Contractor shall make detailed n otes in the Red/Green Tracking Spreadsheet and/or CRM System about all Customer contacts (telephone, mail, e -mail, on -site meetings, Item: 14
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observations and inspections) and all pertinent information on issues, problems, troubleshooting and solutions concerning program implementation at each Customer’s location(s).
The description of the Red/Green Tracking Spreadsheet in Attachment K is the template and format that Contractor shall use to create the electronic version of the Red/Green Tracking Spreadsheet. On or before July 1, 202 5, Contractor shall create a complete and up-to-date version of the electronic Red/Green Tracking Spreadsheet that lists all Commercial and Business Establishments and Multifamily complexes in the City.
Residential accounts and neighborhoods shall also be input into the spreadsheet/CRM system. Additionally, all Customer data shall be uploaded to the CRM System by July 1, 2025. The status of each entry’s program implementation in the spreadsheet shall be indicated and shall note actions taken and any next steps required for implementation and/or continuation of program operation. All tenants of Commercial and Business Establishments shall be identified and included in the listing as individual line items. For example, a strip mall or plaza may be shown as the Master Account and individual tenants located in the strip mall or plaza would be listed in separate rows. The program implementation status for each of the tenants shall be shown in the spreadsheet on its individual line. Over time, new businesses will open and existing businesses will close or may change locations. As this occurs, Contractor shall notify City of changes made to the Red/Green Tracking Spreadsheet and/or CRM System by noting thereon, the change in location, business, owner/manager, and new contact information. Contractor sh all not delete any Customer or business from the Red/Green Tracking Spreadsheet and/or CRM System without written approval by City. Contractor shall add new businesses that open Item: 14
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within City and shall note such new additions to the spreadsheet /CRM system to City in the monthly meetings and shall note the month and year the new business opened, on the spreadsheet and/or CRM System.
11.03.C Reports Listed in Attachment N. Results of Characterization Studies of all Processing Facilities and results of all On-Site Field Container Contamination Audits.
11.04 Inspection by City. The City shall have the right, but not the obligation, to observe and inspect all of the Contractor’s operations involved in providing services under this Agreement to determine whether Contractor is performing in accordance with this Agreement and Applicable Laws. Contractor shall cooperate fully with such inspections, including inspections and observations of operations at all Processing Facilities , and where necessary, obtain such permissions and right of entry for inspection on behalf of City for facilities used by, but not owned by, the Contractor. In connection therewith, the City shall have the right to enter any of Contractor’s facilities and Processing Facilities owned or operated by third parties at which Contractor has contracted to process materials Collected in City, observe operations as desired by City, photograph operations and record by both written and electronic media such observations measurements and quality of Recovered and/or processed materials . Access shal l be scheduled during normal business hours, however, in the case of observation and/or participation in waste characterizations and route audits, City shall have ac cess to observe all steps of the protocols and techniques used in the sampling process. Such protocols and techniques include, but are not limited to, selection of routes, selection of materials from trucks utilizing an X and Y axis as described in Attachment N, actual sampling, weighing of samples and recording of data utilizing data sheets as described in Attachment N. For Item: 14
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on-route Residential lid flipping, if material is brought to a Processing Facility or transfer station for additional examination, or if an alternate sampling protocol (other than on-site lid flipping at Residences) is used, the same access described herei n for characterizations and route audits shall be granted. Contractor shall accommodate early morning and late evening access to coincide with the characterizations, route audits and lid flipping, including sampling and all techniques and protocols associated therewith. City access shall be granted even during high traffic and high -volume times of the day at the facility. Appropriate safety precautions and procedures shall be employed.
Where photo -documentation or other media capture is required by City or its agents to verify Contractor’s claims and/or reported tonnages, Diversion or other information, such material shall be stored at Contractor’s facility in a location secured to Contractor’s satisfaction. The City shall have the right to speak with any of Contractor’s employees, where it is necessary to obtain clarification or pertinent detail that can best be provided by the employee(s), and to receive a response to any inquiries dire cted to such employees; and review and make copies (at City’s expense) of any and all Contractor’s operational and business records related to this Agreement. If City so requests, Contractor shall make specified personnel available to accompany City employees and/or City’s agents on inspections. City’s access to, and observation of activities and operations at each Processing Facility shall not be restricted or impaired in any way by Contractor.
City may periodically investigate Contractor’s financial status to determine Contractor’s financial capacity to continue to perform in accordance with this Agreement.
Such investigations will be done at the sole expense of City, using such City employees Item: 14
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or independent agents as City dee ms appropriate. Contractor shall cooperate dur ing such investigations and shall make available for inspection such records as the City, or its agents or authorized personnel, may request.
Contractor shall maintain a complete roster of employees and independent contractors providing service under this Agreement. The roster shall contain the name, job classification and such other information as City may require. The City may inspect the roster, and make a copy thereof at its expense, at any time during business hours.
City shall have the right to observe Containers of MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps, Stable Bedding/Manure Construction and Demolition Debris and all other materials for the purpose of conducting waste audits and Contamination audits as needed during the Term.
11.05 Compliance Reporting. Contractor shall submit monthly, quarterly and annual reports to the City documenting the disposition of MSW, Recyclable Materials, Yard Trimmings, Wood, Compost, Stable Bedding/Manure Food Scraps, and shall format such reports so that they may be used by the City for City’s compliance with the reporting requirements of the Act , SB 1383 and all Applicable Laws, or any other subsequently enacted federal, state or local laws, rules, or regulations governing integrated waste management. Contractor shall also comply with all requirements of AB 901 (PRC Sections 41821.5-41821.8) as it may be amended, and all regulations promulgated thereto, regarding reporting Tons to CalRecycle, the City and other agencies. The aggregation of tonnages permitted by AB 901 shall not alter any of Contractor’s reporting requirements in this Agreement. The confidentiality provisions of AB 901 shall not apply to any of Contractor’s reports submitted pursuant to this Agreement. All Contractor’s Item: 14
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reports are subject to audit by City, or by a third -party designated by City. The accuracy of all required reports to be submitted by Contractor are of paramount importance to City.
Such reports show how Contractor is tracking and allocating diverted Tons, D isposed Tons, residue Tons and Tons delivered to, and marketed from, Processing Facilities. The number of Tons diverted and Disposed directly impacts both the City’s Diversion rate as calculated by the Act, and SB 1383, the City’s costs of Diversion and of compliance with the Act and SB 1383. Therefore, City may take all necessary steps and actions to audit, analyze and review any tonnage discrepancies or any other discrepancies, in Contractor’s calculations, allocations, tonnage tracking and submitted documentation and records.
11.05.A Reporting of Multi-Family and Commercial Tons Separately. As described in the definition of Commercial and Business Establishments in Attachment A, Contractor shall report all Tons collected at Multi-Family Dwelling Premises separately from Commercial Tons . This includes but is not limited to, Tons of MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Stable Bedding/Manure, Wood and Construction and Demolition Debris. Contractor shall accomplish the separate tracking and reporting of Multi-Family Dwelling and Commercial Tons by the use of on-board scales and weigh ing each Bin as it is emptied into t he Collection vehicle, record the weight, type of Customer for each lift ( Multi-Family Dwelling or Commercial), Customer account and report the Tons for each Custom er type daily for each route . For Cart Collection service Contractor shall utilize the allocation method in Attachment CC.
11.05.B Material Discrepancy in Data Reported.
In the event that City discovers any material discrepancy in Contractor’s reported Diversion, Disposal, Tonnages, or any reported data required by this Agreement, City will Item: 14
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notify Contractor and Contractor shall have fourteen (14) calendar days to explain or otherwise resolve the discrepan cy or discrepancies to the satisfaction of City. If there remains any doubt or question about the accuracy of Contractor’s calculations, allocations, documentation or disposition of Tons of MSW, Recyclable Materials, Yard Trimmings, Stable Bedding//Manure, Wood, Food Scraps, Construction and Demolition Debris, Compost, Bioengineered Feedstock (if applicable), Digestate (if applicable) or any other materials, City may undertake a detailed examination of all information, documentation, calculations and other data.
In the event that there is a discrepancy between the levels of Contamination observed in on-site field Container Contamination audits of Multi-Family Dwelling or Commercial Containers, versus the level of Contamination determined by the Processing Facility characterization conducted pursuant to Attachment N, Contractor shall diligently work with City to identify the sources of Contamination and reduce them to the limits required by law in order to comply with the Act. In the event such efforts do not result in agreement between the Contamination levels identified by the on-site field Container Contamination audits and the Contamination levels identified by the Processing Facility characterization, Contractor and City will work together to create a methodology that will provide the information needed to trace the Contamination back to the source(s) on the various routes.
Contractor shall reimburse City’s actual costs up to seventy-five thousand dollars ($75,000) in each calendar year for such analysis, research, and review. Contractor shall cooperate fully with City’s efforts and shall provide in a timely manner all additional City - requested documentation, information, and records (both electronic and hard c opy) and Item: 14
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shall provide access to all City requested documents and records both of Contractor and of the Processing Facilities used to process Tons Collected in City.
City will invoice Contractor for the actual cost of the additional tonnage and allocation review and Contractor shall pay the invoice within thirty (30) days of receipt. In the event that Contractor fails to pay City’s invoice within thirty (30) days of r eceipt, interest shall accrue at the Prime Rate (as published in the Wall Street Journal as of the due date for payment of the invoice) plus five percent (5%).
11.06 Annual Route Audit. Contractor shall conduct an annual audit, during the month of April of each year of this Agreement, of all Collection routes for MSW and Recyclable Materials, Food Scraps, Yard Trimmings , and Wood . The audit shall include, at a minimum: (i) the route number, (ii) identification number of vehicles servicing each route, (iii) number and type of accounts serviced by route and by truck, (iv) number and sizes of Containers collected together with the f requency of Collection by route a nd by truck, (v) weight of MSW collected, (vi) weights of Single-Material Recyclables, Single Stream Recyclable Materials, Yard Trimmings, Food Scraps, Stable Bedding/Manure and Wood by route and by truck, (vii) densities for all routes audited in pounds per cubic yard, and (viii) any pertinent operational details. Results of the route audit shall be delivered to City in their entirety, including, but not limited to, maps of routes with each route numbered, survey sheets, logs, route lists, forms used to g ather information, and other similar documents, within ten (10) working days of completion of the audit, and in no event later than May 20 of each year of the Term. The initial audit shall be performed in April 2026 with the report due by May 20, 2026. Said audit may be undertaken directly by Contractor Item: 14
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or on behalf of Contractor by another party, but in either event shall be completed at Contractor’s sole expense.
11.07 Characterization Studies and In -Field Container Contamination Audits .
Contractor shall conduct the following characterization studies and audits as described in Attachment N:
11.07.A Characterization Studies. Contractor shall conduct characterization studies of the streams of materials being delivered to each Processing Facility using the protocols and at the frequencies described in Attachment N. The first Processing Facility characterization studies shall be conducted during 2025 as described in Attachment N.
The characterization study reports shall include the items listed in Attachment N and be submitted to City at the frequencies described therein . City shall have the right to have City staff or City’s representatives present during any of the study. Contractor shall give City a minimum of fifteen (15) calendar days written notice of the date and time Contractor shall conduct each study. The characterization studies and the reports on results shall be performed and prepared at Contractor’s sole expense.
The results of the characterization study shall be put into use the first day of the month following submittal of the report to the City and approval of the report and allocation method by City, and shall be used to report Tons D iverted and Disposed by each Processing Facility for the City of ___________ in the monthly reports submitted to City pursuant to Attachment K. Such results shall be used to report Tons Diverted and Disposed by each Processing Facility for the City of __________ until the results of the next characterization study are approved by City. If and when Contractor is required to Item: 14
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report to CalRecycle or any other agency, jurisdiction-specific Tons Diverted and Tons of Residue for each Processing Facility used by Contractor to process City’s materials, Contractor shall report using the results of the Processing Facility characterization studies described herein.
11.07.B In-Field Container Contamination Audits. Contractor shall also conduct on -site field Con tainer Contamination audits at R esidential, Commerci al and Business Establishments, using the protocols and at the frequencies described in Attachment N. The Contamination audit reports shall include the items listed in Attachment N and be submitted to City at the frequencies described therein. In-field Contamination audits shall commence as described in Attachment N. City shall have the right to have City staff or City’s representatives present during any of the audits.
Contractor shall provide City a schedule and list of locations/routes where audits will be conducted a minimum of fifteen (15) days prior to the first audits . The audits and the reports on results shall be performed and prepared at Contractor’s sole expense.
11.08 Annual City Review of Contract Audits and Results. Each year of the Term, City shall have the right, but not the obligation, to conduct a review of the procedures used to perform all audits and characterization studies described in Sections 11.05, 11.06 and 11.07, as well as the protocols described in Attachment CC to allocate Cart tonnages for multi-jurisdictional Residential routes and cross-sector Cart Collection, and the results of said audits , studies and methodolog ies. If City desires to review the audit , characterization, and/or cross -jurisdictional/cross sector allocation results and/or procedures, City will contact Contractor to schedule a meeting or series of meetings to Item: 14
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discuss the procedures and results. At City’s sole discretion, Contractor shall change the audit and/or characterization protocol, timing and frequency and/or the cross-jurisdictional cross sector allocation methodology as directed by City and shall put such changes into effect with the next audit and/or characterization. City’s review of audit and study procedures may include review of Contractor and Processing Facility records and on-site visits to Contractor’s facilities and Processing Facilities. City’s access to, and observation of activities and operations at each Processing Facility shall not be restricted or impaired in any way by Contractor.
11.09 Reporting of Adverse Information. Contractor shall promptly notify City and shall provide the City with three (3) copies (one to the Public Works Director, one to the City Manager and one to the City Attorney) of all claims, complaints, pleadings, demand letters, Notices of Violation, communications or other written material that sets forth or discusses Contractor’s potential liability with respect to Contractor’s performance of services under this Agreement, or with respect to collection services provided by Contractor in any other jurisdiction during the term of this Agreement. This shall include such documents as may be received from or sent by Contractor to the U.S. Environmental Protection Agency, California Environmental Protection Agency, CalRecycle, the Securities and Exchange Commission , or any other federal, state or local agency with jurisdiction over Contractor’s operations, including but not limited to documents that may be filed in any federal or state court or arbitration. Copies shall be submitted to the City simultaneously with Contractor’s filing or submission of such materials with said agencies.
Contractor’s routine correspondence with said agencies need not be submitted to City, but shall be made available to the City promptly upon City’s written request.
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In the event Contractor receives notification from the neighboring City of ____________ that said City is terminating its contract with Contractor, Contractor shall provide City with a copy of such notice within five (5) days of Contractor’s receipt of the notice.
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ARTICLE 12: INDEPENDENT CONTRACTOR
12.01 Contractor an Independent Contractor. In the performance of services under this Agreement, the Contractor shall be, and is, an independent contractor, and is not an agent or employee of the City. Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all Persons assisting Contractor in the performance of Contractor’s services hereunder. Contractor shall be solely responsible for all matters relating to the payment of its empl oyees, including compliance with social security, withholding and all other regulations governing such matters, and shall be solely responsible for Contractor’s own acts and those of Contractor’s employees and other agents.
12.02 No Partnership or Joint Venture Created. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the City and Contractor, or as giving the City a duty to supervise or control the acts or omissions of any Person performing services or work under the Agreement.
12.03 No Entitlement to City Benefits. Neither Contractor nor its officers, employees, agents or subcontractors shall be entitled to any retirement benefits, healthcare benefits, workers’ compensation benefits or any other benefits which accrue to any City employees, and Contractor expressly waives any claim it may have to acquire to such benefits. Contractor agrees to defend and indemnify City for any claims brought by Contractor’s employees against City for such benefits.
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ARTICLE 13. INDEMNITY, INSURANCE, BOND
13.01 General Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officials, officers, employees, agents, consultants, volunteers, affiliate, assignees, representatives, attorneys, subsidiaries and affiliated entities and their respective heirs and assigns (collectively “Indemnified Parties”) from and against any and all claims (individually a “claim”, collectively “claims”) including without limitation, claims for bodily injury, death, or damage to property, demands, obligations, damages, actions, causes of action, suits, losses, judg ments, fines, penalties, liabilities, costs and expenses (including , without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or be in any way related directly or indirectly to City entering into this Agreement with Contractor, Contractor’s breach of its obligations under this Agreement, or Contractor’s performance of, or its failure to perform, its oblig ations under this Agreement. Claims subject to the Contractor’s duty to defend and indemnify shall include, without limitation, (i ) any claim concerning the validity of City entering into this Agreement or any ordinance or action based thereon, as well as the limits of City’s authority with respect to the entering into Agreements, including the process for the approval of Agreements, exclusive or otherwise, (ii ) any claim involving the collection of Municipal Solid Waste, arising out of the exercise of thi s Agreement by Contractor , (iii) claims by other entities disputing the rights and privileges granted by City in this Item: 14
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Agreement, or (iv) as specified under the provisions of Section 13.05 below concerning Hazardous Waste.
The foregoing indemnity shall not apply to the extent that the Claim is caused by the sole negligence or the willful misconduct of the Indemnified Parties, but shall apply if the Claim is caused by the j oint negligence of Contractor and other Persons. Upon the occurrence of any Claim, Contractor, at Contractor’s sole cost and expense, shall defend (with attorneys reasonably acceptable to City) the Indemnified Parties . This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits shall not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor’s duties to indemnify and defend shall survive the expiration or earlier termination of this Agreement.
Nothing in this section shall be deemed to require Contractor to defend or to indemnify the City for claims where the City is prohibited from imposing such duties on Contractor pursuant to Public Resources Code section 40059.1 or section 40059.2.
13.02 Insurance.
13.02.A Types and Amounts of Coverage. Without limiting Contractor’s indemnification described in Section 13.01, Contractor shall procure from an insurance company or companies licensed to do business in the State of California and shall maintain in force at all times during the Term at Contractor’s sole expense, the types and amounts of insurance listed in this Section 13.02 in a form acceptable to City. If Contractor Item: 14
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maintains higher limits than the minimums listed in this Section 13.02, the City shall be entitled to coverage for the higher limits.
13.02.A.1 Workers’ Compensation and Employer’s Liability. Contractor shall maintain workers’ compensation insurance covering its employees in statutory amounts and otherwise in compliance with the laws of the State of California. Contractor shall maintain employer’s liability insurance in an amount not less than One Million Dollars ($1,000,000) per accident or disease. Contractor shall not be obligated to carry workers compensation insurance if (i) it qualifies under California law and continuously complies with all statutory obligations to self-insure against such risks; (ii) furnishes a certificate of Permission to Self -Insure issued by the Department of Industrial Relations; and (iii) furnishes updated certificates of Permission to Self -Insure periodically to evidence continuous self-insurance.
13.02.A.2 Comprehensive General Liability and Automobile Liability Policies. Contractor shall maintain comprehensive general liability insurance and automotive liability insurance with each policy having limits of not less than Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) annual aggregate covering all claims and all legal liability for personal injury, bodily injury, death, and property damage, including the loss of use t hereof, arising out of, or occasioned in any way by, directly or indirectly, Contractor’s performance of, or its failure to perform, services under this Agreement.
The insurance required by this subsection shall include:
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(i) Premises Operations (including use of owned and non-owned equipment);
(ii) Products and Completed Operations (including protection against liability resulting from use of Recyclable Materials by another Person);
(iii) Personal Injury Liability with employment exclusion deleted; (iv) Broad Form Blanket Contractual with no exclusions for bodily injury, personal injury or property damage (including coverage for the indemnity obligations contained herein);
(v) Owned, Non-Owned, and Hired Motor Vehicles;
(vi) Broad Form Property Damage.
The comprehensive general liability insurance shall be written on an “occurrence” basis (rather than a “claims made” basis) in a form at least as broad as the most current version of the Insurance Service Office commercial general liability occurrence poli cy form (CG0001). If occurrence coverage is not obtainable, Contractor shall arrange for “tail coverage” on a “claims made” policy to protect City from claims filed within four years after the expiration or termination of this Agreement relating to incide nts that occurred prior to such expiration or termination. Any excess or umbrella policies shall be on a “following form” basis.
13.02.A.3 Pollution Liability. Contractor shall maintain pollution liability insurance to include onsite, under -site and offsite coverage for bodily injury (including death and mental anguish), property damage, regulatory fines, defense costs and cleanup costs with minimum limits of with limits of Five Million Dollars ($5,000,000) each loss and Ten Million Dollars ($10,000,000) in the aggregate covering claims as a result of pollution conditions arising out of its operations under this Agreement. Non-owned Disposal site coverage shall be provided if Contractor is handling, storing or generating Item: 14
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Hazardous Waste or hazardous materials or any material or substance otherwise regulated under environmental laws or regulations.
13.02.A.4 Physical Damage. Contractor shall maintain comprehensive (fire and theft) physical damage insurance covering the vehicles and equipment used in providing service to City under this Agreement, with a deductible or self-insured retention not greater than One Hundred Thousand Dollars ($100,000). The deductible limit may be increased by City with acceptable proof of self -insurance. Notwithstanding the foregoing, Contractor shall be allowed to se lf-insure for physical damage to its vehicles provided Contractor provides adequate audited financial information to City and City is reasonably satisfied that Contractor has the financial net worth to cover any losses.
13.02.B Acceptability of Insurer s. The insurance policies required by this section shall be issued by an insurance company or companies admitted to do business in the State of California, subject to the jurisdiction of the California Insurance Commissioner, and with a rating in the most r ecent edition of Best’s Insurance Reports of size category VIII or larger and a rating classification of A or better.
13.02.C Required Endorsements. Without limiting the gener ality of Sections 13 .02.A and B, the Worker’s Compensation, General Liability, Automobile Liability, and Pollution Liability policies shall contain endorsements making the City and its Indemnified Parties including but not limited to elected or appointed officers, officials, employees, and agents and volunteers an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor including mater ials, parts or equipment furnished in connection with such work or operations. General liability Item: 14
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coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Endorsement shall also be obtained that state that for any claims related to this Agreement, the Contractor’s insurance coverage shall be primary and non- contributory insurance coverage at least as broad as ISO CG 20 01 with respect to the City, its officers, officials, employees, agents, and volunteers, and that any insurance or programs of self-insurance (including participation in risk pools) maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.
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13.02.D Delivery of Proof of Coverage. No later than ten (10) calendar days after execution of this Agreement by both parties, Contractor shall furnish City one or more certificates of insurance and required endorsements substantiating that each of the coverages and endorsements required hereunder are in force, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall be accompanied by all required endorsements. If City requests, copies of each policy, together with all endorsements, shall also be promptly delivered to City in one complete package.
Contractor shall furnish renewal certificates to City to demonstrate maintenance of the required coverages throughout the Term. Each year on or before the renewal date for all insurance policies required herein, Contractor shall deliver to City a new pack age containing all insurance certificates with all of the required endorsements and copies of all insurance policies required by this Agreement.
The Contractor shall obtain the written consent of the City prior to changing insurers providing insurance under this Agreement, which consent shall not be withheld or delayed unreasonably.
13.02.E Other Insurance Requirements.
1. Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision Item: 14
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applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
2. If the contractor maintains broader coverage and/or higher limits than the minimums limits required above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense ex penses within the retention. The policy language for all policies shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. City is not responsible for payment of premiums for or deductibles under any required insurance coverages.
4. In the event performance of any service is delegated to a subcontractor, Contractor shall require such subcontractor to provide statutory workers’ compensation insurance and employer’s liability insurance for all of the subcontractor’s employees engaged in the work. The liability insurance required by Subsection 13.02.A.2 shall cover all subcontractors or the subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 13.02.
5. Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Contractor from any obligation Item: 14
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under this Agreement, including those imposed by Section 13 .01. If any claim is made by any third Person against Contractor or any subcontractor on account of any occurrence related to this Agreement, Contractor shall promptly report the facts in writing to the insurance carrier and to the City.
6. If Contractor fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Contractor’s expense, such insurance as it may deem proper and deduct the cost thereof from any monies due Contractor. Alternatively, the City may treat the failure as a Contractor Default , and not subject to any applicable cure period.
7. The Parties acknowledge that the market for insurance is subject to unforeseeable events which can affect the amount of coverage needed and pricing therefor. Accordingly, in the event the City determines that the services under this Agreement create an increased or decreased risk of loss to the City, Contractor agrees that the minimum limits of the insurance policies required by this Section may be changed accordingly upon receipt o f written notice from the City ; provided that Contractor shall have the right to appeal a determination of increased coverage to the City Council of City within ten (10) days of receipt of notice from the City.
13.03 Faithful Performance Bond. Not later than ten days after execution of this Agreement by both parties, Contractor shall file with City a bond securing the Contractor’s faithful performance of its obligations under this Agreement. The principal sum of the bond shall be Two Million Dollars ($2,000,000). The form of the bond shall be as set out in Attachment L. The bond shall be executed as surety by a corporation admitted to issue Item: 14
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surety bonds in the State of California, regulated by the California Insurance Commissioner and with a financial condition and record of service satisfactory to City.
The term of the bond shall be not less than twelve (12) months. The bond shall be extended, or replaced by a new bond in the same principal sum and maintained in duration without lapse for the term of the Agreement . Not less than ninety (90) days before any expiration of the bond, the Contractor shall furnish either a replacement bond or a continuation certificate substantially in the form attached as Attachment M, executed by the surety.
It is the intention of this Section 13 that there be in full force and effect at all times a bond securing the Contractor’s faithful performance of the Agreement, throughout its Term.
13.04 Alternative Security. City may, in its sole discretion, allow Contractor to provide alternative security in the amount set forth in Section 13 .03, in the form of (a) a prepaid irrevocable standby letter of credit in form and substance satisfactory to City and approved by the City Attorney and issued by a financial institution acceptable to City, or (b) a certificate of deposit in the name of the City with a term satisfactory to City and with a financial institution acceptable to City.
13.05 Hazardous Waste Indemnification.
A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present Item: 14
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officers, council members, employees, consultants and agents (hereinafter “Indemnified Parties”) harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys’ fee s, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature (“Claims”) (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup cos ts, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that:
1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Waste (as defined herein); or
2. Relates to material collected, transported, recycled, Composted, processed, treated or disposed of by Contractor.
B. Contractor’s obligations pursuant to this section shall apply, without limitation, to:
1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6901 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Item: 14
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Waste Control Laws (California Health & Safety Code Sections 25100 et seq.), the California Porter-Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision;
2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Contractor of any facility;
3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, Disposal, processing or use of any materials recovered by Contractor;
4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement.
C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Contractor or any Affiliate of Contractor.
D. For purposes of this Agreement, the term “Hazardous Waste ” includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Se ctions 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health & Safety Item: 14
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Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a "hazardous substance" under Section 25316 of the California Health & Safety Code, Division 20, Chapter 6.8 (Hazardous Substance Account Act); (iv) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 25501(p), (q), and (r) and 25501.1 of the California Health & Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v) defined as a "hazardous substance" under Section 25281 of the California Health & Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) "used oil" as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Chapter 11 of Division 4.5 of Title 22 of t he California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9 601, et seq. (42 U.S.C. § 9601); (xiii) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 5101, et seq.; (xiv) defined as such or regulated by any "Superfund" or "Superlien" law ; (xv) any asbestos or asbestos - containing material; (xvi) any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health Item: 14
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& Safety Code Section 25249.8; or, (xvii) any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/ or pipelines, as now, or at any time hereafter, in effect.
The term “Hazardous Waste” shall also include any and all amendments to the above - referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over Hazardous Waste, the term “Hazardous Waste” shall be construed to have the broader, more encompassing definition.
E. The provisions of this section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement.
13.06 Integrated Waste Management Act Indemnification. The parties agree that Contractor’s implementation of all programs in Attachment B is vital to the City’s compliance with the Act and with SB 1383. Therefore, to the fullest extent permitted by law, Contractor agrees to indemnify and hold harmless the Indemnified Parties against all fines and/or penalties imposed by CalRecycle and/or the Air Resources Board: (i) based upon Contractor’s failure to comply with laws, regulations or permits issued or enfor ced by CalRecycle, the Air Resources Board or the City; and/or (ii) caused or contributed to by the Contractor’s failure to perform its obligations under this Agreement, including, but not limited to, implementation of all Diversion programs and other programs in Attachment B in the timeframes required. This indemnity obligation is subject to the limitations and Item: 14
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conditions in Public Resources Code Section 40059.1, but is enforceable to the maximum extent allowable by that Section. In the event that CalRecycle and/or the Air Resources Board imposes penalties, fees and/or sanctions against City, Contractor shall, in addition to paying the fines and penalties, pay all City’s costs and fees for staff time, consultants, attorneys and all other costs of defending and resolving the issue of CalRecycle and/or the Air Resources Board issuing fines, penalties and/or sanctions against City.
13.07 Intellectual Property Indemnification. Contractor agrees to indemnify, hold harmless and defend the Indemnified Parties against any and all liability, including costs, for infringement of any United States’ letters patent, trademark or copyright infringement.
13.08 Indemnification For Land Application and/or Use(s) of Anaerobic Digestate.
In the event City agrees to approve land application of Anaerobic Digestate pursuant to Section 7.04 and/or if Contractor land applies Anaerobic Digestate without City approval, and/or if Contractor sells, donates or otherwise consents to use of Anaerobic Digestate for any purpose, Contractor agrees to indemnify City as follows:
A. Without regard to any insurance coverage or requirements, and without limiting the general indemnification obligation or the Hazardous Waste Indemnification contained in this Article 11 in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter “Indemnified Parties”) harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, administrative orders, attorneys’ Item: 14
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fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature (“Claims”) (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that:
1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Anaerobic Dige state (as defined in Attachment A) or any constituent, compound, chemical or component contained in Anaerobic Digestate, including any condition caused by land application of Anaerobic Digestate.
B. Contractor’s obligations pursuant to this Section 13.08 shall apply in addition to all other indemnification obligations set forth in this Agreement, and shall apply irrespective of the negligence or willful misconduct of Contractor or any Affiliate or subcontractor of Contractor, and irrespective of any alleged negligent ac t or omission of an Indemnified Party. Contractor’s obligations pursuant to this Section 13.08 shall not terminate or expire, shall be given the broadest possible interpretation, and shall survive the expiration or earlier termination of this Agreement.
13.09 Notice of Claim. City agrees to provide timely notice to Contractor when the City receives a claim(s) for damages or other liability for which Contractor has provided indemnification pursuant to this Agreement. Contractor shall give City prompt and timely Item: 14
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notice of claim(s) made or suit instituted arising out of or resulting from Contractor’s performance under this Agreement.
Item: 14
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ARTICLE 14: COMPENSATION TO CONTRACTOR
14.01 General. Contractor shall perform the services required by this Agreement in consideration for: (i) the right to charge customers the maximum rates set forth on Attachment D as they may be adjusted as provided in this Article, and (ii) the right to retain all revenues, if any, from the sale of Recyclable Materials, Yard Trimmings, Food Scraps, Compost, Wood (including revenue from creation, sale and use of energy) and Construction and Demolition Debris. The revenues received from these sources shall be the full, entire and complete compensation due to Contractor for all labor, equipment, materials and suppli es, taxes, insurance, bonds, overhead, profit and all other things necessary to perform all the services required by this Agreement in the manner and at the times prescribed. City shall not be obligated to make any payments to Contractor under this Agreement, including, but not limited to, payments to compensate Contractor for delinquent or uncollectible amounts charged to Customers.
14.02 Applicable Rate Schedule. As part of the RFP process, Contractor proposed the following sets of rates:
Attachment D-1. Joint Rate Schedule for City and the City of _________ Reflecting Economies of Scale for Operating in Both Cities. (Rates in Attachment D-1 are referred to as the “Initial Base Joint Rates”).
Attachment D-2. Stand-Alone Base Rate for the City of Lake Forest Reflecting Operations Solely in Lake Forest With No Cross-Jurisdictional Economies of Scale.
