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2. Quarterly report $250.00 per day
3. Annual report $500.00 per day
4. All other reports $100.00 per day
2 Failure to provide records requested by City within 30 days of City request
$250 per day until
completed
3 Failure of Contractor to provide requested access to on-board GPS data or video camera footage within five (5) business days of City request. In the event of a crash/injury/fatality, failure to provide access to on-board GPS data or video camera footage to law enforcement within the timeframe
requested by police, sheriff, public safety or other law enforcement.
$100.00 per day
E. Accuracy of Billing
1 Each Customer billing for Extra Services in Attachment D that is not prepared in accordance with list of maximum rates in Attachment D:
$250.00 per
occurrence
F. Personnel
1 Each day after the July 1, 2025, City does not receive services of one (1) Recycling Coordinator (excluding Coordinator’s holiday, vacation and sick leave days) during the Term as required by Section 8.05.H.
$500.00 per
business day
3 Failure to designate qualified Contractor Representative on or before January 15, 2025 as required by Section 16.07.B.
Fifty dollars ($50)
per business day
until completed
4 Failure of Contractor Representative or City Day-to-day contact person to timely respond to City within 24 hours of a written, email, or telephone request.
Fifty dollars ($50)
per business day
until response is
received
5 Failure to have a vehicle operator properly licensed. $250 per incident per day
G. Vehicles and Equipment
1 Each day Contractor fails to have in service Clean Air Vehicles as required by Article 8.
$500.00/vehicle
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2 Failure to label Carts with labels, hot stamp, and/or decals as described in Attachment B Sections 1 and 2; and/or failure to provide SB 1383 color-coded Carts and lids as required in Attachment B, Sections 1 and 2.
Fifty dollars ($50)
per cart per
business day until
corrected
3 Failure to provide all trucks and other vehicles listed in Attachment F (including all required on-board equipment, electronics and technology listed in Agreement Section 8.03) on or before July 1, 2025, [Exception for Zero Emission Vehicle if extension of time approved by City pursuant to Section 8.03.]
One hundred dollars
($100) per vehicle
not placed in service
per business day
until completed.
One hundred
Dollars ($100) per
vehicle per business
day without the
required technology
until it is supplied.
4 Failure to install collision avoidance system on any vehicles operating in the City per Section 8.03 by July 15, 2025. $250.00 per vehicle
per day
5 Failure to distribute a kitchen pail to a Customer that has requested one and is willing to pay the replacement cost. $25 per household
H. Diversion Program Implementation, Compliance Reporting and Audits 1 Failure to distribute public education materials to all Single Family Dwellings on route within the timeframe specified in Attachment N, Section 1 after finding a twenty-five percent (25%) or higher Contamination rate for that route during waste characterization studies. If the failure continues after the initial assessment of liquidated damages, the liquidated damages are re-assessed for each additional thirty (30) day period the failure continues.
$5,000/per route
2 Failure to place hang-tag and photo-document instances of Contamination encountered during Residential on-site field audits of Carts for Contamination as described in Section 2 of Attachment N.
$250/instance of
failure to tag/photodocument
Contamination
3 Failure to perform required number of waste characterizations per contract year as described in Attachment N. [Total of eighteen (18) characterizations per year.]
$5,000 per missed
characterization
4 Failure to perform required number of on-site field Carts and Bins Contamination audits per contract year as described in Attachment N [Total of twelve (12) on-site field Carts and Bins Contamination audits per year].
$5,000 per missed
audit
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5 Failure to perform Cart Contamination audits at required number (5%) of Residences for each semi-annual audit as described in Attachment N.
$50 per household
below the 5%
requirement in any
audit
6 Failure to submit reports on characterizations and
Contamination audits within required timeframe in Attachment N.
$100/report for each
day the report is late
7 Failure to notify City of date(s) and time(s) for characterizations and Contamination audits at least 30 days prior to the
characterization or audit.
$250 per day that is
less than 30 days
Failure of Contractor to “fully implement” one or more of the required Diversion Programs at a Commercial or Business Establishment after thirty (30) day warning notification from City as required in Section 3 of Attachment B. If the failure continues after the initial assessment of liquidated damages, the liquidated damages are re-assessed for each additional thirty (30) day period the failure continues.
$700 per failure
I. Cooperation with Service Provider Transition
1 For each day routing information requested by City in accordance with Section 16.13 is not received after City established due dates, both for preparation of a request for proposals and for new service providers implementation of service.
$1,000 per day
2 For each day delivery of keys, access codes, remote controls, or other means of access to Customer carts is delayed beyond 1 day prior to new service provider servicing Customers requiring special access, as described in Section 16.13. $1,000 per day
3 For delay in not meeting the requirements contained in Section
16.13 in a timely manner, in addition to the daily liquidated damages in Subpart I (“Cooperation with Service Provider Transition”), numbers 1 and 2.
$25,000
J. Public Education and Outreach
1 For each failure to provide the residential outreach materials required in Section 5 of Attachment B during the initial sixmonth start-up of Agreement. $2 for each subject
matter brochure per
household/unit that
did not receive the
outreach material(s)
2 Failure to produce the commercial educational video as described in Section 5 of Attachment B by July 1, 2025. $9,000
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3 Failure to produce the residential educational video as described in Section 5 of Attachment B by March 31, 2026. $7,000
4 Failure to produce the social media content for distribution via the City social media channels as described in, and by the dates contained in, Section 5 of Attachment B
$2,000 for each
failure to produce
the content by the
date(s) specified in
Section 5,
Attachment B
5 For each failure to provide the annual residential outreach materials as described in Section 5 of Attachment B by the dates contained in Section 5 of Attachment B
$2 for each subject
matter brochure per
household/unit that
did not receive the
outreach material(s)
6 For each failure to provide the annual commercial outreach materials as described in Section 5 of Attachment B by the dates contained in Section 5 of Attachment B
$2 for each subject
matter brochure per
business that did not
receive the outreach
material(s)
7 For each failure to provide the commercial outreach materials required in Section 5 of Attachment B during the initial sixmonth start-up of Agreement. $2 for each subject
matter brochure per
business that did not
receive the outreach
material(s)
City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees, agents or representatives; through photodocumentation, audio recordings and other records created by Contractor; and/or through information, audio recordings, and photo-documentation provided by Residents, other Persons and/or Customers or through City’s investigation of Customer complaints, or any other evidence made available to City.
Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/nonPage 528 of 1305 -184-
performance. Contractor may review (and make copies at its own expense) all nonconfidential information in the possession of the City relating to incident(s)/nonperformance. Contractor may, within ten (10) days after receiving the notice, request a meeting with the City Manager or his or her designee. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. The City Manager or his or her designee will provide Contractor with a written explanation of his or her determination on each incident(s)/nonperformance prior to authorizing the assessment of liquidated damages. The decision of the City Manager or his or her designee shall be final.
15.09.1 Amount. The City may assess liquidated damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement.
15.09.2 Payment. Contractor shall pay any liquidated damages assessed by City within ten (10) days after they are assessed.
City’s right to recover liquidated damages for Contractor’s failure to meet the service performance standards shall not preclude City from obtaining equitable relief for persistent failures to meet such standards nor from terminating the Agreement for such persistent failures.
15.10 No Actions for Damages Against City. Contractor acknowledges that City’s approval of this Agreement is a legislative act. No action for damages shall exist in any situation in which Contractor asserts City has failed to comply with any of its obligations
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hereunder, and Contractor’s sole remedy in any such situation shall be to bring a writ of mandate to seek to compel City to comply with its obligations under this Agreement.
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ARTICLE 16: OTHER AGREEMENTS OF THE PARTIES
16.01 Compliance with Law; Non-Discrimination. In providing the services required under this Agreement, Contractor shall at all times comply with all applicable laws of the United States, the State of California and City, with all applicable rules and regulations promulgated by federal, state, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended during the Term and with all permits affecting the services to be provided. Contractor shall not discriminate nor permit discrimination against any Person in a manner prohibited by federal or state law.
16.02 Assignment. Contractor acknowledges that this Agreement involves rendering a vital service to the City’s residents and businesses, and that the City has selected Contractor to perform the services specified herein based on: (i) Contractor’s experience, skill and reputation for conducting their operations in a safe, effective and responsible fashion, and (ii) Contractor’s financial resources to maintain the required equipment and services and to support its indemnity obligations to the City under this Agreement. The City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement.
16.02.A City Consent Required. Contractor shall not assign its rights or delegate or otherwise transfer its obligations under this Agreement to any other Person (including an Affiliate) without the prior written consent of City, which shall be rendered by City at its
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sole discretion. Any such assignment made without the consent of City shall be void and the attempted assignment shall constitute a Contractor Default.
16.02.B Assignment Defined. For the purpose of this Section, “assignment” shall include, but not be limited to: (i) a sale, exchange or other transfer to a third party of substantially all of Contractor’s assets dedicated to service under this Agreement; (ii) a sale, exchange or other transfer of outstanding common stock of Contractor, to a third party which results in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re-capitalization, stock issuance or reissuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction which results in a change of ownership or control of Contractor; (iv) any assignment by operation of law, including insolvency or bankruptcy, an assignment for the benefit of creditors, a writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor’s property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership, or change of control of Contractor.
16.02.C Consent Requirements. If Contractor requests City’s consideration of and consent to an assignment, City may deny or approve such request in its complete discretion. No request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements:
16.02.C.1 Contractor shall undertake to pay City its reasonable expenses for consultants, attorneys’ fees and investigation costs necessary to investigate the suitability
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of any proposed assignee, and to review and finalize any documentation or contracts required as a condition for approving any such assignment;
16.02.C.2 Contractor shall furnish City with audited financial statements of all of the proposed assignee’s operations for the immediately preceding three (3) operating years;
16.02.C.3 Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of solid waste/recycling collection and management experience on a scale equal to or exceeding the scale of operations conducted by Contractor; (ii) that in the last five (5) years, the proposed assignee has not been the subject of any administrative or judicial proceedings initiated by a federal, state or local agency having jurisdiction over its operations due to an alleged failure to comply with federal, state or local laws or that the proposed assignee has provided City with a complete list of such proceedings and their status; (iii) that the proposed assignee conducts its operations in a safe and environmentally conscientious manner, in accordance with sound solid waste and recycling management practices in full compliance with all federal, state and local laws regulating the Collection and Disposal of MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Stable Bedding/Manure, Wood and Construction and Demolition Debris and all Environmental Laws; and (iv) of any other information required by City to ensure the proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner.
16.03 Subcontracting. Contractor shall not engage any subcontractors or independent contractors to perform any of the services required of it by this Agreement without the
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prior written consent of City. Contractor shall notify the City no later than ninety (90) days prior to the date on which it proposes to enter into a subcontract. City may approve or deny any such request in its sole discretion.
Contractor may, in cases of emergency, engage subcontractors for up to seven (7) consecutive calendar days. Contractor shall give prompt notice to City of any such emergency subcontracting and any such engagement must be approved by City in writing if it is to extend beyond seven (7) calendar days, or if Contractor wishes to renew it after an interval of less than thirty (30) calendar days.
16.04 No Affiliated Entity. Contractor will not form or use any Affiliated Entity to perform any of the services or activities which Contractor is required or allowed to perform under this Agreement, other than as a subcontractor approved by City under Section 16.03.
16.05 Contractor’s Investigation; No Warranties by City. Contractor has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding the Agreement and the work to be performed by it, and the Recycling, Source Reduction and other Diversion programs now in effect in the City.
Contractor has carefully reviewed the information in the Request for Proposals and Addenda, if any, and the Source Reduction and Recycling Element adopted by the City under the Act.
While City believes that the information contained in the Request for Proposals and any Addenda is substantially correct, City makes no warranties in connection with this Agreement, including but not limited to the accuracy or completeness of the information contained in the Request for Proposals and Addenda Nos. 1 through 10. The
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City also expressly disclaims any warranties, either express or implied, as to the merchantability or fitness for any particular purpose of Recyclable Materials, Yard Trimmings, Wood, Food Scraps, Stable Bedding/Manure, Wood, Construction and Demolition Debris and all other materials to be Collected pursuant to this Agreement.
16.06 Notice. All notices, demands, requests, proposals, approvals, consents and other communications which this Agreement requires, authorizes or contemplates shall, except as provided in Section 15.02, be in writing and shall either be personally delivered to a representative of the parties at the address below or be deposited in the United States mail, first class postage prepaid (certified mail, return receipt requested), addressed as follows:
If to City: City Manager
City of Laguna Hills
24035 El Toro Road
Laguna Hills, California 92623
with a copy to the City Attorney at the same address
If to Contractor: Chrystal Denning, Vice President
CR&R Incorporated
11292 Western Avenue
Stanton, California 90680
A notice given in accordance with this Section may change the address to which communications may be delivered from time to time.
16.07 Representatives of the Parties.
16.07. A Representatives of City. References in this Agreement to “City” shall mean the Laguna Hills City Council and all actions to be taken by City shall be taken by
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the City Council except as provided herein. The City Council may delegate, in writing, authority to the City Manager, and/or to other City officials and may permit such officials, in turn, to delegate in writing some or all of such authority to subordinate officers.
Contractor may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them. City hereby delegates administration of the Agreement to the City Manager, who may delegate in writing specified authority to subordinate officers and staff of City. City may change such delegation of administration of the Agreement at any time and in such event shall notify Contractor in writing of the change.
16.07.B Representative of Contractor. Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve as the representative of Contractor (“Contractor Representative”) in all matters related to the Agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind Contractor. City may rely upon action taken by such designated representative as actions of Contractor unless they are outside the scope of the authority delegated to him/her by Contractor as communicated to City.
16.08 Right to Inspect Contractor Operations. City (and/or City’s agents) shall have the right, but not the obligation, to observe and inspect all of the Contractor’s operations under this Agreement. In addition, upon reasonable notice and without interference with Contractor’s operations, City may review and copy any of Contractor’s operational and business records related to this Agreement. If City so requests, Contractor shall make
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specified personnel available to accompany City employees (and/or City’s agents) on inspections and shall provide electronic copies of records stored in electronic media.
16.09 Maintenance and Review of Records, Submission of Reports. Contractor shall compile, on a daily basis, accurate records of its operations in sufficient detail to allow for accurate determinations of all matters that require periodic determination under this Agreement. City (and/or City’s agents) shall have the right during regular business hours to review and make copies of (at City’s expense) any documents relevant to this Agreement, including, but not limited to, Contractor’s billing and collection records, tonnage reports, diversion records, weight tickets, route lists, maps and records maintained in electronic, magnetic and other media.
Contractor shall prepare and submit complete, accurate and timely reports on forms provided or approved by City as described in Attachment K.
16.10 Right to Demand Assurances of Performance. If Contractor: (i) persistently suffers the imposition of liquidated damages under Section 15.09; (ii) is the subject of any labor unrest including work stoppage or slowdown, sickout, picketing or other concerted job action; (iii) appears in the reasonable judgment of City to be unable to regularly pay its bills as they become due; or (iv) is the subject of a civil or criminal proceeding brought by a federal, state, regional or local agency for violation of an Environmental Law, City may, at its option and in addition to all other remedies it may have, demand from
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Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as the City may require.
16.11 Contractor Designated As City’s Authorized Recycling Agent. Pursuant to Public Resources Code Section 40105 and California Code of Regulations Title 14, Division 2, Chapter 5, Subchapter 8, City designates Contractor as City’s “Authorized Recycling Agent” for purposes of receiving payments for Contractor-Collected Recyclable Materials including but not limited to California Redemption Value payments.
16.12 Force Majeure. Contractor shall not be in default of its obligations under this Agreement in the event, and for so long as, it is impossible or extremely impracticable for it to perform its obligations due to an “act of God” (including, but not limited to, flood, earthquake or other catastrophic events), war, insurrection, riot, or other similar cause not the fault of, and beyond the reasonable control of, the party claiming excuse (each, a “Force Majeure event”). The following are not force majeure events: epidemics, pandemics, labor unrest, picketing, strikes, work stoppage or slowdown, sickouts or other concerted job actions. A party claiming excuse under this Section must (1) have taken reasonable precautions, if possible, to avoid being affected by the cause, and (2) notify the other party in writing within five (5) calendar days after the occurrence of the event specifying the nature of the event, the expected length of time that the party expects to be prevented from performing, and the steps which the party intends to take to restore its
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ability to perform. The party claiming excuse under this Section shall use its best efforts to remedy its inability to perform as quickly as possible.
16.12.A Force Majeure. Contractor shall not be excused from the performance of its obligations under this Agreement except where Contractor’s failure to perform is due to a Force Majeure event, as defined in this Agreement.
16.12.B Obligation to Restore Ability to Perform. Any suspension of performance by Contractor pursuant to this Section shall be only to the extent, and for a period of no longer duration than, required by the nature of the event. In the event Contractor claims excuse from any of Contractor’s obligations in this Agreement, Contractor shall use its best efforts in an expeditious manner to remedy its inability to perform and mitigate damages that may occur as result of the event.
16.12.C Notice. Contractor shall deliver to City a written notice of intent to claim excuse from performance under this Agreement by reason of a Force Majeure event.
Notice required by this Section shall be given promptly in light of the circumstances, but in any event not later than five (5) calendar days after the occurrence of the Force Majeure event. Such notice shall describe in detail the claimed Force Majeure event, the services impacted by the claimed Force Majeure event, the expected length of time that Contractor expects to be prevented from performing, the steps which Contractor intends to take to restore its ability to perform, and such other information as the City reasonably requests.
16.12.D City's Rights in the Event of Force Majeure. The partial or complete interruption or discontinuance of Contractor’s services caused by a Force Majeure event shall not constitute an event of default under this Agreement. Notwithstanding the
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foregoing: (i) the City shall have the right to make use of Contractor’s facilities and equipment in accordance with Sections 15.04 and 15.06 of this Agreement in the event Contractor is unable to collect and dispose of MSW as required herein and such nonperformance is excused by a Force Majeure event; (ii) if Contractor’s excuse from performance for reason of Force Majeure continues for a period of thirty (30) calendar days or more, the City shall have the right, in its sole discretion, to immediately terminate this Agreement; and (iii) if Contractor’s inability to collect and dispose of MSW continues for fourteen (14) days or more from the date by which Contractor gave or should have given notice under Section 16.12.C above, the City may terminate this Agreement.
16.13 Cooperation During Transition. At the expiration or earlier termination of the Term, Contractor shall cooperate fully with the City to ensure an orderly transition to any and all new service providers. In addition, during the last twelve (12) months of the Term, Contractor shall allow prospective operators to observe its operations and shall make available to City all records and reports required to be submitted by this Agreement for use in the transition including, but to limited to, complete route lists and maps, customer account lists including customer name, address, type and frequency of service, billing information, and number, type and location of all Containers deployed by Contractor within City.
16.14 No Damages for Invalidation of Agreement. If a final judgment of a court of competent jurisdiction determines that this Agreement, or any portion thereof, is illegal or
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was unlawfully entered into by the City, neither party shall have any claim against the other for damages of any kind (including but not limited to loss of profits) on any theory.
16.15 Diversion Programs Not Restricted. Nothing in this Agreement shall restrict City’s participation or non-participation, or the nature or extent of its participation in, any Recycling and Diversion program(s), developed or operated by City, other agencies, or by one or more residents, businesses, commercial, industrial or retail operators, or other Persons, within City or other jurisdictions.
16.16 Reports as Public Records. The reports, records and other information submitted (or required to be submitted) by Contractor to City are public records within the meaning of that term in the California Public Records Act, Government Code Section 6250 et seq.
Unless a particular record is exempted from disclosure by the California Public Records Act, it must be disclosed to the public by the City upon request.
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ARTICLE 17: MISCELLANEOUS PROVISIONS
17.01 Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California.
17.02 Jurisdiction. Any lawsuits between the parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the parties agree that this Agreement is made in and will be performed in Orange County and the exclusive venue is the Superior Court located in Orange County.
17.03 Binding on Successors. The provisions of this Agreement shall inure to the benefit of, and be binding on, the successors and permitted assigns of the parties.
17.04 Parties in Interest. Nothing in this Agreement is intended to confer any rights on any Persons other than the parties to it and their permitted successors and assigns.
17.05 Waiver. The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision.
The subsequent acceptance by either party of any monies that become due hereunder
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shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other party of any provision of this Agreement.
17.06 Attachments. Each of the attachments, identified as Attachments “A” through “OO” is attached hereto and incorporated herein and made a part hereof by this reference.
17.07 Entire Agreement, Integration. This Agreement, including the Attachments, represents the full and entire agreement between the parties with respect to the matters covered herein and supersedes all prior negotiations and agreements, either written or oral.
17.08 Section Headings. The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions.
17.09 Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting.
17.10 Amendment. This Agreement may not be modified or amended in any respect except by a writing signed by the parties.
17.11 Severability. If a court of competent jurisdiction holds any non-material provision of this Agreement to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement which
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shall be enforced as if such invalid or unenforceable provision had not been contained herein.
17.12 Costs and Attorneys’ Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs expended in connection with such an action from the other party.
17.13 References to Laws. All references in this Agreement to laws, rules, and regulations shall be understood to include such laws, rules, and regulations as they may be subsequently amended or re-codified, unless otherwise specifically provided. In addition, references to specific governmental agencies shall be understood to include agencies that succeed to or assume the functions they are currently performing.
17.14 City’s Municipal Code. Contractor is aware of the provisions of City’s Municipal Code relating to the Collection and Disposal of solid waste, specifically Title 5, Chapter 5-32 of the Laguna Hills Municipal Code, including the right of City to amend those provisions. Contractor shall comply with all provisions of Title 5, Chapter 5-32 as they may be amended.
City may, in its sole discretion, determine whether and in what circumstances enforcement of provisions of the City’s Municipal Code relating to the obligation of owners and occupants of Premises to use the services of Contractor is in the public interest. City undertakes no obligation, by virtue of this Agreement, to Contractor to enforce such provisions through civil actions, or termination of other utility services provided by City.
17.15 Non-Discrimination. Contractor shall not discriminate, nor permit any Cityapproved subcontractor to discriminate, in the provision of services or the employment of
List of Contract Attachments
A Definitions
B Detailed Scope of Work for Collection And Diversion Operations C Implementation Plan
D1, D3 D-1 Proposed Rates to be Charged Assuming Cross-jurisdictional Efficiencies between Lake Forest and Laguna Hills
D-3 Proposed Rates to be Charged Assuming No Cross-jurisdictional Efficiencies – City of Laguna Hills Rates
E1-2 E-1 Cart Specifications
E-2 Numbers and Types of New Containers to be Furnished by Contractor and Cart Specifications
F1-4 F-1 New Collection Vehicles to be Furnished by Contractor F-2 Plan to Provide Light-Weight Collection Vehicle by Contractor F-3 Zero Emission Vehicles to be Furnished by Contractor F-4 Plans to Incorporate On-Board Technology to be Provided by Contractor on Collection Vehicles to Increase Safety and Efficiency and for Contamination Monitoring
G Contractor-Furnished Personnel and Names of Key Personnel H Contractor’s Plan for Bulky Collection Day
I Landfill Contract With County of Orange
J Annual Adjustment of Maximum Rates Contractor May Charge K Reports to be Submitted to City
L Performance Bond
M Bond Continuation Certificate
N Processing Facility Characterizations & On-Site Field Container Contamination Audit Protocols
O Clean Materials Recovery Facility(ies)
P Compost Processing Facilities
Q Construction & Demolition Debris Processing Facility(ies) R Ball Aluminum Cups for Special Events
S Olyns Cube Reverse Vending Machine
T List of City-Sponsored Events
U HHW and Sharps Collection Program Details
V Bin Sensors to be Provided by Contractor
W Annual Adjustment for Change in City Regulatory Compliance Costs, Procurement Compliance Costs and Pavement Impact Costs
X Efficiencies Gained from Cross-Jurisdictional Collection Routes Y Contractor’s Complete Proposal To City
Z Guaranty
AA Minimum Required Duties of Recycling Coordinators
BB Stable Bedding and Manure Processing Facility
CC Allocation Methodology for Multi-Jurisdictional Residential Routes and Cross-Sector Cart Collection
DD Use of On-board Scales to Accurately Report Tonnage Collected on Commercial and Multi-family Cross-jurisdictional Routes
EE List of City Facilities
FF Not Used
GG Kitchen Food Scrap Container
HH Internal Commercial Food Scrap Container
JJ Landscaper Self-Certification Diversion Form
KK Plan to Comply with California Air Resources Board Advanced Clean Fleets Program During Term of the Agreement
LL Laguna Hills Bus Shelter Locations List
MM Not Used
NN Projected Growth in City
OO Contractor’s Telephone and Customer Service System
ATTACHMENT A
Definitions
Attachment A Page 1 of 15
Act: “Act” means the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq.) as amended and as implemented by regulations of CalRecycle or its successor.
Affiliate: “Affiliate” means any Person who or which is related to the Contractor by virtue of a direct or indirect ownership interest or common management. Affiliates include (1) a Person in which the Contractor has a direct or indirect ownership interest, (2) a Person which has a direct or indirect ownership interest in Contractor, and (3) a Person which is owned or controlled by any person which has a direct or indirect ownership interest in Contractor.
For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of the Internal Revenue Code, in effect as of the Effective Date, shall apply except that “ten percent (10%)” shall be substituted for “fifty percent (50%)” in Section 318(a)(2)(C) and Section 318(a)(3)(C).
Agreement: “Agreement” means this Agreement between the City and Contractor dated as of ________, 2024, including all attachments, and any amendments hereto.
Alternative Daily Cover or “ADC”: “Alternative Daily Cover” or “ADC” means cover material other than earthen material placed on the surface of the active face of a Municipal Solid Waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter and scavenging. Federal regulations require landfill operators to use six (6) inches of earth material as daily cover unless other materials are allowed as alternatives. CalRecycle has approved eleven (11) ADC material types. Generally, these materials must be processed so that they do not allow gaps in the exposed landfill face. As of January 1, 2020, Yard Trimmings cannot be used as ADC and are counted as Disposed tons for purposes of the Act. [See Section 7.09 for the prohibition on use of materials collected in City, as well as products, byproducts and residue from processing Collected materials, as ADC.]
Applicable Laws: “Applicable Laws” means all federal, state, county and local laws, regulations, rules, orders, judgments, decrees, permits, approvals or other requirements of any governmental agency having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, and as may be enacted, issued, or amended thereafter, including, without limitation, City’s Municipal Code and the Act, and all subsequent amendments or enactments to the Act, AB 939, SB 1374, AB 1594, AB 311, AB 1826, and SB 1383, and all applicable regulations enacted by CalRecycle.
Applicable Maximum Rates: “Applicable Maximum Rates” means the maximum rates in Attachment D that Contractor is authorized to impose on customers during the term of the Agreement, as described in Article 14, as such rates may be adjusted over time pursuant to Attachments J and W, or modified under Sections 5.12 and Section 14.09 of the Agreement.
Authorized Customer Representative: “Authorized Customer Representative” means the Person (including but not limited to, the owner or on-site manager) who has decision-making authority to subscribe to Collection services provided by Contractor and to approve payment of the bills for MSW, Recyclable Materials, Food Scrap/Yard Trimmings and all other Collection services provided by Contractor. The Authorized Customer Representative may be the Resident themselves, or for an HOA or gated community the Authorized Customer Representative may be
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the property management company, property manager or other designee hired or appointed by the board of the HOA or the community. In cases where a Customer has retained the services of a waste broker or waste arranger, the Authorized Customer Representative is the Person who has been given the decision-making authority by the Customer for the subject Residential Premises within the City.
Backyard/Sideyard Collection: “Backyard/Sideyard Collection” or “Backyard Collection” or “Sideyard Collection” means Collection of MSW, Recyclable Materials and/or Food Scraps/Yard Trimmings at a Single Family Dwelling Premises from the side yard, backyard, behind a gate and/or in a storage “closet” or other location requiring the driver to exit the Collection vehicle to retrieve the Carts, roll the Carts to the Collection vehicle, empty the Carts and return the Carts to their original location. Backyard/Sideyard Collection is provided at no additional charge to Disabled Persons and for an additional charge to other Single Family Dwelling Residents.
