞƐĐƌŝďŝƌůŽƐ ĚĞĐŝƌ͕ŵĞĚŝŽĚşĂĞůDĂƌƚĞƐƉĂƌĂĐŽůĞĐĐŝſŶĞůDŝĠƌĐŽůĞƐͿ͘EĞĐĞƐŝ ĂƌƚşĐƵůŽƐƋƵĞƐĞĚĞũĂƌĄŶĞŶůĂĂĐĞƌĂƉĂƌĂůĂĐŽůĞĐĐŝſŶ͘ ĐŽ;ϱͿƌĞĐŽŐŝĚĂƐ ůŝĞŶƚĞƐƌĞƐŝĚĞŶĐŝĂůĞƐLJŵƵůƚŝĨĂŵŝůŝĂƌĞƐƐŽŶĞůĞŐŝďůĞƐƉĂƌĂĐŝŶ ĞĐĐŝſŶ͘ ƉŽƌĂŹŽĐĂůĞŶĚĂƌŝŽ͕ĐŽŶƵŶůşŵŝƚĞĚĞƐĞŝƐ;ϲͿĂƌƚşĐƵůŽƐƉŽƌĐŽů ŐƌĂƚƵŝƚĂƐ ĂƌŐŽ͘ DĄƐĚĞĐŝŶĐŽƐĞƌǀŝĐŝŽƐŽƐĞŝƐĂƌƚşĐƵůŽĞƐƚĂƌĄŶƐƵũĞƚŽƐĂƵŶƌĞĐ jE/ ĞƐůĂ ^ŝŶĞĐĞƐŝƚĂƵŶĐŽŶƚĞŶĞĚŽƌŐƌĂŶĚĞƉĂƌĂƉƌŽLJĞĐƚŽƐŵĄƐŐƌĂŶĚĞƐ͕tZ ŶĐŝĂůĞŶ ĐŽŵƉĂŹŝĂƋƵĞƉƵĞĚĞƉƌŽǀĞĞƌĐŽŶƚĞŶĞĚŽƌĞƐŐƌĂŶĚĞƐƉĂƌĂƵƐŽƌĞƐŝĚĞ ũĂ͞ƌŽůůͲŽĨĨ͘͟ ,ĂǁĂŝŝĂŶ'ĂƌĚĞŶƐ͘>ůĂŵĞŶŽƐƉĂƌĂƵŶĐŽŶƚĞŶĞĚŽƌ;ƵƐŽƷŶŝĐŽͿŽĐĂ 1RWDVGH6HUYLFLR
ĚĞƐĞƌǀŝĐŝŽƌĞŐƵůĂƌ ƴĂÇ ĞŶƐƵĚ ϳ͗ϬϬĂŵ ŶƚĞƐĚĞůĂƐ ŽůŽƋƵĞůŽƐďŽƚĞƐĞŶůĂĐĂůůĞ y ĚĞƐƉƵĠƐĚĞůƐĞƌǀŝĐŝŽ͘ ƚĂŶƉƌŽŶƚŽĐŽŵŽƉŽƐŝďůĞ LJŐƵĂƌĚĞƐƵƐďŽƚĞƐ LJĐŽůŽƋƵĞůŽƐďŽƚĞƐ ŚĂĐŝĂůĂĐĂůůĞ >ĂƐĂďĞƌƚƵƌĂƐĚĞůĂƐƚĂƉĂƐĚĞďĞŶĚĞĂƉƵŶƚĂƌ y Ɛ ƉŽƌůŽŵĞŶŽƐĚŽƐƉŝĞƐ;Ϯ͛ͿĚĞĚŝƐƚĂŶĐŝĂĞŶƚƌĞĞůůŽƐLJƚƌĞƐƉŝĞ ůĂĚŽĂůĂĚŽ ĚĞ ;ϯ͛ͿĚĞŽďũĞƚŽƐŽǀĞŚşĐƵůŽƐĞƐƚĂĐŝŽŶĂĚŽƐ͘
ƉĂƌĂ ŶŽĚĞďĞŶůůĞŶĂƌƐĞĞŶĞdžĐĞƐŽ LJůŽƐďŽƚĞƐ ĐĞƌƌĂĚĂƐ >ĂƐƚĂƉĂƐĚĞďĞŶĞƐƚĂƌ y
ƐƚŽƉƵĞĚĞĐĂƵƐĂƌĚĞƌƌĂŵĞƐ͘>ĂƌĞĐƵƉĞƌĂĐŝſŶĚĞůŽƐ ĞǀŝƚĂƌďĂƐƵƌĂĞŶůĂĐĂůůĞ͘ WĂƌĂĐŽŶƚĞŶĞĚŽƌĞƐ ĂƌƚşĐƵůŽƐĚĞƌƌĂŵĂĚŽƐƐĞƌĄƌĞƐƉŽŶƐĂďŝůŝĚĂĚĚĞůƌĞƐŝĚĞŶƚĞ͘ ĐŽƌƌĞŽ ŽƐĞƌǀŝĐŝŽƐĂĚŝĐŝŽŶĂůĞƐ͕ůůĂŵĞĂŶƵĞƐƚƌĂŽĨŝĐŝŶĂŽĞŶǀşĞŶŽƐƵŶ ĞůĞĐƚƌſŶŝĐŽĂŚĂǁŐĂƌĚĞŶƐΛǁĂƐƚĞƌĞƐŽƵƌĐĞƐ͘ĐŽŵ͘
ĐŽŶƵŶĂĂĐĐŝſŶ ĂǀŝƐŽ ^ŝƐƵďŽƚĞŶŽƐĞƉƵĞĚĞƐĞƌǀŝƌ͕ƐƵĐŽŶĚƵĐƚŽƌůĞĚĞũĂƌĄƵŶ y ĐŽƌƌĞĐƚŝǀĂƉĂƌĂůĂĐŽůĞĐĐŝſŶĚĞůĂƐĞŵĂŶĂƐŝŐƵŝĞŶƚĞ͘
ŽƌŐĄŶŝĐŽƐ ƌĞĐŝĐůĂũĞ ŽƚĞƐĂĚŝĐŝŽŶĂůĞƐĚĞ ŽĞůƉƌŝŵĞƌŽĚĞ ĞƐƚĄŶĚŝƐƉŽŶŝďůĞƐĚĞ y ŽƌŐĄŶŝĐŽƐ Ƶ ĂĚŝĐŝŽŶĂůĞƐ͘ ďĂƐƵƌĂ ͘,ĂLJƵŶĂƚĂƌŝĨĂƉĂƌĂďŽƚĞƐĚĞ ŐƌĂƚŝƐ ĚŽ͘ tZĞƚŝƋƵĞƚĂƌĄďŽƚĞƐƋƵĞĐŽŶƚĞŶŐĂŶĚĞŵĂƐŝĂĚŽŵĂƚĞƌŝĂůŶŽƉĞƌŵŝƚŝ y ŽƌŐĄŶŝĐŽƐ ƌĞĐŝĐůĂďůĞƐ dŽĚĂďĂƐƵƌĂͬ ͬ ĚĞďĞŶĞƐƚĂƌĞŶĐŽŶƚĞŶĞĚŽƌĞƐ͘EŽƐĞ y ĞƐƚƌĂ ƌĞĐŽŐĞƌĄŵĂƚĞƌŝĂůĨƵĞƌĂĚĞůŽƐĐŽŶƚĞŶĞĚŽƌĞƐ͖ĐŽŵƵŶşƋƵĞƐĞĐŽŶŶƵ ŽĨŝĐŝŶĂƉĂƌĂƵŶĂĐŽůĞĐĐŝſŶĂĚŝĐŝŽŶĂů͘
ƌĚĞŶƚƌŽ WŽƌƌĂnjŽŶĞƐĚĞƐĞŐƵƌŝĚĂĚ͕ůŽƐĐŽŶĚƵĐƚŽƌĞƐĚĞtZĚĞďĞŶƉĞƌŵĂŶĞĐĞ y ĚĞƐƵƐǀĞŚşĐƵůŽƐĞŶƚŽĚŽŵŽŵĞŶƚŽ͘
ůŽƐǀĞŚşĐƵůŽƐ dŽĚŽƐůŽƐĐŽŶƚĞŶĞĚŽƌĞƐĚĞďĞŶƐĞƌĂĐĐĞƐŝďůĞƐƉĂƌĂĞůƐĞƌǀŝĐŝŽĚĞ y ƚƌƵĐƚƵƌĂƐ͘ ĚĞƌĞĐŽůĞĐĐŝſŶ͘EŽĐŽůŽƋƵĞƐƵƐĐŽŶƚĞŶĞĚŽƌĞƐĐĞƌĐĂĚĞĂƵƚŽƐŽĞƐ %XON\+RXVHKROG,WHP&ROOHFWLRQDQG%LQ6HUYLFH ƵůŬLJŝƚĞŵƐĂƌĞĂŶLJŚŽƵƐĞŚŽůĚŝƚĞŵƐƚŚĂƚĚŽŶŽƚĨŝƚŝŶĂƌĞƐŝĚĞŶƚŝĂůĐĂƌƚďƵƚĐĂŶ ďĞůŝĨƚĞĚďLJƚǁŽƉĞŽƉůĞ͘
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y WůĂĐĞĂůůĐĂƌƚƐĐƵƌďƐŝĚĞďLJϳ͗ϬϬĂ͘ŵ͘ŽŶLJŽƵƌƌĞŐƵůĂƌůLJƐĐŚĞĚƵůĞĚƐĞƌǀŝĐĞĚĂLJ ĂŶĚƉƌŽŵƉƚůLJƌĞŵŽǀĞĐĂƌƚƐĂĨƚĞƌƐĞƌǀŝĐĞ͘
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y tZǁŝůůƚĂŐĐĂƌƚƐƚŚĂƚŚĂǀĞƚŽŽŵƵĐŚƵŶƉĞƌŵŝƚƚĞĚŵĂƚĞƌŝĂůŝŶƚŚĞŵ͘ y ůůƚƌĂƐŚͬ ͬ ŵƵƐƚďĞŝŶĐŽŶƚĂŝŶĞƌƐ͘ŶLJƚƌĂƐŚŽƵƚƐŝĚĞŽĨ ƌĞĐLJĐůĂďůĞƐ ŽƌŐĂŶŝĐƐ ĐŽŶƚĂŝŶĞƌƐǁŝůůŶŽƚďĞĐŽůůĞĐƚĞĚͲĐŽŶƚĂĐƚŽƵƌŽĨĨŝĐĞĨŽƌĂŶĞdžƚƌĂƉŝĐŬƵƉ͘ y &ŽƌƐĂĨĞƚLJƌĞĂƐŽŶƐ͕tZĚƌŝǀĞƌƐŵƵƐƚƌĞŵĂŝŶŝŶƐŝĚĞƚŚĞŝƌǀĞŚŝĐůĞƐĂƚĂůůƚŝŵĞƐ͘ y ůůĐŽŶƚĂŝŶĞƌƐŵƵƐƚďĞĂĐĐĞƐƐŝďůĞĨŽƌƐĞƌǀŝĐĞďLJƚŚĞĐŽůůĞĐƚŝŽŶǀĞŚŝĐůĞƐ͘ŽŶŽƚ ƉůĂĐĞLJŽƵƌĐŽŶƚĂŝŶĞƌƐĐůŽƐĞƚŽĐĂƌƐŽƌƐƚƌƵĐƚƵƌĞƐ͘
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To: Hawaiian Gardens Residential Customer
Subject: Information about Your New Account
Dear Residential Customer:
On behalf of the entire Waste Resources (WR) team, welcome to the WR family! WR has been serving the City of Hawaiian Gardens since 2019 and we look forward to providing you with great service that turns Today’s Waste into Tomorrow’s Resource.
The foundation of the City’s collection program is a mandatory 3-cart system:
• BLUE‐lid for dry recyclables (bottles, cans, printer paper, and cardboard); • GREEN-lid for mixed organics (greenwaste, food scraps, and food-soiled paper); and • BLACK-lid for trash (non-organic and non-recyclable items).
These mandatory services are required by State law to increase waste diversion and reduce landfill waste and greenhouse gas emissions. For more help on what goes where, refer to the enclosed brochure or visit our website. We take great care in our recycling programs and will tag your cart(s) for contamination. Please follow recycling procedures and sort materials properly. Non-compliance may result in additional fees.
Some customers may be exempt from State and City recycling or organics collection service requirements.
Allowable exemptions include lack of space, a business generates minimal amounts of recyclable or organic material, or self-hauls material to a recycling center. To request an exemption, download the waiver from our website. The City will make the final determination.
Other services available to our customers include:
• Bulky Item and E-Waste Pickup (Free [5x/yr] for multi-family properties; small fee for businesses); • Locking lids to secure your recyclables and keep out scavengers; • Holiday tree recycling (for 4 weeks starting December 26 for multi-family properties); • Graffiti removal and bin cleaning;
• On-site evaluation to help you determine the most cost-effective program for your location; and • Extra pickups to handle infrequent surges to prevent overflow.
Our customer service team is available Mon-Fri 7am-5pm and Sat 8am-12pm to answer any questions you may have about your services by phone (888-467-7600) or email ([email protected]).
Please visit our website, wasteresources.com, for expanded service information, FAQ’s, and links to other resources. “Like” us on Facebook and “Follow” us on Twitter and Instagram to keep up to date on holiday closures and events that promote recycling and waste minimization.
Again, welcome to the WR family!
Enclosures
A: Cliente Comercial de Hawaiian Gardens
Sujeto: Información Sobre Su Cuenta Nueva
Estimado(a) Cliente Comercial:
En nombre de todo el equipo de Waste Resources (WR), gracias por su negocio. WR ha servido la ciudad de Hawaiian Gardens desde 2019 y esperamos brindarle un servicio excelente que convierte los Desechos de Hoy en Los Recursos del Mañana.
La fundación del programa de la Ciudad es un sistema obligatorio de 3 contenedores:
• Tapa AZUL para reciclables secos;
• Tapa VERDE para compuestos orgánicos mixtos (residuos verdes, restos de comida y papel sucio con comida); y • Tapa NEGRA para basura (artículos no orgánicos y no reciclables).
Estos servicios obligatorios son requeridos por leyes estatales y locales para aumentar el desvío de desechos y reducir las emisiones de gases de efecto invernadero y los desechos de vertederos. Para más ayuda sobre qué va a dónde, consulte el folleto adjunto o visite nuestro sitio web. Tomamos mucho cuidado en nuestros programas de reciclaje y etiquetaremos su(s) bote(s) por contaminación. Siga los procedimientos de reciclaje y clasifique los materiales correctamente. El incumplimiento continuo puede resultar en un cargos adicionales.
Algunos clientes pueden estar exentos de los requisitos del servicio de recolección de productos orgánicos o reciclaje estatales y municipales. Las exenciones permitidas incluyen falta de espacio, una empresa genera cantidades mínimas de material reciclable u orgánico, o autotransporta material a un centro de reciclaje. Para solicitar una exención, descarga el formulario de nuestro sitio web. La Ciudad tomará la decisión final.
Otros servicios disponibles para nuestros clientes incluyen:
• Recolección de artículos voluminosos y desechos electrónicos (gratis (5 veces al año) para propiedades multifamiliares; pequeña tarifa para empresas);
• Tapas con seguro para asegurar sus materiales reciclables y mantener alejados a los carroñeros; • Reciclaje de árboles navideños (durante 4 semanas a partir del 26 de diciembre para propiedades multifamiliares);
• Eliminación de grafitis y limpieza de contenedores;
• Evaluación de reciclaje en su sitio para ayudarlo a determinar el programa más rentable para su ubicación; y • Recolecciones adicionales para manejar sobretensiones poco frecuentes para evitar desbordamientos.
Nuestro equipo de servicio al cliente está disponible de lunes a viernes de 7am-5pm y sábados 8am-12pm para responder a cualquier pregunta que pueda tener sobre sus servicios por teléfono (888-467-7600) o correo electrónico ([email protected]).
Visite nuestro sitio web, wasteresources.com, para obtener información ampliada sobre el servicio, preguntas frecuentes y enlaces a otros recursos. Haga clic en "Me gusta" en Facebook y "Síganos" en Twitter e Instagram para mantenerse actualizado sobre los cierres de vacaciones y eventos que promueven el reciclaje y la minimización de desechos.
Otra vez, ¡bienvenidos a la familia de WR!
Documentos Adjuntos
ABOUT US
With over 50 years of operational experience and
expertise in the waste industry, Waste Resources
offers the highest quality integrated waste
services to our customers and bring back the good
old-fashioned and outstanding service enjoyed
before the “mega mergers.”
We provide dependable services to municipal,
commercial, industrial, construction, and
residential customers.
We are always striving to improve our
environment with cutting edge ideas. Currently,
we are testing and developing new technologies
to ensure a healthy environment for our future.
We hope to make landfills, like dinosaurs - extinct.
Customer Service Hours:
M-F 7 a.m. to 5 p.m.; Sa 8 a.m. to 12 p.m.
( (888) 467-7600 or (310) 366-7600
7 (310) 366-7606
8 www.wasteresources.com/hg
* [email protected]
P.O. Box 3697
Gardena, CA 90247
ph 888.467.7600
fx 310.366.7606
www.wasteresources.com
á Printed on Recycled Paper
Keeping the world green
with a touch of orange
Jun-2020
MANDATORY COMMERCIAL RECYCLING
State law requires all businesses that
regularly generate four (4) or more cubic
yards of waste weekly and all multi-family
complexes (5+ units) to recycle.
MANDATORY ORGANICS RECYCLING
State law also requires all businesses and
multi-family complexes (5+) that regularly
generate four (4) or more cubic yards of
waste weekly to recycle their food* scraps,
nonhazardous wood waste, and landscape
and pruning waste.
See inside for details on Waste Resources’
dry recycling and organics programs.
* Multi-family complexes are not required to recycle
food waste at this time.
Commercial Recycling Services
Waste Resources
a company
SERVICES AVAILABLE
l TRASH, RECYCLING, AND ORGANICS
COLLECTION
l BULKY ITEM AND E-WASTE REMOVAL
l SCOUT SERVICE
l LOCKING LIDS
l ON-SITE RECYCLING EVALUATION
l RECYCLING OUTREACH
l GRAFFITI REMOVAL AND BIN CLEANING
Recycle
Ÿ Plastic containers, bottles, tubs,
jars, and clear plastic film bags
Ÿ Newspaper, magazines, phone
books, envelopes, clean white
and colored paper, mixed paper
Ÿ Aluminum, tin, metal, and bimetal cans, metal hangers Ÿ Glass bottles and jars
Ÿ Milk, juice, and soup
cartons
Ÿ Cardboard and
paperboard (i.e.
cereal boxes),
flattened
ECO-TIP: Please rinse out all
containers with food or liquids
to make them easier to recycle!
Note: WR will tag carts that have too
much trash in them. Repeated violations
will result in more black-lid trash cart(s),
which will raise your monthly bill.
Ÿ Eggs and eggshells
Ÿ Dairy products
Ÿ Fruits and vegetables
Ÿ Grains and pasta, rice and beans
Ÿ Meat and bones
Ÿ Coffee grounds and tea leaves
Ÿ Fish and
shellfish
Greenwaste
Ÿ Grass, leaves, and small branches
less than three (3) inches thick
and four (4) feet long.
Ÿ Untreated, clean wood scraps
Ÿ Larger branches will require a
bulky item pickup. Call the office
to schedule.
Organics
HOW TO GET STARTED
It’s easy to recycle at your business or multifamily complex:
ü Make sure you have arranged for the
correct recycling services with Waste
Resources.
ü Separate recyclables and/or organics
inside your business or complex.
ü Place recyclables in Waste Resources’
blue-lid recycling, brown-lid organics,
or green-lid greenwaste container for
collection.
DON’T KNOW WHERE TO START?
Contact Waste Resources to schedule a FREE
recycling evaluation.
Your Containers are NOT for:
Ÿ Appliances
Ÿ Construction materials, dirt,
sand, stone, or concrete
Ÿ Lawn furniture
Ÿ Rubber tires, bulky items, or
hazardous waste
Waste management solutions that work for your business or multi-family property.
Let us help you comply with State-mandated laws and regulations.
LOCAL EXPERTISE, LOCAL SOLUTIONS, GLOBAL IMPACT.
NEW
What Goes Where*
Recycle
• Cartons
• Glass containers
• Metal cans and clean foil
• Paper, newspaper, magazines, phone books,
envelopes, cardboard (flattened)
• Plastic bottles, tubs, jars
Keep it Loose - bags can hold liquid that will ruin a recycling load Keep it Dry - wet paper can't be recycled (put in green cart) Keep it Clean - clean out any food residue
3 Easy Steps for
Recycling Success!
• Broken Glass and Dishes
• Hoses, Disposable Gloves, Hairnets
• Kitty Litter, Diapers, Bagged Pet Waste
• Plastic Cups, Lids, Utensils, Straws, Shrink/Cling Wrap • Shoes, Clothing, Accessories, and Toys that Cannot
be Donated or Sold
• Snack and Chip Bags, Candy Wrappers
• Wrapping and Tissue (Gift) Paper
REVISED
Mixed Organics
Trash • Grass, leaves, and flowers
• Small branches less than three (3) inches thick and
four (4) feet long
• Untreated, clean wood scraps
Keep it Loose
• Biodegradable paper plates and bowls
• Coffee grounds and filters, tea and tea bags
• Food scraps and leftovers
• Soiled/greasy paper and boxes
• Paper napkins and towels
Bag It (Clear Bags Only)
* These are partial lists. Scan the QR code to find more detailed lists.
NUEVO
Que Va Donde*
Recicle
• Cartones
• Contenedores de vidrio
• Latas de metal y papel de aluminio limpio
• Papel, periódicos, revistas, guías telefónicas, sobres, cartón (aplanado)
• Botellas, tarros, y envases de plástico
Manténgalo suelto - bolsas pueden aguantar líquido que
arruinará una carga de reciclaje
Manténgalo seco - papel mojado no se puede reciclar (ponlo en el bote verde)
Manténgalo limpio - limpie cualquier residuo de comida
¡3 pasos fáciles para
el éxito del reciclaje!
• Vidrio y platos rotos
• Mangueras, guantes desechables, redecillas para el
cabello
• Arena para gatos, pañales, desechos de mascotas en
bolsas
• Vasos, tapas, utensilios, pajitas, envoltura
retráctil/adhesiva de plástico
• Zapatos, ropa, accesorios y juguetes que no se
pueden donar ni vender
• Bolsas de meriendas y patatas fritas, envoltorios de
caramelos
• Papel de regalo y papel tisú (regalo)
REVISADO
Orgánicos Mixtos
Basura • Hierba, hojas y flores
• Ramas pequeñas de menos de tres (3) pulgadas de
espesor y cuatro (4) pies de largo
• Restos de madera limpios y sin tratamiento
Mantenlo Suelto
• Platos y tazones de papel biodegradable
• Café molido y filtros, té y bolsas de té
• Restos y sobras de comida
• Cajas y papel sucio/grasoso
• Servilletas y toallas de papel
Embolsarlo (solo bolsas transparentes)
* Estas son listas parciales. Escanea el código QR para encontrar listas más detalladas.
City of Hawaiian Gardens Work Plan
Waste Resources Hawaiian Gardens
January 2024
Appendix C
Site Visit Checklist
Topics to Covery During a Site Visit
Topics to Cover during a Site Visit
AB341 - aka Mandatory Commercial Recycling aka MCR
1. Business = 4+ cubic yards/week total service
2. Multi-Family = 5+ units
AB1826 - aka Mandatory Organics Recycling aka MORe
1. Business = 2+ cubic yards/week total service
2. Multi-Family = 5+ units and 2+ cubic yards/week total service SB1383 - aka Short-Lived Climate Pollutant (SLCP) Reduction Strategy
1. Makes the above mandatory compliance
2. Info at wasteresources.com/sb1383
AB827 - Public Containers at “Front of House”
1. If subject to MCR/MORe and sell food/recyclables that are consumed onsite, must have recycling and organics recycling container next to every trash can (except for bathrooms) used by the public when purchased and consumed onsite
2. Think fast food and fast casual dining where you bus your own table - dine-in restaurant exempt Stormwater
1. Bins must have lids closed if not inside or under a roofed enclosure
2. Enclosure area needs to stay clean to reduce stormwater debris flow Food Rescue
1. Promote City program Each City is developing their own program and network with rescue organizations
Right-Size Services
1. No overfilling or underfilling on a regular basis
2. Overfilling = fees and automatic service adjustment
3. Confirm current size and quantity of containers onsite, compare to account Contamination
1. Trash in recyclables = fees
2. Trash in organics = fees
3. Recycling or organics in trash =fees
4. Services are mandatory, can request for a waiver if good candidate Leave-Behinds
1. New Service Confirmation (if adjusting services), make sure you get a signed copy
2. Business Card
3. Service Brochure
4. Decals for Containers (if missing) and posters for posting
5. What Goes Where
6. Food Rescue Information (food establishments)
City of Hawaiian Gardens Work Plan
Waste Resources Hawaiian Gardens
January 2024
Appendix D
Route Audits
Route Review Methodology
Oops Tag (under development)
Follow Up Letters
Red Tag
Route Review Methodology (based on Section 18984.5.b of SB1383) Phase 1 - Determine Stops for Audit
1. Run master route report for all routes.
2. Develop table of stops per day per route.
3. Using a random number generator, select 10% of stops for each route day.
4. Assign stops to be reviewed based on master list and stop number. See following page for 2024 Route allocation and tentative schedule.