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Attachment D-3. Stand-Alone Initial Base Rate for the City of Laguna Hills Reflecting Operations Solely in Lake Forest With No Cross-Jurisdictional Economies of Scale
[NOTE: The applicable Attachment (D-2 or D-3) will be included in each City’s contract]
The maximum rates which Contractor may charge for services provided commencing July 1, 2025 shall be those set forth in Attachment D -1. These are the “Applicable Maximum Rates”. Pursuant to the terms of the MOU, the City of _______ may decide to terminate its Agreement with Contractor. In such event, City will receive a minimum of one-hundred eighty (180) days notice from the City of _________ (unless an emergency situation occurs) and City shall notify Contractor that City will switch to the rates in Attachment D- ___. In that event, Contractor and City shall calculate any adjustments to the rates in Attachment D -____ to account for the passage of time since the commencement of operations under the Agreement (as applicable) and to account for any new or changed City costs. Adjustments to the rates in Attachment D -____ to account for annual adjustments described in Section 14.0 4 shall be made using the methodology in Attachment J and changes to City costs shall be made using the methodology in Attachment W.
Contractor shall assist City with issuing all required notices to Customers regarding the change to the new rates as further described in Section 14.04.
14.03 Applicable Maximum Rates. Rates are established to encourage Customers to Divert the largest quantity possible of Recyclable Materials, Food Scraps and Yard Item: 14
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Trimmings in order to reduce their monthly collection bill, by providing an incentive of fifty- percent (50%) for Diversion of Recyclable Materials, Yard Trimmings and Food Scraps compared with the rate for Disposing of such materials as MSW.
In the event Contractor is found to be charging any rate that is not listed in the Applicable Maximum Rates in Attachment D then in effect , Contractor shall, upon realization of this fact or upon receipt of notification from City, refund all such charges to all affected Customers within thirty (30) days. In the event Contractor has charged a higher rate than the Applicable Maximum Rate listed in Attachment D, as may be increased under the various provisions of this Agreement, then the difference between the rate charged and the then-Applicable Maximum Rate shall be refunded. In the event Contractor has charged a lower rate than the Applicable Maximum Rate listed in Attachment D, Contractor shall not charge the Customer for the difference between the rate charged and the Applicable Maximum Rate; however, Contractor shall notify the Customer and give the Customer the option to continue to receive the service at th e Applicable Maximum Rate listed in Attachment D, or to arrange for a different servi ce or level of service. In such event, Contractor shall assist the Customer in selecting the most cost-effective service level and the corresponding Applicable Maximum Rate available in Attachment D. Upon City request, Contractor shall provide City with a summary of any and all instances of rates greater than the Applicable Maximum Rates listed in Attachment D being charged, and the refunds or other adjustments made for Customers.
14.04 Annual Rate Adjustments. The Applicable Maximum Rates for services set forth in Attachment D shall be adjusted annually, to be effective July 1, 2026 and the July 1 for each ensuing year of the Term (including any extensions pursuant to Section 3.03 and Item: 14
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Section 10.01) in accordance with Attachment J . If Contractor bills Customers on a monthly basis, thirty days (30) prior to each annual automatic adjustment, Contractor shall provide written notice of the change in the Maximum Rates to Customers by printing the amount (percentage) of the rate adjustment on the Customer’s bill ( including both electronic and hard copy bills). Said notice shall include language stating that the Agreement between the City and Contractor provides for this annual adjustment. If Contractor bills Customers on a monthly basis, Contractor shall submit the language to be included on the Customer’s bill (including both electronic and hard copy bills) for City’s approval sixty (60) days prior to each annual automatic adjustment.
If Contractor bills Customers on a quarterly basis, ninety days (90) prior to each annual adjustment, Contractor shall provide written notice of the change in the Applicable Maximum Rates to Customers by printing the amount (percentage) of the rate adjustment on the Customer’s bill (including both electronic and hard copy bills). Said notice shall include language stating that the Agreement between the City and Contractor provides for this annual adjustment.
The parties recognize that rates established under this Contract may be challenged as fees or charges for property -related services pursuant to California Constitution Article XIIID. The City intends to follow the requirements of that Article when adjusting rates, including, but not limited to, those rates set forth in Attachment D in an abundance of caution and without conceding its applicability . If a proposed rate adjustment may not be enacted as a result of a majority protest pursuant to Article XIIID, Section 6, or if rates in effect are reduced as a result of an initiative measure authorized by Article XIII.C , Section 3, the City's inability to increase or maintain the rates as Item: 14
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contemplated shall not constitute a breach of this Agreement. The parties shall promptly meet to discuss and determine how best to respond to such an occurrence.
14.05 Disposal Charge (Tip Fee) Adjustments. If the tip fee charged at Orange County Landfills (or whatever City designated Disposal Site is then in use) is changed (increased or decreased) for whatever reason including, but not limited to, new or increased taxes or regulatory fees, the Disposal port ion of the maximum rates set forth in Attachment D shall be adjusted according to the provisions in Attachment J. Disposal Charges are a pass-through cost and Contractor shall not be entitled to receive or char ge any profit, markup, overhead or administrative costs on Disposal Charges
14.06 Pavement Impact Costs. Operations conducted pursuant to this Agreement cause increased wear and tear on City streets in excess of such impacts for routine use of the streets due to the weight of the Collection vehicles, the idling time on route, and the numerous passes made by m ultiple trucks on streets on Collection days. Said operations accelerates the deterioration of streets and the need for City to repave and otherwise maintain said streets. City has conducted an engineering study and has calculated the increased costs due to operations under this Agreement. Contractor shall pay to City the Pavement Impact Costs in an annual amount of $XXXXX. One-twelfth of the Pavement Impact Costs shall be paid to City monthly beginning July 2025. Payments shall be made within thirty (30) days of the end of the calendar month.
The amount of the Pavement Impact Costs shall be adjusted annually commencing July 1, 2026 using the methodology described in Attachment W and the new amount will be included in the annual rate adjustment described in Section 14.0 4 and Attachment J.
If any City Pavement Impact Cost payment is not made by Contractor within thirty (30) Item: 14
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days after the above -stated due date, and in addition to any other remedy provided by law, Contactor shall pay to City a penalty in an amount equal to ten percent (10%) per month, or portion thereof, of the amount owing until paid.
14.07 Regulatory Compliance Costs. In order to offset the City’s costs in administering this Agreement in order to meet state-mandated requirements for Diversion and program implementation including, but not limited to, planning, monitoring and implementation of additional Diversion programs, additional public education on Diversion programs , technical consulting assistance on solid waste, recycling and other related issues, preparation of any studies required by the City or by CalRecycle related to complia nce with the Act, preparation of required reports, documentation as well as creation and maintenance of the Implementation Record required by the Act and by SB 1383 , monitoring of Contractor’s performance under this Agreement, and any other City costs related to compliance with the Act, Contractor shall make an annual payment to City in the amount of XXX Dollars. Commencing July 2025, Contractor shall remit one -twelfth of this amount to City on a monthly basis within thirty (30) days of the end of the calendar month for which the amount is being paid. The City may adjust the City Regulatory Compliance Costs on an annual basis (or less frequently) as needed to reflect actual costs, and in such event, the new amount will be included in the annual rate adjustment described in Section 14.03 and Attachments J and W.
If any City Regulatory Compliance Cost payment is not made by Contractor within thirty (30) days after the above -stated due date, and in addition to any other remedy Item: 14
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provided by law, Contactor shall pay to City a penalty in an amount equal to ten percent (10%) per month, or portion thereof, of the amount owing until paid.
14.08 Procurement Compliance Costs. SB 1383 requires the City to purchase a specific quantity of products produced from the Diversion of Food Scraps and Yard Trimmings. The City must procure a minimum of [LF 6,763 tons/LH 2,486 tons] of Compost and/or mulch annually to comply with this requirement. Contractor shall pay to City a total of ______________$_________ per year for Compost/Mulch Procurement Costs. Commencing July 2025, Contractor shall remit one -twelfth of this amount to City on a monthly basis within thirty (30) days of the end of the calendar month for which the amount is being paid. The City may adjust the Procurement Compliance Costs on an annual basis (or less frequently) as needed to reflect actual costs, and in such event, the new amount will be included in the annual rate adjustment described in Section 14.0 4 and Attachments J and W.
If any City Procurement Compliance Cost payment is not made by Contractor within thirty (30) days after the above-stated due date, and in addition to any other remedy provided by law, Contactor shall pay to City a penalty in an amount equal to ten percent (10%) per month, or portion thereof, of the amount owing until paid.
14.09 Adjustments to Rates in Attachment D Based on City-Directed Changes In Scope of Work. If the City has directed a change in the scope of work under Section
5.12, and either party believes that such change will increase or decrease the costs of providing service, the party which believes the maximum rates listed in Attachment D should be adjusted shall, within thirty (30) calendar days a fter issuance of the notice of scope change, submit to the other part y a proposed adjustment to the Applicable Item: 14
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Maximum Rates in Attachment D with complete supporting documentation of the cost calculations therein, and the parties shall thereafter meet and discuss the matter. City may request additional documentation, calculations and other information from Contractor in order to analyze inform ation submitted by Contractor, or in order to make its own internal calculations of the cost change. Once the parties have formulated a cost adjustment, the City Council shall review the proposed adjustment and in the City Council's sole discretion, make the determination as to the appropriate amount of the adjustment. Only changes in Contractor’s costs will be considered. No adjustment will be made to Contractor’s compensation due to loss or reduction in any of the following: (a) Contractor’s profits, and/or (b) decrease in Contractor’s revenues at a Contractor-owned and/or Contractor-operated Processing Facility, including, but not limited to, Processing Fees, revenues from sale of Recyclable Materials, Compost, Wood, and/or Processed Construction and Demolition Debris.
In the event the City-directed change of scope results in an increase in rates, the procedures in Section 14.04 for compliance with California Constitution Article XIIID shall be followed.
NOTE: The work to be performed by Contractor, including the scope of work in Attachment B, includes optional tasks and programs that City, in its sole discretion, may choose to implement during the Term (e.g. City-wide use of Bin Sensors described in Section 8.04.G). Contractor’s proposal to City included costs for said optional tasks and programs (see maximum rates in Attachment D) to be charged to Customers for all of the optional tasks and programs in Attachment B. If City chooses to implement any of those program(s), the provisions of Section 5.12 and this Section 14.09 shall not apply. Instead, Item: 14
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the maximum rate(s) for said program(s) shall be adjusted for the passage of time since the commencement of Collection operations pursuant to this Agreement, as described in Attachment J. The revenue from such rates, plus the revenue from sale of any Recyclable Materials, Diverted materials and any other products produced from materials Collected in City shall constitute the full and complete compensation to Contractor for implementing such program(s).
14.10 Adjustments to Rates in Attachment D-1 Due to Loss of Cross-Jurisdictional Efficiencies. The rates set forth in Attachment D-1 are based upon Contractor providing Collection, Diversion, Disposal and other services to City and to the neighboring City of ___________which results in certain operational and other cost-saving efficiencies that are reflected in said rates. In the unlikely event that the neighboring City of __________ terminates its agreement with Contractor during the Term, the Applicable Maximum Rates shall be adjusted to be the rates in Attachment [D-2 LF stand alone rates/D-3 LH stand- alone rates], as may be adjusted for the passage of time under the terms of Attachments J and W. The adjustment method in Attachments J and W shall be used to calculate and apply the annual adjustment for each year of the Agreement since the commencement of Collection operations. These rates shall become effective on the date that the termination by neighboring City of __________ of its collection services with Contractor becomes effective. If required by City, Contractor shall prepare and issue all required notices to Customers regarding the change to the Applicable Maximum Rates as further described in Section 14.04.
14.11 Other Fees. The City shall have the right to establish other fees and to collect such fees from Contractor, as City deems necessary in City’s sole discretion, and nothing Item: 14
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in this Agreement shall be deemed to limit the City’s police/regulatory powers with respect to establishment of new regulations for the collection or disposal of waste or prevention of nuisances in the manner provided for by law. The amount, time and method of payment will be established similar to that described in Section 14.07. City shall provide Contractor with written notice of the establishment of any new fees along with the corresponding change in the maximum rates in Attachment D and the remittance schedule.
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ARTICLE 15: DEFAULT AND REMEDIES
15.01 Events of Default. Each of the following shall constitute an event of default (“Contractor Default”) hereunder:
A. (i) Contractor fails to perform its obligations under Articles 5, 6, 7 or 8 of this Agreement and the failure to perform is not cured within two (2) business days after receiving notice from the City specifying the breach; or (ii) in the case of any other breach of this Agreement, the breach continues for more than fifteen (15) calendar days after written notice from the City for the correction thereof.
B. There is a seizure or attachment of, or levy affecting possession of, the operating equipment of Contractor, including without limitation, its vehicles, maintenance or office facilities, of such proportion as to substantially impair Contractor’s ability to perform under this Agreement, and which is not released, bonded or otherwise lifted within two (2) business days.
C. There is any termination or suspension from any cause (including labor unrest such as strike, work stoppage or slowdown, sickout, picketing, or other concerted job action) of the Contractor’s ability to collect MSW, Recyclable Materials, Yard Trimmings, Food Scraps or Construction and Demolition Debris.
D. Contractor files a voluntary case for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or consents to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar official) of Contractor for any part of Item: 14
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Contractor’s operating assets or any substantial part of Contractor’s operating assets or any substantial part of Contractor’s property used to provide service to City pursuant to this Agreement, or makes any general assignment for the benefit of Contractor’s creditors, or fails generally to pay Contractor’s d ebts as they become due or takes any action in furtherance of any of the foregoing.
E. A court having jurisdiction enters a decree or order for relief in respect of the Agreement, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or Contractor consents to or fails to oppose any such proceeding, and such proceeding remains undismissed or unstayed for a period of ninety (90) days or any such court enters a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Contractor or for any part of the Contractor’s operating equipment or assets, or orders the winding up or liquidation of the affairs of the Contractor.
F. Contractor fails to timely furnish an initial bond, or fails to furnish a replacement bond or a continuation certificate of the existing bond prior to expiration of the performance bond, as required by Section 13.03 of the Agreement, or fails to maintain in force any substitute security authorized by the City in lieu of performance bond at all times this Agreement is in effect, or Contractor fails to maintain all required insurance coverages in force at all times . The default shall occur immediately upon s uch failure without any necessity for notice from City of the breach. City shall have the right to give notice of termination under Section 15 .02 immediately upon such default.
Notwithstanding any other provision of this Agreement to the contrary, Contractor shall Item: 14
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not be entitled to an opportunity to cure any default comprising the failure to maintain all required insurance and/or the required bond.
G. Contractor fails to provide reasonable assurance of performance required under Section 16.10.
H. A representation or warranty contained in Article 2 proves to be false or misleading in a material respect as of the date such representation or warranty was made.
I. Contractor engages in, or is ostensibly engaging in any fraud or deceit upon City or makes a misrepresentation regarding information provided to City including, but not limited to, falsifying tonnage reports , reports of the results of characterization audits, Contamination audits, Customer Diversion program participation data, Contamination percentages, reports of Diverted Tons, reported implementation (or steps toward implementation) of Diversion programs required by this Agreement or provides information that is materially misleading in any report or documentation provided to the City.
J. Contractor fails to honor or perform any of its indemnity or defense obligations as specified in this Agreement.
K. Contractor, or any of its officers , directors or employees is found guilty of any crime related to the performance of this Agreement, or of any crime related to anti-trust activities, illegal transport or Disposal of Hazardous Waste or toxic materials, or bribery of public officials. The term “found guilty” shall be deemed to include any judicial Item: 14
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determination that Contractor, or any of Contra ctor’s officers, directors or employees is guilty as well as any admission of guilt by Contractor or any of Contractor’s officers, directors or employees including, but not limited to, the plea of “guilty”, “ nolo contender”, “no contest” and “guilty to a lesser charge”.
L. Contractor is found to have violated the Act, any Environmental Law, or any permit, order or rule of any regulatory agency in connection with Contractor’s performance of this Agreement and such finding has become final and not subject to further appeal.
M. Contractor empties Containers of properly set out Recyclable Materials or Food Scraps/Yard Trimmings that contain less than twenty -five percent (25%) Contamination into a load of MSW, or transports Recyclable Materials and/or Food Scraps/Yard Trimmings to a Disposal site or other location at which the materials will not be Diverted.
N. Contractor fails to complete the annual brake inspection of each Collection vehicle and to submit Notice of Certification to City no later than May 1 of each year of the Term, as described in Section 8.03.G.
O. The issuance of four (4) or more vehicle, driver/operator or other citations for moving violations (including, but not limited to, exceeding the speed limit, unsafe speed, unsafe driving, reckless driving, running a red light, and unsafe turns) that relate in any way to operations performed pursuant to this Agreement within a twelve (12) month period.
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P. Failure of Contractor to adhere to, perform, implement and complete all parts of the Implementation Plan described in Section 5.03 and Attachment C.
Q. Any act or omission by Contractor relative to services to be provided pursuant to this Agreement which violates the terms, conditions or requirements of this Agreement, or the Act, or any law or statute, ordinance, order, directive, rule or regulation issued pursuant to the Act. Any failure to correct or remedy any such violation within the time set in the written notice of violation or, if Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice or in the event Contractor fails to commence to correct or remedy such violation within the time set forth in such notice and fails to diligently effect such correction or remedy thereafter.
15.02 Right to Suspend or Terminate Upon Default.
A. Upon any Contractor Default, City shall have the right to suspend or terminate this Agreement, in whole or in part. Such suspension or termination shall be effective thirty (30) days after City has given notice of suspension or termination to Contractor, except that such notice may be effective immediately if the Contractor Default is one which endangers the health, welfare or safety of the public. Notice may be given orally in person or by telephone to the representative of Contractor designated in or under Section 16.06 (or, if he/she is unavailable, to a responsible employee of Contractor) and shall be effective immediately. Written confirmation of such oral notice of suspension or termination shall be sent by personal delivery, electronic mail, facsimile, or other expedited means of delivery to Contractor within twenty -four (24) hours of the oral Item: 14
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notification. Contractor shall continue to perform the portion of the Agreement not suspended, in full conformity with its terms.
B. City will also have the right to suspend or terminate this Agreement, upon the same notice provisions, if Contractor’s ability to perform is prevented or materially interfered with by a cause which excuses nonperformance under Section
16.12, despite the fact that nonperformance in such a case is neither a breach nor default by Contractor.
C. Upon issuance of a notice of termination or suspension of the Agreement to Contractor, City shall simultaneously notify the City of __________ in writing of the issuance of said notice at the following address: [Insert name and address of City Manager for LF or LH here].
15.03 Specific Performance. By virtue of the nature of this Agreement, the urgency of timely, continuous and high -quality service, the lead time required to effect alternative service, and the rights granted by City to Contractor, the remedy of damages for a breach hereof by Contractor is inadequate, and the City shall be e ntitled to injunctive relief to require Contractor to perform its obligations herein.
15.04 Use of Contractor Property Upon Default . In the event that Contractor fails to perform any of i ts obligations under Articles 5, 6, 7 or 8 and fails to perform such work within two (2) business days after notice from City, City shall have the right to use any of Contractor’s land, equipment, facilities and other property reasonably necessary for the provision of services hereunder and the bi lling and collection of fees for those services.
The City shall have the right to continue use of such property until other suitable Item: 14
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arrangements can be made for the provision of such services, which may include the award of a contract to another service provider.
15.05 Right to Perform. If this Agreement is suspended and/or terminated due to a Contractor Default, City shall have the right to perform and complete, by contract or otherwise, the work herein or such part thereof as it may deem necessary and to procure labor, equipment, and materials and incur all other expenses necessary for completion of the work and services provided for herein. If such expenses exceed the amounts which would have been payable to Contractor under this Agreement (by and through rates and customer payments for services rendered by Contractor) if such services had been fully performed by Contractor, then Contractor shall pay the amount of such excess to City.
15.06 Payment for Use of Contractor’s Property. If the City invokes its rights to use Contractor’s land, equipment, facilities, and other property pursuant to Section 15.04, and such use continues after the period of time for which Contractor has already been compensated, Contractor shall be entitled to the reasonable rental value of such property, which shall be offset against the damages due the City as a result of Contractor’s Default.
Contractor agrees that it will fully cooperate with the City to eff ect the City’s use of such property. The City may immediately engage all or any personnel necessary for the provision of services, including, if the City so desires, employees previously employed by Contractor. Contractor further agrees, if the City so requests, to assist the City in securing the services of any or all management or office personnel employed by Contractor whose skills are reasonably necessary for the continuation of services. The City agrees that it assumes complete responsibility for th e proper, normal use of such equipment and facilities while in its possession. Contractor agrees that the City’s exercise of its rights Item: 14
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under this section: (i) does not constitute a taking of private property for which compensation must be paid; (ii) will not create any liability on the part of the City to Contractor other than the payment of reasonable rental value as provided for in thi s subsection; and (iii) does not exempt Contractor from the in demnity provisions of Article 13 which are meant to extend to circumstances arising under this Section.
15.07 Damages. Contractor shall be liable to City for all direct and consequential damages arising out of Contractor’s Default. This section is intended to be declarative of existing California law. The City may offset such damages against any sums which would otherwise be due to Contractor.
15.08 City’s Remedies Cumulative. City’s rights to suspend or terminate the Agreement under Section 15.02, to obtain specific performance under Section 15.03, to cure under Section 15.04 and to perform under Section 15.05 are not exclusive, and City’s exercise of one such right shall not constitute an election of remedies. Instead, they shall be in addition to any and all other legal and equitable rights and remedies that the City may have, including a legal action for damages, including incidental, consequential and/or special damages under Section 15.07.
15.09 Liquidated Damages. The parties acknowledge that consistent, courteous and efficient Collection of MSW, Recyclable Materials, Yard Trimmings and Construction and Demolition Debris is of utmost importance and City has considered and relied on Contractor’s representations as to its quality of service commitment in entering into this Agreement. The parties further recognize that quantified standards of performance are necessary and appropriate to ensure consistent and reliable service. The parties further recognize that if Contractor fails to achieve the performance standards, City and its Item: 14
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residents will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of damages that City will suffer. Therefore, the parties agree that the following liquidated damage amounts represen t a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and anticipation tha t proof of actual damages would be costly or inconvenient. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with lega l counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made.
Contractor Initial Here: ______ City Initial Here: _____ Contractor agrees to pay to City (as liquidated damages and not as a penalty) the amount set forth below, all of which shall be adjusted upward annually using the procedure and calculations set forth in Section 14.03 of the Agreement and Attachment J. Where liquidated damages apply after a specified number of Contractor’s failures to comply within a one (1) year period , the one (1) year or annual period shall mean the preceding twelve (12) months including the month in which the most recent failure occurred.
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A. Collection Reliability
1 For each failure to commence service to a new Customer account within seven calendar (7) days after order, for basic level of service including MSW, Recyclable Materials, and co - collected Food Scraps/Yard Trimmings in excess of five (5) such failures annually on or after July 1, 2025
$150.00
2 For each failure to collect a Container containing MSW, Recyclable Materials, Food Scraps/ Yard Trimmings from a Single Family Dwelling Premises which has been properly set out for Collection, from an established Customer, on the scheduled Collection day, including regular and Saturday service, in excess of two -hundred fifty (250) such failures annually.
$100.00 per
Container
3 For each failure to collect MSW, Recyclable Materials, Food Scraps/Yard Trimmings which has been properly set out for Collection, from the same Customer on two (2) consecutive scheduled Collection days.
$150.00
4 For each instance of collecting MSW, Recyclable Materials, or Food Scraps/ Yard Trimmings outside of Collection hours described in Section 5.09
$150.00
5 Failure to deliver new Carts for MSW, Food Scrap/Yard Trimmings at all Single Family Dwellings by September 30, 2025
$5.00 per Residence
6 Failure to Collect properly containerized, acceptable HHW from a Residential Premises during the scheduled Collection day in excess of 5 occurrences annually
$100 per Residence
per day until
Collected
B. Collection Quality
1 For each occurrence of damage to private property
which is not corrected to the satisfaction of the City
within thirty (30) days of the damage and which
exceed five (5) such occurrences annually
$250.00
2 For each failure to properly return any empty Single Family Dwelling Cart in a location at curb or in alley to avoid pedestrian or vehicular traffic impediments or to place the Cart in an upright position, in excess of twenty (20) such occurrences annually $50.00/occurrence
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3 For each occurrence of discourteous behavior to a Customer: $250.00 4 For each occurrence of excessive noise as defined in Section
5.09.B.
$500.00
5 For each failure to properly tarp a Roll Off Box during transportation of the Box.
$100 per incident
6 For each failure to clean up MSW, Recyclable Materials, Food Scraps/Yard Trimmings , Stable Bedding/Manure. Wood or
other materials blown, scattered or dropped from Carts or Bins, within the prescribed timeframe in Section 5.10.A, in excess of five (5) such failures annually.
$150.00
7 For each failure to conform to the requirements of Sections
8.03.E.2, Cleaning; 8.03.E.3, Painting; 8.03.E.4, Maintenance;
8.03.G, Brake Inspections; 8.03.K, Operation; 8.04.E, Cleaning, Painting and 8.05.C, Uniforms, which exceed in any or a combination of categories in excess of five (5) such occurrences annually
$150.00
8 Failure to display Contractor’s name and Customer service telephone number on each Collection vehicle
$100 per incident
per day
9 Emptying a Cart or other Container containing Recyclable Materials, Yard Trimmings, Food Scraps, Combined Yard
Trimmings/Food Scraps or Stable Bedding/Manure into an
MSW Collection vehicle; emptying a Cart or other Container containing MSW into a Recyclabl e Materials , Stable
Bedding/Manure or Food Scrap/Yard Trimmings Collection
vehicle; emptying a Cart or other Container containing Yard Trimmings/Food Scraps or Stable Bedding/Manure into a
Recyclable Materials Collection vehicle; emptying a Cart or other C ontainer containing Stable Bedding/Manure into a Collection vehicle dedicated solely to Collecting Yard Trimmings or Yard Trimmings/Food Scraps. [Note: if a non -dedicated Collection vehicle is Collecting both Yard Trimmings or Yard Trimmings/Food Scraps and also Stable Bedding/Manure, that is permissible and does not constitute a failure.] Note: If any single pass trucks are utilized, each material must be kept separated within the body of the vehicle. Failure to keep the materials separated shall constitute a failure incident.] $1,000 per incident
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10 Disposal of Recyclable Materials, Food Scraps , Stable Bedding/Manure and/or Yard Trimmings in a Disposal Facility except as provided in this Agreement
$1,000 per incident
11 For each Ton of Yard Trimmings used as Alternative Daily Cover
$150 per ton
12 For each failure to provide the City with a minimum of LH 7,700 tons /LF 12,800 tons] per year of guaranteed capacity for processing Recyclable Materials and Single Material
Recyclables at the Clean MRF described in Attachment O. $95 per ton of
processing capacity
not provided
13 For each failure to provide the City with a minimum of [LH 6,000 tons/LF 8,700 tons] per year of guaranteed capacity for processing Co-Collected Food Scraps and Yard Trimmings at the Facilities described in Attachments P and BB. [remove attachment if facility not used for this material]
$95 per ton of
processing capacity
not provided
14 For each failure to provide the City with a minimum of [L H/600 tons/LF 1,600 tons] per year of guaranteed capacity for Processing Source-Separated Food Scraps at the Facilities described in Attachments R and P [remove Attachment if facility not used for this material]
$95 per ton of
processing capacity
not provided
15 For each failure to provide the City with a minimum of [LH 3,900 tons/LF 22,400 tons] per year of guaranteed capacity for processing Construction and Demolition Debris at the Facility described in Attachment Q.
$95 per ton of
processing capacity
not provided
16 For each failure to provide the City with a minimum of [LH 900 tons/none for LF] per year of guaranteed capacity for
processing Stable Bedding/Manure at the Facility described in Attachment BB.
$50 per ton of
processing capacity
not provided
C. Responsiveness to Customer
1 For each failure to initially respond to a Customer complaint within eight (8) working hours:
$100.00
2 For each failure to conform to the litter abatement requirements of Section 5.10.
$250.00
3 Failure of Contractor to maintain an average hold time of ninety (90) seconds or less as required by Section 9.04C.2.
$500 per month that
90-second average
hold time is
exceeded
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4 Contractor’s use of a “robo” or automated voice return call to a Customer instead of a live customer service representative making the promised return call as described in Section
9.04.C.2
$500 per incident in
excess of 5 incidents
within a 12 month
period
5 Failure or neglect to resolve a Customer complaint relating to missed Collection within the time set forth in Section 9.05. $100.00 per incident
per Customer
6 Failure to notify Customers of changes in route days as required in Attachment B, Section 1.
$500.00 per per
occurrence
7 Failure to resolve customer complaint to satisfaction of City within 5 business days
$500.00 per
occurrence
8 Failure to resolve customer complaint such that the Customer calls City to resolve issue.
$100 per customer
call in excess of 5
calls per month
9 For each failure to repair or replace a missing or damaged Cart within 2 business days of request from City or Customer $50 per day
10 For each failure to remove graffiti from Carts, or to replace with Carts bearing no graffiti, within 2 business days of request from City or Customer
$50 per day
11 For each failure to deliver a Roll Off Box to a Customer within forty-eight (48) hours of Customer request.
$200 plus $100 per
day for each
business day the
Box is not delivered
12 Failure to have Contractor drivers in uniform identifying them as employees of Contractor
$100 per incident
D. Timeliness of Submissions to City
1 Any report required to be submitted to City by Contractor pursuant to this Agreement shall be considered late until such time as a correct and complete report is received by City. Monthly, quarterly and annual reports must contain all information required in Attachment K. All other required reports must contain the information specified in this Agreement. For each business day (excluding weekends and the holidays listed in Section 5.08 of the Agreement) a report is late, the daily liquidated damage amount shall be:
1. Monthly report $100.00 per day
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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
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. [for Lake Forest 2 Coordinators] $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 8.03H) on or before July 1, 2025, [Exception for Electric 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/photo -
document
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 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 six- month 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, 2025. $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 six- month 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 photo- documentation, 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)/non - Item: 14
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performance. Contractor may review (and make copies at its own expense) all non - confidential information in the possession of the City relating to incident(s)/non - performance. 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)/non- performance 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 Item: 14
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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 Item: 14
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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 rei ssuance, 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 t he 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 Item: 14
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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 Item: 14
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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 [fill in Addendum Nos.
Item: 14
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here]. The 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 1 5.02, 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 _________
[fill in City address]
with a copy to the ___________ City Attorney at the
same address
If to Contractor: ________________________
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 [fill in name of City] City Council and all actions to be taken by City shall be taken by the City Council except as provided herein. The City Council may delegate, in Item: 14
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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 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 specified personnel Item: 14
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available to accompany City employees 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 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 report s, 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 Item: 14
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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 Item: 14
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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 Item: 14
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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 1 5.04 and 15.06 of this Agreement in the event Contractor is unable to collect and dispose of MSW as required herein and such non - performance 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) calen dar 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 Contra ctor 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 Item: 14
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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 Or ange 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 Item: 14
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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, identifie d as Attachments “A” through “MM” 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 Item: 14
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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 [for LH Chapter 5-32 of the Laguna Hills Municipal Code, for LF Title 16 of the Lake Forest Municipal Code] including the right of City to amend those provisions. Contractor shall comply with all provisions of [Chapter 5-32 for LH/Title 14 for LF] 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 City - approved subcontractor to discriminate, in the provision of services or the employment of Item: 14
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Persons engaged in the performance of this Agreement on account of race, color, religion, sex, age, national origin, ancestry, physical handicap, sexual orientation, marital status or medical condition in violation of any applicable federal, state or local law.
17.16 Guaranty. No later than ten (10) days before the Effective Date of this Agreement, Contractor shall furnish a properly executed Guaranty of its performance under this Agreement, in the form shown on Attachment Z.
IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year first above written.
CONTRACTOR
By:
CITY OF ________________
By:
Mayor
ATTEST:
CITY CLERK
By:
City Clerk
APPROVED AS TO FORM
By:
City Attorney
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List of Contract Attachments
A Definitions
B Detailed Scope of Work for Collection And Diversion Operations C* Implementation Plan
D1-3* D-1* Proposed Rates to be Charged Assuming Cross-jurisdictional Efficiencies between Lake Forest and Laguna Hills
D-2* Proposed Rates to be Charged Assuming No Cross-jurisdictional Efficiencies – City of Lake Forest Rates
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* Electric Vehicle 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* Proposers Plan for Bulky Collection Day
I1-2 Landfill Contracts With County of Orange for Each City J Annual Adjustment of Maximum Rates Contractor May Charge K Reports to be Submitted to City
L Performance Bonds for Each City
M Bond Continuation Certificates for Each City
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* Anaerobic Digestion Facility
S* Bioengineered Feedstock Processing Facility
T1-2 List of City-Sponsored Events for Each City
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 Item: 14
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Y* Contractor’s Complete Proposal To City
Z Guaranty for Each City
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
EE1-2 List of City Facilities for Each City
FF Lake Forest Bus Shelter Locations List
GG* Kitchen Food Scrap Container
HH* Internal Commercial Food Scrap Container
JJ Landscaper Self-Certification Diversion Form
KK*
Proposers 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 Map of Lake Forest Saguaro Ave/Alley Sweeps
NN-1-2 Projected Growth in Each City
OO* Contractor’s Telephone and Customer Service System
*Attachments marked with asterisks indicate proposal forms that will become attachments to the final contract.
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ATTACHMENT A
Definitions
Attachment A Page 1 of 16
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 direc t 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 p ercent (50%)” in Section 318(a)(2)(C) and Section 318(a)(3)(C).
Agreement: “Agreement” means this Agreement between the City and C ontractor 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 t he 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.]
Anaerobic Digestate: “Anaerobic Digestate” or “Digestate” means the material left at the conclusion of a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called Digestate ( 14 CCR section 17896.2(a)(6).) For purposes of this Agreement, Anaerobic Digestate shall be further processed at a permitted Compost Facility or may be land-applied if approved by City. Anaerobic Digestate shall not be Disposed at a landfill or used as ADC at a landfill.
Anaerobic Digestion: “Anaerobic Digestion” or “AD” means a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called Anaerobic Digestate. The decomposition occurs in a four-step process:
hydrolysis, acidogenesis, acetogenesis and methanogenesis to break down organic matter into methane, carbon dioxide, water and Anaerobic Digestate/residuals.
Anaerobic Digestion Facility: “Anaerobic Digestion Facility or “AD Facility” means a facility that uses a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called Anaerobic Digestate. The decomposition occurs in a four -step process: hydrolysis, acidogenesis, acetogenesis and methanogenesis to break down organic matter into methane, carbon dioxide, water and Anaerobic Digestate/residuals.
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ATTACHMENT A
Definitions
Attachment A Page 2 of 16
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 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 veh icle 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.
Bioengineered Feedstock Facility: “Bioengineered Feedstock Facility” means a Facility processing Source-Separated Food Scraps into a slurry which is then utilized in Wastewater Treatment Plants (WWPT’s) or publically -owned treatment works (POTW’s) to produce biogas.
Bioengineered Feedstock may include primary or secondary sludge, greases from the WWTP grease trap, and organic materials such as Food Scraps from households or other organic materials from industries that have been pre-treated and liquified to the required consistency.
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ATTACHMENT A
Definitions
Attachment A Page 3 of 16
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 Residen ces 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 semi- automated truck with a capacity of 32-35 gallons, 60-67 gallons, or 90-100 gallons.
City: “City” means the City of _____________ 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).
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ATTACHMENT A
Definitions
Attachment A Page 4 of 16
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 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 hea t 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 Food- Item: 14
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ATTACHMENT A
Definitions
Attachment A Page 5 of 16
Soiled 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.
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 re- use.
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. T ree trimmings constitute “C ontamination” if placed in a blue-lidded Recyclable Item: 14
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ATTACHMENT A
Definitions
Attachment A Page 6 of 16
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 [FILL IN NAME OF SELECTED PROPOSER].
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 G enerating such materials. The Customer may be a separate Person from the Authorized Customer Representative, who m ay arrange for and/or pay for, C ollection service provided by Contractor.
Digestate: See Anaerobic Digestate
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.
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 service s 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.
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ATTACHMENT A
Definitions
Attachment A Page 7 of 16
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.
Electric Vehicle: “Electric Vehicle” or “EV” or “BEV” means a vehicle powered by electricity otherwise known as a battery electric vehicle. The Electric Vehicle to be provided by Contractor is described in Attachment F-3.
Electronic Waste (E-waste): For purposes of this Agreement, “Electronic Waste” or “E-Waste” includes discarded video display device s such as televisions, television screen s, 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 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, Item: 14
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ATTACHMENT A
Definitions
Attachment A Page 8 of 16
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 r esidential 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 Section s 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.
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 foil- lined 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 Ma terials, 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.
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ATTACHMENT A
Definitions
Attachment A Page 9 of 16
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 a ll 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 Es tablishment. 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 oi l, grease, gas cylinders/pressurized cylinders, liquid mercury/elemental mercury, broken items that contain mercury, radioactive materials, tires, automobile parts, MSW, or Bulky Items.
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”
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ATTACHMENT A
Definitions
Attachment A Page 10 of 16
Memorandum of Understanding or “MOU”: “Memorandum of Understanding” means the agreement entered into between the City and the City of ___________ 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 C ollected from “Commercial and Business Establishments”. (See Section 11 .03A) Any dispute or ambiguity as to whether a 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 Item: 14
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ATTACHMENT A
Definitions
Attachment A Page 11 of 16
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 c ontained 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
(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.
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ATTACHMENT A
Definitions
Attachment A Page 12 of 16
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 C ollected 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 us ing Bioengineered Feedstock, Construction and Demolition Debris sorting facilities, and concrete and asphalt grinding facilities. Processing Faciliti es does not include Waste-to-Energy, Biomass, therm al destruction, or any type of T ransformation 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 under cover of a letter dated _____, presented by Contractor to City 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.
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 materi als authorized by the City for Collection by the Contractor. Recyclable Materials does not include Food Scraps, Yard Trimmings or Construction and Demolition Debris.
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ATTACHMENT A
Definitions
Attachment A Page 13 of 16
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, identi fication 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 Progams 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 sche dule 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 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.
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ATTACHMENT A
Definitions
Attachment A Page 14 of 16
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, tri- plexes, 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 Pass Vehicle: “Single Pass Vehicle” means a Collection vehicle containing a divider between two separate compartments in the truck body that allows Collection of two different types of materials during a single stop at a Residence or Commercial business. For example, a Single Pass Vehicle may collect both MSW and Recyclable Materials at each stop along a route. The materials are emptied into the respective sides of the truck body and kept separate until each type of material is emptied at the Processing Facility or the Disposal Facility.
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.
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 Sou rce 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 place d 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 Item: 14
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ATTACHMENT A
Definitions
Attachment A Page 15 of 16
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, an d 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 e xcludes 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 bi ological conversion other than C omposting and does not i nclude 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 fou nd 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 th at 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.
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 14section 18984.11) are de minimus waivers and physical space constraint waivers. A Waiver may only be Item: 14
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ATTACHMENT A
Definitions
Attachment A Page 16 of 16
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.
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Attachment B Scope of Work Page 1 of 92
Attachment B
Scope of Work
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Attachment B Scope of Work Page 2 of 92
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. ...................................................................................................................................... 8
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. ......................................................................................................... 10
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. ................................................................ 12
1.4.1.1. Survey of Residential Customers To Determine Cart Sizes for Residential Customers without Extra Carts. ..................................................................................................................................................................................... 12
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. ..................................................................................................................... 14
1.4.1.6. Charges for Non-Containerization. ...................................................................................................................... 14
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. .......................................................................................................... 15
1.4.2. Containers for Multi-Family Dwellings, Commercial and Business Establishments and City Facilities. .............................................................................................................................................................................................. 15
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. ................................ ................................ ................................ ................................ ................ 19
2.1. Single Family Dwelling Residential Basic Level of Service. .................................................... 19
2.1.1. New Residences Constructed and Occupied During the Term. .............................................................. 19
2.2. Single Family Dwelling Residential MSW Collection. ............................................................... 19
2.3. Single Family Dwelling Recyclable Materials Diversion Program. ...................................... 19
2.4. Single Family Dwelling Food Scrap/Yard Trimmings/Stable Bedding and Manure Collection Program Utilizing Carts. ......................................................................................................... 20
2.4.1. Single Family Dwelling Stable Bedding and Manure Collection Program Utilizing 3 -Cubic- Yard Bins.............................................................................................................................................................................................. 22 Item: 14
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2.5. Backyard/Sideyard Wheel-Out Service ......................................................................................... 22
2.6. Monitoring of Contamination in All Residential Collection Programs. .............................. 22
2.6.1. Characterizations and On-Site Field Audit Requirements. ....................................................................... 23
2.6.2. Observation and Issuance of Contamination Notices to Customers. ................................................... 23
2.7. Procedures For Handling Residential Non-Containerized MSW, Recyclable Materials, Food Scraps/Yard Trimmings/Stable Bedding and Manure and Other Materials. ................ 24
2.7.1. Each Instance of Contractor Encountering Non-Containerized Waste. ............................................. 24
2.8. Multi-Family Complex Residential Basic Level of Service. ..................................................... 26
2.8.1. New Multi-Family Complexes Constructed and Occupied During the Term. ................................. 26
2.9. Multi-Family Complex Residential MSW Collection. ................................................................. 27
2.10. Multi-Family Complex Residential Diversion Services. ........................................................ 27
2.10.1. Multi-Family Complex Residential Recyclable Materials Diversion Program. .......................... 28
2.10.2. Multi-Family Complex Food Scrap, Yard Trimmings, Wood Diversion Program, and Stable Bedding and Manure Program(s). ........................................................................................................................................ 28
2.11. Monitoring of Multi-Family Complex Residential Programs. ............................................. 29 SECTION 3: COMMERCIAL AND BUSINESS ESTABLISHMENT PREMISES SERVICES. .......... 30
3.1. Basic Level of Service. .......................................................................................................................... 30
3.2. MSW Collection. ...................................................................................................................................... 30
3.3. Diversion Programs. ............................................................................................................................. 30
3.3.1. Single Stream Recyclable Materials and Single-Material Recyclables Collection (AB 341 Program and SB 1383 3-Cart/3 Bin System). ................................................................................................................. 31
3.3.1.1. Commercial Recycling Collection Utilizing A Lightweight Collection Vehicle. ................................. 31
3.3.2. Source-Separated Commercial Food Scrap Collection. ............................................................................... 31
3.3.3. Source-Separated Yard Trimmings and Wood Collection Program. ................................................... 32
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. .............................................................................................................................................................. 33
3.3.5. Customer Use of Other Methods of Food Scrap Diversion. ....................................................................... 33
3.3.6. Edible Food Recovery. .................................................................................................................................................... 34
3.4. AB 827/SB 1383 Divertible Material Containers for Use by Public. ................................... 34
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. ..................................................................................................................................... 35
3.7. Required Tasks For Implementation of Diversion Programs. .............................................. 36
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. ........................................................................................................................ 45
3.11. Other Services To Be Provided. ...................................................................................................... 47
3.11.1. Miscellaneous Services. .............................................................................................................................................. 47
3.11.2. Scout Service. .................................................................................................................................................................... 48 Item: 14
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3.11.3. Manual Can Service. ...................................................................................................................................................... 48
3.12. Changes in Collection Services. ...................................................................................................... 48
3.13. Consultations and Technical Assistance. .................................................................................... 48
3.13.1. Customer Consultations. ............................................................................................................................................ 48
3.13.2. City and Developer Consultations. ....................................................................................................................... 48
3.14. Cooperation For Waste Characterizations, On-Site Field Container Contamination Audits and Other Studies. ........................................................................................................................... 49
3.15. Temporary Bin and Roll-Off Services. ......................................................................................... 49
3.16. Construction and Demolition Debris Recycling. ...................................................................... 50 SECTION 4: SPECIAL SERVICES. ................................ ................................ ................................ ........ 55
4.1. Bulky Items Collection Services. ...................................................................................................... 55
4.1.1. Bulky Items Collection Services for Single Family Premises. .................................................................. 56
4.1.2. Bulky Items Collection Services for Multi-Family Premises. ................................................................... 57
4.1.2.1. Bulky Item Collection For Individual Multi-Family Residents. ............................................................... 58
4.1.3. Bulky Item Collection - Annual Single Family Collection and Resident Drop -Off Day. ............. 58
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. ................................................................................. 62
4.3. Holiday Greenery Collection and Recycling. ................................................................................ 63
4.4. Sharps Pre-Paid Mail-Back Program. ............................................................................................. 64
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
4.7.2. Large Venue Special Events. ........................................................................................................................................ 69
4.7.3. Non-City Sponsored Special Events. ....................................................................................................................... 71
4.7.4. Emergency Collection and Disposal Service. ..................................................................................................... 71
4.7.5. Collection Services at City Facilities. ...................................................................................................................... 72
4.7.5.1. Provision and Collection of Roll Off Box at City Yard. ................................................................................. 72 [LAGUNA HILLS HEADING FOR 4.7.6] ..................................................................................................................................... 73
4.7.6. Bulky Item Collection Service For Public Rights-of-Way. .......................................................................... 73 [LAKE FOREST HEADING FOR 4.7.6] ....................................................................................................................................... 73
4.7.6. Bulky Item Collection Service For City on Saguaro Avenue and Public Rights -of-Way. ........... 73 [GOES IN LAKE FOREST CONTRACT ONLY] ......................................................................................................................... 73
4.7.7. Collection, Disposal and Recycling Services for City Bus Shelters. .................................................. 74 SECTION 5: PUBLIC INFORMATION AND CONSUMER EDUCATION. ................................ ........ 75
5.1. Ongoing Public Outreach to Be Conducted by Contractor. ..................................................... 75
5.2. Professionally Designed and Produced Public Outreach Materials. ................................... 76
5.2.1. Contractor Mailing Procedures. ................................................................................................................................ 76
5.3. City Council Presentations. ................................................................................................................ 76
5.4. Residential Public Education and Outreach Materials. ........................................................... 76
5.4.1. Annual Updated Residential Recycling Guide. ................................................................................................. 76 Item: 14
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5.4.2. Semi-Annual Residential Special Programs – Notifications. .................................................................... 77
5.4.3. How-To Video for Residential Program. .............................................................................................................. 78
5.4.4. Initial Re-Routing – Residential Outreach. ......................................................................................................... 79
5.5. City News Articles. ................................................................................................................................. 79
5.6. HOAs and Property Managers Notice and Meetings. ................................................................ 80
5.7. Brochure for Multi-Family Commercial, HOA’s and Gated Communities – Yard Trimmings. ....................................................................................................................................................... 81
5.8. Brochure for Commercial and Business Establishments Services. ..................................... 81
5.9. Brochure for Commercial and Business Establishments – SB 1383. .................................. 82
5.10. AB 827/SB 1383 Food Scraps Brochure, Training Materials and Signage. .................... 82
5.11. SB 1383 Commercial Restaurants Food Scraps Brochure, Training Materials and Signage. .............................................................................................................................................................. 83
5.12. Seasonal Renters Brochure, Signs, Table Tents, Information Sheets. .............................. 83
5.13. Edible Food Donation Brochure for SB 1383 Tier 1 and Tier 2 Generators. ................. 84
5.14. Special Events Brochures, Training Materials and Signage. ................................................ 84
5.15. How-To Video for Commercial Program and Business Testimonials. ............................. 85
5.16. Waste Diversion and Recycling Program Social Media Posts. ............................................ 86
5.17. Bin Sensor Brochures and Training Materials for Business and Commercial Establishments and Multi-Family Commercial. .................................................................................. 87
5.18. Corrective Action Notice. .................................................................................................................. 87
5.19. City Right to Participate in Regional or Joint-Jurisdictional Public Education and Consumer Information Campaigns. ........................................................................................................ 88
5.20. Website. .................................................................................................................................................. 88
5.21. Seminars, Workshops, Presentations, Meetings. .................................................................... 88
5.22. Non-Bill Mailing Lists. ........................................................................................................................ 88 SECTION 6: MATERIAL STREAMS AND CONTAMINANTS. ................................ .......................... 89
Item: 14
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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 C ustomers (including Residential, Multi -Family, Multi-Plex, 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 bil l 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 t o 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, i ssue 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 perio d 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.
[The following paragraph will be included in the Agreement for a selected proposer that is not the current contractor] “Contractor shall work cooperatively with City and the City’s prior contractor to ensure a seamless and smooth transition of Customer billing such that no gaps in billing and no double -billing of Customers occurs. Contractor shall make all reasonable efforts to determine whether all Customer deposits paid to the prior contractor are either applied to charges for Customer services provided by the prior contractor or returned to the Customer. In the event of a dispute with the prior contractor, Contractor shall work with City and shall take direction from City, as to the course of action to pursue.”
Item: 14
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Attachment B Scope of Work Page 7 of 92
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 individually - serviced 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 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, 202 5 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.
Item: 14
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Attachment B Scope of Work Page 8 of 92
Contractor shall invoice Commercial and Multi -Family Commercial C ustomers 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.
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 Multi- family 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, 202 5, 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 Ex tra 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 Item: 14
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Attachment B Scope of Work Page 9 of 92
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 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 Custo mers, 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 acc uracy 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 Item: 14
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Attachment B Scope of Work Page 10 of 92
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.
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. I f 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 prov ided 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 shall notify the City one-hundred twenty (120) days prior to July 1, 202 5 if routing for Single Family Dwelling Residential Premises and Multi -Family Residential Premises, including gated developments, HOAs and mobile home parks will remain the same as of the date of commencement of Collection operations on July 1, 2025.
Contractor may request approval from the City one-hundred twenty (120) days prior to July 7, 2025 to change initial routing, i.e., a planned change in the scheduled date of Collection, for Single Family Dwelling Residential Premises and Multi-Family Residential Premises, including gated developments, HOAs and mobile home parks to go into effect July 7, 2025. With this request, Contractor shall provide new rout e maps and new route lists for City’s review. Upon City approval of new route maps and new route li sts, Item: 14
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Attachment B Scope of Work Page 11 of 92
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 7, 202 5 or on an other 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., Week of July 7-11 and Week of July 14-18, 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 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 Single Family Dwelling Residential Premises and Multi-Family 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 or Multi -Family Residential Premise . 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 this Section 1.3.2 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 Item: 14
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Attachment B Scope of Work Page 12 of 92
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 C ollection operations on July 1, 2025 Contractor shall survey all Residential Customers without Extra Carts to 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 96-gallon [Note: The exact Cart sizes will be filled in prior to the Agreement execution with the selected Proposer based on the Cart sizes proposed.] 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 9 5-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 9 5-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 th ese choices, and the Contractor’s rates subject to the Applicable Maximum R ates, by use of the C ity 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 exis ting 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 9 5-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 R ates. 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 Cust omer to make an online selection for new cart sizes.
1.4.1.2. Survey of Residential Customers To Determine Extra Cart Sizes for Item: 14
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Attachment B Scope of Work Page 13 of 92
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 a s 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 , which 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 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 (or make arrangements with the former contractor to Collect the Carts concurrent with Contractor’s distribution of new 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 Item: 14
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Attachment B Scope of Work Page 14 of 92
Section 1.4.1.1, the Customer shall receive t he 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 (2 nd) 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 (2 nd) 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. Charges for Non-Containerization. By July 1, 2025, Contractor shall direct mail to all Customers to provide information and notice regarding the prohibition against Non- containerization. As of October 1, 202 5, Customers shall be required to Containerize all MSW, Recyclable Materials and Yard Trimmings/Food Scraps /Stable Bedding and Manure. Th e 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 charge Customer for instances of Non-Containerization through its Code Enforcement department utilizing the protocol described in Section 2.7.1 of this Attachment B.
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 the ir existing configuration to any combination of sizes of carts for MSW, Recyclable Materials, Co - collected 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 non- damaged Carts sizes and/or exchange one or all their non-damaged Carts for same-sized Carts at no additional charge for pick up and/or drop off of Carts. Upon the Customer’s request for a second (2 nd) 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, Item: 14
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Attachment B Scope of Work Page 15 of 92
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 inven tory 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.
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 (90) gallon for MSW, Recyclable Materials, Source - Separated 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 flu orescent 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 Item: 14
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Attachment B Scope of Work Page 16 of 92
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 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 C ity (Single Family Dwelling R esidential, 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 co- collected Yard Trimmings/Food Scraps Bins, green for source-separated Yard Trimmings Item: 14
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Attachment B Scope of Work Page 17 of 92
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 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” basi s. 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.
Item: 14
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Attachment B Scope of Work Page 18 of 92
At any time a Cart is distributed to a new or returning Single-Family Residential Customer or to a new Multi-Family Residential Premises, Cont ractor shall also deliver to such Residential Premises (s) a copy of Recycling Guide described in Section 5 of this Attachment B.
Item: 14
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Attachment B Scope of Work Page 19 of 92
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 al low 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) Item: 14
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Attachment B Scope of Work Page 20 of 92
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 Coordinator 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 Coordinator shall provide additional information, training, public education materials and explanations of the state law and the reasons for the program. The Coordinator 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 or Anaerobic Digestion Facility approved by City li sted in Article 6 of the Agreement and arrange for sale of the Compost or Item: 14
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Attachment B Scope of Work Page 21 of 92
Digestate that is produced.
Customers located in Single Family Dwellings that are part of a n 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.
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 Rate s. 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.
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 Item: 14
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Attachment B Scope of Work Page 22 of 92
Trimmings/Stable Bedding and Manure Diversion program. Contractor’s Recycling Coordinator 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 Coordinator shall provide additional information, training, public education materials and explanations of the state law and the reasons for the program. The Coordinator 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, s uch 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 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.
2.5. Backyard/Sideyard Wheel-Out Service
Upon Customer request, Contractor shall provide Backyard/Side yard 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 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.
Item: 14
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Attachment B Scope of Work Page 23 of 92
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 (2 nd) or additional MSW Cart, the third (3 rd) or additional Recycling Cart and/or the second (2 nd) 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).
Item: 14
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Attachment B Scope of Work Page 24 of 92
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 Material s 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 conta ined 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.
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 Non- containerized materials with the Customer associated with the Non -containerized Item: 14
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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 Non - containerized materials in and around the Cart
(3) Place a hang-tag on the Cart nearest the Non-containerized materials. The hang- tag 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 (2 nd) or additional MSW Cart, the third (3 rd) or additional Recycling Cart and/or the second (2 nd) or additional Food Scraps/Yard Trimmings/Stable Bedding and Manure Cart.
b. Notifying the Customer that the City may fine the Customer if additional Non-containerization occurs.
c. Notifying the Customer that a photograph documenting the Non - containerization 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 Non - Containerized 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
7. Type of material that was Non -containerized ( I.e., MSW, Recyclable Materials, Food Scraps/Yard Trimmings/Stable Bedding and Manure)
Contractor shall, on a weekly basis, cross -reference the existing Non -containerization digital database with all driver-reported instances of Non-containerization for the service day to determine if any instances constitute a second or subsequent Non-containerization event. Contractor shall upload the results to a cloud -based file that is accessible to the City on a monthly basis.
If the Contractor identifies any Customers that have second or subsequent Non - containerization instances associated with their address, the Contractor may refer these accounts to the City for enforcement action. Contractor may not charge Customer for Collection of Non-containerized materials.
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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 Non - containerized 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 sharin g service.
If a Customer is identified to have two (2) instances of Non -containerization within a 30- day period, Contractor Recycling Coordinator 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) Recycling Materials Cart and has two (2) instances of Non - containerization within a 30 -day period, Contractor Recycling Coordinator shall assess and recommend, as appropriate, the delivery of a second Recycling Materials Cart as an option to address the Non -containerization issue. (The second Recycling 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 Non- containerization.
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 Multi - Family 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:
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 Item: 14
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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 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, 202 5, 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 Item: 14
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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 p ercentages 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 w heeled 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 vehicl e collecting solely Recyclable Materials to prevent Contamination of said materials unless the Recyclable Materials are collected in a single -pass, split-body, rear-loader described in Article 8 of the Agreement. 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.
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 Multi- Family 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 Item: 14
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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. If Contractor is delivering Source -Separated Food Scraps to the City-approved Bioengineered Feedstock Processing Facility designated in Article 6, Contractor shall Collect such Source -Separated Food Scraps in a separate Collection vehicle that collects only Source-Separated Food Scraps and shall process the Collected materials at the City-approved Bioengineered Feedstock Processing Facility. If Contractor is delivering Source-Separated Food Scraps to the City-approved Composting Facility designated in Article 6, Contractor may Collect such Source -Separated Food Scraps in a Collection vehicle that collects Co-collected Food Scraps/Yard Trimmings and shall process the Collected materials at the City -approved Composting Facility. If Contractor is delivering Source-Separated Food Scraps to the City -approved Anaerobic Digestion Facility designated in Article 6, Contractor may Collect such Source-Separated Food Scraps in a Collection vehicle that collects Co -collected Food Scraps/Yard Trimmings and shall process the Collected materials at the City -approved Anaerobic Digestion Facility.
2.11. Monitoring of Multi-Family Complex Residential Programs.
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 Single- Material 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 Col lection 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 City- approved 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 Recyclables 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. At the direction of the City, Contractor shall include Food-Soiled Paper in the Food Scrap program. If the Processing Facility Contractor is using does not allow Food - Soiled Paper, Contractor shall [insert selected contractor’s proposed method of handling Food-Soiled Paper, Plastic Bags, and Compostable Plastics here]. 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 Item: 14
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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 Customers with information and contact person(s) who are approved by City to establish, coordinate and provide Edible Food donation and Collection servic es. Contractor shall fully cooperate with all Persons working with Customers to establish, coordina te 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 lo cations 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. If Contractor is delivering Source-Separated Food Scraps to the City-approved Bioengineered Feedstock Processing Facility designated in Article 6, Contractor shall Collect such Source - Separated Food Scraps in a separate Collection vehicle that Collects onl y Source - Separated Food Scraps and shall process the Collected materials at the City -approved Bioengineered Feedstock Processing Facility listed in Article 6 of the Agreement . If Contractor is delivering Source-Separated Food Scraps to the City-approved Composting Facility or Anaerobic Digestion Facility or Bioengineered Feedstock Facility designated 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. If the split -body rear -loader Collection vehicle described in Article 8 of the Agreement is used, the Source-Separated Yard Trimmings and Wood shall be segregated in one of the rear loader compartments or mixed with co-Collected Food Scraps/Yard Trimmings in one of the compartments. All Item: 14
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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 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 City - approved Comp ost 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 accordance with 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 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. 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 s ervice to Divert the remaining Food Scraps being placed in the MSW Container(s). Contractor shall Item: 14
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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: disseminat ing public 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 pr oviding 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 fac tor 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 wh eeled Carts and/or Bins and/or Compactors. AB 827 (PRC Section 42649.1 et seq.) and SB 1383 requires 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 Item: 14
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business to purchase and provide suitable containers to comply with the State requirements. Contractor shall provide training for Customer s 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 Multi-Family Dwellings and Commercial and Business Establishments in the City will receive at least two (2) field Contamination audits. 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 ma terials concerning the acceptable materials for each program to management and employees of the business in a minimum of one (1) in - person 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 Coordinator, 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 Item: 14
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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.
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 decision - making, 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 Diver sion program s 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 Authoriz ed 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, Item: 14
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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 and 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 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 th e 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 phon e 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 Item: 14
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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 in - house program, backhauling, on -site processing or use of another vendor, Contractor has notified City so City can obtain a completed and signed “Self -Certification Form” for that program. Contracto r 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 and Manure , Contractor has provided the
appropriate type(s) and size(s) of Containers for stor age and collection of Yard Trimmings/Wood and/or Stable Bedding and Manure.
(vi) Contractor is Collecting the Recyclable Materials, Food Scraps, Yard Trimmings/Wood (as applicable) , Stable
Bedding and 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 and Manure at least
once each week. In the case of a Food Scrap Generator,
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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 and
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 adjustments as needed to the Cust omer 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) t he operation of each Diversion program, and (c) specifically, what materials may be placed in the Recycling Container(s), Yard Trimmings/Wood
Containers, Stable Bedding and 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 Multi -Family complexes, Contractor shall provide at least one (1) on -site t raining 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 on-site 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 req uested 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 languag e they speak and provide Item: 14
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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 r esidents 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. (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 per cent (25%) or less during the period J uly 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.
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(xii) Contractor has conducted a minimum of one (1) annual on - site 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 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 receiv ed 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 phot os 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 Item: 14
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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 Contracto r’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 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 Custome r 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 Agree ment 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
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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.
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 a n 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.
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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 i n 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 Multi- Family 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:
(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 fine the Customer 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:
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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.)
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 Contamina tion 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 Multi - Family 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 Item: 14
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more Recyclable Materials and/or Food Scraps/Yard Trimmings, flattening cardboard boxes, and employing source reduction methods. c. Notifying the Customer that the City may fine the Customer if additional instances of Overfull Cart(s)/Bin(s) occurs.
d. Notifying the Customer that on the second and subsequent instances of Overfull Cart(s)/Bin(s), the Customer will receive a direct -bill charge by Contractor.
e. 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:
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)
Contractor shall, on a weekly basis, cross -reference the existing Overfull Bin(s)/Cart(s) digital database with all driver-reported instances of Overfull Bin(s)/Cart(s) for the service day to determine if any instances constitute a second or subsequent Overfull Bin(s)/Cart(s). Contractor shall upload the results to a cloud-based file that is accessible to the City on a weekly basis.
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.
Contractor’s Recycling Coordinator 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 may only charge the Item: 14
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Overfull Container rates in accordance with the Applicable Maximum Rates as specified in 5.10.E of the Agreement.
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:
(A) Bin wheel out service of a distance of twenty-five – fifty (25-50) feet; (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.
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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 a nd 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.
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 Item: 14
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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.
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, Sin gle 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 Item: 14
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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 accordance with 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 Maxim um 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, the n l iquidated 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 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 se rvices 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 ae included in Section (Lake Forest Municipal Code Section 16-12 et seq. / Laguna Hills Municipal Code Section 5-48 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 Item: 14
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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 req uires 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 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 decision - making, 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 Item: 14
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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 reque st 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 request s 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 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, sheet rock/Dry Wall, Yard Trimmings, mixed C&D and any other Divertible materials generated by the C&D project; (b) calculate the appropriate number and size d 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
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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 th e 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, Source - Separated 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.
(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 al l employees have been trained. Contractor shall provide
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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/o r 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.
(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 do cumentation, 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 message s) 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 Collection Services.
Contractor shall provide Collection services for Bulky Items at Single Family Premises in City, at Multi-Family Premises in Cit y and for an Annual Collection and Drop -Off Day.
Contractor shall notify all Residents of the Bulky Items Collection 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, r e- purposing 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, re- purposing 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 agr eed 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, whic h 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 Item: 14
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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, subject to the Applicable Maximum Rates.
As set forth in Section 5 of this Attachment B , Contractor shall notify all Single Family Dwelling Customers of the Multi-Family Bulky Items Collection Services described in this Section 4.1.1.
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 Ite m 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 re ceive 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 ensure 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, Contractor shall direct bill the Multi -Family Premises Authorized Customer Representative subject to the Applicable Maximum Rates.
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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 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 subject to the Applicable Maximum Rates for this service. The resident may pay Contractor directly by credit card for this service.