Bin Sensors: “Bin Sensors” means electronic and/or other wireless devices that have the capability of monitoring and alerting the business, the Contractor and/or the City regarding the fullness of the Bin, whether or not the Bin has been emptied (tipped), and visualizing the contents of the bin. Some bin sensors may have the capability to provide photographs of materials in the Bin. As the technology for Bin Sensors develops, Bin Sensors may also become capable of detecting Contamination (as defined herein) in Bins.
Biomass Conversion Facility: “Biomass Conversion Facility” or “Biomass Facility” means a facility which uses controlled combustion of the following materials (when separated from MSW) to produce electricity or heat: (1) agricultural crop residue; (2) bark, lawn, yard and garden clippings; (3) leaves, silviculture residue, tree and brush prunings; (4) wood, wood chips and Wood waste; or (5) non-recyclable pulp or non-recyclable paper. [See Section 7.09 for the prohibition on use of Biomass Facilities for materials Collected in City.] Bulky Items: “Bulky Items” means furniture, mattresses, couches and loveseats (including sleeper sofas), chairs and other small pieces of furniture, water heaters, refrigerators, ranges, washers, dryers, dishwashers, and other similar items (often referred to as “white goods”), and other large, bulky or heavy objects not normally discarded on a regular basis at Residences including Single Family Dwellings, Multi-Family Dwellings and Commercial and Business Establishments. Bulky Items does not include the following: automobile bodies, Construction and Demolition Debris, tires, oil, antifreeze and other hazardous substances, Household Hazardous Waste, Electronic Waste, Universal Waste, fluorescent bulbs, household batteries, MSW, Recyclable Materials, Food Scraps, Yard Trimmings. [See also the definition of “Household Hazardous Waste” for materials Collected by Contractor as part of the Household Hazardous Waste Door-to-Door Collection program].
CalRecycle: “CalRecycle” means the California Department of Resources Recycling and Recovery, the successor agency to the former California Integrated Waste Management Board.
Cart: “Cart” means a Container with a hinged lid and wheels serviced by an automated or semiautomated truck with a capacity of 32-35 gallons, 60-67 gallons, or 90-100 gallons.
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City: “City” means the City of Laguna Hills, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term.
City Day-to-Day Contact Person: “City Day-to-Day Contact Person: is the person designated by Contractor to be the City staff’s main contact for operational issues, billing questions and disputes, Customer complaints that are not being resolved, and all other Customer and operational problems or questions that arise on a daily basis.
Clean Air Vehicle: “Clean Air Vehicle” means a vehicle whose engine design uses a fuel that is in full compliance with all federal, state and local air quality laws, rules and regulations including but not limited to the California Air Resources Board’s Advanced Clean Fleet regulations and the South Coast Air Quality Management District’s rules and regulations including, but not limited to, Rule 1193. Clean Air Vehicles include, but are not limited to, vehicles powered by electricity, clean natural gas, liquefied natural gas, and hydrogen.
Clean Materials Recovery Facility (Clean MRF): “Clean Materials Recovery Facility” or “Clean MRF” means a materials recovery facility, or that portion of thereof that processes Recyclable Materials such as Single-Material Recyclables and Single Stream Recyclable Materials, containing no more than the maximum residue allowed by CalRecycle permit regulations (currently, 10% residue).
Collection: “Collection” or “Collect” means the taking of physical possession of MSW, Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris or other materials from Customers, and their transport to a Processing Facility, transfer station or landfill.
Commercial and Business Establishments or Commercial: “Commercial and Business Establishments” or “Commercial” means any premises occupied by stores, offices, office buildings, federal, state and local government offices (excluding schools), warehouses, factories, hotels, motels, restaurants and other Commercial facilities providing goods or services and all other premises used for other purposes than dwelling houses. For purposes of the implementation of programs described in Attachment B, all Tonnage tracking and reporting described in Article 11, and the Incentives described in Article 10, “Commercial Tons” shall include only Tons Collected from Commercial and Business Establishments and shall not include any Tons Collected from Multi-Family Carts or Bins. [See Article 11.] Community Association: “Community Association” means a Homeowner’s Association, an association that governs a gated community, or any other organized elected or appointed governing entity for a group of residences located in City.
Community Composting Site: “Community Composting Site” means any activity that Composts Yard Trimmings, Food Scraps, and agricultural material alone or in combination, and the total amount of feedstock and Compost on-site at any time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in CCR 17855(a)(4).
Compactor: “Compactor” means an enclosed rectangular or square metal container containing a ramrod to condense and compress the contents, and is typically used to store MSW, Yard Trimmings, Recyclable Materials, Food Scraps, Organics or other materials. Compactors may be
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small (3 cubic yards and 4 cubic yards) for use on Commercial Premises, or large (10 cubic yards, 20 cubic yards, 30 cubic yards and 40 cubic yards) for use at large Commercial businesses, construction sites, hotels, supermarkets and other large retail stores. A special vehicle equipped with hooks and a winch to pull the Compactor on to the railed bed of the vehicle transports compactors.
Compost: “Compost” is the product resulting from the controlled biological decomposition of organic material that are source-separated from the MSW stream and that has been sanitized through the generation of heat and processed to further reduce pathogens’ (PFRP), as defined by the U.S. EPA (Code of Federal Regulations Title 40, Part 503, Appendix B, Section B), and stabilized to the point that it is beneficial to plant growth. Compost bears little physical resemblance to the raw material from which it originated. Compost is an organic matter source that has the unique ability to improve the chemical, physical, and biological characteristics of soils or growing media. It contains plant nutrients but is typically not characterized as a fertilizer.
Compost Appliance: “Compost Appliance” means an enclosed on-site device that utilizes aerobic microbial digestion of food scraps to produce compost or other soil amendment(s).
Compost Appliances may be utilized by residents, restaurants, hospitals, cafeterias and any other generators of Food Scraps.
Compost Facility: “Compost Facility” means a facility that processes one or more of the following that have been source-separated from MSW: Food Scraps, Yard Trimmings, Wood, and FoodSoiled Paper such as paper napkins and paper towels by means of outdoor windrow composting, aerated static pile composting, covered composting, vermiculture, or other outdoor composting methods or covered composting with use of either finished Compost or fabric, synthetic or other type(s) of cover(s) applied to the compost piles. Compost Facility also includes in-vessel Composting that is not anerobic digestion.
Compost Hub: “Compost Hub” means a location hosting small scale Composting in bins, piles, windrows, vermiculture, or by other means where residential Food Scraps are Composted and the finished Compost is used for on-site community gardens, other local uses in parks, landscaping, etc. and/or taken by residents to home garden and landscaping projects. Compost Hubs are often located in gardens, common areas of residential developments, parks, schools, places of worship or workplaces. Compost Hubs generally offer training in composting, reduction of food waste, soil enrichment, and related topics. Some Compost Hubs offer tool lending libraries and seed banks.
Compost Products: “Compost Products” means mulch, gravel, soil amendments, special Compost blends (such as for specific agricultural uses or crops) and all other products created or produced from Food Scraps, Wood, and/or Yard Trimmings Collected from within City.
Construction and Demolition (C&D) Debris: “Construction and Demolition Debris” or “C&D Debris” means all inert material of every nature, description or kind, which has resulted from the building or demolition of a structure, pavements, sidewalks, curbs, gutters, and other concrete structures, including all lumber scraps, shingles, plaster, sheetrock, packaging, rubble, brick, stone, concrete, asphalt, dirt, rock and other building materials.
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Construction and Demolition (C&D) Debris Processing Facility: “Construction and Demolition (C&D) Processing Facility” means a facility that accepts C&D Debris for separation.
Materials separated may be further processed to prepare them for sale or re-use (e.g. removing nails from wood, grinding of concrete and asphalt). The facility then markets the materials for reuse.
Container or Containers: “Container” or “Containers” means any object designed and used to hold MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Wood or Construction and Demolition Debris to be Collected by the Contractor. Containers include Carts, Bins, open-top Roll Off Boxes, and Compactors.
Containerized: “Containerized” means MSW, Recyclable Materials, Food Scraps/Yard Trimmings or Stable Bedding/Manure placed in a Cart or a Bin with the lid in a fully closed position.
Containerized also includes MSW, Recyclable Materials, Food Scraps/Yard Trimmings and Stable Bedding/Manure placed in a Roll Off Box.
Contamination or “Contaminant”: “Contamination” or “Contaminant” means materials which are not specified for Collection in particular Carts, Bins or Roll Off Boxes or for processing at any Processing Facility and which would either interfere with such processing or reduce the quality and value of the Recovered Materials. For example, metals and plastics constitute “Contamination” if placed in a green-lidded Cart designated to contain only Food Scraps and Yard Trimmings. Tree trimmings constitute “Contamination” if placed in a blue-lidded Recyclable Materials Cart. Contamination of MSW means the presence of Divertible Materials in the MSW Cart such as Recyclable Materials, Food Scraps, and/or Yard Trimmings.
Contractor: “Contractor” means CR&R Incorporated.
County: “County” means the County of Orange.
Customer: “Customer” means the owner, occupant, tenant or user of Premises at which MSW, Recyclable Materials, Yard Trimmings, Food Scraps, Bulky Items, Electronic Waste, Universal Waste and/or Household Hazardous Waste is generated and collected by Contractor. The Customer is the Person Generating such materials. The Customer may be a separate Person from the Authorized Customer Representative, who may arrange for and/or pay for, Collection service provided by Contractor.
Dirty MRF or Dirty Materials Recovery Facility: “Dirty MRF” or “Dirty Materials Recovery Facility” means a facility or that certain portion of a facility that processes MSW to separate Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris and other Divertible Materials for sale to end users.
Divertible or Divertible Materials: “Divertible” or “Divertible Materials” means Recyclable Materials, Food Scraps, Yard Trimmings, Stable Bedding/Manure, Wood, Construction and Demolition Debris, Food Soiled Paper (if directed by City), Electronic Waste, Universal Waste, and all other materials that can be diverted from Disposal. Divertible Materials includes, but is not limited to, all materials required to be Diverted from Disposal by City, CalRecycle or any state or federal agency.
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Disabled Persons: “Disabled Persons” means Customers that have been issued a handicapped placard from the California Department of Motor Vehicles, received written documentation from a medical doctor, or otherwise obtained approval to receive special Disabled Person services pursuant to this Agreement.
Disposal: “Disposal” or “Disposed” means the burying of MSW at a fully permitted landfill.
Disposal Charge: “Disposal Charge” means the cost, charge or tip fee at a Disposal Site that is paid by Contractor.
Disposal Site: “Disposal Site” means the City-designated landfill(s), or other facility(ies) used for the Disposal of MSW. “Disposal Site” also includes the City-designated transfer station(s) used to transfer MSW delivered in Collection vehicles into larger trucks and trailers which transport the MSW to the City-designated landfill(s).
Diversion: “Diversion” or “to Divert” means any combination of Recycling, sorting, Composting, and/or other Processing activities conducted at a Clean MRF, a Compost Facility, a Construction and Demolition Debris Processing Facility or another City-approved Processing Facility in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution or to otherwise return the materials to the economic marketplace and to prevent the materials from being Disposed in a landfill.
Diversion Programs: “Diversion Programs” means Collection of Recyclable Materials, Yard Trimmings, Food Scraps, Wood, Construction and Demolition Debris, and processing of said materials at a Clean MRF, a Compost Facility, a Construction and Demolition Debris Processing Facility or other Processing Facility. Diversion Programs include all programs operated by the Contractor, the City, Residents, Businesses, Customers or other Persons that have the effect of diverting MSW from landfill. Diversion Programs includes all of the programs included in the City’s Source Reduction and Recycling Element and all of the programs included in Attachment B.
Edible Food For Human Consumption: “Edible Food For Human Consumption” or “Edible Food” means food that has been prepared but not served, and includes but is not limited to:
appetizers, soups, salads, entrees, desserts, raw fruits and vegetables that may or may not have been sliced, grated, cooked, baked, or otherwise prepared for consumption but not served, packaged sandwiches, salads, fruits and fruit salad, and other non-served food that meets state and local requirements as being edible for human consumption.
Effective Date: “Effective Date” means the date identified in Section 3.01.
Electronic Waste (E-waste): For purposes of this Agreement, “Electronic Waste” or “E-Waste” includes discarded video display devices such as televisions, television screens, computer monitors, plasma television screen, computer-related items, printers, copiers, stereos, speakers, scanners, cables, computer CPU’s, LED screens and monitors, computer keyboards, computer mouse, printers, multi-function desktop machines (such as a combination printer/fax/copier), LED bulbs, VCR’s, DVD/CD/tape players, cellular telephones, microwave ovens, toasters, irons, and all other corded appliances and corded devices that are not defined in this Attachment A as “Universal Waste” and that are banned from Disposal in a landfill. (The parties acknowledge and
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agree that this definition is used in the Agreement for the convenience of the parties and may differ from that in current state law and regulations.) Environmental Laws: “Environmental Laws” means all federal and state statutes, county and city ordinances concerning public health, safety and the environment including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.
Section 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Federal Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Federal Clean Water Act, 33 U.S.C. Section 1251 et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. Section 11001 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the California Integrated Waste Management Act, California Public Resources Code Section 40000 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code Section 25100 et seq.; the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code Section 25249.5 et seq.; the California Clean Air Act, Health and Safety Code Sections 39000 et seq.; the California Hazardous Materials Response Plan and Inventory Act, Health and Safety Code Sections 25500 et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.
Extra Carts: “Extra Carts” means Carts requested by a Single Family Dwelling Customer that exceed the number of Carts provided to Residential Customers in the basic residential service.
The basic residential service includes one (1) MSW Cart, one (1) or two (2) Recyclable Materials Cart(s) and one (1) Cart for Food Scraps/Yard Trimmings. Customers may request additional Carts and are billed directly by Contractor for all such Extra Carts.
Extra Services: “Extra Services” means services provided to Single Family Dwelling Customers over and above the standard or basic level of service as described in Sections 1 and 2 of Attachment B and provided at the rates listed in Attachment D. Contractor bills Customers for Extra Services. Examples of Extra Services include, but are not limited to, Backyard/Sideyard Service (with the exception of Disabled Persons for whom there is no additional charge); Extra MSW Carts, Extra Food Scrap/Yard Trimmings Carts, and Extra (more than two (2) Recyclable Materials Carts; Collection of Carts and/or Bins containing stable bedding and manure, all as described in Attachment B.
Food Scraps: “Food Scraps” means material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from MSW. Food Scraps include surplus or unsold Edible Food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables and culls, and plate scrapings. Food Scraps includes, without limitation, Food Scraps from food facilities as defined in California Health and Safety Code Section 113789, food processing establishments (as defined in California Health and Safety Code Section 111955), grocery stores, farmer’s markets, institutional cafeterias (such as schools, hospitals and assisted living facilities), restaurants, and residential Food Scraps. Food Scraps does not include Food Soiled Paper.
Food Scrap Processing Facility: “Food Scrap Processing Facility” means the City-approved Compost Facility, and/or other City-approved Processing Facility used to process Food Scraps Collected by Contractor in the City.
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Food Soiled Paper: “Food Soiled Paper” means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags, cardboard and wax-coated cardboard produce boxes. “Food Soiled Paper” does not include polystyrene, diapers, aluminum foil or foillined food wrap.
Generate: “Generate” means to bring into existence or create, or to use, maintain or possess an item, material or product, the result of which such creation, bringing into existence, use, maintenance or possession is that the item, material or product first becomes, or is converted, transformed, evolved to, or deemed as MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Construction and Demolition Debris or other materials.
Generator: “Generator” means a Person who Generates MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Household Hazardous Waste, Bulky Items, Construction and Demolition Debris or other materials.
Green Waste: See “Yard Trimmings”
Hazardous Waste: “Hazardous Waste” is defined in Section 13.05 of the Agreement.
Homeowners Association (HOA): “Homeowners Association” or “HOA” means a mandatory membership organization comprised of two or more homeowners for the maintenance of commonly owned real estate and improvements associated with multi-family developments comprised of detached homes, condominiums or townhouses.
Household Hazardous Waste (HHW): “Household Hazardous Waste” or “HHW” means all Hazardous Waste generated incidental to owning or maintaining a place of residence. Household Hazardous Waste does not include any waste generated in the course of operating a business or commercial activity at a residence or at any Commercial Business Establishment. Typical Household Hazardous Waste include (a) cleaning products such as oven cleaners, rug and floor cleaners, furniture polish, drain cleaners and solvents; (b) automobile maintenance products such as car waxes, starting fluids, solvent cleaners, antifreeze, repair products, batteries, brake fluid, motor oil, used oil filters and gasoline; (c) home improvement products including oil-based stains, oil-based paints, liquid latex paint, caulking, varnish, paint thinners, chemical strippers, insect repellants, insecticides, pesticides, kerosene, lighter fluid and pool chemicals; (d) personal care items including nail polish and remover, hair color, and (e) Sharps. For purposes of the Diversion Programs in the Agreement, HHW also includes Electronic Waste, Universal Waste, Sharps, Pharmaceutical Wastes (if and when directed by the City), and all materials listed in Section 4.2 of Attachment B.
HHW does not include biological waste, ammunition, explosives, appliances, asbestos, commercial chemicals, construction-related materials, fire extinguishers, Food Scraps, cooking oil, grease, gas cylinders/pressurized cylinders, liquid mercury/elemental mercury, broken items that contain mercury, radioactive materials, tires, automobile parts, MSW, or Bulky Items.
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Implementation Record: “Implementation Record” means the record of all of City’s compliance actions, activities, ordinances, Diversion Programs, results of characterizations, on-site field Contamination audits and all other information relating to City’s actions to comply with the Act and with SB 1383 as described in the SB 1383 regulations (14 CCR Section 18995.2). The reporting requirements in Article 11 and Attachment K provide a significant portion of the City’s Implementation Record information.
Indemnitees or “Indemnified Parties”: “Indemnitees” or “Indemnified Parties” is defined in Section 13.01 of the Agreement.
Light Weight Vehicle: “Light Weight Vehicle” means a Collection vehicle Collecting Recyclable Materials or other materials that is constructed such as to be lighter weight than a traditional MSW or Recyclable Materials Collection Vehicle in order to save capital costs and to create less wear and tear on City streets.
Materials Recovery Facility (MRF): See “Clean MRF”
Memorandum of Understanding or “MOU”: “Memorandum of Understanding” means the agreement entered into between the Cities of Lake Forest and Laguna Hills dated September 20, 2021 and amended May 23, 2023. The MOU contains the agreements between the two cities to jointly prepare and issue a Request for Proposals for solid waste and recycling services.
Minimum Performance Standards: “Minimum Performance Standards” are performance metrics the Contractor must achieve regarding implementation of Diversion Programs and achievement of Contamination levels by specified dates, all as described in Section 10.02 of the Agreement.
Mobile Home Parks: “Mobile Home Parks” means a Residential community or complex comprised of individual manufactured homes that are not permanently attached to the ground or pad, and ancillary structures such as a community room, gardens, greenbelts, pools or other amenities. Mobile Home Parks served by Contractor pursuant to the Agreement have individual Cart Collection service (similar to single-family homes).
Monthly Report: “Monthly Report” means the report required to be submitted to the City on a monthly basis as described in Attachment K.
Multi-Family: “Multi-family” means a building, dwelling unit or complex containing one (1) or more dwelling units and that receives centralized Collection service from Bins and Carts, compactors and/or Roll Off Boxes in enclosures or other designated areas. Apartment complexes, condominiums, townhouses, gated developments, HOA’s, mobile home parks and similarly configured housing complexes are included if they have centralized service. Multi-Family does not include single-family Residences, duplexes, tri-plexes, four-plexes or any Residences that have individual Cart Collection service. For purposes of the implementation of programs described in Attachment B, all Tonnage tracking and reporting described in Article 11, and the Extension Incentives described in Article 10, “Multi-Family Tons” shall include only Tons Collected from Multi-Family complexes and shall not include any Tons Collected from “Commercial and Business Establishments”. (See Section 11.03A) Any dispute or ambiguity as to whether a
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Customer’s Premises qualifies as a Multi-Family dwelling shall be resolved by the City Manager and the decision of the City Manager shall be final.
Municipal Solid Waste (MSW): “Municipal Solid Waste” or “MSW” is all materials that are generated on a premises that are not Recyclable Materials, Yard Trimmings, Wood, Food Scraps, Stable Bedding/Manure, Electronic Waste, Universal Waste and/or Household Hazardous Waste that is collected by Contractor, subject to the implementation of applicable Diversion Programs to be utilized by the owners and/or occupants of all Premises in the City. MSW does not include (1) Hazardous Waste, (2) low-level radioactive waste regulated under California Health and Safety Code Sections 25800, et seq., or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Sections 25015, et seq.
Non-containerized: “Non-containerized” means, with respect to materials, (a) any materials placed inside a Cart or a Bin that prevent the complete closure of the Cart lid at a Single family Dwelling, Multi-Family Dwelling or a Commercial Business Establishment; (b) any materials strewn on the ground beside, under or around the Cart or Bin; (c) materials piled on or around the Cart or Bin or that are not fully enclosed in a Cart or Bin for collection, except for materials that are MSW, Recyclable Materials, Food Scraps/Yard Trimmings and Stable Bedding/Manure that are placed in a Roll Off Box.
Optional City-Directed Program: “Optional City-Directed Program” means a program that is not being implemented immediately as of the Effective Date, but which the City may, in its sole discretion, direct Contractor to implement at any time during the Term. Contractor’s Proposal to City contained costs for the Optional City-Directed Programs. In the event City directs commencement of an Optional City-Directed program, the maximum rate listed in Attachment D shall be adjusted as described in Attachment J for any intervening years since the Effective Date as described in Section 5.13 of the Agreement and Contractor shall charge Customers accordingly for the Optional City-Directed Program(s). The change of scope provisions in Section
5.13 shall not apply to Optional City-Directed Programs.
Orange County Landfill System: “Orange County Landfill System” means any landfill owned or operated by the County of Orange, currently including the Olinda Alpha, Frank R. Bowerman, and Prima Deschecha landfills.
Orange County Landfill System Agreement: “Orange County Landfill System Agreement” or “OCLS Agreement” means the contract entered into in 2009 between the County of Orange and the City as amended in April 2016, and as may be further amended in the future. The OCLS Agreement is in Attachment I.
Overfull or Overfilled Bin(s)/Cart(s): “Overfull or Overfilled Bin(s)/Cart(s)” (sometimes referred to in the industry as overage) means a Bin/Cart at a Commercial or Multi-Family Premises that exceeds its stated volumetric capacity by a minimum of 125%.
The following do not constitute an instance of an Overfull Bin/Cart:
(1) Bulky Items that are placed out for Collection and for which the Customer has scheduled a Collection appointment with Contractor as described in Section 4 of Attachment B; (2) cardboard boxes that have been broken down and flattened, and placed next to or near a Bin/Cart for Recycling; and
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(3) cardboard bales (or other baled materials) that are not placed in a Bin/Cart, but are baled and placed next to or near a Bin/Cart for Recycling.
The steps required for Contractor to take when encountering Overfull Bin(s)/Cart(s) are described in Section 3.10 of Attachment B.
Pavement Impact Costs: “Pavement Impact Costs” means the increased costs over and above normal design capacity wear and tear for City streets due to operation of heavy vehicles, idling time, and the multiple truck passes on streets for Collection of MSW, Recyclable Materials, Food Scraps/Yard Trimmings, Stable Bedding/Manure and Construction and Demolition Debris on Collection days. Contractor shall pay to City the Pavement Impact Costs in the manner and on the schedule described in Section 14.05 of the Agreement.
Person: “Person” includes any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County, municipality or special purpose district or any other entity whatsoever.
Plastic Containers: “Plastic containers” means all plastics made of resin numbers 1-7, specifically excluding polystyrene.
Premises: “Premises” means any land or building in the City where MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps and/or Construction and Demolition Debris is Generated or accumulated.
Processing Facilities: “Processing Facilities” means facilities where the following activities are conducted: sorting, cleaning, treating, Composting, and reconstituting Collected materials and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards of the market place. Processing Facilities include the Clean Materials Recovery Facility, Composting Facilities, Anaerobic Digestion Facilities, Facilities using Bioengineered Feedstock, Construction and Demolition Debris sorting facilities, and concrete and asphalt grinding facilities. Processing Facilities does not include Waste-to-Energy, Biomass, thermal destruction, or any type of Transformation facilities.
Producer’s Price Index: “Producer’s Price Index” or “PPI” means as defined in Attachment J.
Proposal: “Proposal” means the Proposal submitted by Contractor to City on March 1, 2024 and all subsequent written materials, representations and responses to questions provided by Contractor during the Request for Proposals process as described in Agreement Section 2.09.
Contractor’s Proposal is contained in Attachment Y.
Public Information or Customer Education: “Public Information” or “Customer Education” means all materials prepared for distribution to Customers and the general public in City to inform them about Diversion programs, the MSW and Divertible Materials Collection and Processing system, available services and costs, all aspects of Recycling and Special Services provided by Contractor pursuant to the Agreement, and all services, programs and other activities sponsored or endorsed by City. Public Information and Consumer Education includes, but is not limited to the following: brochures, bill inserts, flyers, posters, training materials, hang tags for Containers, letters, pamphlets, postcards, videos, e-mails, eblasts, social media postings, website page content, mobile phone texts and dial-out messages.
ATTACHMENT A
Definitions
Attachment A Page 12 of 15
Recovered Materials: “Recovered Materials” means those materials that are processed at a Clean Materials Recovery Facility, Compost Facility or any other Processing Facility and thus Diverted from Disposal.
Recyclable Materials: “Recyclable Materials” means material which otherwise would become, or be treated as, MSW but which, by means of a process of collecting, sorting, cleansing, treating, and/or reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the market place. “Recyclable Materials” includes Single-Stream Recyclable Materials and Single Material Recyclables. Recyclable Materials includes, but is not limited to, paper, books, magazines, cardboard boxes, plastics, metals, glass, and other similar materials authorized by the City for Collection by the Contractor. Recyclable Materials does not include Food Scraps, Yard Trimmings or Construction and Demolition Debris.
Recycle/Recycling: “Recycle” and “Recycling” mean the process of Collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become MSW and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards to be used in the marketplace.
Recycling Coordinator: “Recycling Coordinator” or “Coordinator” means the employee(s) of Contractor described in Section 8.05.H and Attachment AA of the Agreement.
Red/Green Tracking Spreadsheet: “Red/Green Tracking Spreadsheet” means the electronic software spreadsheet (or other similar software as may be approved by City) referred to in Article 11 and in Attachment K. The Red/Green Tracking Spreadsheet is created and maintained by Contractor and used by Contractor and City to document all contacts made with Customers concerning implementation of Diversion Programs, identification of Contamination, and to document and track Contractor’s completion of the Diversion Program implementation tasks listed in Section 3.7 of Attachment B.
Regulatory Compliance Costs: “Regulatory Compliance Costs” means costs for the City to administer the Agreement in order to comply with SB 1383, the Act and all other applicable laws regarding Diversion of materials from Disposal and provision of all Diversion Programs including program implementation, program enhancement, monitoring, reporting, maintenance of the Implementation Record required by SB 1383 and all other required tasks. The Regulatory Compliance Costs are paid by Contractor to City on a schedule and in a manner described in Section 14.06 of the Agreement.
Residential Customer or “Resident”: “Residential Customer” or “Resident” means a Customer that owns, rents, leases or otherwise legally inhabits a Single Family or Multi-Family Premises.
Residue: “Residue” means the portion of MSW destined for Disposal which remains after processing at the Clean MRF, Compost Facility, or other Processing Facility has taken place.