Phase 2 - Map and Schedule
5. Map selected stops and schedule review dates so that all routes are reviewed within a calendar year.
Phase 3 - Conduct Container Inspections
6. Conduct Physical Container Inspections of the Blue, Green, and Black/Gray containers via two methods:
a. When Contractor’s personnel dismounts from Collection vehicles to empty a Container, such personnel shall lift the Container lid and observe the contents. b. When Contractor’s personnel visits locations selected for review, such personnel shall lift the Container lid and observe the contents.
Phase 4 - Follow Up with Contaminated Containers
7. If contamination found, photograph, mark up Oops! tag, and leave tag with proper material separation protocol:
a. Record each event of identification of Prohibited Container Contaminants in a written log or on-board computer system that includes date, time, Customer’s address, type of Container (Blue, Green, or Gray/Black Container); and maintain photographic evidence. b. Record each event of identification of any Excluded Waste in an uncollected Container and immediately inform the route supervisor.
c. Follow up to the tag with a mailed letter to the Customer that includes (i) notification of observed contamination; (ii) the date and time of observation; (iii) information regarding proper separation protocols; (iv) and notification of courtesy pick-up and warning that contamination fees may be assessed following three consecutive contamination observations.
Phase 5 - Reporting
8. Provide updates to route review schedule and list fees (by site) assessed in quarterly reports. 2024 Route Review Counts
2024 Route Review Schedule (Tentative)
10% of stops
Route Monday Tuesday Wednesday Thursday Friday Saturday Total 1041 10 6 6 6 10 4 41
1046 000000 0
HGORG1 0 0 11 0 0 0 11
HGREC1 009000 9
HG0001T 0 084000 84
HG0002T 0 067000 67
HG0003T 0 071000 71
HG0011R 0 0202000 202
HG0021G 0 0207000 207
10 6 656 6 10 4 693
Month Route(s)
January
February
March 1041, HGORG1, HGREC1
April HG0001T
May HG0002T
June HG0003T
July HG0011R
August HG0011R
September HG0021G
October HG0021G
November
December
2024 Calendar
COURTESY NOTICE
[date]
[addressee]
[organization]
[address1]
[address2]
Subject: Notice of Organics Contamination [site address] Dear [Addressee]:
On [date], Waste Resources conducted a routine inspection of your site’s service with us. During this inspection, our team discovered that your mixed organics container(s) was contaminated with items that are not accepted in the organics recycling program. A tag should have been placed on the container(s) regarding the contamination, along with information about what is accepted. Please provide this information to anyone who uses your container(s) to prevent contamination in the future. Photos are included for your reference and information.
What is Contamination?
Contamination happens when the wrong material is placed in the wrong container. Contaminants can damage processing equipment, harm employees, and turn other compostables into trash. Only place accepted materials in your mixed organics container(s) to avoid fees and service disruptions. As a reminder, only the following are allowed in the green-lid mixed organics container:
LOOSE
• Grass, leaves, and flowers
• Small branches less than three (3) inches thick and four (4) feet long • Untreated, clean wood scraps
IN CLEAR BAGS
• Food scraps (including meat and dairy) and leftovers
• Coffee grounds and filters, tea bags, loose leaf tea
• Paper napkins and towels
• Soiled/greasy paper and boxes
• Biodegradable paper plates and bowls
Following three consecutive instances of contamination, Waste Resources may charge a contamination fee, at the approved rate, for each occurrence of contamination that is observed and documented by our team. Please visit our website, wasteresources.com/hg for expanded service information, FAQs, and links to other resources.
Sincerely,
WR Compliance Team
cc: Hawaiian Gardens Public Works
Attachments: Photos, What Goes Where
COURTESY NOTICE
[date]
[addressee]
[organization]
[address1]
[address2]
Subject: Notice of Recycling Contamination [site address] Dear [Addressee]:
On [date], Waste Resources conducted a routine inspection of your site’s service with us. During this inspection, our team discovered that your recycling container(s) was contaminated with items that are not accepted in the recycling program. A tag should have been placed on the container(s) regarding the contamination, along with information about what is accepted. Please provide this information to anyone who uses your container(s) to prevent contamination in the future. Photos are included for your reference and information.
What is Contamination?
Contamination happens when the wrong material is placed in the wrong container. Contaminants can damage processing equipment, harm employees, and turn other recyclables into trash. Only place accepted materials in your recycling container(s) to avoid fees and service disruptions. As a reminder, only the following are allowed in the blue-lid recycling container:
• Cartons
• Glass containers
• Metal cans and clean foil
• Paper, newspaper, magazines, phone books, envelopes, cardboard (flattened) • Plastic bottles, tubs, jars
Following three consecutive instances of contamination, Waste Resources may charge a contamination fee, at the approved rate, for each occurrence of contamination that is observed and documented by our team. Please visit our website, wasteresources.com/hg for expanded service information, FAQs, and links to other resources.
Sincerely,
WR Compliance Team
cc: Hawaiian Gardens Public Works
Attachments: Photos, What Goes Where
COURTESY NOTICE
[date]
[addressee]
[organization]
[address1]
[address2]
Subject: Notice of Trash Contamination [site address]
Dear [Addressee]:
On [date], Waste Resources conducted a routine inspection of your site’s service with us. During this inspection, our team discovered that your trash container(s) was contaminated with items that are not accepted in the container. A tag should have been placed on the container(s) regarding the contamination, along with information about what is accepted. Please provide this information to anyone who uses your container(s) to prevent contamination in the future. Photos are included for your reference and information.
What is Contamination?
Contamination happens when the wrong material is placed in the wrong container. Contaminants can damage processing equipment, harm employees, and reduce the amount of recyclables and organics that are diverted from landfills. Only place accepted materials in your trash container(s) to avoid fees and service disruptions. As a reminder, only the following are allowed in the black-lid trash container:
NON-COMPOSTABLE AND NON-RECYCLABLE ITEMS
• Broken dishes and drinking glasses
• Snack and chip bags, candy wrappers, and similar food plastic or multi-layered packaging • Hoses, disposable gloves, wipes, and hairnets
• Plastic cups, lids, utensils, straws, and shrink/cling wrap • Shoes, clothing, toys, and accessories that can’t be sold or donated • Wrapping and gift tissue paper
• Palm fronds, cacti, yucca, and succulents
• Kitty litter, bagged pet waste, and diaper
Following three consecutive instances of contamination, Waste Resources may charge a contamination fee, at the approved rate, for each occurrence of contamination that is observed and documented by our team. Please visit our website, wasteresources.com/hg for expanded service information, FAQs, and links to other resources.
Sincerely,
WR Compliance Team
cc: Hawaiian Gardens Public Works
Attachments: Photos, What Goes Where
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City of Hawaiian Gardens Work Plan
Waste Resources Hawaiian Gardens
January 2024
Appendix E
Letter to Non-Compliant Accounts
Draft for 2024 distribution
To: Hawaiian Gardens Customer
Subject: Information About Your Services
Dear Customer:
On behalf of the entire Waste Resources (WR) team, thank you for your business. WR has been serving the City of Hawaiian Gardens since 2019 and we look forward to providing you with great service that turns Today’s Waste into Tomorrow’s Resource.
Since 2022, your collection program is a mandatory 3-container system:
BLUE-lid for dry recyclables (bottles, cans, printer paper, and cardboard); GREEN-lid for mixed organics (greenwaste, food scraps, and food-soiled paper); and BLACK-lid for trash (non-organic and non-recyclable items).
If required to comply, you will receive a blue and/or green container by [date] since your account is currently not in compliance. Services begin [day of week, date], and your invoice will reflect the corresponding service rate(s). These mandatory services are required by State and local law to increase waste diversion and reduce landfill waste and greenhouse gas emissions. Please follow recycling procedures and sort materials properly. Non-compliance may result in additional fees.
Some customers may be exempt from State and City recycling or organics collection service requirements. Allowable exemptions include lack of space, a business generates minimal amounts of recyclable or organic material, or selfhauls material to a recycling center. To request an exemption, please complete the enclosed waiver form and send to [email protected], including all required documentation. One of our recycling coordinators will contact you to review and determine if your account may qualify for an exemption. The City will make the final determination.
Other services available to our customers include:
Bulky Item and E-Waste Pickup (Free [5x/yr] for multi-family properties; small fee for businesses); Locking lids to secure your recyclables and keep out scavengers; Holiday tree recycling (for 4 weeks starting December 26 for multi-family properties); Graffiti removal and bin cleaning;
On-site evaluation to help you determine the most cost-effective program for your location; and Extra pickups to handle infrequent surges to prevent overflow.
Our customer service team is available Mon-Fri 7am-5pm and Sat 8am-12pm to answer any questions you may have about your services by phone (888-467-7600) or email ([email protected]).
Please visit our website, wasteresources.com for expanded service information, FAQ’s, and links to other resources. “Like” us on Facebook and “Follow” us on Twitter and Instagram to keep up to date on holiday closures and events that promote recycling and waste minimization.
Thank you for your cooperation and participation in this mandatory program.
Enclosure
A: Cliente de Hawaiian Gardens
Sujeto: Información Sobre Sus Servicios
Estimado(a) Cliente:
En nombre de todo el equipo de Waste Resources (WR), gracias por su negocio. WR ha servido la ciudad de Hawaiian Gardens desde 2019 y esperamos brindarle un servicio excelente que convierte los Desechos de Hoy en Los Recursos del Mañana.
Desde 2022, su programa de recolección es un sistema obligatorio de 3 contenedores:
Tapa AZUL para reciclables secos (botellas, latas, papel de imprimir, y cartón); Tapa VERDE para compuestos orgánicos mixtos (residuos verdes, restos de comida y papel sucio con comida); y Tapa NEGRA para basura (artículos no orgánicos y no reciclables).
Si se requiere cumplir, recibirá un contenedor azul y/o verdee antes del [fecha], ya que su cuenta actualmente no cumple.
Los servicios comienzan el [día, fecha], y su factura reflejará la tarifa de servicio correspondiente. Estos servicios obligatorios son requeridos por las leyes estatales y locales para aumentar la desviación de desechos y reducir los desechos de los vertederos y las emisiones de gases de efecto invernadero. Siga los procedimientos de reciclaje y clasifique los materiales correctamente. El incumplimiento puede resultar en cargos adicionales.
Algunos clientes pueden estar exentos de los requisitos del servicio de recolección de productos orgánicos o reciclaje estatales y municipales. Las exenciones permitidas incluyen falta de espacio, una empresa genera cantidades mínimas de material reciclable u orgánico, o autotransporta material a un centro de reciclaje. Para solicitar una exención, complete el formulario de exención adjunto y envíelo a [email protected], incluida toda la documentación requerida.
Uno de nuestros coordinadores de reciclaje se comunicará con usted para revisar y determinar si su cuenta puede calificar para una exención. La Ciudad tomará la decisión final.
Otros servicios disponibles para nuestros clientes incluyen:
Recolección de artículos voluminosos y desechos electrónicos (gratis (5 veces al año) para propiedades multifamiliares; pequeña tarifa para empresas);
Tapas con seguro para asegurar sus materiales reciclables y mantener alejados a los carroñeros; Reciclaje de árboles navideños (durante 4 semanas a partir del 26 de diciembre para propiedades multifamiliares); Eliminación de grafitis y limpieza de contenedores;
Evaluación de reciclaje en su sitio para ayudarlo a determinar el programa más rentable para su ubicación; y Recolecciones adicionales para manejar sobretensiones poco frecuentes para evitar desbordamientos.
Nuestro equipo de servicio al cliente está disponible de lunes a viernes de 7am-5pm y sábados 8am-12pm para responder a cualquier pregunta que pueda tener sobre sus servicios por teléfono (888-467-7600) o correo electrónico ([email protected]).
Visite nuestro sitio web, wasteresources.com, para obtener información ampliada sobre el servicio, preguntas frecuentes y enlaces a otros recursos. Haga clic en "Me gusta" en Facebook y "Síganos" en Twitter e Instagram para mantenerse actualizado sobre los cierres de vacaciones y eventos que promueven el reciclaje y la minimización de desechos.
Gracias por su cooperación y participación en este programa obligatorio.
Documentos Adjunto
EXCLUSIVE SOLID WASTE SERVICES
FRANCHISE AGREEMENT
BETWEEN THE
CITY OF HAWAIIAN GARDENS
AND
COMMERCIAL WASTE SERVICES, INC.
DATED July 1 , 2018
Attachment C
TABLE OF CONTENTS
ARTICLE 1: DEFINITIONS 11
1.1 AB939 11
1.2 AB 939 Program Payment 11
1.3 Agreed Upon Procedure 11
1.4 Agreement 11
1.5 Bin 11
1.6 Bulky Waste 12
1.7 Duty 12
1.8 Breach of Duty 12
1.9 Cart 12
1.10 Chief Administrative Officer 12
1.11 City 12
1.12 City Facility 12
1.13 Commercial and Industrial Units 13
1.14 Compensation Schedule 13
1.15 Company 13
1.16 Contract Year 13
1.17 Contract Term 13
1.18 Contractor 13
1.19 Contractor's Proposal 13
1.20 Construction and Demolition Debris (C&D) 14
1.21 County 14
1.22 Curbside Recycling Fee 14
1.23 CPI 14
1.24 Day 14
1.25 Disposal Fee 14
June 27, 2018 - I - City of Hawaiian Gardens: Final Franchise Agreement \-... . ..-' \._,.
1.26 Disposal Site 15
1.27 Diversion 15
1.28 Effective Date 15
1.29 Facility 15
1.30 Franchisee 15
1.31 Franchise Documents 15
1.32 Franchise Start Date 15
1.33 Franchise Term 15
1.34 Franchise Fee 16
1.35 Green Waste 16
1.36 Gross Receipts 16
1.37 Hazardous Waste 16
1.38 Holiday 17
1.39 Household Hazardous Waste or HHW 17
1.40 Household Waste 18
1.41 Infectious Waste 18
1.42 Materials Recovery Facility 18
1.43 Material Breach 18
1.44 Maximum Rate Schedule 18
1.45 Multi-Family 19
1.46 Oil Waste 19
1.47 Owner 19
1.48 Premises 19
1.49 Performance Bond 19
1.50 Proposition 218 19
1.51 Rate Increase 20
1.52 Recyclable Container 20
1.53 Recyclable Material 20
June 27, 2018 - 2 - City of Hawaiian Gardens: Final Franchise Agreement \-/
1.54 Recycling/Recycle 20
1.55 Refuse 20
1.56 Residential Unit 20
1.57 Solid Waste 20
1.58 Single-Family 21
1.59 Source Reduction 21
1.60 Source Separated 21
1.61 Term 21
1.62 Tipping Fee 21
1.63 Transformation 21
1.64 Waste Diversion or Diversion 21
1.65 Waste Generator 22
1.66 Work Plan 22
ARTICLE 2: GRANTS AND ACCEPTANCE OF FRANCHISE 22
2.1 Documents 22
2.2 Enforcement of Exclusivity 22
2.3 Effective Date 23
2.4 Execution Date 23
2.5 Franchise Term 23
2.6 Option to Extend 23
2.7 Grant of Franchise 23
2.8 Duty 23
2.9 Breach of Duty 24
2.10 Annexations 24
2.11 Scope of Franchise; Mandatory Service and Exclusions 24
2.12 City's Right to Direct Charges 25
2.13 Representations and Warranties of Franchisee 26
June 27, 2018 - 3 - City of Hawaiian Gardens: Final Franchise Agreement ARTICLE 3: ADMINISTRATIVE, FRANCHISE & FEES
3.1 Franchise Fee
3.2 Annual Program Payments
3.3 Current Fees, Bond(s), Payments - Due upon Contract Execution
3.4 Future Fees
ARTICLE 4: SOLID WASTE COLLECTION SERVICE OPERATING REQUIREMENTS
4.1 General Standards
4.2 Collection Routes.
4.3 Compliance with Transition Plan and Services
4.4 Standards of Performance
4.5 Residential Collections
4.6 Valet Service
4.7 Low-Income Senior Citizen Discount
4.8 Organics and Food Waste Recycling (Optional)
4.9 Collection of Bulky Waste
4.10 Christmas Tree Pickup
4.11 Mulch Give-A-Way
4.12 Public Outreach Programs
4.13 Commercial and Industrial Collections
4.14 Temporary Bin and Roll-Off Services
4.15 Free Service to City Facilities
4.16 Development Review
4.17 Good Corporate Citizenship
4.18 Citizen Complaints
4.19 Collection Route Audits
4.20 Curbside Recycling Audits
4.21 "On-Call" Equipment and Personnel
27 27
27 27
28 28
28 29
29 29
30 31
31 31
32 33
33 33
35 36
36 37
37 37
38 38
39 June 27, 2018 - 4 - City of Hawaiian Gardens: Final Franchise Agreement
4.22 4.23
Emergency Services
Hours of Operation
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ARTICLE 5: WASTE DIVERSION
5.1 Solid Waste Diversion
5.2 Construction and Demolition Waste Diversion
5.3 Waste-to-Energy Diversion
5.4 SHARPS Diversion
5.5 Maintenance of City AB 939 Programs
5.6 Franchisee Waste Diversion Responsibilities
5. 7 Implementation of Strategies and Penalties
5.8 Waste Diversion and Disposal Reporting Requirements
5.9 Failure to Meet Diversion Requirement
5.10 Recycling Program
ARTICLE 6: VEHICLES, EQUIPMENT AND PERSONNEL
6.1 Vehicles
6.2 Vehicle Maintenance and Appearance
6.3 Inspections
6.4 Personnel
ARTICLE 7: FRANCHISEE'S COMPENSATION
7.1 · Maximum Rate Schedule
7.2 Rate Composition
7.3 Adjustments to Maximum Rate Schedule
7.4 Proposition 218 Process for Adjustments to Maximum Rate Schedule
7.5 Billing
7.6 Delinquent Accounts
7.7 No Waiver of City Remedies to Address Public Nuisance 39 39
39 39
40 40
40 40
41 41
41 43
43 44
44 46
47 48
49 49
49 49
50 52
52 52
ARTICLE 8: ACCOUNTING AND RECORDS 53
June 27, 2018 - 5 - City of Hawaiian Gardens: Final Franchise Agreement
8.1 Financial Statements
8.2 Inspection and Retention of Franchisee's Accounts and Records
8.3 Cost of Agreed Upon Procedures
8.4 Audit Findings: Payments and Refunds
ARTICLE 9: ENFORCEMENT OF AGREEMENT
9.1 City Right to Terminate
9.2 Rights of Non-Defaulting Party after Default
9.3 Notice of Default and Opportunity to Cure
9.4 Penalty for Monetary Default
9.5 Non-Monetary Defaults; Longer Cure Period
9.6 Franchisee Hearing Opportunity Prior to Termination
9.7 City's Right to Perform Service
9.8 City's Right to Lease Franchisee's Equipment Following Termination
9.9 Cooperation Following Termination
9.10 Duration of City's Possession
9.11 Forfeiture of Performance Bond.
9.12.3 Nuisance Conditions
9.12 No Waiver of City's Police Powers or Legal Rights
ARTICLE 10: TRANSFERS OF INTEREST
10.1 Restrictions on Transfers
10.2 10.3
Definition of Transfer
Heirs and Successors
ARTICLE 11: INSURANCE, INDEMNITY AND PERFORMANCE BOND
11.1 11.2
11.3 11.4
Insurance
Indemnification
Performance Bond
AB 939 Guarantee and Indemnification
53 53
53 54
54 54
55 55
55 56
56 57
58 58
58 58
59 61
61 61
61 62
62 62
64 65
65 June 27, 2018 - 6 - City of Hawaiian Gardens: Final Franchise Agreement \,_ __ \___
11.5 AB 939 Education 66
ARTICLE 12: GENERAL PROVISIONS 66
12.1 Late Payment Fee 66
12.2 Rate Composition 66
12.3 Force Majeure 67
12.4 Notices 67
12.5 Non-discrimination 68
12.6 Compliance with Immigration Laws 68
12.7 No Liability of City Officials 68
12.8 Laws and Regulations 68
12.9 Proprietary Information: Public Records 68
12.10 Waiver of Existing Claims 69
12.11 Waiver of Future Claims 69
12.12 Conflict of Interest 69
12.13 Interpretation 70
12.14 Amendment: No Oral Amendments 70
12.15 Severability 70
12.16 Attorneys' Fees 70
12.17 No Joint Venture 70
12.18 Rights and Remedies are Cumulative 71
12.19 Governing Law 71
12.20 Jurisdiction and Venue 71
12.21 Legal Action 71
12.22 Entire Agreement 71
12.23 Heirs and Successors 71
June 27, 2018 - 7 - City of Hawaiian Gardens: Final Franchise Agreement ATTACHMENT A: HAWAIIAN GARDENS: CITY BOUNDARIES 74
ATTACHMENT B- 1 THROUGH ATTACHMENT B-4: MAXIMUM PERMITTED RATE SCHEDULE 75 RESIDENTIAL, COMMERCIAL, MULTI-FAMILY, TEMPORARY 75
ATTACHMENT C: SPECIAL CITY EVENTS/CITY FACILITIES 76
ATTACHMENT D: GOOD CORPORATE CITIZEN STATEMENT 77
ATTACHMENT E: CONTRACTOR SUBMITTALS 78
ATTACHMENT F: 79
"SECTION 6 - WORK PLAN AND METHODOLOGY, SECTION 11 - IMPLEMENTATION PLAN, AND SECTION 18 - PROPOSED ENHANCEMENTS" 79
June 27, 2018 - 8 - City of Hawaiian Gardens: Final Franchise Agreement
EXCLUSIVE FRANCHISE AGREEMENT
FOR COMPREHENSIVE SOLID WASTE SERVICES
THIS AGREEMENT is made and entered into effective the 1st day of July 2018, by and between the CITY OF HAWAIIAN GARDENS, a municipal corporation, hereinafter referred to as City, and COMMERCIAL WASTE SERVICES, INC., a California Corporation hereinafter referred to as Franchisee. City and Franchisee agree each with the other, that a period of seven (7) years from and after July 1, 2018, is the established term of this Agreement. Franchisee shall have sole right to collect, haul, and dispose of all solid waste and conduct a comprehensive recycling program in the City through June 30, 2025, in accordance with the following terms and conditions. This exclusive franchise may be extended for up to three additional one (1) year terms at the mutual consent of the City and the Franchisee.
RECITALS
WHEREAS, Article XI,§ 7 of the California Constitution authorizes cities to protect public health and safety by taking measures in furtherance of their authority over police and sanitary matters; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a Solid Waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for Solid Waste attributed to sources within their respective jurisdictions; and
WHEREAS, California Public Resources Code § 40059 provides that aspects of Solid Waste handling oflocal concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency; and
WHEREAS, City is obligated to protect the public health and safety of the residents and businesses in the City, and arrangements made by solid waste enterprises and recyclers for the collection of Residential and commercial Solid Wastes should be made in a maimer consistent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, City and Franchisee are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of Residential and commercial Solid Waste, including AB 939, the Res·ource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et. seq.; the Electronic Waste Recycling Act of2003 (SB 20, Chapter 526, Statutes of 2003; SB 50, Chapter 863, Statutes of 2004; AB 575 Chapter 59, Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium June 27, 2018 - 9 - City of Hawaiian Gardens: Final Franchise Agreement vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries, alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thennometers, mercury-containing switches; and WHEREAS, City and Franchisee desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is the Franchisee, an independent entity, not City, which will arrange to collect Solid Waste from single family dwellings, multiple family dwellings, City and Commercial Customers in the City, transport for recycling and disposal and dispose of Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Green Waste and collect and recycle Recyclable Materials from single family dwellings, multiple family dwellings, City, and commercial customers in the City of Hawaiian Gardens, and collect and recycle or dispose of Construction and Demolition Materials ("C&D Materials"); and · WHEREAS, City and Franchisee agree that, subject to City's exercise of its reserved flow control right under of this Agreement, the Franchisee will only utilize landfill or transformation facility destinations for the non-recyclable residential and commercial Solid Waste and Construction and Demolition Materials, which Franchisee will arrange to collect, that City's Chief Administrative Officer has approved in writing; the Franchisee is free at all times to petition the City for the inclusion or addition of any lawfully permitted facility and nothing in this Agreement or other action of the City shall be construed to give rise to any inference that the City has any title, ownership or right of possession of such Solid Waste; and WHEREAS, Franchisee represents and warrants to City that Franchisee has the experience and qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting requirements to CalRecycle and any other State, County, or additional agencies with jurisdiction over the portion of the City's waste stream that is collected by the Franchisee, and that Franchisee shall submit any such data required by the City to meet its reporting obligations in a format approved by the City; and WHEREAS, Franchisee represents that it employs qualified persons responsible for the day-today collection, safe transportation, and disposal of Solid Wastes and that such persons will operate equipment and otherwise conduct all activities in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Franchisee has the ability to indemnify City in accordance with this Agreement; and
WHEREAS, the City Council finds and determines pursuant to California Public Resources Code § 40059(a)(l) that the public interest, health, safety and well-being, including the minimization of adverse impacts on air quality and traffic from excessive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Element, would be served if Franchisee were to be awarded an exclusive Franchise for collection, recycling, diversion and disposal of Solid Waste from Customers in the City, June 27, 2018 - 10 - City of Hawaiian Gardens: Final Franchise Agreement NOW THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, the Parties hereto agree as follows:
ARTICLE 1: DEFINITIONS
Whenever any term used in this Agreement has been defined by the provisions of Chapter 6.12,
6.13, 6.14 and 6.15 of the Municipal Code or by Division 30, Part I of the California Public Resources Code, the definitions in the Municipal Code or the Public Resources Code shall apply unless the term is otherwise defined in this Agreement, in which case this Agreement shall control.