4.1.3. Bulky Item Collection - Annual Single Family Collection and Resident Drop- Off Day.
Contractor shall provide all labor, equipment, vehicles, licenses, permits and services necessary to provide an Annual Single Family Bulky Item Collection and Bulky Item Drop- Off Day during the third week of May each year during the Term of Agreement, or on other dates mutually agreed to by City and Contractor. Contractor shall provide Public Information for each event, and notify all Customers of the events as set forth in Section 5 of this Attachment B.
In addition to the t wo (2) Bulky Item Collections per calendar year per Single Family Premises Customer, Contractor shall provide an Annual Single Family Bulky Item Collection Day on the third Saturday in May for Single Family Premises to place up to ten (10) Bulky Items per Customer out for Collection. In addition, Contractor shall provide an Annual Day Bulky Items Drop-Off Day on the third Saturday in May for City Residents to drop-off of Bulky Items at the City’s community center parking lot or other mutually agreed to location by City and Contractor.
Single Family Premises Customers shall be entitled to place up to ten (10) Bulky Items out for Collection for the Annual Single Family Bulky Item Collection Day. 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).
Single Family Residential Premises shall be notified by April 15 of the Annual Single Family Bulky Item Collection Day. The notification shall instruct Single Family Residents to call or email Contractor by May 5 to schedule Bulky Item Collection on the day selected during the third week in May.
Contractor shall arrange for a local non -profit or charity (such as St. Vincent de Paul, Goodwill, etc.), approved in advance by the City, to go through the C ity’s Single Family Item: 14
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Residential areas on the Annual Single Family Bulky Item Collection Day in order to pick up Bulky Items to be re-used, re-purposed and/or re-sold. Every effort shall be made by Contractor and non-profit or charity to have the end use benefit those in need in the City and secondarily in Orange County. Contractor shall arrange timing on the day of the Annual Single Family Bulky Item Collection Day for the non-profit or charity to go through the City’s Single Family Residential areas, and then Contractor shall follow behind to pick up the Bulky Items remaining curbside. Contractor shall provide City a copy of the agreement between Contractor and non-profit or charity for collection of the Bulky items.
Information regarding the non-profit or charity participation in picking up the Bulky Items shall be included in the Public Information described above and in Section 5 of this Attachment B. The Bulky Item Collection by non -profit or charity is further described in Attachment H.
Contractor shall provide one (1) Annual Bulky Item drop -off event per year for City Residents. Bulky Items acceptable for drop -off are defined in Section 4.1 of this Attachment B, as well as in Attachment A. The event shall be held on the third Saturday in May, or on another day mutually agreed upon by City and Contractor. The Bulky Item drop-off shall be held at the City’s community center parking lot or other mutually agreed to location by City and Contractor. Contractor shall notify all Residents, both Single Family residents and Multi -Family residents, of 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.
Contractor shall arrange the in-City location at the community center parking lot or other mutually agreed to location by City and Contractor for each event and shall provide all required labor, equipment, 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.
Contractor shall provide the Annual Single Family Bulky Item Collection and Resident Bulky Item Drop-Off Event at no additional cost to the City or to Customers. As set forth in Section 5 of this Attachment B, Contractor shall notify all Single Family Dwelling Customers of the Annual Bulky Items Collection Day and Annual Drop-Off Day and notify all Residents of the Annual Drop -Off Day as described in this Section 4.1. 3. Collection tonnages, data from charities regarding tonnage and values of materials collected, and Item: 14
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participation data from the collection event(s) shall be tracked and reported per 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., 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 d iesel 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, light er fluid, and pool Item: 14
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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, speake rs, cables, 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 electr onic devices, microwave ovens, 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.
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 grea se, gas cylinders/pressurized cylinder, liquid mercury/elemental mercury and broken items that contain mercury, materials improperly packaged for Collection a nd 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.
Item: 14
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Attachment B Scope of Work Page 62 of 92
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 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 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 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 non- holiday 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 R esidents 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 R esident’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 Item: 14
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Attachment B Scope of Work Page 63 of 92
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 p ossess 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 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 t ype 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 Item: 14
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Attachment B Scope of Work Page 64 of 92
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 first- class 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.
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 wei ght 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 Door - to-Door 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.
Item: 14
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Attachment B Scope of Work Page 65 of 92
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 postage- paid 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 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 fiv e 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 Fo od 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.
Item: 14
707
Attachment B Scope of Work Page 66 of 92
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 a t 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.
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 twenty- five 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 Item: 14
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Attachment B Scope of Work Page 67 of 92
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 Ci ty, design and implement a “Solid Waste and Recycling Plan” for up to twenty (20) City Sponsored Special Events each calendar year. For the City Sponsored Special Events , Contractor shall provide for the Collection of MSW, Food Scraps and Recyclable Materials preceding, during and after the special event. Contractor shall provide, at no additio nal cost to City, temporary Containers with specially configured lids and appropriate signage, as approved by City, for the general public to dispose of MSW, source separated Recyclable Materials, and source separated Food Scraps, as well as larger sized B ins and/or Roll-Off Boxes as needed for cardboard and other materials . Contractor shall submit the “Solid Waste and Recycling Plan ” a minimum of thirty (30) days prior to the City Sponsored Special Event, and City will provide comments/changes/feedback within ten (10) calendar days. Contractor shall make changes and finalize the Solid Waste and Recycling Plan no later than fourteen (14) days prior to the Event. City may require Contractor’s Recycling Coordinator to be present at such events to ensure (a) that all Containers have been properly delivered and positioned throughout the event space; (b) that all Containers have proper signage indicating what materials go in each Container ; and (c) that the Containers are being emptied as frequently as required to prevent overflow of materials or placement of Divertible Materials in the MSW Containers or in the wrong Container. At City request , the Coordinator shall also provide information to the public about available Diversion and other services and/or provide Public Information and Education materials and speak about MSW, Recycling and Diversion programs.
The City Sponsored Special Events are those listed in Attachment T and include, but are not limited to:
Item: 14
709
Attachment B Scope of Work Page 68 of 92
Summary of City-Sponsored Special Events - Lake Forest Special Events:
Event Date City Rough Attendance
Movies in the Park 3 per year each Summer LF 350 each night Concerts in the Park 3 per year in the summer LF 2,500 each concert 4th of July Parade July 4 LF 10,000+
Sports Park
Tournaments
24 events per year (2-day
tournaments, 24 weekends) LF 2,000+ per
tournament
Elf Yourself 5K Run November LF 3,000
Bunny Blast Easter LF 3,000
Summer Concert and
Car Show August LF 2,500
Spooktacular Event October LF 3,000
Snowfest January LF 2,500
Item: 14
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Attachment B Scope of Work Page 69 of 92
Summary of City-Sponsored Special Events – Laguna Hills
Event Date City Rough Attendance
4th of July Celebration July 4 LH 2,000+
Half Marathon 5K Memorial Day LH 2,000+
Movies in the Park Summer (4 per year) LH 2,000+
Heritage Day early October LH 2,000+
Concerts in the Park July - Sept (4 per year) LH 2,000+ Holiday Event Series December LH 2,000+
Chamber of Commerce Car Show August LH 2,000+
Contractor shall develop and print a City -Sponsored Special Events brochure as described in Section 5 of this Attachment B. City may, in its sole discretion, change the events above at which the service shall be provided, up to twenty (20) per year. Contractor shall provide a written report to the City within thirty (30) days after each City Sponsored Special Event listing total tons of MSW, Food Scraps and Recyclable Materials (by individual category) collected as well as facilities to which the MSW, Food Scraps and Recyclable Materials were delivered, together with copies of weight tickets and other pertinent supporting documents.
If City desires Contractor to provide such services at additional City Sponsored Special Events (in excess of twenty (20) per calendar year) , the parties agree the additional compensation to Contractor shall be determined using the procedures in Section 5.12 (“City’s Right to Change Scope of Work”) and Section 14.09 (“Adjustments to Rates in Attachment D Based on City-Directed Changes in Scope of Work”) of the Agreement.
4.7.2. Large Venue Special Events.
If any special event serves an average of two thousand (2,000) or more individuals per day of operation of the large venue special event, or takes place at a permanent venue facility that annually seats or serves an average of two thousand (2,000) or more individuals within the grounds of the facility per day of operation, it is considered a large venue special event pursuant to Public Resources Code Section 42648 et seq. and must comply with the requirements therein.
Contractor shall develop and print a “Large Venue Special Events” brochure as described in Section 5 of this Attachment B. If requested by a special event operator, sponsor, the City, or the owner of operator of a "large venue" or "large event" Contractor shall attend annual or biennial meetings to discuss the types of MSW reduction, reuse and Diversion programs to be implemented at "large events" and "large venues." Upon the request of a large event or large venue owner or operator, or at the request of t he City, Contractor shall prepare a “Solid Waste and Recycling Plan” for large events and for large venues Item: 14
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Attachment B Scope of Work Page 70 of 92
within the City. Said plans shall be prepared within sixty (60) days after each plan is requested and shall contain all the elements required to implement Public Resources Code Section 42648 et seq. including , but not limited to, the methodology to be used to Collect and Divert Recyclable Materials, Food Scraps and Yard Trimmings (if applicable) generated by the event sand to Collect and Dispose of MSW generated at the event.
If requested by the City or the large event or large venue operator/producer, Co ntractor shall provide the services described in this Section 4. 7.2. Contractor shall provide temporary Containers with specially configured lids and appropriate signage, as approved by the event operator/producer or City, for the general public to dispose of MSW, source separated Recyclable Materials, and source separated Food Scraps, as well as larger sized Bins and/or Roll-Off Boxes as needed for storage of materials . Contrac tor may charge the event producer or organizer rates that do not exceed the Applicable Maximum Rates for these services. Contractor shall provide prompt, timely and continuous Collection services throughout the entire special event, including, but not limited to the following: (a) Delivery of Carts, Bins, Roll Off Boxes and temporary Containers for use by the special event and general public, prior to the pre -event setup when the event has vendors arriving to set up (for example, set up of stages, vendor a reas, media center, special pathways, etc.). Contractor shall provide a minimum of three (3) Recyclable Materials Roll Off Boxes and two (2) MSW Roll Off Boxes during set up, tear down and during the event. The number of Food Scraps and Yard Trimmings Bins shall be customized as needed based upon the size and duration of each special event. (b) Contractor shall work with the City to develop markets for the set-up materials (e.g., metal, wood, orange plastic mesh, and other by -products of set up construction activities and tear down demolition activities). For materials with markets or re -use opportunities, Contractor shall provide separate Bins and/or Roll Off Box(s) for Collection of such materials and shall deliver them for separation and marketing or donation to appropriate markets or outlets. (c) Contractor shall provide timely Collection services provided throughout all stages of the event and, as necessary, throughout the days of the event.
This includes early Collection services for all Containers during pre -event set up and during each day of the event. For example, Collection services may be required as early as 11:00 a.m. on the days of the event and/or on pre -event set up days. (d) Contractor shall work with event staff to monitor the fullness of all Containers on each day of the event, in order to Collect Containers before any are completely full or overflowing, in order to prevent Contamination of Recyclable Materials and Food Scraps and in order to prevent Recyclable Materials and/or Food Scraps being placed in the MSW Containers. (e) Contractor shall provide Collection service late in the day and into the evening hours if required to keep Containers from becoming Overfull. (f) Contractor shall provide Sunday Collection services for the event and such service shall continue until the event ends and all tear down and clean-up has occurred (note: this may require Collection Service on the day(s) after the event concludes).
Contractor shall provide a report to the City within forty -five (45) days of the end of the large venue special event describing in detail the MSW reduction, reuse and Recycling programs that were conducted at the event. Said report shall also include the total Tons of MSW Disposed from the event and the total Tons of Recyclable Materials, Food Scraps Item: 14
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Attachment B Scope of Work Page 71 of 92
and Yard Trimmings Diverted and delivered to City -approved Processing Facilities with copies of weight tickets for all tons Diverted and Disposed . The report shall also include the overall percentage of materials that were diverted by Contractor from the event and the percentage of MSW that remained and was Disposed.
Contractor may charge the occupant, coordinator, manager or sponsor of a special event rates that do not exceed the Applicable Maximum Rates.
4.7.3. Non-City Sponsored Special Events.
If the special event serves less than an average of two thousand (2,000) or more individuals per day of operation of the special event, or takes place at a permanent venue facility that annually seats or serves an average of less than two thousand (2,000) or more individuals within the grounds of the facility per day of operation, it is considered a special event.
Contractor shall develop and print a “Special Events” brochure as described in Section 5 of this Attachment B and disseminate it to operators/producers of special events in City and to those organizations or other Persons who may be planning special events.
If requested by City or a special event operator/producer, Contractor shall design and implement a “Solid Waste and Recycling Plan ” for special events in the City for the Collection of MSW, Food Scraps, Yard Trimmings (if appropriate) and Recyclable Materials preceding, during and after the special event. Contractor shall provide temporary Containers with specially configured lids and appropriate signage, as approved by City or by the event operator/producer, for the general public to dispose of MSW, source separated Recyclable Materials, and source separated Food Scraps, as well as larger sized Bins and Roll-Off boxes as needed for storage of materials. Contractor may charge the occupant, coordinator, manager or sponsor of a special event rates that do not exceed the Applicable Maximum Rates.
Within thirty (30) days of the end of the event, Contractor shall provide a written report to the operator/producer of the event, with a copy to the City, listing the total Tons of MSW, Food Scraps and Recyclable Materials (by individual category) Collected as well as the City-designated Processing Facilities to which the Food Scraps and Recyclable Materials were delivered. Contractor shall include copies of weight tickets from each Processing Facility and from the Disposal Site and other pertinent supporting documents.
4.7.4. Emergency Collection and Disposal Service.
In the event of a natural disaster or other unforeseen emergency situation ( e.g., earthquake, riot, or flood) Contractor shall, to the best of Contractor’s ability, provide emergency services to City within four (4) hours of notification by the City. Emergency services may include, but are not limited to, loading, collecting and hauli ng MSW, Construction and Demolition Debris (including but not limited to flood and earthquake debris), and large items to Processing Facilities, Disposal Sites or stockpiles as directed Item: 14
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Attachment B Scope of Work Page 72 of 92
by City. Contractor shall provide, at a minimum, Collection vehicles, drivers and other personnel regularly assigned to the City, and shall also provide additional equipment, vehicles and personnel if available. Contractor shall be compensated directly by City for these services at the emergency service costs in accordance with the Applicable Maximum Rates. Emergency services costs reflect the hourly rate for one Collection vehicle and a two (2) person crew.
In the event that Contractor is unable to provide emergency services or is unable to provide sufficient or timely emergency services to City, i.e. within four (4) hours of notification by the City, City reserves the right to contract with another solid waste enterprise or any other Person on a temporary basis to Collect, transport, stockpile, Divert and/or Dispose of MSW, Construction and Demolition Debris and all other materials as needed for City to protect the public health, safety and welfare for a period ending on the earlier of the date such emergency assistance is complete or thirty (30) days following the original request from City.
4.7.5. Collection Services at City Facilities.
Contractor shall provide Collection, at no cost to City, of all MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps, E-Waste, tires, Bulky Goods and metals generated at Premises owned and/or operated by the City, at the locations and at the frequencies specified in Attachment EE, but in no event less than once per week. Collection shall be at a time convenient for the City. The City may direct Contractor to change the frequency of Collection, the number and/or type of Container(s) provided, and/or the method of Collection.
4.7.5.1. Provision and Collection of Roll Off Box at City Yard. Contractor shall provide and Collect one (1) forty (40) cubic yard Roll Off Box at the City yard on a weekly basis at no charge to City. The Roll Off Box will be used for abandoned items collected by City crews, including primarily white goods and Bulky Items. Contractor shall transport the 40- yard Roll Off Box containing abandoned items collected by City crews and other items disposed of by City to the City-designated Clean Material Recovery Facility for sorting of the contents of said Roll Off Box. Contractor shall Divert the max imum possible quantity of Recyclable materials and the maximum amount possible of each Recyclable material on the list of Divertible Materials included in Section 6 of this Attachment B. In addition, Bulky Items included in the 40-yard Roll Off Box shall be Diverted for re-use or Recycling to the maximum extent possible based upon the hierarchy for Diversion of Bulky Items contained in Section 4.1 of this Attachment B . The amount of Recyclables, MSW, Bulky Items Recycled and Bulky Items Disposed, along with the Processing Facility utilized for each Recyclable Materials stream, shall be included in the Monthly Report to City as described in Attachment K. Contractor shall participate in the Orange County MattressCare Recycling program and the Orange County Carpet Stewardship Recycling program by Diverting mattresses and ca rpets to the County’s programs when these materials are included in the Roll Off Box containing Bulky Items.
Item: 14
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Attachment B Scope of Work Page 73 of 92
[LAGUNA HILLS HEADING FOR 4.7.6]
4.7.6. Bulky Item Collection Service For Public Rights-of-Way. [LAKE FOREST HEADING FOR 4.7.6]
4.7.6. Bulky Item Collection Service For City on Saguaro Avenue and Public Rights-of-Way.
[GOES IN LAKE FOREST CONTRACT ONLY]
Contractor shall provide weekly collection of Saguaro Avenue in Lake Forest of abandoned materials, MSW, Recyclable Materials, white goods, Yard Trimmings and Bulky Items at no charge. Contractor shall transport the Materials collected during the weekly collection of Saguaro to the City-designated Clean Material Recovery Facility for sorting. Contractor shall Divert the maximum possible quantity of Recyclable materials and the maximum amount possible of each Recyclable material on the list of Divertible Materials included in Section 6 of this Attachment B. In addition, Bulky Items collected shall be Diverted for re-use or Recycling to the maximum extent possible based upon the hierarchy for Diversion of Bulky Items contained in Section 4.1 of this Attachment B. The amount of Recyclables, MSW, Yard Trimmings, Bulky Items Recycled and Bulky Items Disposed, along with the Processing Facility utilized for each Recyclable Materials stream, shall be included in the Monthly Report to City as described in Attachmen t K.
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 collected during the week ly collection of Saguaro Avenue.
[GOES IN LAGUNA HILLS AND LAKE FOREST CONTRACTS]
Contractor shall provide up to thirty -five (35) on -call collections per year of abandoned materials, primarily consisting of Bulky Items and white goods from City’s public rights-of- way as directed by City at no charge. Each on -call collection shall occur within twenty- four (24) of notification by City. If the City notification occurs before 12 noon on Friday, the collection shall occur by the end of the collection day on that same Friday. If the notification occurs on Saturday or Sunday, the collection sha ll occur by the end of the collection day on Monday following that Saturday or Sunday. Contractor shall transport the Materials collected during the on -call collections of abandoned materials to the City - designated Clean Material Recovery Facility for sorting. Contractor shall Divert the maximum possible quantity of Recyclable materials and the maximum amount possible of each Recyclable material on the list of Divertible Materials included in Section 6 of this Attachment B. In addition, Bulky Items collected shall be Diverted for re-use or Recycling to the maximum extent possible based upon the hierarchy for Diversion of Bulky Items contained in Section 4.1 of this Attachment B. The amount of Recyclables, MSW, Yard Trimmings, Bulky Items Recycled and Bulky I tems Disposed, along with the Processing Facility utilized for each Recyclable Materials stream, shall be included in the Monthly Report to City as described in Attachment K. Contractor shall participate in the Orange Item: 14
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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 collected during the on-call collections of abandoned materials.
4.7.7. Collection, Disposal and Recycling Services for City Bus Shelters.
Contractor shall provide , at no additional cost to City, Collection and Disposal of MSW Containers at the City bus shelters and the Collection and Diversion of the materials collected in the Recycling Containers at the City bus shelters. The locations of the City bus shelters are included in Attachment LL (LH)/Attachment MM (LF) to the Agreement.
The amount of Recyclables and MSW, along with the Processing Facility utilized for each Recyclable Materials stream shall be included in the Monthly Report to City as described in Attachment K.
Item: 14
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SECTION 5: PUBLIC INFORMATION AND CONSUMER EDUCATION.
General. The parties agree that comprehensive, accurate information and consumer education are critical requirements of the Act and are, therefore, essential for City’s compliance with the Act.
In addition to Public Information and Consumer Education requirements described in this Attachment B, Contractor shall ensure Food Scraps/Yard Trimmings recovery and outreach is implemented in accordance with 14 CCR Section 18985.1, including providing annual information on the Food Scraps/Yard Trimmings requirements for Generators to properly separate materials in appropriate Containers pursuant to 14 CCR Section 18985.1; information regarding the methane reduction benefits of reducing the landfill Disposal of Food Scraps/Yard Trimmings , and the methods of Food Scraps/Yard Trimmings recovery the Food Scraps/Yard Trimmings Collection services uses, and information regarding Self-Hauling requirements.
This section describes Public Information and Consumer Education to be provided by Contractor to Single Family Premises, Multi -Family Premises and/or Commercial Establishments. 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 5. Contractor shall submit materials to the City for review, comment and final approval in the timeframes described in this Section 5, and in no event less than thirty (30) days prior to the distribution date.
All public education and outreach materials described in this Section 5 of Attachment B shall be in both English and Spanish. The City, at its sole discretion, may direct a specific public education and outreach piece to be only in English.
5.1. Ongoing Public Outreach to Be Conducted by Contractor.
Contractor shall, at every reasonable opportunity, work to: familiarize Residents, Businesses and Commercial Establishments , Property Managers, institutional representatives and other Persons with essential waste prevention and Recycling concepts and activities; explain benefits of Recycling, waste prevention, Food Scrap/Yard Trimmings Diversion programs, Composting and other forms of Diverting MSW; provide data on Diversion activities in City which are coordinated or provided by Contractor; fully and clea rly explain services and programs available to Residents, Businesses and institutions; publicize materials to be collected for Diversion; diligently pursue expanding markets such that new items, formerly Disposed at landfills, become Recyclable Materials Item: 14
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and/or Divertible Materials, and; respond to questions or requests for information from Residents, Businesses, property managers, institutional representatives and other Persons. Contractor shall provide and distribute outreach material in the form of online resources (website, social media), flyers, pamphlets, postcards, magnets or other methods acceptable to City. All printed materials shall be printed on Recycled paper.
5.2. Professionally Designed and Produced Public Outreach Materials.
In creating the Public Information and Consumer E ducation materials listed herein, Contractor shall professionally design, print and/or produce said materials such that they are attractive, easy to read, and evidence a professional design and layout. Materials shall be a minimum of 4 -colors unless a simpler color scheme is more appropriate and pre-approved by the City. The content, design and layout of all public education materials prepared by Contractor shall be submitted to the City for review and approval a minimum of thirty (30) days prior to printing/production.
5.2.1. Contractor Mailing Procedures.
Contractor is responsible for all costs associated with developing and distributing Public Information and Consumer Education outreach materials.
5.3. City Council Presentations.
Upon the written request of City, Contractor shall provide at no additional cost to City, at least one (1) presentation to the City Council regarding programs required by the Agreement, and other Municipal Solid Waste and Diversion matters, on an annual basis.
5.4. Residential Public Education and Outreach Materials.
5.4.1. Annual Updated Residential Recycling Guide.
Contractor shall professionally create during the first year of the Agreement, and annually update thereafter, the Residential Recycling guide (“Guide”) which provides Residents with information on all Collection programs provided by Contractor . The Guide shall be direct-mailed to all Single Family Dwelling Customers on or before June 14, 2025 and on February 15, 2026, and then on February 15 of each subsequent year of the Term. The initial Guide shall be produced and distributed on or before June 14, 2025 to coincide with distribution of new Carts. The Guide shall use attractive and engaging images and graphics and shall include images of Carts and kitchen Food Scrap storage pails, acceptable materials in the program, Extra Service information, how to use the kitchen Food Scrap storage pail, how to use Compostable bags, a link to both the City and Contractor’s websites, toll -free number, link or QR code to how -to video, how to participate in special services such as Bulky Item Collection, the Sharps pre-paid mail back program , HHW Collection via the bi-annual HHW Collection program, Holiday Greenery Recycling Program, different Cart size options, how to replace a lost, stolen or damaged Cart, availability and replacement of Food Scr aps kitchen pail, the benefits of Item: 14
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Waste Diversion and Recycling to the community, legislative requirements, and other content as directed by the City . Education on the use of durable containers rather than plastic bags and baggies, explaining that the plastic bags and baggies are not recyclable, shall also be included in the Guide. Drop-off locations within Orange County for HHW, E- Waste, U -Waste and White Goods shall be included in the Guide, or a link and a description of the link to the County website listing such locations shall be included in the Guide.
On or before April 1, 2025 and then on or before November 15 of each subsequent year, Contractor shall provide a draft of the updated Guide to the City. The City shall provide edits and written feedback on the draft updated Guide no later than May 1, 2025 and December 15 of each subsequent year. Contractor shall incorporate the edits and send the final version to the City no later than May 20, 2025 and January 5 of each subsequent year. City shall approve the final updated Guide for print and distribution by May 25, 2025 and January 20 of each subsequent year. Contractor shall print and distribute the Guide by mail to all Single Family Dwelling Customers in the City on or before June 14, 2025 and then on or before February 15 of each subsequent year. All costs associated with the preparation of a professional, well -formatted and designed Guide, costs of printing, labeling and mailing by first-class postage shall be borne by Contractor.
5.4.2. Semi-Annual Residential Special Programs – Notifications.
Contractor shall prepare and distribute two (2) Residential special programs notice/newsletter mailings each calendar year on April 15 and October 15, with the first mailing on October 15, 2025. The notice/newsletter shall update Residents on (a) holiday Collection schedules, (b) holiday tree and greenery Collection, (c) Bulky Item Collection from Single Family and Multi -Family Premises, annual Bulky Item Single Family Collection day and annual Bulky Item Drop-Off Day, (d) what materials, such as syringes and other Household Hazardous Wastes (HHW), should not be placed in MSW Carts, (e) information on the bi-annual HHW Collection program and annual HHW drop -off event, (f) information on the Sharps pre-paid mail -back program, (g) information about Backyard/Sideyard Service for Cart Collection (complimentary for Disabled Persons, and for an Extra Services charge for other Single Family Dwelling Customers), (h) information on the Compost giveaway and Compost workshops; (i) environmental-related events, (j) other timely Solid Waste and materials Diversion information , and ( k) education on the use of durable containers rather than plastic bags and baggies, explaining that the plastic bags and baggies are not recyclable . Contractor shall provide a draft of the special programs notice/newsletter to the City sixty (60) days prior to the scheduled mailing dates of April 15 and October 15 of each year. The City shall provide edits and written feedback on the draft special programs notice/newsletter forty-five (45) days prior to the scheduled mailing date. Contractor shall incorporate the edits and send the final version to the City no later than thirty (30) days prior to the scheduled mailing date. City shall approve the final special programs notice/newsletter for print and distribution twenty (20) days prior to the scheduled mailing date. Contractor shall print and dist ribute the notice/newsletter by mail to all Customers in the City on October 15, 202 5, and two ( 2) times each year thereafter on or before the dates required herein.
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These two notice/newsletter mailings may also act as notice of Compost giveaway, Compost workshop, annual Bulky Item Single Family Collection event, annual Bulky Item drop-off event and the annual HHW drop off event described in Section 4 as long as the mailings are received by Single Family Dwelling and Multi-Family Dwelling Customers a minimum of twenty (20) days prior to the events and no more than thirty -five (35) days prior to each event. If the City determines that the mailings are not timely for these events, Contractor shall prepare and distribute postcards notifying Single-Family Dwelling and Multi-Family Dwelling Customers of the events and how they may participate, with postcards to be received by Customers in the timeframe described herein. The Compost giveaway, Compost workshop, Bulky Item events and HHW events may be combined into one postcard as long as the postcards are received by Single Family Dwelling and Multi- Family Dwelling Customers a minimum of twenty (20) days prior to the events and no more than thirty-five (35) days prior to each event. Multiple postcards may be necessary in order to achieve the required mailing timeframe. City shall approve all postcards prior to mailing by Contractor.
All costs associated with the preparation of a professional, four-color, well-formatted and designed notice/newsletter, as a pamphlet or brochure, costs of printing, labeling and mailing by first-class postage shall be borne by Contractor.
If postcard mailings are deemed necessary as described herein, all costs associated with the preparation of professional, four-color, well-formatted and designed postcard(s), costs of printing, labeling and mailing by first-class postage shall be borne by Contractor.
5.4.3. How-To Video for Residential Program.
By March 31, 2026, Contractor shall professionally produce a 3 -5 minute ‘how-to’ video to educate residents about the curbside Waste Diversion and Recycling program, including best practices for use of the blue Cart and green Cart, kitchen pail s, Non- containerization and additional information as directed by City. Once completed, two (2) thirty-second “commercials” shall be edited from the video to promote the video to Single Family and Multi-Family Dwelling Residents through social media, the City’s website and other means.
The video shall adhere to the City’s style -guide and branding. The video shall include acceptable items for blue Cart recycling, green Cart Food Scraps/Yard Trimmings and for placement in the Food Scrap kitchen pail, as well as information on special programs, including but not limited to HHW and Sharps. Contractor shall provide City a shooting script for the residential how-to film for review and approval. The completed film shall be hosted on the Contra ctor’s website, the City’s website, and shall be dist ributed through the City’s social media channels. The completed film shall be accessible to residents via a ‘Quick Read Code’ (QR Code) that will be included in the Recycling Guide and other print materials prepared as part of the Public Information and Consumer Education programs.
Contractor shall notify City thirty (30) days before commencement of this project to determine if the City will take this project on in -house, the City then has thirty (30) days Item: 14
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after notification to determine if it shall take on the production of the training video ‘in house.’ The City shall notify the Contractor, in writing, of its decision.
The City, in its sole discretion, may fund the production of the training film described herein. If the City determines that it will take production of the training film ‘in house’, Contractor shall reimburse the City for up to $9,000 of production costs. Production costs that shall be reimbursed to the City by the Contractor shall include filming costs, editing costs, consulting costs to develop the script, City staff time to assist with script development and production, licenses for stock footage, filming costs for b -roll footage, etc. City shall submit an itemized invoice to the Contractor for all production costs associated with the development of the training film described herein.
At the City’s discretion, Contractor shall include Spanish subtitles within the film.
5.4.4. Initial Re-Routing – Residential Outreach.
If Contractor implements new routing as of July 1, 2025 (or another date if mutually agreed to by Contractor and City) as described in Section 1.3.1 of this Attachment B, Contractor shall send a direct -mail piece to all Single Family Dwelling Customers that will experience a Collection day change. This notification, shall be sent on approximately June 6, 2025, included the following components:
· Reasons why the route change is occurring.
· Current service day for the Customer.
· New service day for the Customer.
· Effective date of route changes.
· Link to online service day map showing current and proposed service days.
During the week of June 17, 2025, Contractor shall “robo-call” all Customers who will experience a Collection day change with a pre-recorded telephone message telling them of the change in service day. Contractor will also “robo-call” all Customers who will experience a Collection day change, with an additional reminder using a pre-recorded telephone message, during the week of June 24, 2025.
Contractor shall provide files to City with maps and addresses such that the City may add a feature to its website in which the Resident may type in their address and the day of Collection will be revealed for the Resident. Contractor shall provide color-coded maps with the neighborhoods identified for route changes highlighted in different colors per the pertinent day of the week for Collection. These maps may be used by City on its website, in City Council Meeting presentations, in neighborhood presentations and other methods deemed appropriate by City.