Roll Off: “Roll Off”, Roll Off Vehicle” or Roll-Off Box” refers to a large open top rectangular metal Container used to store and transport MSW, Recyclable Materials, Yard Trimmings, Construction and Demolition Debris, or other materials. Roll Off Boxes are collected by a special Roll Off
ATTACHMENT A
Definitions
Attachment A Page 13 of 15
Vehicle equipped with hooks and a winch to pull the Roll-Off Box onto the flat bed of the truck for transport. Roll Off Boxes typically come in 10, 20, 30 and 40 cubic yard sizes.
SB 1383: “SB 1383” means Senate Bill 1383 of 2016 , which added Sections 39730. 5, 39730. 6, 39730. 7, and 39730. 8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as subsequently amended. . For the purposes of this Agreement, SB 1383 specifically includes all implementing regulations of CalRecycle, including Chapter 12 of Title 14 of the California Code of Regulations, Division 7 and amendments to Title 27.
Self-Haul: “Self-Haul” means the hauling of MSW and/or Divertible materials to a transfer, Processing, or Disposal Facility or other type of facility by a Customer, Generator, owner, or occupant of any Premises.
Scout Service: “Scout Service” means moving individual Containers of MSW, Recyclable Materials, Yard Trimmings and/or Food Scraps to a centralized location on the Customer’s property where the Containers can be emptied by a front loader Collection vehicle and then returned to their original locations. The Containers are moved by a pickup truck, motorized utility cart or other similar vehicle.
Sharps: “Sharps” means new or used syringes, lancets and needles. Pursuant to state and federal law, Sharps cannot be Disposed as MSW in a landfill, but instead must be separately handled as medical waste.
“Single Family Dwelling” or “Single Family Premises”: “Single Family Dwelling” or “Single Family Premises” or “Residence” or “Residential” includes single-family dwellings, duplexes, triplexes, four-plexes, Multi-family dwellings (such as townhouses, apartments, and condominiums), gated developments, HOA’s, Community Associations and Mobile Home Parks that are provided individual Collection service for Carts at each dwelling unit, whether by means of Backyard/Sideyard, curbside or alley Collection. Dwelling units located in a building or complex that has centralized Bin and/or Cart Collection service are defined as “Multi-Family” for purposes of the Agreement.
Single-Material Recyclables: “Single-Material Recyclables” means those Recyclable Materials which satisfy each of the following requirements: (1) have been segregated from MSW for handling separate from that of MSW by or for the Generator thereof; (2) have been further segregated so that various types of Recyclable Materials, such as glass, metals, paper, cardboard, etc., are not commingled; and (3) after such segregation, contain no more than ten percent 10% Contamination by weight.
Single Stream Recyclable Materials: “Single Stream Recyclable Materials” or “Single Stream Recyclables” means those Recyclable Materials collected as separated from MSW by the Customer and consisting of a mixture of metals, glass, plastics #1-7, and all paper grades from Residential Premises. Single Stream Recyclable Materials are distinguished from Single-Material Recyclables, which consist of only a single type of material, such as glass, separated from other Recyclables.
ATTACHMENT A
Definitions
Attachment A Page 14 of 15
Source Separated: “Source Separated” means a material that is separated from MSW and from other Divertible Materials by the Generator, Customer or Tenant and placed in a separate and distinct Container (e.g. a Cart and/or a Bin) for Collection by Contractor. Examples of Source Separated materials include Source Separated Food Scraps (Food Scraps that are in a separate Container and not commingled with Yard Trimmings) and Source Separated Yard Trimmings that are not commingled with Food Scraps but are placed in a separate and distinct Container for Collection.
Split Bins: “Split Bins” means Bins that have a divider down the middle, dividing the Bin into two separate compartments. Such Bins have separate locking lids for each side of the Bin allowing the Bin to be emptied one side at a time. The lid on the side of the Bin that is for storage of Recyclable Materials is designed such that it allows for the placement of Recyclable Materials in the Bin without unlocking or opening the lid, and yet does not allow Recyclable Materials to spill out when the lid is closed and locked for the emptying of the opposite side of the Bin. The other side of the Bin may contain MSW or other materials. Typical sizes of Split Bins include 2 cubic yards, 3 cubic yards and 4 cubic yards.
Stable Bedding and Manure: “Stable Bedding and Manure” or “Stable Bedding/Manure” means horse manure and shavings, straw, other bedding, hay and horse manure. Stable Bedding/Manure excludes pet waste. Stable Bedding/Manure may be Collected from Single Family dwellings and/or Commercial businesses.
Term: “Term” means the Term of this Agreement as specified in Section 3.02, and as it may be extended by City pursuant to Section 3.03.
Ton: “Ton” means a short ton of 2,000 pounds avoirdupois.
Transformation Facility: “Transformation Facility” means a facility utilizing incineration, pyrolysis, distillation, or biological conversion other than Composting and does not include Composting, gasification, biomass conversion or “wet” or “dry” Anaerobic Digestion. [See Section
6.09 of the Agreement for the prohibition on use of Transformation Facilities for materials Collected within City.]
Universal Waste (U-Waste): For purposes of this Agreement, “Universal Waste” or “U-Waste” means electronic devices not included in the definition of “Electronic Waste” in this Attachment A, including but not limited to common AA, AAA, C Cell and D Cell batteries; fluorescent tubes and bulbs and other mercury containing lamps (including high intensity discharge [HID], metal halide, sodium and neon bulbs); mercury-containing devices such as thermostats, switches, thermometers, and relays (including those found in pre-1972 washing machines, sump pumps, electric space heaters, clothing irons, and silent light switches); pilot light sensors from gas appliances; mercury gauges from barometers, manometers, blood pressure and vacuum gauges; mercury-added novelty items such as greeting cards that play music when opened, athletic shoes with flashing lights in the soles, and mercury maze games; emptied aerosol cans, and other such items that are banned from Disposal in a landfill. (The parties acknowledge and agree that this definition may differ from that in current state law and regulations.) Certain types of Universal Waste are Collected by Contractor as part of the Household Hazardous Waste Door-to-Door Collection program as described in Section 4.2 of Attachment B.
ATTACHMENT A
Definitions
Attachment A Page 15 of 15
Yard Trimmings: “Yard Trimmings” means trimmings from trees or shrubs, plants, grass cuttings, removed or discarded branches, shrubs, plants, leaves or other materials generated from landscapes or gardens. Yard Trimmings does not include pet waste such as dog and cat feces.
Waiver: “Waiver”, “SB 1383 Waiver” or “to Waive SB 1383 Requirements” means the City’s action to grant an SB 1383 Waiver for a Generator’s obligation to implement and participate in SB 1383 Diversion Programs. The types of SB 1383 Waivers that may be granted by the City for a Commercial or Multi-Family property pursuant to SB 1383 regulations (14 CCR Title 14 Section 18984.11) are de minimus waivers and physical space constraint waivers. A Waiver may only be granted by the City. The Contractor is prohibited by SB 1383 regulations from issuing a Waiver to a Generator.
Wood: “Wood” means all non-hazardous wood material that is not painted with lead-based or other paints containing materials identified as Hazardous Waste, or treated with creosote or other Hazardous materials. Wood includes, but not limited to, tree branches and other wood trimmings, dimensional lumber and other pieces of Wood generated during the manufacture or processing of Wood products, Wood generated as part of the harvesting or processing of raw woody crops, and the Wood debris from construction and demolition activities.
Zero Emission Vehicle: “Zero Emission Vehicle” or “ZEV” means a vehicle powered by a means that creates zero emissions and is in full compliance with the California Air Resources Board Advanced Clean Fleets rule. Zero emission vehicles include but are not limited to vehicles powered by electricity (otherwise known as battery electric vehicles) and vehicles powered by hydrogen. The Zero Emission Vehicle to be provided by Contractor is described in Attachment F3.
Attachment B Scope of Work Page 1 of 93
Attachment B
Scope of Work
Attachment B Scope of Work Page 2 of 93
Table of Contents
SECTION 1: CUSTOMER BILLING, PROVISION OF CONTAINERS AND EXTRA SERVICES. .....6
1.1. Customer Billing......................................................................................................................................6
1.1.1. Residential, Commercial and Multi-Family Billing......................................................................................... 7
1.1.2. Roll Off Box Customer Billing...................................................................................................................................... 7
1.1.3. Audit of Commercial Billings....................................................................................................................................... 8
1.1.4. Audit of Residential Services Provided and Reported, and Billings for Extra Carts. .................. 8
1.1.5. Service and Billing Records and Access By City................................................................................................ 9
1.1.6. Billing For Shared Containers..................................................................................................................................... 9
1.2. Changes in Collection Services. ..........................................................................................................9
1.3. Changes in Scheduled Days of Collection......................................................................................10
1.3.1. Initial Routing For Commencement of Collection Operations. ..............................................................10
1.3.2. Route Changes After Initial Re-Routing. .............................................................................................................11
1.4. Containers for the Collection of MSW, Recyclable Materials and Food Scraps/Yard Trimmings.......................................................................................................................................................11
1.4.1. Containers for Single Family Dwelling Residential Premises. ...............................................................11
1.4.1.1. Survey of Residential Customers To Determine Cart Sizes for Residential Customers without Extra Carts. ....................................................................................................................................................................................11
1.4.1.2. Survey of Residential Customers To Determine Extra Cart Sizes for Residential Customers with Extra Carts...........................................................................................................................................................................12
1.4.1.3. Contractor Distribution of New Carts and Removal of Old Carts ..........................................................13
1.4.1.4. Carts for Basic Residential Service......................................................................................................................13
1.4.1.5. Extra Carts for Residential Service. ....................................................................................................................13
1.4.1.6. Non-Containerization. ..............................................................................................................................................13
1.4.1.7. Exchange of Non-damaged Carts and/or Carts’ Sizes.................................................................................14
1.4.1.8. Cleaning of Carts. ........................................................................................................................................................14
1.4.1.9. Replacement of Kitchen Pails for Food Scrap Diversion Program........................................................14
1.4.1.10. Change of Number of Pick-Up Days for Residential 3-Cubic-Yard Bin for Stable Bedding and Manure Service............................................................................................................................................................................14
1.4.1.11. Repair and Replacement of Containers..........................................................................................................14
1.4.2. Containers for Multi-Family Dwellings, Commercial and Business Establishments and City Facilities..............................................................................................................................................................................................14
1.4.2.1. Sizes and Types of Containers to be Provided...............................................................................................15
1.5. Container Color Coding and Labeling. ...........................................................................................16
1.5.1. Color Coding. .......................................................................................................................................................................16
1.5.2. Container Labeling and Signage. .............................................................................................................................17
1.5.3. Distribution of Recycling Guide to New Customers......................................................................................17 SECTION 2: SINGLE FAMILY AND MULTI-FAMILY DWELLING RESIDENTIAL COLLECTION SERVICES. ...................................................................................................................................................18
2.1. Single Family Dwelling Residential Basic Level of Service. ....................................................18
2.1.1. New Residences Constructed and Occupied During the Term...............................................................18
2.2. Single Family Dwelling Residential MSW Collection.................................................................18
2.3. Single Family Dwelling Recyclable Materials Diversion Program. ......................................18
2.4. Single Family Dwelling Food Scrap/Yard Trimmings/Stable Bedding and Manure Collection Program Utilizing Carts..........................................................................................................19
2.4.1. Single Family Dwelling Stable Bedding and Manure Collection Program Utilizing 3-CubicYard Bins. ...........................................................................................................................................................................................21
Attachment B Scope of Work Page 3 of 93
2.5. Backyard/Sideyard Wheel-Out Service.........................................................................................21
2.6. Monitoring of Contamination in All Residential Collection Programs. ..............................22
2.6.1. Characterizations and On-Site Field Audit Requirements. ......................................................................22
2.6.2. Observation and Issuance of Contamination Notices to Customers...................................................22
2.7. Procedures For Handling Residential Non-Containerized MSW, Recyclable Materials, Food Scraps/Yard Trimmings/Stable Bedding and Manure and Other Materials. ................23
2.7.1. Each Instance of Contractor Encountering Non-Containerized Waste..............................................24
2.8. Multi-Family Complex Residential Basic Level of Service.......................................................25
2.8.1. New Multi-Family Complexes Constructed and Occupied During the Term..................................26
2.8.2. Multi-family Family Dwelling Stable Bedding and Manure Collection Program Utilizing Carts, Roll-off Boxes, and 3-Cubic-Yard Bins.................................................................................................................26
2.9. Multi-Family Complex Residential MSW Collection..................................................................26
2.10. Multi-Family Complex Residential Diversion Services..........................................................26
2.10.1. Multi-Family Complex Residential Recyclable Materials Diversion Program...........................27
2.10.2. Multi-Family Complex Food Scrap, Yard Trimmings, Wood Diversion Program, and Stable Bedding and Manure Program(s). .......................................................................................................................................27
2.10.3. Distribution of Food Scrap Kitchen Pails to Multi-Family Customers. ...........................................28
2.11. Monitoring of Multi-Family Complex Residential Programs...............................................29 SECTION 3: COMMERCIAL AND BUSINESS ESTABLISHMENT PREMISES SERVICES. ..........31
3.1. Basic Level of Service...........................................................................................................................31
3.2. MSW Collection. .....................................................................................................................................31
3.3. Diversion Programs. ............................................................................................................................31
3.3.1. Single Stream Recyclable Materials and Single-Material Recyclables Collection (AB 341 Program and SB 1383 3-Cart/3 Bin System).................................................................................................................32
3.3.1.1. Commercial Recycling Collection Utilizing A Lightweight Collection Vehicle. ................................32
3.3.2. Source-Separated Commercial Food Scrap Collection................................................................................32
3.3.3. Source-Separated Yard Trimmings and Wood Collection Program. ..................................................33
3.3.4. Co-Collected Food Scraps/Yard Trimmings Program/Stable Bedding and Manure.......33
3.3.4.1. Commercial Stable Bedding and Manure Collection Program Utilizing Carts, Roll-off Boxes, and 3-Cubic-Yard Bins..............................................................................................................................................................34
3.3.5. Customer Use of Other Methods of Food Scrap Diversion........................................................................34
3.3.6. Edible Food Recovery. ...................................................................................................................................................34
3.4. AB 827/SB 1383 Divertible Material Containers for Use by Public.....................................35
3.5. Monitoring of Diversion Programs at Multi-Family Dwellings and Commercial and Business Establishments............................................................................................................................35
3.6. Implementation of All Required Diversion Programs at New Commercial and Business Establishments Constructed During the Term and In Event of change in Key Personnel or Business Relocation. ....................................................................................................................................36
3.7. Required Tasks For Implementation of Diversion Programs. ..............................................37
3.8. SB 1383 Waivers. ..................................................................................................................................43
3.9. Observation and Issuance of Contamination Notices to Commercial Customers. ..........44
3.10. Requirements for Each Instance of Contractor Encountering Overfull Commercial and/or Roll-off Containers.........................................................................................................................46
Attachment B Scope of Work Page 4 of 93
3.11. Other Services To Be Provided. .....................................................................................................47
3.11.1. Miscellaneous Services. .............................................................................................................................................47
3.11.2. Scout Service. ...................................................................................................................................................................48
3.11.3. Manual Can Service. .....................................................................................................................................................48
3.12. Changes in Collection Services.......................................................................................................49
3.13. Consultations and Technical Assistance.....................................................................................49
3.13.1. Customer Consultations. ...........................................................................................................................................49
3.13.2. City and Developer Consultations. ......................................................................................................................49
3.14. Cooperation For Waste Characterizations, On-Site Field Container Contamination Audits and Other Studies............................................................................................................................49
3.15. Temporary Bin and Roll-Off Services. .........................................................................................50
3.16. Construction and Demolition Debris Recycling.......................................................................51 SECTION 4: SPECIAL SERVICES............................................................................................................56
4.1. Bulky Items Services............................................................................................................................56
4.1.1. Bulky Items Collection Services for Single Family Premises. .................................................................57
4.1.2. Bulky Items Collection Services for Multi-Family Premises. ..................................................................58
4.1.2.1. Bulky Item Collection For Individual Multi-Family Residents................................................................59
4.1.3. Re-Usable/Donated Item Collection For Single Family Residents.......................................................59
4.2. Household Hazardous Waste Collection Program for Single Family Dwellings and Annual Drop Off Event.................................................................................................................................60
4.2.1. Household Hazardous Waste Collection Program for Single Family Dwellings. .........................60
4.2.2. Household Hazardous Waste Annual Drop-off Event. ................................................................................63
4.3. Holiday Greenery Collection and Recycling.................................................................................64
4.4. Sharps Pre-Paid Mail-Back Program..............................................................................................65
4.5. Annual Compost Giveaway Events. .................................................................................................65
4.6. Composting Workshop........................................................................................................................66
4.7. City Services............................................................................................................................................67
4.7.1. City Sponsored Special Events. .................................................................................................................................67
4.7.1.1 Aluminum Cups for Special Events.....................................................................................................................69
4.7.2. Large Venue Special Events........................................................................................................................................69
4.7.3. Non-City Sponsored Special Events. ......................................................................................................................71
4.7.4. Emergency Collection and Disposal Service.....................................................................................................72
4.7.5. Collection Services at City Facilities......................................................................................................................72
4.7.5.1. Provision and Collection of Roll Off Box at City Yard..................................................................................72
4.7.6. Bulky Item Collection Service For Public Rights-of-Way. .........................................................................73
4.7.7. Collection, Disposal and Recycling Services for City Bus Shelters.............................................73
4.8. Reverse Vending Machines. ...................................................................................................................................74 SECTION 5: PUBLIC INFORMATION AND CONSUMER EDUCATION. ........................................76
5.1. Ongoing Public Outreach to Be Conducted by Contractor. .....................................................76
5.2. Professionally Designed and Produced Public Outreach Materials. ...................................77
5.2.1. Contractor Mailing Procedures................................................................................................................................77
5.3. City Council Presentations.................................................................................................................77
5.4. Residential Public Education and Outreach Materials.............................................................77
Attachment B Scope of Work Page 5 of 93
5.4.1. Annual Updated Residential Recycling Guide. ................................................................................................77
5.4.2. Semi-Annual Residential Special Programs – Notifications. ...................................................................78
5.4.3. How-To Video for Residential Program..............................................................................................................79
5.4.4. Initial Re-Routing – Residential Outreach. ........................................................................................................80
5.4.5. Food Scrap Kitchen Pail Brochure – Single Family Dwellings. ..................................................................80
5.4.6. Food Scrap Kitchen Pail Brochure – Multi-Family Properties. ..................................................................81
5.5. City News Articles. ................................................................................................................................81
5.6. HOAs and Property Managers Notice and Meetings..................................................................82
5.7. Brochure for Multi-Family Commercial, HOA’s and Gated Communities – Yard Trimmings.......................................................................................................................................................82
5.8. Brochure for Commercial and Business Establishments Services.......................................83
5.9. Brochure for Commercial and Business Establishments – SB 1383....................................83
5.10. AB 827/SB 1383 Food Scraps Brochure, Training Materials and Signage......................84
5.11. SB 1383 Commercial Restaurants Food Scraps Brochure, Training Materials and Signage..............................................................................................................................................................84
5.12. Edible Food Donation Brochure for SB 1383 Tier 1 and Tier 2 Generators...................85
5.13. Special Events Brochures, Training Materials and Signage.................................................85
5.14. How-To Video for Commercial Program and Business Testimonials. .............................86
5.15. Waste Diversion and Recycling Program Social Media Posts..............................................87
5.16. Bin Sensor Brochures and Training Materials for Business and Commercial Establishments and Multi-Family Commercial...................................................................................88
5.17. Corrective Action Notice. .................................................................................................................88
5.18. City Right to Participate in Regional or Joint-Jurisdictional Public Education and Consumer Information Campaigns. ........................................................................................................89
5.19. Website. .................................................................................................................................................89
5.20. Seminars, Workshops, Presentations, Meetings......................................................................89
5.21. Non-Bill Mailing Lists. .......................................................................................................................89 SECTION 6: MATERIAL STREAMS AND CONTAMINANTS. ...........................................................90
Attachment B Scope of Work Page 6 of 93
SECTION 1: CUSTOMER BILLING, PROVISION OF CONTAINERS AND EXTRA SERVICES.
Effective July 1, 2025, Contractor shall be responsible for billing and collecting payment from Customers for services rendered pursuant to the Agreement, as more fully described in this Section.
1.1. Customer Billing.
Contractor shall prepare and mail (or provide electronically) bills to all Customers (including Residential, Multi-Family, Commercial, temporary and permanent Roll Off and Compactor) and shall be solely responsible for following all prudent business practices for collection of payments from Customers. The Customer shall choose the method of receipt of the bill and payment of the bill. Contractor shall provide the following Customer options which include, but are not limited to, receiving the bill by mail or by electronic means, and paying the bill by mail, paying by cash, check or credit/debit card at a local Contractor office or by electronic means, except for Roll Off Box Customer billing which is described separately in Section 1.1.2 of this Attachment B. Contractor shall never bill for services not verifiably rendered; if a billing error is made for a service that was not provided, then Contractor shall provide a timely refund or credit to the Customer. If Contractor makes an error and fails to bill a Customer for services provided over an extended period of time, Contractor shall only be able to recover payment for the most recent three (3) months of services provided. In such event, Contractor shall discuss the situation with the Customer, issue a bill for up to three (3) months of services provided, and allow the Customer sixty (60) days to pay the bill.
Contractor shall prepare bills for all Customers that clearly and accurately list the rates in effect and charged by Contractor to Customer at the time services were provided (which may not exceed the Applicable Maximum Rates, initially set forth in Attachment D for the time period in which services will be provided. Bills shall fully explain and display all calculations of each charge. Such charges shall not exceed the Applicable Maximum Rates in Attachment D, as may be adjusted annually pursuant to Article 14 of and Attachment J of the Agreement. Contractor shall initially resolve any disputes related to charges to Customers. In the event Contractor cannot resolve a dispute, City may, at its option, review the matter and make a decision. In this event, the decision of the City shall be final.
On or before April 1, 2025, Contractor shall submit to City a draft of bill format(s) and a line-item description for each charge, together with an example of a completed bill for an individually-serviced Single Family Dwelling Residential Premises, an individuallyserviced Single Family Dwelling Residential Premises three-Cart Collection service showing how Stable Bedding and Manure Residential Cart Collection service would be shown on the bill if applicable, a centrally-billed Multi-family Premises, a Commercial and Business Establishment with Recycling, Food Scrap/Yard Trimmings and MSW Collection services and also showing how Stable Bedding and Manure 3-yard Collection service would be shown on the bill, and a temporary Roll Off Box service for review and
Attachment B Scope of Work Page 7 of 93
approval. The bill format for the Single Family Dwelling Residential Premises shall include information showing Customers the lower rate for the smaller MSW Cart as well as itemize any additional charges for extra Carts. Contractor shall also, at the same time as submittal of the draft billing formats, submit a draft of a conveniently sized listing of services and maximum rates that will be in effect as of July 1, 2025 that may be distributed to, and retained for reference by, all Customers. Once approved by City, the brochure on services and maximum rates shall be mailed to all Customers by May 30, 2025 (unless another schedule is directed by City).
Contractor shall have the ability to include short messages on bills that the City can use to increase Customer awareness regarding Diversion programs, notify Customers of rate adjustments, or provide other important information to the Customer. City shall review and approve all billing messages at least 30-days prior to distribution.
In the event of Customer non-payment of bills, Contractor shall be responsible for collecting delinquent charges for services it renders to Customers. Contractor may employ measures, consistent with federal and California laws regulating the collection of debts, to obtain payment of charges including use of its own employees to obtain judgments in Small Claims Court and to enforce such judgments. If Contractor has not received payment within forty-five (45) days of issuance of a bill, Contractor may issue a written notice that it will stop service within fourteen (14) calendar days. Contractor shall notify City of its intent to issue such a notice at least five (5) days prior to sending the notice. If no payment is made, Contractor may remove Carts and/or other Containers that Contractor has provided to the Customer. If City has evidence or other information as to why service should not be stopped, City will confer with Contractor. The decision of City as to whether or not service may be terminated shall be final. Contractor may charge the Resumption of Service Charge in accordance with the Applicable Maximum Rates once delinquent Customers with terminated service have paid their account in full. Contractor shall include a list of Customers whose service has been terminated for non-payment and a list of Customers for whom service has been restarted after full payments in the monthly reports to the City as required in Attachment K.
1.1.1. Residential, Commercial and Multi-Family Billing.
Contractor shall invoice Single Family Residential on a monthly or quarterly basis.
Whether Customers will be billed in arrears or in advance, and the frequency of Residential billing will be determined as part of the transition discussions between the City and Contractor prior to the start of operations. The decision of the City will be final.
Contractor shall invoice Commercial and Multi-Family Commercial Customers on a monthly basis, in arrears, based upon the size of their Containers and the frequency of Collection, no more than the Applicable Maximum Rates. Changes to container size and frequency that occur during the month will be pro-rated. In the event of non-payment of a bill, Contractor shall follow the procedures described in Section 1 of this Attachment B.
1.1.2. Roll Off Box Customer Billing.
Attachment B Scope of Work Page 8 of 93
Contractor shall accept major credit cards for payment for permanent and temporary Roll Off Box service. For any Customer electing not to pay with a credit card, Contractor may (a) invoice monthly, or semi-monthly in arrears with payment due within fifteen (15) or thirty (30) days from the invoice date (i.e., the beginning of the month or the inception of service); or (b) require Customer to post a security deposit or pay on a “Cash on Delivery” (COD) basis. Any unused portion of a security deposit shall be refunded to the Customer within five (5) business days of the termination of service. Delinquent accounts shall be handled as described in Section 1 of this Attachment B.
1.1.3. Audit of Commercial Billings.
Contractor shall audit all amounts billed to each Commercial Customer (including all Multifamily and Multi-plex Customers with centralized Bin Collection service) to compare the amount being charged with the level of service, including the size(s) of Container(s) and the frequency of service, on an annual basis beginning in July 2026. Contractor shall submit a written report to City documenting the results of the audit and noting any discrepancies identified and the date upon which the discrepancies were corrected. The report shall be submitted by July 31 during each year of the Term beginning in 2026.
1.1.4. Audit of Residential Services Provided and Reported, and Billings for Extra Carts.
By September 1, 2025, Contractor shall review and audit the level of service being provided to each Individually serviced Residential Cart Customer (including individually serviced Cart Customers in Single-family, Multi-family, multiplexes, mobile home parks, HOAs, and gated developments), both for basic services and for Extra Services, (including all amounts billed to each Customer for any Extra Carts and Extra Services).
Said audit shall compare the actual sizes, number and types (MSW, Recyclable Materials, and Food Scrap/Yard Trimmings/Stable Bedding/Manure) of Carts provided to each Customer, frequency of Collection, and any Extra Services provided by Contractor, to the amounts reported to the City for basic services and to the amounts being charged to Customers for Extra Carts and Extra Services. Contractor shall submit a written report to City documenting the results of the audit and noting any discrepancies identified and the date upon which the discrepancies were corrected. The report shall provide a listing to the City of all households that do not have a Cart for the Recyclable Materials Collection program and/or for the Food Scrap/Yard Trimmings Collection program and/or MSW Collection program. Contractor shall use results of this audit to determine which Residents to send notice of Extra Carts as described in Section 1.6.1.4 of this Attachment B.
Annually thereafter, in accordance with the annual CalRecycle compliance review processes set forth in SB 1383, Contractor shall review and audit the level of service being provided to each Individually serviced Residential Cart Customer (including individually serviced Cart Customers in Single-family, Multi-family, multiplexes, mobile home parks, HOAs, and gated developments), both for basic services and for Extra Services, (including all amounts billed to each Customer for any Extra Carts and Extra
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Services). Said audit shall compare the actual sizes, number and types (MSW, Recyclable Materials, and Food Scrap/Yard Trimmings/Stable Bedding/Manure) of Carts provided to each Customer, frequency of Collection, and any Extra Services provided by Contractor, to the amounts reported to the City for basic services and to the amounts being charged to Customers for Extra Carts and Extra Services on an annual basis. The audit shall list the Customers receiving basic service with a 95-gallon MSW cart, a 65- gallon cart and a 35-gallon cart compared to the amounts being charged to the Customers based on the size of their MSW cart. Contractor shall submit a written report by July 31, 2026 and annually on that date thereafter to City documenting the results of the audit and noting any discrepancies identified and the date upon which the discrepancies were corrected. The report shall provide a listing to the City of all households that do not have a Cart for the Recyclable Materials Collection program and/or for the Food Scrap/Yard Trimmings/Stable Bedding and Manure Collection program and/or MSW Collection program.