Except as provided in Section 1, words beginning with lower case letters are being used with their common ordinary meanings, not as defined terms. Otherwise, the following capitalized words and terms shall have the following respective meanings:
1.1 AB 939
"AB 939" shall mean the California Integrated Waste Management Act of 1989, Public Resources Code Section 40000 et seq. and regulations promulgated thereunder, as amended from time, to time.
1.2 AB 939 Program Payment
"AB 939 Program Payment" shall mean that annual fee established by the City and collected from the Franchisee to fund the administrative and related costs of the City for compliance with the Waste Diversion mandates of the State.
1.3 Agreed Upon Procedure
"Agreed Upon Procedure" shall mean the procedures and methodology approved by the City's Chief Administrative Officer for review and audit of Franchisee's records in addition to any and all additional documentation or reports that the City may request in connection with this Agreement for the purposes of conducting an audit.
1.4 Agreement
"Agreement" shall mean this Agreement for Provision of Comprehensive Solid Waste Services.
1.5 Bin
"Bin" shall mean any Solid Waste container of a capacity exceeding 100 gallons (i.e., a "dumpster") and provided to customers by Franchisee.
June 27, 2018 - 11 - City of Hawaiian Gardens: Final Franchise Agreement
1.6 Bulky Waste
"Bulky Waste" shall mean any large or small household appliance, electronic waste, universal waste, furniture, tires, carpet, mattress or similar large item discarded as Municipal Solid Waste from a Single-Family Residential Unit or Multi-Family Residential Unit.
1.7 Duty
To the extent that the franchise granted hereby is exclusive, it shall be so only if contractor is and shall be at all times ready, willing and able to perform its obligations under this Agreement, including but not limited to, collecting, transporting, and disposing of all Solid Waste generated within the City in accordance with the provisions of this Agreement and all applicable laws, rules and regulations.
1.8 Breach of Duty
After engaging in the procedures set out in Aliicle 9 herein, if Franchisee, at any point during the term of this Agreement, cannot fulfill one or more of its duties under this Agreement, either partially or wholly, it shall be considered a "Breach of Duty".
Any and all notices related to a Breach of Duty shall be subject to the Notice Requirements of Section 12.4. See Article 9 for enforcement methods, procedures, and penalties.
1.9 Cart
"Cart" shall mean any molded Container provided by Franchisee of a size not to exceed 100 gallons with two or more wheels for easy carting by an individual.
1.10 Chief Administrative Officer
"Chief Administrative Officer" shall mean the Manager of the City or his or her designee(s).
1.11 City
"City" shall mean the City of Hawaiian Gardens, a municipal corporation organized under the laws of the State of California, and all of the tenitory lying within the municipal boundaries of the City as presently existing and, subject to the provisions of Attachment A, all geographic areas which may be added or annexed thereto during the Term of this Agreement.
1.12 City Facility
"City Facility" shall mean any building, park or other site owned, leased or used by the City.
June 27, 2018 - 12 - City of Hawaiian Gardens: Final Franchise Agreement
1.13 Commercial and Industrial Units
"Commercial and Industrial Units" shall mean the Premises of a business that is not a City Facility, Single-Family Residential Unit or Multi-Family Residential Unit.
1.14 Compensation Schedule
"Compensation Schedule" shall mean that set of prices established by the City to compensate the Franchisee for the full costs of the collection, processing, recycling, composting, and/or transformation or landfill disposal of solid wastes, inclusive of all City fees and program costs.
1.15 Company
"Company" shall mean a corporation, entity or partnership organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies and subcontractors.
1.16 Contract Year
"Contract Year" shall mean each annual period starting from the Effective Date and recurringthereafter from the Effective Date's anniversary.
1.17 Contract Term
"Contract Term" shall mean a period of seven (7) years with an effective date of July 1, 2018 and will expire June 30, 2025. This exclusive franchise may be extended for up to three additional one (1) year terms at the sole option of the City.
1.18 Contractor
"Contractor" shall mean Commercial Waste Services, Inc., a corporation organized and operating under the laws of the State of California, and its officers, director, employees, agents, companies and subcontractors, as permitted under the Agreement.
1.19 Contractor's Proposal
"Contractor's Proposal" shall mean the proposal submitted by Contractor to City on, April 23, 2018 in response to a Request for Proposals dated February 26, 2018. Contractor represents and warrants that all representations set forth in Section 6 - "Work Plan and Methodology", Section 11 - "Implementation Plan", and Section 18 - "Proposal Enhancements" of Contractor's Proposal are true and correct. Sections 6, 11 and 18 of Contractor's Proposal are incorporated by reference into this Agreement and become part of this Agreement. Franchisee shall be held to all proposed services, programs, and rates set forth in Contractor's Proposal and shall not be entitled to amend any provision therein without the express written consent of the Public Works Director and the Chief June 27, 2018 - 13 - City of Hawaiian Gardens: Final Franchise Agreement Administrative Officer. Any failure to provide or complete any provision or service of Contractor's Proposal shall be considered a Material Breach and after engaging in the procedures set forth in Article 9 City will be entitled to seek any and all Enforcement actions as identified in this Agreement. To the extent that any portion of this Agreement contradicts Contractor's Proposal, this Agreement supersedes Contractor's Proposal and is the final written expression of the Parties' Agreement.
1.20 Construction and Demolition Debris (C&D)
"Construction and Demolition Material" or "C&D Material," shall mean any combination of 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.
1.21 County
"County" shall mean the County of Los Angeles.
1.22 Curbside Recycling Fee
"Curbside Recycling Fee" shall mean that percentage of shared revenue, gross receipts, or other compensation from the sale, barter, or otherwise obtained by Franchisee due to the Franchisee's status as operator of the City of Hawaiian Gardens curbside recycling program, paid to the City on a schedule established hereto.
1.23 CPI
"CPI" shall mean the Consumer Price Index (CUUR0000SA0LlE) for All Urban Consumers (CPI-U), all items less food and energy index - U.S. city average, not seasonally adjusted.
1.24 Day
"Day" shall mean calendar day, unless otherwise stated in this Agreement.
1.25 Disposal Fee
"Disposal Fee" shall mean those costs imposed at the Disposal Site for the handling or dumping of Solid Waste collected by Franchisee.
June 27, 2018 - 14 - City of Hawaiian Gardens: Final Franchise Agreement
1.26 Disposal Site
"Disposal Site" shall mean a permitted Solid Waste facility, transfer station, Material Recovery Facility or pre-processing facility.
1.27 Diversion
"Diversion" shall mean any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by CalRecycle as Diversion in its determination of the City's Diversion rate and compliance with AB 939. CalRecycle may limit Diversion considered to be achieved through Transformation/waste-to-energy, use of Green Waste as alternative daily cover ("ADC") and other activities.
1.28 Effective Date
The "Effective Date" shall be the Franchise Start Date which will commence at 12:01 a.m. of July I, 2018.
1.29 Facility
"Facility" shall mean any plant or site, owned or leased and maintained, operated or used by Franchisee.
1.30 Franchisee
"Franchisee" shall mean, Commercial Waste Services, Inc., a corporation, entity or partnership organized and operating under the laws of the State of California arid its officers, directors, employees, agents, companies and subcontractors.
1.31 Franchise Documents
"Franchise Documents" shall mean Chapter 6.12, 6.13, 6.14, and 6.15 as the same exists or may be amended in the future of the Municipal Code of the City of Hawaiian Gardens, this Agreement, and any attachments hereto.
1.32 Franchise Start Date
"Franchise Start Date" shall mean the date on which the exclusive franchise granted by the Agreement with the City to commence to start services as identified in this agreement, which date shall be at 12:01 a.m. of July I, 2018.
1.33 Franchise Term
"Franchise Term" shall mean the term of the exclusive franchise granted to Franchisee by this Agreement, which Franchise Term shall commence on the Franchise Start Date (12:01 June 27, 2018 - 15 - City of Hawaiian Gardens: Final Franchise Agreement a.m., July 1, 2018) and continue until 11 :59 p.m., June 30, 2025.
1.34 Franchise Fee
"Franchise Fee" shall mean an amount paid Quarterly to City equal to Ten Percent (10%) of Gross Receipts collected during the preceding Quarter for any franchise service, or related service, provided under this Agreement. This franchise fee is a specific public benefit remitted to the City as part of its consideration for the right granted to provide exclusive Solid Waste Handling Services in recognition of this franchise and is not subject to any percentage reduction or "net-of-fees" computation. "
1.35 Green Waste
"Green Waste" shall mean any and all forms of biodegradable plant material which can be placed in a covered Container, such as wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, pruning(s), brush, and weeds as well as green waste. Tree stumps and limbs greater than three (3) inches in diameter are excluded unless they are reduced to a chipped form; otherwise, such large portions of Green Waste shall be considered Bulky Waste.
1.36 Gross Receipts
"Gross Receipts" shall mean all monies, consideration and revenue received by Franchisee in connection with the services carried out under this Agreement and shall include all Tipping Fees and/or other fees and/or taxes charged to and collected by Franchisee and thereafter passed-on to Franchisee's customers under this Agreement, subject to any requirements of Proposition 218. Copies and/or proof of gross monthly receipts may be requested at the sole discretion of the City with thirty-days' (30) notice. Failure to provide or cooperate with City in providing these documents equates to a Material Breach under this agreement.
1.37 Hazardous Waste
"Hazardous Waste" shall mean 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 (CarpenterPresley-Tanner Hazardous Substance Account Act); (iv) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 25501G) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 June 27, 2018 - 16 - City of Hawaiian Gardens: Final Franchise Agreement (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 a "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. Section 9601, et seq. (42 U.S.C. § 9601); (xiii) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 5101, et seq.; or (xiv) defined as such or regulated by any "Superfund" or "Superlien" 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.
1.38 Holiday
"Holiday" shall mean holidays prescribed by the City of Hawaiian Gardens specific to Franchisee service. These prescribed holidays include: New Year's Day, Labor Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day. All collection activities scheduled during a prescribed Holiday shall be collected on the following nonholiday collection day.
1.38.1 Residential Holiday Exception
Contract effective date is July 1, 2018, however the normal collection date for the residential route is Wednesday, which falls on July 4, 2018, a holiday. City requires that Franchisee provide services as normal on July 4, 2018 even though it is a national holiday.
This is required in order to maintain a smooth transition from previous franchisee to new franchisee. Additionally, all noted holidays that fall on Wednesday for residential collection, except as defined in Section 1.38 "Holiday", shall be collected on Wednesday; there will be no exceptions to this collection schedule unless authorized by Resolution from the City Council. City will not be responsible for any additional costs associated with Franchisee performing services on any aforementioned holiday.
1.39 Household Hazardous Waste or HHW
"Household Hazardous Waste" or "HHW" shall mean that waste resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial June 27, 2018 - 17 - City of Hawaiian Gardens: Final Franchise Agreement known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed.
1.40 Household Waste
"Household Waste" shall mean that waste normally generated by a Single-Family Residential Unit or a Multi-Family Residential Unit.
1.41 Infectious Waste
"Infectious Waste" shall mean waste capable of producing an infection or pertaining to or characterized by the presence of pathogens including, but not limited to, certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs and any waste that includes animal wastes.
1.42 Materials Recovery Facility
"Material Recovery Facility or MRF" shall mean a transfer station which is designed to, and as a condition of its permit, shall, recover for reuse or recycling, at least fifteen percent (15%) of the total volume of material recovered by the facility as set forth in Public Resources Code Section 50000(a)(4).
1.43 Material Breach
A breach is considered "material" under this agreement pursuant to Article 9 of this Agreement, if the following situations occur (this list is not all-inclusive, but shall include):
failure to submit payments on-time and/or in the proper amount, failure to act in good faith, failure to provide adequate service to the City's businesses and/or residents, failure to meet the required diversion amounts, failure to report accurately, failure to cooperate with request for documents, or failure to cooperate with audit procedures. Any fees and/or penalties including but not limited to liquidated damages, shall become due upon notification of Material Breach and after engaging in the procedures set forth in Article 9 of this Agreement. City may charge 1.5% interest per month for each month Franchisee fails to remit payment.
1.44 Maximum Rate Schedule
"Maximum Rate Schedule" shall mean that schedule of rates charged to Residential Units and Commercial and Industrial customers located in the City (and/or annexed property) by Franchisee for Franchisee's waste hauling services, which Maximum Rates are effective as of the Effective Date of this Agreement and attached hereto in "Attachment B". There shall be no rate increase for a period of two (2) years from the effective date of Agreement. Any rate increase requests following this period shall be subject to the Maximum Rates as identified in Attachment B of this agreement.
June 27, 2018 - 18 - City of Hawaiian Gardens: Final Franchise Agreement
1.45 Multi-Family
"Multi-Family" shall mean a development of five (5) or more Residential Units, including a condominium project, duplex, townhouse project, apartment house, or mobile home park, irrespective of whether residence therein is transient, temporary or permanent, such that all Residential Units dispose of Solid Waste and/or Recyclable Materials in a communal Bin(s) at centralized locations.
1.46 Oil Waste
"Oil Waste" shall mean used motor oil and used oil filters.
1.47 Owner
"Owner" shall mean the person, organization or corporation holding the legal title to the real property constituting the Premises to which solid waste management services are provided or required to be provided. For the purposes of provisions in this Agreement pertaining to the sending of notices, billings or other communications by Franchisee to an Owner, Franchisee may regard as the Owner the person, organization, corporation or other entity shown in the records of the Assessor of the County or as may be indicated by documents recorded in the Office of the Recorder of the County.
1.48 Premises
"Premises" shall mean any parcel of land, building(s) and/or structure(s), or portion thereof, in the City where Municipal Solid Waste is produced, generated or accumulated and which is billed as one customer or one Multi-Family complex.
1.49 Performance Bond
"Performance Bond" shall guarantee Franchisee's faithful performance of waste hauling services under the auspices of this Agreement, including without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement. The bond shall be unconditional and remain in full force and affect during the entire term of this Agreement and shall be null and void, if and only if, City in its sole discretion, determines that Franchisee has performed all duties and paid all fees and payments as identified in this agreement. The Performance Bond shall be in the sum of ONE MILLION DOLLARS ($1,000,000.00), in the form provided by the Chief Administrative Officer.
1.50 Proposition 218
"Proposition 218" shall mean Articles XIIIC and XIIID of the California Constitution and any implementing legislation promulgated thereunder, as may be amended from time to time.
June 27, 2018 - 19 - City of Hawaiian Gardens: Final Franchise Agreement
1.51 Rate Increase
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Franchisee shall be entitled to request a rate adjustment annually on the agreement anniversary of July 1 per the requirements of the Maximum Rate Schedule as identified in Attachment B. There shall be no Extraordinary Rate increases during the entire term of this agreement. A rate increase shall be considered "extraordinary" if the request is over the allowable adjustment percentage/formula as stated in Attachment B, and/or is unsubstantiated in any way.
1.52 Recyclable Container
"Recyclable Container" shall mean any Bin or Cart provided by the Franchisee for the collection of Recyclable Materials.
1.53 Recyclable Material
"Recyclable Materials" shall mean any product salvaged or collected for the purpose of reprocessing or remanufactuting including, but not limited to, glass, newsprint, aluminum, cardboard, plastics or metal.
1.54 Recycling/Recycle
"Recycling" shall mean the processing of Recyclable Materials for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products. Recycling does not include use of Solid Waste for conversion to energy.
1.55 Refuse
"Refuse" shall mean putrescible and non-putrescible Solid Waste.
1.56 Residential Unit
"Residential Unit" shall mean any individual dwelling unit used for or designated as a single-family residential as either (i) a Single-Family Unit or (ii) a single unit in a MultiFamily Unit.
1.57 Solid Waste
"Solid Waste" shall mean all solid wastes generated by residential, commercial, and industrial sources, and all solid waste generated at construction and demolition sites, and at treatment works for water and waste water, which are.collected and transp01ied 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 Waste, any waste which is not pennitted 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, · June 27, 2018 - 20 - City of Hawaiian Gardens: Final Franchise Agreement Section 2523(a) of the California Code of Regulations as amended or designated Class II wastes.
1.58 Single-Family
"Single-Family" shall mean Premises used or designated for residential use and consisting of four (4) or fewer Residential Units, such that each Residential Unit receives its own set of Carts and individual curbside collection services therefore.
1.59 Source Reduction
"Source Reduction" shall mean the process of reducing the amount of waste produced by the person or organization generating such waste. Source Reduction occurs through the use of alternative goods and products and/or the reuse of goods and products.
1.60 Source Separated
"Source Separated" shall mean the segregation, by the generator, of materials designated for separate collection for some form of materials recovery or special handling.
1.61 Term
"Term" shall mean the effective period of this Agreement as defined in Section 2.5.
1.62 Tipping Fee
"Tipping Fee" shall mean the common name for and has the same meaning as Disposal Fee.
1.63 Transformation
"Transformation" shall mean incineration, pyrolysis, distillation, gasification, or biological conversion other than composting.
1.64 Waste Diversion or Diversion
"Waste Diversion" or "Diversion" shall mean diversion from Disposal Sites or transformation facilities (including incineration, pyrolysis, distillation, gasification or biological conversion) through source reduction, Recycling and composting, as provided in Section 41780 of the Act, provided that "Divert" or "Diversion" shall include delivery to transfonnation facilities if the overall Diversion achieved by the Town is at a level where delivery to such facilities shall be considered Diversion pursuant to the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq).
June 27, 2018 - 21 - City of Hmvaiian Gardens: Final Franchise Agreement
1.65 Waste Generator
"Waste Generator" shall mean a person as defined by the Public Resources Code, whose act of process produced Solid Waste as defined in the Public Resources Code, or whose act first causes Solid Waste to become subject to regulation.
1.66 Work Plan
"Work Plan" shall mean the Franchisee's prepared proposal pursuant to the Request for Proposals (RFP) and identified as "Attachment G" of this Agreement.
ARTICLE 2: GRANTS AND ACCEPTANCE OF FRANCHISE
2.1 Documents
The Franchise Documents consist of Chapter 6.12 through Chapter 6.15 as the same exists or may be amended in the future of the Municipal Code of the City of Hawaiian Gardens, this Agreement, the request for proposal response of the selected firm awarded the Franchise, and any attachments hereto. All of the provisions of the Franchise Documents are incorporated and made a part of this Agreement as though set forth in full. Nothing shall prevent the City from amending Chapters 6.12-6.15 of the Municipal Code or from adopting such other and further legislation as the City deems necessary or appropriate; provided, however, that the City shall give Franchisee ten (10) days, notice prior to considering any amendment to Chapter 6, if such amendment would affect costs of revenue under this Agreement; provided, however, failure to give such notice shall not invalidate the amendment.
2.2 Enforcement of Exclusivity
Contractor shall be responsible for enforcing the exclusivity of this Agreement ( except as provided in Section 2.11 below). City shall have the right to enforce the exclusivity provisions hereof if, in its absolute and sole discretion, it chooses to do so, but shall have no obligation to do so for the benefit of Contractor or otherwise. City additionally shall have the right, but not the obligation, to request that Contractor enforce the exclusivity provisions hereof. Contractor shall have an affirmative obligation to enforce such exclusivity provisions when requested to do so by City. For example, Contractor may be asked to notify City of inappropriately placed Containers and to place warning tags on such Containers. City may direct Contractor to impound such Containers in accordance with the City's Municipal Code; Contractor may be entitled to charge Container owners Cityapproved fees for such impounding with advance written City approval. If Contractor requests that City take administrative, law enforcement, or other legal action to protect Contractor's exclusive rights, or otherwise enforce the exclusivity of this Agreement (including the adoption of any resolution or ordinance intended to facilitate the enforcement of the exclusive rights granted herein), Contractor shall reimburse City for all administrative, law enforcement, or other legal costs and fees related to any such action.
June 27, 2018 - 22 - City of Hawaiian Gardens: Final Franchise Agreement Contractor's obligation to reimburse City shall not apply to any criminal enforcement by City.
2.3 Effective Date
The term "Effective Date" shall be the agreement start date which will commence on at 12:01 a.m. of July 1, 2018, regardless of the date which the agreement is executed.
2.4 Execution Date
The date of execution is the date at which both parties sign ("execute") the agreement.
2.5 Franchise Term
The term of this Agreement (the "Term") shall commence at 12:01 a.m., July 1, 2018 and shall expire on 11 :59 p.m. June 30, 2025.
2.6 Option to Extend
The City and the Franchisee may mutually consent to extend this Agreement by three (3) additional one-year periods, thus creating a maximum ten-year Term. Franchisee may also make a proposal to the City Council to extend, renew, or enter into a new Agreement six (6) months prior to the end of the Tenn. The City is under no obligation to grant any requested extension or new agreement proposed by the Franchisee. Under no circumstance shall this agreement or any terms contained herein be modified verbally by either party.
2.7 Grant of Franchise
The City grants to Franchisee and Franchisee shall have during the Franchise Term, the exclusive franchise, right, license and privilege ( except as provided in Section 2.11 below) to engage in, the business of collecting and transporting all Solid Waste and Recyclable Materials generated within the City. It is expressly understood that the Solid Waste management business is conducted by Franchisee and not City, and while City grants the right to conduct the business within the terms of this Agreement, the Franchisee must determine what personnel to employ, terms and conditions of employment; what equipment to utilize and at what cost, rates, and charges to establish for customers; and all methods, costs, obligations, and mechanisms to undertake the terms of the franchise.
2.8 Duty
To the extent that the franchise granted hereby is exclusive, it shall be so only if contractor is and shall be at all times ready, willing and able to perform its obligations under this Agreement, including but not limited to, collecting, transporting, and disposing of all Solid Waste generated within the City in accordance with the provisions of this Agreement and all applicable laws, rules and regulations.
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2.9 Breach of Duty
After engaging in the procedures set forth in Article 9 of this Agreement, if Franchisee, at any point during the term of this Agreement, cannot fulfill one or more of its duties under this Agreement, either partially or wholly, shall be considered a "Breach of Duty". Any and all notices of a Breach of Duty shall be subject to the Notice requirements of Section
12.4. See Article 9 for enforcement methods, procedures, and penalties.
2.10 Annexations
This Agreement shall extend to any territory annexed to the City during the Term that is not covered by an existing Solid Waste permit, license, agreement or franchise granted by another public entity shall be added hereto, except to the extent that collection by Franchisee 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 Franchisee to fulfill any requirement necessary for Franchisee to serve the annexed area.
The "Maximum Rate Schedule" in Attachment B, shall be applicable to any annexed territory that Franchisee services during the term of this agreement.
2.11 Scope of Franchise; Mandatory Service and Exclusions The franchise granted to Franchisee shall be exclusive within City limits such that Franchisee shall be the sole provider of general Solid Waste and Recyclable Materials hauling services to City residents and businesses. To this end, at all times during the Term of this Agreement, the City shall require the Owner of each Single-Family Residential Unit, Multi-Family Residential Unit, Commercial Unit, and Industrial Unit where Solid Waste is produced to subscribe to the collection service provided for in this Agreement and in Chapters 6.12-6.15 of the Municipal Code. The hauling services franchise herein granted shall be subject to the following exclusions:
2.11.1 Intergovernmental Immunity
All (i) universities, (ii) school districts, (iii) other state agencies, (iv) any other governmental entity that is not subject to the City's police powers, and (v) the exclusivity provisions of any ordinance to be adopted by the City;
2.11.2 Self-Hauling Exclusions
Self-hauling by City residents, commercial businesses, and contractors within the City who may elect to opt out of the services provided for by the Franchisee include the following:
1. Self-haul materials, which are generated by a residential or commercial entity and delivered by that entity directly to a recycling facility, transfer station, or disposal facility.
June 27, 2018 - 24 - City of Hawaiian Gardens: Final Franchise Agreement
11. Removal of materials from a premise by a contractor as an incidental part of a gardening, landscaping, tree trimming, pruning, cleaning, maintenance, construction, or similar service offered by that contractor rather than as a hauling service, provided that the hauling is performed by the contractor itself and not a subcontracted hauling company.
111. Removal of construction and demolition debris from a construction site by the construction contractor, provided that the hauling is performed by the contractor itself and not a subcontracted hauling company. (Ord. 518 § 1, 2007). 1v. Sale or Gift of Recyclable Materials. This Agreement does not prohibit any person from selling Recyclable Materials or giving Recyclable Materials away to persons or entities other than the Franchisee; however, in either instance: (1) the Recyclable Materials must be segregated from and not mixed with Solid Waste; and (2) the segregated solid waste material cannot have a contamination level of greater than 10%, measured by weight or volume. Specifically, "contamination" would encompass any putrescible or non-putrescible material not specifically targeted for segregation. A discount or reduction in price for collection, disposal and/or recycling services for any form of unsegregated or segregated Solid Waste, regardless of contamination level, is not a sale or donation of Recyclable Materials and such Solid Waste does not qualify for this exception; and v. Other Services; Niche Recycling Services. City reserves the right to enter into agreements with other entities for the collection, recycling, and disposal services not provided for in this Agreement, including but not limited to catch basin cleanouts, household hazardous waste collection, and "niche" recycling services which Contractor does not currently provide; and
v1. Recyclable Materials Drop Off. Recyclable Materials not "discarded" by an Owner of Premises which is disposed of at legally mandated public redemption centers that comply with all reporting and other requirements imposed by any political entity having jurisdiction over those redemption centers; and
vii. Emergency Collections. The casual or emergency collection, removal, disposal or Diversion of Solid Waste by the City through City officers or employees in the normal course of their employment; and
viii. Legally-Required Exemptions. Other collection, removal or disposal activities required to be exempt from mandatory franchise services pursuant to law, or entities exempt from such franchise pursuant to State or Federal law, including but not limited to Non-City governmental entities located within City boundaries.