5.5. City News Articles.
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Contractor shall prepare six (6) articles per year for inclusion in the Lake Forest Leaflet and the Laguna Hills Roundup. For the time period of July 1, 2025 through December 31, 2025, Contractor shall provide three (3) articles for inclu sion in the Lake Forest Leaflet and Laguna Hills Roundup , with publication dates and topics for the three (3) articles provided to the City for approval by May 15, 2025. Starting December 1, 202 5 and by December 1 each year thereafter, Contractor shall provide publication dates and topics for the six (6) articles for the upcoming year for approval by City. Contractor shall provide each article to City forty-five (45) days in advance of publication for review and ed it, and City will provide comments/edits within eight (8) days following receipt. Contractor will incorporate edits and finalize each article thirty (30) days prior to publication. The City may utilize articles or shortened versions of articles as inserts in City mailings, on the City ‘s website, in the City’s social media, at City special events and in other City -provided communications with Residents and Businesses. Articles shall include graphic depictions and/or photos as appropriate to add interest and descriptions of services. Each calendar year, Contractor shall pay for two thousand (2,000) copies each of up to three (3) articles with graphics/photos to be printed as full-color one sheet, (with front and back if needed) Public Information pieces for distribution at City events, at City Hall, HOAs, etc. For purposes of preparation of the initial three (3) articles, July 1, 2025 through December 31, 2025 is the first calendar year. Beginning in calendar year 2026, Contractor shall prepare six (6) articles as described herein.
As directed by City, articles and one-sheet Public Information pieces described above shall be provided and printed in both English and Spanish.
5.6. HOAs and Property Managers Notice and Meetings.
Contractor shall, during the month of October of each year of the Term, notify each HOA and property manager of any Multi-Family Residential Premises, mobile home park and gated development of each method of Waste Diversion and Recycling available to its Residents. This notice shall include the following: (A) provision of two or three carts for applicable HOA’s, Multi -Family Residential Premises, mobile home parks and gated developments; (B) provision of a Bin or Bins in a central location, such as a work yard, for drop-off of Divertible and/or Recyclable Materials; ( C) community drop-offs available for use by Residents; and (D) other available methods.
Contractor shall submit by August 1 of each year a draft notice to City for review and approval. All costs associated with the preparation of a professional, well-formatted and designed notice, as a pamphlet or brochure, costs of printing, labeling and mailing (first class postage) shall be borne by the Contractor.
The Contractor’s Recycling Coordinator shall meet with every property manager of Multi- Family Premises at least twice per year and attend Multi-Family related community meetings as requested by property managers. The meetings with the property managers and attendance at community meetings shall be documented in the Monthly Reports described i n Attachment K. Contractor shall utilize Public Information and Consumer Education materials described herein, and such other Public Education and Consumer Education and training materials as needed, when implementing Diversion Programs in Item: 14
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Multi-Family properties as more fully described in Section 3.7 of this Attachment B.
5.7. Brochure for Multi-Family Commercial, HOA’s and Gated Communities – Yard Trimmings.
Annually, at Contractor’s sole expense, the Contractor shall prepare a professional, well- formatted and designed brochure for Multi-Family Commercial, HOA’s, gated communities and others with centralized Yard Trimmings Collection and/or a Self-Haul Yard Trimmings program. The brochure shall contain information regarding the requirements of SB 1383 in relation to Composting of Yard Trimmings, as well as descriptions of model programs for centralized Yard Trimmings Collection , Composting of Yard Trimmings in a community garden or at a Community Composting Site and the option for a Self -Haul Yard Trimmings program ; how-to steps for setting up such programs, and availability of technical assistance from Contractor to ass ist in setting up such programs.
Contractor shall submit to City for review and approval the brochure on or before October 1, 2025 and on or before May 1 and thereafter, on or before May 1 of each year of the Term. Contractor shall distribute the brochure by a first -class postage mailing or in - person. The Contractor is responsible for reporting to City the results of telephone and in-person contacts made on a monthly basis as part of the monthly reports required in Attachment K.
Contractor shall produce the brochure for Multi-Family Commercial, HOA’s, gated communities - Yard Trimmings in both English and Spanish. All costs associated with producing this brochure in both English and Spanish shall be borne by Contractor.
All costs associated with the preparation of professional, four -color, well-formatted and designed brochure for Multi-Family Commercial, HOA’s, gated communities – Yard Trimmings, costs of printing, labeling and mailing first class postage (if distribution is not done in person) shall be borne by Contractor.
5.8. Brochure for Commercial and Business Establishments Services.
Annually, at Contractor’s sole expense, the Contractor shall prepare a professional, well- formatted and designed brochure for Commercial and Business Establishments that describes, at a minimum, the services available, a complete list of the current maximum collection rates for all services, benefits and cost savings that may result from participation in Diversion programs, detailed information on requirements of, and how-to set up a Recyclables program, detailed information on requirements of and how to set up a Yard Trimmings/Food Scraps program, availability of technical assistance from Contractor or other Recycling companies and Persons , and the Bin Sensor Program .
Contractor shall submit to City for review and approval the brochure on or before October 1, 2025 and on or before May 1 of each year of the Term thereafter. Contractor shall distribute the brochure by a first -class postage mailing or in -person. The Contractor is responsible for reporting to City the results of telephone and in-person contacts made on a monthly basis as part of the monthly reports required in Attachment K.
Item: 14
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The brochure for Commercial and Business Establishments shall include a section on Construction and Demolition Debris Recycling and Diversion. City may direct that a separate, standalone Construction and Demolition Debris Recycling and Diversion brochure shall be developed and printed in both English and Spanish with all associated costs borne by Contractor.
Contractor shall produce the brochure for Commercial and Business Establishments Services in both English and Spanish. All costs associated with producing this brochure in both English and Spanish shall be borne by Contractor.
All costs associated with the preparation of professional, four -color, well-formatted and designed brochure for Commercial and Business Establishments Services, costs of printing, labeling and mailing first class postage (if mailing is necessary) shall be borne by Contractor.
5.9. Brochure for Commercial and Business Establishments – SB 1383.
Annually, at Contractor’s sole expense, the Contractor shall prepare a professional, well- formatted and designed brochure for Commercial and Business Establishments describing SB 1383 requirements for Commercial and Business Establishments .
Contractor shall produce said brochure in both English and Spanish. Contractor shall submit the draft brochure to the City for review and approval on or before October 1, 2025 and on or before May 1 of each year of the Term thereafter. Contractor shall distribute the brochure by a first-class postage mailing or in-person. The Contractor is responsible for reporting to the City the results of phone and in-person contacts in the monthly reports in Attachment K.
With City approval, the SB 1383 brochure for Commercial and Business Establishments may be combined with the Commercial and Business Establishments Services brochure described in Section 5.8 of this Attachment B.
All costs associated with the preparation of a professional, four-color, well-formatted and designed brochure describing the SB 1383 requirements for Commercial and Business Establishments, costs of printing, labeling and mailing via first class postage (if mailing is necessary) shall be borne by Contractor.
5.10. AB 827/SB 1383 Food Scraps Brochure, Training Materials and Signage.
Contractor shall develop an AB 827 /SB 1383 Food Scraps brochure and associated training materials to assist food-serving Commercial and Business Establishments in complying with the requirements of AB 827 regarding internal containers for Food Scraps, Recyclable materials and MSW in dining areas. The brochure and training materials shall include information regarding AB 827 /SB 1383 , the requirements for implementation, information about the types of interior Food Scrap containers that are commercially available to implement the progra m, and a training outline (i.e., a how -to, for implementation of the program ). The brochure and training materials shall also include information about the types of signage needed for implementation of the program, Item: 14
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including the specific wording necessary to include on the signs. Contractor shall produce the AB 827 brochure and training materials in both English and Spanish.
Contractor shall submit the draft AB 827/SB 1383 Food Scraps brochure and training materials to the City for review by October 1, 202 5. City will provide comments within fourteen (14) days, and Contractor shall finalize the brochure and training materials by October 31, 202 5, and begin assisting Commercial and Business Establishments with implementation of these programs. Contractor shall update this brochure and training materials each year of the Term, whenever there are any amendments or changes to AB 827/SB 1383 by subsequent legislation, changes to the Act or other regulatory changes to the requirements for food-serving Commercial and Business Establishments.
All costs associated with the preparation of professional, four -color, well-formatted and designed brochure and training materials , labeling and mailing first class postage (if mailing is necessary) shall be borne by Contractor.
5.11. SB 1383 Commercial Restaurants Food Scraps Brochure, Training Materials and Signage.
Contractor shall develop a Commercial restaurant Food Scraps brochure and associated training materials to assist food-serving Commercial and Business Establishments in implementation of SB 1383 Food Scraps Programs. The brochure and training materials shall include information regarding SB 1383 , the requirements for implementation, information about the types of interior and exterior Food Scrap containers that are available to implement the program, and a training outline . (i.e., a how -to, for implementation of the Food Scrap Diversion program). The bro chure and training materials shall also include information about the types of signage needed for implementation of the program, including the specific wording necessary to include on the signs. The brochure and training materials shall also include information and steps on how to set up an Edible Food donation program . Contractor shall produce the Commercial restaurants Food Scraps brochure and training materials in both English and Spanish.
Contractor shall submit the draft Commercial restaurants Food Scraps brochure and training materials to the City for review by October 1, 202 5. City will provide comments within fourteen (14) days, and Contractor shall finalize the brochure and training materials by October 31, 202 5, and utilize the brochure in implementing Commercial Food Scrap Diversion programs as described in Section 3.7 of this Attachment B . Contractor shall update this brochure and training materials every other year of the Term, beginning with the brochure produced and finalized on or before October 31. 2027.
All costs associated with the preparation of the professional, four-color, well-formatted and designed brochure and training materials, labeling and mailing via first class postage (if mailing is necessary) shall be borne by Contractor.
5.12. Seasonal Renters Brochure, Signs, Table Tents, Information Sheets.
Item: 14
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The City experiences a high number of seasonal renters requiring Public Information regarding participation in Diversion programs during their stay in the City.
Contractor shall develop, design and print outreach and Public Information and Consumer Education materials with information specific to seasonal renters including a brochure, signs and/or table tents, and information sheets for placement in seasonal rental properties to educate seasonal renters on the City’s Recycling and Diversion programs by April 1, 2026, with printing occurring no later than April 25, 202 6. Seasonal rental materials shall be reviewed, updated and reprinted by Contractor by April 1 each year of Term, with re-prints or printing of updated materials completed no later than April 25 of each year of Term beginning April 25, 2027. Contractor shall meet with managers owners, realtors and other parties that manage or rent seasonal rental properties to explain and distribute the seasonal rental materials during the month of May of each year , and as needed throughout the year.
All costs associated with the preparation of a professional, four-color, well-formatted and designed seasonal renter materials, costs of printing, labeling and mailing via first class postage (if mailing is necessary) shall be borne by Contractor.
5.13. Edible Food Donation Brochure for SB 1383 Tier 1 and Tier 2 Generators.
Contractor shall develop and design an Edible Food donation brochure outlining the SB 1383 and other requirements for Tier 1 and Tier 2 generators by September 1, 2025. The brochure shall include the names, locations and contact information for local non -profit and other organizations accepting donations of Edible Food, Edible Food delivery services, and other Persons assisting with arranging donation and delivery of Edible Food. The brochure shall be produced in both English and Spanish. City will provide comments and edits within fourteen (14) days, and the brochure shall be printed, finalized and mailed to Tier 1 and Tier 2 Edible Food Generators on or before by October 10, 2025.
The brochure shall be reviewed and updated each year of Term by Contractor to include current information, web sites, apps, contact persons, and Edible Food donation requirements for the listed organizations and Persons in the b rochure. The revised brochure shall be mailed to Tier 1 and Tier 2 generators by October 10 each year of Term.
All costs associated with the preparation of professional, four -color, well-formatted and designed Edible Food donation brochure, costs of printing, labeling and mailing via first class postage, shall be borne by Contractor.
5.14. Special Events Brochures, Training Materials and Signage.
Contractor shall develop the following three brochures and three sets of training materials related to Special Events : one each for City -Sponsored Special Events, Large Venue Special Events and non-City-sponsored Special Events. Contractor shall develop signage for City-Sponsored Special Events, and model signage for Large Venue Special Events and Special Events.
The brochure s and training materials shall include information regarding SB 1383, Item: 14
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requirements for implementation of Recycling, Diversion and MSW programs in relation to the special events as required by Public Resources Code Section 42648 et seq., all information needed to implement the programs described in Section 4 of this Attachment B, and training outlines (i.e., a ‘how-to’ for implementation of the Recycling and Diversion programs at the events) . The brochure and training materials shall also include information about the types of signage needed for implementation of the program, including the specific wording necessary to include on the signs, including model signage for reference. Contractor shall design and print signage for the City -Sponsored Special Events, after submittal to City for approval. The brochure and training materials shall include information and steps on how to set up an Edible Food donation program for special events. The brochure, training materials, signage and model signage shall be produced in both English and Spanish.
Contractor shall submit the three sets of brochures and three sets of training materials and signage (including model signage) related to special events to City for review by November 1, 2025. City will provide comments within fourteen (14) days, and Contractor shall finalize the brochures and training materials by November 30, 2025. Contractor shall produce the three sets of brochures and three sets of training materials related to Special Events, as well as City-Sponsored Special Events signage and shall utilize said materials at special events in City. Contractor shall update th e brochure, signage and training materials each year of the Term, beginning in November 2026 to reflect new information learned from implementing Diversion programs at special events, input from the City, and to reflect any changes in legislative or regulatory requirements for Diversion of materials from special events.
All costs associated with the preparation of a professional, four-color, well-formatted and designed brochure, training materials and signage, labeling and mailing via first class postage (if mailing is necessary) shall be borne by Contractor.
5.15. How-To Video for Commercial Program and Business Testimonials.
On or before July 1, 2025, Contractor shall professionally produce a 5-7 minute ‘how-to’ video to educate Businesses and Commercial Establishments about the Commercial Diversion program, including best practices. Once completed, two (2) thirty -second “commercials” shall be edited from the video to promote the video to businesses through social media, the City’s website and more.
The video shall adhere to the City’s style -guide and branding. The video shall include acceptable items for the Recyclable Materials Diversion program, the Food Scraps Diversion program, the Yard Trimmings Diversion program and the Bin Sensors program.
The video shall include interviews and testimonials from at least three (3) City businesses on the aforementioned programs. Contractor shall provide City a shooting script for the commercial how-to film for review and approval. The completed film shall b e hosted on the Contractor’s website, the City’s website, and shall be distributed through the City’s social media channels. The completed film shall be accessible to businesses via a ‘Quick Read Code’ (QR Code) that will be included in the Commercial Business brochure and Item: 14
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Attachment B Scope of Work Page 86 of 92
other print materials pertaining to Public Information and Consumer Education about the Commercial programs.
Contractor shall notify City thirty (30) days before commencement of this project to determine if the City will take this project on in -house, the City then has thirty (30) days after notification to determine if it shall take on the production of the trai ning video ‘in house.’ The City shall notify the Contractor, in writing, of its decision.
The City, in its sole discretion, may fund the production of the training film described herein. If the City determines that it will take production of the training film ‘in house’, Contractor shall reimburse the City for up to $11,000 of production costs. Production costs that shall be reimbursed to the City by the Contractor shall include filming costs, editing costs, consulting costs to develop the script, City staff time to assist with script development and production, licenses for stock footage, filmi ng costs for b -roll footage, etc. City shall submit an itemized invoice to the Contractor for all production costs associated with the development of the training film described herein.
At the City’s discretion, Contractor shall include Spanish subtitles for the film.
5.16. Waste Diversion and Recycling Program Social Media Posts.
Contractor shall professionally produce social media posts promoting the City’s Diversion Programs and special collections programs for distribution via the City’s social media channels, including Facebook, Instagram, Twitter, NextDoor, and other channels used by the City. The Contractor shall make use of graphics and imagery for the social media posts to engage with social media users and to make content interactive with a specific ‘call to action’ such as clicking a link to the ‘how to’ video or visiting the City’s Recycling webpage. Contractor shall engage a third-party firm to create the social media. Contractor shall include targeted advertisements, as needed, in order to use all the funds allocated to this social media campaign ($4,000 for July 1, 2025 – December 31, 2025, $6,000 for calendar year 202 6 and $2,000 per year thereafter). On or before May 1 , 202 5, Contractor shall provide the City with its proposed social media calendar for the July 1, 2025 through December 31, 2025, including eighteen (18) posts to distribute during this timeframe. The posts shall be formatted appropriately for all social media platforms described herein. City shall provide feedback to Contractor within ten (10) calendar days of the posts being presented. Contractor shall incorporate the City’s edits into the p osts and present the revised posts to the City within seven (7) calendar days of receipt of the City’s edits. Contractor shall provide the City with its proposed social media calendar by December 15, 2025 for the first full year, i.e., calendar year 2026, including twenty-four (24) posts to distribute during calendar year 202 6. The posts shall be formatted appropriately for all social media platforms described herein. City shall provide feedback to Contractor within fourteen (14) calendar days of the posts being presented. Contractor shall incorporate the City’s edits into the posts and present the revised posts to the City within ten (10) calendar days of receipt of the City’s edits. Each year thereafter, Contractor shall re-fresh the twenty-four (24) annual social media posts related to waste diversion, recycling program and special collections programs on or before December 15 of each Item: 14
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year. City shall provide feedback to Contractor within fourteen (14) calendar days of the posts being presented. Contractor shall incorporate the City’s edits into the posts and present the revised posts to the City within ten (10) calendar days of receipt of the City’s edits.
5.17. Bin Sensor Brochures and Training Materials for Business and Commercial Establishments and Multi-Family Commercial.
Contractor shall develop a brochure and training materials for the commercial bin sensors as described in Article 8.04.G of the Agreement for Business and Commercial Establishments and Multi-Family Commercial Customers. The brochure and training materials shall explain the Bin Sensor system, how it is used, its purpose, benefits of use, and cost, as well as photo and/or graphic depictions to assist in educating the Customers.
Contractor shall develop training materials to assist Customers in understanding, utilizing and benefitting from the Bin Sensor program.
Contractor shall submit to City for review and approval the brochure and training materials not later than October 1, 2025 and on or before May 1 of each year of the Term thereafter.
Contractor shall distribute the brochure by a first -class postage mailing or in person.
Training Materials shall be distributed in person. T he Contractor is responsible for reporting to City the results of phone and in -person contacts on a monthly basis in the monthly reports described in Attachment K.
All costs associated with the preparation of professional, four -color, well-formatted and designed Bin Sensor brochure and training materials, costs of printing, labeling and mailing first class postage (if mailing is necessary) shall be borne by Contractor.
Contractor shall meet with Customers and distribute the brochures and training materials, as well as discuss through in person meetings how the program works, its purpose, benefits and costs as more fully described in Article 8.04.G of the Agreement.
5.18. Corrective Action Notice.
Contractor shall develop a corrective action notification form for use in instances where a Customer sets out inappropriate materials for Collection that explains the appropriate manner for Disposal and/or Diversion of such items by September 1, 2025. (For example, HHW and/or Bulky Items, etc.) The corrective action notification form shall also be used for instances of Non-containerization, and shall explain the Containerization requirements and the charge for Non -containerization. The notification form will be reviewed, edited and approved by City prior to implementation. The notification form shall be updated as needed throughout the Term at City’s request and also when there is a change in the Applicable Maximum Rates. Contractor is responsible for the cost of production and printing of notification form.
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5.19. City Right to Participate in Regional or Joint-Jurisdictional Public Education and Consumer Information Campaigns.
City reserves the right, in its sole discretion, to participate with other jurisdictions in a coordinated effort to provide Public Information and Consumer Education in order to produce a more effective result, whether these jurisdictions are or are not provided MSW, Recyclable Materials and/or Waste Diversion services by Contractor. To this end, Contractor shall cooperate with such efforts and shall not impede City’s efforts.
5.20. Website.
Contractor shall create and maintain a website with information on all of the City’s Diversion programs and all services provided by Contractor as described in Article 9.04.G of the Agreement.
5.21. Seminars, Workshops, Presentations, Meetings.
Contractor shall ensure the attendance of qualified and knowledgeable employees of Contractor, on an as -requested basis, at local seminars, workshops, presentations, meetings and the like, to provide information or discuss matters related to Municipal Solid Waste and Divertible Materials management.
5.22. Non-Bill Mailing Lists.
The Contractor shall create and maintain a mailing list of all accounts that are not directly billed, so called “non-bill” Customers. The Contractor may elect to utilize the services of a direct mailing service for these “non -bill” Customers. Examples of non-bill Customers are apartments, mobile homes, condominiums, assisted living facilities, and other lease term/tenant situations such as a business park or strip mall. The mailing list shall be updated on an annual basis at a minimum (and more frequently if requested by City) and shall identify the number of non -bill Customers who are “on service” through a central billing or property owner/property manager. The programs that will require direct mailings from Contractor include, but are not limited to, announcements about special programs, Diversion Programs, HHW, Hazardous Waste prevention, and other information.
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SECTION 6: MATERIAL STREAMS AND CONTAMINANTS.
The following table lists each material stream to be Collected by Contractor. This list includes items to be accepted in each Diversion program and in MSW and items that are considered Contamination in each Diversion program and in MSW. The City may modify this list at any time during the Term of the Agreement. Contractor shall work diligently with City and all Processing Facilities approved by City to minimize Contamination in each material stream in order to minimize Residue at each Processing Facility, Divert as much material as possible, and create high quality Recovered Materials for sale, Recycling, re- use and/or marketing to end markets. Contractor shall work with City to tailor all Public Information and Consumer Education materials and messaging to inform Customers about what materials are allowed and what materials constitute Contamination in each material stream.
Material Streams and Contaminants
Material Stream Acceptable Materials Unacceptable Materials (Contamination)
MSW Non-Divertible Materials
including, but not limited to,
paper with plastic coating
(i.e. photographs, label
paper), waxed paper, waxed
cardboard, foil lined paper,
Tyvex (non -tearing)
envelopes, non -paper bags,
plastic liners (i.e. cereal
bags), windows, mirrors,
dishware, ceramics,
Styrofoam, Pyrex materials,
fiberglass materials, bubble
wrap, tarps, pet waste, kitty
litter, diapers, any paper
containing plastics aluminum
foil or foil -lined food wrap,
“biodegradable plastics” if
considered “Contamination”
or “non-compostable” by the
City-approved Composting
Facility
Divertible Materials, HHW,
Hazardous Waste
Single Stream
Recyclable
Newspaper, phone books,
catalogs, magazines, brown
Paper tissues, paper towels,
paper with plastic coating (i.e.
Item: 14
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Attachment B Scope of Work Page 90 of 92
Material Stream Acceptable Materials Unacceptable Materials (Contamination)
Materials paper bags, packaging, egg
cartons, white paper, colored
paper, envelopes (windows
are not Contamination), junk
mail, glossy paper, shredded
paper, carbonless paper,
chipboard/boxboard,
cardboard, wrapping paper,
empty aluminum cans,
empty tin cans, juice
containers, beer containers,
sauce containers, soda cans,
tuna cans, soup cans, loose
jar lids, empty aerosol, empty
glass beverage containers,
empty glass food containers,
all glass colors, empty CRV
and non -CRV plastic
containers, trays and bottles
#1 through #7, soft cover
books/manuals, milk/juice
cartons, plastic toys, plastic
irrigation o r PVC pipe, rigid
plastic sheets or panels,
empty plast ic buckets and
baskets, empty plastic flower
pots, plastic crates and carts
photographs, label paper ),
paper with food, wax ed paper,
waxed cardboard, foil lined
paper, Tyvex (non -tearing)
envelopes, non -paper bags,
plastic liners (i.e. cereal bags),
windows, mirrors, dishware,
ceramics, light bulbs,
fluorescent tubes, wood
furniture, Styrofoam, MSW,
Hazardous Waste, hard cover
books/manuals, Pyrex
materials, fiberglass materials ,
bubble wrap, tarps, textiles,
clothes, shoes, E -Waste, U-
Waste and small manufactured
goods (e.g. purses, handbags
and backpacks) , HHW, Food
Scraps, Yard Trimmings
Wood Non-treated wood, stained
wood, wood with nails, wood
with small metal items, tree
trunks/stumps/branches
(free from leaf and brush
material)
Painted wood, lacquered wood,
creosote treated wood, railroad
ties, telephone poles,
excessive nails, large metal
items, Hazardous Waste
Co-Collected Food
Scraps/Yard
Trimmings
All food, f ruits, vegetables,
meat and bones, poultry,
seafood, shellfish, dairy
products, cheese, eggs and
eggshells, rice, beans,
bread, pasta, coffee
grounds, and plate scrapings
of these materials. In the
event City directs that food -
Glass, plastics, metal, plastic
wrap, si lverware, plates, cups,
glasses, diapers, MSW, Single
Stream Recyclable Materials,
food processing liquids,
Hazardous Waste (including
chlorine, bleaches , ammonia,
other cleaning products) rocks,
dirt, pet waste . Food soiled
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Attachment B Scope of Work Page 91 of 92
Material Stream Acceptable Materials Unacceptable Materials (Contamination)
soiled paper products be
included, add: food soiled
paper towels, tissue
products, paper napkins,
paper plates and cups,
coffee filters, tea bags,
waxed paper, butcher paper,
BPI-certified compostable
utensils, single use PLA
cups, single serve coffee
brewing cups and other
plant-based utensils; paper
take-out boxes and
containers, greasy pizza
boxes, paper bags and
cardboard and wax -coated
cardboard produce boxes;
Loose green material from
the yard, grass clippings,
leaves, weeds, tree
pruning’s, bush pruning’s,
plant material, tree
trunks/stumps/branches 3”
or less in diameter
paper does not include
polystyrene, plastic -backed
paper, blue -line paper or
blueprints, kitty litter, any paper
containing plastics aluminum
foil or foil -lined food wrap ,
“biodegradable plastics” if
considered “Contamination” or
“non-compostable” by
Contractor’s Composting
Facility.
Rocks, dirt, sand, plastic bags,
MSW, Single -Stream
Recyclables, pet waste,
Hazardous Waste, HHW, tree
trunks/stumps/branches
greater than 3” in diameter
Source-Separated
Food Scraps
All food, fruits, vegetables,
meat and bones, poultry,
seafood, shellfish, dairy
products, cheese, eggs and
eggshells, rice, beans,
bread, pasta, coffee
grounds, and plate scrapings
of these materials. In the
event City directs that food -
soiled paper prod ucts be
included, add: food soiled
paper towels, tissue
products, paper napkins,
paper plates and cups,
coffee filters, tea bags,
waxed paper, butcher paper,
BPI-certified compostable
utensils, single use PLA
If Source -Separated Food
Scraps are going to
Bioengineered Feedstock
Processing Facility, Food
Soiled Paper is a Contaminant.
Other Contaminants: Glass,
plastics, metal, plastic wrap,
silverware, plates, cups,
glasses, diapers, MSW, Single
Stream Recyclabl e Materials,
food processing liquids,
Hazardous Waste (including
chlorine, bleaches, ammonia,
other cleaning products) rocks,
dirt, pet waste. polystyrene,
plastic-backed paper, blue -line
paper or blueprints, kitty litter,
any paper containing plastics
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Attachment B Scope of Work Page 92 of 92
Material Stream Acceptable Materials Unacceptable Materials (Contamination)
cups, single serve coffee
brewing cups and other
plant-based utensils; paper
take-out boxes and
containers, greasy pizza
boxes, paper bags and
cardboard and wax -coated
cardboard produce boxes;
aluminum foil or foil -lined food
wrap, “biodegradable plastics”,
rocks, dirt, sand, plastic bags,
MSW, Single -Stream
Recyclables, pet waste,
Hazardous Waste, HHW, Yard
Trimmings.
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ATTACHMENT C
Implementation Plan
(To be inserted from Proposal Form 13)
Item: 14
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ATTACHMENT D1
Proposed rates to be charged for both Cities assuming cross-jurisdictional efficiencies between the Lake Forest and Laguna Hills
(To be inserted from Proposal Forms 29a)
Item: 14
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ATTACHMENT D2
Proposed Rates to be Charged in Lake Forest Assuming No Cross-Jurisdictional Efficiencies
(To be inserted from Proposal Forms 29b)
Item: 14
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ATTACHMENT D3
Proposed Rates to be Charged in Laguna Hills Assuming No Cross-Jurisdictional Efficiencies
(To be inserted from Proposal Forms 29c)
Item: 14
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ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor
Attachment E-1 Page 1 of 5
Cart Design Requirements - The Carts shall be manufactured by injection or rotational molding and meet the Cart design requirements as specified below
1.1. Cart Manufacturer - Carts shall have single-piece product design with no seams and consistent wall thickness. Contractor shall endeavor to provide Carts from the same manufacturer for MSW, Recyclable Materials and Food Scraps/ Yard Trimmings throughout the Term, in order to create a uniform appearance of Cart aesthetics, shape and colors throughout the City. If, after making reasonable and timely efforts to obtain replacement Carts from the manufacturer used during the initial cart roll-out during the Term, Contractor may request City approval to provide replacement Carts from another manufacturer. City shall determine, in its sole discretion, whether the quality, features, sizes, Cart and lid colors and other characteristics of such Carts are equal to those of the Carts initially distributed and whether the proposed Carts meet the specifications in this Attachment E-1.
1.2. Capacity – Contractor shall provide Carts in three sizes for residential MSW, Recyclable Materials, and Food Scraps/Yard Trimmings Collection. Acknowledging the different sizes provided by the various Cart manufacturers, the Carts shall be uniform in appearance and must conform to the following ranges in size:
• 30 to 35-gallons,
• 60 to 70-gallons, and
• 90 to 95-gallons
1.3. Cart Handles – The Cart handles and handle mounts may be an integrally molded part of the Cart body or molded as part of the lid. Bolt-on handles are acceptable for all Carts except for those that will accept Food Scraps. The Cart handles will provide comfortable gripping area for pulling or pushing the Cart or lifting the lid. Pinch points are unacceptable.
1.4. Cart Lid – Each Cart shall be provided with a lid that continuously overlaps and comes in contact with the Cart body or otherwise causes an interface with the Cart body that simultaneously:
• Prevents the intrusion of rainwater, rodents, birds, and flies; • Prevents the emission of odors;
• Enables the free and complete flow of MSW, Recyclable Materials and Food Scraps/Yard Trimmings from the container during the dump cycle without interference with the material already deposited in the truck body or the truck body itself and its lifting mechanism;
• The lid handle shall be an integrally molded part of the lid; • Permits users of the Cart to conveniently and easily open and shut the lid throughout the serviceable life of the Cart;
• The lid (and body) must be of such design and weight that would prevent an empty Cart from tilting backward when flipping the lid open; • The lid shall be hinged to the Cart body in such a manner so as to enable the lid to be fully opened, free of tension, to a position whereby it may rest against the backside of the Cart body; and
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ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor
Attachment E-1 Page 2 of 5
• The lid shall be designed to be easily removed in the event of damage or failure. The hinge assembly shall not be capable of being readily removed by the public by hand or with ordinary tools.
1.5. Foot-Hold – Each Cart shall have a foot-hold area on the back of the Cart to allow for foot placement so as to assist in tilting back the Cart prior to rolling it. If Food Scraps are being placed in the Cart, the foot hold holes shall be sealed so that Food Scrap liquids do not leak through the holes.
1.6. Stop bar – Each Food Scraps/Yard Trimmings Cart shall have a molded, sealed stop bar that prevents leakage.
1.7. Cart Colors – All carts shall be a uniform color, including the Cart body and Cart lid .
The MSW, Recyclable Materials, Food Scraps/Yard Trimmings Carts will be differentiated by lid and body color. The colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Carts and lids shall be of the same matching color. The colors shall be as follows:
The color-coding scheme for all Residential Carts shall be grey for MSW Carts, green for Yard Trimmings Carts, and blue for Single Stream Recyclable Materials Carts
1.8. Wheel Design and Axle Assembly – Each Cart shall be equipped with an axle and two wheels, positioned on the bottom of the Cart to facilitate it being pushed or pulled with little effort with load weights up to its maximum load capacity as set forth in Section 2.2 of this Attachment E. If Food Scraps are being placed in the Cart, the axle holes shall be sealed so that Food Scrap liquids do not leak through the holes.