1.1.5. Service and Billing Records and Access By City.
Contractor shall maintain copies of records of all services provided to Customers, and copies of all billing records and receipts, in chronological order, for the entire Term of the Agreement, and for a period of two (2) years following termination of the Agreement, for inspection by the City upon request. The Contractor may maintain these records in electronic form or hard copy, provided records can be preserved and retrieved for inspection and verification in a timely manner, are sufficient to verify accuracy of all services provided, all billings issued, payments made by Customers, and payments of the Regulatory Compliance Cost, Pavement Impact Cost, Procurement Compliance Cost and any other City fees.
1.1.6. Billing For Shared Containers.
Single Family Dwelling Residential Customers and Commercial and Business Establishments may request and receive shared Container service and billing. Contractor shall, upon Customer request, divide the rate for a single Container between Customers that are sharing said Container for MSW, Recyclable Materials, Yard Trimmings and/or Food Scraps and/or Stable Bedding and Manure. Customers requesting to share Container service and billing shall determine each Customers’ share of the Applicable Maximum Rates for the size of Container and for the type and frequency being provided, and submit each Customer’s share of the total monthly billing amount to Contractor.
Contractor shall issue separate monthly bills to each Customer based on the monthly billing amounts submitted by Customers requesting to share Container service and billing.
Contractor shall provide such billing for shared Containers at no additional charge to the Customers requesting this service. Contractor shall provide the City with a listing of Customers that subscribe to shared service in the annual reports described in Attachment K.
1.2. Changes in Collection Services.
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Contractor shall be responsible for: (A) establishing services for new Customers; (B) stopping services and preparing a final billing on a pro rata basis for a Customer permanently discontinuing service; (C) suspending services at an individually billed Single Family Residential Premises, Multi-Family Residential Premises or Commercial and Business Establishments one time in a calendar year for a period of up to 60 calendar days for temporary vacation stops. During temporary vacation stops, the Customer shall incur no charges for Collection services not provided and, if Customer is due a refund and/or credit, Contractor shall provide a timely refund or credit to the Customer for payment made in advance of temporary vacation stops. Temporary vacation stops must be for a minimum of thirty (30) days. For temporary vacation stops, Contractor shall not charge Customer to restart service. If a temporary vacation stop request exceeds 60 calendar days, Contractor may arrange to pick-up the Containers from the Customer and require the Customer to restart service as the account will be considered discontinued.
Contractor shall, for approval of City, develop a procedure and confirmation form to document requests for commencement and termination of, and changes in, service, as well as for temporary vacation stops. Customers shall be provided a copy of the confirmation form noting effective date of start-up, change, suspension or termination of Collection services and other pertinent details, such as date of issuance of refund for services not provided but for which Customer has paid. Customers shall be provided a copy of the confirmation form noting pertinent details related to vacation stops. Contractor shall provide the City with a listing of Customers that arranged for temporary vacation stops in the annual reports described in Attachment K.
1.3. Changes in Scheduled Days of Collection.
1.3.1. Initial Routing For Commencement of Collection Operations.
Contractor has provided the City with a preliminary map of the re-routing that will be required to achieve cross-jurisdictional efficiencies and more efficient residential routes.
On or before September 1, 2024, Contractor shall provide the City with a final route map for Collection operations. Contractor shall work closely with City and City’s street sweeping company to plan the new Collection routes to coordinate with street sweeping operations.
On or before March 1, 2025, Contractor shall provide new route lists reflecting the finalized route maps, for City’s review. Upon City approval, Contractor shall notify residents of all changes to their scheduled days of Collection as described in Section 5 of this Attachment B. Collection by the Contractor using the new Collection routes and schedule shall commence on July 1, 2025 or on another date mutually agreed upon by the City and Contractor. During the first two (2) weeks of Collection utilizing the new route maps and route lists, i.e., the week of July 1-5 and the week of July 8-11, Contractor shall provide extra collection service on the former service day for each neighborhood impacted by the service day changes. For example, if neighborhood “A” had Monday Collection service days before the new routes go into effect, and the service day changes for neighborhood “A” on the new route maps and route lists going into effect, Contractor shall continue to provide back-up Collection service for the first two (2) Mondays in
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neighborhood “A” after the new service day is implemented. This back-up Collection service shall Collect all Carts containing MSW, Recyclable Materials and Yard Trimmings/Food Scraps/Stable Bedding and Manure that were mistakenly rolled out to the curb by Customers on the former (“old”) Collection day instead of on the new Collection day. This back-up Collection shall occur in all affected neighborhoods throughout the City in addition to Collection on the new service day. Contractor shall source separate and Divert materials that are Collected while conducting these back-up Collection routes.
1.3.2. Route Changes After Initial Re-Routing.
Once the initial routing of Collection days for MSW, Yard Trimmings/Food Scraps/Stable Bedding and Manure, and Recyclable Materials has been established as described in Section 1.3.1 of this Attachment B for individually serviced Single Family Dwelling Residential Premises, the schedule shall not be changed without the prior written approval of the City. Contractor shall request approval from the City ninety (90) days prior to any planned change in a scheduled day of Collection for any Single-Family Dwelling. As a condition of approval of such a change, City may require Contractor, at Contractor’s sole expense, to notify all affected Customers of the change by first-class postage, and to provide “back-up” Collection service on the former day(s) of Collection, for the first two weeks after implementation of the new routing, as described in Section
1.3.1 of this Attachment B. All details and scheduling of such notice shall be subject to approval by the City.
Scheduled Collection days for MSW, Food Scraps/Yard Trimmings/Stable Bedding and Manure, and Recyclable Materials may be changed at the request of the occupant or Authorized Customer Representative of any Commercial and Business Establishment, including Multi-Family Premises, without the approval of City. In the event of a disagreement between Contractor and a Customer at Commercial and Business Establishments or Multi-family Premises, the City will determine the final schedule of Collection days.
1.4. Containers for the Collection of MSW, Recyclable Materials and Food Scraps/Yard Trimmings.
Contractor shall be responsible for furnishing all Containers as described in this Section 1 of Attachment B. Containers shall comply with all Applicable Laws, including color and marking requirements under the SB 1383 implementing regulations of CalRecycle and any applicable reflective marking requirements under Health and Safety Code section 26275.
1.4.1. Containers for Single Family Dwelling Residential Premises.
1.4.1.1. Survey of Residential Customers To Determine Cart Sizes for Residential Customers without Extra Carts. Prior to the commencement of Collection operations on July 1, 2025 Contractor shall survey all Residential Customers without Extra Carts to
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determine the size of Cart they prefer for each material. Contractor shall send a two-part postcard or mailer to each Residential Customer requesting they mail back the postcard or portion of the mailer with their choice of 35-gallon, 65-gallon, or 95-gallon Cart size for each of the following materials: MSW, Recyclable Materials and Food Scraps/Yard Trimmings/Stable Bedding and Manure. The postcard shall also include the associated rates in accordance with the Applicable Maximum Rates, including the fact that the cost of the basic residential service is based upon the Customer’s selection of the size for their MSW Cart (i.e., a 35-gallon MSW Cart costs less than a 65-gallon MSW Cart and a 65- gallon MSW cart costs less than a 95-gallon MSW Cart.) For Recyclable Materials and Food Scrap/Yard Trimmings/Stable Bedding and Manure Carts, Customers may select from 35-gallon, 65-gallon, or 95-gallon without impacting their rate, and Customers may select one (1) or two (2) Recycling Carts of any size without impacting their rate. [Two (2) Recycling Carts are included in the City’s basic service rate; there is not a discount for a Residential Customer selecting only one (1) Recycling Cart]. In addition to Cart service described above, the postcard shall include information on 3-yard Residential Stable Bedding and Manure Bins available to Residential Customers for Stable Bedding and Manure Service and the Contractor’s rates subject to the Applicable Maximum Rates as set forth in Attachment D, as may be adjusted per the terms of this Agreement. Contractor shall also coordinate with City to remind Customers about making these choices, and the Contractor’s rates subject to the Applicable Maximum Rates, by use of the City and Contractor’s websites and all available City and Contractor print and social media. If Customer makes no Cart size selection for one or more of the materials, Contractor shall provide the Customer with the existing Cart sizes (and/or 3-yard Residential Stable Bedding and Manure Bin, if applicable) that were provided by the previous contractor for Residential Recyclable Materials, Residential Food Scraps/Yard Trimmings/Stable Bedding and Manure, and Residential MSW. The postcard mailed to Residential Customers shall explain the default size of 95-gallons for Residential Recyclable Materials, Yard Trimmings/Food Scraps/Stable Bedding and Manure and MSW and inform Customers as to how to request different sized Containers, as well as associated Applicable Maximum Rates. Contractor shall purchase and distribute the new wheeled Carts described in Attachment E-2. The postcard shall also include a link to an online survey program that will allow the Customer to make an online selection for new cart sizes.
1.4.1.2. Survey of Residential Customers To Determine Extra Cart Sizes for Residential Customers with Extra Carts. Prior to the commencement of Collection operations on July 1, 2025, Contractor shall survey all Residential Customers with Extra Carts, based on a list provided by the previous contractor. For Residential Customers with Extra Carts, the two-part postcard or mailer shall also include the current sizes and material type of the Extra Cart(s) being provided by the previous contractor and the associated Applicable Maximum Rates for the Extra Cart(s). The postcard or mailer will provide the Residential Customers the opportunity to change the number of Extra Cart(s) they prefer as part of the mail-back portion of the two-part postcard or mailer. As described in Section 1.4.1.1, the basic Residential rate includes one (1) Residential MSW Cart with differing rates dependent on Cart size, one (1) or two (2) Recycling Carts of any size and one (1) Yard Trimmings/Food Scraps/Stable Bedding and Manure Cart of any size. The postcard or mailer shall explain that an Extra Cart charge shall occur upon the
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Residential Customer’s new or continued request for each additional grey MSW Cart after the first, upon the Customer’s new or continued request for each additional blue Recycling Cart after the second, and upon a Customer’s new or continued request for each additional green Yard Trimmings/Food Scraps/Stable Bedding and Manure Cart after the first. The postcard or mailer shall inform the Residential Customers that they may reduce the number of Extra Carts they were provided by the previous contractor which will reduce the amount they will be charged effective July 1, 2025 in accordance with the Applicable Maximum Rates. [The only instance in which a reduction of Extra Carts will not result in a rate reduction is when a Residential Customer reduces their number of Recycling Carts from two (2) Carts to one (1) Cart as Residential basic service includes either one (1) or two (2) Recycling Carts]. If a Residential Customer reduces their number of Extra Carts, Contractor shall reduce the Residential Customer’s charges accordingly effective July 1, 2025, and make arrangements to pick up the Extra Cart(s) as soon as possible. If Contractor is unable to pick up the Extra Cart(s) until after July 1, 2025, the Residential Customer will not be charged for the Extra Cart(s) as of July 1, 2025.
1.4.1.3. Contractor Distribution of New Carts and Removal of Old Carts. Contractor shall collect all of the existing old, wheeled Carts such that no Customer is ever without all required Carts. Contractor shall make arrangements for old Carts collected by Contractor to be either recycled or reused. Contractor shall provide City a schedule and plan for Cart distribution and collection of the old Carts in Attachment C and shall follow said schedule. All of the existing (old) wheeled Carts shall be replaced with the new wheeled Carts as described in Attachment E-2, on or before July 1, 2025.
1.4.1.4. Carts for Basic Residential Service. Contractor shall provide each Single Family Dwelling Residential Customer with a minimum of three (3) or four (4) wheeled Carts with lids for the basic level of service: one (1) grey MSW Cart (of the size requested by the Customer), one (1) or two (2) blue Recycling Carts (of the sizes requested by the Customer), and one (1) green Cart for Yard Trimmings/Food Scraps/Stable Bedding and Manure (of the size requested by the Customer) subject to the Applicable Maximum Rates. If a Single Family Dwelling Residential Customer’s Cart sizes are not determined from the previous contractor’s records or from a response to the Cart survey described in Section 1.4.1.1, the Customer shall receive the default Cart size for Residential MSW, Recycling and/or Yard Trimmings/Food Scraps/Stable Bedding and Manure Carts of 95- gallon Carts.
1.4.1.5. Extra Carts for Residential Service. An Extra Cart charge shall occur upon the Residential Customer’s request for a second (2nd) or subsequent additional grey MSW Cart, upon the Customer’s request for a third (3rd) or subsequent additional blue Recycling Cart and upon a Customer’s request for a second (2nd) or subsequent additional green Yard Trimmings/Food Scraps/Stable Bedding and Manure Cart. Contractor shall charge Residential Customers for the Extra Carts in accordance with the Applicable Maximum Rates.
1.4.1.6. Non-Containerization. By April 15, 2025, Contractor shall direct mail to all Customers to provide information and notice regarding the prohibition against Noncontainerization. As of July 1, 2025, Customers shall be required to Containerize all MSW,
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Recyclable Materials and Yard Trimmings/Food Scraps/Stable Bedding and Manure. The notice will inform Customers, and include graphic and/or photo representations, of the meaning of Containerization and Non-containerization, and educate Customers on the need for Containerization. The City may choose to enforce the containerization requirement through its Code Enforcement process.
1.4.1.7. Exchange of Non-damaged Carts and/or Carts’ Sizes. Upon Customer request, as described herein, Contractor shall change Cart sizes from their existing configuration to any combination of sizes of carts for MSW, Recyclable Materials, Cocollected Food Scraps/Yard Trimmings/Stable Bedding and Manure. Customer’s rate will be adjusted in accordance with the Applicable Maximum Rates. Customer may exchange non-damaged Carts sizes and/or exchange out same-sized non-damaged Carts one (1) time per year during Term with no additional charge for pick up and/or drop off of Carts.
During the one time per year exchange, Customer may exchange one or all their nondamaged Carts sizes and/or exchange one or all of their non-damaged Carts for samesized Carts at no additional charge for pick up and/or drop off of Carts. Upon the Customer’s request for a second (2nd) or more exchange of non-damaged Carts sizes and/or exchange of same-sized non-damaged Carts during the same year during Term, Contractor shall charge Customers for the additional exchange(s) in accordance with the Applicable Maximum Rates.
1.4.1.8. Cleaning of Carts. Upon Customer request, Contractor shall clean Cart(s) in accordance with the Applicable Maximum Rates.
1.4.1.9. Replacement of Kitchen Pails for Food Scrap Diversion Program. Contractor shall provide a replacement kitchen pail to Customers (as shown in Attachment GG) upon request and may charge for the replacement kitchen pail in accordance with the Applicable Maximum Rates.
1.4.1.10. Change of Number of Pick-Up Days for Residential 3-Cubic-Yard Bin for Stable Bedding and Manure Service. Upon Customer request, as described herein, Contractor shall change the number of pick-up days for a Residential 3-cubic-yard Bin for Stable Bedding and Manure service in accordance with the Applicable Maximum Rates.
1.4.1.11. Repair and Replacement of Containers. During the entire Term of the Contract, Contractor shall maintain an adequate inventory of Carts and Containers to fulfill and meet all needs of Customers in City. Contractor shall be responsible for the repair and replacement of all Carts and Containers that are broken, damaged, tagged with graffiti, lost, or stolen. The repair, refurbishment and replacement of Carts and Containers shall be at the sole expense of the Contractor. The Contractor shall submit, on a quarterly basis, a report showing the inventory of all Carts and Containers as well as a record of the replacement and repair schedule for the prior ninety (90) days in the quarterly report described in Attachment K.
1.4.2. Containers for Multi-Family Dwellings, Commercial and Business Establishments and City Facilities.
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1.4.2.1. Sizes and Types of Containers to be Provided. Contractor shall offer and furnish the following sizes and types of wheeled Carts with lids: thirty-five (35) gallon, sixty-five (65) gallon, and ninety-five (95) gallon for MSW, Recyclable Materials, SourceSeparated Food Scraps, Co-collected Food Scraps/Yard Trimmings/Stable Bedding and Manure. Yard Trimmings/Wood, and Source-Separated Stable Bedding and Manure.
The Carts shall meet the specifications listed in Attachment E-1 and shall be color-coded as described in this Section 1 of Attachment B. Contractor shall also offer and furnish the following sizes and types of Bins, Compactors and Roll Off Boxes: one (1) cubic yard, one and one-half (1.5) cubic yard, two (2) cubic yard, three (3) cubic yard, four (4) cubic yard, six (6) cubic yard Bins; Split two (2) cubic yard Bins, Split three (3) cubic yard Bins, Split four (4) yard Bins; three (3) cubic yard Bin Compactors, and four (4) cubic yard Bin Compactors; ten (10) cubic yard, twenty (20) cubic yard, thirty (30) cubic yard and forty (40) cubic yard Roll Off Boxes. Contractor shall mark all Bins, Bin Compactors, Roll Off Boxes and Contractor-owned Compactors that are longer than three feet (3’) in length and taller than four feet (4’) in height with reflectors on each side. The reflectors shall consist of eight (8) strips of reflective tape, each a minimum of two inches (2”) wide and two feet (2’) long. One tape strip shall be applied horizontally to each of the top and bottom portions of the four corners where the vertical walls of the Container meet, and be oriented so that approximately twelve inches (12”) of each tape strip is visible on each of the two outside walls to which it is applied. (Bins that are smaller in size than three feet (3’) in length and taller than four feet (4’) in height, shall be marked on each side with reflective tape sized according to the Bin’s size.) The fluorescent tape shall be fluorescent yellow and made of high-performance retroreflective sheeting of American Society for Testing and Materials (ASTM) D4956-13 Type V, VIII, IX or XI. If reflective tape cannot be applied to a Container in the manner described above because of the design or a physical characteristic of the Container, the reflective tape shall be placed as close to the top and bottom of the Container as possible or on the center of the smaller outside facing walls of the Container. All Bins, Bin Compactors, Contractor-owned Compactors and Roll Off Boxes shall also be clearly labeled with Contractor’s name and current telephone number.
Contractor shall provide Compactor pull service for Commercial and Business Establishments and City Facilities and Customers located at any of said Premises may, at their sole discretion, lease and/or purchase Compactors from any Person, company, manufacturer, or distributor, including, but not limited to, Contractor, for use at their Premises. Contractor shall provide repair and maintenance services at rates not to exceed the Applicable Maximum Rates to any Customer requesting such services for a Compactor whether or not said Compactor is owned by Contractor. Bins and Roll Off Boxes shall be color-coded as described in this Section 1 of Attachment B.
1.4.2.2. Contractor Distribution of New Bins, Carts, Compactors and Roll Off Boxes.
Contractor shall collect all of the existing old Carts and Bins (or make arrangements with the former contractor to Collect the Carts and Bins) concurrent with Contractor’s distribution of new Bins such that no Customer is ever without all required Containers.
Contractor shall make arrangements for old Bins it collects to be either recycled or reused.
Contractor shall coordinate with the former contractor for removal of all Compactors and Roll Off Boxes owned by the former contractor concurrent with Contractor’s distribution of new Compactors and Roll Off Boxes such that no Customer is ever without all required
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Containers. Contractor shall provide City a schedule and plan for Cart, Bin, Compactor and Roll Off Box distribution and collection of the old Carts in Attachment C and shall follow said schedule. All of the existing (old) Containers shall be replaced with the new Containers as described in Attachment E-2, on or before July 1, 2025.
1.5. Container Color Coding and Labeling.
1.5.1. Color Coding.
Contractor shall replace all Carts, Containers, Bins and all non-Customer-owned Compactors in City (Single Family Dwelling Residential, Multi-Family Dwelling and Commercial and all other Customers for all types of Divertible Materials and MSW) before July 1, 2025. All Containers shall be of a uniform color including the body and the lid. The color-coding scheme for all Residential Carts shall be grey for MSW Carts, green for Yard Trimmings/Food Scraps/Stable Bedding and Manure Carts, and blue for Recyclable Materials Carts.
The color-coding scheme for all Multi-Family Dwelling Carts shall be grey for MSW Carts, green for Yard Trimmings/Food Scraps/Stable Bedding and Manure Carts, and blue for Recyclable Materials Carts
The color-coding scheme for all Commercial Carts shall be grey for MSW Carts, green for Yard Trimmings/Food Scraps Carts, and blue for Recyclable Materials Carts The color-coding scheme for Multi-Family Dwelling Bins shall be grey for MSW Bins, green for co-collected Yard Trimmings/Food Scraps Bins, green for source-separated Yard Trimmings Bins, brown for Source-separated Food Scraps Bins, blue for Recyclable Materials Bins, and green for Stable Bedding and Manure Bins.
The color-coding scheme for Commercial Bins shall be grey for MSW Bins, green for cocollected Yard Trimmings/Food Scraps Bins, green for source-separated Yard Trimmings Bins, brown for Source-separated Food Scraps Bins, blue for Recyclable Materials Bins, and green for Stable Bedding and Manure Bins.
The color-coding scheme for all Roll Off Boxes shall be grey for MSW Boxes, green for Yard Trimmings/Food Scraps Boxes, green for source-separated Yard Trimmings Boxes, brown for Source-separated Food Scraps Boxes and blue for Recyclable Materials Boxes and tan for Compactors. Mixed Recyclable Materials Boxes shall be blue in color. Stable Bedding and Manure Boxes shall be green in color.
Roll Off Boxes designated for Recyclable Materials Collection, Yard Trimmings/Food Scraps, Source-Separated Yard Trimmings or Food Scraps Collection or Stable Bedding/Manure shall be prominently labeled as such (e.g., “Recyclable Materials Only”, “Yard Trimmings/Food Scraps Only”, “Yard Trimmings Only”, “Food Scraps Only”, “Stable Bedding/Manure Only”) either with permanent lettering or with removable magnetic signage on each side. Contractor-owned Compactors for Food Scraps shall be prominently labeled “Food Scraps Only” either with permanent lettering or with removable
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magnetic signage on each side.
The color-coding scheme for temporary Commercial Bins shall be the same as the color scheme for permanent Commercial Bins.
1.5.2. Container Labeling and Signage.
All new Containers shall have messages and graphics on the exterior (e.g., top of Cart lid, front of Bin) designed to remind Customers of what materials can and cannot be placed into each type of Container in both English and Spanish. City shall have final approval of the text/graphics. Contractor shall work with City and all City-approved Processing Facilities (listed in Article 6 of the Agreement) to tailor the types of materials allowed in each Container to the capabilities and technology and/or methods of processing used at each facility in order to minimize Residue, maximize Diversion and maximize the quality and value of the Recovered Materials produced. Contractor shall submit the order(s) for new Containers to City for review at least thirty (30) days prior to ordering the Containers required herein. The order shall include the color for each type of Cart, Bin and Box, the number of each size Cart, Bin and Roll Off box being ordered, the manufacturer and model of each, and design of messages/graphics for each. All Carts provided by the Contractor pursuant to this Agreement shall meet the detailed specifications contained in Attachment E-1. All Carts, Bins, Compactors and Roll Off Boxes will be identifiable with a unique serial number, bar code, or RFID located on the Container that is assigned to the collection location and address that it services. A complete and current list of the serialized containers will be available to City personnel for use on an “as needed” basis. Unique serial numbers for Containers and Carts and proper tracking of location and address that it services is important to demonstrate Contractor’s and City’s efforts to comply with SB 1383 in relation to Contamination.
Contractor shall continue to utilize the herein-described color-coding scheme for all Containers used in City throughout the Term unless otherwise directed by City.
1.5.3. Distribution of Recycling Guide to New Customers.
At any time a Cart is distributed to a new or returning Single-Family Residential Customer or to a new Multi-Family Residential Premises, Contractor shall also deliver to such Residential Premises(s) a copy of Recycling Guide described in Section 5 of this Attachment B.
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SECTION 2: SINGLE FAMILY AND MULTI-FAMILY DWELLING
RESIDENTIAL COLLECTION SERVICES.
2.1. Single Family Dwelling Residential Basic Level of Service.
The basic level of service for a Single Family Dwelling Residential Premises that is individually-serviced with Collection from wheeled, lidded Contractor-supplied Carts, includes once weekly curbside or alley Collection of: (A) MSW provided by automated Collection; (B) Recyclable Materials provided by automated Collection; (C) Food Scraps/Yard Trimmings/Stable Bedding and Manure provided by automated Collection, and other required programs identified in the Agreement and in this Attachment B. City will allow exceptions to automated Collection upon receipt of a written request from Contractor if required due to space constraints, safety issues or other unusual circumstances. City’s decision as to whether or not to allow manual Collection shall be final.
2.1.1. New Residences Constructed and Occupied During the Term.
During the Term, additional Single Family Dwelling Residential homes will be constructed and occupied within City. Contractor shall fully implement the Recyclable Materials Collection program, the Food Scrap/Yard Trimmings/Stable Bedding and Manure Collection program, and MSW Collection at each new Single Family Dwelling Residence within thirty (30) days of issuance of the Certificate of Occupancy by the City. The liquidated damages in Article 15.09 of the Agreement shall not apply until a service order request has been submitted to Contractor by Contractor’s Recycling Coordinator, the City, or a Customer.
2.2. Single Family Dwelling Residential MSW Collection.
The basic level of service for a Single Family Dwelling Residential Premises that is individually-serviced is once weekly curbside or alley Collection of one (1) MSW Cart provided by automated Collection. If requested by Customer, Contractor shall provide different size(s) of MSW Carts as described in Section 1.4.1.7 of this Attachment B. When a different sized MSW Cart is requested by and provided to Customer, Contractor shall adjust Customer’s billing in accordance with the new size of the MSW Cart in accordance with the Applicable Maximum Rates.
If a Customer requests a second or additional MSW Cart, Contractor shall promptly deliver such Cart and shall be permitted to charge the Customer an additional charge in accordance with the Applicable Maximum Rates for the Extra Cart(s).
2.3. Single Family Dwelling Recyclable Materials Diversion Program.
The basic level of service for a Single Family Dwelling Residential Premises that is individually-serviced is once weekly curbside or alley Collection of one (1) or two (2)
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Recyclable Materials Cart(s) provided by automated Collection on the same day as MSW Collection. Contractor shall Collect all Recyclable Materials in a separate Collection vehicle that collects only Recyclable Materials. Contractor shall process Recyclable Materials at the Clean MRF approved by City listed in Article 6 of the Agreement and arrange for sale of the Recyclable Materials.
If requested by Customer, Contractor shall provide different sizes of Recyclable Materials Carts as described in Section 1.4.1.7 of this Attachment B. Contractor shall provide Recyclable Materials Collection service to Residences pursuant to Section 2.1 of this Attachment B. If any Resident refuses delivery of a Recycling Cart, Contractor shall make one additional attempt to inform the Resident of the reasons for the State-mandated Recycling program and to deliver the Cart. If the Cart is refused a second time, Contractor shall retain the Cart for future use within the City. Contractor shall maintain a written record of the Customer name, address, date(s) and time(s) of Cart refusal, name of Recycling Coordinator (or other staff) who spoke with the Customer, type of contact with Customer (phone call, email or in-person), the Customer’s reason for the Cart refusal, and the number of total Recycling Carts being held in inventory due to being refused and shall submit this information as part of the monthly reports to City described in Attachment K.
If the Customer requests a third (3rd) or additional Recyclable Materials Cart, Contractor shall promptly deliver such Cart(s) and shall be permitted to charge the Customer an additional charge in accordance with the Applicable Maximum Rates for the Extra Cart(s).
