Norco City Council
March 6, 2024

Final Agreement 3/6/2024 Page 58 of 168
2032 as part of the base service included in the Bundled Service rate. The actual configuration of Organic Waste 2033 Collection Container sizes to be provided will be based on the total equivalent volume and configured in a 2034 manner determined by the Service Recipient in consultation with Contractor. Contractor may charge for 2035 Commercial Organic Waste Collection as set forth in Exhibit 1 for Commercial Organic Waste Service 2036 greater than the base 64-gallon Organic Waste Cart. 2037 12.05.6 Size and Frequency of Service. This service will be provided as deemed necessary 2038 and determined between Contractor and the Service Recipient, but such service must be received no less 2039 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 2040 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 2041 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 2042 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 2043 Collection will be determined between the customer and Contractor. However, size and frequency must be 2044 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 2045 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 2046 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 2047 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 2048 Contractor.
2049 12.05.7 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 2050 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste, Recyclable Materials, 2051 and Exempt Waste. Furthermore, Contractor is not required to collect Organic Waste that is contaminated 2052 through commingling with Solid Waste, Recyclable Materials, and Exempt Waste. To address contamination, 2053 Contractor must follow the steps set forth in Section 5.07. 2054 12.05.8 Organic Waste - Changes to Services. Should a Change in Law arise that 2055 necessitate any additions or deletions to the services described in this Section including the type of items 2056 included as Organic Waste, the parties will negotiate any necessary cost changes and will enter into an 2057 Agreement amendment covering such modifications to the services to be performed and the compensation 2058 to be paid in accordance with Section 31.01.1 before undertaking any changes or revisions to such services. 2059 12.05.9 Compliance with AB 1826 & SB 1383. Contractor will develop and maintain its 2060 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients 2061 to achieve and maintain compliance with Applicable Law inclusive of AB 1826 and SB 1383. Contractor will 2062 notify non-exempt covered businesses of the requirements to comply with the Applicable Law in January 2063 2025, and no less than annually thereafter. Contractor will offer to provide the volume of collection service 2064 that covered businesses require to be in compliance with the law. In conjunction with the City’s ordinance 2065 supporting full compliance with the Applicable Law inclusive of AB 341, SB 1383 and AB 827 by Commercial 2066 Service Units (i.e., “generators”), Contractor will conduct in-person outreach to all non-participating non2067 exempt commercial covered generators as specified in Section 21.02. Failure to conduct such outreach will 2068 result in a penalty as specified in Exhibit 6.
2069 12.05.10 Additional Organic Waste Collection Containers. Contractor must provide 2070 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided

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2071 that additional Collection Containers are used by Service Recipients for the proposes of setting out additional 2072 Organic Waste materials for regular weekly Organic Waste Collection Service. 2073 Article 13. Mixed Use Dwelling (MXD) Service
2074 13.01 MXD Collection Service. As in Section 12.01. 2075 13.02 MXD Solid Waste Collection Service. As in Section 12.03. 2076 13.03 MXD Recyclable Materials Service. As in Section 12.04. 2077 13.04 MXD Move In/Out Collection Service. As in Section 10.08.4. 2078 13.05 MXD Organic Waste Collection Service. As in Section 12.05. 2079 13.06 MXD Bulky Waste Collection Services. As in Section 10.10; Contractor may charge Service 2080 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1. 2081 Article 14. Manure Services
2082 14.01 Manure Conditions of Service. Except as set forth below, Contractor shall provide non2083 exclusive Manure Services to all SFD, MFD/MDX, Commercial, and City Premises in the Service Area that 2084 request this optional service. Third party haulers for Manure Collection Services must not provide duplicate 2085 services provided (e.g., Manure Collection Services in Carts/Bins) and shall be governed by Municipal Code 2086 Chapter 6.45. The Manure Services by Contractor are governed by the following terms and conditions:
2087 14.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 2088 service, Contractor must provide Manure Service to all SFD, MFD/MDX, Commercial, and City Service Units 2089 in the Service Area whose Manure is properly containerized in Carts, where the Garbage, Recyclable 2090 Materials, Organic Waste, and Manure Carts have been placed within three (3) feet of the curb, swale, paved 2091 surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor 2092 and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 2093 vehicle.
2094 14.01.2 On-Premises Service. Notwithstanding any term or definition set forth in this 2095 Agreement, Contractor must provide Collection of SFD, MFD/MDX, Commercial, and City Manure on the 2096 Service Recipients premises to a Service Unit as follows. 2097 14.01.2.1 Contractor shall provide, at no additional cost to Service Unit, 2098 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 2099 Manure Cart at the curb for Collection if a request for on-premises service has been made. To receive On2100 Premises Service at no cost under this section, the Service Recipient shall provide Contractor a verified 2101 statement, signed by a medical physician and Service Recipient, stating that the Service Recipient has a 2102 physical disability and is, therefore, unable to place Containers at the curbside for collection. Service 2103 Recipient shall also verify that there is no other able-bodied person in the household to perform Container