2.12 City's Right to Direct Charges
2.12.1 General
City may direct Contractor to perform additional services (including new Recycling or other Diversion programs, additional Solid Waste processing, 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 Waste Generators are included among the kinds of changes which City may direct. Contractor acknowledges that State law may increase the Diversion June 27, 2018 - 25 - City of Hawaiian Gardens: Final Franchise Agreement requirement or require new programs during the term of this agreement and Contractor agrees to propose services to meet such new requirements. Contractor shall be entitled to either a rate adjustment or additional Contractor Compensation for providing such additional or modified services, including a pre-tax profit factor equal to ten percent (10%) of the incremental cost of such additional or modified services. If City and Contractor cannot agree on compensation for new or additional services within ninety (90) days from the date City first requests a proposal from Contractor, then City may contract with other parties for such services, which shall be considered exempt from the exclusivity provisions of Section 2.11.
2.12.2 New Diversion Programs
Contractor shall present, within thirty (30) 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
• Processing methods
• Equipment to be utilized (number of vehicles, types, etc.) • 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
• One-year projection of the 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
2.13 Representations and Warranties of Franchisee
2.13.1 Corporate Status
Franchisee, doing business as Commercial Waste Services, Inc., a company duly organized, validly existing and in good standing under the laws of the State of California.
Franchisee is qualified to transact business in the State of California and has the corporate power to own its properties and to carry on its business as now owned and operated and as required by this Agreement.
2.13.2 Corporate Authorization
Franchisee has the authority to enter into and perform its obligations under this Agreement.
The Board of Directors of Franchisee (or the shareholders if necessary) have taken all actions required by law, its articles of incorporation, its bylaws or otherwise, to authorize the execution of this Agreement. The persons signing this Agreement on behalf of Franchisee have authority to do so. Entering into this Agreement does not violate any provision of any other Agreement to which Franchisee is bound.
June 27, 2018 - 26 - City of Hawaiian Gardens: Final Franchise Agreement \ __ ..
2.13.3 Accuracy of Representations
The representations and warranties made by Franchisee in Section 6- "Work Plan and Methodology, Section 11 - "Implementation Plan", and Section 18 - "Proposal Enhancements" are true and correct on and as of the Effective Date of this Agreement.
ARTICLE 3: ADMINISTRATIVE, FRANCHISE & FEES
3.1 Franchise Fee
Franchisee shall pay a quarterly fee to City equal to Ten Percent (10%) of Gross Receipts collected the preceding quarter for any franchise service, or related service, provided under this Agreement. This franchise fee is a specific public benefit remitted to the City in recognition of the granting of this franchise and is not subject to any percentage reduction or "net-of-fees" computation without the express approval of the City Council. Franchise Fee payments are due 30 days after each preceding quarter's end, up to and including the final month of this Agreement. Any under-payment or non-payment of franchise fees is subject to a late payment penalty of 1.5% per month, or any fraction of a month beyond the prescribed due date. This is an agreed upon penalty that is cumulative upon any balances owing or subsequently found as owing through audit or other rrieans. Gross Receipt breakdown shall be submitted with the Quarterly Franchise Fee payment. Failure to timely and accurately pay the Franchise Fee is considered a material breach of this Agreement.
3.2 Annual Program Payments
Contractor shall make the following annual payments to the City on the anniversary date of this Agreement. Failure to make annual payments on the prescribed date is considered a material breach of this Agreement:
1. AB 939 Program Payment: An "AB939 Program Payment" in the amount of twenty thousand dollars $20,000 is to be remitted by the Franchise on an annual basis to reimburse the City for costs related to compliance with State recycling mandates, City staff expense for oversight and review of Contractor recycling activities, and the cost of professional consulting services determined as necessary and/or beneficial by the City.; and
11. Performance Audit Program Payment: An annual payment in the amount of twentyfive thousand dollars $25,000 for a third-paiiy review and audit of contractor performance, record keeping, and fee calculations. Such an audit will verify the accuracy of franchise and curbside recycling fee payments as well as the Contractor's implementation of programs, maintenance of records, and general compliance with the terms of this Agreement.; and
3.3 Current Fees, Bond(s), Payments - Due upon Contract Execution The following actions shall constitute conditions precedent to the effectiveness of this June 27, 2018 - 27 - City of Hmvaiian Gardens: Final Franchise Agreement Agreement:
1. The approval, execution and effectiveness of this Agreement shall have been successfully completed as described in Section 2.3 & 2.4 hereof; and ii. In exchange for a the City granting the franchise pursuant to this Agreement, Franchisee shall pay to City a one-time administrative fee, to be paid within thirty-days (30) of the Agreement Execution Date as described in Section 2.4 hereof, to reimburse the City for all costs related to the preparation of the Request for Proposals that led to the selection of the Franchisee, and the City's legal fees (attorneys' fees and costs) and professional fees (consultant fees and costs), incurred in the negotiation, research and drafting of this Agreement which amount shall be one hundred thousand dollars ($100,000.00). Failure to submit this payment to City within the prescribed time-period equates to a Material Breach, and all provisions of this agreement including the procedures set forth in Article 9 apply.
iii. The Franchisee shall submit a surety Performance Bond of One Million Dollars ($1,000,000.00).
3.4 Future Fees
In the event that City implements a new fee ( or increases an existing fee beyond the amount contemplated under this Agreement) Contractor shall be entitled to a rate adjustment in an amount sufficient to recover the fee from Customers. City may elect to have Contractor pay monthly, or on another schedule as City identifies. City may set deadlines and late fees, and additional fees would be subject to audit. Conditions to Effectiveness of Agreement.
Each payment of the Annual Program Payment(s) and Franchise Fee Payments shall be accompanied by a statement setting forth the Franchisee's computations and the total of fee due. Each statement shall include the following certification executed by an officer of the Franchisee:
"I hereby certify that the.foregoing statement is made by me, that I am authorized to make such statement, and that, to the best of my knowledge and belief, it is true, correct and complete. "
ARTICLE 4: SOLID WASTE COLLECTION SERVICE OPERATING
REQUIREMENTS
4.1 General Standards
The work to be performed pursuant to this Agreement shall include the furnishing of all supervision, labor, materials, equipment, tools, expertise and any other items necessary to perform the services described in this Agreement. All work shall be accomplished in a courteous, thorough and workmanlike manner and adhere to the highest standards consistent with the best practice in the industry.
June 27, 2018 - 28 - City of Hawaiian Gardens: Final Franchise Agreement
4.2 Collection Routes.
The Contractor shall establish and maintain Collection routes in such manner to provide for the uniform and efficient collection of City Solid Waste from all Residential Premises and Commercial Premises on a Monday-through-Saturday basis. Residential Cart Collection routes shall maintain the Collection days in effect immediately prior to the start of service under this Agreement, unless and until City approves a change request. See Attachment A for City map by Residential Cart Collection day. City shall not be obligated to adjust parking restrictions to accommodate Collection routes. The Contractor shall not schedule City Solid Waste collection on Sundays, except as specified in this Agreement or as authorized by the Public Works Director. At all Residential Premises and Commercial Premises which require more than one (1) collection per week, the Contractor shall schedule collections at equally spaced intervals throughout the work week, or as approved by the Public Works Director.
4.3 Compliance with Transition Plan and Services
In performing its obligations under this Agreement, the Contractor shall comply with Sections 6, 11 and 18 of Contractor's Proposal and the Transition Plan contained in Attachment G and shall at all times comply with the service requirements contained in this Agreement. To the extent that any portion of the Transition Plan or this Agreement contradicts Contractor's Proposal, this Agreement supersedes Contractor's Proposal and is the final written expression of the Parties' Agreement Failure to meet any deadlines or requirements in said Sections may result in the imposition of liquidated damages after following the procedures set forth in Article 9 of this Agreement. City represents and warrants that it is not currently aware of any breaches by Contractor of the Transition Plan or Section 6, 11 and 18 of Contractor's Proposal. Any changes to services shall be reflected in a formal amendment to this Agreement. The City shall have the right at any time to direct the Contractor to change, amend, modify or otherwise revise the services; provided, however, that the Contractor shall be entitled to an adjustment in an amount equal to any increased costs resulting from such amendment, modification or revision of the services to the extent provided in Attachment B plus a profit often per cent. The Contractor also may request the City to approve any such revision, which the Contractor may propose. The City's approval of any such request may be withheld or delayed in the City's sole and absolute discretion. Any such revision directed or approved by the City shall be incorporated into this Agreement and shall be evidenced by formal amendment thereto.
Upon such direction or approval by the City, the Contractor shall notify all affected Service Recipients at least fifteen (15) days prior to implementing the revision(s).
4.4 Standards of Performance
4.4.1 Availability of Franchisee
Franchisee has established and shall continue to maintain a local office for the purpose of receiving customer payments and handling customer inquiries, orders and complaints. The "local" office must remain in a location within fifteen (15) miles of the City boundary and June 27, 2018 - 29 - City of Hawaiian Gardens: Final Franchise Agreement having the same telephone area code as that existing in the City. The local office shall be open to the public between the hours of 8:00 a.m. to 5:00 p.m., five (5) days per week, Monday through Friday, including Holidays. A representative of Franchisee shall be available during office hours for communication with the public at such local office.
Additionally, the Franchisee shall continue to employ the services of a telephone answering exchange for calls during non-business hours and provide a telephone system sufficient and adequate to handle calls during peak periods. The Franchisee shall provide the City's Chief Administrative Officer and the City's Police and Fire Departments with any updated emergency telephone numbers. Franchisee shall have a representative or answering service available at said telephone number every day for each 24-hour period, regardless of holidays, except those holidays identified in Section 1.3 8.
4.5 Residential Collections
4.5.1 Residential Cart Services
Collection service for Single-Family Residential Units and Multi-Family Residential Units shall occur once per week ( every Wednesday citywide) on a schedule approved by the Chief Administrative Officer.
Franchisee shall have the option of proposing a new residential collection route/schedule upon approval of Chief Administrative Officer, but shall under no circumstance be allowed to charge more than the "Maximum Rate Schedule" in Attachment B.
4.5.2 Collection Quantities
The basic service level and rates specified in the Compensation Schedule shall be the default collection quantity. For single-family residential customers, and multi-family customers as designated by the City, that is the designated 96-gallon refuse, 96-gallon recycling, and 64-gallon green waste carts listed therein. For multi-family, commercial, and industrial customers that is a one (1) to six (6) cubic-yard bin. Collection of lesser or additional collection quantities, including the use of alternatively sized containers shall be the right of the Franchisee's customers, provided the container size is listed in the Compensation Schedule and ascribed a specific franchise rate, and that any lesser service collection quantity is reasonably compatible with the customer's waste generation quantities. The City shall be the ultimate arbiter of collection quantity disputes between the Franchisee and its customers.
4.5.3 Containers
1. Multi-Family Containers & Collections. Multi-Family complexes utilize one or more Franchisee Provided Container(s) (generally at least one Bin for Solid Waste) located at a central on-site location and shared by multiple Residential Units. The location of Containers and the location for automated collection therefrom in MultiFamily complexes shall be mutually-agreed as between the Multi-Family site management and Franchisee, excepting that any storage or placement of MultiJune 27, 2018 - 30 - City of Hawaiian Gardens: Final Franchise Agreement Family Containers in public streets or rights-of-way shall be subject to the prior written approval of the City.
Multi-Family complexes consisting of five (5) units or more are by mandate, required to recycle pursuant to AB 341 "Mandatory Commercial Recycling".
Franchisee shall process all Multi-Family Bin Waste at a fully permitted Materials Recovery Facility (MRF) and shall divert a minimum of fifty-percent (50%) of the collected waste.
11. Residential Containers & Collections. Automated collections for residential units (i.e., stand-alone Single-Family Units or Multi-Family units designated by City as eligible for cart services) shall be made from the curbside or from alleyways adjacent to the Residential Unit. Residents may elect to place Containers at an alternate collection location, if approved by Franchisee, provided that the placement and retrieval of containers complies with the requirements of the Municipal Code. Each Single-Family unit shall receive from Franchisee, at a minimum, one Solid Waste Cart, one Recyclable Cart, and one Green Waste Cart, pursuant this document.
111. Charges for Franchisee-Provided Containers. The cost to customers for each Franchisee Provided Container (Carts, Bins or Recycle Containers) is built-in to the Maximum Services Rates attached hereto in Attachment B.
4.6 Valet Service
Residents physically unable to roll their automated Carts to and from the point of collection may request valet service. Contractor will be required to remove the Carts from the backyard or other location(s) of Cart storage, to the curb for collection, and return said Caris to their original storage locations by 6:00 p.m. the same day of service at no additional cost.
An annual verification process will be initiated, providing evidence of physical disabilities.
City and Contractor will utilize the California Department of Motor Vehicles handicap license as evidence of physical disability. If customer does not possess a driver's license, then City and Contractor shall determine another course of verification.
4.7 Low-Income Senior Citizen Discount
Franchisee shall offer a low-income senior discount available to qualifying customers age 65 and older who also qualify for Edison's low-income discount (Care Program).
Customers will have to show their qualifying utility bill or related information. The discount will be available only for automated residential Cart customers and will be 10% off the standard service rate attached hereto in Exhibit "B". Low-Income Senior service level shall be 64-gallon residue Cart, 64-gallon Recycling Cart and a 64-gallon Green Waste Cart.
4.8 Organics and Food Waste Recycling (Optional)
Franchises shall provide an Organics program to all Multi-Family units that are required to June 27, 2018 - 31 - City of Hawaiian Gardens: Final Franchise Agreement have a program based on AB 1826.
Franchisee shall provide an optional program and pricing for implementing a Residential "Program" that includes Food Waste recycling pursuant to the recycling requirements of SB 13 83 (2016). This proposal and implementation of this Program shall not be required until the first anniversary of the effective date of this agreement.
4.9 Collection of Bulky Waste
4.9.1 Residential Bulky Waste
Franchisee shall provide Bulky Waste collection to both single and multi-family residential customers, at no additional charge, on a five (5) time per year basis. Bulky Waste as defined by the City shall include electronic and universal waste items. A Customer shall have the right to five (5) Bulky Items pickups per year, with up to six (6) items per pickup. Such pickups shall take place on the regularly scheduled collection day of resident so as reduce resident confusion. Franchisee will establish the bulky waste collection schedule with the Chief Administrative Officer prior to each contract year. Franchisee will include this schedule of bulky waste collection in their residential customer billings and bi-annual newsletter.
4.9.2 Abandoned Bulky Waste Collections
Franchisee shall collect and remove at no charge any abandoned bulky waste items dropped in City public right-of-way areas, at City parks, and other public locations. Collection shall be made within 24 hours of notice by the City or a customer of the Franchisee. City expects that the Franchisee will provide a suitable collection vehicle and have such vehicle available to perform needed collections for up to three hours per day, Monday through Friday, between 7:00 a.m. and 4:00 p.m., with no service on holidays.
4.9.3 Additional Bulky Items Service
Should a residential customer require additional bulky item collection service in excess of the five bulky item collections per year or items in excess of six (6) items per pick-up, customer shall be charged a fee for such service per the Maximum Customer Rates (Attachment B).
4.9.4 Bulky Item Reporting
Franchisee shall submit a weekly report to the City identifying the following:
• Account Number
• Customer Name
• Date of Request
• Date of Service
• Service Address
• Service Description
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4.10 Christmas Tree Pickup
Franchisee agrees to collect Christmas trees at no additional charge to residents for a four (4) week period beginning December 26th of the applicable calendar year.
4.11 Mulch Give-A-Way
Franchisee shall not be required to conduct this program during the first year of service.
However, Franchisee shall be required to conduct no less than two (2) mulch give-a-way opportunities per calendar year beginning on the first anniversary of the effective date of Franchise agreement for city residents and no additional cost. Commercial entities and landscape firms are not subject to this program no cost program.
4.12 Public Outreach Programs
Franchisee shall implement a City-approved Multi-Lingual (English/Spanish/Korean) format: public outreach to coincide with the start of Residential collection services. This public outreach must clearly establish the billing procedures, explain the billing format, clearly describe the customer's responsibilities, and provide a customer service number for the Franchisee. In addition, Franchisee shall establish and maintain the following public educational programs and efforts in Multi-Lingual (English/Spanish/Korean). i. Initial Mailing: At least fifteen (15) days prior to the start of franchise services and collection under this agreement, Franchisee shall prepare and mail to each service recipient an initial mailing explaining the transition from the existing service program to the new program as defined in this Agreement. The initial mailing shall describe changes, route changes (if any), schedule of important program dates, Recycling programs, and other peiiinent information.
ii. Instructional "How-to" Packet: Franchisee shall prepare a "How-to" An infonnation packet shall be provided to each Customer at the staii of service under this Agreement and to each new Customer throughout the Agreement term. This packet shall: describe available services (including available Recycling and Diversion programs and their benefits); provide instructions for proper use of the Carts and Bins provided (such as how to place Carts or other permitted items for Collection and the types of materials to be placed in each Cart); detail holiday Collection schedules; and provide Billing and Customer service telephone numbers. This packet will contain updated information on how to use Containers, when, where and how to place Solid Waste for Collection, and whom to contact with service or Billing questions, and for Bulky Item pickups. The packet should also clearly indicate what materials, such as syringes and other HHW, should not be disposed of in these Containers.
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a. Additionally, beginning on the first anniversary of the effective date of Agreement, Franchisee shall be required to send another brochure including all information as required above, as well as instructions on how Customers should dispose of HHW and Sharps, such as information on the HHW dropJune 27, 2018 - 33 - City of Hawaiian Gardens: Final Franchise Agreement off facilities, Sharps program, and other available programs that are not currently considered "core" services. "Core" services shall include all programs identified in this agreement unless otherwise identified as having a start date beginning on the anniversary of the effective date of the Agreement.
iii. City-Wide Newsletter: Franchisee shall prepare a semi-annual newsletter to be distributed to all single-family, multi-family, and commercial customers in the City. The City-wide newsletter shall be mailed to Franchisee's customers within two months of the anniversary date of this Agreement, and approximately six months thereafter, and shall be subject the review and approval by the City prior to each distribution. The newsletter shall discuss various important topics in waste management, including but not limited to local recycling programs, source reduction opportunities, and important developments in waste management practices that are pertinent to City residents.
1v. Franchisee Website: Franchisee shall develop and maintain an up-to-date website about Franchisee, its services, the parameters of any recycling or source reduction programs administered by Franchisee, and a description of any methods by which customers can contribute to higher levels of recycling and source reduction. v. Bulky Waste Program: Franchisee shall implement that Bulky Waste outreach programs described in Section 4.9 hereof.
v1. Waste Diversion Outreach: Franchisee shall implement those educational efforts regarding Waste Diversion and strategies therefore as described in Section 5, Waste Diversion, hereof.
v11. Billing Changes: Franchisee will implement billing services. Franchisee shall provide/mail all customers a notification within thirty (30) days of the start of the franchise Agreement, infonning each customer the billing schedule and payment procedures. The notices shall be reviewed and approved by the City. v111. Oil Waste: Franchisee shall include public outreach efforts regarding Oil Waste in the semi-annual newsletter.
1x. Billing Inserts: Franchisee shall include any City requested billing insert, at no cost to the City or any customer of the Franchisee, for the term of this Agreement, provided said insert does not increase the Franchisee's cost of postage. x. Corrective Action "Red-Tag" Notice: Contractor shall develop a corrective action notification form, or ''Red-Tag" notice, for use in instances where a Customer sets out inappropriate materials for Collection, that explains the appropriate manner for Disposal of such items
4.12.1 Collection Schedule
• Notice of Residential Collection Schedule: Once annually, Franchisee shall provide written route schedules and maps of the routes to the City's Chief Administrative Officer.
• Changes in Residential Collection Schedule: Any changes in the route schedule shall require the prior written approval of the Chief Administrative Office. City may require changes in the route schedule for, among other things, to improve service or resolve· June 27, 2018 - 34 - City of Hawaiian Gardens: Final Franchise Agreement complaints. Prior to the change of a route schedule, Franchisee shall provide written notice of the change to affected customers thirty (30) days in advance.
4.13 Commercial and Industrial Collections
Contractor shall collect and remove all refuse that is placed in bins at least once per week.
Contractor shall provide 1, 2, 3, 6, 30 and 40 cubic yard bins, depending upon each customer's individual needs. Contractor will also service bins equipped with compaction devices or "compactors" that facilitate those few customers that require large self-enclosed roll-off serviced compactor. Contractor shall process all solid waste collected compactor and roll-off boxes for optimum recovery of recyclable materials prior to landfilling.
Contractor shall provide clean freshly painted Bins and Roll-off Boxes, free from graffiti, equipped with reflectors, and shall have the name and phone number of Contractor in letters not less than three (3) inches high on the exterior of each Bin and/or Box so as to be visible when the Container is placed for use. All Bins and Boxes must be kept graffiti free at all times. Within four ( 4) hours of visible or informed sighting, Contractor shall touch-up or replace any bin or box tagged with graffiti. ·
4.13.1 Frequency of Commercial and Industrial Service
Commercial and Industrial Units shall be provided with a minimum one-time weekly collection.
4.13.2 Commercial and Industrial Collection Locations
Unless expressly instructed by the City, Franchisee shall provide Franchisee Provided Containers only to those Commercial or Industrial Units that provide an appropriate location for such container in accordance with the Municipal Code.
4.13.3 Commercial Recycling
Pursuant to AB 341, Mandatory Commercial Recycling, contractor will offer both singlestream and comingled source separated recycling opportunities to all commercial customers. Any commercial customer wishing to implement an on-site recycling program will be provided the opportunity to add commercial bin or Cart recycling to their service.
Customer may be charged a fee for such service per the Maximum Customer Rates (Attachment B). Proposer shall include a complete narrative of their proposed conunercial recycling program in the Work Plan section of their proposal.
4.13.4 Commercial Organics Recycling
Pursuant to AB 1826, Mandatory Organics Recycling, contractor shall provide organics recycling to all commercial customers. Organics recycling, as defined by AB 1826, includes food waste, wood waste, green waste and food soiled paper. Proposer shall include June 27, 2018 - 35 - City of Hawaiian Gardens: Final Franchise Agreement "'--··
a complete narrative of their proposed Organics Recycling Program in the Work Plan section of their proposal.
4.13.5 Commercial AB 341 and AB 1826 MRF Processing
Commercial properties, meeting the thresholds determined by CalRecycle for Mandatory Recycling, selecting not to implement an on-site AB 314 Mandatory Commercial Program Recycling or an AB 1826 Mandatory Organics Recycling Program, shall have all residue materials processed at a Materials Recovery Facility (MRF). Franchisee shall recover and recycle at least 50% of the collected waste.
Those customers that implement AB 341 and/or AB 1826 recycling through a third-party recycler, must provide evidence to the Contractor and City that their respective program meets the requirements of CalRecycle requirements. Pricing, for the purpose of meeting AB 341 and/or AB 1826 requirements for customers refusing to implement said program, shall be charged a MRF processing and recovery fee pursuant to the Maximum Customer Rates (Attachment B).
4.14 Temporary Bin and Roll-Off Services
Temporary Bin service and temporary Cart services (i.e., a Container delivered to a residential, commercial, or industrial site for the collection and removal of Solid Waste or debris) shall be provided at the frequency and location desired by the customer in accordance with the requirements of the Municipal Code.
4.14.1 Temporary Bin and Roll-Off MRF Processing
Contractor shall provide exclusive permanent and temporary Bin and Roll-off Box Collection service upon request. Contractor shall process all Solid Waste Collected in Bins and Roll-Off Boxes to recover Recyclable Materials prior to landfilling. Contractor will provide standard 3, 10, 20, 30 and 40-cubic-yard standard Bins and Roll-off Boxes. The provision of compactor Roll-off Boxes, which are enclosed Containers attached to a compaction device, is not included in this Agreement. Providing Collection services for such compactor Roll-off Boxes is included. Roll-off Box service shall be billed at a rate inclusive of service and disposal or processing of up to seven (7) tons for standard Roll-off Boxes, up to nine (9) tons for compactor Roll-off Boxes, and up to ten (10) tons for clean dirt Roll-off Boxes. Tonnage above included tons shall be billed at the approved per ton rate based upon actual additional tonnage or fraction thereof. All Bins and Boxes must be kept graffiti free at all times. Within four ( 4) hours of visible or inf01med sighting, Contractor shall touch-up or replace any bin or box tagged with graffiti.
4.15 Free Service to City Facilities
The Franchisee shall collect not less than once per week, at no cost to the City, all Solid Waste, Green Waste and Construction and Demolition Debris from all City Facilities and City-owned public trash receptacles and recycling containers. A listing of such City June 27, 2018 - 36 - City of Hawaiian Gardens: Final Franchise Agreement \_._ ..