Contractor shall continually monitor participation in the Residential Recyclable Materials Diversion program. Contractor’s Recycling Coordinators shall utilize the list of nonparticipating households submitted in the monthly reports (required by Attachment K) and shall contact non-participating Residents to discuss the Diversion program and determine the reason(s) for non-participation. The Coordinators shall provide additional information, training, public education materials and explanations of the state law and the reasons for the program. The Coordinators shall note the Resident’s name, address, date(s) and time(s) of contact with Resident, name of Coordinator contacting the non-participating Resident, type of contact with Resident (phone call, email, in-person, etc.), Resident’s reason for non-participation and details of such contacts in the monthly reports. In cases of recalcitrant Residents, such contacts shall be made on site and in person, in addition to by telephone.
2.4. Single Family Dwelling Food Scrap/Yard Trimmings/Stable Bedding and Manure Collection Program Utilizing Carts
The basic level of service for a Single Family Residential Premises is once weekly curbside or alley Collection of one (1) Food Scraps/Yard Trimmings Cart provided by automated Collection on the same day as MSW Collection. Contractor shall Collect all Food Scraps/Yard Trimmings in a separate Collection vehicle that collects only Food Scraps/Yard Trimmings. Contractor shall process the Collected commingled Food Scraps/Yard Trimmings at the Compost Facility approved by City listed in Article 6 of the Agreement and arrange for sale of the Compost that is produced.
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Customers located in Single Family Dwellings that are part of an HOA or Gated Development where the HOA is responsible for landscaping, rather than the Customer, will still be delivered a green Cart for Food Scraps.
Customers located in equestrian communities that generate Stable Bedding and Manure from on premises stables shall be provided with a Green Cart that can accept co-collected Food Scrap/Yard Trimmings/Stable Bedding and Manure in accordance with the Applicable Maximum Rates. Contractor shall process the co-collected Food Scraps/Yard Trimmings/Stable Bedding and Manure at the Processing Facility approved by City listed in Article 6 of the Agreement and arrange for sale of the byproducts that are produced.
Contractor shall distribute public education materials to all Single Family Dwelling Residences as more fully described herein and in Section 5 of this Attachment B.
If requested by Customer, Contractor shall provide different size(s) of Food Scrap/Yard Trimmings/Stable Bedding and Manure Carts as described in Section 1.4.1.7 of this Attachment B. If any Resident refuses delivery of a Food Scrap/Yard Trimmings/Stable Bedding and Manure Cart, Contractor shall make one additional attempt to inform the Resident of the reasons for the State-mandated Food Scrap/Yard Trimmings/Stable Bedding and Manure Collection program and to deliver the Cart. If the Cart is refused a second time, Contractor shall retain the Cart for future use within the City. Contractor shall maintain a record of the Customer name, address, date(s) and time(s) of Cart refusal, name of Recycling Coordinator (or other staff) who spoke with the Customer, type of contact with Customer (phone call, email or in-person), the Customer’s reason for the Cart refusal, and the total number of Food Scrap/Yard Trimmings/Stable Bedding and Manure Carts being held in inventory due to being refused and shall submit this information as part of the monthly reports to City described in Attachment K.
If the Customer requests a second or additional Food Scrap/Yard Trimmings/Stable Bedding and Manure Cart, Contractor shall promptly deliver such Cart and Contractor shall be permitted to charge the Customer an additional charge in accordance with the Applicable Maximum Rates for the Extra Cart(s).
Contractor shall continually monitor participation in the Residential Food Scrap/Yard Trimmings/Stable Bedding and Manure Diversion program. Contractor’s Recycling Coordinators shall utilize the list of non-participating households submitted in the monthly reports (required by Attachment K) and shall contact non-participating Residents to discuss the Diversion program and determine the reason(s) for non-participation. The Coordinators shall provide additional information, training, public education materials and explanations of the state law and the reasons for the program. The Coordinators shall note the Resident’s name, address, date(s) and time(s) of contact with Resident, name of Coordinator contacting the non-participating Resident, type of contact with Resident (phone call, email, in-person, etc.), Resident’s reason for non-participation and details of such contacts in the monthly reports. In cases of recalcitrant Residents, such contacts shall be made on site and in person in addition to by telephone.
Contractor shall continue to prepare and distribute a set of public education materials as
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described herein and in Section 5 of this Attachment B, annually during the Term.
2.4.1. Single Family Dwelling Stable Bedding and Manure Collection Program Utilizing 3-Cubic-Yard Bins.
Contractor shall provide 3-cubic Yard service for the Collection of Stable Bedding and Manure for large Residential generators of Stable Bedding and Manure with on-premises stables in accordance with the Applicable Maximum Rates. Contractor shall process the Stable Bedding and Manure at the Facility approved by City listed in Article 6 of the Agreement and arrange for sale of the byproducts that are produced.
2.4.2 Replacement of Kitchen Food Scrap Pails at Single Family Dwellings and Distribution of Kitchen Pails to New Customers Commencing Service As part of the City’s prior collection contract, kitchen pails for storage of Food Scraps were distributed to all households in Laguna Hills in 2022 with the implementation of the City’s Co-collected Food Scraps/Yard Trimmings program. Upon request from a Customer, Contractor shall provide a replacement kitchen pail as shown in Attachment GG in accordance with the Applicable Maximum Rates in Attachment D. Public education materials describing the Residential Food Scrap/Yard Trimmings program, and showing how to use the kitchen pail, shall be provided to each Customer that requests a replacement kitchen pail. Replacement kitchen pails shall be delivered by the Contractor to Customer. The public education materials to be provided with each kitchen pail are described in Section 5 of this Attachment B.
Any Single Family Dwelling Customer who did not receive a kitchen Food Scrap pail in the initial 2022 distribution (including but not limited to occupants of townhomes, condominiums, gated communities and similar developments that have individual Cart service) shall receive a kitchen Food Scrap pail as part of the distribution of kitchen Food Scrap pails to all Multi-Family units during the period from January 1, 2026 through June 30, 2026 as described in Section 2.10.3 of this Attachment B. Said Customers shall be provided with the pails at no charge.
Contractor shall deliver kitchen Food Scrap pails and the kitchen Food Scrap brochure to all new Single Family Customers within seven (7) business days of delivery of Carts or the start of Collection service, whichever is earlier. Said delivery shall be made in person to the Customer’s front door and Contractor’s Recycling Coordinator shall explain the Food Scrap/Yard Trimmings Collection Program. use of the kitchen pail and shall answer the Customer’s questions about the program.
2.5. Backyard/Sideyard Wheel-Out Service
Upon Customer request, Contractor shall provide Backyard/Sideyard service for Collection of MSW, Recyclable Materials and Food Scraps/Yard Trimmings at the Applicable Maximum Rates for such service. Contractor shall provide Backyard/Sideyard Collection service of MSW, Recyclable Materials and Food Scraps/Yard Trimmings at no additional charge for Disabled Persons. Contractor shall be responsible for obtaining and
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verifying Disabled Person status for Customers requesting complimentary Backyard/Sideyard Collection service.
2.6. Monitoring of Contamination in All Residential Collection Programs.
Monitoring, reducing and eliminating Contamination in the MSW, Recyclable Materials and Food Scrap/Yard Trimmings/Stable Bedding and Manure Collected by Contractor is of paramount importance for the City’s compliance with SB 1383. Contractor shall perform all of the following to monitor, reduce and eliminate Contamination in the Single Family Dwelling Residential Diversion programs which include all Customers with individual Cart Collection service.
2.6.1. Characterizations and On-Site Field Audit Requirements.
Contractor shall conduct all Characterizations and On-Site Field Audits described in Attachment N and shall also conduct all follow-up Contamination tracing and public education and outreach described therein.
2.6.2. Observation and Issuance of Contamination Notices to Customers.
Whenever Contractor’s driver arrives at a Residence where the driver observes Contamination in any Cart(s) (MSW, Recyclable Materials and/or Food Scrap/Yard Trimmings/Stable Bedding and Manure Cart(s)), the driver shall take the following actions:
(1) Utilizing the tablet-based, on-board operational CRM system described in Article 8 of the Agreement, photograph the Contamination in the Cart and link the Contamination event with the Customer associated with the Contaminated materials in a manner that notes the address, Customer number, time, and date with the Contamination event. Upload the photograph to both Contractor’s dispatch/Customer Service and to a shared, cloud-based file that is also accessible by the City;
(2) Empty the Contaminated Cart into the Collection vehicle, including Collecting all materials in and around the Cart.
(3) Place a hang-tag on the Contaminated Cart. The hang-tag shall contain the following information:
a. Customer must place only acceptable Recyclable Materials in the Recycling Cart and only acceptable Food Scraps and Yard Trimmings and Stable Bedding/Manure in the Food Scraps and Yard Trimmings and Stable Bedding/Manure Cart. No Recyclable Materials, Food Scraps or Yard Trimmings or Stable Bedding/Manure shall be placed in the MSW Carts. b. Informing the Customer that they may request additional MSW, Recyclable Materials and Food Scraps/Yard Trimmings/Stable Bedding and Manure Carts from Contractor at an additional charge. The additional charge applies to the second (2nd) or additional MSW Cart, the third (3rd) or additional
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Recycling Cart and/or the second (2nd) or additional Food Scraps/Yard Trimmings/Stable Bedding and Manure Cart.
c. Informing the Customer that State law and the City’s ordinance requires all Residents to participate in the City’s Recyclable Materials and Food Scrap/Yard Trimmings/Stable Bedding and Manure Diversion programs. d. Notifying the Customer that the City may fine the Customer if additional Contamination occurs.
e. Notifying the Customer that a photograph documenting the Contamination incident was taken on this date (driver to fill in date) and is available either by calling Contractor (include phone number to call) or by scanning the QR code on the hang tag (if Contractor’s CRM and computer system is capable of providing this).
Upon Contractor receipt of notification from the driver that a Customer has placed a Contaminated Cart out for Collection, the Contractor’s personnel shall record the instance in a digital database including the following information:
1. Date of Contamination event
2. Time of Contamination event
3. Customer address where Contamination was encountered
4. Customer identification number (if available for the Customer) for Customer associated with Contamination
5. Photo-documentation of Contamination
6. Route number for the route where the Contamination was encountered
7. Material stream that was Contaminated and by which type of Material (i.e., MSW in the Recyclable Material Cart, Recyclable Materials in the MSW Cart, Food Scraps/Yard Trimmings/Stable Bedding and Manure in the Recyclable Materials Cart)
In the monthly reports described in Attachment K, Contractor shall provide the City with a digital listing, in Excel format (or similar database program approved by City), of Customers that were found by the driver to have Contamination in their Carts. The report shall include: 1) the total number of Contamination events associated with each Customer during the reporting period; and 2) the Cart which contained the Contamination (i.e., Recycling Cart, MSW Cart, or Food Scraps/Yard Trimmings/Stable Bedding and Manure Cart). Contractor shall also provide to City photo-documentation of each instance of Contamination on a monthly basis using a cloud-based file sharing service.
2.7. Procedures For Handling Residential Non-Containerized MSW, Recyclable Materials, Food Scraps/Yard Trimmings/Stable Bedding and Manure and Other Materials.
The City requires all MSW, Recyclable Materials and Food Scraps/Yard Trimmings/Stable Bedding and Manure to be stored and placed for Collection in the Contractor-provided wheeled Carts with lids fully closed. Carts are more fully described in Section 1 of this Attachment B.
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The only exception to this Containerization requirement is for Bulky Items that are placed out for Collection and for which the Customer has scheduled a Collection appointment with Contractor as described in Section 4 of this Attachment B.
2.7.1. Each Instance of Contractor Encountering Non-Containerized Waste.
When Contractor’s driver arrives at a Residence where Non-containerized materials are present in the street, curb area or alley, the driver shall take the following steps:
(1) Utilizing the tablet-based, on-board operational CRM system described in Article 8 of the Agreement, photograph the Non-containerized material(s) and link the Noncontainerized materials with the Customer associated with the Non-containerized materials in a manner that notes the address, customer number, time, and date with the Non-containerization. Upload the photograph to both Contractor’s dispatch/Customer Service and to a file to be sent to the City; (2) Empty the Cart into the Collection vehicle, including collecting all Noncontainerized materials in and around the Cart (3) Place a hang-tag on the Cart nearest the Non-containerized materials. The hangtag shall contain the following information:
a. Customer must place all materials in the Cart with the lid fully closed. f. Informing the Customer that they may request additional MSW, Recyclable Materials and Food Scraps/Yard Trimmings/Stable Bedding and Manure Carts from Contractor at an additional charge. The additional charge applies to the second (2nd) or additional MSW Cart, the third (3rd) or additional Recycling Cart and/or the second (2nd) or additional Food Scraps/Yard Trimmings/Stable Bedding and Manure Cart.
b. Notifying the Customer that the City may take code enforcement action if additional Non-containerization occurs.
c. Notifying the Customer that a photograph documenting the Noncontainerization incident was taken on this date (driver to fill in date) and is available either by calling Contractor (include phone number to call) or by scanning the QR code on the hang tag (if Contractor’s CRM and computer system is capable of providing this)
Upon Contractor receipt of notification from the driver that a Customer has placed NonContainerized materials for collection, the Contractor’s personnel shall record the instance on a digital database including the following information:
1. Date of Non-containerization
2. Time of Non-containerization
3. Customer address where Non-containerization was encountered
4. Customer identification number (if available for the Customer) for Customer associated with Non-containerization
5. Photo-documentation of Non-containerization
6. Route number for the route where the Non-containerization was encountered
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7. Type of material that was Non-containerized (I.e., MSW, Recyclable Materials, Food Scraps/Yard Trimmings/Stable Bedding and Manure)
If the Contractor identifies any Customers that have second or subsequent Noncontainerization instances associated with their address, the Contractor may refer these accounts to the City for enforcement action. Contractor shall not charge Customer any additional fee or cost for Collection of Non-containerized materials.
On a monthly basis, Contractor shall provide the City with a digital listing, in Excel format (or similar database program approved by City), of Customers that have Noncontainerized materials that shall include the information described above along with the total number of Non-containerization instances associated with each customer in the previous 6 months. Contractor shall also provide to City photo-documentation of each instance of Non-containerization on a monthly basis using a cloud-based file sharing service.
If a Customer is identified to have two (2) instances of Non-containerization within a 30- day period, Contractor’s Recycling Coordinators shall contact the Customer and work with the Customer to develop options to address the Non-containerization issue including, but not limited to, flattening boxes, increasing Diversion of Divertible Materials, source reduction, backyard composting, and other options. If a Single Family Dwelling Customer has only one (1) Recyclable Materials Cart and has two (2) instances of Noncontainerization within a 30-day period, Contractor’s Recycling Coordinators shall assess and recommend, as appropriate, the delivery of a second Recyclable Materials Cart as an option to address the Non-containerization issue. (The second Recyclable Materials Cart is collected at no extra charge to Customer.)
In no event shall Contractor force, coerce, pressure, threaten, or require a Customer to increase the frequency of their service or subscribe to a larger size Container due to Noncontainerization.
2.8. Multi-Family Complex Residential Basic Level of Service.
The basic level of service for Multi-Family complexes that Contractor shall provide includes once weekly Collection of: (A) MSW provided by a vehicle designed for MSW Collection; (B) Collection of Single Stream Recyclable Materials; (C) Collection of Food Scraps; and Collection of Yard Trimmings and Wood, as applicable to the specific MultiFamily complex.
Collection shall be accomplished in a manner such that the flow of traffic shall not be impeded nor a threat to the public health or safety created. Contractor shall provide each of the service options for Collection of MSW, Recyclable Materials, Yard Trimmings, and Food Scraps as described in Sections 2.8, 2.9 and 2.10 of this Attachment B.
Contractor shall provide the following Collection services for Multi-Family complexes:
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2.8.1. New Multi-Family Complexes Constructed and Occupied During the Term.
During the Term, additional Multi-Family complexes will be constructed and occupied within City. Contractor shall fully implement (i) a Single Stream and/or Single-Material Recycling Program; (ii) a Food Scrap/Yard Trimmings and/or Source-Separated Food Scrap Diversion Program; and (ii) a Source-Separated Yard Trimmings/Wood Diversion Program (if applicable) at each new complex within thirty days of issuance of the Certificate of Occupancy by the City. The liquidated damages in Section 15.09 shall not apply until a service order request has been submitted to Contractor by Contractor’s Recycling Coordinator, the City, or a Customer. If the property has on-premises stable operations, the Contractor shall also provide Stable Bedding and Manure collection service.
2.8.2. Multi-family Family Dwelling Stable Bedding and Manure Collection Program Utilizing Carts, Roll-off Boxes, and 3-Cubic-Yard Bins.
Contractor shall provide either Carts. Roll-off Boxes, or 3-cubic Yard service for the Collection of Stable Bedding and Manure for Multi-family generators of Stable Bedding and Manure with on-premises stables in accordance with the Applicable Maximum Rates.
Contractor shall process the Stable Bedding and Manure at the Facility approved by City listed in Article 6 of the Agreement and arrange for sale of the byproducts that are produced.
2.9. Multi-Family Complex Residential MSW Collection.
Contractor shall provide MSW Collection services as follows: (A) regularly scheduled weekly MSW Collection service; (B) as-needed on-call Collection for Roll Off Boxes and Compactors, and (C) additional pick-ups. On-call and additional pick-up requests may be made by Customer, Authorized Customer Representative or, in the case of Compactors so equipped, by automatic dial-up, other automated methods or electronic device that signals Contractor. Contractor shall provide service within twenty-four (24) hours of receiving a request, (provided that the request is made prior to two o’clock p.m. (2:00 p.m.) of the collection day) and shall charge the rates not exceeding the Applicable Maximum Rates on-call pickups and additional pickups.
Contractor shall provide Containers as described in Section 1.4.2 to Multi-Family complexes for storage and Collection of MSW in accordance with the Maximum Applicable Rates.
Customers may, at any time, adjust the frequency of Collections, the size(s) of Containers, the type(s) of Containers and/or the number of Containers for the storage and Collection of MSW.
2.10. Multi-Family Complex Residential Diversion Services.
Contractor shall provide the following Diversion services at Multi-Family complexes.
Contractor shall complete all steps listed in Section 3.7 of this Attachment B to implement the Diversion Programs described herein at all Multi-Family complexes in City. For
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Diversion Programs that are already in place, Contractor shall perform an on-site evaluation of the existing program at each Multi-Family complex on or before October 1, 2025 and review each implementation step in Section 3.7 with the Authorized Customer Representative. On or before December 1, 2025, Contractor shall complete any and all of the steps listed in Section 3.7 necessary to ensure that all Diversion Programs required in the Agreement are “fully implemented.” A Diversion Program at a Multi-Family complex will be considered “fully implemented” if Contractor has completed all the tasks described in Section 3.7 of this Attachment B and if the fully implemented program is observed to be in full and successful operation during periodic audits and reviews conducted by City.
City will perform audits to determine Contractor’s compliance with the requirements of this Section, as described in Article 10 of the Agreement. City may also conduct periodic reviews at any time during the Term. The City’s audit and review of all Multi-Family Diversion Programs may include review and monitoring of Contamination percentages achieved for each type of material (MSW, Recyclable Materials and Food Scraps/Yard Trimmings, and Stable Bedding/Manure (if applicable)) at each Multi-Family complex.
Contamination percentages shall be measured and calculated pursuant to the protocol in Article 11 and Attachment N of the Agreement.
2.10.1. Multi-Family Complex Residential Recyclable Materials Diversion Program.
Contractor shall provide Recyclable Materials Collection at Multi-Family complexes. Each Multi-Family Customer shall be offered Collection of Single Stream Recyclable Materials and Single-Material Recyclables. Contractor shall provide separate Bin(s) or wheeled Carts (as identified in Section 1.4.2 of this Attachment B and in Attachment E) for storage and Collection of Single Stream Recyclable Materials. Contractor shall collect Single Stream Recyclable Materials and Single-Material Recyclables in a vehicle collecting solely Recyclable Materials to prevent Contamination of said materials. Collection shall be provided at least weekly, with more frequent Collection of up to seven days per week as required to prevent overflow of materials from Containers. Collected Recyclable Materials shall be processed at the City-approved Clean MRF listed in Article 6 of the Agreement.
2.10.2. Multi-Family Complex Food Scrap, Yard Trimmings, Wood Diversion Program, and Stable Bedding and Manure Program(s).
Contractor shall provide Source-Separated Food Scrap Collection or Food Scrap and Yard Trimmings Co-collection, whichever is most suited to the complex and agreed to by the Authorized Customer Representative. Contractor shall provide Source-Separated Yard Trimmings/Wood Collection and/or Stable Bedding and Manure Collection service, as needed, if the Multi-Family complex does not have a landscaping service that hauls away Yard Trimmings and/or Wood or if there are on-premises stable operations. If a Multi-Family complex has Yard Trimmings and Wood hauled away by a landscape or gardening service, Contractor shall notify City, so City may obtain a completed and signed Landscaper Self-Certification Diversion Form (see Attachment JJ) from the complex owner/manager. At the direction of City, Contractor shall also record the information in the Red/Green Tracking Spreadsheet and/or CRM System.
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Contractor shall collect (i) all Co-collected Food Scraps/Yard Trimmings and (ii) all Source Separated Yard Trimmings and Wood and (iii) all Stable Bedding and Manure from MultiFamily complexes at least once per week, and up to six days per week, as required to Collect all such materials generated by each complex. Contractor shall Collect all Yard Trimmings and Wood and Stable Bedding and Manure in a separate Collection vehicle that collects only Compostable materials and shall process the Collected materials at the City-approved Composting Facility designated in Article 6 of the Agreement. Contractor shall Collect all Source-Separated Food Scraps from Multi-Family complexes at least once per week, and up to six days per week, as required to Collect all such materials and prevent odor and overflowing Carts and/or Bins, as agreed to by the Authorized Customer Representative for the complex. Source separated Food Scraps shall be delivered to the Composting Facility designated in Article 6 of the Agreement.
2.10.3. Distribution of Food Scrap Kitchen Pails to Multi-Family Customers.
During the second six months of the Agreement, from January 1, 2026 through June 30, 2026, Contractor shall deliver kitchen Food Scrap pails and the kitchen Food Scrap pail brochure at no charge to each Multi-Family unit in Laguna Hills. The Recycling Coordinators shall accomplish the distribution by going door-to-door to each unit and discussing the Food Scrap Diversion Program and the use of the kitchen Food Scrap pail with the resident. The Coordinator shall answer questions about the program and encourage the resident to watch the video which is linked by the QR code in the kitchen Food Scrap pail brochure. During distribution of the kitchen Food Scrap pails the Recycling Coordinators shall wear a uniform or other appropriate clothing (such as a shirt or vest) that identifies them as an employee of Contractor. The Coordinators shall also wear a badge or lanyard displaying their photo, name and Contractor’s company name, address and telephone number. By September 1, 2025, Contractor shall provide a plan to the City for door-to-door distribution of kitchen Food Scrap pails to all Multi-Family units.
City shall review the plan and provide any comments by October 1, 2025. Contractor shall finalize the kitchen Food Scrap pail distribution plan, and obtain City’s approval of the plan, no later than November 15, 2025.
A letter shall be sent no later than December 7, 2025 to all Multi-Family properties’ Authorized Customer Representatives within the City via first class mail notifying the Authorized Customer Representatives of the plan to distribute the Food Scrap kitchen pails to all Multi-Family unit occupants within the City. The letter shall provide each Authorized Customer Representative with a general timeframe in which the kitchen pails will be distributed at the Authorized Customer Representative’s Multi-Family property based on the approved distribution plan. A draft of the letter shall be submitted to the City for review no later than October 1, 2025. City shall review the letter and provide any comments by October 31, 2025. At Contractor’s sole expense, Contractor shall finalize and mail the letter no later than December 7, 2025. The notification letter must be approved by the City before mailing.
Contractor shall include in the above distribution plan, all Single Family Dwellings receiving individual Cart service that did not receive kitchen Food Scrap pails during the 2022 distribution of kitchen pails. Said Dwellings shall be included in the kitchen pail
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distribution plan and receive kitchen pails during the timeframe described herein at no charge to the Customer. Distribution of the Single-Family Dwelling kitchen pails may be accomplished as described in Section 2.4.2 of this Attachment B or as described in this Section 2.10.3.
Said distribution shall be accomplished by the Recycling Coordinators going door-to-door to provide each Multi-Family unit occupant with a kitchen Food Scrap pail as shown in Attachment GG. The Food Scrap kitchen pail brochure describing the Food Scrap/Yard Trimmings program and showing how to use the Food Scrap kitchen pail shall be provided to each Multi-Family unit occupant (See Section 5.4.6 of this Attachment B for the requirements for the Multi-Family kitchen pail brochure.) Contractor’s Recycling Coordinators shall discuss the use of the kitchen Food Scrap pail and the Food Scrap/Yard Trimmings program with each Multi-Family unit occupant, and answer questions about the kitchen pail and Food Scrap/Yard Trimmings program. Contractor shall maintain a record of the Multi-Family unit occupant’s name (if available), address, date of pail delivery and total number of delivered Food Scrap kitchen pails, and provide this list to City in the monthly reports to City described in Attachment K.
If any Multi-Family unit occupant refuses delivery of a Food Scrap kitchen pail (and the reason is not that the occupant already has a kitchen pail and is participating in the program) Contractor’s Recycling Coordinators shall make one additional attempt to inform the Multi-Family unit occupant of the reasons for the state-wide mandated Food Scrap/Yard Trimmings Collection program and the benefits of using the kitchen Food Scrap pail, and to deliver the kitchen Food Scrap pail. If the kitchen pail is refused a second time, Contractor shall retain the kitchen pail for future use within the City.
Contractor shall maintain a record of the Multi-Family unit occupant’s name (if available), address, dates of pail refusal and the total number of refused Food Scrap kitchen pails being held in inventory, and provide this list to City in the monthly reports to City described in Attachment K.
If the Multi-Family unit occupant is not home when Contractor’s Recycling Coordinator is distributing the Food Scrap kitchen pails door-to-door, the Recycling Coordinator shall make a second attempt to reach the Multi-Family unit occupant by returning a second time to the Multi-Family unit at a different time of day than the first attempt. If the MultiFamily unit occupant is not home at the time of the second attempt, the kitchen Food Scrap pail with the kitchen pail brochure shall be left on the front doorstep of the MultiFamily unit. The kitchen pail shall not be left in another location within the Multi-Family complex, and shall not be left in enclosures, on top of bins or on Cart(s). Contractor shall maintain a record of second attempts at reaching the Multi-Family unit occupant(s) including the Multi-Family unit occupant’s name (if available), address, date pail was left on the front porch/doorstep and the total number of kitchen Food Scrap pails left at MultiFamily units as a second attempt to reach the Multi-Family unit occupant, and provide this list to City in the monthly reports to City described in Attachment K.
2.11. Monitoring of Multi-Family Complex Residential Programs.
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Contractor shall continuously monitor all Multi-Family programs as described in Attachment N “Commercial/Multi-Family In-Field Container Contamination Audits”. The Contamination documentation and Customer notification procedures outlined in Section
2.6 of this Attachment B shall be used by the Contractor when Contamination is encountered at Multi-Family premises. The procedures described in this Attachment B shall be used when overflowing and/or Non-containerized materials are encountered at Multi-Family Premises.
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SECTION 3: COMMERCIAL AND BUSINESS ESTABLISHMENT
PREMISES SERVICES.
3.1. Basic Level of Service.
The basic level of service for Commercial and Business Premises that Contractor shall provide includes once weekly Collection of: (A) MSW provided by a vehicle designed for Commercial Collection; (B) Collection of Single Stream Recyclable Materials and SingleMaterial Recyclables; (C) Collection of Source-Separated Food Scraps; (D) Co-collection of Food Scraps/Yard Trimmings (where applicable); (E) Collection of Yard Trimmings and Wood; and other required programs identified in this Section 3. (Note: See Attachment A for the definition of “Commercial” which includes Multi-Family complexes that have centralized Bin and/or Cart Collection service.)
Collection shall be accomplished in a manner such that the flow of traffic shall not be impeded nor a threat to the public health or safety created.