1.9. Identification Markings – For all new Carts distributed during the Term of the Agreement, the following markings shall be permanently marked on the exterior lid of each container in character size of no less than one (1) inch, the phrases:
In character size in the range of 1/4 to 3/4 inch, the following phrases:
DO NOT PLACE FLAMMABLE PRODUCTS
OR HOT ASHES IN THIS CONTAINER
DO NOT DISPOSE OR HAZARDOUS MATERIALS
IN THIS CONTAINER
NO PONGA PRODUCTOS INFLAMABLES O CENIZAS EN ESTE NO PONGA
MATERIALS PELIGROSOS EN ESTE RECIPIENTE
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ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor
Attachment E-1 Page 3 of 5
In character size in the range of 1/4 to 3/4 inch, the following item:
IDENTIFICATION CODE
The following markings shall be on the backside of the Cart.
In character size of no less than 1/4 inch, the phrase:
DO NOT TILT OR ROLL CONTAINER WITH LID OPEN
NO RUEDE EL RECIPIENTE CON LA TAPA ABIERTA
An arrow (at least 3 inches by 5 inches) shall be placed on the lid, indicating the direction of Cart placement.
In character size of no less than 3/16 inch, the phrase:
PLACE CONTAINER WITH ARROW FACING STREET FOR COLLECTION
COLOQUE EL RECIPIENTE CON LAS FLECHAS HACIA LA CALLE
1.10. Sticker Attachment Area - Cart lids shall have a molded depression no less than 5 inches tall and 11 inches wide where the Contractor shall attach a color, weather - proof adhesive label indicating the materials accepted in each of the Carts. Decals shall comply with the specifications set forth in Attachment B, Section 1.
1.11. Additional Parts – All parts necessary for the Cart to be complete and ready for operation and use by the residents of the City shall be furnished by the Contractor.
1.12. Replacement Parts – All replacement and repair parts and components shall be of the same or better quality as the original parts provided to the City and must meet the same requirements as set forth in Section 2 of this Attachment E – Cart Performance Requirements.
1.13. Recycled Content – All Carts shall contain at least 10% Post-Consumer Recycled Content and at least 50% Post Industrial Recycled Content.
1.14. Cart Identification System – All Carts shall have a unique serial number, and/or barcode, and/or RFID device for tracking inventory and linking inventory back to accounts.
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ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor
Attachment E-1 Page 4 of 5
2. Cart Performance Requirements – All Carts shall be designed and manufactured to meet the minimum performance requirements described below.
2.1 Minimum Service Life – Carts shall have the capability for continual, uninterrupted use as MSW, Recyclable Materials and F ood Scrap/Green Waste Carts in Residential applications as set forth in the Agreement for a minimum period of ten (10) years, herein referred to as the “Minimum Service Life.” The Minimum Service Life shall be measured from the date of delivery or distribution.
2.2 Cart Load Capacity – Depending on the capacity, the Carts shall have a minimum load capacity as noted below without Cart distortion, damage, or reduction in maneuverability or any other functions as required herein.
Cart Size (Gallons) Minimum Load
Capacity (LBS)
90-95 200
60-70 130
30-35 70
2.3 Cart Durability – Carts shall remain durable, and at a minimum, shall meet the follow durability requirements to satisfy its intended use and performance, for a period of ten (10) years:
• Maintain its original shape and appearance;
• Be resistant to kicks and blows;
• Require no routine maintenance and essentially be maintenance free; • Not warp, crack, rust, discolor, or otherwise deteriorate over time in a manner that will interfere with its intended use;
• Resist degradation from ultraviolet radiation;
• Be incapable of penetration by biting or clawing of household pets (i.e., dogs and cats);
• The bottoms of Cart bodies must remain impervious to any damage, that would interfere with the Cart’s intended use after repeated contact with gravel, concrete, asphalt or any other rough and abrasive surface; • All wheel and axle assemblies are to provide continuous maneuverability and mobility as originally designed and intended; and,
• Resist degradation by other airborne gases or particulate matter currently present in the ambient air of the City.
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ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor
Attachment E-1 Page 5 of 5
2.4 Chemical Resistant – Carts shall resist damage from common household or residential products and chemicals. Carts, also, shall resist damage from human and animal urine and feces.
2.5 Stability and Maneuverability – The Carts shall be stable and self-balancing in the upright position, when either empty or loaded to its maximum design capacity with an evenly distributed load, and with the lid in either a closed or open position.
All Carts shall be capable of maintaining the upright position in sustained or gusting winds of up to 25 miles per hour as applied from any direction.
The Carts shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in weight to its maximum design capacity on a level, sloped or stepped surface.
2.6 Lid Performance – Cart lid assemblies shall meet the following minimum requirements:
• Prevent damage to the Cart body, the lid itself , and to any component parts through repeated opening and closing of the lid by Residents or in the dumping process as intended;
• Remain closed in winds up to 25 miles per hour from any direction. All lid hinges must remain fully functional and continually hold the lid in the original designed and intended positions when either opened or closed; and, • Lids shall be designed and constructed such that it prevents physical injury to the user while opening and closing the Cart.
2.7 Reparability – Minor cracks, holes, and other damages to hinges, wheels, axle, hardware, and other component parts shall be readily repairable by the Contractor’s personnel with minimum training and supervision. All repairs shall be capable of being performed by one person in the field. All repairs must restore the container to its full functionality to meet the design and performance requirements as set for herein.
3. Cart Ownership and Maintenance Responsibilities – The Company shall be responsible for Cart repair and maintenance, graffiti removal, and replacing lost, stolen or damaged Carts at no additional charge to the Customer or to the City. Contractor shall own the Carts during the Term. The City reserves the right to have the Contractor remove the carts at the end of the Term at no charge to the City.
The following numbers, specifications, and types of containers shall be furnished by contractor, as described in Attachment E-2.
Item: 14
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ATTACHMENT E-2
Number and Types of New Containers to be Furnished by Contractor
(To be inserted from Proposal Form 12)
Item: 14
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ATTACHMENT F1-1
New Collection Vehicles to be Furnished by the Contractor
(To be inserted from Proposal Form 8)
Item: 14
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ATTACHMENT F-2
Plan to Provide Light-Weight Collection Vehicle by Contractor
(To be inserted from Proposal Form 9)
Item: 14
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ATTACHMENT F-3
Electric Collection Vehicle to be Furnished by Contractor
(To be inserted from Proposal Form 10)
Item: 14
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ATTACHMENT F-4
Plans to Incorporate On-Board Technology on Collection Vehicles to Increase Safety and Efficiency and for Contamination Monitoring
(To be inserted from Proposal Form 11)
Item: 14
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ATTACHMENT G
Contractor Furnished Personnel and Names of Key Personnel
(To be inserted from Proposal Form 7)
Item: 14
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ATTACHMENT H
Proposers Plan for Bulky Collection Day
(To be inserted from Proposal Form 33)
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ATTACHMENT J
Annual Adjustment of Maximum Rates Contractor May Charge
Attachment J Page 1 of 6
The original “Collection”, “Processing”, “Disposal” , and “Non -escalating Capital” components of the maximum rates that Contractor may charge to Customers are identified in Attachment D and each component shall be adjusted according to the following procedures. No Adjustments will be made to any rate component that was proposed as “0” or as a negative value rate component upon the Effective Date of the Agreement. The City may make adjustments to the Regulatory Compliance Cost component, SB 1383 Procurement Cost component, and Pavement Impact Cost component based on changes in actual cost. The methodology used to adjust these costs is described in Attachment W.
The following rounding protocol shall be used in the calculations described herein: For the calculation of the percentage change in all indexes described in this Attachment J, the calculations shall be rounded to one decimal place. (Example: 2.3 % or 0.2 %). For calculation of all rates and rate components described in this Attachment J, the calculations shall be rounded to two decimal places. (Example: $2.39). The numbers 1,2,3, and 4 in all calculations shall be rounded down. (Example: If the result of the calculation were 7.344, the final figure would be 7.3.) The numbers 5, 6, 7, 8 and 9 in all calculations shall be rounded up. (Example: If the result of the calculation were $3.468, the final figure would be $3.47).
In the event that the standard reference base period for any index used herein is revised, the calculations will be performed using the officially released data published by the Bureau of Labor Statistics.
If an index used herein is discontinued, the successor index with which it is replaced, shall be used for subsequent calculations. If no successor index is identified by the Bureau of Labor Statistics, the government index which is most comparable shall be used.
1. ANNUAL ADJUSTMENT METHOD AND DISPOSAL COST
ADJUSTMENT METHOD FOR MAXIMUM RATES IN
ATTACHMENT D
A. ADJUSTMENT FOR COLLECTION COMPONENT OF ANNUAL RATE
BASED ON PPI
Perform the following calculations based upon the most current adjusted Collection component of the rate. The initial adjustment shall be applied to the Collection component of the rate as identified in Attachment D beginning July 1, 2026.
Step One. Calculate the percentage change in the Producer Price Index for Natural Gas (Series ID WPU0531). The first adjustment to be made on July 1, 2026 shall be calculated by:
Item: 14
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ATTACHMENT J
Annual Adjustment of Maximum Rates Contractor May Charge
Attachment J Page 2 of 6
1) Calculate the value of the annual average change in the ‘Natural Gas’ PPI for the twelve -month period spanning January 20 24 through December 2024. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12. 2) The 20 25 annual average value shall then be calculated for the period January 20 25 through December 20 25. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12.
3) Next, the percentage change for the final Natural Gas PPI shall be determined by calculating the annual change between the 20 24 to 2025 values. The annual change shall be calculated by taking the difference between the 2024 and 2025 annual averages and dividing this by the 2024 annual average. For example, if the 2024 annual average was 100 and the 2025 annual average was 110, the change in these values would be 10% ((110-100)/100).
This same calculation shall be performed by comparing the average of the prior twelve-month period ending on December 31 for every year of the Term.
Step Two. Calculate the fuel costs by subtracting the portion of the Collection component of the rate attributed to fuel by multiplying Collection by 15%.
Step Three. Multiply the fuel cost (15% of Collection) by 1 plus the percentage change in preliminary PPI for Natural Gas. If the PPI percentage change is negative, then 15% of Collection will be adjusted downward; and if the PPI percentage change is positive, then 15% of Collection shall be adjusted upward.
The percentage change shall not exceed 25% for a percentage increase, or -25% for a percentage decrease, per annum.
Step Four. Calculate the percentage change using the annual average value of the Producer Price Index for ‘Final Demand - Finished Goods Less Food and Energy’ (Bureau of Labor Statistics Series ID WPUFD4131). The first adjustment to be made on July 1, 2026 shall be calculated by:
1) Calculate the value of the annual average change in the ‘Final Demand - Finished Goods Less Food and Energy ’ PPI for the twelve-month period spanning January 2024 through December 2024. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12.
2) The 2025 annual average value shall then be calculated for the period January 20 25 through December 20 25. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12.
3) Next, the percentage change for the final Finished Goods Less Food and Energy PPI shall be determined by calculating the annual change between Item: 14
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ATTACHMENT J
Annual Adjustment of Maximum Rates Contractor May Charge
Attachment J Page 3 of 6
the 2024 to 2025 values. The annual change shall be calculated by taking the difference between the 20 24 and 2025 annual averages and dividing this by the 2024 annual average. For example, if the 20 24 annual average was 100 and the 2025 annual average was 110, the change in these values would be 10% ((110-100)/100).
This same calculation shall be performed by comparing the average of the prior twelve-month period ending on December 31 for every year of the Term. The percentage change shall not exceed 5% per annum. In the event the calculated average percentage change in the PPI is negative , the rate adjustment shall be zero (0).
Step Five. Multiply the Collection component of the rate by 85% to calculate the Collection fee less fuel costs.
Step Six. Multiply the Collection fee, less fuel costs (85% of Collection) by 1 plus the percentage change in PPI for Finished Goods similar to the calculation shown in Step Four above.
Step Seven. Add the Collection component adjusted for fuel costs (15% of Collection as calculated in Step 3 ) to the Collection component less fuel costs (85% of Collection as calculated in Step 6 ) for the total adjusted Collection component of the rate.
Sample Rate Adjustment Calculation for Change in PPI
(All numbers are examples only and are used here for illustration purposes).
Example Assumptions:
Final Annual Average PPI for Finished Goods (old) 140.00 Final Annual Average PPI for Finished Goods (new) 144.00 Final Annual Average PPI for Natural Gas (old) 237.4
Final Annual Average PPI for Natural Gas (new) 270.7
Current Residential Recycling Cart Collection Rate $ 0.91 Current Commingled 3-yd bin Collection Rate $32.28
Step One. Calculate average annual percentage change in PPI for Natural Gas.
270.7 - 237.4 = (33.3/237.4) X 100 = 14.0%
Step Two. Calculate average annual percentage of Collection attributable to fuel costs (= 15%).
Residential Collection Rate: $.91 X .15 = $.14
3 yd. Bin Collection Rate: $32.28 X .15 = $4.84
Item: 14
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ATTACHMENT J
Annual Adjustment of Maximum Rates Contractor May Charge
Attachment J Page 4 of 6
Step Three. Apply annual percentage change of PPI for Natural Gas to fuel costs calculated in Step Two.
Residential Collection Rate: $.14 X 1.14 = $.16
3 yd. Bin Collection Rate: $4.84 X 1.14 = $5.52
Step Four. Calculate average annual percentage change in PPI for Finished Goods.
144 – 140 = (4/140) 100 = 2.9%
Step Five. Calculate Collection less fuel costs (= 85%).
Residential Collection Rate: $.91 X .85 = $.77
3 yd. Bin Collection Rate: $32.28 X .85 = $27.44
Step Six. Apply annual percentage change of PPI for Finished Goods to Collection fee less fuel costs calculated in Step Five.
Residential Collection Rate: $.77 X 1.029 = $.79
3 yd. Bin Collection Rate: $27.44 X 1.029 = $28.24
Step Seven. Add the rates calculated in step three and step six to calculate the total adjusted Collection rate.
New Residential Collection Rate: $.16 + $.79 = $.95
New 3 yd. Bin Collection Rate: $5.52 + $28.24 = $33.76
B. ADJUSTMENT FOR PROCESSING COMPONENT OF ANNUAL RATE
BASED ON PPI
Perform the following calculations of the most current adjusted Processing component of the rate. The initial adjustment shall be applied to the Processing component of the rate as identified in Attachment D beginning July 1, 2026.
Step One. Calculate the percentage change in the ‘Final Demand - Finished Goods Less Food and Energy’ (Bureau of Labor Statistics Series ID WPUFD4131).
The change in the PPI shall be the average of the twelve-month period ending on December 31 as compared to the prior year’s average percentage change during the 12 -month period ending on December 31 . The change allowed shall not exceed 5% per annum. In the event the percentage change in the PPI is negative, the adjustment for the Processing component of the rate shall be zero.
Step Two. Multiply the Processing component of the rate by 1 plus the percentage change in the annual average PPI.
Item: 14
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ATTACHMENT J
Annual Adjustment of Maximum Rates Contractor May Charge
Attachment J Page 5 of 6
Step Three. In the event the calculated percentage change in the PPI is negative, the rate adjustment shall be zero (0).
Sample Rate Adjustment Calculation for Change in PPI
(All numbers are examples only and are used here for illustration purposes).
Example Assumptions:
Final Annual Average PPI for Finished Goods (old) 140.00 Final Annual Average PPI for Finished Goods (new) 144.00 Current Residential Recycling Cart Processing Rate $ 2.48 Current Single-Stream 3 yd. Bin Processing Rate $18.16
Step One. Calculate percentage change in PPI.
144-140 = (4/140) 100 = 2.9%
Step Two. Apply percent change to Processing component of rate.
Residential Processing Rate: $2.48 X 1.029 = $2.55
3 yd. Bin Processing Rate: $18.16 X 1.029 = $18.69
C. ADJUSTMENT FOR CHANGE IN DISPOSAL CHARGE (TIP FEES)
APPLIES ONLY WHEN TIPPING FEE ACTUALLY CHANGES
(INCREASES OR DECREASES)
Step One. Calculate the percentage change in the Disposal Charge per ton, based upon the change between the most recent tipping fee on which rates are based, and the new tipping fee.
Step Two. Apply the resulting percentage change to the most current Disposal component of rate by multiplying the Disposal component by 1 plus the percentage change. If the percentage change is negative, then the Disposal Charge will be adjusted downward; and if th e percentage change is positive, then Disposal Charge shall be adjusted upward.
Sample Rate Adjustment Calculation for Change in Disposal Charge (All numbers are examples only and are used here for illustration purposes)
Example Assumptions:
Disposal Tip Fee (old) $30.00/ton
Disposal Tip Fee (new) $35.00/ton
Current Disposal Charge
Component of Residential MSW Cart rate $ 0.11
Current Disposal Charge
Item: 14
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ATTACHMENT J
Annual Adjustment of Maximum Rates Contractor May Charge
Attachment J Page 6 of 6
Component of 3 yd. Bin rate $1.01
Step One. Calculate percentage change in Tip Fee.
$35.00 - $30.00 = ($5/$30.00) 100 = 16.7%
Step Two. Apply percent change to Disposal Charge component of existing rates.
Residential Disposal rate: $.11 x 1.167 = $.13
3 yard Bin Disposal rate: $1.01 x 1.167 = $1.18
D. NO ADJUSTMENT TO NON-ESCALATING CAPITAL COMPONENT
The capital component of the rate will not be adjusted at any point during the term of the Agreement.
Sample Rate Adjustment Calculation for Non-escalating Capital Component (All numbers are examples only and are used here for illustration purposes)
Example Assumptions:
Capital cost (old) $1.00
Capital cost (new) $1.00
No adjustment in capital cost component.
E. CALCULATE TOTAL ANNUAL MAXIMUM RATE
Step One. Add the adjusted Collection Component of the Rate (as adjusted in A. above), the adjusted Processing Component of the Rate (as adjusted in B. above), the adjusted Disposal Component of Rate (as adjusted in C. above) , and the non -adjusted capital component (as shown in D. above) to calculate total rate for service. Note: the Disposal Component of Rate will not be adjusted up or down if the tipping fee has not changed.
Example (using figures in previous examples included in this Attachment J):
Adjusted Residential Rate: $.95 + $2.55 + $.13 + $1.00 = $4.63 Adjusted 3 yd. Bin Rate: $33.76 + $18.69 + $1.18 + $1.00 = $54.63 Item: 14
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ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 1 of 9
The reports listed and described in this Attachment K shall be submitted to City by Contractor on the dates and schedules specified herein . The City has the right to request additional reports, to direct Contractor to modify report format and layout, and to require that Contractor use City report formats. All report formats shall be approved by City and shall be submitted electronically (i.e. via e-mail attachment). Paper copies shall be made available upon request by the City. The reporting year shall be the Calendar Year (i.e. January 1 through December 31).
For the initial year of the Term, the reporting period shall be July 1, 2025 through December 31, 2025. City will work with Contractor during the transition and the first year of operations to tailo r and refine reporting formats to the City’s desired level of detail.
For all monthly, quarterly, and annual reports , Contractor shall provide a certification statement, signed under penalty of perjury by the responsible corporate official, that the rep orts are true and correct.
Monthly Reports
Monthly reports shall include a Year -To-Date summary. Monthly reports shall be submitted within twenty-five (25) calendar days after the end of each month for information on preceding months. The information l isted may be combined into one or several reports and shall be the minimum reported:
1. Diversion Program(s) tonnage and goal summary listed by program and DPS Code.
2. Calculation of the Diversion rate achieved year-to-date.
3. Tons Collected and Diverted by Sector: Tons Collected and the Tons Diverted in the City (using the characterization study -derived Diversion and R esidue percentages - see Attachment N). Tons Collected and Diverted shall be grouped by class of Customer (e.g.
Commercial, Multi-Family, Single Family Dwelling, Roll Off and Compactor Service, etc.) and also by each type of Collection s ervice for each class of Customer, as described below:
• Single Materials Recyclables Tons Collected and Diverted from Commercial, Multi-Family, and Roll-off Customers
• Single Stream Recyclable Materials Tons Collected and Diverted from Commercial, Multi-Family, Roll-off, and Residential Customers • Food Scrap Tons collected from Commercial, Roll-off, and, if directed by the City, Multi-Family and Residential Customers
• Yard Trimmings Tons Collected and Diverted from Commercial, Multi-Family, Roll-off, and Residential Customers
• Co-collected Food Scraps and Yard Trimmings Tons Collected and Diverted from Commercial, Multi-Family, Roll-off, and Residential Customers (if d irected by the City)
• Stable Bedding and Manure collected from Residential, Commercial, Multi-family, and Roll-off Customers
• MSW Tons Collected from Commercial, Multi-Family, Roll -off, and Residential Customers
Item: 14
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ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 2 of 9
4. Tons Delivered to, and Diverted by, Processing Facilities: Report shall list the number of Tons that were delivered to, and Diverted by, each Compos t Facility, Clean MRF, Construction and Demolition Debris Processing Facility , Bioengineered Feedstock Facility, Stable Bedding and Manure Processing Fac ility, and all other Processing Facilities used. Diversion rates shall be based upon the results of the characterization studies described in Attachment N.
5. All Materials Diverted by Contractor . Statement showing types of material s and quantities sold (in Tons).
6. Number of Tons of MSW Disposed during th e month from both Contractor’s C ollection routes and Tons of Residue Disposed from each Processing F acility used by Contractor to process Recyclable M aterials, Yard Trimmings, Food Scraps, Co -collected Food Scraps and Yard Trimmings, and Construction and Demolition Debris for materials from City. The report shall include backup documentation showing how the Tons of Residue from each Facility were calculated and allocated to City. The report shall also incl ude the name, telephone number and e -mail address of the contact person at each Processing Facility that the City can contact with questions about the allocations and/or reported Residue percentages and/or the number of Tons processed from City.
7. Narrative s ummary of problems encountered including scavenging , incidents of Contamination found during on -site field Container C ontamination audits, includin g a listing of specific location addresses for each and actions taken with recommendations for the City, as appropriate.
8. An on-going listing of “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” who, despite the Sustainability Coordinator’s adherence to the required implementation steps included in Attachment B Section 3.7, still refuse to implement the required State-mandated Diversion programs. The listing shall include all interactions and attempts to bring the Cu stomer into compliance with state laws by implementing a Diversion program.
9. Summary of service complaint s, with a description of the nature of the complaint and how it was resolved . Reports shall include customer service metrics including, but not limited to, number of inbound customer service calls, average time spent per call with customer, average monthly hold time for customers, average number of rings before a call was answered, number of instances of a customer selecting and receiving a call - back in lieu of a hold, number of escalations to a customer service manager, number of calls that were not answer ed, and all other metrics described in Section 9.04.C of the Agreement.
10. Summary, and type, of Customers that implemented Diversion services the previ ous month and/or cancelled service. The reasons for cancelled service must be provided with report.
11. The City is exploring the use of an outside vendor (Recyclist) to provide Cus tomer Relationship Management (“CRM”) software to track Diversion program implementation and to comply with certain CalRecycle SB 1383 reporting requirements. The City anticipates that much of the customer interaction reporting that is required to be included in the Red/Green listing may no longer be needed when Recy clist is fully implemented.
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ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 3 of 9
During the evaluation of the functionality and accuracy of reporting of the City’s prospective vendor (Recyclist) Contractor shall track all Customer interactions using both the Red/Green listing and the Recyclist CRM system, as described her ein. During the first year of the Term, both reporting systems shall be utilized and evaluated. Upon the City’s satisfaction that the Recyclist is comparable to the Red/Green Listing reports provided, a meeting will be held between City and Contractor on or before November 30, 2025 and, at the sole discretion of the City, either one or both of the reporting s ystems will be utilized for the next calendar year of the Term. This process will be repeated each year of the Term to determine the reporting system( s) to be utilized for the upcoming calendar year. The parties anticipate that the types, functions and cos ts of CRM software will continue to evolve over the Term and City may direct Contractor to utilize new, different and/or enhanced CRM reporting system(s) in the future.
a. Red/Green Listing Customer Interaction Tracking Requirement:
Sustainability Coordinator’s activity, tracked in a color-coded Red/Green Tracking Spreadsheet. Customers are shaded red to indicate non-compliance and shaded green to indicat e compliance. The Red/Green Tracking Spreadsheet lists and describes all individual interactions with busi nesses, including the date, a description of, and the nature of each outreach/contact effort; status of program implementation or educational efforts; issues with recycling such as Contamination or overflow; objections to implementing Diversion programs; individual compliance status with AB 341, AB 1826, SB 1383; the Customer type (i.e. Commercial, Multi-Family, Gated Development/HOA/Mobile Home Park wi th Centralized Bin Service, Food Service Establishment, City Account); waiver status; if the Customer has shared service; if the Customer has an internal program to Divert materials; and other information as directed by the City. The results from most rece nt on -site field Container Contamination audits, as described in Attachment N, shall also be included in t he Red/Green Tracking Spreadsheet for each account and for each line of service used by each account.
Accounts that are listed as “Non -Compliant Custo mers R eferred to Ci ty for Compliance Action Under Mandatory Ordinance” shall also be color -coded accordingly.
b. City’s Customer Relationship Management System (CRM) Tracking Requirement: Sustainability Coordinator’s activity, tracked using the City’s Customer Relationship Management (CRM) system to which the Contractor will have access, showing individual interactions with businesses, including the date, a description of, and the nature of each outreach/contact effort; status of program implementation or ed ucational efforts; issues with recycling such as Contamination or overflow; objections to implementing Div ersion programs; individual compliance status with AB 341, AB 1826, SB 1383; the Customer type (i.e. Commercial, Multi-Family, Gated Development/HOA/Mobile Home Park with Centralized Bin Service, Food Service Establishment, City Account); waiver status; if the Customer has shared service; if the Customer has an internal program to Divert materials; and other information as directed by the City. The results fr om most recen t on -site field Container Contamination audits, as described in Attachment N, shall als o be included in the City’s CRM tracking system for each account and for each line of service used by each account.
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ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 4 of 9
12. The number of warning notices is sued to Customers for Contamination and the account information associated with these notices pursuant to Sections 2 and 3 of Attachment B.
13. The number of warning notices issued to Customers for Non -containerization and/or Overfull containers and the acco unt information associated with t hese notices pursuant to the protocol in Attachment B.
14. Number of Commer cial, Multi-Family, Single Family Dwelling , and public right -of-way Bulky Goods pick-ups and Tons of bulky items delivered for repair, re-use, re-purposing, or recycling and Tons Disposed.
15. A listing of all accounts, in Excel format, including:
a. Customer number
b. Customer name
c. Account type (Commercial, Multi-Family, Gated Development/HOA/Mobile Home Park with Centralized Bin Service, Food Service Establishment, City Account) d. Street address
e. Billing address
f. All service information, including
i. Line of service (i.e. MSW, Food Scraps, Recyclable Materials) ii. Container inventory
iii. Container size
iv. Frequency of collection
v. Collection days
vi. Monthly rate collected
g. Service Contact name
h. Service Contact number
i. Billing Contact Name
j. Billing Contact Number
16. Number of Customers participating in Diversion programs provided by Contractor (i.e.
Single Material Recyclables Collection Program, Single Stream Recyclable Material s Collection Program, F ood Scraps Div ersion Program, Composting Program, Bioengineered Feedstock, Stable Bedding and Manure Program, etc.). This section of the report must also include the total number of Containers (Bin, Carts, Split Bins, etc.) in use for Single Material Recycling, Single Str eam Recyclables, Food Scrap Diver sion, Composting, Bioengineered Feedstock, and MSW Collection/Disposal service.
17. Number of R esidential accounts with Extra Cart service for all streams (MSW, Recyclables, and Co-collected Trimmings and Food Scraps).
18. Number of Residential accounts participating in On Premises (backyard/side yard wheel- out) service.
19. Number of Sharps containers distributed, collected and number of pre-paid mailer sharps kits distributed to residents during the prior calendar month. Location in City that Customers can pick up kits (in addition to having them mailed to homes).
20. HHW monthly report per Section 4 of Attachment B.
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ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 5 of 9
21. The number of kitchen pails and slim jims distributed during the reporting period.
22. A summary table of SB 1383 compliance information, including the following items:
a. Residential SB 1383 compliance
i. The total number of Residential Customers that have a Recycl able Materials Program, Co -collected Yard Trimmi ngs/Food Scrap Diversion Program provided by Contractor.
ii. The number of Residential Customers that do not have a Recycl able Materials Program or a Co-collected Yard Trimmings /Food Scrap Diversion Program provided by Contractor.
iii. The number of Residential Customers that have refused service (for any stream: MSW, Recyclable Materials and/or Food S craps/Yard Trimmings).
b. Multi-Family SB 1383 compliance
i. The total number of Multi-Family Customers that have a Recycl able Materials Program, Co -collected Yard Trimmings /Food Scrap Diversion Program provided by Contractor.
ii. The number of Multi-Family Customers that do not have a Recycl able Materials Program or a Co-collected Yard Trimmings /Food Scrap Diversion Program provided by Contractor.
iii. The number of Multi-Family Customers that have refused to participate in the re quired Recyclable Materials and Food Sc rap/Yard Trimmings Diversion program(s) and have been placed on the listing of “Non - Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance”
iv. The number of Multi-Family Customers that have that ha ve a diversion program not provided by the Contractor (i.e. a City -verified thir d-party organics collection service with local processing, community Composting program, landscaper, etc.)
c. Commercial SB 1383 compliance
i. The total number of Commercial Customers that have a Recycl able Materials Program, Co -collected Yard Trimmings /Food S crap Diversion Program provided by Contractor.
ii. The number of Commercial Customers that do not have a Recyc lable Materials Program or a Co-collected Yard Trimmings /Food Scrap Diversion Program provided by Contractor.
iii. The number of Commercial Customers that have refused to participate in the required Recyclable Materials and Food/Scrap/Yard Trimmings Diversion p rogram(s) and have been p laced on the listing of “Non - Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance”
iv. The number of Commercial Customers that have that have a diversion program not provided by the Contractor (i .e. a Ci ty-verified third -party organics collection service with local processing, backhaul program, landscaper, etc.)
23. Written record of all Hazardous Wast e discovered through the Hazardous Waste exclusion program described in Article 5 of the Agreement.
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ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 6 of 9
24. Number of accounts with Bin S ensors installed and average bin fullne ss at time of service for the reporting period for each stream type with sensors instal led (i.e. average bin fullness at time of service for all MSW containers with sensors installed, a verage bin fullness at time of service for all recycling containers with sensors installed, etc.).
25. Number of accounts th at are delinquent in their payments a nd have had their collection service terminated as a result.
26. Number of accounts that were delinquent in their payments, had their collection service terminated, and have now paid the account and restarted service.
27. Number of accounts that permanently discontinued collection service as described in Section 1.4 of Attachment B.
28. Detail showing how the collection tonnage of materials collected and weighed using on- board scales in each City and each sector (Commercial and Multi-family) was allocated.
29. Program data for use in City ’s C&D tracking so ftware, including d ata needed to administer Green Halo.
30. Collection tonnage and/or volumes from City -directed programs, includi ng Saguaro Alley, public right-of-way collection, bus shelter collection, City Facility programs, special events, etc. that occurred during the reporting period
Quarterly Reports
Within 30 days after the comp letion of each quarter of the Cal endar Year, Contractor shall submit a Quarterly Report. The report shall provide a quarterly summ ary of the monthly reports in addition to the following at a minimum:
1. Report of any Characterization Studies completed durin g the r eporting quarter as described in Attachment N.
2. Copies of all promotional and all public education materials sent during the quarter, including, but not limited to, hard copies direct-mailed to Customers , bill inserts sent to Customers, electronic notifications to Customers , social media postings, and all other materials.