Facilities and their reasonably expected service levels are included in Attachment "D" of this Agreement. Any additional events or service requirements requested by City during the term of this Agreement shall be provided at no cost.
4.16 Development Review
Franchisee, upon City's request, shall assist the City in the review of applicants' plans for projects covered by Public Resources Code § 42911, including commercial and multifamily projects, to provide for effective and economical accumulation and collection of Solid Waste, Organic Waste and Recyclable Materials.
4.17 Good Corporate Citizenship
Contractor's commitment to good corporate citizenship as the holder of an exclusive franchise in the City is set forth in Exhibit E.
4.18 Citizen Complaints
The Franchisee shall respond to all complaints within twenty-four (24) hours and shall exercise due diligence to resolve all complaints. The City may, but is not obligated to, respond to complaints that have not been resolved within twenty-four (24) hours and may charge the Franchisee for the actual costs incurred. In connection herewith, Franchisee shall adequately staff its telephone system so that it is capable of handling all calls during peak business hours.
4.18.1 Record of Complaints
Franchisee shall maintain a record of all complaints received by mail, by telephone or in person (including date, name, address of complainant and nature of complaint) for a period of three (3) years. Franchisee will maintain records listing the date of consumer complaints, the customer, describing the nature of the complaint or request, and when and what action was taken by the Franchisee to resolve the complaint.
4.18.2 Disputes
Disputes between the Franchisee and its customers regarding the services provided in accordance with this Agreement may be resolved by the City; provided, however, the City shall not be obligated to resolve any such disputes. The Chief Administrative Officer or his/her designee shall have the ability to direct changes and/or resolution to any matters.
Franchisee has the right to appeal to City Council, and Council by resolution may prescribe the procedures for processing customer complaints. City Council's decision shall be final and binding unless challenged in a court of competent jurisdiction.
4.18.3 Record of Non-Collected Materials
The Franchisee shall notify customers in the event any item left for disposal is not picked June 27, 2018 - 37 ~ City of Hawaiian Gardens: Final Franchise Agreement up. Said notification shall be in writing, state Franchisee's telephone, address, and shall give the reason for non-collection. Reasons for non-collection may include but is not limited to the following: containers inaccessible to Franchisee (after Franchisee has made a reasonable effort to secure access); improper container or use of a non-Franchisee Provided Container; container overfilled; heavy container; or, the container includes Hazardous Waste. The Franchisee shall maintain a record of all items not collected and provide a copy of said record to the Chief Administrative Officer or his or her designee on a monthly basis.
4.18.4 Property Damage Caused by Franchisee
The Franchisee shall be responsible for the cost of repairing any property damaged by the negligent or intentional conduct of its employees or agents.
4.18.5 Quality of Service Surveys
The City requires that the Franchisee provide at its own expense, annually a "quality of service" survey of Franchisee's customers during the term of the Agreement. Prior to finalizing the survey form, the City shall review the survey with the Franchisee. Results of the quality of service survey shall be reviewed with the Franchisee and used to discuss improvements in service delivery. '
4.19 Collection Route Audits
The City reserves the right to conduct audits of Franchisee's collection routes. The Franchisee shall cooperate with the City in connection therewith, including permitting City employees or agents, designated by the City, to follow behind the collection vehicles, and/or to dump the loads from targeted collection routes at a material recovery facility designated by the City, in order to determine waste composition. The Franchisee shall have no responsibility or liability for the salary, wages, benefits or worker compensation claims of any person designated by the City to conduct such audits. The Franchisee will be required to pay the tipping fee at a City designated material recovery facility, for the purposes of a route audit, up to the amount contractually paid by the Contractor at the designated material recovery facility authorized under this Agreement. It will be the City's responsibility to pay any additional tipping fees.
4.20 Curbside Recycling Audits
Franchisee is required to conduct quarterly waste composition audits, at no charge to the City, of the solid waste collected from residents in curbside recycling containers. The purpose of this audit is to establish the materials and their relative percentages by weight, in the residential curbside waste stream. The City and/or its designee shall have the right to be present to oversee the Franchisee while this audit is conducted.
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4.21 "On-Call" Equipment and Personnel
During normal business hours, the Franchisee shall have "on-call" at least one (1) truck to handle called-in pick-ups or missed collections. After normal business hours, the Franchisee shall have "on-call" the necessary manpower and equipment to respond to customer emergencies that are an immediate threat to life or property. Franchisee's on-call equipment and personnel shall also be available to assist the City with debris collection and removal within a reasonable time resulting from emergencies and natural disasters, excepting that nothing in this Section shall require Franchisee to collect, haul or dispose of waste that Franchisee is not permitted to handle.
4.22 Emergency Services
Franchisee shall assist City in the event of terrorist attack or major disaster, such as an earthquake, storm, riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at Contractor's actual costs. Contractor shall cooperate with City, county, state and federal officials in filing information related to a regional, state or federally-declared state of emergency or disaster or terrorist attack as to which Contractor has provided equipment and drivers pursuant to this Agreement.
4.23 Hours of Operation
4.23.1 Residential Hours
Collection services at each Single-Family Residential Unit and Multi-Family Residential Unit shall not start before 6:00 a.m. nor continue after 6:00 p.m. of any day.
4.23.2 Commercial Hours
Collection services at Commercial and Industrial Units shall not start before 6:00 a.m. nor continue after 6:00 p.m. of any day.
4.23.3 Revisions to Hours
City may, from time to time, revise the collection hours specified in this Agreement by duly adopted resolution.
ARTICLE 5: WASTE DIVERSION
5.1 Solid Waste Diversion
AB 939 currently sets the directive of diverting fifty percent (50%) of the City's Solid Waste. If the City fails to implement its required plans to achieve the aforementioned directive under AB 939, the California Integrated Waste Management Board ("Board") may impose administrative civil penalties of up to TEN THOUSAND DOLLARS ($10,000.00) per day until the City implements its plans. The City requires the franchisee June 27, 2018 - 39 - City of Hawaiian Gardens: Final Franchise Agreement to meet or exceed this State mandate by diverting fifty percent (50%) of the solid waste collected under this franchise agreement. Furthermore, City anticipates that the State Legislature will adopt new legislation that will increase the minimum diversion requirement. Upon the effective date of any new legislation that affects the diversion requirements currently imposed by AB 939, Franchisee agrees to implement a revised or new diversion program meeting such amended legislative requirements. Failure to implement an amended Diversion program based upon new State legislation mandating waste diversion levels shall constitute a Material Breach of this Agreement.
5.2 Construction and Demolition Waste Diversion
In addition to meeting the solid waste diversion requirements of Section 5.1 above, City wishes to meet the construction and demolition waste diversion goals, established by SB 1374 (2002) and the current year California Green Building Code recycling requirement, by diverting 75% of construction and demolition waste materials. The Franchisee is required to meet a 75% diversion level for all construction and demolition wastes collected under this Agreement. A failure to reach this diversion goal constitutes a Material Breach of this Agreement and subjects Contractor to the enforcement methods, procedures and penalties of Article 9 of this Agreement.
5.3 Waste-to-Energy Diversion
As directed by the City, Franchisee shall take residue from the processing of refuse to a waste-to-energy facility so that the City receives the maximum allowable diversion or disposal avoidance credit available through CalRecycle or its successor agency.
5.4 SHARPS Diversion
This program shall become effective on the first anniversary of the effective date of this agreement. Franchisee shall provide mail-in containers to residents requesting such containers for the purpose of properly disposing of medical needles or other wastes defined as SHARPS by CalRecycle or its successor agency. This service shall be known as the "SHARPS Program" and will be provided at no cost to the City or its residents. Franchisee shall publicize the SHARPS Program in all semi-annual newsletters and on its website to ensure that City residents are aware of this program and how to participate.
5.5 Maintenance of City AB 939 Programs
The Franchisee shall be responsible to maintain all of the recycling and diversion programs established within and by this Agreement. A failure to maintain the diversion programs established by this agreement, equates to a material breach of this agreement.
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5.6 Franchisee Waste Diversion Responsibilities
5.6.1 Cooperation and Education
The Franchisee shall cooperate with the City's efforts to develop and implement public education and information programs designed to promote Source Reduction, Recycling and other waste reduction activities in general as well as specific Waste Diversion strategies. Franchisee shall have a bi-lingual (English/Spanish/Korean) public education program in place where it will distribute flyers and leaflets to residences of the City (free of charge) pursuant to Section 4 of this Agreement. Additionally, Franchisee will visit schools and make presentations on the proper disposal of waste and the importance of Recycling.
5.6.2 Information/ "How-To" Video
Contractor shall develop, produce and provide for customer viewing, an informative HowTo video at its sole expense. The produced video shall inform residential and commercial customers of program services available, recycling opportunities, and general information on billing and customer service information.
5.7 Implementation of Strategies and Penalties
The Franchisee shall implement the strategies jointly developed and agreed to by the Franchisee and the City. City acknowledges that to meet the mandates of AB 939, additional and significant legislation affecting the disposal of Solid Waste not covered by this Agreement may be required. A failure to perform its obligations under this section, equates to a material breach of this agreement and City shall be entitled to all enforcement actions under this agreement.
Additionally, if Franchisee's failure to perform its obligations under this Agreement results in the imposition of penalties against the City pursuant to any state-mandated program, Franchisee shall reimburse the City for any such fine within thirty (30) days of imposition of such fine or penalty.
5.8 Waste Diversion and Disposal Reporting Requirements The Franchisee shall comply with the Waste Diversion reporting requirements established by the City. Franchisee shall provide City with monthly, quarterly and ammal reports in a form acceptable to the City and adequate to meet City's reporting requirements to CalRecycle on compliance with AB 939, including a breakdown of the tons collected, tons diverted, and tons disposed, by service type prescribed by this Agreement.
Franchisee further agrees to provide program specific data required by the City to meet reporting requirements to any Federal, State, or local entity having the authority to request such data.
June 27, 2018 - 41 - City of Hawaiian Gardens: Final Franchise Agreement Franchisee shall maintain accurate records of all date required to fulfill the requirements of this section. All reports and reporting formats shall be approved by the Chief Administrative Officer or his/her designee. All report submittals shall be in an electronic format approved by City, compatible with City's software at no additional charge.
Monthly reports shall be submitted within thirty (30) days after the end of the reporting month. Quarterly reports shall be submitted within thirty (30) days of the reporting quarter.
Annual reports (for which a date is not otherwise specified in this Agreement) shall be submitted within twenty (20) calendar days after the end of the calendar year, by January 20th.
5.8.1 Quarterly Reports
Quarterly reports shall include, at a minimum:
1. Solid Waste tonnage collected by Franchisee, separated by service sector (Residential, Commercial, Industrial, Construction & Demolition, and Temporary Services. Report will indicate the tons collected, tons processed, tons recycled and the tonnage at the location of final disposition.
11. Tom1age repo1is shall indicate the type of waste collected, (e.g. Refuse, Recycling, Green Waste) dive1ied, and the facilities where the tons were processed or disposed. a. Any and All Certified Weight Tickets must be retained for the entire period of Agreement plus 4 years.
b. If Franchisee utilizes any facility(s) thatdoes not have Certified Scales and/or the ability to print certified weight tickets, Franchisee must have written authorization from the Chief Administrative Officer prior to utilizing said facility(s). Activities contrary to this section constitutes a materials breach. 111. Customer Counts: The number of residents, commercial, industrial, and construction/Demolition accounts serviced
1v. Number of missed pickups and the actions taken to remedy the missed collection v. Warning "Tag" notice report detailing the address, service type, issue/incident of warning tag and resolution
v1. Complete list of each disposal and non-disposal facility utilized for the reporting period
v11. Complaint log for the reporting period per this document viii. Description of all outreach activities conducted by Contractor, with copies of outreach materials
1x. On-Site Technical assistance log, including location address, date, contacted person and discussion notes
x. Number of missed pickups and the actions taken to remedy the missed collection xi. Franchisee recommendations for City
5.8.2 Annual Report
Annual reports shall include, at a minimum, the information otherwise reported monthly and quarterly, including the following:
June 27, 2018 - 42 - City of Hawaiian Gardens: Final Franchise Agreement "---
1. Number of Containers in service as of the last day of the calendar reporting year. (December 31 st) including the Cart size, Bin Size, frequency, and type of material serviced.
11. Updated route schedules
iii. Vehicle list for each waste sectors; report shall include vehicle type, model year, fuel type, vehicle number and license plate number
5.9 Failure to Meet Diversion Requirement
Should Franchisee fail to divert the required amount of the City's Solid Waste, as described in this Agreement, this shall be considered a Material Breach and subject Contractor to the enforcement methods, procedures and penalties of Article 9 of this Agreement.
5.10 Recycling Program
5.10.1 Recycling Containers
Franchisee shall conduct a single stream commingled collection of Recyclable Materials.
One 96-gallon Franchisee provided Cart shall be used at each Residential Unit receiving curbside service for collection of commingled Recyclable Materials ("Recyclable Container"). Every Recyclable Container shall be clearly labeled. Residential Units shall place all Recyclable Materials within such Recyclable Containers as directed by the Franchisee; to this end, concurrent with Franchisee's delivery of a Recyclable Container to any Residential Unit, Franchisee shall provide instructions on the use of the Recyclable Container. Franchisee shall, at no charge, replace any Franchisee Provided Containers which become unusable by reason of normal conditions of wear and tear.
5.10.2 Ownership of Solid Waste and Recyclable Materials Except as otherwise provided by law, once Solid Waste, Refuse, Recyclable Materials and/or Green Waste have been collected by Franchisee, ownership transfers to Franchisee, Franchisee is hereby granted the right to retain, recycle, compost, dispose of and otherwise use such waste, or any part thereof, in any lawful fashion or for any lawful purpose desired by Franchisee. Subject to the provisions of this Agreement and excepting any material which a waste material is not, and which was inadvertently discarded, Franchisee shall have the right to retain any benefit or profit resulting from its right to retain, recycle, compost, dispose of or use the refuse which it collects. Solid Waste and any other material which is disposed of at a Disposal Site or sites (whether landfill, transformation facility, transfer station or material recovery facility) shall, as between the City and Franchisee, remain the responsibility of the Franchisee, and Franchisee shall retain ownership of the same.
5.10.3 Recycling Frequency
Franchisee shall collect Recyclable Materials from Residential Units once each week from Franchisee Provided Containers. Franchisee shall collect Recyclable Materials from MultiJune 27, 2018 - 43 - City of Hawaiian Gardens: Final Franchise Agreement Family Residential Units, Commercial and Industrial Units at a reasonable frequency to be determined by the Franchisee.
5.10.4 Residential Recycling Location
Franchisee shall collect Recyclable Materials set out in Recyclable Containers by Residential Units or City-designated Multi-Family Units from the curb or other Franchiseeapproved location.
5.10.5 Recycling Revenue
Franchisee shall be entitled to all revenue produced from the sale of Recyclable Materials collected, salvaged or purchased by Franchisee. Furthermore, Recycling Revenues are not considered gross receipts subject to City Franchise Fee.
5.10.6 Franchisee as Authorized Recycling Agent
City hereby designates Franchisee as its authorized recycling agent for the purposes of conducting recycling activities within the City pursuant to the terms of Public Resources Code Section 40105. Notwithstanding the foregoing, Franchisee at all times, shall be and remain independent from the City.
ARTICLE 6: VEHICLES, EQUIPMENT AND PERSONNEL
6.1 Vehicles
6.1.1 General
During the first thirty (30) days of the Agreement Term, Franchisee shall provide evidence that it has purchased and put in service a fleet of used clean-air collection vehicles sufficient in number and capacity to perform efficiently the work required by this Agreement in strict accordance with its terms. Franchisee, during the first twelve (12) months of the Agreement, may operate with used clean-air collection vehicles no older than seven years of age. If the fleet is composed of used vehicles, they shall be no older than eight (8) years of age at any time during years two (2) through ten (10) of the Agreement. Collection vehicles must meet all applicable local, state, and federal air quality laws, rules, and regulations, including, but not limited to, South Coast Air Quality Management District Rule 1193 relating to alternative fueled trash collection equipment.
Additionally, during the first year of the Term of this Agreement, Franchisee shall provide evidence of a purchase order for a fleet of new clean-air collection vehicles sufficient in number and capacity to perform efficiently the work required by this Agreement in strict accordance with its terms. The delivery of new vehicles must be on or before the thirteenth (13) month of this Agreement. Any failure to perform completely under this section will be considered a Material Breach and subject Contractor to the enforcement methods, procedures and penalties of Article 9 of this Agreement.
June 27, 2018 - 44 - City of Hawaiian Gardens: Final Franchise Agreement
6.1.2 Truck Bodies
All truck bodies used by Franchisee shall be constructed of metal, shall be wate1iight and leak-proof, and shall be so constructed as to prevent odors or the falling, leaking or spilling of Solid Waste, Recyclables, or other materials. Each vehicle shall carry at all times a broom and shovel to be used for the immediate removal of any spilled material. Each vehicle shall also carry a fire extinguisher and first aid kit.
6.1.3 Backup Alarm
Each vehicle used for collecting, hauling or disposing of Solid Waste or Recyclables shall be equipped with an audible warning device that is activated when the vehicle is backing up.
6.1.4 Gross Vehicle-Weight Limit
No vehicle used for collecting, hauling or disposing of Solid Waste or Recyclables shall be loaded in excess of the manufacturer's gross vehicle weight rating or in excess of the maximum weight specified by the California Vehicle Code, whichever is less. Evidence of the manufacturer's name and gross vehicle weight rating shall be maintained in, or upon, every vehicle.
6.1.5 Vehicle Identification
All vehicles used in the performance of this Agreement shall bear the Franchisee's name, phone number and vehicle number in minimum lettering of three (3) inches. Contractor shall have a vehicle billboard on at least one side with frames capable of securing signs measuring 29 3/16 inches by 93 3/16 inches or other dimensions approved by City.
Franchisee shall prepare and install signs promoting Recycling and Diversion with text and graphics approved by City.
6.1.6 Residential Service Vehicles
Vehicles used for Residential collection services shall be fully automated side-loading refuse trucks, using a fully mechanized arm to pick up and dump automated waste collection containers. Drivers shall not be required to exit the vehicle to assist with securing the containers to, or lifting the containers into, the refuse collection truck.
6.1. 7 Alternative Fuel Vehicles
The Franchisee shall use alternative fuel vehicles per the terms of Section 6.1 of this agreement, and as approved by the South Coast Air Quality Management District for all collection services. Vehicles shall meet all requirements specified per AQMD Rule 1193 as it may be amended from time to time.
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Franchisee and its employees shall comply with the terms of all contracts between the Los Angeles County Sanitation District and any Disposal Site that is used by Franchisee.
6.4.7 Safety
All work performed pursuant to this Agreement shall be performed in a manner that provides safety to the public and meets or exceeds safety standards outlined by the California Construction Safety Orders under the State of California Code of Regulations ("CAL-OSHA"). City reserves the right to issue restraint or cease and desist orders to Franchisee when unsafe or harmful acts are observed or reported to City. Franchisee shall instruct its employees to report immediately any hazardous conditions or Hazardous Wastes they observe within the City during the course of their work to the City.
6.4.8 No Gratuities
Franchisee shall not permit its employees to demand or solicit, directly or indirectly, any additional compensation or gratuity from members of the public for the work performed by those employees pursuant to this Agreement.
ARTICLE 7: FRANCHISEE'S COMPENSATION
7 .1 Maximum Rate Schedule
In Attachment B, which is incorporated herein by this reference ("Maximum Rate Schedule"), the City has approved the maximum service rates which may be charged by Franchisee to its customers in the City. The Maximum Rate Schedule will become effective on Franchise effective start date. Franchisee shall not receive any other fees or compensation for the services to be performed pursuant to this Agreement in excess of those provided in the Maximum Rate. But, under no circumstance shall Franchisee be permitted to adjust any rate proposed in their submitted Proposal during the first two years of services.
7.2 Rate Composition
During the Term of this Agreement, all franchise rates will be divided into two rate components: "Collection" and "Disposal". Each component breakdown must be disclosed to the City with the initial rates for this Agreement and as part of any subsequent request for rate increase by the Franchisee. Such collection components are not required to be listed in franchise rate sheets or included on billings to the Franchisee's customers.
7.3 Adjustments to Maximum Rate Schedule
7.3.1 General
Franchisee shall be entitled to rate adjustment on July 1, 2020 and annually thereafter, per the requirements of the Maximum Rate Schedule as identified in Attachment B and June 27, 2018 - 49 - City of Hawaiian Gardens: Final Franchise Agreement \_ ..
Sections 7.3.2 and 7.3.3 below. The Maximum Permissible Rates may be adjusted as identified in Attachment B and per the requirements of this Section. A rate increase shall be subject to compliance with Proposition 218 as provided in Section 7.4.
7.3.2 Adjustment to Collection Component of Rates
Subject to adoption in accordance with Proposition 218, the "Collection Component" of rates shall be adjusted to reflect 90% of the "Percentage Change in CPI". "Percentage Change in CPI" shall niean the percentage change in the All Urban Customers, Los Angeles, Riverside, Orange County index, for the previous 12-Month period ending in September.
7.3.3 Adjustment to Disposal Component of Rates
Subject to adoption in accordance with Proposition 218, the "Disposal Component" of rates shall be adjusted only for increased costs to the Franchisee from landfill, transfer, Materials Recovery Facility (MRF) and/or transformation facility tip fee adjustments. For the rate adjustment period under review, the Franchisee is responsible for submitting substantiation of any such cost increases for City review. Should the City determine that any fee adjustments presented by the Franchisee are 5% or more greater that those charged to any jurisdiction within five (5) miles of the City of Hawaiian Gardens, City shall have the right to solicit bids from other landfill(s), transfer, or transformation facilities and to require the Franchisee to utilize said facility and/or incorporate said facility rate into the Disposal Component adjustment of franchise rates.
7.3.4 Extraordinary Rate Increase
There shall be no Extraordinary Rate increases during the entire term of this agreement.
An Extraordinary rate increase shall be considered "extraordinary" if the request is: over the allowable adjustment percentage/formula as stated in this section, and/or Attachment B.
7.4 Proposition 218 Process for Adjustments to Maximum Rate Schedule
7.4.1 Compliance with Proposition 218 Required
Further adjustments and/or increases to the Maximum Rate Schedule in addition to those identified in Section 7.3, above, are strictly subject to the assent of the City and compliance with Proposition 218. To this end, the City will only approve, and process proposed adjustments to service rates applicable to Residential Units if such proposed adjustments are consistent with the agreed-upon methodology established in Section 7.3. More generally, City intends to comply with all applicable laws, including without limitation Proposition 218, concerning the setting of adjustments to the Maximum Rate Schedule under this Agreement.
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7.4.2 Indemnification
Franchisee shall indemnify, defend and hold harmless the City, their officers, employees, agents and volunteers, (collectively, indemnitees) from and against all claims, damages, injuries, losses, costs, including demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest fines, charges, penalties and expenses (including attorneys' and expert witness fees, expenditures for investigation, and administration) and costs or losses of any kind whatsoever paid, imposed upon, endured or suffered by or assessed against Franchisee or any of the indemnitees resulting in any form from the City's establishing maximum rates for service under this Agreement or in connection with the application of California Constitution Article XIIIC and Article XIIID to the imposition, payment or collection of rates and fees for services provided by Franchisee under this Agreement. Notwithstanding the foregoing, this indemnity shall not extend to any portion of the rates that is not associated with Franchisee's costs in providing service, such as governmental fees, franchise fees or charges, nor shall it apply to any loss arising directly from the negligence of City, its officers and employees. Nothing herein is intended to imply that California Constitution Articles XIIIC or XIIID, apply to the setting of rates for the services provided under this Agreement, rather this Section is provided merely to allocate risk of loss as between the Parties.
7.4.3 Pass-Through of Proposition 218 Compliance Costs
Franchisee shall pay for all costs of Proposition 218 compliance, including but not limited to the costs of Proposition 218 notices and hearings. Franchisee may, if permitted by law, pass its actual costs of Proposition 218 compliance on to customers through service rates if and only if, such pass-through is duly noticed and included as part of the service rates adopted through a Proposition 218 process.
7.4.4 Notice of Increases
Franchisee shall give thirty (30) days prior written notice of any duly-adopted rate increases to all customers of the increase before such increase may become effective.
7.4.5 City Not Obligated to Approve Increase
Except as provided in Section 7.3, City has no legal obligation to accept Maximum Rate Schedule adjustments proposed by Franchisee. In no case will City's failure to approve any specific Maximum Rate Schedule adjustment other than those called for in Section 7.3 be a default hereunder, and City bears no liability to Franchisee for any damages suffered by Franchisee as a result of the failure to pass new Maximum Rate Schedules or adjustments thereto. Accordingly, the City Council is completely free within its police powers to exercise its discretion in considering such matters, and the City has not contracted away any of its police powers or duties to protect the public health, safety or general welfare of its citizens pursuant to State and Federal law.
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7.5 Billing
Franchisee shall be responsible for all billing and collection concerning placement of delinquent accounts on the tax rolls. Notice of billing procedures shall be given to all customers pursuant to Section 7 and 8 above, and annually thereafter. Franchisee shall have procedures for on-line payment; payment by credit card, and similar customer services.