3.2. MSW Collection.
Contractor shall provide MSW Collection services as follows: (A) regularly scheduled weekly MSW Collection service; (B) as-needed on-call Collection for Roll Off Boxes and Compactors; and (C) additional pick-ups. On-call and additional pick-up requests may be made by Customer, Authorized Customer Representative or, in the case of Compactors so equipped, by automatic dial-up, other automated methods or electronic device that signals Contractor. Contractor shall provide service within twenty-four (24) hours of receiving a request, (provided that the request is made prior to two o’clock p.m. (2:00 p.m.) of the collection day) and shall charge no more than the Applicable Maximum Rates for on-call pickups and additional pickups.
Contractor shall provide Containers as described in Section 1.6.2 of this Attachment B to Commercial and Business Establishments for storage and Collection of MSW in accordance with the Applicable Maximum Rates.
Customers may, at any time, adjust the frequency of Collections, the size(s) of Containers, the type(s) of Containers and/or the number of Containers for the storage and Collection of MSW.
3.3. Diversion Programs.
Contractor shall provide the following Diversion Programs at all Commercial Business Establishments. In implementing all Diversion Programs described herein at Commercial and Business Establishments, Contractor shall complete all the tasks listed in Section 3.7 of this Attachment B. Contractor may charge Customers rates not exceeding the Applicable Maximum Rates for this service.
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A Diversion Program at a Commercial Business Establishment is considered “fully implemented” if Contractor has completed all the tasks described in Section 3.7 of this Attachment B and if the program is observed to be in full and successful operation during the reviews and/or audits by City. The City will conduct rotating audits throughout the Term as described in Article 10 and Attachment N of the Agreement, to determine whether these performance standards are being achieved and maintained.
3.3.1. Single Stream Recyclable Materials and Single-Material Recyclables Collection (AB 341 Program and SB 1383 3-Cart/3 Bin System).
Contractor shall provide Collection of Single Stream Recyclable Materials and, if applicable, Single-Material Recyclables. Contractor shall provide separate Bin(s) or wheeled Carts (as identified in Attachment E) for Collection of Single Stream Recyclable Materials and, if applicable, Single-Material Recyclables. Contractor shall collect Single Stream Recyclable Materials and Single-Material Recyclables in a vehicle collecting solely Single Stream Recyclable Materials, and Single-Material Recyclables, to prevent Contamination of said materials, unless these materials are collected in the Contractor’s split-body collection vehicle described in Article 8 of the Agreement. Collection shall be provided at least weekly, with more frequent Collection as required to prevent overflow of materials from Containers. Collected Recyclable Materials shall be processed at the Cityapproved Clean MRF listed in Article 6 of the Agreement.
3.3.1.1. Commercial Recycling Collection Utilizing A Lightweight Collection Vehicle. As described in Attachment F-2, Contractor shall utilize a Lightweight Collection Vehicle for Recyclable Materials Collection on all dedicated Commercial and Multi-family Recycling Container routes servicing 2-yard, 3-yard, 4-yard, and 6-yard Commercial Recycling Containers. Collection shall be provided up to six (6) days per week, with frequency of Collection determined in order to prevent overflow of materials from Containers. Collected Recyclable Materials shall be processed at the City-approved Clean MRF listed in Article 6 of the Agreement.
3.3.2. Source-Separated Commercial Food Scrap Collection.
Contractor shall provide the Collection of Source-Separated Food Scraps from restaurants, cafeterias, assisted living facilities, hospitals, supermarkets and all other Commercial and Business Establishment premises where food is prepared, sold and/or consumed. Contractor shall include Food-Soiled Paper in the Food Scrap program. If a Co-collected Food Scrap/Yard Trimmings Diversion Program is more suitable for the Customer, Contractor shall provide such a program as described in this Section 3 of Attachment B.
Contractor shall provide participating Customers, at no additional charge, one (1) “Slim Jim™” type container (as described in Attachment HH) for inside of kitchen, preparatory and bussing areas that are directly involved with Food Scrap Diversion. Contractor shall also provide wheeled Carts and/or Bins, Roll-Off Boxes or Compactors as necessary for the segregation and storage of Food Scraps to be Diverted. Contractor shall provide
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Customers with information and contact person(s) who are approved by City to establish, coordinate and provide Edible Food donation and Collection services. Contractor shall fully cooperate with all Persons working with Customers to establish, coordinate and provide Edible Food donation services, including Customer’s employees and agents and the City. As part of the steps required for Diversion Program implementation in Section
3.7 of this Attachment B, Contractor shall factor any successful Edible Food donation program projections and/or actual results into the Food Scrap Diversion plan including the estimated requirements for Container sizes and frequencies of Collection, training, interior container locations and sizes. Contractor shall provide a brochure, training and public education materials on the Food Scrap Collection program as described in Section 5 of Attachment B.
Collection shall be provided at least weekly, with more frequent Collection as required to prevent overflow of materials from Containers, odors and vectors. Contractor shall deliver all Source Separated Food Scraps to the City-designated Composting Facility listed in Article 6. Contractor may Collect such Source-Separated Food Scraps in a Collection vehicle that collects Co-collected Food Scraps/Yard Trimmings.
3.3.3. Source-Separated Yard Trimmings and Wood Collection Program.
For Commercial Customers Generating Yard Trimmings and/or Wood material at their Premises that is not removed by a landscape or gardening service, Contractor shall provide the Yard Trimmings/Wood Collection Program. Contractor shall provide appropriately sized Containers for storage of all Yard Trimmings and Wood. If a Business has Yard Trimmings and Wood hauled away by a landscape or gardening service, Contractor shall notify City and City, in its sole discretion, may obtain the completed and signed Landscaper Self-Certification Diversion Form in Attachment JJ from the Business owner/manager. If directed by City, Contractor shall record such updated information in the Red/Green Tracking Spreadsheet and/or CRM System.
Contractor shall collect all Yard Trimmings and Wood from Commercial and Business Establishments at least once per week, and more frequently as required to Collect all Yard Trimmings and Wood generated by the Customer. Contractor shall Collect all Yard Trimmings and Wood in a separate Collection vehicle that collects only Yard Trimmings and Wood or that Collects Food Scraps/Yard Trimmings. All Yard Trimmings and Wood collected within the City by the Contractor shall processed at the City-approved Composting Facility identified in Article 6 of the Agreement.
3.3.4. Co-Collected Food Scraps/Yard Trimmings Program/Stable Bedding and Manure.
For Customers where a Co-collected Food Scraps/Yard Trimmings/Stable Bedding and Manure Program is more suitable than Source-Separated Food Scrap and Yard Trimmings programs, Contractor shall provide Co-collected Food Scrap/Yard Trimmings Collection/Stable Bedding and Manure. Contractor shall provide appropriately sized Containers for storage of all Food Scraps/Yard Trimmings/Stable Bedding and Manure and any Wood. Contractor shall collect all Food Scraps/Yard Trimmings/Stable Bedding
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and Manure and Wood from Multi-Family Dwellings and Commercial and Business establishments at least once per week, and more frequently as required to Collect all such materials generated by the Customer. Contractor shall Collect all Food Scraps/Yard Trimmings/Stable Bedding and Manure and Wood in a separate Collection vehicle that collects only Co-Collected Food Scraps/Yard Trimmings/Stable Bedding and Manure and Wood or in another vehicle if said vehicle will deliver the Collected materials to the Cityapproved Compost Facility. All Co-collected Food Scraps/Yard Trimmings/Stable Bedding and Manure and Wood Collected within the City by the Contractor shall be processed at the City-approved Composting Facility identified in Article 6 of the Agreement.
3.3.4.1. Commercial Stable Bedding and Manure Collection Program Utilizing Carts, Roll-off Boxes, and 3-Cubic-Yard Bins. Contractor shall provide either Carts, Roll-off Boxes, or 3-Cubic Yard Bin service for the Collection of Stable Bedding and Manure for Commercial generators of Stable Bedding and Manure with on-premises stables in accordance with the Applicable Maximum Rates in Attachment D. Contractor shall process the Stable Bedding and Manure at the Facility approved by City listed in Article 6 of the Agreement and arrange for sale of the byproducts that are produced.
3.3.5. Customer Use of Other Methods of Food Scrap Diversion.
In the event a Customer is Diverting their Food Scraps using one or more on-site, backhaul, Edible Food donation and/or other programs (e.g., use of an on-site Compost Appliance and/or participation in an Edible Food donation program), Contractor shall notify City and City may, in City’s sole discretion, request that an Authorized Representative of the Customer complete and sign a Self-Certification form. If directed by City, Contractor shall note the on-site, Edible Food donation and/or other program(s) being used on the Red/Green Tracking Spreadsheet. Contractor shall determine whether or not such program(s) are diverting one-hundred percent (100%) of the Food Scraps generated at the Customer’s premises. If that is not the case, Contractor shall note the quantity and estimated percentage of Food Scraps that are still being Disposed and shall discuss the situation with City at the next monthly meeting. If directed by City, Contractor shall re-contact the Customer to offer supplemental Food Scrap Collection service to Divert the remaining Food Scraps being placed in the MSW Container(s). Contractor shall continue to work with the Customer by performing all steps in Section 3.7 of this Attachment B until all Food Scraps generated at the Customer’s premises are being Diverted.
3.3.6. Edible Food Recovery.
As of the Effective Date, SB 1383 (PRC Section 42652 and Health and Safety Code Sections 39730.5 et seq.) requires that at least twenty percent (20%) of Edible Food being disposed must be Diverted as Edible Food for Human Consumption. City plans to retain the services of one or more third parties and/or to collaborate with regional agencies to arrange for, and implement, Edible Food donation program(s) within the City. Contractor shall cooperate with City’s efforts, including but not limited to: disseminating public
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education and outreach materials in hard copy, online, and via Contractor’s social media outlets as described in Section 5 of this Attachment B; alerting Customers with Food Scraps of the availability of the Edible Food donation services; and providing data on potential participants for the Edible Food donation program to City and its service providers and/or collaborators.
Contractor shall provide Customers with information regarding contact person(s) who are approved by City to establish, coordinate and provide Edible Food donation and collection services. Contractor shall fully cooperate with, and shall not impede, delay or prevent the work of any Persons working with Customers to establish, coordinate and provide Edible Food donation services, including, but not limited to, Customers’ employees and agents, the City, and City-authorized third parties. Contractor shall factor any successful Edible Food donation program projections and/or actual results into the Food Scrap Diversion Plan prepared in accordance with the requirements of Section 3.7 of this Attachment B, including the estimated requirements for Container sizes and frequencies of Collection, training, interior container locations and sizes.
3.4. AB 827/SB 1383 Divertible Material Containers for Use by Public.
As part of implementing the Commercial Food Scrap Collection program at each business, decisions must be made by the Customer regarding the number and type(s) of interior Food Scrap containers to be used for interim storage of Food Scraps in kitchens during food preparation, in bussing areas for plate scrapings, and in other locations prior to taking the Food Scraps outside to wheeled Carts and/or Bins and/or Compactors. AB 827 (PRC Section 42649.1 et seq.) and SB 1383 require that all Commercial Premises selling food for on-site consumption (with the exception of full-service restaurants as defined in PRC Section 42649.1 et seq.) must provide customers with both a Recyclable Materials and a Food Scrap container adjacent to each MSW container in the dining or eating area(s) for customers to use to separate their Food Scraps and Recyclable Materials from MSW. Such containers are to be separately and clearly labeled that they are for Food Scraps only. These containers are not required in restrooms, only in the public eating areas of the business. Multi-Family properties are not required to provide such containers in common areas. Contractor shall provide information to Customers on the requirements for such containers, however, it shall be the responsibility of each business to purchase and provide suitable containers to comply with the State requirements. Contractor shall provide training for Customers and all employees on implementation of AB 827 Food Scrap programs, and shall develop a brochure, training materials and model signage as described in Section 5 of this Attachment B.
3.5. Monitoring of Diversion Programs at Multi-Family Dwellings and Commercial and Business Establishments.
Field Contamination audits shall be conducted by Contractor on an on-going basis and incorporated into the Recycling Coordinator’s daily site work so that annually all MultiFamily Dwellings and Commercial and Business Establishments in the City will receive
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at least one (1) field Contamination audit. Contractor shall utilize the methodology described in Attachment N for said audits.
Contractor shall note Contamination levels in the MSW, Recyclable Materials, Food Scraps/Yard Trimmings/Stable Bedding and Manure, Source-Separated Food Scraps, Source Separated Yard Trimmings/Wood, and Source Separated Stable Bedding and Manure Bins and Carts using the methodology described in Attachment N. When Contractor finds Contamination (as described in Section 6 of this Attachment B), Contractor shall alert the business owner/manager and shall provide, or re-provide, training and public education materials concerning the acceptable materials for each program to management and employees of the business in a minimum of one (1) inperson on-site training session. Contractor shall include information on all Contamination incidents observed in the monthly report submitted to City as described in Attachment K and shall also log the data in the Red/Green Tracking Spreadsheet and include it in the annual ‘lid-flipping’ reports submitted to City pursuant to Attachment N.
Contractor shall conduct two (2) characterization audits each calendar year of the Recyclable Materials, MSW, and Food Scraps Collected at each of the premises of Commercial and Multi-Family Customers throughout the City as described in Attachment N. Contractor, including the Contractor’s Recycling Coordinators, shall use the results of these audits to determine if there is Contamination in any stream (e.g., Recyclable Materials in the MSW or in the Food Scrap/Yard Trimmings/Stable Bedding and Manure streams; Yard Trimmings in the MSW or Recyclable Materials, etc.) which would indicate a lack of full participation in all the required Diversion Programs. Contractor shall also use the data to ascertain the percentage of Contamination in the streams that were audited.
3.6. Implementation of All Required Diversion Programs at New Commercial and Business Establishments Constructed During the Term and In Event of change in Key Personnel or Business Relocation.
As new Commercial and Business Establishment buildings are constructed during the Term, and as Commercial and Business Establishments open, close, expand, move, and change managers and/or employees, Contractor shall implement all the required Diversion Programs described in this Section 3 of Attachment B at all new, expanded, relocated, and otherwise changed Commercial and Business Establishments as described herein. Contractor shall implement said program at any new or expanded Commercial and Business Establishment within thirty (30) days of issuance of a Certificate of Occupancy by the City; and if no Certificate of Occupancy is required, then within thirty (30) days of final City inspection and approval of improvements. Contractor shall also re-implement all required Diversion Programs when there is a change in key personnel (e.g. a change in management, ownership, on-site manager and/or other key personnel) at any Multi-Family Dwelling or Commercial and Business Establishment within City and shall do so within thirty (30) days of either (A) becoming aware of the change in management, or (B) notice from the City of the change in management, whichever comes first.
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3.7. Required Tasks For Implementation of Diversion Programs.
For purposes of this Agreement, Contractor shall be found to have “fully implemented” Diversion Programs at the Premises of a Customer only if all of the following have been completed by Contractor:
(i) Contractor has contacted the Authorized Customer
Representative (for purposes of this Section the “Authorized Customer Representative” is the owner or on-site manager if that Person has decision-making authority; or if Customer is a corporation with multiple locations and centralized decisionmaking, the management Person with decision-making authority. In the case of a broker or waste arranger, the Authorized Customer Representative is the Person who has the decision-making authority) and explained the
requirements in the Act for the Customer to have in place all required Recycling and Diversion programs described in
Section 3 of Attachment B. Contractor has also explained the requirements of City’s Municipal Code, Mandatory Recycling Ordinance and CalGreen (if applicable). Contractor contact for this step (i) includes phone calls, letters, emails and at a minimum, one in person site-visit. If the Authorized Customer Representative refuses to implement a program, Contractor shall immediately notify City. The notification to the City shall include a written report of the name(s) of the Authorized Customer Representative(s); address, email and phone
number of Customer; dates/times of calls, letters, emails and required in person site visit; copies of any and all emails and letters along with associated attachments sent to the
Customer; copies of any email or letter responses received from the Customer; notes on any phone call responses
received from the Customer; copies of any and all public education provided to the Customer; and photos taken in relation to the Customer’s property (if applicable). Upon receiving the Contractor’s written notification of refusal, including all information described above in this step (i), City will send a letter to the Authorized Customer Representative explaining the mandatory requirement of program
implementation.
(ii) Contractor has estimated the quantities of MSW, Recyclable Materials, Food Scraps, Yard Trimmings/Wood, Stable
Bedding/Manure and any other Divertible materials generated by the Customer; has calculated the appropriate size of Containers required for storage; has calculated the
recommended frequency of service to optimize cost for the
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Customer; has prepared a written plan containing estimated costs and recommended levels of service; and has submitted the plan to the Customer. Contractor has discussed the plan with the Customer and obtained the Customer’s approval to implement a finalized Diversion Plan. If Customer refuses to implement Contractor’s written plan, Contractor shall
document the refusal and provide notification to the City that the Contractor is recommending that the Customer be
considered for Recalcitrant Customer status. The notification to the City shall at a minimum include a written report of: the name(s) of the Authorized Customer Representative(s);
address of Customer; email and phone number of Authorized Customer Representative(s); dates/times of calls, letters, emails and required in person site visit; copies of any and all emails and letters along with associated attachments sent to the Customer; copies of any email or letter responses
received from the Customer; notes on any phone call
responses received from the Customer including date/time of phone call response; copies of any and all public education provided to the Customer; photo documentation of
Customer’s Bin contents and relevant photos of the
business/multi-family property that would assist in
development of diversion programs; a copy of the written plan described in this step (ii); the date/time of the meeting to present the written plan described in this step (ii); the name of the Authorized Customer Representative that Contractor met with to present the written plan described in this step (ii); any notes regarding the meeting to present the written plan described in this step (ii); and any and all notes and
documentation in reference to the Authorized Customer’s Representative’s refusal to implement a finalized Diversion plan.
(iii) If the Customer is generating Food Scraps, or is a food service establishment, Contractor has provided the Customer with information on the available Edible Food donation programs in City including coordinators/vendors/non-profit agencies, as directed by City, and has factored any applicable Edible Food donation opportunities into the calculations for sizing of Food Scrap Containers and frequency of Food Scrap Collection service. Contractor is also cooperating fully and in good faith with all Edible Food donation efforts of City, all third parties and Customer at Customer’s premises.
(iv) If the Customer is already Diverting materials using an inhouse program, backhauling, on-site processing or use of another vendor, Contractor has notified City so City can obtain
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a completed and signed “Self-Certification Form” for that program. Contractor shall record the information on the Red/Green Tracking Spreadsheet and/or CRM System. If the Customer is using a landscaping company to haul away Yard Trimmings/Wood, Contractor has notified City so City can obtain a completed and signed Landscaper Self-Certification Diversion Form for Yard Trimmings/Wood at that Premises.
At the direction of City, Contractor has recorded the
information on the Red/Green Tracking Spreadsheet and/or CRM System. If such program(s) only Divert(s) some
materials and other Divertible materials are not covered by the Customer’s own program(s) or third-party program(s),
Contractor has developed a plan for Diversion of the
remaining materials in accordance with the requirements of this Attachment B.
(v) Contractor has delivered the appropriate type(s) and size(s) of Containers to the Customer’s Premises for storage of Single Material Recyclables and Single Stream Recyclable Materials. In the case of a Food Scrap Generator, Contractor has also provided the appropriate type(s) and size(s) of Containers for storage and collection of Food Scraps. If the Customer is generating Yard Trimmings/Wood and/or Stable Bedding/Manure, Contractor has provided the appropriate type(s) and size(s) of Containers for storage and collection of Yard Trimmings/Wood and/or Stable Bedding/Manure.
(vi) Contractor is Collecting the Recyclable Materials, Food Scraps, Yard Trimmings/Wood (as applicable), Stable
Bedding/Manure (as applicable) from the Customer’s
Containers at the frequency of Collection needed to
adequately service the Customer and, at a minimum, is
performing Collection of Recyclable Materials and Yard
Trimmings/Wood and Stable Bedding/Manure at least once
each week. In the case of a Food Scrap Generator, Contractor is Collecting the Food Scraps one (1) to six (6) times each week as needed to adequately provide service to the
Customer.
(vii) Contractor has evaluated and reduced the level of the Customer’s MSW Collection service to complement the
separate Collection of Recyclable Materials, Yard
Trimmings/Wood and Food Scraps and Stable Bedding/
Manure. Contractor has checked back with the Customer and made at least two (2) on-site visits to determine if the initial sizing of the Containers and frequency of service is optimal for the Customer. Contractor has recommended appropriate
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adjustments as needed to the Customer and has
implemented all adjustments agreed to by the Customer.
(viii) Contractor has provided employee education and training materials to the Customer (and in the case of Multi-Family complexes, Gated Communities, HOA’s and mobile home
parks, to all management and residents) explaining (a) the requirements of the Act, (b) the operation of each Diversion program, and (c) specifically, what materials may be placed in the Recycling Container(s), Yard Trimmings/Wood
Containers, Stable Bedding/Manure, and in the Food Scrap Containers and what materials are to be placed in the MSW Container(s). Employee/resident training shall include at least one on-site training for all employees/tenants/residents of Customer. (In the case of the Food Scrap program at MultiFamily complexes, Contractor shall provide at least one (1) on-site training for residents. Such training shall include the door-to-door distribution of education materials and a
demonstration of use of the kitchen Food Scrap containers. (The demonstration may be by use of a video showing how to use the container as long as Contractor’s representative is onsite and available to respond to residents’ questions). If there are multiple shifts, or if employees/tenants/residents work or are present on different days, Contractor shall conduct multiple trainings until all employees/residents have been trained. Contractor shall provide training posters and stickers for the Containers (both inside and outside containers) showing what materials are allowed in each. Contractor shall provide training and training materials in both English and Spanish and any other language as requested by Customer.
Where a Customer has employees involved in tasks that are handling MSW and/or Divertible materials, that speak a
language other than English, Contractor shall obtain a
translator and conduct a training for those employees in the language they speak and provide program signage and
training handouts in that language. In the case of Multi-Family complexes where more than twenty percent (20%) of the
residents speak a language other than English, Contractor shall obtain a translator and conduct a training for those residents in the language they speak, and provide program signage and brochures/handouts in that language.
Alternatively, Contractor shall provide or utilize other resources available such as City or Contractor’s personnel or instructional videos to conduct a training session for those employees and residents in the language they speak and
provide program signage and training handouts in that
language as necessary to support program implementation.
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(ix) Contractor has made at least two (2) follow-up site visits to confirm the program is operating optimally within the first two weeks after program initiation or re-implementation. (These site visits are in addition to the site checks to confirm MSW quantities and optimization of MSW service described in item vii above.) Contractor has responded to the Customer’s
questions and to any complaints, and has successfully
resolved all questions and complaints.
(x) The Diversion program(s) at the Premises of the Customer has been in place and operating continuously for a minimum of three (3) months. For example, a program that was
implemented in December 2025, would need a verification of continuous operation no later than April 1, 2026.
Within ninety (90) days after implementation of each Diversion program at the Premises of the Customer, Contractor shall ensure that the program is operating effectively such that each Diversion Program is achieving a Contamination level of twenty-five percent (25%) or less during the period July 1, 2025 through December 31, 2027 and a Contamination level of fifteen percent (15%) or less during the period January 2030 through the end of the Term, including any extensions.
If these performance standards are not being achieved,
Contractor shall work with the Business owner(s), manager(s) and employees as needed to re-train, troubleshoot and
otherwise provide technical assistance to ensure the
standards are being met. City may conduct rotating audits throughout the Term to confirm that these performance
standards are achieved and maintained.
(xi) The Diversion programs at the Premises of the Customer meet all the Contamination/Diversion standards in Section 6 of this Attachment B.
(xii) Contractor has conducted a minimum of one (1) annual onsite review of the Recycling plan and of each Diversion program at each Customer, and has conducted a re-training for all employees, Residents and tenants that meets all of the requirements listed for the initial training required under Item (viii) above. Contractor has conducted troubleshooting for each Diversion program and each Diversion program is robust and successfully Diverting the targeted materials within the Contamination limits identified in Item (x) above.
(xiii) In the event Contractor has taken all required actions and completed all required tasks in subparts (i) through (xiii), and
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the program(s) is still not meeting the performance standards in Item (x) herein, Contractor must provide a written report to City documenting all actions completed in implementation of the required tasks in subparts (i) through (xiii). The written report shall contain at a minimum: the name(s) of the
Authorized Customer Representative(s); address of
Customer; email and phone number of Authorized Customer Representative(s); dates/times of calls, letters, emails and required in person site visit; copies of any and all emails and letters along with associated attachments sent to the
Customer; copies of any email or letter responses received from the Customer; notes on any phone call responses
received from the Customer including date/time of phone call response; copies of any and all public education provided to the Customer; photo documentation of Customer’s Bin
contents and relevant photos of the business/multi-family property that would assist in development of diversion
programs; a copy of the written plan described in step (ii) and approved by the Authorized Customer Representative; copies of the information provided to Customer regarding edible food described in step (iii) and the date(s) when the information was provided, if Customer generates edible food; information and documentation of in-house program, backhauling, on-site processing or use of another vendor by Customer as
described in step (iv), if applicable; information and
documentation related to the Contractor’s provision of the appropriate number and type of Containers for the materials generated and the amount of materials generated as
described in step (v); information and documentation related to servicing the Customer’s Containers at the frequency of collection needed to adequately service the Customer as described in step (vi); documentation that Contractor has checked back with the Customer and made at least two (2) on-site visits to determine if the initial sizing of the Containers and frequency of service is optimal for the Customer; the dates/times of the on-site visits; photo documentation taken during the on-site visits; and as applicable, documentation that Contractor has recommended appropriate adjustments as needed to the Customer and has implemented all
adjustments agreed to by the Customer as described in step (vii); information and documentation related to Contractor’s provision of employee and/or resident education and training materials to the Customer, copies of the education and
training materials in English, Spanish and other languages (as applicable); dates/times of employee and/or resident
education; and the number of “Sure Close™” kitchen Food
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Scrap containers distributed and dates of distribution (as applicable) as described in step (viii); documentation that Contractor has made at least two (2) follow-up site visits to confirm the program is operating optimally within the first two weeks after program initiation or re-implementation; the dates/times of the site visits; and name(s) of Contractor staff conducting the site visits.
(xiv) The non-compliant Customer shall be reported to City on the Red/Green Tracking Spreadsheet and/or CRM System
(Attachment K, Monthly Report Item #11) and on the list described in Attachment K, Monthly Reports, Item #8. City may, in its sole discretion, enforce its Mandatory Commercial Recycling ordinance, which may include warnings to the
Customer and ultimately imposition of fine(s). If the Customer agrees to implement the required program(s) as required by the City’s ordinance, City will refer the Customer back to Contractor for implementation of the program(s) and
Customer shall be removed from the list of “Non-Compliant Customers Referred to City for Compliance Action Under
Mandatory Ordinance” in Attachment K, Monthly Reports,
Item #8. If the Customer continues to refuse to implement one or more of the required Diversion programs after City action, the Customer remains on the list and Contractor is relieved of the responsibility to fully implement program(s) at that Customer. (See Article 10 of the Agreement for how
Customers on the list of “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” are handled for purposes of Contractor’s achievement of the performance metrics described therein).
(xv) In the event that Contractor fails to “fully implement” all required Diversion Programs at a Commercial and Business Establishment’s Premises, City will provide written notice to Contractor and Contractor shall have thirty (30) days to “fully Implement” all required Diversion Programs. City may
conduct rotating audits throughout the Term to confirm that these performance standards are achieved and maintained.
After thirty (30) days from City notification, if Contractor has not “Fully implemented” all required Diversion Programs at the Commercial Business Establishment the City will assess the liquidated damages contained in Article 15.09 of the
Agreement.