3. A narrative description of problems encountered and act ions taken, including efforts to deter and prevent Scavenging and Contamination of Recyclable Materials, Yard Trimmings/Wood, Food S craps, Stable Bedding and Manure, and Construction an d Demolition Debris. The narrative is to include a description of T ons rejected for sale after processing (type of material, tonnage), reason for rejection , and Contractor’s Disposal method for the rejected materials.
4. Recycling sales revenue by type of material marketed on a gross and net basis.
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ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 7 of 9
5. Tons delivered inbound to each Composting facility, Tons of final product sold and end - users/markets for finished compost.
6. A list and narrative description of monthly t rainings held on prevention of spills of fl uids from Collection vehicles, including employee group(s) trained, the trainer that presented each training and the topics covered.
7. Compost giveaway and workshop events – report within 30 days of event with number of participants and quantity of compost distributed and origin of compost.
8. Employee trainings held during the quarter as required by Agreement Se ction 5.01 .C (spill/Hazardous Waste trainin g) and Agreement Section 9.04.C (Customer Service Representative training).
9. Inventory of R esidential curbside C ontainers by size and stream and record of replacement and repair of the Carts for the previous quarter as described in Section
1.6.1.11 of Attachment B Scope of Work.
10. For the Q2 report , information re: the annual curbside bulky item collection event , including number of participating households, tonnage collected, inf ormation from the charities re: collection and participation data, etc.
11. For the quarters when there is an HHW drop-off event, information re: tonnage collected, participation levels, materials diverted, etc. The data shall be broken out in a manner that can be easily entered into CalRecycle’s annual Form 303 online interface.
12. A summary of allocation calculations conducted to allocate cross-jurisdictional and cross sector tonnages as described in Attachment CC.
Annual Reports
On or before March 1 5, 2026, and on or before March 15 in all subsequent years of the Term, Contractor shall submit to t he City a written year-end Annual Report, in a form approved by the City. The annual report shall include information as to timel y compliance with Contractor’s Diversion obligations and MSW C ollection and the following information for the Calendar Year then ending (Note: the report to be submitte d on or before March 15, 202 6, shall be for the portion of the calendar year 2024 during which Contractor provided to City the services required by the Agreement).
1. Annual SB 1383 compliance status report, with a de tailed work plan to meet minimum performance standards and earning of e xtension(s) set forth in Article 10 of the Agreement.
2. A report of the previous Calenda r Year ’s activities in the City, including a cumulative summary of the Monthly and Quarterly Repor ts, and inf ormation and statistics with respect to City’s compliance with the Act.
3. A complete inventory of equipment used to provide all services , including listing of the following items:
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ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 8 of 9
a. Vehicles in service
i. model year of the body for each vehicle in service
ii. model year of the chassis for each vehicle in service iii. vehicle unit number for each vehicle in service
iv. VIN number for each vehicle in service
v. license plate number for each vehicle in service
vi. Route allocation
b. Containers by size and material or waste stream type
4. Number of routes, type of route, and route hours per day.
5. Number of accounts and Cart information as requested in the Monthly reports.
6. A summa ry table showing c ontamination rates (in percent) , by stream and by sector, using the results from the waste characterizations that are required by Attachment N that occurred during the reporting period.
7. Changes in Solid Waste management and R ecycling/Diversion efforts, including projections and proposed implementation dates and costs, recommen ded by Contractor and recommended amendments to the City’s Source Reduction and Recycling Element based on developments in technology or additional Diversion opport unities identified by Contractor. Contractor’s recommendations with respect to com pliance with the Act and other Diversion requirements shall state the specific requirement that the implementation of the recommendation(s) is intended to satisfy.
8. Number of Sharps con tainers distributed, collected and number of pre -paid mailer sharps kits distributed to residents during the prior calendar year. Samples and copies of public education materials and web site information on proper sharps disposal distributed during the prior year.
9. Total number of Customers that used special C ollection programs, including number of Single Family Dwelling and Multi-Family Dwelling Customers that requested Bulky item collection, and Sharps collection/mail-back programs.
10. Annual report on HHW program including roll up tot als for all twelve (12 ) months of the program for Customers served, tons of each material type diverted, recycling and/or disposal facilities used.
11. Total number of Customers that attended Compost giveaway event(s) and the number of tons of compost distributed during the event(s).
12. Total number of Customers that attended each Composting Workshop and date, location and presenter for each workshop.
13. Results of the Audit of Commercial Billings completed each July as described in Section
1.3.4 of the Attachment B Scope of Work.
14. Number of temporary vacation stops as described in Section 1.4 of Attachment B Scope of Work.
Item: 14
823
ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 9 of 9
15. SB 1383 reporting items
a. The number of total generators receiving Food Scraps/Yard Trimmings Collection service
b. Number of route reviews conducted
c. Number of waste characterizations conducted
d. Number of field Container Contamination audits conducted e. Number of times notices or targeted education materials were issued by Contractor
f. The number of notifi cations received from a solid waste facility operator regarding materials Contamination
g. Number of households that do not have Food Scraps/Yard Trimmings cart h. Number of households that do not have Recyclable Materials cart
16. Tons of Holiday Greenery collected from Residents and Multi-family Customers.
Exhibit K.1. Example of Red/Green Tracking Spreadsheet Account Listing
Item: 14
824
ATTACHMENT L
Performance Bonds for Each City
Attachment L Page 1 of 4
PERFORMANCE BOND FOR LAKE FOREST
KNOW ALL PERSONS BY THESE PRESENTS, that
_______________________________________________________ hereinafter called the PRINCIPAL, and _________________________________________ _________________________________________________, a corporation duly organized under the laws of the State of ______________having its principal place of business at ______________________________________________, in the State of _________________, and authorized to do business as an admitted surety insurer in the State of California, hereinafter called the SURETY, are held and firmly bound to the City of LAKE FOREST , a municipal corporation in the State of California, hereinafter called the OBLIGEE , in the sum of __________________ Dollars ($____________) lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS, the PRINCIPAL has entered into an Agreement with the OBLIGEE for the Collection, Transportation Processing and Diversion of Recyclable Materials, Food Scraps and Green Waste and For the Collection, Transportation and Disposal of Municipal Solid Waste ("Agreement") and said PRINCIPAL is required under the terms of said Agreement to furnish a bond of faithful performance of said Agreement.
NOW, THEREFORE, if the PRINCIPAL shall well and truly perform and fulfill all of the undertakings, covenants, terms and agreements of said Agreement, and any modification thereto made as therein provided, at the time and in the manner therein specified, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.
The SURETY, for value received, hereby agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under, or the specifications incorporated therein shall impair or affect its obligations and its bond, and it hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or the specifications.
PROVIDED, however, that the SURETY shall not be liable (1) as respects to any obligations related to said Agreement occurring after one (1) year from (MONTH), 2025, unless this Bond is extended, (2) as respects to PRINCIPAL'S obligation to procure a replacement performance bond, as provided for in Section 13.03 of the Agreement. This Bond may be extended after (MONTH) 2025 in the sole discretion of the SURETY by means of a continuation certificate signed at least ninety (90) days prior to (MONTH), 2025 and thereafter at least ninety (90) days prior to the expiration of the Bond as extended.
In the event suit is brought upon this Bond by the OBLIGEE and said OBLIGEE is the prevailing party, the SURETY shall pay, in addition to the sums set forth above, all costs Item: 14
825
ATTACHMENT L
Performance Bonds for Each City
Attachment L Page 2 of 4
incurred by the OBLIGEE in such suit, including reasonable attorneys' fees to be fixed by the court.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument this ____ day of _____________, 2024, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
PRINCIPAL:
________________________
By: ______________________
SURETY:
__________________________
By:________________________
Attorney-In-Fact
* * *
Note: To be considered complete, both the principal and surety must sign this performance bond. In addition, the surety's signature must be notarized and a copy of the surety's power of attorney must be attached.
Item: 14
826
ATTACHMENT L
Performance Bonds for Each City
Attachment L Page 3 of 4
PERFORMANCE BOND FOR LAGUNA HILLS
KNOW ALL PERSONS BY THESE PRESENTS, that
_______________________________________________________ hereinafter called the PRINCIPAL, and _________________________________________ _________________________________________________, a corporation duly organized under the laws of the State of ______________having its principal place of business at ______________________________________________, in the State of _________________, and authorized to do business as an admitted surety insurer in the State of California, hereinafter called the SURETY, are held and firmly bound to the City of LAGUNA HILLS, a municipal corporation in the State of Califo rnia, hereinafter called the OBLIGEE, in the sum of __________________ Dollars ($____________) lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS, the PRINCIPAL has entered into an Agreement with the OBLIGEE for the Collection, Transportation Processing and Diversion of Recyclable Materials, Food Scraps and Green Waste and For the Collection, Transportation and Disposal of Municipal Solid Waste ("Agreement") and said PRINCIPAL is required under the terms of said Agreement to furnish a bond of faithful performance of said Agreement.
NOW, THEREFORE, if the PRINCIPAL shall well and truly perform and fulfill all of the undertakings, covenants, terms and agreements of said Agreement, and any modification thereto made as therein provided, at the time and in the manner therein specified, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.
The SURETY, for value received, hereby agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under, or the specifications incorporated therein shall impair or affect its obligations and its bond, and it hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or the specifications.
PROVIDED, however, that the SURETY shall not be liable (1) as respects to any obligations related to said Agreement occurring after one (1) year from (MONTH), 2025, unless this Bond is extended, (2) as respects to PRINCIPAL'S obligation to procure a replacement performance bond, as provided for in Section 13.03 of the Agreement. This Bond may be extended after (MONTH) 2025 in the sole discretion of the SURETY by means of a continuation certificate signed at least ninety (90) days prior to (MONTH), 2025 and thereafter at least ninety (90) days prior to the expiration of the Bond as extended.
In the event suit is brought upon this Bond by the OBLIGEE and said OBLIGEE is the prevailing party, the SURETY shall pay, in addition to the sums set forth above, all costs Item: 14
827
ATTACHMENT L
Performance Bonds for Each City
Attachment L Page 4 of 4
incurred by the OBLIGEE in such suit, including reasonable attorneys' fees to be fixed by the court.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument this ____ day of _____________, 2024, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
PRINCIPAL:
________________________
By: ______________________
SURETY:
__________________________
By:________________________
Attorney-In-Fact
* * *
Note: To be considered complete, both the principal and surety must sign this performance bond. In addition, the surety's signature must be notarized and a copy of the surety's power of attorney must be attached.
Item: 14
828
Attachment LL Page 2 of 2
Laguna Hills Drive
1. 200 feet w/o Paseo de Valencia
Moulton Parkway
1. 150 feet s/o Lake Forest Dr.
2. 120 feet s/o Ridge Route Dr.
3. 120 feet s/o Glenwood Dr.
4. 1400 feet s/o Aliso Viejo Pkwy
5. 150 feet s/o Via Lomas
6. 200 feet s/o Alicia Parkway
7. 330 feet s/o Louisa
8. 200 feet s/o La Paz Road
9. 120 feet n/o Oso Parkway
10. 120 feet n/o La Paz Road
11. 120 feet n/o Mandeville
12. 250 feet n/o Alicia Parkway
13. 120 feet n/o Laguna Hills Dr.
14. 120 feet n/o Indian Hill Ln.
15.120 feet n/o Indian Creek Ln.
16.120 feet n/o Ridge Route Dr.
17.120 feet n/o El Pacifico
Paseo de Valencia
1. 140 feet s/o El Toro Road
2. 120 feet s/o Calle de la Plata
3. 1750 feet s/o Calle de la Plata
4. 3385 feet s/o Via Estrada
5. 200 feet s/o Laguna Hills Dr.
6. 120 feet s/o Alicia Pkwy
7. 120 feet s/o Alisal Avenue
8. 120 feet s/o La Paz Rd.
9. 120 feet n/o La Paz Rd.
10. 200 feet n/o Ericson
11. 200 feet n/o Velasquez
12. 120 feet n/o Hillary Lane
13. 120 feet n/o Alicia Parkway
14. 120 feet n/o Stockport Street
15. 120 feet n/o Beckenham Street
16. 120 feet n/o Los Alisos Boulevard
17. 120 feet n/o Calle de la Plata
Item: 14
829
ATTACHMENT M
Bond Continuation Certificates for Each City
Attachment M Page 1 of 4
LAKE FOREST BOND CONTINUATION CERTIFICATE
In consideration of the premium charged,
__________________________________ hereby continues in force:
Bond #: _____________________________
Dated: _____________________________
In the amount of: _____________________________ on behalf of the City of Lake Forest, for the period:
Beginning: _____________________________
And Ending: _____________________________ subject to all terms and conditions of said Bond, PROVIDED that the liability of:
_______________________
(NAME OF SURETY)
shall not exceed in the aggregate the amount above written, whether the loss shall have occurred during the term of said bond or during any continuation or continuations thereof, or partly during said term and partly during any continuation or continuations thereof.
Item: 14
830
ATTACHMENT M
Bond Continuation Certificates for Each City
Attachment M Page 2 of 4
Signed and Sealed: _____________________________ (date)
By: _____________________________
Attorney-In-Fact
[ACKNOWLEDGEMENT]
Item: 14
831
ATTACHMENT M
Bond Continuation Certificates for Each City
Attachment M Page 3 of 4
LAGUNA HILLS BOND CONTINUATION CERTIFICATE
In consideration of the premium charged,
__________________________________ hereby continues in force:
Bond #: _____________________________
Dated: _____________________________
In the amount of: _____________________________ on behalf of the City of Laguna Hills, for the period:
Beginning: _____________________________
And Ending: _____________________________ subject to all terms and conditions of said Bond, PROVIDED that the liability of:
_______________________
(NAME OF SURETY)
shall not exceed in the aggregate the amount above written, whether the loss shall have occurred during the term of said bond or during any continuation or continuations thereof, or partly during said term and partly during any continuation or continuations thereof.
Item: 14
832
ATTACHMENT M
Bond Continuation Certificates for Each City
Attachment M Page 4 of 4
Signed and Sealed: _____________________________ (date)
By: _____________________________
Attorney-In-Fact
[ACKNOWLEDGEMENT]
Item: 14
833
ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 1 of 44
Contractor shall conduct periodic characterizations of Divertible Materials and MSW and periodic on-site field Contamination audits to determine the levels of Contamination in the MSW, Recyclable Materials, and Co-collected Food Scraps/Yard Trimmings Carts.
The characterizations are of (a) Divertible Materials that will be delivered to Processing Facilities; and (b) MSW that will be delivered to a Disposal Site. The on -site field Contamination audits are of Carts and Bins on routes Collecting Divertible Materials and MSW.
The purposes of the characterizations and audits are as follows:
(i) City compliance with CCR Title 14, Division 7, Chapter 12 Section 18984.5 for container Contamination minimization;
(ii) Measuring Contractor’s progress toward earning the incentives for extensions of the Term described in Section 10.01 of the Agreement; (iii) Measuring Contractor’s status regarding meeting the minimum performance standards in Section 10.02 of the Agreement; and (iv) Determining the quantities and types of Contamina tion in Divertible Materials and MSW being Collected in the City in order to identify sources of the Contamination and to reduce the levels of Contamination through additional public outreach, training, and enforcement of local, state and federal laws and regulations regarding Contamination.
The characterizations described herein are not intended to fulfill the requirements of, nor substitute for, the procedures described in CCR Title 14 Division 7, Chapter 3 Section 17409.5 et seq. that must be performed at Processing Facilities by the owner/operator.
Table 1 provides a summary of the characterizations and audits required in each year of the Term. The specific protocols that shall be used to conduct the characterizations and audits are also included in this Attachment N . The City or its representative may be present for any characterization or field Contamination audit described in this Attachment N. Contractor shall provide no less than thirty (30) calendar days advance notice to the City of when each characterization and audit is scheduled.
Cross-jurisdictional routes : For the purposes of the characterizations described in Section 1 of this Attachment N, a cross-jurisdictional route that services customers in both Lake Forest and Laguna Hills will be considered a Lake Forest route if a majority of the volume-on-service collected on that route was from Customers located Lake Forest.
Similarly, a cross -jurisdictional route where a majority of the volume -on-service is collected from Laguna Hills customers would be considered a Laguna Hills route.
Diversion rate results from a waste characterization conducted on a cross -jurisdictional route with a majority of collection volume from Lake Forest customers would be applied to Lake Forest tonnage reports in Attachment K and would count towards the number of annual waste characterizations Lake Forest’s that are required to be conducted per this Attachment N.
Item: 14
834
ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 2 of 44
Table of Contents
1. Characterization Protocols for Divertible Materials and MSW ..................................................................................................... 4 1a. Characterization Protocol for Recyclable Materials Being Delivered to Clean MRF .............................................................. 4 Timing:.................................................................................................................................................................................... 4 Methodology: ......................................................................................................................................................................... 5 Sample Selection Protocol for Residential, Commercial, and Multi-family Containers: .............................................................. 6 1b. Characterization Protocol for Residential Co-collected Food Scraps/Yard Trimmings, Commercial and Multi-family Source-separated Food Scraps Being Delivered to Processing Facilities ..................................................................................... 9 Timing:.................................................................................................................................................................................... 9 Methodology: ....................................................................................................................................................................... 10 Sample Selection Protocol for Residential, Commercial, and Multi-family Containers: ............................................................ 11 1c. Characterization Protocol for MSW Being Delivered to Disposal Site .................................................................................. 15 Timing:.................................................................................................................................................................................. 15 Methodology: ....................................................................................................................................................................... 16 Sample Selection Protocol for Residential, Commercial, and Multi-family Containers: ............................................................ 17
1.d. Requirements if Contamination exceeds 25%: ........................................................................................................................ 20 1d. Characterization Methodology for C&D Processing Facilities ............................................................................................. 21
2. On-site Field Carts and Bins Contamination Audits .............................................................................................................. 22
2.a Residential On-site Field Cart Contamination Audits ........................................................................................................... 22 Timing: ....................................................................................................................................................................................... 22 Methodology ........................................................................................................................................................................ 22 Reporting ................................................................................................................................................................................... 24 2b. Commercial/Multi-family On-site Field Carts and Bins Contamination Audits .................................................................... 26
3. Assessment of Phase 1 and Phase 2 Performance Metrics ......................................................................................................... 28 Phase 1 timing: .......................................................................................................................................................................... 28 Maximum Levels of Contamination - Phase 1 Interim: ............................................................................................................. 28 Phase 2 timing: .......................................................................................................................................................................... 28 Maximum Levels of Contamination - Phase 2 Interim: ............................................................................................................. 28
3.a. Assessment of Phase 1 Performance Metrics ..................................................................................................................... 28
3.b. Assessment of Phase 1 Interim Maximum Level of Container Contamination ................................................................... 30
3.c. Assessment of Phase 2 Performance Metrics ..................................................................................................................... 32
3.d. Assessment of Phase 2 Interim Maximum Level of Container Contamination ................................................................... 34 Section 4. City’s Process for Evaluation of Contractor’s Attainment of Minimum Level of Program Implementation Standards .. 36 Exhibit N-1: Schedule of Characterization Studies to be Conducted During the Term of the Agreement ...................................... 37 Exhibit N-2: Characterization Form for Recyclable Materials Being Delivered to Clean MRF ......................................................... 38 Exhibit N-3: Characterization Form for Co-Collected Food Scraps/Yard Trimmings and Source-Separated Food Scraps Being Delivered to Processing Facility ...................................................................................................................................................... 39 Exhibit N-4: Characterization Form for MSW.................................................................................................................................. 40 Exhibit N5 – Cart Contamination Minimization Audit Field Sheet .................................................................................................. 41 Exhibit N6 – Protocol to Calculate Composite Characterization Contamination Rate .................................................................... 42 Item: 14
835
ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 3 of 44
Table 1. Summary Table of Characterizations and On-site Field Contamination Audits in Attachment N
Sector Diversion
Program
Required Frequency of
Characterizations & Audits Performance Requirements
Divertible
Materials & MSW
Characterizations
On-site Field
Cart
Contamination
Audit
Phase 1
Contamination
Cap by 2027
Phase 2
Contamination
Cap by 2030
Single Family Dwelling
Residential
Recyclable
Materials 2x/year 2x/year 25% 15%
Co-
collected
Food
Scraps/Yard
Trimmings
2x/year 2x/year 25% 15%
MSW 2x/year 2x/year 25% 15%
Commercial
Recyclable
Materials 2x/year 1x/year 25% 15%
Food
Scraps 2x/year 1x/year 25% 15%
MSW 2x/year
1x/year 25% 15%
Multi-family
Recyclable
Materials 2x/year 1x/year 25% 15%
Food
Scraps 2x/year 1x/year 25% 15%
MSW 2x/year
1x/year 25% 15%
Item: 14
836
ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 4 of 44
1. Characterization Protocols for Divertible Materials and MSW
Note: As used herein, “stream” refers to Residential, Commercial or Multi -Family “streams”. Residential includes Single Family homes, Gated Developments, HOA’s and Mobile Home Parks and all other dwellings with individual Cart service. Multi -Family includes apartments, Gated Developments, HOA’s and Mobile Home Parks with centralized Bin/Cart service. “Component” refers to the type of material: Single Stream Recyclable Materials, Yard Trimmings/Wood, Food Scraps, Co -collected Yard Trimmings/Wood and Food Scraps, MSW, or Construction and Demolition Debris.
1a. Characterization Protocol for Recyclable Materials Being Delivered to Clean MRF
The following protocol will be used to conduct characterizations at the Clean MRF(s) where the following material components are processed:
• Residential Stream – Single Stream Recyclable Materials component • Commercial Stream – Single Stream Recyclable Materials component • Multi-Family Stream - Single-Stream Recyclable Materials component
Timing: Characterization studies shall be conducted two (2) times each year of the Term (including any extensions described in Article 10) for the Recyclable Materials stream so that each study selects a sample during the ‘high season’ (June through September) and during the low season (October through May) as shown in the table provided as Exhibit N-1 to this Attachment (Note: The quarters refer to calendar year quarters as noted in the footnote in Exhibit N.1). The first characterization shall take place beginning Quarter 3, 2025. The timing for when the characterization studies are conducted shall be staggered so that after two (2) years, one (1) characterization shall have taken place during each calendar quarter, with two (2) characterizations completed during the high season and two (2) during the low s eason. Assessment of Phase 1 or Phase 2 contamination rate attainment will occur during Contract Years 3 and 6 and, as such, there will be variations in seasonality scheduling patterns for these Contract Years. The requirement that 4 calendar quarters be sampled after 2 years is relaxed for Contract Years 3 and 6.
Residential Scheduling Example: For example, for Agreement year 1 (7/1/2025 – 6/30/2026), the C ontractor shall conduct one (1) characterization study of Recyclable Materials in Calendar Quarter 3, 2025 (high season) and Calendar Quarter 1, 2026 (low season). In Agreement Year 2 (7/1/2026 – 6/30/2027), the Contractor shall conduct one (1) characterization study of Recyclable Materials in Calendar Quarter 4, 202 6 (low- season) and Calendar Quarter 2, 2027 (high season).
Commercial Scheduling example: For Agreement Year 1 (7/1/2025 – 6/30/2026), the Contractor shall conduct one (1) Commercial characterization study of the Single-stream Recyclable Materials stream in Calendar Quarter 1, 2026 (low season) and one (1) during Item: 14
837
ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 5 of 44
Calendar Quarter 2, 202 6 (high season). In Agreement Year 2 (7/1/202 6 – 6/30/2027), the Contractor shall conduct one (1) characterization study of the Commercial Single - stream Recyclable Materials stream in Calendar Quarter 4, 2026 (low-season) and June of Calendar Quarter 2, 2027 (high season).
Multi-family Scheduling example: For Agreement Year 1 (7/1/2025 – 6/30/2026), the Contractor shall conduct one (1) Multi-family characterization study of the Single-stream Recyclable Materials stream in Calendar Quarter 1, 2026 (low season) and one (1) during Calendar Quarter 2, 202 6 (high season). In Agreement Year 2 (7/1/202 6 – 6/30/2027), the Contractor shall conduct one (1) characterization study of the Multi -family Single - stream Recyclable Materials stream in Calendar Quarter 4, 2026 (low-season) and June of Calendar Quarter 2, 2027 (high season).
See Exhibit N.1. for the schedule of characterization studies that shall be conducted during the Term of the Agreement.
Methodology:
Residential sampling protocol: For each Residential characterization study, loads shall be sampled only from Recyclable Materials Collected from Residences.
Each characterization shall be done by hand (i.e. a manual sort not a mechanized sort) and total load weights shall be established for each load sampled. One sample shall represent the entirety of the contents of a Residential Recyclable Materials Cart. Samples shall be collected on the regular service day of the route being sampled. Contractor shall sample only full Residential Carts. A ‘full’ cart is defined as seventy-five percent (75%) or more Cart capacity utilization. Sample s shall be collected using one of the following options:
1) a box truck;
2) a flat-bed vehicle, or;
3) a dedicated side-loader during the service day for that geographic area that only collects samples for the purposes of conducting the characterization study.
NOTE: If Contractor is using a box truck or flat-bed vehicle to collect samples and will be removing the Cart from the premises (options 1 and 2 above) , Contractor shall immediately replace each full Residential Cart that is Collected, with a clean Cart of the identical size, type and color. The clean replacement cart shall include a ‘hang -tag’ notifying the r esident that their Cart was taken by Contractor and replaced with an identical Cart on the day of the characterization study and the reason why the Contractor is conducting the characterization. The notice(s) shall include Contractor’s telephone number, web site address, assurances that any of the Residents’ private information that may be found in the Cart will be kept confidential by Contractor, and at least one (1) social media method for Residents to obtain additional information, ask questions and receive Item: 14
838
ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 6 of 44
answers from Contractor concerning the characterization. The protocols described herein for Cart removal and ‘hang tags’ are not required if the Contractor choose s to collect samples using option 3 above (a dedicated side-loader to collect samples).
Commercial sampling protocol : For each Commercial characterization study, loads shall be sampled only from Recyclable Materials Collected from Commercial Businesses.
To collect samples for Commercial Waste Characterizations, Contractor shall service only Commercial Bin Customers along a regularly scheduled route. The segregated load containing Recyclable Materials collected from Commercial Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Multi-family sampling protocol: For each Multi-family characterization study, loads shall be sampled only from Recyclable Materials Collected from Multi -family accounts. To collect samples for Multi -family Waste Characterizations, Contractor shall service only Multi-family Bin Customers along a regularly scheduled route. The segregated load containing Recyclable Materials collected from Multi-family Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Sample Selection Protocol for Residential, Commercial, and Multi-family Containers:
The following number of samples (i.e. full Carts or Bins ) per sampled route shall be Collected:
1. For routes that service less than 1,500 generators per week the study shall include a minimum of 25 samples.
2. For routes that service 1,500-3,999 generators per week the study shall include a minimum of 30 samples.
3. For routes that service 4,000- 6,999 generators per week the study shall include a minimum of 35 samples.
4. For routes that service 7,000 or more generators per week the study shall include a minimum of 40 samples.
The characterization study shall include samples taken from different areas in the City along the sampled route that are representative of different neighborhoods and business districts in the City. Samples (i.e. “full” Carts, or Bins, as defined herein) may be gathered on a single day or on multiple service days over the course of the week , provided the above-described total minimum number of samples are collected from the route. A minimum of thirty (30) calendar days in advance of each characterization, Contractor shall provide City with a list and/or map of Residences (with addresses) identified for sampling during the upcoming characterization in order for City to review and make sure the samples will be taken from different areas of the City as described herein.
Item: 14
839
ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 7 of 44
Sorting protocol : All of the material collected for sampling must be transported to a sorting area at a permitted solid waste facility where the presence of prohibited Contaminants for the Recyclable Materials stream is measured to determine the ratio of prohibited Contaminants present by weight. To determine the ratio of prohibited Contaminants after the field sample selection process is complete, the Contractor shall use the following protocol:
1. Take one sample of at least 200 pounds from the material collected from the Recyclable Materials stream for sampling (e.g. a 200-pound sample taken from the contents of all the blue-lidded Carts collected for sampling spread out on the tipping floor in a pile).
2. The 200-pound sample shall be randomly selected from different areas of the pile of Recyclable Materials. Materials shall be collected for sorting from the sample pile using a grid method and shall be hand collected. The grid method assigns an imaginary XY axis over the load after it is dumped on the tipping floor. Four random number pairings between 0-20 (for the long dimension of the load i.e. length) and 0-10 (for the shorter dimension of the load, i.e. width) shall be generated to identify the location of the samples on the load. Each sample shall weigh at least 50 lbs. and shall be collected by hand in a 60- to 90-gallon Cart.
3. For the 200 -pound sample, remove any prohibited Contaminants and sort Recyclable Materials by commodity type. Place Contaminants and sorted Recyclable commodities into separate Carts. Determine the weight of prohibited Contaminants and sorted Recyclable commodities by weighing each Cart and deducting the Cart tare weight. Note the gross weight , and net weight for Contaminants manually using the worksheet provided in Exhibit N.2.
4. Calculate the composition percentage of both Contaminants and Recyclable commodities in the sample. To determine the ratio of prohibited Contaminants in the sample , divide the total net weight of prohibited Contaminants by the total weight of the sample . To determine the ratio of Recyclable commodities in the sample, divide the total net weight of each Recyclable commodity by the total weight of the sample.
Analysis: The results of the samples shall then be used to produce a characterization that shall be used to establish the percenta ge Diversion and the percent of Residue for the City’s Recyclable Materials routes. This characterization process shall be repeated twice annually to establish the next six-months’ tonnage allocation (e.g. percent Diverted and percent that is Contaminants) to account for seasonal fluctuations . Said tonnage allocation shall be used in and included in the tonnage reports described in Attachment K. Contractor shall apply the average of the results of each waste characterization to the Attachment K tonnage reports and include this average calculation in its report. For example, if it is the fourth characterization and the diversion rate was 75% and th e previous three characterization results where 85%, 90%, and 80%, the diversion rate applied to the Attachment K reports for the next 6 -month period would be 82.5% ((85%+90%+80%+75%)/4).
Item: 14
840
ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 8 of 44
Non-recyclable contaminants found in the samples shall be photographed and noted to include in future outreach materials to remind Customers of the prohibition of these materials in the Recyclable stream.
The Recyclable commodities sampled and sorted during this process shall be paper, cardboard, newsprint, mixed paper, plastics (numbers 1 & 2), mixed plastics, non-ferrous metals, tin, aluminum, and other Recyclable Materials as directed by the City. Exhibit N.2 includes the characterization data collection sheet that shall be used during the characterization.
Calculating Density on Service : For purposes of determining the average densities of components Collected, and as a metric to evaluate Collection efficiencies and Cart capacity utilization, the Contractor shall perform the following calculation:
The net tonnage of the Recyclable Materials Collected in the sample d trucks (or sampled Carts) shall be calculated by dividing the total tons Collected of Recyclable Materials by the total on -service cubic yards Collected to calculate a density for the Recyclable Materials stream.
For example, if one load sampled weighed a total of 5 Tons and was Collected from 100 cubic yards on service, the average “material on service density” for this stream would be 100 lbs. per cubic yard. Cubic yards on service shall be calculated using actual route data (i.e. if one route sampled collected 100 64-gal carts, the yards on service for that route would be 6,400 gallons, or 31.7 cubic yards).
Reporting: Contractor shall submit a written report to the City semi -annually beginning with Contractor’s first Quarterly Report for Q3, 2025. The report will summarize the results of the characterization study, including a summary of the characterization results; the measured weights for each commodity; the percent of each commodity found in each sample and in aggregate; a description a nd photographs of the types of Contaminant materials found during the characterization study; the average density on-service for the materials sampled (i.e. load weights divided by yards collected); locations where the samples were collected; and any other data requested by the City. Upon approval by the City, the results of the characterization study shall be applied to the Tons delivered to the Clean MRF and Tons of Contaminants delivered to the Landfill from the Clean MRF in subsequent monthly reports and shall be in effect until the results of the next characterization study are approved by the City.