Franchisee shall provide itemized bills, clearly showing charges for all classifications of services, including any charges for late payment. Multi-Family Residential Units, Commercial and Industrial Unit accounts receiving collection services from Franchisee shall be billed by the Franchisee at the end of the month in which service is provided.
Single Family Residential Unit accounts receiving collection services from Franchisee may be billed by the Franchisee quarterly as follows: For the quarter in which services are rendered, Franchisee shall bill thirty (30) days into the quarter, and the bill shall be due sixty (60) days thereafter at the end of that quarter. Franchisee shall meet with City to make specific arrangements for commencement of billing.
7.6 Delinquent Accounts
7.6.1 Residential Units
Franchisee shall provide at least three (3) monthly, written notices of delinquency/past-due account status to the occupants of any Residential Unit with a delinquent account and Franchisee shall otherwise make diligent efforts to resolve said account delinquencies, including but not limited to the reasonable use of a collection agency. Further, Franchisee shall be entitled to collect late charges at the rate of 1.5% per month and, in addition, to charge a reasonable rate for the redelivery of Franchisee Provided Containers. If, after Franchisee's exercise of diligent efforts to collect a delinquent account, a Residential Unit remains delinquent, Franchisee shall have the right (without obligation) to request placement of the delinquent account onto City tax rolls. Said right to place delinquent accounts onto City tax rolls shall occur no more than once-per-year at a time, and in a manner, coordinated with the City's regular processing of tax liens.
7.6.2 Industrial and Multi-Family Residential Unit Accounts City may permit Franchisee to discontinue service to Commercial, Industrial, and MultiFamily Residential Units whose accounts are more than ninety (90) days past due.
Franchisee shall be entitled to collect late charges at the rate of one and one-half percent (1 ½%) per month and, in addition, to charge a reasonable rate for the redelivery of Franchisee Provided Containers. These delinquent accounts may also be placed on tax rolls.
7.7 No Waiver of City Remedies to Address Public Nuisance Should Franchisee terminate service to any customer in the City, nothing herein waives or supersedes the City's rights to initiate code enforcement action(s) in response to the buildJune 27, 2018 - 52 - City of Hawaiian Gardens: Final Franchise Agreement \___, \___ .. ·
up, long-term stagnation, or misplacement of Solid Waste as a result of said termination of Franchisee's service. In addition, the City and Franchisee shall, at the option of either party, meet and confer in good faith to resolve any matters of public nuisance or Solid Waste build-up that resulted from a tennination of service by Franchisee.
ARTICLE 8: ACCOUNTING AND RECORDS
8.1 Financial Statements
City's Chief Administrative Officer may elect to review Franchisee's annual financial statements. Franchisee shall have financial statements ammally prepared. Within thirty (30) days of a City request, Franchisee shall allow the Chief Administrative Officer, his/her designee and/ or an auditor selected by the City to review copies of the financial statements at the Franchisee's local office or other such mutually-agreeable premises of Franchisee.
City and Franchisee agree to use reasonable efforts to protect the confidential nature of the Franchisee's financial statements.
8.2 Inspection and Retention of Franchisee's Accounts and Records Franchisee's records of customer complaints, AB 939 compliance records, maps, billing records, gross income, franchise fee payments, curbside recycling payments, and customer payment histories shall be available at the Franchisee's principal local office as set forth in this agreement at any time during regular business hours for inspection on thirty (30) days' notice, and/or performance of financial review of Franchisee's records by the City or its duly authorized representative in accordance with the Agreed Upon Procedures ("Audit" and is associated with standard audit procedures), for a period of five (5) years following the close of the Franchisee's fiscal year.
Franchisee shall provide City with a copy of any requested record at no cost to City.
Nothing in this Agreement shall interfere with any legal requirement that such records be kept for a longer period of time.
Franchisee shall not destroy or discard any records pertaining to this Agreement without the Approval of the City or without first giving notice to City and affording City the opportunity to copy such records at City's expense. Franchisee shall keep all records related to this Agreement on file for a period of five (5) years past the termination or expiration of this Agreement.
8.3 Cost of Agreed Upon Procedures
The cost of the annual Agreed Upon Procedure ("Audit") of Franchisee's books and records is compensated through the Performance Audit Program Fee paid ammally to the City by the Franchisee. This Performance Audit Program Fee is also payment for reasonably expected City costs to review Franchisee's request for an increase in rates under the Maximum Rate Schedule. Should the City's performance of an Agreed Upon Procedure disclose that a requested rate increase contains any inaccurate data or cost claims that are June 27, 2018 - 53 - City of Hawaiian Gardens: Final Franchise Agreement \_ __ .. ·
not properly substantiated, the Franchisee will be responsible to reimburse the City for all costs incurred to c01Tect data submissions or substantiate cost claims.
8.4 Audit Findings: Payments and Refunds
Should the performance of an Audit by the City, disclose that any City fee payable by the Franchisee was underpaid or that customers were overcharged for the period under review, Franchisee shall pay to City any underpayments and/or refund to Franchisee's customers any overcharges within 15 days of a City issued notice. Should the performance of an Agreed Upon Procedure by the City disclose that any City Fees were overpaid, City shall promptly refund to Franchisee the amount of the overpayment. Should the Audit identify a discrepancy of three per cent (3%) or more in underpayment by Contractor,Contractor shall, upon notice, make the appropriate payment to City plus 1.5% interest per month.
ARTICLE 9: ENFORCEMENT OF AGREEMENT
9.1 City Right to Terminate
After engaging in the procedures set forth in Sections 9.2 - 9.6, the City shall have the right to terminate Franchisee's franchise and this Agreement upon Franchisee's breach of any of its material obligations under this Agreement. The City's right to terminate shall be in addition to any other remedy provided in this Agreement or provided by law and shall include, but not be limited to, any of the events of default set forth in this Section 9 .1. Notwithstanding the foregoing, the following specific events of default by Franchisee may at the City's discretion result in immediate termination of the franchise without compliance with Sections 9.2 - 9.6 of this Agreement:
1. If Franchisee practices, or attempts to practice, any willful fraud or deceit upon the City. Both parties agree and understand that any failure to disclose information material to the performance of this Agreement shall constitute a breach.
11. Should the Franchisee or any of its officers, directors, shareholders, subsidiaries, affiliates, employees or agents be or have been found guilty of felonious conduct related to this franchise agreement, illegal transport or disposal of Hazardous Waste, or bribery of public officials, the City reserves the unilateral right to terminate this Agreement or to impose such other sanctions (which may include financial sanctions, temporary suspensions, or any other condition deemed appropriate short of termination) as it shall deem proper. The term "found guilty" shall be deemed to include any judicial determination of guilt including, but not limited to, pleas of "guilty", "nole contendere", "no contest", or "guilty to a lesser charge" entered as part of a plea bargain.
iii. If Franchisee willfully violates any orders or rulings of any regulatory body having jurisdiction over Franchisee, provided that Franchisee may reasonably contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred iv. If Franchisee fails to make any payments or to pay any penalties required to be made or paid by Franchisee pursuant to this Agreement
June 27, 2018 - 54 - City of Hawaiian Gardens: Final Franchise Agreement v. If Franchisee for any reason ceases to provide Solid Waste management services as required under this Agreement over all or a substantial portion of its franchise area for a period of thirty (30) days
vi. If Franchisee is found by any judicial or regulatory body to have violated the terms, conditions or requirements of the Municipal Code or AB 939 or successor legislation, as they may be amended from time to time, or violates any order, directive, rule or regulation issued pursuant to the foregoing legislation, where the violation is not remedied within the time set in the written notice of the violation vii. If Franchisee refuses to provide City with required information, reports, or test results in a timely maimer as required by this Agreement
9.2 Rights of Non-Defaulting Party after Default
The Parties acknowledge that both Parties shall have hereunder all legal and equitable remedies as provided by law following the occurrence of a default or to enforce any covenant or agreement herein.
9.3 Notice of Default and Opportunity to Cure
In order to declare a default under this agreement, a Non-Defaulting Party shall comply with the procedures hereinafter set forth for any failure or breach of the other Party ("Defaulting Party") in its performance of a material duty or obligation of said Defaulting Party under the terms of this Agreement. The Non-Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by Defaulting Party to cure such breach or failure ("Default Notice"). The Defaulting Party shall be deei:ned in "default" under this Agreement, where:
(i) said breach or failure can be cured, but the Defaulting Party has failed to fully cure within thirty (30) days after the date of the Default Notice (subject to the provisions below), or (ii) a monetary default remains uncured for ten (10) days ( or such lesser time as may be specifically provided in this Agreement).
After receiving a Default Notice, should the Defaulting Party fail to timely cure any default, the Non-Defaulting party may, in its discretion, provide the Defaulting Party with a written notice of intent to terminate the Agreement ("Termination Notice"). The Termination Notice shall state that the Non-Defaulting Party shall have the right to terminate this entire Agreement and shall be subject to the hearing opportunity (if the defaulting party is the Franchisee) set forth in Section 9.6 and for all Parties to comply with the Notice requirements set forth in Section 12.4.
9.4 Penalty for Monetary Default
In the event Franchisee fails to perfonn any monetary obligation under this Agreement, Franchisee shall pay a pre-determined penalty thereon at the rate of one and a half percent (1.5%) per month, or any fraction of a month, from and after the due date of said monetary obligation until payment is actually received by City.
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9.5 Non-Monetary Defaults; Longer Cure Period
The Defaulting Party on a non-monetary default shall not be deemed in breach of this Agreement, and such default shall be waived, if such non-monetary default cannot reasonably be cured within the above-prescribed thirty-day period, and as long as the Defaulting Party does each of the following:
i. Notifies the Non-Defaulting Party in writing with a reasonable explanation as to the reasons the asserted default is not curable within the thirty (30) day period
11. Notifies the Non-Defaulting Party of the Defaulting Party's proposed cause of action to cure the default
111. Promptly commences to cure the default within the thirty (30) day period 1v. Makes periodic reports to the Non-Defaulting Party as to the progress of the program of cure
v. Diligently prosecutes such cure to completion
9.6 Franchisee Hearing Opportunity Prior to Termination If Franchisee is the Defaulting Pariy, then the City's Default_ Notice to Franchisee shall additionally specify that Franchisee has the right to a hearing prior to the City's termination of any Agreements ("Termination Hearing"). The Termination Hearing shall be scheduled as an open public hearing item at a regularly-scheduled City Council meeting within thirty (30) days of the Termination Notice, subject to any legal requirements including but not limited to the Ralph M. Brown Act, Government Code Sections 54950-54963. At said Termination Hearing, Franchisee shall have the right to present evidence to demonstrate that it is not in default and to rebut any evidence presented in favor of termination. Based upon substantial evidence presented at the Termination Hearing, the Council may, by adopted resolution, act as follows:
1. Decide to terminate this Agreement
11. Determine that Franchisee is innocent of a default and, accordingly, dismiss the Termination Notice and any charges of default
111. Impose conditions on a finding of default and a time for cure, such that Franchisee's fulfillment of said conditions will waive or cure any default. Findings of a default or a conditional default must be based upon substantial evidence supporting the following two findings:
a. That a default in fact occurred and has continued to exist without timely cure
b. That such default has, or will, cause a material breach of this Agreement and/or a substantial negative impact upon public health, safety and welfare, the environment, the City or the financial terms established in this Agreement
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9.7 City's Right to Perform Service
9.7.1 City Rights
In addition to any and all other legal or equitable remedies, in the event that Franchisee, for any reason whatsoever, fails, refuses or is unable to collect, transport or deliver to a Disposal Site, as appropriate, any or all Solid Waste or Recyclables which it is required by this Agreement to collect and transport, at the time and in the manner provided in this Agreement, for a period of more than five (5) days, and if, as a result thereof, Solid Waste should accumulate in the City to such an extent, in such a manner, or for such a time that the Chief Administrative Officer in his or her sole discretion should find that such accumulation endangers or menaces the public health, safety or welfare of any resident or business, then the Chief Administrative Officer shall have the sole right, but not the obligation, to require Franchisee to perform said services at no cost to the City. The Chief Administrative Officer may:
1. Cause to be performed, such services itself with its own personnel or employ Franchisee's personnel, without liability to Franchisee ii. To take possession of any or all of Franchisee's equipment and other property used or useful in the collection and transportation of Solid Waste and to use such property at the expense of Franchisee to collect and transport any Solid Waste which Franchisee would otherwise be obligated to collect and transport pursuant to this Agreement
9.7.2 Franchisee and City Responsibilities
Franchisee further agrees that in such event:
1. It will fully cooperate with City to affect the transfer of possession or property to the City for City's use
11. It will, if the Chief Administrative Officer so requests, and to the extent feasible, keep in good repair and condition all of such property, provide all motor vehicles with fuel, oil and other service, and provide such other service as may be necessary to maintain said property in operational condition
111. The City or its designee may elect to take complete possession of franchisees equipment and/or facilities for proper and normal use in order to continue normal collection services until another franchisee can take over complete operations of Franchise as identified in this agreement.
9.7.3 Franchise Waivers
Franchisee agrees that the City's exercise of its rights under this Article 9:
1. Does not constitute a taldng of private property for which compensation must be paid, but is rather an exercise of the City's police power June 27, 2018 - 57 - City of Hawaiian Gardens: Final Franchise Agreement
11. Will not create any liability on the part of City to Franchisee, including but not limited to, any right to compensation for use of Franchisee's equipment 111. Does not exempt Franchisee from the indemnity provisions of Section 11, which are meant to extend to circumstances arising under this Section, provided that Franchisee is not required to indemnify City against claims and damages arising from the sole negligence of City, its officers, employees, agents, or volunteers acting under this agreement
1v. Does not terminate this Agreement, unless termination occurs under other provisions of this Agreement
9.8 City's Right to Lease Franchisee's Equipment Following Termination If City terminates this Agreement for cause, the City shall have the right to lease Franchisee's equipment from Franchisee at its fair market value for a period not to exceed six ( 6) months in order to allow City to perform the services required under this Agreement.
9.9 Cooperation Following Termination
At the end of the Term or Franchise Term or in the event this Agreement is terminated for cause prior to the end of the Term or Franchise Term, Franchisee shall cooperate fully with City and any subsequent contractor to assure a smooth transition of Solid Waste management services. Franchisee's cooperation shall include, but not be limited to, providing operating records needed to service all properties covered by this Agreement.
9.10 Duration of City's Possession
City has no obligation to maintain possession of Franchisee's property and/or continue its use in collecting and transporting Solid Waste for any period of time and may, at any time, in its sole discretion, relinquish possession to the Franchisee. Should the City desire to retain possession of Franchisee's property, the City's right to retain temporary possession, and to provide Solid Waste collection services, shall continue until Franchisee can demonstrate to the Chief Administrative Officer's reasonable satisfaction that it is ready, willing and able to resume such services.
9.11 Forfeiture of Performance Bond.
In the event Franchisee shall for any reason become unable to or fail in any way to, as solely determined by the Chief Administrative Officer, perform as required by this Agreement, after engaging in the procedures set forth in Sections 9.2 - 9.6, City may declare that portion of the Perfonnance Bond established pursuant to Section 11, which is necessary to compensate and make whole the City, forfeited to the City. Upon partial forfeiture of the performance bond, Franchisee shall promptly take all steps necessary to restore the performance bond to its face amount.
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9.12.1 Liquidated Damages
The provision of poor public service or the production of any nuisance condition will subject Franchisee to administrative procedures, potential liquidated damages and, ultimately, tem1ination, for severe and repeated violations.
9.12.2 Complaints
Public complaints (whether received by the City regarding Franchisee's performance or received directly by Franchisee) will be handled as prescribed in Section 4.17 and 4.2 hereof.
9.12.3 Nuisance Conditions
Repeated, substantiated complaints of, or continued conditions of, poor service quality and/or nuisance conditions may be handled in the manner prescribed below. For purposes of this Section, the term "nuisance conditions" shall mean the following breaches of Agreement:
1. Failure to duly collect Solid Waste or Recyclables that have been properly set-out for collection through the willful or negligent conduct of Franchisee employees
11. Uncured damage to the property of third parties or customers through the willful or negligent conduct of Franchisee employees
iii. Failure to perform service surveys and route audits as required by Section 4.17 .5 and 4.18, respectively.
1v. Unreasonable leakage or spillage of Solid Waste or other collected materials from Franchisee's vehicles
v. Failure to immediately or promptly collect Solid Waste or other materials that spilled or fell from Franchisee's vehicles onto public streets or third-party property vi. Poor maintenance of Franchisee's vehicles in violation of Section 6 hereof v11. Violations of personnel standards and qualifications in contravention of Section 6 hereof
9.11.4 Notice of Violation
Initially, when the Public Works Director or a designated enforcement officer observes a violation, a verbal warning shall be given to the Franchisee.
9.12.5 Franchisee's Right to Contest
Within five (5) business days after receiving the Notice of Violation, Franchisee may submit a written response (the "Response") to the Notice of Violation to the Public Works Director. The Director shall review Franchisee's Response and may further investigate the claimed violation. The Director shall make a final determination regarding the Notice of Violation and the Public Works Director shall deliver to Franchisee a written conclusion concerning the Notice of Violation. Additionally, at the election of either Party, the Parties may meet to develop a written corrective action plan ("Correction Plan") to prevent further June 27, 2018 - 59 - City of Hawaiian Gardens: Final Franchise Agreement occurrence of the problematic conditions established in the Notice of Violation. The Correction Plan shall be finally prepared by the City (or, at the election of the City, by Franchisee) within ten (10) business days after the meeting between the Director and/or City Manager designee and Franchisee. The Correction Plan may include additional procedures, as deemed necessary by the Public Works Director and/or City Manager designee, to assure that in the future Franchisee will be able to perform its services in compliance with this Agreement.
9.12.6 Liquidated Damages
If a second Notice of Violation is issued for any violation after an initial verbal warning and thereafter the issuance of a written Notice of Violation that is not withdrawn pursuant to Subsections 9 .13 .3 or 9 .13 .4 above, then liquidated damages may thereafter be assessed against Franchisee (as liquidated damages and not a penalty) by the Public Works Director and/or City Manager designee in the amount of $250 for every day the condition persists.
Fmiher, if the violation for which liquidated damages were assessed recurs on three (3) or more days within a 60-day period following any assessment of liquidated damages, then starting on the fowih ( 4th) day that such violation either persists or recurs the amount of liquidated damages shall increase to $500 per day.
9.12.7 Basis for Liquidated Damages
The Parties fu1iher recognize that if Franchisee repeatedly fails to prevent and remediate nuisance conditions, the City and its residents will suffer damages and that it is and will be impractical and extremely difficult to asce1iain and determine the exact amount of damages which City and its citizens will suffer. Therefore, the Parties agree that the liquidated damages established herein represent a reasonable estimate of the amount of such damages for such specific violations, 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 wit legal counsel and obtain an explanation of these liquidated damage provisi~ to entering this Agreem
Franchisee's Initials ~ City Initials -l,,'f--l-'>d---
9.12.8 Further Remedies for Severe or Persistent Violations The above provisions for a Correction Plan procedure and liquidated damages are intended to give the Parties a remedy under this Agreement short of termination or default; however, should Franchisee's violations be severe and repetitive or otherwise not reasonably subject to correction through liquidated damages, the Public Works Director may, in his/her sole discretion, institute the procedures set f01ih in this A1iicle hereof.
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9.12.9 City's Remedies for Franchisee's Failure to Meet Standards i. Performance Bond: The Performance Bond shall guarantee Franchisee's faithful performance of waste hauling services under the auspices of this Agreement, including without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement. If City, at its sole discretion, determines that Franchisee has breached any portion of this Agreement, it shall notify Franchisee per notice requirements in section 12.4 and after engaging in the procedures set forth in Sections 9.2 to 9.6 and may thereafter collect on the Performance Bond provided by Franchisee. After terminating the Agreement pursuant to the procedures set forth in Sections 9.2 to 9.6, City shall be entitled to seek a new Contractor to replace Franchisee and all performance duties identified under this agreement. This bond serves to cover the cost of these immediate and necessary services, and City shall be entitled to collect on the one million dollar ($1,000,000) Performance Bond posted by Franchisee.
9.13 No Waiver of City's Police Powers or Legal Rights
Nothing in this Agreement is-intended to limit the power and ability of the City or any Local Enforcement Agency (LEA) to initiate administrative and/or judicial proceedings for the abatement of nuisance conditions or violations of any applicable law. Nothing herein shall waive or limit any other legal rights or recourses the City may have in response to Franchisee's repeated, material violations of Performance Standards or failure to mitigate nuisance conditions.
ARTICLE 10: TRANSFERS OF INTEREST
10.1 Restrictions on Transfers
The City, in entering into this Agreement, has placed a special value, faith and confidence in the experience, background, and expertise of the Franchisee in the field of waste and recycling collection. Therefore, City denies any attempted Transfer of Interest from the Franchisee, Commercial Waste Services, Inc., to another party during the term of this agreement, without prior written consent from City Council.
10.2 Definition of Transfer
As used in this Section, the term "Transfer" shall include any hypothecation, mortgage, pledge, or encumbrance of this Agreement by Franchisee. A Transfer shall also include the transfer to any person or group of persons acting in concert of more than thi1iy percent (30%) of the present equity ownership and/or more than thirty percent (30%) of the voting control of Franchisee Gointly and severally referred to herein as the "Trigger Percentages"), taking all transfers into account on a cumulative basis, except transfers of such ownership or control interest to an affiliate owned or controlled by the present beneficial owners of Franchisee or members of their immediate family, or between members of the same immediate family, or transfers to a trust, testamentary or otherwise, in which the June 27, 2018 - 61 - City of Hawaiian Gardens: Final Franchise Agreement beneficiaries are limited to members of the transferor's immediate family. A transfer of interests (on a cumulative basis) in the equity ownership and/or voting control of Franchisee in amounts less than Trigger Percentages shall not constitute a Transfer subject to the restrictions set forth herein. In the event Franchisee or its successor is a corporation or trust, such Transfer shall refer to the transfer of the issued and outstanding capital stock of Franchisee, or of beneficial interests of such trust; in the event that Franchisee or any general partner comprising Franchisee is a limited or general partnership or a limited liability company, such Transfer shall refer to the transfer of more than the Trigger Percentages in the limited or general partnership or limited liability company interest; in the event that Franchisee or any general partner is a joint venture, such Transfer shall refer to the transfer of more than the Trigger Percentages of such joint venture partner, taking all transfers into account on a cumulative basis.
10.3 Heirs and Successors
The terms, covenants and conditions of this Agreement shall apply to and shall bind the heirs, successors, executors, administrators, and assigns of the Franchisee and City.
10.4 Exceptions
The requirement to obtain City approval for a Transfer shall not apply to any of the following:
1. Any mortgage, deed of trust, sale/lease-back, or other form of conveyance for financing and any resulting foreclosure therefrom
11. A sale or transfer resulting from or in connection with a reorganization as contemplated by the provisions of the Internal Revenue Code of 1986, as amended or otherwise, in which the ownership interests of a corporation are assigned directly or by operation of law to a person or persons, firm or corporation which acquires the control of the voting capital stock of such corporation or all or substantially all of the assets of such corporation 111. A sale or transfer to an affiliate of Franchisee owned or controlled by the present beneficial owners of Franchisee or members of their immediate family, or between members of the same immediate family, or transfers to a trust, testamentary or otherwise, in which the beneficiaries are limited to members of the transferor's immediate family
ARTICLE 11: INSURANCE, INDEMNITY AND PERFORMANCE BOND
11.1 Insurance
Franchisee shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
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11.1.1 Comprehensive General Liability Insurance
A policy of comprehensive general liability insurance written on a per occurrence basis.
The policy of insurance shall be in an amount not less than either (i) a combined single limit of $2,000,000.00, or (ii) bodily injury limits of $1,000,000.00 per person, $2,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate.
11.1.2 Workers' Compensation Insurance
A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Franchisee and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Franchisee in the course of carrying out the work or services contemplated in this Agreement.
11.1.3 Automotive Insurance
A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $1,000,000.00 per person and $2,000,000.00 per occurrence and property damage liability limits of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate or (ii) combined single limit liability of $2,000,000.00. Said policy shall include coverage for owned, non-owned, leased, and hired cars.
11.1.4 Umbrella Insurance
Umbrella coverage to bring total aggregate insurance coverage for all underlying insurance coverage to TWENTY MILLION DOLLARS ($20,000,000.00)
11.1.5 General Insurance Provisions
All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees, and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days' prior ~ritten notice by registered mail to the City. In the event any of said policies of insurance are cancelled, the Franchisee shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 11.1 to the Chief Administrative Officer. No work or services under this Agreement shall commence until the Franchisee has provided the City with Certificates of Insurance Or appropriate insurance binders evidencing the above insurance coverage and said Certificates oflnsurance or binders are approved by the City.
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11.1.6 No Limitation
Franchisee agrees that the provisions of this Article 11 shall not be construed as limiting in any way the extent to which the Franchisee may be held responsible for the payment of damages to any persons or property resulting from the Franchisee's activities or the activities of any person or persons for which the Franchisee is otherwise responsible.
11.1.7 Rating
The insurance policies required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California rated All or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class IV or better, unless such requirements are waived by the Chief Administrative Officer of the City.
11.1.8 Primary Insurance
The insurance policies shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it. The insurance policies shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.