3.8. SB 1383 Waivers.
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The City provides a process for Customers to request a SB 1383 Waiver from the requirements to implement AB 341 and/or SB 1383 Diversion Programs due to lack of available space and/or de minimis quantities of Divertible Materials. Pursuant to state law, only the City may grant an SB 1383 Waiver. Contractor has no ability or legal authority to grant any such SB 1383 Waiver; Contractor shall refrain from attempting to do so and shall refrain from making any representations to Customers that Contractor has any such ability or legal authority. In the event a Customer served by Contractor has applied for an SB 1383 Waiver, City will inform Contractor about the application in writing and also at the monthly meeting. Contractor shall note that an application for an SB 1383 Waiver has been filed in the Red/Green List and/or CRM System.
Contractor shall fully cooperate with City and provide all Customer data and information requested by City in order for City to determine a Customer’s eligibility for an SB 1383 waiver, and eligibility for renewal or continuation of an SB 1383 Waiver.
If an SB 1383 Waiver is granted by the City for one or more of the required Diversion Program(s), Contractor shall record the effective dates of the SB 1383 Waiver and the Diversion Program(s) to which it applies, in the Red/Green List and/or CRM System.
Contractor shall be relieved of its duty to fully implement the Diversion Program(s) that are specified in the SB 1383 Waiver granted by the City, for the effective dates of the SB 1383 Waiver.
Thereafter, thirty (30) days prior to the termination date of each SB 1383 Waiver, Contractor shall request that City update the status of each Customer’s SB 1383 Waiver(s) to determine whether the Customer has applied for, and was granted a new SB 1383 Waiver. If the City has renewed the SB 1383 Waiver(s), Contractor shall record the effective dates of the new SB 1383 Waiver(s) and the Diversion Program(s) to which it applies, in the Red/Green List and/or CRM System and shall be relieved of its duty to provide the Diversion Program(s) that are specified in the new SB 1383 Waiver(s) granted by the City for the period the new SB 1383 Waiver(s) is effective.
This process shall be repeated by the Contractor thirty (30) days prior to the expiration date of each SB 1383 Waiver, as long as the Customer is served by the Contractor at the same Premises.
In the event that a Customer’s request for any SB 1383 Waiver is denied by the City, Contractor shall comply with all the requirements contained in Section 3.7 of this Attachment B to fully implement all Diversion Programs required by the Agreement.
3.9. Observation and Issuance of Contamination Notices to Commercial Customers.
Whenever Contractor’s driver arrives at a Commercial Business Establishment or MultiFamily Premises where the driver observes Contamination in any Container(s) (MSW, Recyclable Materials and/or Food Scrap/Yard Trimmings Container(s)), the driver shall take the following actions:
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(1) Utilizing the tablet-based, on-board operational CRM system described in Article 8 of the Agreement, photograph the Contamination in the Container and link the Contamination event with the Customer associated with the Contaminated materials in a manner that notes the address, customer number, time, and date with the Contamination event. Upload the photograph to both Contractor’s dispatch/Customer Service and to a shared, cloud-based file that is also accessible by the City;
(2) Empty the Contaminated Container into the Collection vehicle, including Collecting all materials in and around the Container.
(3) Place a hang-tag on the Contaminated Container. The hang-tag shall contain the following information:
a. Customer must place only acceptable Recyclable Materials in the Recycling Container and only acceptable Food Scraps and Yard Trimmings in the Food Scraps and Yard Trimmings Container. No Recyclables or Food Scraps and Yard Trimmings shall be placed in the MSW Container. b. Informing the Customer that they may request additional Recyclable Material Containers and Food Scraps and Yard Trimmings Containers, or increase collection frequencies of existing Containers, from Contractor at an additional charge.
c. Informing the Customer that State law and local ordinance requires all Customers to participate in the City’s Recyclable Materials and Food Scrap and Yard Trimmings Diversion programs.
d. Notifying the Customer that the City may take code enforcement action if additional Contamination occurs.
e. Notifying the Customer that a photograph documenting the Contamination in the Container(s) was taken on this date (driver to fill in date) and is available either by calling Contractor (include phone number to call) or by scanning the QR code on the hang tag (if Contractor’s CRM and computer system is capable of providing this)
Upon Contractor receipt of notification from the driver that a Customer has placed a Contaminated Container out for Collection, the Contractor’s personnel shall record the instance on a digital database including the following information:
1. Date of Contamination event
2. Time of Contamination event
3. Customer address where Contamination was encountered
4. Customer identification number (if available for the customer) for Customer associated with Contamination
5. Photo-documentation of Contamination
6. Route number for the route where the Contamination was encountered
7. Material stream that was Contaminated and by which type of Material (I.e. MSW in the Recyclable Materials stream, Recyclable Materials in the MSW stream, Food Scraps/Yard Trimmings in the Recyclable Materials Stream, etc.)
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In the monthly reports described in Attachment K, Contractor shall provide the City with a digital listing, in Excel format (or similar database program approved by City), of Customers that were found by the driver to have Contamination in their Containers. The report shall include: 1) the total number of Contamination events associated with each Customer during the reporting period; and 2) the Container which contained the Contamination (i.e. Recycling Container, MSW Container, or Food Scraps Yard Trimmings Container). Contractor shall also provide to City photo-documentation of each instance of Contamination on a monthly basis using a cloud-based file sharing service.
3.10. Requirements for Each Instance of Contractor Encountering Overfull Commercial and/or Roll-off Containers.
When Overfull Bin(s)/Cart(s) (as defined in Attachment A) at a Commercial or MultiFamily Premises are observed by Contractor’s driver, such that: (1) access is blocked so the driver cannot empty the Bin/Cart, and/or (2) material is stacked on top of the Bin/Cart so the driver cannot empty the Bin/Cart, then the driver shall take the following actions:
(1) Utilizing the tablet-based, on-board operational CRM system described in Article 8, photograph the Overfull Bin(s)/Cart(s) and link the Overfull Bin(s)/Cart(s) with the Customer associated with the Overfull Bin(s)/Cart(s) in a manner that notes the address, customer number, time, and date with the Overfull Bin(s)/Cart(s).
Upload the photograph to both Contractor’s dispatch/Customer Service and to a file to be sent to the City;
(2) Empty the Bin(s)/Cart(s) into the Collection vehicle, including the materials that were either blocking the Bin(s)/Cart(s) or preventing the driver from emptying the Bin(s)/Cart(s);
(3) Place a hang-tag on the Overfull Bin(s)/Cart(s). The hang-tag shall contain the following information:
a. Customer must place all materials in the Bin(s)/Cart(s) such that the Bin/Cart is not Overfull (i.e., does not exceed one-hundred twenty-five percent (125%) of Bin/Cart capacity by volume).
b. Informing the Customer that they may request additional Bins(s)/Cart(s), increase Collection frequency from Contractor at an additional charge, and/or reduce the quantity of materials in the Bin(s)/Cart(s) by Diverting more Recyclable Materials and/or Food Scraps/Yard Trimmings, flattening cardboard boxes, and employing source reduction methods. c. Notifying the Customer that a photograph documenting the Overfull Bin(s)/Cart(s) was taken on this date (driver to fill in date) and is available either by calling Contractor (include phone number to call) or by scanning the QR code on the hang tag (if Contractor’s CRM and computer system is capable of providing this).
Upon Contractor receipt of notification from the driver that a Customer has placed Overfull Cart(s)/Bin(s) for Collection, the Contractor’s personnel shall record the instance on a digital database including the following information:
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1. Date of observation of Overfull Cart(s)/Bin(s)
2. Time of observation of Overfull Cart(s)/Bin(s)
3. Customer address where Overfull Cart(s)/Bin(s) was/were encountered
4. Customer identification number (if available) for the Customer associated with the Overfull Cart(s)/Bin(s)
5. Photo-documentation of Overfull Cart(s)/Bin(s)
6. Route number for the route where the Overfull Cart(s)/Bin(s) was/were encountered
7. Type of material that was Overfilling Cart(s)/Bin(s) (I.e., MSW, Recyclable Materials, Food Scraps)
On a monthly basis, Contractor shall provide the City with a digital listing, in Excel format (or similar database program approved by City), of Customers that have Overfull Bin(s)/Cart(s) that shall include the information described above along with the total number of instances of Overfull Bin(s)/Cart(s) associated with each Customer. Contractor shall also provide to City photo-documentation of each instance of Overfull Bin(s)/Cart(s) on a monthly basis using a cloud-based file sharing service. Said listing shall also include the efforts of Contractor to work with each affected Customers to remedy the problem, including date, Customer contacted and Contractor’s representative who contacted the Customer, options discussed, solutions implemented, and any outstanding issues.
Contractor’s Recycling Coordinators and/or City’s day-to-day contact person shall work with the affected Customers that have chronically Overfull Bin(s)/Cart(s) (i.e., 2 or more instances of Overfull Bin(s)/Cart(s) in a 30-day period) and shall assist with determining the most cost-effective solution for the Customer to Divert the maximum quantity of Divertible Materials and Dispose of the remaining MSW. Contractor shall not charge Customers any extra or additional fee or charge for Overfull Bins or Carts.
The following do not constitute an instance of an Overfull Bin/Cart:
(1) Bulky Items that are placed out for Collection and for which the Customer has scheduled a Collection appointment with Contractor as described in Section 4 of this Attachment B;
(2) cardboard boxes that have been broken down and flattened, and placed next to or near a Bin/Cart for Recycling; and
(3) cardboard bales (or other baled materials) that are not placed in a Bin/Cart, but are baled and placed next to or near a Bin/Cart for Recycling.
3.11. Other Services To Be Provided.
3.11.1. Miscellaneous Services.
Contractor shall provide the following additional services and may charge Customers for the following services, in accordance with the Applicable Maximum Rates in Attachment D:
(A) Bin wheel out service of a distance of twenty-five – fifty (25-50) feet;
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(B) Bin wheel out service of a distance of fifty-one to seventy-five (51-75) feet; (C) Bin replacement/exchange;
(D) additional Container pick-up for residential, commercial, or multi-family Containers;
(E) locking lids for Bins;
(F) use of a key to open a locked gate or enclosure to access Containers; (G) repair and maintenance of compactors;
(H) Bin cleaning service;
(I) Roll-off/compactor – false/dry run charges;
(J) Roll-off compactor overage charge;
(K) Overweight roll-off compactor charges;
(L) 7+ day rental charges for Bins and Roll-off Boxes;
(M) Resumption of service charge (for Residential and Commercial/Multi-family Customers); and,
(N) Emergency Collection.
3.11.2. Scout Service.
Contractor shall provide Scout Service upon City or Customer request. Customer’s Containers will be moved by a pickup truck, motorized utility cart or other similar vehicle.
Contractor shall move individual Containers containing MSW, Recyclable Materials, Yard Trimmings and/or Food Scraps to a centralized location on the property for Collection by a front loader vehicle. The Containers will then be returned to their original locations.
Contractor shall provide Scout Service to Multi-Family and Commercial and Business Establishments subject to the Applicable Maximum Rates.
3.11.3. Manual Can Service.
Contractor shall only provide Manual Can service to Commercial Customers, that are using Customer’s own containers, where neither Cart nor Bin service is feasible due to (i) the low volume of MSW and/or Divertible Materials generated, (ii) due to the inability to operate automated Collection vehicles at the Premises, or (iii) due to the inability to store or use Carts and/or Bins reasonably at the service location. All requests for exceptions to automated collection service shall be submitted by Contractor to City and City’s decision shall be final. For Commercial Customers, such service is limited to Customers generating a maximum of one hundred pounds (100 lbs.) of MSW per week.
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3.12. Changes in Collection Services.
Customers may, at any time, decrease the frequency of Collections and/or the number of Containers or Compactors for MSW commensurate with the amount of Recyclable Materials, Yard Trimmings, Wood, Food Scraps, and Stable Bedding/Manure Diverted by any Recycling programs, projects or activities undertaken by Customer.
Customers may, at any time, adjust the frequency of Collections and/or the number of Containers for all types of Containers for the storage and Collection of Recyclable Materials, Food Scraps, Yard Trimmings/Wood and Stable Bedding/Manure.
3.13. Consultations and Technical Assistance.
3.13.1. Customer Consultations.
Upon Customer request, Contractor shall consult with Customers on establishing Recycling and Diversion programs and on other MSW and Recycling related activities.
Customers may also consult with City, City’s agents or representatives, and/or with any other Recycling company or expert to plan and implement the most beneficial Diversion program(s) for that Customer.
3.13.2. City and Developer Consultations.
Contractor shall, in a timely manner, review all proposed development plans for new construction, remodels, additions and all other plans at City’s request. Contractor shall provide information and feedback to City and the developer on the optimal space, configuration and location(s) for storage and Collection of MSW, Recyclable Materials, and if applicable, Yard Trimmings/Wood and Food Scraps, cooking oil and grease, and Stable Bedding/Manure. Contractor shall utilize data supplied by the developer, as well as Contractor’s own knowledge and expertise, to estimate quantities of each material that will be generated on a weekly and monthly basis by the proposed development and shall include in the information provided to City and developer, the number, size, type and frequency of Collection required for all Containers to store the materials that will be generated. Contractor’s recommendations and plans shall include methods to maximize Diversion, minimize cost and minimize Contamination in all Divertible Materials and in MSW. Contractor shall provide basic sketches of optimal storage configurations and Container location(s) to City and the developer and shall respond to any questions from City and developer. Contractor shall attend on-site meetings with City staff and the developer, and the developer’s representatives (architects, designers, permit specialists, etc.) as requested and in a timely manner. Contractor shall also confirm that a developer’s proposed plans allow for adequate access by collection vehicles, adequate space to safely turnaround or backup, adequate overhead clearance, etc.
3.14. Cooperation For Waste Characterizations, On-Site Field Container Contamination Audits and Other Studies.
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Contractor shall cooperate fully with City and its agents during all audits and studies, including, but not limited to, all those described in Attachment N. Contractor shall allow site visits and detailed observations of all Processing Facility operations as described in Sections 7.10 and 11.04 of the Agreement; and shall provide route, account, tonnage, and characterization details as to sampling methods and categories sampled, and other data for all Collection and Processing operations. Contractor shall respond in a timely manner to all City questions and requests for data and information.
3.15. Temporary Bin and Roll-Off Services.
Contractor shall provide on a temporary basis two (2) cubic yard, three (3) cubic yard, four (4) cubic yard, six (6) cubic yard Bins, and ten (10), twenty (20), thirty (30) and forty (40) cubic yard Roll-Off Boxes for the purposes of Collection of MSW, Single Stream Recyclable Materials, Single Material Recyclables, Yard Trimmings/Wood, Food Scraps, Construction and Demolition Debris, and Stable Bedding/Manure at the request of Customers. Contractor may charge Customers pursuant to the Applicable Maximum Rates for this service. Such temporary service shall be provided, by way of example but not limitation, to sites where construction and /or demolition activity, replacement of roofs or paved areas, or replacement or maintenance of landscape materials is occurring.
Collection shall occur on an as-needed, on-call basis, within twenty-four (24) hours of a request for any request received before two o’clock p.m. (2:00 p.m.), or may be regularly scheduled, as determined by Customer.
Container(s) requested by Customer shall be delivered within forty-eight (48) hours of the time Customer requests said Container(s) by phone or by email from Contractor. If the Container(s) is not delivered within forty-eight (48) hours of the time Customer requested the Container(s), City may assess the liquidated damages in Section 15.09 of the Agreement. If Contractor delivers Container(s) prior to a Customer-requested delivery date or prior to a scheduled delivery date agreed upon by Customer and Contractor, Contractor shall only begin charging the Customer for use of the Container(s) on the requested/scheduled delivery date and not on the early delivery date. If Contractor does not have available the Container(s) in the size(s) requested by the Customer, Contractor may offer a different Container size to the Customer. If the alternate Container size is more expensive than the Container size requested by Customer, Contractor shall charge no more than the Applicable Maximum Rate for the Container size Customer originally requested. If the alternate Container size is not acceptable to the Customer, Contractor shall locate the correct sized Container(s) within Contractor’s Southern California system and shall provide said Container(s) as quickly as possible. If acceptable Containers in the size(s) that are acceptable to the Customer are not provided within forty-eight (48) hours of the original Customer request, then liquidated damages may be applied by City.
All temporary Bins and Roll-Off Containers containing Yard Trimmings/Wood, Food Scraps, Construction and Demolition Debris or Stable Bedding/Manure shall be collected, transported, and processed at the City-designated Processing Facility(ies) for Yard Trimmings/Wood, Food Scraps, Stable Bedding/Manure or the City-designated Construction and Demolition Debris Processing Facility (for C&D Debris) listed in Article
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6 of the Agreement.
All temporary Bins and Roll-Off Containers containing Single-Material Recyclables and Single Stream Recyclable Materials shall be collected and the materials transported to the City-designated Clean MRF listed in Article 6 of the Agreement for processing and sale.
3.16. Construction and Demolition Debris Recycling.
State law requires that City enforce mandatory Construction and Demolition Debris Diversion. Contractor shall comply with all requirements of the City’s codes and CalGreen, as they may be changed and amended during the Term. Contractor shall provide all services necessary to (A) inform Customers of, (B) support Customer compliance with, and (C) support City’s enforcement of, the Construction and Demolition Debris Diversion requirements in the City codes including the CalGreen requirements.
The CALGreen Construction and Demolition Debris Diversion requirements for the City are included in Municipal Code Section 16.12 et seq. as of the Effective Date of the Agreement.
Contractor shall provide all information and data on Construction and Demolition Debris Recycling and Diversion program to City’s Green Halo, or other C&D tonnage tracking program, on a monthly basis or as otherwise directed by City, and shall include all information that may be requested by City including the amount of Construction and Demolition Debris Recycled and Diverted by material type by project; type of project, i.e. roofing, re-model, Commercial, Residential, new-build, etc.; dates Recycling and Diversion occurred; and any other information and data as may be directed by City.
The services provided by Contractor shall include, but not be limited to: (A) informing all Customers requesting Containers and/or Bins, Roll Off Boxes and Compactor services of the Diversion requirements, (B) providing Containers and/or Bins, Roll Off Boxes, and Compactors as needed for storage and transport of Single-Material Construction and Demolition Debris, and commingled Construction and Demolition Debris, as well as appropriately sized Containers for MSW, (C) providing Collection service of all Containers on a timely basis, and (D) working and coordinating with Customer’s job site superintendent to ensure a smooth and effective Diversion program which achieves the required Diversion percentage, which is the higher of the Diversion percentage in the City Municipal Code or in CalGreen. As of the Effective Date, the City’s ordinance requires diversion of sixty-five percent (65%) and the CalGreen requirement is diversion of a minimum of sixty-five percent (65%) of all Construction and Demolition Debris generated at each of Customer’s job sites for which Contractor is providing Construction and Demolition Debris Collection service. Therefore, Contractor shall divert a minimum of sixty-five percent (65%) of the C&D Debris as of the Effective Date. Contractor shall inform Customers utilizing Containers and/or Bins and Roll Off Boxes on a temporary basis, that materials being Generated must be Diverted pursuant to the requirements of CalGreen and City’s Municipal Code. At such time as there is an increase in the required Diversion percentage in either the City’s ordinance or CalGreen, Contractor shall Divert based on any higher Diversion percentage as of the effective date of such new
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requirements.
Once a Customer has requested Construction and Demolition Debris Collection service, Contractor shall complete the following tasks to establish the Construction and Demolition Debris Diversion Program. For purposes of this Agreement, Contractor shall be found to have “fully implemented” Construction and Demolition Debris Diversion Programs at a job site only if all of the following have been completed by Contractor:
(i) Contractor has contacted the Authorized Customer
Representative (for purposes of this section the “Authorized Customer Representative” is the construction
superintendent/manager, owner, or on-site manager if that Person has decision-making authority; or if Customer is a corporation with multiple locations and centralized decisionmaking, the management Person with decision-making authority. In the case of a broker or waste arranger, the Authorized Customer Representative is the Person who has the decision-making authority for the construction and/or demolition project) and explained the requirements in the Act, in City’s Municipal Code, and in CalGreen for the Customer to Divert at least the minimum required percentage of
Construction and Demolition Debris generated by the project (sixty-five percent (65%) as of the Effective Date of
Agreement). Contractor has also explained all other specific requirements of City’s Municipal Code and CalGreen and has supplied copies of each to the Customer.
(ii) In the event the Authorized Customer Representative communicates to Contractor that it plans to Self-Haul all C&D materials from the job and that it (a) will prepare its own Waste Reduction and Recycling Plan (WRRP”) as described in
subpart (iii), and (b) that it does not want Contractor’s assistance to implement or monitor the WRRP, Contractor shall request a written declaration of same from the
Authorized Customer Representative. Upon receipt,
Contractor shall submit the declaration to the City, shall record it in the Red/Green Tracking Spreadsheet and/or CRM
System, and shall report this at the next monthly meeting with the City. In the event the Authorized Customer Representative indicates that it plans to self-haul the C&D from the job site but requests preparation of a WRRP by Contractor and/or requests Contractor’s assistance with implementation and monitoring of the WRRP, Contractor shall provide those
services as described in this Section 3.16. If the Authorized Customer Representative has provided a declaration refusing all of Contractor’s services and City determines that the job
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site’s WRRP only Diverts some materials, and other Divertible materials are not covered by the Customer’s program; and/or in the event the Customer’s Self-Haul program does not
achieve the required Diversion percentage, City may, after consultation with the Authorized Customer Representative and Contractor, direct Contractor to develop a plan for Diversion of the remaining C&D materials in accordance with the requirements of this Section and submit the plan to both City and the Authorized Customer Representative. Upon City direction, Contractor shall proceed to work with the Authorized Customer Representative to implement and monitor the plan. (iii) Assuming the Authorized Customer Representative
(contacted by Contractor pursuant to subpart (i) above) agrees to utilize Contractor’s services, Contractor shall: (a) estimate the quantities of MSW, Recyclable Materials,
Source-Separated Wood, metal, sheetrock/Dry Wall, Yard
Trimmings, mixed C&D and any other Divertible materials generated by the C&D project; (b) calculate the appropriate number and sized of Containers required for storage; (c) calculate the recommended frequency of service to optimize cost for the Customer; (d) prepare a written Waste Reduction and Recycling Plan (WRRP) containing estimated costs and recommended levels of service to achieve the required
minimum Diversion percentage of the Construction and
Demolition Debris estimated to be generated by the project; (e) submit the WRRP to the Authorized Customer
Representative; (f) discuss the plan with the Representative; and (g) obtain the Authorized Customer Representative’s approval to implement the finalized WRRP.
(iv) Contractor has delivered the appropriate type(s) and size(s) of Containers to the Customer’s C&D job site(s) for storage of Single Material Recyclables and Single Stream Recyclable Materials, metal, Wood, sheetrock, mixed C&D and any other materials. If the job will generate Yard Trimmings from grubbing or other trimming or clearing of Yard Trimmings, Contractor has provided the appropriate type(s) and size(s) of Containers for storage and collection of Yard Trimmings. (v) Contractor is Collecting the Recyclable Materials, SourceSeparated metal, Wood, sheetrock, mixed C&D, Yard Trimmings and all other materials from the Customer’s
Containers at the frequency of Collection needed to
adequately service the Customer.
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(vi) Contractor has evaluated and provided the level of MSW Collection service (if applicable) to the job site to complement the separate Collection of Recyclable Materials, Yard
Trimmings, Source-Separated Wood, metal, sheetrock, mixed C&D Debris and other materials. Contractor has checked
back with the Customer and made at least two (2) on-site visits to determine if the initial sizing of the Containers and frequency of service is optimal for the Customer and for the size, pace and scope of the job. Contractor has recommended appropriate adjustments as needed to the Customer and has implemented all adjustments agreed to by the Customer.
(vii) Contractor has provided education and training materials to the Customer explaining (a) the requirements of the Act, the City’s municipal code and CalGreen, (b) the operation of the WRRP and (c) specifically what materials may be placed in each of the Recycling Container(s), Yard Trimmings
Containers, Source-Separated Wood, metal, sheetrock and other material Containers, mixed Construction and Demolition Debris Containers and what materials are to be placed in the MSW Container(s) (if applicable). Training of job site
personnel shall include at least one on-site training for all construction employees working at the job site. If there are multiple shifts, or employees work or are present on different days, Contractor shall conduct multiple trainings until all employees have been trained. Contractor shall provide
training posters and placards for the Containers showing what materials are allowed in each. Contractor shall provide training and training materials in both English and Spanish.
Where a Customer has employees involved in tasks that are handling MSW and/or Divertible materials, that speak a
language other than English, Contractor shall obtain a
translator and conduct a training for those employees in the language they speak and provide program signage and
training handouts in that language.
(viii) Contractor has made at least two (2) follow-up site visits to confirm the program is operating optimally within 2 weeks after program initiation. Contractor has responded to the Customer’s questions and to any complaints, and has
successfully resolved all questions and complaints.
(ix) The Diversion program(s) at the Premises of the Customer have been put in place and operated continuously throughout the entire construction/demolition job.
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(x) Contractor has provided the Authorized Customer
Representative with copies of weight tickets from all
Processing Facilities used to process all Construction and Demolition Debris Collected from the site by Contractor and has completed all additional documentation, forms and
paperwork required or requested by City and/or the
Authorized Customer Representative in a timely manner.
Contractor has provided the City with digital copies of the weight tickets from all Processing Facilities used to process all Construction and Demolition Debris Collected from the site by Contractor. Upon request by the City, Contractor shall provide paper copies of weight tickets.
(xi) The documentation submitted to City at the conclusion of the job (or if the job is being conducted in phases, at the end of each phase) verifies that the minimum Diversion of
Construction and Demolition Debris required by this Section
3.16 was achieved.
(xii) Contractor has fully cooperated with City to complete the audits of all Processing Facilities used by Contractor to process Construction and Demolition Debris Collected in City as described in Attachment N.
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SECTION 4: SPECIAL SERVICES.
General. This section describes Special Services to be provided by Contractor. Many of the Special Services require Public Information and Consumer Education to Single Family Premises, and/or Commercial and Business Establishments as described in this Section
4. Contractor shall submit each item to City for review and approval prior to printing, production, or distribution. The format for the type of Public Information that shall be provided (e.g., brochure, flyer, pamphlet, letter, postcard, hang tag, video, bill insert, email, eblast, social media posting(s), website pages/content, mobile phone texts, and/or dial-out phone messages) must be confirmed with the City prior to Contractor’s preparation of the Public Information materials. The method for providing the Public Information and Consumer Education, including but not limited to first-class direct mailing, inclusion with Contractor’s bills, and via digital channels must also be confirmed with the City prior to the Contractor’s preparation of the Public Information materials described in this Section 4. Contractor shall submit materials to the City for review, comment and final approval within the timeframes described in this Attachment B; in no event shall such materials be submitted to City for review, comment, and final approval less than thirty (30) days prior to the distribution date.
4.1. Bulky Items Services.
Contractor shall provide Collection services for Bulky Items at Single Family Premises in City, at Multi-Family Premises in City and shall provide an Annual Bulky Item Drop-Off Day all as described in Attachment H and in this Section. Contractor shall notify all Residents of the Bulky Items Services as set forth in Section 5 of this Attachment B.
Bulky Items include the following: furniture, mattresses, couches and loveseats (including sleeper sofas), chairs and other small pieces of furniture, water heaters, refrigerators, ranges, washers, dryers, dishwashers, and other similar items (often referred to as “white goods”), and other large, bulky or heavy objects not normally discarded on a regular basis at Residences or Commercial Establishments. Bulky Items must not be more than eight (8) feet in length, or more than four (4) feet wide, and must not exceed one hundred fifty (150) pounds. Bulky Items does not include the following: automobile bodies, Construction and Demolition Debris, tires, oil, antifreeze and other hazardous substances, Household Hazardous Waste, Electronic Waste, Universal Waste, fluorescent bulbs, household batteries, MSW, Recyclable Materials, Food Scraps, Yard Trimmings or items requiring more than two (2) persons to remove.
In the event of a dispute between Contractor and a Customer as to whether an item meets the definition of a “Bulky Item” for Collection pursuant to this Section, the City shall make the final determination.