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 9 of 44
1b. Characterization Protocol for Residential Co-collected Food Scraps/Yard Trimmings, Commercial and Multi-family Source-separated Food Scraps Being Delivered to Processing Facilities
The following protocol shall be used to conduct characterizations at the Processing Facilities where the following material components are processed:
• Residential stream - curbside co-collected Yard Trimmings and Food Scraps component
• Commercial stream – Source-separated Food Scraps component • Multi-Family stream – Source separated Food Scraps component
Due to the distance to the City-approved Compost Facility in Attachment P, characterizations shall be conducted at the transfer station or at another permitted solid waste facility in Orange County selected by Contractor and approved by City.
Timing: Characterization studies shall be conducted two (2) times each year of Agreement for the Residential Food Scrap/ Yard Trimmings stream, the Commercial Source-separated Food Scraps, and Multi-family Source-separated Food Scraps stream so that each study selects a sample during the ‘high season’ (June through September) and during the low season (October through May) as shown in the table provided as Exhibit N-1 to this Attachment N. (Note: The quarters refer to calendar year quarters as noted in the footnote in Exhibit N.1) . The first characterization (s) shall take place beginning calendar Quarter 3, 2025. The timing for when the characterization studies are conducted shall be staggered so that after two (2) years, one (1) Residential and one (1) Commercial and (1) Multi-family characterization shall have taken place during each calendar quarter, with two (2) Residential, two (2) Commercial, and two (2) Multi-family characterizations completed during the high season (Quarters 2 and 3) and two (2) Residential, two (2) Commercial and two (2) Multi-family characterizations completed during the low season (Quarter 1 and 4) . Assessment of Phase 1 or Phase 2 contamination rate attainment will occur during Contract Years 3 and 6 and, as such, there will be variations in seasonality scheduling patterns for these Contract Years. The requirement that 4 calendar quarters be sampled after 2 years is relaxed for Contract Years 3 and 6.
Residential timing example : For example, for Agreement Year 1 (7/1/2025 – 6/30/2026), the Contractor shall conduct one (1) Residential characterization study of the Co-Collected Food Scraps/ Yard Trimmings stream in Calendar Quarter 4, 202 5 (low season) and one (1) during Calendar Quarter 3, 2025 (high season). In Agreement Year 2 (7/1/2026 – 6/30/2027), the Contractor shall conduct one (1) characterization study of the Residential Co-Collected Food Scraps/ Yard Trimmings stream in June of Calendar Quarter 2, 2027 (high season) and Calendar Quarter 1, 2027 (low-season).
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 10 of 44
Commercial timing example : For Agreement Year 1 (7/1/2025 – 6/30/2026), the Contractor shall conduct one (1) Commercial characterization study of the Source - separated Food Scraps stream in Calendar Quarter 1, 202 6 (low season) and one (1) during Calendar Quarter 2, 202 6 (high season). In Agreement Year 2 ( 7/1/2026 – 6/30/2027), the Contractor shall conduct one (1) characterization study of the Commercial Source-separated Food Scraps stream in June of Calendar Quarter 2, 2027 (high season) and Calendar Quarter 4, 2026 (low-season).
Multi-family timing example : For Agreement Year 1 (7/1/202 5 – 6/30/2026), the Contractor shall conduct one (1) Multi -family characterization study of the Source - separated Food Scraps stream in Calendar Quarter 1, 202 6 (low season) and one (1) during Calendar Quarter 2, 202 6 (high season). In Agreement Year 2 (7/1/202 6 – 6/30/2027), the Contractor shall conduct one (1) characterization study of the Multi-family Source-separated Food Scraps stream in June of Calendar Quarter 2, 2027 (high season) and Calendar Quarter 4, 2026 (low-season).
See Exhibit N.1. for the schedule of characterization studies that shall be conducted over the Term of the Agreement.
Methodology:
Residential Sampling protocol: For each characterization study, loads shall be sampled only for Co-Collected Food Scraps/Yard Trimmings Collected from Residences.
Each characterization shall be done by hand (i.e. a manual sort not a mechanized sort) and total load weights shall be established for each load sampled. One sample shall represent the entirety of the contents of a Residential Co-Collected Food Scrap/ Yard Trimmings. Samples shall be collected on the regular service day of the route being sampled. Contractor shall sample only full Carts. For Food Scrap s/Yard Trimmings, a ‘full’ cart is defined as fifty percent (50%) or more Cart capacity utilization. Sampling shall be collected using one of the following options:
1) a box truck;
2) a flat-bed vehicle, or;
3) a dedicated side-loader during the service day for that geographic area that only collects samples for the purposes of conducting the characterization study.
NOTE: If Contractor is using a box truck or flat-bed vehicle to collect samples and will be removing the Cart from the premises (options 1 and 2 above), Contractor shall immediately replace each full Residential Cart that is Collected, with a clean Cart of the identical size, type and color. The clean replacement cart will include a ‘hang-tag’ notifying the resident that their Cart was taken by Contractor and replaced with an identical Cart on the day(s) the characterization study and the reason why the Contractor is conducting the waste characterization. The notice(s) shall include Contractor’s telephone number, Item: 14
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 11 of 44
web site address, assurances that any of the Residents’ private information that may be found in the Cart will be kept confidential by Contractor, and at least one (1) social media method for Residents to obtain additional information, ask questions and receive answers from Contractor concerning the characterization. The protocols described herein for Cart removal and ‘hang tags’ are not required if the Contractor chooses to collect samples using option 3 above (a dedicated side-loader to collect samples).
Commercial sampling protocol : For each Commercial characterization study, loads shall be sampled only from Source -separated Food Scrap Materials Collected from Commercial Businesses. To collect samples for Commercial Waste Characterizations, Contractor shall service only Commercial Cu stomers along a regularly scheduled route.
The segregated load containing Source -separated Food Scraps collected from Commercial Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Commercial and Multi-family sampling protocol: For each Multi-family characterization study, loads shall be sampled only from Source -separated Food Scrap Materials Collected from Multi-family Premises . To collect samples for Multi-family Waste Characterizations, Contractor shall service only Multi -family Bin Customers along a regularly scheduled route. The segregated load containing Source -separated Food Scraps collected from Multi -family Premises shall be taken to a facility and dumped o n the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Sample Selection Protocol for Residential, Commercial, and Multi-family Containers:
The following number of samples (i.e. full Carts or Bins) per sampled route shall be Collected:
1. For routes that service less than 1,500 generators per week the study shall include a minimum of 25 samples.
2. For routes that service 1,500-3,999 generators per week the study shall include a minimum of 30 samples.
3. For routes that service 4,000- 6,999 generators per week the study shall include a minimum of 35 samples.
4. For routes that service 7,000 or more generators per week the study shall include a minimum of 40 samples.
The characterization study shall include samples taken from different areas in the City along the sampled route that are representative of Co-Collected Food Scraps/ Yard Trimmings in different neighborhoods and business districts throughout the City. Samples (i.e. “full” Carts, or Bins, as defined herein) may be gathered on a single day or on multiple service days over the course of the week provided the above-described total samples are collected from the route. A minimum of thirty (30) calendar days in adv ance of each Item: 14
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 12 of 44
characterization, Contractor shall provide City with a list and/or map of Residences , Commercial Businesses, or Multi-family Premises (with addresses) identified for sampling during the upcoming characterization in order for City to review and make sure the samples will be taken from different areas of the City as described herein.
Sorting protocol: All of the material collected on-route for sampling must be transported to a sorting area at a permitted solid waste facility where the presence of prohibited Contaminants in the Co-collected Food Scraps/Yard Trimmings and/or Source-separated Food Scraps are measured to determine the ratio of prohibited Contaminants present in each Cart by type and weight. To determine the ratio of prohibited Contaminants the Contractor shall use the following protocol:
1. Take one sample of at least 200 pounds from the material collected from the sampled stream for sampling (e.g. a 200-pound sample taken from the contents of all of the Food Scraps/Yard Trimmings Carts/Bins collected for sampling).
2. The 200-pound sample shall be randomly selected from different areas of the pile of Food Scraps/Yard Trimmings. Materials shall be collected for sorting from the sample pile using a grid method and shall be hand collected. The grid method assigns an imaginary XY axis over the load after it is dumped on the tipping floor.
Four random number pairings between 0-20 (for the long dimension of the load i.e. length) and 0-10 (for the shorter dimension of the load i.e. width) shall be generated to identify the location of the samples on the load. Each sample shall weigh at least 50 lbs. and shall be collected by hand in a 60-to 90-gallon Cart.
3. For the 200 -pound sample, remove any prohibited Contaminants and sort materials by the commodity types indicated in the ‘sorting Categories’ section below (Processing Facility Categories 1 and 2). Place Contaminants and sorted materials into separate Carts. Determine the weight of prohibited Contaminants and of the sorted materials by weighing each Cart and deducting the Cart tare weight. Record the gross weight and net weight for Contaminants and Divertible Food Scraps/Yard Trimmings manually using the wor ksheet provided in Exhibit N.3.
4. Calculate the composition percentage of both Contaminants and Divertible Food Scraps/Yard Trimmings Waste in the sample. To determine the ratio of prohibited Contaminants in the sample, divide the total net weight of prohibited Contaminants by the total weight of the sample. To determine the ratio of Divertible Food Scraps/Yard Trimmings in the sample, divide the total net weight of the Food Scraps/Yard Trimmings by the total weight of the sample.
Sorting Categories: Materials shall be sorted into the categories below and shall be weighed:
Processing Facility Category 1 – Materials Accepted at the City-designated Composting Facility in Attachment P
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 13 of 44
Processing Facility Category 2 - Contamination: Materials that are considered Contamination and that are not accepted by the City-designated Composting Facility in Attachment P.
Category 1 acceptable materials include: Food Scraps, Food Soiled Paper, Yard Trimmings, prunings, leaves, other yard trimmings, grass clippings and all other acceptable materials listed under the catego ry “Co-Collected Food Scraps/ Yard Trimmings” and “Source-separated Food Scraps” in Attachment B, Section 5.
Category 2 non -acceptable material types include: MSW, Recyclable Materials, glass, plastics, and all other material types listed as “ Contamination” for Food Scraps/Yard Trimmings and Source-separated Food Scraps in Attachment B, Section 5.
Exhibit N-3 includes the characterization data collection sheet that shall be used during these characterization studies.
The Category 2 non -accepted materials shall also be separated manually and weighed by material type (e.g. plastics, glass, metals, non-compostable packaging, etc.). The type and weight of e ach non-Divertible material type shall be recorded and carefully photo- documented and included in the Contractor’s report to the City. Non-recoverable non- organic contaminants found in the samples shall be photographed and noted to include in future outreach materials to remind Customers of the prohibition of these mater ials in the Recyclable stream.
Analysis: The results of the samples shall then be used to produce a characterization that shall be used to establish the percentage Diversion and the amount of Contaminants for the City’s Co-Collected Food Scraps/ Yard Trimmings and Source -separated Food Scraps routes. This characterization process shall be repeated twice annually to establish the next six -months’ tonnage allocation (e.g. percent Diverted and percent that is Contaminants) to account for seasonal fluctuations . Said tonnage allocation shall be used in, and included in, the tonnage reports described in Attachment K. Contractor shall apply the average of the results of each waste characterization to the Attachment K tonnage reports and include this average calculation in its report. For example, if it is the fourth characterization and the diversion rate was 75% and the previous three characterization results where 85%, 90%, and 80%, the diversion rate applied to the Attachment K reports for the next 6 -month period would be 82.5% ((85%+90%+80%+75%)/4).
In the case of a significant rain event, characterizations of Co-Collected Food Scraps/Yard Trimmings and Source-separated Food Scraps shall be delayed until dry conditions have returned for a one (1) week period and Contractor shall immediately notify the City of the delay, the reason for the delay and of the new characterization date(s).
Calculating Density on Service: For purposes of determining the average density of Food Scraps/Yard Trimmings and Source -separated Food Scraps Collected, and as a metric Item: 14
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 14 of 44
to evaluate Collection efficiencies and Cart capacity utilization, the Contractor shall perform the following calculation:
The net tonnage of the Food Scraps/Yard Trimmings and Source-separated Food Scraps Collected in the sampled trucks (or sampled Carts) shall be calculated by dividing by the total tons Collected of Food Scraps/Yard Trimmings and Source - separated Food Scraps by the total on-service cubic yards Collected to calculate a density for this stream. The results shall be recorded and reported in the audit.
For example, if one (1) load sampled weighed a total of 5 Tons and was Collected from 100 cubic yards on service, the average “material on service density” for this stream would be 100 lbs. per cubic yard. Cubic yards on service shall be calculated using actual route data (i.e. if one route sampled collected 100 64-gal Carts, the yards on service for that route would be 6400 gallons, of 31.7 cubic yards).
Reporting: Contractor shall submit a written report to the City semi -annually beginning with Contractor’s first Quarterly report in Quarter 3, 2025. The report will summarize the results of the characterization study, including a summary of characterization results; the measured weights for each commodity or category; the percent of each commodity/category found in each sample and in aggregate; a description a nd photographs of the types of Contaminants materials found during the characterization study; the average density on-service for the materials sampled (i.e. load weights divided by yards serviced); locations where the samples were collected; and any other data requested by the City. Upon approval by the City, the results of the characterization study shall be applied to the Tons delivered to the Food Scraps/Yard Trimmings and Source - separated Food Scraps Processing Facility and Tons of Contaminants delivered to the Landfill from the Food Scraps/ Yard Trimmings and Source -separated Food Scraps in subsequent monthly reports and shall be in effect until the results of the next characterization study are approved by the City.
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 15 of 44
1c. Characterization Protocol for MSW Being Delivered to Disposal Site
The following protocol will be used to conduct characterizations of MSW at the City - designated Disposal Site for MSW where the following material components are disposed:
• Residential Stream - MSW component
• Commercial Stream - MSW component
• Multi-Family Stream - MSW component
Timing: Characterization studies shall be conducted two (2) times each year of Agreement for both the Residential, Commercial and Multi-family MSW streams so that each study selects a sample during the ‘high season’ (June through September) and during the low season (October through May) as shown in the table provided as Exhibit N-1 to this Attachment . (Note: The quarters refer to calendar year quarters as noted in the footnote in Exhibit N.1) . The first characterization s of both Residential, Commercial, and Multi-family MSW shall take place beginning Quarter 3 2025. The timing for when the characterization studies are conducted shall be staggered so that after two (2) years, two (2) Residential MSW characterization, two (2) Commercial MSW , and (2) Multi -family MSW characterization shall have taken place during each calendar quarter, with two (2) characterizations completed during the high season (Quarters 2 and 3) and two (2) during the low season (Quarters 1 and 4) . Assessment of Phase 1 or Phase 2 contamination rate attainment will occur during Contract Years 3 and 6 and, as such, there will be variations in seasonality scheduling patterns for these Contract Years. The requirement that 4 calendar quarters be sampled after 2 years is relaxed for Contract Years 3 and 6.
Residential timing example : For example, for Agreement Year 1 (7/1/202 5 – 6/30/2026), the Contractor shall conduct one (1) Residential characterization study of the MSW stream in Calendar Quarter 4, 202 5 (low season) and one (1) during Calendar Quarter 3, 202 5 (high season). In Agreement Year 2 (7/1/202 6 – 6/30/2027), the Contractor shall conduct one (1) characterization study of the Residential MSW stream in June of Calendar Quarter 2, 202 7 (high season) and Calendar Quarter 1, 202 7 (low- season).
Commercial timing example : For Agreement Year 1 (7/1/202 5 – 6/30/2026), the Contractor shall conduct one (1) Commercial characterization study of the Commercial MSW stream in Calendar Quarter 1, 202 6 (low season) and one (1) during Calendar Quarter 2, 202 6 (high season). In Agreement Year 2 (7/1/202 6 – 6/30/2027), the Contractor shall conduct one (1) characterization study of the Commercial MSW stream in June of Calendar Quarter 2, 202 7 (high season) and Calendar Quarter 4, 202 6 (low- season).
Multi-family timing example : For Agreement Year 1 (7/1/202 5 – 6/30/2026), the Contractor shall conduct one (1) Multi -family characterization study of the Multi -family Item: 14
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 16 of 44
MSW stream in Calendar Quarter 1, 202 6 (low season) and one (1) during Calendar Quarter 2, 202 6 (high season). In Agreement Year 2 (7/1/202 6 – 6/30/2027), the Contractor shall conduct one (1) characterization study of the Multi -family MSW stream in June of Calendar Quarter 2, 202 7 (high season) and Calendar Quarter 4, 202 6 (low- season).
Please see Exhibit N.1. for the schedule of characterization studies that shall be conducted during the Term of the Agreement.
Methodology:
Sample Selection Methodology – Residential Curbside MSW : For each characterization study, loads shall be sampled only from the Residential MSW stream.
Each characterization shall be done by hand (i.e. a manual sort not a mechanized sort) and total load weights shall be established for each load sampled. One sample shall represent the entirety of the contents of a Residential MSW Cart. Samples shall be collected on the regular service day of the route being sampled. Contractor shall sample only full Carts. A ‘full’ Cart is defined as seventy-five percent (75%) or more Cart capacity utilization. Sample shall be collected using one of the following options:
1) a box truck;
2) a flat-bed vehicle, or;
3) a dedicated side-loader during the service day for that geographic area that only collects samples for the purposes of conducting the characterization study.
NOTE: If Contractor is using a box truck or flat-bed vehicle to collect samples and will be removing the Cart from the premises (options 1 and 2 above), Contractor shall immediately replace each full Residential Cart that is Collected, with a clean Cart of the identical size, type and color. The clean replacement cart will include a ‘hang-tag’ notifying the resident that their Cart was taken by Contractor and replaced with an identical Cart on the day(s) the characterization study and the reason why the Contractor is conducting the MSW characterization. The notice(s) shall include Contractor’s telephone number, web site address, assurances that any of the Residents’ private information that may be found in the Cart will be kept confidential by Contractor, and at least one (1) social media method for Residents to obtain additional information, ask questions and receive answers from Contractor concerning the characterization. The protocols described herein for Cart removal and ‘hang tags’ are not required if the Contractor chooses to colle ct samples using methodology 3 above (a dedicated side-loader to collect samples).
Commercial MSW sampling protocol : For each Commercial characterization study, loads shall be sampled only from MSW Materials Collected from Commercial Businesses.
To collect samples for Commercial Waste Characterizations, Contractor shall service only Commercial Bin Customers along a regu larly scheduled route. The segregated load Item: 14
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 17 of 44
containing MSW collected from Commercial Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Multi-family MSW sampling protocol : For each Multi-family characterization study, loads shall be sampled only from MSW Materials Collected from Multi-family accounts.
To collect samples for Multi-family Waste Characterizations, Contractor shall service only Multi-family Bin Customers along a regularly scheduled route. The segregated load containing MSW collected from Multi -family Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Sample Selection Protocol for Residential, Commercial, and Multi-family Containers:
The following number of samples (i.e. full Carts or Bins) per sampled route shall be Collected:
1. For routes that service less than 1,500 generators per week the study shall include a minimum of 25 samples.
2. For routes that service 1,500-3,999 generators per week the study shall include a minimum of 30 samples.
3. For routes that service 4,000- 6,999 generators per week the study shall include a minimum of 35 samples.
4. For routes that service 7,000 or more generators per week the study shall include a minimum of 40 samples.
The characterizations shall include samples taken from different areas in the City along the sampled route that are representative of the City’s MSW stream. Samples (i.e. full Carts) may be gathered on a single day or on multiple service days over the course of the week provided the above-described total samples are collected from the route. A minimum of thirty (30) calendar days in advance of each characterization, Contractor shall provide City with a list and/or map of Residences, Commercial Businesses, or Multi-family Properties (with addresses) identified for sampling during the upcoming characterization in order for City to review and make sure the samples will be taken from different areas of the City as described herein.
Sorting protocol: All MSW collected for sampling must be transported to a sorting area at a permitted solid waste facility where the presence of prohibited Contaminants in the MSW are measured to determine the ratio of prohibited Contaminants present by type and weight. To determine the ratio of prohibited Contaminants after the field sample selection process is complete, the Contractor shall use the following protocol:
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 18 of 44
1. Take one sample of at least 200 pounds from the material collected from the MSW stream for sampling (e.g. a 200-pound sample taken from the contents of all of the MSW Carts collected for sampling).
2. The 200-pound sample shall be randomly selected from different areas of the pile of MSW. MSW shall be collected for sorting from the sample pile using a grid method and shall be hand collected. The grid method assigns an imaginary XY axis over the load after it is dumped on the tipping floor. Four random number pairings between 0-20 (for the long dimension of the load i.e. length) and 0-10 (for the shorter dimension of the load i.e. width) shall be generated to identify the location of the samples on the load. Each sample shall weigh at least 50 lbs. and shall be collected by hand in a 60- to 90-gallon Carts.
3. For the 200 -pound sample, remove any prohibited Contaminants and sort materials by the four categories indicated below (Categories 1, 2, 3, and 4). Place Contaminants and sorted materials into separate Carts. Determine the weight of each category type by weighing each Cart and deducting the Cart tare weight.
Note the gross weight and net weight for each category manually using the worksheet provided in Exhibit N.4.
4. Calculate the composition percentage of each category in the sample by dividing the total net weight of each category by the total weight of the sample.
Sorting Categories: Materials shall be sorted into the categories below and shall be weighed:
Category 1: Food Scrap or Yard Trimmings materials accepted in the Co-collected Food Scrap/Yard Trimmings program as listed in Attachment B, Section 5.
Category 2: Recyclable Materials accepted in the Recyclable Materials Collection program as listed in Attachment B, Section 5.
Category 3: Non-recoverable MSW
Category 4: HHW, E -waste, U-waste, automobile parts and other materials that should not be placed in the MSW Cart
Analysis: The results of the samples shall then be used to produce a characterization that shall be used to assess the recoverability of materials in the MSW Cart.
Calculating Density on Service : For purposes of determining the average densities of MSW Collected, and as a metric to evaluate Collection efficiencies and Cart capacity utilization, the Contractor shall perform the following calculation:
The net tonnage of MSW Collected in the sampled trucks (or Carts) shall be calculated by dividing by the total tons Collected of MSW by the total on -service cubic yards Collected to calculate a density for the MSW stream and the results shall be recorded and reported in the audit.
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 19 of 44
For example, if one (1) load sampled weighed a total of 5 Tons and was Collected from 1000 cubic yards on service, the average “material on service density” for the MSW stream would be 10 0 lbs. per cubic yard. Cubic yards on service shall be calculated using actual route data (i.e. if one route sampled collected 100 64 -gal carts, the yards on service for that route would be 6,400 gallons, or 31.7 cubic yards).
Exhibit N-4 includes the characterization data collection sheet that shall be used for the MSW characterization studies.
Reporting: Contractor shall submit a written report to the City semi -annually beginning with Contractor’s first Quarterly report in Quarter 3, 2025. The report will summarize the results of the characterization study, including a summary of the characterization results; the measured weights for each commodity or category; the percent of each commodity/category found in each sample and in aggregate; locations where the samples were collected; a description and photographs of the types of Contaminants found during the characterization study; the average on-service density for the materials sampled (i.e. load weights divided by yards serviced); and any other data requested by the City.
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 20 of 44
1.d. Requirements if Contamination exceeds 25%:
If the sampled weight of prohibited Contaminants exceeds twenty-five percent (25%) of the measured sample for any material type (MSW, Recyclable Materials and/or Food Scraps/Yard Trimmings), the Contractor shall perform the following:
(A) Notify all Residents and/or Commercial/Multi-family Customers on the sampled Collection route(s) of the requirement to properly separate materials into the appropriate Carts. The Contractor may provide this information by placing a notice on the Residents’ Cart(s), gate, or door, and/or by mail, e-mail, or electronic message to the Resident. All notifications distributed to Residents must be approved by the City prior to distribution.
(B) During the quarter after the characterization where a Contamination rate of 25% or more was found for any stream (MSW, Recyclable Materials and/or Food Scraps/Yard Trimmings), Contractor shall target the high -Contamination route(s) for each such stream to be audited in the regularly-scheduled, semi-annual on-site field Cart Contamination audits described in Section 2 of this Attachment N.
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ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 21 of 44
1d. Characterization Methodology for C&D Processing Facilities
Twice annually beginning July 202 5 and January 202 6, Contractor shall report facility - wide Diversion rates for all C&D Processing Facilities used by the Contractor. The Contractor shall provide facility -wide Diversion rate data and a written explanation, including calculations, of how the Diversion rate wa s calculated. The City may request source documentation supporting the facility -wide Diversion rate. Upon request by the City, the Contractor shall conduct a weight -based characterization study for materials Collected by Contractor in the City and delivered to the Contractor’s C&D Processing Facility over the course of a five (5) day period. The Contractor shall manually sort the contents of each of the C&D loads originating in the City by commodity types (including, at a minimum, Wood, concrete, asphalt, drywall/gypsum, bricks, metals, dirt, Yard Trimmings, and grubbing material) and weigh the separated commodities to calculate the Diversion rate.
Reporting: Contractor shall submit a written report to the City semi -annually beginning January 202 6. The report shall summarize the results of the characterization study, including a roll-up of all five (5) days of characterization results; the measured weights for each commodity or category; the percent of each commodity/category found in each sample and in aggregate; a description and photographs of the types of Residue materials found during the characterization study; the average on-service density for the materials sampled (i.e. load weights divided by yards serviced); and any other data requested by the City. Upon approval by the City, the results of the characterization study shall be applied to the Tons delivered to the C&D Processing Facility and T ons of Residue delivered to the Landfill in subsequent monthly reports and shall be in effect until the results of the next characterization study are approved by the City.
Item: 14
854
ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 22 of 44
2. On-site Field Carts and Bins Contamination Audits
2.a Residential On-site Field Cart Contamination Audits
The following methodology shall be used to conduct on-site field Contamination audits of the following materials:
• Residential Recyclable Materials
• Residential Co-collected Food Scraps/Yard Trimmings
• Residential MSW
Timing: On-site field C ontamination audits shall be conducted two (2) times each calendar year on a semi-annual basis.
Methodology:
Before the on -site field C ontamination audits are conducted, the Contractor shall coordinate with the City to target specific Residential neighborhoods throughout the City.
Contractor shall target routes for audits that were found to have a 25% or higher Contamination rate based on characterizations conducted the previous quarter as described in Section 1d of this Attachment N. Each semi-annual on-site field Contamination audit shall target a minimum of five percent (5%) of the Residences served by the Contractor in the City. The Contractor may conduct the audit over the course of several days or complete the audit in a single day, provided it allocates adequate staffing to complete the methodology herein in a diligent and workmanlike fashion. Per Section 18984.5(b) of the SB 1383 regulations, audits shall be conducted in a manner that results in Carts along all Contractor routes being audited annually. The audits shall be conducted on Carts placed at curbside or in the alley by the Resident for Collection by Contractor (e.g. MSW, Recyclable Materials, and Co-Collected Food Scraps/ Yard Trimmings) before the Carts are Collected on the regular service day, in order to observe full Carts. The specific methodology for conducting the audit of each Cart shall be as follows:
1. Upon arrival at a Residence, note Cart serial number(s) (if the carts have a serial number), the material-type for each Cart (MSW, Recyclable Materials, or Food Scraps/Yard Trimmings ), the size of the Cart, and number of carts set out for service.
2. Flip lid of each Cart and note fullness of each Cart. Using a tool, prod around to reposition materials in Cart to visually assess maximum amount of the contents of the Cart. Open bags if most of the contents in the Cart are bagged. Note and photograph any Contamination observed in any Cart audited. Note photo numbers on audit sheet and if materials are bagged. Estimate percentage, by volume, of specific Contamination materials observed (e.g. glass or plastics in Food Item: 14
855
ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 23 of 44
Scraps/Yard Trimmings Cart; leaves in Recyclable Materials Cart; aluminum cans in MSW Cart) and note them on audit sheet.
3. If Contaminants are observed, place a ‘hang tag’ on the Contaminated Cart noting the unacceptable material that was found in the Cart and provide public education materials reminding the Customer of what materials are acceptable in which Carts (as further described below) . If non-containerization is observed (i.e. overflowing MSW, Recyclable Materials, or Yard Trimmings/Food Scraps, bags of materials on the ground, etc.), place a separate ‘hang tag’ as described in Attachment B, Section 2.7, on the container(s).
4. Once per year, f or ten percent ( 10%) of the Food Scrap/ Yard Trimming Carts audited, place the Cart on a scale and note total weight. Re cord standard tare weights based on Cart size and subtract the tare weight from the total Cart weight to obtain the net Cart weight. Record the net Cart weight. The weighing of Food Scrap/Yard Trimmings carts shall take place during different quarters each year so that after 4 years, the Contractor will have weighed Food Scrap/Yard Trimmings Carts during each calendar quarter during the previous four years.
During the audits, the C ontractor shall note all the following attributes on the data collection form in Exhibit N-5:
• Fullness of each of the Carts set out for Collection (percent full – by volume) • Percentage, by volume, of observed Contamination in each of the Carts set out for Collection (i.e., MSW or Food Scraps in Carts for Recyclable Materials; Recyclable Materials, Food Scraps, and/or Yard Trimmings in MSW Cart; Recyclable Materials and MSW in a Co-collected Food Scraps/Yard Trimmings Cart)
• Descriptions of specific Contaminants found in each Cart • Participation of Residents in Co-collection program (i.e., the presence of Co- Collected Yard Trimmings/Food Scrap Cart set out for Collection) • Curbside/alley placement rates (i.e., the absence of a Recyclable Materials or Food Scraps/Yard Trimmings Cart when an MSW Cart is present at the curb or in the alley)
• The presence of bagged materials in Recyclable Materials and/or Food Scraps/Yard Trimmings Carts
• Total weight of each Cart for at least 10% of the Food Scrap/Yard Trimmings Carts audited (weigh using portable scale) if the annual weighing requirement occurred during the audit that is being performed and reported
If there is any observable Contamination in any Cart, the Contractor shall place a ‘hang tag’ on the Cart notifying the Customer of the Contamination incident and how to correct it. The ‘hang tag’ shall indicate 1) the type of Contaminant(s) observed by Contractor’s staff during the audit and 2) the appropriate Cart in which the prohibited Contaminant(s) should be placed. The notification shall include information regarding the Resident’s requirement to properly separate materials into the appropriate Carts. The City shall approve of the ‘hang tag’ before it is placed into use. The C ontamination items and Item: 14
856
ATTACHMENT N
Characterizations of Divertible Materials and MSW
and Periodic Onsite Field Cart Contamination Audit Protocols
Attachment N Page 24 of 44
quantities shall be noted and phot ographed. The photo number and C ontamination item(s) shall be noted in the field data collection sheet.
Reporting: Contractor shall submit a written report for the semi-annual audits to the City in the quarterly report that covers the reporting period when the audit was conducted. For example, if the audit was conducted in August 2025 (calendar quarter 3), the report shall be submitted with the Quarter 3 report. The report shall summarize the results of the auditing program, the number of households audited, the number of non-participants for each Diversion program (Recyclable Materials and Food Scraps/ Yard Trimmings ), Contamination incidents for each quarterly audit, the average fullness levels of each type of Residential Cart (MSW, Recyclable Materials and Food Scraps/ Yard Trimmings), the average weights of Food Scraps/ Yard Trimmings Carts, the ave rage observed Contamination levels for MSW, Recyclable Materials and Food Scraps/ Yard Trimmings Carts, locations where on -site Contamination audits were conducted , addresses of Residents where prohibited Contaminants were observed, addresses where Recyclable Materials and/or Food Scraps/ Yard Trimmings program non-participation was observed (i.e. Recyclable Materials or Food Scraps/ Yard Trimmings Carts were not rolled out to the curb or placed in the alley for Collection), descriptions of specific Contaminants found in each type of Cart (MSW, Recyclable Materials and Food Scraps/ Yard Trimmings Carts), photos supporting the findings.