11.1.9 Changes in Market
In the event the Chief Administrative Officer determines that (i) the market conditions create an increased or decreased risk of loss to City, (ii) greater insurance coverage is required due to the passage of time or (iii) changes in the insurance industry require different coverages be obtained, Franchisee agrees that the minimum limits of any insurance policy required to be obtained by Franchisee may be changed accordingly upon written notice from the Chief Administrative Officer.
11.2 Indemnification
Without regard to the limits of any insurance coverage, Franchisee agrees to indemnify, defend with counsel appointed by the City, pay any fees or penalties caused by Franchisee's willful or negligent actions, and shall protect and hold hmmless the City, its representatives, officers, agents and employees against any and all fines, response costs, assessments, actions, suits, injunctive relief, claims, damages to persons or property, losses, costs penalties, 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, or other federal, state or June 27, 2018 - 64 - City of Hawaiian Gardens: Final Franchise Agreement local environmental statutes, ordinances and regulations which arise from this Agreement; (ii) the negligent performance of the work or services of Franchisee, its agents, employees, subcontractors, or invitees, provided for in this Agreement; (iii) the negligent acts or omissions of Franchisee hereunder, or arising from Franchisee'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 City, its representatives, officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its representatives, officers, agents or employees, who are directly responsible to the City, and in connection therewith:
1. Franchisee will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith
11. Franchisee 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 Franchisee hereunder; and Franchisee agrees to save and hold the City, its officers, agents and employees harmless therefrom
iii. In the event the City, its officers, agents, or employees is made a party to any action or proceeding filed or prosecuted against Franchisee for such damages or other claims arising out of or in connection with the negligent performance of or failure to perfonn the work or services of Franchisee hereunder, Franchisee 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 1v. Franchisee's obligations hereunder shall survive the termination or expiration of this Agreement
11.3 Performance Bond
The City requires the Franchisee to deliver to the City a performance bond in the sum of the amount of ONE MILLION DOLLARS ($1,000,000.00), in the form provided by the Chief Administrative Officer. Said performance bond shall guarantee Franchisee's faithful performance of waste hauling services under the auspices of this Agreement, including without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement. The bond shall be unconditional and remain enforce during the entire tenn of this Agreement and shall be null and void only if the Franchisee promptly and faithfully performs all terms and conditions of this Agreement. ·
11.4 AB 939 Guarantee and Indemnification
Without in any way limiting the indemnification prov1s10ns in Section 11.2 above, Franchisee unconditionally guarantees compliance with the requirements AB 939 as amended from time to time. Franchisee 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 June 27, 2018 - 65 - City of Hawaiian Gardens: Final Franchise Agreement amendments thereto, as more fully set forth below. City and Franchisee shall reasonably assist each other to meet the City's AB 93 9 diversion requirements. In carrying out the provisions of this Section, Franchisee agrees to perform the following obligations at its cost and expense:
1. Defend, with counsel approved by City, indemnify and hold harmless the City against all fines and/or penalties imposed by the Board, if Franchisee 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
11. Assist City in preparing for, and participating in, the Board's biannual review of the City's source reduction and recycling element pursuant to Public Resources Code Section 41825
111. Assist City in responding to inquiries from the Board in applying for an extension under Public Resources Code Section 41820, if so directed by City; in conducting any hearing conducted by the Board relating to AB 939; or in any other investigative or enforcement manner undertaken by any agency 1v. Defend, with counsel 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, excepting any fine or penalty imposed if City's failure to meet the Act's diversion requirements is the result of an order
v. In cooperating with the City, should it seek to become its own enforcement age_ncy, to the extent it may be permitted under state law
11.5 AB 939 Education
Franchisee and City shall jointly develop and implement a public awareness and education program that is consistent with the City's Source Reduction and Recycling Element ("CRRE") and its Household Hazardous Waste Element ("HHWE").
ARTICLE 12: GENERAL PROVISIONS
12.1 Late Payment Fee
City shall give Franchisee written notice of any delinquent payment of any sum owing to City by Franchisee under this Agreement. In the event that Franchisee does not pay City such delinquent sum within ten (10) days of the date of the written notice, Franchisee shall pay the City the pre-determined penalty of one and one and a half percent (1.5%) interest per month, or any fraction of a month, on the amount of delinquent sum commencing from the date such sum was originally due.
12.2 Rate Composition
During the Term of this Agreement, all franchise rates will be divided into two rate components: "Collection" and "Disposal". Such a "component" breakdown must be disclosed to the City within the initial rates for this Agreement and as part of any June 27, 2018 - 66 - City of Hawaiian Gardens: Final Franchise Agreement 1'
"-···
subsequent rate increase request by the Franchisee. Such collection components are not required to be listed in franchise rate sheets or included on billings to the Franchisee's customers.
12.3 Force Majeure
The time period(s) specified for performance of the provisions of this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Franchisee, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Franchisee shall within ten (10) days of the commencement of such delay notify the Chief Administrative Officer in writing of the causes of the delay; no extension of time for performance shall be granted, however, by reason of the unavailability of any Disposal Site or by reason of strikes, lockouts, or other labor disturbances, or breakage or accidents to vehicles, equipment, machinery or plants.
The Chief Administrative Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Chief Administrative Officer such delay is justified. In no event shall Franchisee be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Franchisee's sole remedy being extension of the Agreement which shall be an extension of one (1) month at the sole option of the Chief Administrative Officer. Any further extension shall require a new contract with amended and/or additional terms.
12.4 Notices
All notices, demands, requests, approvals, disapprovals, proposals, consents, or other communications whatsoever which this Agreement contemplates or authorizes, or requires or permits either Party to give to the other, shall be in writing and shall be sent by certified mail, postage prepaid, return receipt requested, addressed to the respective Party as follows:
If to Franchisee:
If to City:
June 27, 2018
Commercial Waste Services, Inc.
1530 Date Street
Montebello, CA 90640
Attn: Haik Petrosian
CITY OF HAWAIIAN GARDENS
Chief Administrative Officer
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
- 67 - City of Hawaiian Gardens: Final Franchise Agreement A copy to:
Alvarez-Glasman & Colvin
13181 Crossroads Parkway North Suite 400
Industry, Ca 91746
Attention: Arnold M. Alvarez-Glasman, City Attorney
or to such other address as either Party may from time to time designate by notice to the other given in accordance with this section. Notice shall be deemed effective on the date such notice is deposited in the United States mail.
12.5 Non-discrimination
Franchisee covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, sexual orientation, or ancestry in the performance of this Agreement.
Franchisee shall take affirmative action to ensure that applicants are employed and that employees are treated dl!ring employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin or ancestry.
12.6 Compliance with Immigration Laws
Franchisee agrees that, in the performance of this Agreement, it will comply with all applicable immigration laws and regulations.
12.7 No Liability of City Officials
No officer, employee or agent of the City shall be personally liable to the Franchisee, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Franchisee or to its successor, or for breach of any obligation of the terms of this Agreement.
12.8 Laws and Regulations
Franchisee shall observe all the terms of any City ordinance or resolution now in effect, or as the same may be subsequently adopted or amended by the City, governing or affecting the collection, removal and disposal of Municipal Solid Waste in the City of Hawaiian Gardens. Franchisee further agrees to comply with all applicable county, state or federal laws or regulations as they exist now or may subsequently be adopted or amended, governing the collection, removal and disposal of Municipal Solid Waste. Franchisee further agrees to comply with all applicable state and federal laws governing employment, wages, working conditions, use of materials, equipment, supplies and the like.
12.9 Proprietary Information: Public Records
The City acknowledges that a number of the records and reports of the Franchisee are June 27, 2018 - 68 - City of Hawaiian Gardens: Final Franchise Agreement proprietary and confidential. Franchisee is obligated to permit City inspection of certain of its records, as provided herein, on demand and to provide copies to City where requested.
City will endeavor to maintain the confidentiality of all proprietary information provided by Franchisee and shall not voluntarily disclose such proprietary information.
Notwithstanding the foregoing, any documents provided by Franchisee to City that are public records may be disclosed pursuant to a proper public records request.
12.10 Waiver of Existing Claims
In entering into this Agreement, the City and the Franchisee waive their respective rights to any claim, known or unknown, for damages or rights arising out of any previous Agreement, either written or oral. The Parties expressly understand and acknowledge that it is possible that unlmown losses or claims exist or that present losses may have been underestimated in amount or severity, and each said Party represents and warrants that this uncertainty was taken into account in determining the consideration to be paid for the giving of this Agreement, and that a portion of said consideration having been bargained for between the Parties with the knowledge of the possibility of such unlmown claims was given in exchange for full accord, satisfaction and discharge of all such claims. Franchisee specifically acknowledges that it is familiar with the provisions of California Civil Code Section 1542 which provides as follows:
''A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HA VE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
12.11 Waiver of Future Claims
No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other paiiy's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
12.12 Conflict of Interest
No officer or employee of the City shall have a11y financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial inter~st of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Franchisee warrants that it has not paid or given and will not pay or give any officer, official, employee or agent of the City any money or other consideration for obtaining this Agreement. If it is later discovered that Franchisee directly or indirectly influenced any party that had an interested in this June 27, 2018 - 69 - City of Hawaiian Gardens: Final Franchise Agreement agreement, Franchisee shall be subject to all penalties, fees, and enforcement actions identified in this agreement as well as any other legal or equitable actions City may have against Franchisee. In addition to any criminal or additional legal actions that any party may have against the Franchisee.
12.13 Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
12.14 Amendment: No Oral Amendments
It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. This Agreement is intended, in part, to carry out City's obligations to comply with the provisions of AB 939 and regulations promulgated thereunder, as amended from time to time. In the event that AB 93 9 or other state or federal laws or regulations enacted after this Agreement prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.
No other amendment of this Agreement shall be valid unless in writing duly executed by the Parties.
12.15 Severability
In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
12.16 Attorneys' Fees
If either Party to this Agreement is required to initiate or defend or is made by a party to any action or proceeding 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 also be entitled to, but not limited to: reasonable attorney's fees, and expert witness fees, etc.
12.17No Joint Venture
Neither the City nor any of its employees shall have any control over the manner, mode or June 27, 2018 - 70 - City of Hawaiian Gardens: Final Franchise Agreement means by which Franchisee, its agents or employees, perform the services required herein, except as otherwise set forth. Franchisee shall perform all services required herein independent from the City and shall remain at all times as to City a wholly independent entity with only such obligations as are consistent with that role. Franchisee shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Franchisee in its business or otherwise or a joint venture or a member of any joint enterprise with Franchisee.
12.18 Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
12.19 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
12.20 Jurisdiction and Venue
The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Agreement. The Parties further agree that Los Angeles County, California is the proper place for venue as to any such litigation arising out of the Agreement and Franchisee agrees to submit to the personal jurisdiction of such court in the event of such litigation.
12.21 Legal Action
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
12.22 Entire Agreement
This Agreement represents the full and entire Agreement between the parties with respect to the matters contained herein. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party.
June 27, 2018 - 71 - City of Hawaiian Gardens: Final Franchise Agreement \ '-···
12.23 Heirs and Successors
The terms, covenants and conditions of this Agreement shall apply to and shall bind the heirs, successors, executors, administrators and assigns of the Franchisee and City. [Signatures on Following Page]
June 27, 2018 - 72 - City of Hawaiian Gardens: Final Franchise Agreement IN WITNESS WHEREOF, the Paities hereto do hereby set their hands and seals as of the day and the year first written above.
ATTEST:
Title: f/ZES I De:rJT Title: ______ _
CITY OF HAWAIIAN GARDENS
CHIEF ADMINISTRA IVE OFFICER
old M. Alvarez-Glasman, City Attorney
June 27, 201 8 - 74 - City ofHawaiian Gardens: Final Franchise Agreement ., ... ·,.-i•':
CARSON PAlH
June 27, 2018
ATTACHMENT A: Hawaiian Gardens: City Bmmda:ries
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v
- 74 - City of Hawaiian Gardens: Final Franchise Agreement Attachment B- 1 through Attachment B-4: Maximum Permitted Rate Schedule Residential, Commercial, Multi-Family, Temporary
(Separate Attachment)
June 27, 2018 - 75 - City of Hawaiian Gardens: Final Franchise Agreement Attachment B: Maximum Permitted Rates Schedule
ATTACHMENT B-1: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
RESIDENTIAL SERVICES
Following are the rates for July 1, 2018 through June 30, 2020:
Monthly Residential Cart Service Rates*
Standard Service includes: One 96-gallon refuse, One or more 96-gallon recycling, and up to Two 64-gallon green waste Carts.
Monthly Quarterly
Standard Service $12.01 $36,03
Low-Income Senior Rate (1) $10.81 $32.43
Additional Refuse Cart - above one (96-gallon) $8.00 $24,00 Additional Refuse Cart - above one (64-gallon) $6.00 $18,00 Additional Green Waste Cart - above two (64-gallon) $4.00 $12.00 Optional Residential Organics Recycling (SB 1383) ( 32 gallon) $8.00 $24,00 Other Residential Cart Rates and Services* (Charged in Addition to Cart Service Rates) Valet Service - Authorized Disabled Customers Only
Additional Special Overage Pickup for Automated Cart Customers (in excess of two pickups per year}
Additional Bulky-Waste Pickup for Automated Cart Customers -- 52 pickups/1 Year *Including all City fees.
No
Charge
$4.50
$0
(1) Low-income 10% Senior rate discount includes one 64-gallon refuse cart, plus one 64-gallon recycling and one 64-gallon green waste cart.
*Optional Non-Franchise Extra Scope Quarterly Fee Annual Fee Citywide Quarterly Clean-up Program Free Free
*See Section 1.4 for Program Description
City of Hawaiian Gardens -April 2018
ATTACHMENT B -2.: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
COMMERCIAL SERVICE
FOLLOWING are the rates for July 1,2018 through June 30, 2020 Standard Commercial Service Number of Collection Per Week Container Type Size 1 2 3 4 5 6 7 Addtional Pk-up's (Same Day) 96-Gallon Containers $ 37.40 $ 60.50 $ 84.70 $ 108.90 $ 132.00 $ 167.00 $ 225.00 $35 1 Cubic Yard bin $ 62.70 $ 95.70 $ 144.70 $ 183.70 $ 224.40 $ 265.10 $ 314.60 $45 2 Cubic Yard bin $ 73.70 $ 122.10 $ 169.40 $ 216.70 $ 265.10 $ 312.40 $ 371.80 $50 3 Cubic Yard bin $ 110.00 $ 167.20 $ 226.00 $ 286.00 $ 354.20 $ 405.90 $ 469.80 $55 4 Cubic Yard bin $ 165.00 $ 260.00 $ 358.00 $ 453.00 $ 572.00 $ 669.40 $ 789.00 $65 6 Cubic Yard bin $ 198.00 $ 310.20 $ 408.10 $ 503.80 $ 622.60 $ 719.40 $ 839.30 $65 Compacting 30+/-Cubic Yard Box $600/Service up to 9 Tons - $65/Ton after Standard 40 Cubic Yard Box $SOD/Service up to 7 Tons -- $65/Ton after Standard 10 Cubic Yard Box $440 Concrete, Dirt, Sand, Granite, and Bricks Locking Bin (Extra Bin) $ 5.00 $ 7.50 $ 10.00 $ 12.50 $ 15.00 $ 17.50 $ 22.50 NONE ATTACHMENT B-3: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
Multi-Family Services
Following are the rates for July 1, 2018 through June 30, 2020:
Standard Multi-Family Services Number of Collections Per Week Container Type/Size 1 2 3 4 5
96-Gallon Containers (Residue) $12.01 $18.26 $24.74 $31.23 2 Cubic Yard Bin (Residue) $73.70 $122.10 $169.40 $216.70 3 Cubic Yard Bin (Residue) $110.00 $167.20 $226.00 $286.00 96-Gallon Containers (Extra Residue Cart) $8.00 $12.16 $16.48 $20.80 Recycling- 3 Cubic Yard Bin (Comingled) $30.00 $45.60 $61.80 $78.00 Green Waste - 3 Cubic Yard Bin (AB 1826) $65.00 $98.80 $133.90 $169.00 Locking Bin $5.00 $7.50 $10.00 $12.50
Extra Dump Charge (2 & 3 c.y. Bin) $SO/Extra Dump 2 Y.D. -- $55/Extra Dump 3 Y.D.
On-Call Bulky Item Collection
On-Call E-Waste and U-Waste Collection
$38.67
$265.10
$354.20
$25.76
$96.60
$209.30
$15.00
Additional Pickups
(Same Day)
$4.50
$50.00
$55.00
$4.50
$3.50
$4.00
ATTACHMENT B-4: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
TEMPORARY BIN/BOX SERVICE
Following are the rates for July 1, 2018 through June 30, 2020:
Standard Temporary Bin/ Box Service Charge
Container Type/Size Pickup/Delivery Per Dump *Overweight Daily rental after 7 days Charge Charge Charge Per Ton without dumping
3 Cubic Yard Bin $100.00 $85.00 N/A Free
10 Cubic Yard Box $150.00 $300.00 $65.00 $5.00
30 Cubic Yard Compactor $150.00 $150.00 $65.00 $5.00
40Yard Box $150.00 $350.00 $65.00 $5.00
Dead Run
charge
$75.00
$150.00
$150.00
$150.00
ATTACHMENT C: Special City Events/City Facilities
Contractor shall provide solid waste collection services at special city events, as provided in the following list, at no cost. The city currently has twelve (12) special events per year.
Contractor may be required to provide cardboard box litter receptacles and plastic liners for certain events. Contractor will provide rolloff boxes and/or conm1ercial bins for the collection of waste at each event. City staff will be responsible for placing the waste in the collection bins or boxes. All collected waste will be processed at a MRF for optimum recycling.
CURRENT SPECIAL ANNUAL EVENTS
1) Safe Community Month
2) Easter Egg Hunt
3) Carnival & Parade
4) Independence Day Celebration
5) Car Show
6) National Night Out
7) Robert Canada Friendship Pow Wow
8) 3KFunRun
9) Halloween Program
10) Veterans Day Ceremony
11) Christmas Tree Lighting
Public Safety/Library
Lee Ware, MAOF Pre-School
June 27, 2018
Address
21815 Pioneer Blvd.
I Size
3 c.y.
. 3 c.y.
i 3 c.y . . '''('"'··················· .
! 3 c.y.
Material
Waste
Waste
- 76 - City of Hawaiian Gardens: Final Franchise Agreement ATTACHMENT D: GOOD CORPORATE CITIZEN STATEMENT
1. Good corporate citizens enhance Hawaiian Gardens through employment practices:
• Hire Hawaiian Gardens residents when possible
• Provide training and promotion opportunities for all workers • Provide adequate wages and benefits
• Provide safe, clean, and healthy work environment
• Provide family friendly benefits that support family life such as maternity/paternity leave, child care and day care
2. 2. Good corporate citizens enhance Hawaiian Gardens through enviromnental responsibility:
• Use Hawaiian Gardens sources for goods
• Minimize use of resources
• Used recycled content products wherever possible
• Use energy efficient systems
• Support opportunities for employees to use car pools/public transportation
3. 3. Good corporate citizens enhance Hawaiian Gardens through excellent customer service practices:
• Being responsive to Hawaiian Gardens residents' complaints • Being courteous and helpful
• Being bi-lingual
• Extending a helping hand to the seniors and handicapped
4. Good corporate citizens enhance Hawaiian Gardens through financial practice:
• Purchase supplies locally
• Supp01i Hawaiian Gardens youth teams, local schools, and community organizations. • Support volunteerism and community involvement by employees • Support and participate in Hawaiian Gardens community events June 27, 2018 - 77 - City of Hawaiian Gardens: Final Franchise Agreement Attachment E: Contractor Submittals
[City to provide from bid submittal]
June 27, 2018 - 78 - City of Hawaiian Gardens: Final Franchise Agreement
COMMERCIAL WASTE SERVICES
SOLID WASTE AND RECYCLING COLLECTION SERVICES
RFP NO. 2018-002
APRIL 23, 2018
( COMMERCIAl]
April 23, 2018
City of Hawaiian Gardens
21815 Pioneer Blvd .
Hawaiian Gardens, CA 90716
Recycling• Waste Collection
Since 1946
Commercial Waste Services is honored to submit its proposal per your request in consideration to provide exclusive waste removal and recycling services for the city of Hawaiian Gardens. We are a highly reputable and well-respected locally based company, our experience coupled with our ability to provide excellent customer service at a competitive rate will indicate Commercial Waste Services is the best company to meet the needs of your city.
Commercial Waste Services is a fourth generation family owned and operated company. We believe in putting our customers first, providing them with personalized service, while minimizing any issues on a professional level. Commercial Waste Services is constantly energized in communicating our latest ideas on how to ensure customer satisfaction. One such innovation we take pride in is our 24-hour a day 7 day a week customer telephone support services; staffed with live receptionists standing by to answer any questions and immediately address any requests a customer may have.
Although our proposal contains an in depth description of all the ways in which Commercial Waste Services can be of benefit to the city of Hawaiian Gardens we have provided an overview of our proposal below.
❖ $10,000 Annual Contributions in scholarships to Hawaiian Gardens residents who seek higher education.
❖ 4 Free Community Bulky Item Cleanup events
❖ Local office to Hire Hawaiian Gardens Residents and allow the city to capitalize on income from purchases made for the implementation of the contract.
❖ A Commercial Waste Services Recycling coordinator will be in charge of ensuring that we maintain our 70% recycling rate and compliant with the AB341 requirements. ❖ We offered a performance bond of $1,000,000.00 exceeding any other proposer. ❖ Backyard composting classes to businesses and residents in the City of Hawaiian Gardens ❖ 2 Free annual shred events
❖ We offered 52 Bulky item pickup services per year for each resident of the City of Hawaiian Gardens.
❖ We offered 12 Bulky item pickup services per apartment complex for the city of Hawaiian Gardens
800-947-8224 • 1530 Date Street • Montebello, CA 90640
CWRServices.com
Commercial Waste Services has taken the steps necessary to verify the number of homes, businesses, multi-family residences, containers, routes, tonnage volumes, and collection area in preparation of the submitted proposal. Commercial Waste Services has reviewed the entire Request for Proposal including Attachments A-F inclusive of the Draft Franchise Agreement and takes no exceptions. Commercial Waste Services will provide a check in the amount of one hundred thousand dollars ($100,000.00) within thirty (30) days upon execution of Franchise Agreement (Effective Date). Commercial Waste Services also agrees to remit 10% of annual gross receipts to the City of Hawaiian Gardens.
Commercial Waste Services consists of a team of experts who have been in the refuse business for 72 years. We guarantee the city of Hawaiian Gardens will receive the best service at the most competitive price.
Regards
Haik Petrosian
Commercial Waste Services
1165 S Maple Ave
Montebello, CA 90640
(323) 718-0959
[email protected]
TABLE OF CONTENTS
1.A. TITLE PAGE #
1.8. COVER LETTER #
1.C. TABLE OF CONTENTS #
1.D. BUSINESS STRUCTURE 1
2. EXPERIENCE QUALIFICATIONS 2-5
3. REFERENCES 6
4. ORGANIZATION AND STAFFING 7-16
5. BACKGROUND 17
6. WORK PLAN 18-32
7. DISPOSAL AND MRF FACILITIES 33-38
8. SCHEDULE OF SERVICE 39-40
9. EQUIPMENT LIST 41
10. EMPLOYEE AND SAFETY TRAINING 42-87
11. IMPLEMENTATION PLAN 88-95
11.B. ORGANIC WASTE PROGRAM 96-99
12. CUSTOMER SERVICE 100-102
13. FINANCIAL STATEMENT CONFIDENTIAL ATTACHED SEPERATLY
14. INSURANCE REQUIREMENTS 103
15. PAST PENDING LITIGATION 104
16. GUARANTEES AND SURETIES 105-107
17. STATEMENT OF COMPLIANCE 108
18. ENHANCEMENTS 109-110
CITY MAP ATTACHMENT A
MAXIMUM PERMITTED RATES SCHEDULE ATTACHMENT B
SPECIAL CITY EVENTS/ CITY FACILITIES ATTACHMENT D
GOOD CORPORATE CITIZEN STATEMENT ATTACHMENT E
DRAFT FRANCHISE AGREEMENT ATTACHMENT F
WORK PLAN & METHODOLOGY ATTACHEMENT G (SEE SECTION 6)
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION RECORDS ATTACHMENT H
BIT INSPECTION ATTACHMENT I
BIN SPECIFICATION ATTACHMENT J
FACILITY RELATIONSHIPS ATTACHMENT K
LETTER OF FUNDING ATTACHMENT L
LETTERS OF REFERENCE ATTACHMENT M
1.D. Business Structure
l.D. Business Structure
I. Commercial Waste Services, Inc.
II. S type Corporation
Aron Petrosian and Haik Petrosian are open in signing personal guarantees to secure bid.
Ill. May 1, 1946
IV. Aron Petrosian
V. Aron Petrosian - CEO
Haik Petrosian - COO
Ashley Mehrabi - CFO
VI. 1165 S Maple Ave
Montebello, CA 90640
VII. Commercial Waste Services plans on opening a local office within Hawaiian Gardens city limits. This will allow the City of Hawaiian Gardens to capitalize on sales tax from the purchase of equipment. This location will also need office staffing where we will prioritize City of Hawaiian Gardens residents. We will also recruit drivers from this location that will be convenient for City of Hawaiian Gardens residents to apply.