Bulky Items Collected by Contractor shall not be landfilled or Disposed until the following hierarchy of Diversion efforts has been followed by Contractor and Contractor has made reasonable, verifiable and documented efforts to Divert Bulky Items from Disposal:
1. Re-use “as is” or repair.
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2. Disassemble for re-use, re-purposing or Recycling.
3. Recycle.
4. Dispose.
For appliances containing Freon or any other coolant that is Hazardous Waste, Contractor shall be responsible for the proper removal of the Freon from the appliances in a manner consistent with federal, state and local laws and regulations, and for Recycling the metal from said appliances, all at no additional cost to the Customer or the City. Contractor may perform this service itself or deliver the Collected appliances to a fully permitted third party for removal of the Freon and Recycling of the metal.
Contractor shall participate in the Orange County MattressCare Recycling program and the Orange County Carpet Stewardship Recycling program by diverting mattresses and carpets to the County’s programs when these materials are included in the Bulky Item Collection.
Contractor shall maintain records of the Customers requesting Bulky Item Collections, the number of Collections requested by each Customer, the number of Collections provided by Contractor, the number and Tons of Bulky Items delivered for repair, re-use, repurposing and Recycling, the names, addresses and contact persons at the organizations and facilities where Contractor has delivered Bulky Items for re-use, repair and/or Recycling, and the types of Bulky Items Contractor is able to Divert to repair, re-use, repurposing and the Tons Disposed. The number of Collections and the Tons Collected, Diverted and Disposed each month shall be included in Contractor’s Monthly and Annual Reports as described in Attachment K. Contractor shall submit additional records and information (including, but not limited to, records of the number of requests per Customer, the types of Bulky Items Contractor is able to Divert, and the organizations or Persons Contractor delivered Bulky Items to for Diversion) to the City upon request.
4.1.1. Bulky Items Collection Services for Single Family Premises.
Contractor shall provide Collection services for Bulky Items at Single Family Premises in the City. Customer or City may request Collection of Bulky Items a minimum of two (2) business days in advance of the desired Collection date. The Collection date may be more than two (2) business days after the Customer’s or City’s request, on a date mutually agreed to by Customer and Contractor. Collection shall occur on or before the Customer’s next regularly scheduled MSW Collection day, unless another date is agreed upon by Customer and Contractor or City and Customer. Bulky Items at Single Family Premises shall be collected at, or reasonably near, curbside or in the alley, giving due consideration to circumstances of access points, vehicular and pedestrian safety and the like, in accordance with the scheduled appointment time established by Contractor, which shall in no case be earlier than 7:00 a.m. local time. Contractor shall provide special assistance when Collecting Bulky Items from Disabled Persons (as defined in Attachment A).
Contractor shall provide three (3) Bulky Items Collections per calendar year per Single
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Family Premises Customer of up to ten (10) Bulky Items per Collection at no charge to the Single Family Premises Customer. For additional Collections of Bulky Items from Single Family Premises, Contractor shall direct bill the Single Family Dwelling Customer, at the Applicable Maximum Rates in Attachment D.
4.1.2. Bulky Items Collection Services for Multi-Family Premises.
The number of Bulky Item Collections per Multi-Family Premises is based on the number of enclosures located on each Multi-Family Premises. Contractor shall provide ten (10) Bulky Items Collections per Multi-Family Premises enclosure per calendar year of up to ten (10) Bulky Items per Collection at no charge to the Multi-Family Authorized Customer Representative. For example, if a Multi-Family Premises has three (3) enclosures located on the Multi-Family Premises, it shall receive up to 30 (thirty) Bulky Item Collections per calendar year of up to ten (10) Bulky Items per Collection at no charge to the Multi-Family Authorized Customer Representative. Similarly, if a Multi-Family Premises has six (6) enclosures located on the Multi-Family Premises, it shall receive up to 60 (sixty) Bulky Item Collections per calendar year of up to ten (10) Bulky Items per Collection at no charge to the Multi-Family Authorized Customer Representative.
The Multi-Family Authorized Customer Representative or City shall arrange for the Bulky Item Collections by Contractor. Individual tenants of the Multi-Family Premises may not arrange for the Bulky Item Collections from the Multi-Family Premises. The Multi-Family Authorized Customer Representative or City may request Collection of Bulky Items a minimum of two (2) business days in advance of the desired Collection date. The Collection date may be more than two (2) business days after the Customer’s or City’s request, on a date mutually agreed to by Customer and Contractor. Collection shall occur on or before the Customer’s next regularly scheduled MSW Collection day, unless another date is agreed upon by Customer and Contractor or City and Customer. Bulky Items at Multi-Family Premises shall be collected at, or reasonably near, a particular enclosure located on the Multi-Family Premises giving due consideration to circumstances of access points, vehicular and pedestrian safety and the like, in accordance with the scheduled appointment time established by Contractor, which shall in no case be earlier than 7:00 a.m. local time. Contractor shall confirm the particular enclosure location on the Multi-Family Premises for the Bulky Item Collections in communication with the Multi-Family Authorized Customer Representative.
The total number of Bulky Item Collections per calendar year per Multi-Family Premises is for the entire property, not each individual tenant or unit within the Multi-Family Premises. For additional Collections of Bulky Items from Multi-Family Premises requested by the Authorized Customer Representative, Contractor shall direct bill the Multi-Family Premises Authorized Customer Representative at the Applicable Maximum Rates in Attachment D.
As set forth in Section 5 of this Attachment B, Contractor shall notify all Multi-Family Premises Customers of the Multi-Family Bulky Items Collection Services described in this Section 4.1.2. Contractor shall conduct field analyses to take inventory of the number of
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enclosures located at each Multi-family Premise in the City on or before July 1, 2025.
Contractor will share this analysis with the City.
4.1.2.1. Bulky Item Collection For Individual Multi-Family Residents. In addition to the Bulky Items Collection pick-ups ordered by a Multi-Family Premises Authorized Customer Representative and provided to a Multi-Family complex, an individual resident of a Multi-Family Premises may request pick up of up to ten (10) Bulky Items by Contractor at the Applicable Maximum Rates for this service in Attachment D. The resident may pay Contractor directly by credit card for this service.
4.1.3 Annual Bulky Item Drop Off Day for Single and Multi-Family Residents.
Contractor shall provide all labor, equipment, vehicles, licenses, permits, safety gear, traffic control and all other services necessary to provide an Annual Single Family and Multi-Family Resident Bulky Item Drop-Off Day on a Saturday during the third week of May each year during the Term of Agreement, or on other dates mutually agreed to by City and Contractor.
The Bulky Item drop-off shall be held at the City’s community center parking lot or other location mutually agreed to by City and Contractor. A site plan and traffic control plan shall be submitted to the City for approval at least thirty (30) days prior to each event.
Contractor shall conduct each event in compliance with all applicable federal, state and local laws. On or before April 15 of each year of the Term beginning in 2025, Contractor shall notify both Single Family Residents and Multi-Family residents of the date and other requirements for the Bulky Item Drop-Off event as set forth in Section 5 of this Attachment B.
The notices shall inform Residents that they should come prepared to demonstrate that they reside in the City by showing one of the following items: driver’s license, utility bill, Contractor’s bill, or other bill with the Resident’s name and a City address. Contractor shall accept Bulky Items from all Residents in attendance during the advertised hours for the event and no Resident shall be turned away from the event. The Bulky Item Drop-Off event shall be conducted on a “first come-first served” basis. Each Resident may drop off up to five (5) Bulky Items. Contractor shall operate the event for a minimum of six (6) hours each drop-off day and shall design and operate the event such that a minimum of 30 vehicles per hour dropping off Bulky-Items can be processed.
4.1.3. Re-Usable/Donated Item Collection For Single Family Residents.
In addition to the three (3) Bulky Item Collections for Single Family Residents described in Section 4.1.1, Contractor shall provide one (1) Collection from each Residence per year of reusable donated items that are in good condition. For purposes of this program “reusable donated items” means items that have financial value and ‘upcycle’ or resale value including clothing, household goods and similar items. “Reusable donated items” do not include regular Bulky Items that are destined for Disposal or only for metals recycling (i.e. non-operational metal appliances) and have no ‘upcycle’ or resale value. In the event of a disagreement between Contractor and a Customer as to whether an item
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is a Bulky Item and not eligible for Collection as a reusable/donatable item, the decision of the City shall be final. In such event, Contractor shall provide information to the Customer about other means for discarding the item.
Single Family Residents may call to schedule an appointment and then set out their items for Collection by Contractor on the agreed-upon day. Contractor shall Collect and sort said items to identify those that meet the standards prescribed by Contractor’s non-profit partner, Goodwill of Orange County. Contractor shall transport the donatable items to Goodwill where Goodwill employees will sort the items to determine acceptability.
Contractor shall pick up any rejected items and handle them as described in the hierarchy in Section 4.1.
Reusable donated items at Single Family Premises shall be collected at, or reasonably near, curbside or in the alley, giving due consideration to circumstances of access points, vehicular and pedestrian safety and the like, in accordance with the scheduled appointment time established by Contractor, which shall in no case be earlier than 7:00 a.m. local time. Contractor shall provide special assistance when Collecting reusable donated Items from Disabled Persons (as defined in Attachment A).
Collection tonnages, data from charities regarding tonnage and values of materials collected, and participation data from collections and the drop off event shall be tracked and reported as described in Attachment K.
4.2. Household Hazardous Waste Collection Program for Single Family Dwellings and Annual Drop Off Event.
4.2.1. Household Hazardous Waste Collection Program for Single Family Dwellings.
Contractor shall provide all labor, equipment, vehicles, licenses, permits and services necessary to Collect Household Hazardous Waste (“HHW”) from Single Family Dwelling Premises in City. Contractor shall provide up to two (2) HHW on-call Collections from each Single Family Dwelling per calendar year at no charge.
For purposes of this Agreement, HHW includes all types of material listed in the definition of HHW in Attachment A. A Single Family Dwelling Customer or the City may request Collection of Household Hazardous Waste by scheduling an appointment with Contractor a minimum of five (5) business days in advance. Contractor shall Collect the HHW on the Single Family Dwelling Customer’s next regularly scheduled MSW Collection day.
Contractor shall provide the Single Family Dwelling Customer with instructions for properly preparing the HHW for Collection, and shall arrange with the Single Family Dwelling Customer for a proper, safe and secure location from which the HHW is to be Collected. Contractor shall only Collect HHW when there is an adult present at the Single Family Dwelling Premises or in the absence of an adult at the Single Family Dwelling Premises, when there is a safe and secure location in which the HHW can be placed (i.e.,
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a side or back yard). Contractor shall instruct Single Family Dwelling Customers not to place HHW for Collection in alleys or at curbside. Contractor shall deliver or mail any bags or other materials or containers necessary for the Single Family Dwelling Customer to use to properly and safely package and place the HHW for Collection. Contractor shall provide special assistance when Collecting HHW materials from Disabled Persons (as defined in Attachment A).
Eligible HHW materials for Collection shall include, but are not limited to, the following:
Cleaning products: ammonia, floor stripper, oven cleaners, rug, upholstery and floor cleaners, tile and shower cleaners, furniture polish, drain cleaners, rust remover, naval jelly and solvents.
Automobile maintenance products: car waxes and polishes, starting fluids, solvent cleaners, antifreeze, repair products, vehicle batteries, brake fluid, transmission fluid, windshield washer fluid, hydraulic fluid, motor oil, oil filters and gasoline and diesel fuel. [Gasoline and diesel fuel must be placed in containers designed and sold for the containment and transportation of fuel; maximum of ten (10) gallons.] Home maintenance and improvement products: oil-based stains, and paints, liquid latex paint, caulking, varnish, paint thinners, chemical strippers, spray paint, artist paint, insect repellants, insecticides, pesticides, poisons, rat poison, kerosene, lighter fluid, and pool chemicals, pool acid and chlorine (tablets or liquid), hobby glue, driveway sealer [maximum of five (5) gallons].
Personal care items: nail polish and remover, hair color.
Electronic Waste items (E-Waste): video display devices such as televisions, television screens, computer monitors, plasma television screens, computer-related items, printers, copiers, scanners, multi-function desktop machines (such as a combination printer/fax/copier), stereos, speakers, cables, cameras, computer CPU’s, LED screens and monitors, computer keyboards, computer mouse, LED bulbs, VCR’s, DVD/CD/tape players, cellular telephones, ipods, tablet computers, MP3 players, Gameboys, remote controls for electronic devices, microwave ovens, air fryers, coffee makers, toasters, irons, and all other corded appliances and corded devices.
Universal Waste items (U-Waste): AA, AAA, C Cell and D Cell batteries; fluorescent tubes and bulbs and other mercury containing lamps (including high intensity discharge [HID], metal halide, sodium and neon bulbs); mercury containing devices such as thermostats, switches, thermometers, and relays (including those found in pre-1972 washing machines, sump pumps, electric space heaters, clothing irons, and silent light switches); pilot light sensors from gas appliances; mercury gauges from barometers, manometers, blood pressure and vacuum gauges; mercury-added novelty items such as greeting cards that play music when opened, athletic shoes with flashing lights in the soles, and mercury maze games; emptied aerosol cans.
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Sharps, such as needles, lancets and syringes. [Sharps must be placed into a rigid sealed, puncture resistant container for Collection.]
Pharmaceutical wastes shall be included if and when state law has been revised to permit Collection of these materials under this type of collection program, and Contractor is directed by City to include pharmaceutical wastes.
Ineligible materials for the HHW Collection Program include, but are not limited to, the following: biological waste, ammunition and explosives, appliances, asbestos, commercial chemicals, construction related materials, containers over five (5) gallons (with the exception of fuel described above), fire extinguishers, Food Scraps, cooking oil and grease, gas cylinders/pressurized cylinder, liquid mercury/elemental mercury and broken items that contain mercury, materials improperly packaged for Collection and transportation, materials in leaking containers, radioactive materials, tires, MSW, Bulky Items, unknown or unlabeled materials.
In the event of a dispute between Contractor and a Single Family Dwelling Customer as to whether a material is eligible for Collection by the HHW Collection program, the decision of the City shall be final.
Contractor shall participate in the Orange County PaintCare program by diverting Paint to the County’s program when Paint is picked up in the HHW Collection program.
Contractor shall Divert a minimum of eighty percent (80%) of all Collected HHW from Disposal by use of in-house resources (if Contractor is fully licensed and holds all required permits to do so) and/or use of third parties that are properly licensed and possess all required permits under local, state and federal law and regulations for Recycling, treating, and otherwise handling HHW to Divert it from Disposal. Contractor shall Dispose of any non-Divertible HHW in accordance with all local, state and federal regulations and only at properly permitted HHW Disposal facilities operating in accordance with all applicable local, state and federal laws and regulations.
Contractor shall maintain records of the Single Family Dwelling Customers requesting HHW Collections, the number of Collections requested by each Single Family Dwelling Customer, the number of Collections provided by Contractor, addresses of each Collection, the number, types, and quantities of HHW delivered for Diversion, the thirdparty Persons or organizations where HHW was delivered for Diversion, and the quantities and types of HHW Disposed, including the licensed and permitted Disposal sites where HHW was Disposed. The number of Collections, types of HHW, quantity of each type of HHW and the total quantity of HHW Collected, Diverted and Disposed each month shall be included in Contractor’s Monthly and Annual Reports as described in Attachment K. Contractor shall submit additional records to the City upon request.
Contractor shall create and maintain all transportation manifests, records, lists and all other documentation for HHW Collection, transportation and Disposal that are required by local, federal and state laws and regulations. Contractor shall provide pollution control insurance as described in Article 13 of the Agreement. Contractor shall provide the HHW
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Collection Program at no additional cost to the City or to Single Family Dwelling Customers.
4.2.2. Household Hazardous Waste Annual Drop-off Event.
Contractor shall provide one (1) Household Hazardous Waste drop-off event per year for City Residents. Household Hazardous Waste acceptable for drop-off is defined in Section
4.2.1 of this Attachment B, as well as in Attachment A. The event shall be held on a nonholiday weekend in June, or on another day mutually agreed upon by City and Contractor.
Contractor shall notify all Residents of the events as set forth in Section 5 of this Attachment B. The notices shall inform Residents that they should come prepared to demonstrate that they reside in the City by showing one of the following items: driver’s license, utility bill, Contractor’s bill, or other bill with the Resident’s name and a City address. Contractor shall accept HHW from all Residents in attendance during the advertised hours for the event and no Resident shall be turned away from the event. The drop-off event shall be conducted on a “first come-first served” basis. Contractor shall operate the event for a minimum of six (6) hours each drop-off day and shall design and operate the event such that a minimum of 30 vehicles per hour dropping off materials can be processed.
Contractor shall arrange the in-City location for each event, safety gear, traffic control, any other needed elements for such events and shall obtain all required permits for each event. A site plan and traffic control plan shall be submitted to the City for approval at least thirty (30) days prior to each event. The event shall be held at a site located by Contractor and approved by City. Contractor shall conduct each event in compliance with all applicable federal, state and local laws. All Household Hazardous Waste shall be sorted at the drop-off site and properly prepared and packaged for proper disposal or Recycling.
Contractor shall participate in the County’s PaintCare program by Diverting Paint to the County’s program when Paint is dropped off at the HHW Collection Event.
Contractor shall Divert a minimum of eighty percent (80%) of all Collected HHW from Disposal by use of in-house resources (if Contractor is fully licensed and holds all required permits to do so) and/or use of third parties that are properly licensed and possess all required permits under local, state and federal law and regulations for Recycling, treating, and otherwise handling HHW to Divert it from Disposal. Contractor shall Dispose of any non-Divertible HHW in accordance with all local, state and federal regulations and only at properly permitted HHW Disposal facilities operating in accordance with all applicable local, state and federal laws and regulations.
Contractor shall maintain records of the number of Customers dropping off materials during the drop-off event, types, and quantities of HHW dropped-off for Diversion, the third-party Persons or organizations where HHW was delivered for Diversion, and the quantities and types of HHW Disposed, including the licensed and permitted Disposal sites where HHW was Disposed. The number of Customers dropping off materials during the drop-off event, types of HHW, quantity of each type of HHW and the total quantity of
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HHW Collected, Diverted and Disposed at each drop-off event shall be included in Contractor’s Monthly Report for the month the drop-off event was held as described in Attachment K. Contractor shall submit additional records to the City upon request.
Contractor shall create and maintain all transportation manifests, records, lists and all other documentation for HHW Collection, transportation and Disposal that are required by local, federal and state laws and regulations. Contractor shall provide pollution control insurance as described in Section 10 of the Agreement. Contractor shall provide the HHW Events at no additional cost to the City or to Customers.
Contractor shall distribute a postcard to all Residential Customers at least 30 days prior to the event that includes details regarding the event, including, but not limited to, the location of the event, the time of the event, the date of the event, the type of materials that are acceptable at the event, and any other information as directed by the City.
Contractor shall provide the draft postcard to the City at least 90 days in advance of the event.
4.3. Holiday Greenery Collection and Recycling.
Contractor shall collect, at curbside or in alley locations, Christmas trees and other holiday greenery from Single Family Dwellings for three (3) full weeks from December 26 through January 15 of each year of the Term. (After this period trees shall be Collected as Bulky Items and shall be counted as one of the ten (10) Bulky Item Collections per calendar year as described in Section 4.1 of this Attachment B.) Trees up to six feet (6’) in length shall be Collected and Diverted without Customers being required to cut them. Contractor may request that Customers with larger trees cut the trees into pieces no longer than six feet (6’) by placing such information in the postcard or brochure advertising the program, and by tagging the tree stating it must be cut into smaller length(s). Contractor shall prepare a brochure or postcard informing residents of such Collection service. Contractor shall submit a draft of the brochure or postcard to City for review and approval by October 1 of each year of the Term. The brochure or postcard shall be prepared and mailed firstclass postage and shall be professionally designed and mailed so that residents receive the brochure or postcard not later than December 10. Residents shall be instructed on how to prepare Holiday Greenery for Recycling including removing all ornaments, lights and tinsel. Holiday Greenery which complies with these instructions shall be delivered by Contractor to the City designated Compost Facility or other City-designated Processing Facility.
Contractor shall Compost or otherwise Divert all Collected holiday greenery that meets the requirements of this Section (i.e., trees that contain no flocking, tinsel, lights or ornaments). Contractor is prohibited from delivering Holiday Greenery Collected in City and any Compost or mulch created from holiday greenery Collected in City to any landfill for use as ADC.
Trees and greenery that have been flocked or are Contaminated by ornaments, lights and/or tinsel shall be delivered to the City designated Disposal Facility for Disposal.
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Contractor shall provide City a written report by February 15 of each year of the Term, listing the Tons of Christmas trees and holiday greenery collected, the Tons delivered to the Compost Facility or other City-designated Processing Facility and the Tons delivered to the Disposal Facility. Contractor shall provide City with copies of weight tickets from the Compost Facility or other City-designated Processing Facility and from the Disposal Facility as documentation of the Tons Diverted and Disposed. Contractor shall provide the holiday greenery Collection program at no additional cost to the City or to Customers.
4.4. Sharps Pre-Paid Mail-Back Program.
Contractor shall provide Customers with pre-paid, postage-paid mail-back Sharps containers to safely store used Sharps and send Sharps for proper disposal. Customers shall be provided with a toll-free number to call to arrange to receive the pre-paid, postage-paid mail-back Sharps container mailed to their Residence. Contractor shall also provide ten (10) mail-back Sharps containers to City for distribution to residents as needed, and Contractor shall replenish the supply to City on an on-going basis as needed through Term of Agreement. Contractor shall ensure that all Sharps are being properly disposed by the Persons or organizations that Contractor has subcontracted with to provide the Sharps collection and disposal service and that such disposal methods meet all applicable local, state and federal laws and regulations regarding Sharps handling and disposal.
Contractor shall also Collect Sharps that are properly containerized as part of the HHW Collection program described in Section 4.2.1 of this Attachment B and in the HHW Annual Drop-Off Events described in Section 4.2.2 of this Attachment B. Contractor’s inclusion of Sharps Collection in the HHW program shall not be a substitute for providing the pre-paid postage-paid mail-back program described herein, but shall be provided by Contractor in addition to the pre-paid postage-paid mail-back Sharps program.
Contractor’s Public Information materials as described in Section 5 of this Attachment B shall annually inform Customers about the availability of the Sharps pre-paid postagepaid mail back program and shall emphasize the importance of keeping Sharps out of the MSW, Recyclable Materials and Food Scrap/Yard Trimmings Carts. Contractor shall also advertise the program on its web site.
Contractor shall provide a monthly and annual report to the City on the number of Sharps pre-paid mailer kits provided to Customers both through home delivery of kits and by Customer pick-up at the in-City pick-up location. The report shall also list the number of Sharps containers mailed back for proper Disposal, and the number (if any) Collected by Contractor as part of the Door-to-Door HHW Collection program and the Annual HHW Drop-Off Events. Contractor shall provide the Sharps Program at no additional cost to the City or to Customers.
4.5. Annual Compost Giveaway Events.
Each year during the Term, Contractor shall provide two (2) free Compost distribution events within the City for Residential Customers. The Compost product shall be provided
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in bags containing one (1) cubic foot of Compost and each Resident shall receive up to five (5) bags of Compost per event. Contractor shall provide a sufficient quantity of Compost for five hundred (500) residents per event. The Compost shall be laboratory tested and shall meet the U.S. Composting Council’s Seal of Testing Assurance standards. Laboratory test results of the product(s) to be distributed shall be submitted to City a minimum of fifteen (15) days prior to each distribution events. Contractor shall notify City at least sixty (60) days in advance of the Compost giveaway events. The parties shall coordinate regarding the location and timing for each event, which shall be held each year of the Term in February and in October. Finalization of event dates, or any changes in event dates, shall be mutually agreed to by the City and the Contractor. The Compost Giveaway events will be conducted on a “first come-first served” basis. Contractor shall operate each event for a minimum of six (6) hours. No Resident shall be turned away.
Every effort shall be made for Contractor to prioritize the provision of Compost for the Compost Giveaways at the highest possible level from the following list, with #1 being the City’s highest priority: 1) Contractor shall provide Compost from Collected Food Scraps and Yard Trimmings produced at the City-designated Composting Facility described in Attachment P, 2) Contractor shall provide Compost from Collected Food Scraps and Yard Trimmings produced at a Composting Facility operated by the County of Orange, 3) Contractor shall utilize Compost from Collected Food Scraps and Yard Trimmings produced at a Composting facility located within Orange County, or 4) provide compost made from Food Scraps and Yard Trimmings processed in California. Contractor shall report the origin of the Compost to the City for use as part of City’s SB 1383 procurement requirements in CCR Chapter 12, Article 12, Section 18993.1.
Contractor shall arrange the in-City location(s) for such events and shall provide all required labor, equipment, traffic control and other needed elements for such events. A site plan and traffic control plan shall be submitted to the City for approval at least thirty (30) days prior to each event. At Contractor’s discretion, or if so directed by City, Contractor may require participants to show evidence of residence within the City (for example by providing a driver’s license, utility bill or other documentation that the Customer resides within the City). Event dates shall be mutually agreed to by the City and the Contractor. Contractor shall advertise the events through its website and through mailings and other Public Information methods described in Section 5 of this Attachment B. If Contractor or City chooses to require proof of City residency at the events, Contractor shall include this requirement in all Public Information materials prior to each compost giveaway event.
Contractor shall provide City with a report within thirty (30) days following each event listing the number of participants, the quantity of Compost distributed, the origin of the Compost, and the specification of the Compost. Contractor shall provide the Compost described herein for the giveaway events, as well as the Compost Giveaway Events at no additional cost to the City or Residents.
4.6. Composting Workshop.
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Contractor shall advertise and conduct one (1) Composting workshop event for Residents each calendar year during the Term on a non-holiday weekend in March of each year, or on other days mutually agreed upon by City and Contractor.
Contractor shall arrange the in-City location(s) for such events and shall provide all required labor, equipment, traffic control and other needed elements for such events. A site plan shall be submitted to the City for approval at least thirty (30) days prior to each event. At Contractor’s discretion, or if so directed by City, Contractor may require participants to show evidence of residence location within the City (for example by providing a driver’s license, utility bill or other documentation that the Resident resides within the City). Event dates shall be mutually agreed to by the City and the Contractor.
Contractor shall advertise the events through its website and through mailings and other Public Information methods described in Section 5 of this Attachment B. If Contractor or City chooses to require proof of City residency at the events, Contractor shall include this requirement in all Public Information materials prior to each Composting workshop event.
Contractor shall sell home composting units, type/model approved by City, at a twentyfive percent (25%) discount (compared to retail prices) to Residents attending the Composting workshops. Contractor shall bring twenty (20) units for sale to the first Composting workshop to be held in the City, and then adjust quantities accordingly for future Composting workshops based on sales during the first and future Composting workshops. City may revise the number of discounted Composting units that Contractor is required to offer for sale at each Composting Workshop.
Contractor shall develop and produce a professional, well-formatted, four-color, designed pamphlet or brochure educating residents on Composting, how-to Compost, benefits of composting, and other relevant information related to home-Composting for distribution at each Composting workshop event, at other events attended by Contractor and as requested by City and/or Resident. In addition, to the Composting brochure/pamphlet printed and distributed at the Composting Workshops and other events attended by Contractor, Contractor shall provide one hundred (100) copies of the Composting pamphlet or brochure to City each year in July. This amount may be adjusted by the City each year, according to the demand for the pamphlet or brochure. All costs associated with the preparation of a professional, well-formatted and designed pamphlet or brochure, as well as costs of printing shall be borne by Contractor.
Contractor shall provide the Composting workshop events, composting educational pamphlet/brochure and discounts on home composting units at no additional cost to the City or to Customers.
4.7. City Services.
Contractor shall provide all of the following services during the Term of the Agreement.
4.7.1. City Sponsored Special Events.
City may sponsor, co-sponsor, host or otherwise organize special events, referred to as “City Sponsored Special Events”. Contractor shall, at no additional cost to City, design