City of Hawaiian Gardens - April 2018
1 2. Experience and Qualifications
2. Experience and Qualifications
Commercial Waste Services has been collecting solid waste, recyclables and green waste from residential and commercial premises since 1946. It is a 4th generation company that puts customer service first.
Commercial Waste Services had the privilege to serve the City of Malibu starting in 1995 through 1999.
More currently, we service many mixed properties throughout the County of Los Angeles, which involve commercial businesses that use standard commercial containers along with condominiums using the standard 96 gallon waste and recycling containers. For reference, we have attached a letters of recommendation from property managers from various multi residential sky rises, housing thousands of people across the Greater Los Angeles area.
Our expertise extends from our impeccable customer service to our impressive safety programs. Our loss runs are indicative of our minimal incidents in regards to accidents and property damage claims, as well as our spotless BIT inspection records from the California Highway Patrol.
Staff experience that will directly oversee the Hawaiian Gardens operations Aron Petrosian: 47 Years of Experience owning operating companies providing waste and recycling services throughout Southern California
Ruben Hernandez: 37 Years of inspecting refuse vehicles for the California Highway Patrol.
Jake Michaelian: 36 Years of Experience dispatching and acting as a operations manager for multiple companies including Republic services
Ramon Alcantera: 34 Years of Experience in waste industry including route supervisor and customers service liason for multiple companies including Republic Services Chip Clements: 31 Years of Experience in the waste industry. Has developed over 300 waste/recycling facilitys throughout California.
Haik Petrosian: 15 Years of Experience in waste industry management including development of a C&D facility
Alfredo Torres: 12 Years of Experience in the waste industry 5 as a customer service manager Roxy Petrosian: 10 Years of Experience in the waste industry managing office staff and customer service to ensure quality.
Total years of waste experience to manage Hawaiian Gardens operations= 186 Years Commercial Waste has the experience and the willingness to easily surpass current services and programs in the City of Hawaiian Gardens. Listed below are two charts the first showing a list of cities Commercial Waste currently service the second chart shows a list of school districts and community colleges that currently utilize our services.
City of Hawaiian Gardens -April 2018 2
2. Experience and Qualifications
r City Name
r
Service Period Types of Services Type of Contract
Provided J City of Hawaiian Gardens Serviced: 2016 - 2021 CDBG Exclusive Bulky Item Cleanup
Residential Cleanup
City of Montebello Serviced: Services: Non-Exclusive Permit 1700 W Victoria Ave 1946 through Present Roi/off, Front Load, System Montebello, CA 90640 Automated.
Francesca Tucker- Residential, Multi-Family,
Schuyler Commercial, Industrial
323-887-1200 and Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
County of Los Angeles Serviced: Services: Non-Exclusive Permit PO Box 7437 1946 through Present Roi/off, Front Load, System Alhambra, CA 91802 Automated.
Neonika Walker Residential, Multi-Family,
626-458-6990 Commercial, Industrial
and Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
City of Burbank Serviced: Services: Non-Exclusive Permit 500 S Flower St Burbank, 1984 through Present Roi/off, Front Load, Multi- System CA 91502 Family, Commercial,
Kreigh Hampel Industrial and
818-238-3900 Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
City of Glendale Serviced: Services: Non-Exclusive Permit 540 W Chevy Chase Dr. 1981 through Present Roi/off, Front Load, Multi- System Glendale, CA 91204 Family, Commercial,
Tom Brady Industrial and
818-552-2870 Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste - ---- City of Commerce Serviced: Services: Non-Exclusive Permit 2535 Commerce Way 1946 through Present Roi/off, Front Load, System Commerce, CA 90040 Multi-Family,
Linda Wright Commercial, Industrial
323-722-4805 and Construction. Waste
collection, Comingled
recycling, C&D recycling,
- -'- green waste -- - ---
City of Hawaiian Gardens -April 2018
3 City of Torrance
3031 Torrance Blvd
Torrance, CA 90503
Susanne Bittman
310-781-6900
City of Santa Monica
2500 Michigan Ave
Santa Monica, CA 90404
Gustavo Guzzetti
310-458-8739
City of El Segundo
350Main St
El Segundo, CA 90245
Roger Groman
310-524-2317
City of Bell Gardens
8327 Garfield Ave.
Bell Gardens, Ca 90201
Veronica Sanchez
562-806-7770
Serviced:
1989 through Present
Serviced:
1990 through Present
Serviced:
1994 through Present
Serviced:
2015 through Present
City of Hawaiian Gardens -April 2018
2. Experience and Qualifications
Services:
Roi/off, Front Load, Multifamily, Commercial,
Industrial and
Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
Services:
Roi/off, Front Load, Multifamily, Commercial,
Industrial and
Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
Services:
Roi/off, Front Load, Multifamily, Commercial,
Industrial and
Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
Services:
Roi/off, Front Load, Multifamily, Commercial,
Industrial and
Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
Non-Exclusive Permit
System
Non-Exclusive Permit
System
Non-Exclusive Permit
System
Non-Exclusive Permit
System
_J
4 2. Experience and Qualifications
Name T Address Contact Phone# r Email
Pasadena City 1570 E Colorado Sara Flores 626-375-4212 [email protected] College Blvd
Pasadena, CA 91106
Norwalk La Mirada 12820 Pioneer Blvd Cindy 562-868-0431 [email protected] Unified School Norwalk, CA 90650 Jimenez X2047
District
Little Lake City 10515 S Pioneer Manuel 562.868.8241 [email protected] School District Blvd. Correa Ext. 2248
Santa Fe Springs, CA
90670
I Whittier Un ion High 9401 S Painter Ave Beverly 562-698-8121 Beverly. Tory@ WU HSD. ORG School District Whittier, CA 90605 To ry X1105 I
I
Duarte Unified 1620 Huntington Dr. Ermias 626-599-5042 [email protected]_ l School District Duarte, CA 91010 Bitow Rio Hondo College 3600 Workman M ill George 562-463-7594 [email protected] Wh ittier, CA 90601 Lopez
Compton 1111 E Artesia Blvd. Linda 310-900-1600 [email protected] I Community College Compton, CA 90221 Owens Arcadia Unified 150 S. 3rd Avenue Jaime 626-821-6620 [email protected] Arcadia, CA 91006 Morales
Citrus Community 1000 West Foothill Robert (626) 914-8888 [email protected] truscolleg_e. edu 7 College Blvd. Iverson Glendora CA 91741 ---I
Cerritos College J 11190 Alondra Blvd Luz 562-860-2451 LOcampo@Cerritos. Edu Norwalk, CA 90650 Ocampo x2307 --~
City of Hawaiian Gardens -April 2018 5
3. References
3. References
CWS has provided a list of 10 Cities that have been serviced with pride and quality. As well as a list of 10 community colleges and school districts. Below is a list of 3 business that CWS has provided quality services to. In addition to contact information the 3 references have also provided letters of references located in Attachment M.
Organization Contact Name Contact Phone Number
Re Planet Antonio Padilla 951-531-5716
LA Dumpster Rental Robert O'Neill 213-279-5046
Little Tokyo Public Safety Brian Kita 213-613-1911
Association
6 City of Hawaiian Gardens -April 2018
N
a
I->
Oo
Key Employee Contact
Name Title
Aron Petrosian Chief Executive Officer
Haik Petrosian Chief Operating Officer
Ashley Mehrabi Chief Financial Officer
Jake Michaelian Management Supervisor
Rudy Bermudez Governmental Affairs
Debra Gonzalez Operations Manager
Ruben Hernandez Safety Supervisor
Roxy Petrosian Office Supervisor
(Dedicated to HG)
Alfredo Torres Field Customer Service
Manager
Ramon Alcantera Field Manager
Isreal Ortega Fleet Maintenance
Manager
Cindy Liles Organic Waste Specialist
Email
[email protected]
[email protected]
Ashle!'[email protected]
[email protected]
Rud!'[email protected]
[email protected]
[email protected]
Rox!'[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Phone Role
(213) 216-1779 City Contact and negotiator for
contractual affairs
(323) 718-0959 Coordinates community outreach
and educational programs
(323) 728-9554 Directs financial planning and
computer systems provides
financial resources
(323) 728-9554 Dispatches drivers and overlooks
route completion
(323) 728-9554 Oversees government affairs and
any public relations issues.
(323) 728-9554 Manages the collection routes
and assists in dispatching drivers.
(323) 728-9554 Overseas all safety matters
involving CWS employees
(323) 728-9554 Manages all customer service
issues that are called in to the
office ensuring customer
satisfaction
(323) 728-9554 Manages all customer service
issues with site visits to ensure
customer satisfaction
(323) 728-9554 Manages Commercial Waste
Employees in the field to
streamline efficiencies
(323) 728-9554 Oversees mechanical
maintenance
for fleet vehicles.
(818) 267-5100 Implement and Oversee the
Organic Waste Program
4. Organization and Staffing
4. Organization and Staffing
Aron Petrosian: Chief Executive Officer
Mr. Petrosian's solid waste experience traces back decades with the inception of Commercial Waste Services. Mr. Petrosian has spent the last thirty years applying his visionary diversion programs to complex business and other various commercial environments that demand expedience and efficiency. The longevity of Mr. Petrosian's career envelopes innovation and a consistency that has allowed many to use his achievements in solid waste and recycling as a benchmark for successful business practices.
One of the hallmarks of Mr. Petrosian's career was the careful and calculated handling of the Malibu solid waste franchise in 1996-2000. A highly trafficked and socially vibrant community known for its meticulous standards, the City of Malibu demanded attention to detail and a unique system of operation that would enable all visiting and permanent residents to be active participants in a variety of waste and recycling programs no matter where their property was situated at. The result was a seamless franchise contract roll out that allowed residents to receive uninterrupted service at reasonable operating times while still remaining committed to city ordinances and preserving the socially prominent culture of the community.
As a well-respected individual in the waste management industry, Mr. Petrosian utilized his hands on approach to tackle any questionable service issue beforehand by meeting with HOA boards, business owners and management companies in order to address and resolve and thus prevent interruptions in service. Each situation was further personalized by addressing each and every inquiry made by constituents during the entire duration of the contract thus maintaining the standards of the community.
Duties and Responsibilities
Mr. Petrosian serves as the CEO for Commercial Waste Services and will be responsible for compliance with all government rules and regulation regarding environmental compliance, required reports, fees and collection requirements. Mr. Petrosian will be responsible for ensuring both the preparation and delivery of all requested documentation by the City pertaining to the company. He will also be responsible for coordinating all financial documents with the CFO and corresponding with the CEO on all City related and operational matters.
City of Hawaiian Gardens - April 2018 8
4. Organization and Staffing
Haik Petrosian: Chief Operating Officer
Haik Petrosian brings nearly 10 years of experience to the Commercial Waste Services Management team .
He is an experienced staff member specializing in bringing innovations to the waste industry, specifically in the areas of operation, equipment allocation, personnel management, route structuring, vehicle scheduling, collection technique, rate structure and financial management. He has gained this valuable experience from learning about the business from the ground up. From his start in the company, working side by side with his father, Aron Petrosian, Haik has assisted in growing the business and expanding to new methods in waste disposal and recycling. He began his career the way most professionals do, at the bottom. Haik began as a Scout Truck Operator, then as a Front-Loader Operator and a Roll-Off Driver. He continued his success by understanding how the business works on the field. As a Route Manager, Safety Manager, Customer Service and Sales Representative, Mr. Petrosian has been involved in all aspects of the waste and recycling business . Having been born into the family who began the business in 1946, Haik currently operates one of the most reliable refuse and recycling operations in Southern California.
At this point in time, Haik is the point of contact for any and all automotive maintenance issues underway at Commercial Waste Services. His experience in automotive technological advances provides him with the leverage he needs to keep Commercial Waste Services ahead of the curve in waste and recycling advances. As a long-time supporter of environmentally conscious innovation, Haik Petrosian is well aware of the changes that have been put in place in the trucking industry and has been actively preparing Commercial Waste Services for them incorporating fully updated CNG fleet into current route distribution .
Duties and Responsibilities
Mr. Petrosian will be responsible for any and all public relation obligations and will be representing Commercial Waste Services at all City meetings effectively functioning as the City contract manager. Mr. Petrosian will assign, direct and administer the provisions of the contract agreement to the satisfaction of the City and to oversee the collection procedures as stipulated by the proposal. Moreover, Mr. Petrosian will assure that the proper equipment is ready and available for timely implementation, that his entire staff is properly trained, and that the collection methods described in this proposal are implemented as intended and as proposed.
City of Hawaiian Gardens -April 2018 9
4. Organization and Staffing
Ashley Mehrabi: Chief Financial Operator
Mrs. Mehrabi has developed the financial well-being of the company by providing annual projections and accounting services, preparing growth plans and advising in staff direction. Mrs. Mehrabi aids in developing finance organizational strategies by contributing financial and accounting information, analysis and recommendations to strategic thinking and direction . By establishing functional objectives in line with organizational objectives, Mrs. Mehrabi is able to project acquisition and expansion prospects for Commercial Waste Services to expand its areas of operation. Additionally, Mrs. Mehrabi experience has given her the necessary edge to identify opportunities for improvement, cost reduction, and systems enhancement as well as accumulating capital to fund expansion .
Having grown up in a family invested in the waste industry, Mrs. Mehrabi is accustomed to the business in all aspects allowing her to properly perform her duties. Assisting in web editing and overseeing any document distribution to ensure accuracy and completeness, Mrs. Mehrabi has been able to maintain the integrity of Commercial Waste Services and translate the standards by which we operate through text.
Duties and Responsibilities
Mrs. Mehrabi will be responsible for ensuring that the financial commitments for all vehicles, educational materials, equipment, carts, bins and vehicles are ready prior to contract start date. She is responsible for preparing the final cost estimates identified in the RFP and the financial requirements outlined in the City's RFP.
Mrs. Mehrabi works with Commercial Waste Service's outside accountants, financial institutions, insurance companies, bonding firms and vendors to ensure that all contractual or contract requirements are met prior to and during the life of the contract.
City of Hawaiian Gardens -April 2018 10
4. Organization and Staffing
Jake Michaelian: Management Supervisor
Mr. Michaelian is the nucleus of the Operations Department. As the Management Supervisor his energetic presence in the operation makes Commercial Waste Services a 24 hour response team . By fielding calls from high profile accounts off site as well as during office hours over the phone, Mr. Michaelian has firmly established Commercial Waste Services as a hauler that meets service time guarantees for its roll off and construction & demolition accounts, accommodating film and television schedules in a professional manner.
By maintaining a selected network of refuse operators at hand, Mr. Michaelian is able to dispatch a driver at all hours in order to meet the time sensitive demands of entertainment industry accounts maintained by COO Haik Petrosian. With a lengthy corporate background in the industry, Mr. Michaelian brings his dedicated manner to the entire Commercial Waste customer base which has earned his esteem as the most reliable dispatcher in the solid waste industry.
In addition to fulfilling the scheduling of all roll off, commercial, and residential service orders, Mr.
Michaelian is also skilled at handling a wide range of services related and billing inquiries with a keen knowledge for resolving service issues in a timely and respectful manner.
Duties and Responsibilities
In addition to interacting closely with the CEO, Mr. Michaelian will report directly to the Operations Manager of any potential service interruptions and function as a utility when communicating information regarding all service accounts to the appropriate department. Mr. Michaelian will send and receive all radio calls and relay pertinent information in real time to all designated parties .
City of Hawaiian Gardens -April 2018 11
4. Organization and Staffing
Rudy Bermudez: Government Affairs
Mr. Rudy Bermudez is a well-seasoned government representative who has accomplished many feet for the people. As a elected State Assemblyman in 2002, which included portions of Los Angeles and Orange Counties, as well as the cities and communities of Norwalk, Artesia, Buena Park, Cerritos, Hawaiian Gardens, Lakewood, Los Nietos, Santa Fe Springs, South Whittier, Whittier and West Whittier. Mr. Bermudez worked to improve education at various levels of degrees and promoted public safety. His qualifications as an Assemblyman arise from his previous work for over 30 years in law enforcement as a Parole Agent with the Department of Correction. In addition to such large scale work, Mr. Bermudez served on the Norwalk City Council from 1999-2002, and was a member of the Norwalk-La Mirada School Board for eight (8) years.
A native Angelino, Mr. Bermudez is a graduate of the University of California at Los Angeles (UCLA) with a bachelor's degree in sociology. He also received his master's degree in Public Administration from California State University at Long Beach (CSU LB). Mr. Bermudez has a longstanding history of working with our community's youth as well as his connections with minority groups in the surrounding Los Angeles area. More specifically, Mr.
Bermudez had been involved with environmentally friendly advancements to help improve our way of living in such as industrial city. His efforts did not go unnoticed as he decided to focu s on the waste removal concerns and develop a working relationship with Commercial Waste Services.
The Petrosian family hired Mr. Bermudez to revitalize Commercial Waste Services into one of the most vibrant and intrepid solid waste operators in Southern California. Mr. Bermudez oversees the development of environmental sustainability programs and policies; his responsibilities also include project management, educational outreach, government affairs and marketing, communication . He works closely with cities schools, and businesses to create educational material and site specific recommendation . She also assists in the placement of hard to recycle items either through reuse or specializing recycling options.
Mr. Bermudez works directly in all operational areas of the business, although he now allocates a large percentage of his schedule to outside function s such as public relations and participation in civic and service organizations, including Chambers of Commerce, School Districts, etc.
Duties and Responsibilities
Mr. Bermudez will be responsible for ensuring the public image of Commercial Waste Services remains upheld and the relationships developed with the City Council members remain strong. By maintaining such ties with the City, Mr. Bermudez is able to guarantee a professional transmission between the City and Commercial Waste Services, through which any complaints or issues can be resolved in a timely manner.
City of Hawaiian Gardens -April 2018 12
4. Organization and Staffing
Ruben Hernandez: Safety Coordinator
Mr. Hernandez began his career working as a mechanic specia lizing in Diesel, Electrical and Air Conditioning with the Greyhound bus Lines for 10 years . He used the skills he learned there to work with the California Highway Patrol (CHP) for 37 years as a motor carrier specialist. While working with the CHP, Mr.
Hernandez was responsible for auditing hazmat material shippers and transporters for compliance with the California and Federal regulations . As such, Mr. Hernandez is a certified federal and state instructor of hazmat transportation for bulk and non-bulk materials and a cargo tank instructor. He was also a field training officer from 1985 - 2017. From 2003 - 2015, he performed new entrant safety audits for the Federal Motor Carriers' Safety Association. He was responsible for performing field investigations (Fatal accident and reconstruction) for the Department of California Highway Patrol. He has also been certified to inspect al l school buses, transit vehicles, SPAD buses, youth buses and general public paratransit vehicles.
Mr. Hernandez's current duties with Commercial Waste Services are to oversee the staff mechanics to ensure that proper maintenance is conducted . He is also monitoring the safety programs to meet and/or exceed CHP and local law enforcement standards . As part of the safety program, Mr. Hernandez has assisted in the implementation of a drug and alcoho l program to conduct random drug tests . He reviewed drive cam events and reviews driver violations and other areas of concern with each respons ible driver individually. Following his inspection and review, Mr. Hernandez instructs drivers how to properly inspect their vehicles when conducting mandatory pre and post-trip inspections to ensure any potential issues are reported in a timely manner. He manages our "lock-out tag-out" program, which ensures that vehicles in need of service are not used. Each vehicle must pass through our "road worthy" inspection after all necessary repairs are made to ensure that all mechanical issues have been corrected prior to use.
Mr. Hernandez has been a great addition to our team in the more recent years and has remained instrumental in keeping Commercial Waste Services at the top of our class in regards to regulatory agency standards for mechanics and safety.
City of Hawaiian Gardens - April 2018 13
4. Organization and Staffing
Alfredo Torres: Customer Service Manager
Mr. Torres works directly with clients to ensure their satisfaction. His relatable skills allow him to navigate as a prominent member of Commercial Waste Services as the Customer Service Manager. Maintaining the standards set by his superiors, Mr. Torres brings nearly 10 years of experience in customer service and account management to the company. His calm and collected demeanor allows timely manner. Working directly with the Operations Manager and Field Manager, Mr. Torres's communication ski lls maintains a professionally necessary alliance to address any questionable invoices beforehand allowing for an efficient billing structure.
A steady maintenance of all customer service inquiries and billing reports allows Mr. Torres to survey the amount of calls received and the time required to resolve them as well as analyze and implement resolutions and solutions to these reports. Mr. Torres is responsible for the recruitment, training, and development of all customer service representatives and is aware that the agreement with the City requires an additional representative to ensure adequate coverage before the collection begins and throughout the term of the agreement.
Duties and Responsibilities
Mr. Torres will be responsible for all aspects of the Customer Service Department including maintaining a qualified and appropriate level of staff to meet the demands of the entire Commercial Waste Services customer base. In addition to staffing bilingual representatives in Spanish, Mr. Torres will continue to conduct monthly customer service meetings and quarterly training seminars on the topics of customer service satisfaction and techniques to address inquiries of all types with poise and professionalism.
City of Hawaiian Gardens -April 2018 14
4. Organization and Staffing
Ramon Alcantera: Field Manager
Mr. Alcanera has been in the waste industry since a very young age. He continues to maintain his credible reputation as a dependable refuse operator, respected route auditor and a trusted Field Manager. Mr. Alcanera has conducted implementation of waste and recycling services for the Athens district located in the Unincorporated County of Los Angeles as well as the City of West Hollywood. Mr. Alcanera's Duties also included supervising and training of all residential and commercial refuse operators as well as answering customer inquiries on the field. Mr. Alcantera raises the bar in customer service satisfaction.
The completion of both residential and commercial routes in a safe and timely manner is the chief responsibility of Mr. Alcanera with special attention to maintaining a strong and productive relationship with constituents, members of the community and all Los Angeles area code enforcement officials. Moreover, Mr.
Alcantera serves to maintain the above standard safety record of Commercial Waste Services by frequently surveying the routes in which his refuse operators serve and sustaining a fully operating gleet of vehicles at all times.
Duties and Responsibilities
Mr. Alcantera will be responsible for assisting in the implementation of the City's collection program as proposed by Commercial Waste Services. He will Assist in training refuse operators, map & route commercial, Mu It-family, and residential collection locations, initiate collection procedures, and physically monitor collection for the first 90 days or sooner. Mr. Alcantera will report directly to the operations manager to ensure that all collection and safety procedures are being followed to the letter of the agreement.
Mr. Alcantera will also be responsible for the design, implementation, and daily oversight of recycling programs proposed including curbside recycling, green waste, manure, commercial recycling, environmental waste, bulky item diversion, school recycling, and other required diversion programs. Mr. Alcantera will direct a staff of recycling personnel specifically trained in the private industry to uncover opportunities for recycling programs, design them specific to the customer's needs and implement said programs with training and follow-up education. He will also work closely with the City to obtain approval for all educational materials developed for distribution, education and evaluations for recycling options presented herein an required by the Agreement.
City of Hawaiian Gardens -April 2018 15
4. Organization and Staffing
CLEMENTS ENVIRONMENTAL
COMPANY SUMMARY
Clements Environmental Corporation {Clements) is an environmental engineering consulting firm located in Los Angeles.
Since 1987, the firm has specialized in solid waste engineering and management, environmental regulatory compliance, and facility permitting and development. Clientele includes private industry and city and county government agencies. Specific expertise includes: integrated solid waste management planning and program implementation; transfer station and Material Recovery Facility planning, permitting, and design; composting and anaerobic digestion (AD) facility development; regulatory compliance evaluations; renewable energy technologies, Zero Waste strategic planning; and feasibility analysis.
The firm has worked on the development of over 300 projects in California.
PRIMARY CONTACT
Chip Clements, P.E.
Office: {818) 267-5100 ext. 29
E-mail : [email protected]
Chip Clements, P.E. (Project Manager)
Mr. Clements has managed over 300 solid waste and recycling projects in his career in the solid waste industry and since founding Clements Environmental in 1987. These projects have included many feasibility studies including recent MRF analyses for the City of Davis, CA and Santa Maria, CA. He is currently working with Orange County Waste & Recycling on the feasibility of placing composting and AD projects at operating County Landfills. He is also assisting the Los Angeles County Dept. of Public Works in their efforts to support development of the first conversion technology ( e.g. gasification) project in LA County. In addition, he is currently leading all public education, outreach, customer enrollment, and waste characterization work for one of the City of Los Angeles exclusive franchise zones which has over 6,000 customer accounts.
REFERENCE PROJECT
Client: Universal Waste Systems
Project: City of Los Angeles, RecycLA (Exclusive Commercial Franchise) Clements Environmental has started work on a 10-year contract to provide outreach and education services to over 6,000 commercial accounts as part of the City of Los Angeles' new recycling program, "RecycLA". As sub-contractor to Universal Waste Systems, the Clements Zero Waste Team will enroll and train every commercial and large multi-family account in the Northeast Zone of the City in the new system which includes not only blue bin recycling of traditional recyclables, but also green bin recycling of organics. As of the last program update, the Zero Waste Team has conducted over 10,000 site visits and signed up 67% of these accounts for this new program . 16 City of Hawaiian Gardens -April 2018
5. Background
5. Background
CWS has conducted extensive route audits in the City of Hawaiian Gardens. CWS has counted all commercial and residential containers on multiple occasions. CWS has found many inconsistencies on the number of recycling and greenwaste containers as compared to what has been reported . CWS has taken in consideration the lack of Organic recycling in the City and has identified many businesses that will be required to create programs.