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2104 placement at the curbside. Contractor may require annual confirmation that the Customer’s disability 2105 continues and that there is no able-bodied Person residing at the Premises. 2106 14.01.2.2 Contractor shall provide, at no additional cost to the Service Unit, 2107 "stinger/scout truck services” to Customers requesting such service for Manure Bin service. Any such 2108 Customer shall submit a request for stinger/scout truck services to Contractor and Contractor shall inspect 2109 the premises to confirm that accessibility constraints or weight concerns prior to providing “stinger/scout 2110 truck services” under this Section. Contractor shall return Bins to their storage location during the Manure 2111 Collection Service hours described in Section 14.02. 2112 14.01.2.3 Contractor must offer “push services” to Service Recipients other 2113 than those listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. 2114 Push services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection 2115 Containers from their storage location for Collection and returning the Collection Containers back to their 2116 storage location.
2117 14.01.2.4 Contractor must provide on-premises Collection Service on the 2118 same Work Day that curbside Collection would otherwise be provided to the Service Unit. 2119 14.02 Frequency and Scheduling of Cart Service. Manure Collection Service must be provided 2120 one (1) time per week on a scheduled route basis. Manure Collection Service for SFD Service Units must be 2121 scheduled so that all SFD Service Units receive Manure Collection Service on the same Work Day that 2122 Collection of other commodities is provided. Manure Collection Service must be provided, commencing no 2123 earlier than 6:00 a.m. and terminating no later than 6:00 p.m., Monday through Friday, except for Holidays in 2124 accordance with Section 5.03. The hours, day, or both of Collection may be extended due to extraordinary 2125 circumstances or conditions with the prior verbal or written consent of the Agreement Administrator. 2126 14.02.1 Size and Frequency of Bin Service. This service will be provided as deemed 2127 necessary and determined between Contractor and the Service Recipient, but such service must be received 2128 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection 2129 service scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient 2130 and Contractor as long as the minimum frequency requirement is met. The size of the container will be a 2131 maximum of 2 cubic yards and the frequency (above the minimum) of Collection will be determined between 2132 the customer and Contractor. However, size and frequency must be sufficient to provide that no Manure 2133 needs to be placed outside the Collection Container. Collection Containers used by Service Recipients must 2134 be owned and supplied by Contractor.
2135 14.03 Manner of Collection. The Contractor must provide Collection Service with as little 2136 disturbance as possible and must leave any Manure Cart in an upright position at the same point it was 2137 Collected without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. Contractor’s employees 2138 providing Collection Service must follow the regular walk for pedestrians while on private property and may 2139 not trespass nor cross property to the adjoining premises unless the occupant or owner of both properties 2140 has given permission. Care should be taken to prevent damage to property, including flowers, shrubs, and 2141 other plantings.

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2142 14.04 New Carts/Bins. Contractor must supply new Carts and newly painted Bins that comply 2143 with Collection Container specifications in Exhibit 4. If any changes to these specifications are adopted after 2144 the Effective Date that results in Contractor being required to replace Collection Containers within ten (10) 2145 years of depreciation, Contractor will be eligible for additional compensation in accordance with Section 2146 14.05.
2147 14.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 2148 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 2149 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 2150 Recipient.
2151 14.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 2152 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 2153 must deliver a replacement Cart(s) in accordance with Section 14.05.2 to such Service Recipient within five 2154 (5) Work Days. Contractor must maintain records documenting all Cart replacements occurring and report 2155 through the Waste Reporting System monthly.
2156 14.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 2157 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 2158 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 2159 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 2160 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 2161 Agreement, in accordance with the “Cart Exchange” Service Rate set forth in Exhibit 1, or as may be adjusted 2162 by the City from time to time as provided under this Agreement. 2163 14.05.3 Repair of Manure Carts and Bins. Contractor is responsible for the repair of Carts 2164 and Bins, including but not limited to, hinged lids, wheels, and axles. Within five (5) Work Days of notification 2165 by the City or a Service Recipient of the need for such repairs, Contractor must repair the Cart or Bin or if 2166 necessary, remove the Cart or Bin for repairs and deliver a replacement Cart or Bin to the Service Recipient. 2167 Contractor may charge a fee for a Cart exchange in accordance with Section 14.05.4. 2168 14.05.4 Cart or Bin Exchange. Upon notification to Contractor by City or a Service Recipient 2169 that a change in the size of a Cart or Bin is requested, Contractor must deliver such Cart or Bin to such 2170 Service Recipient within five (5) Work Days provided however that if the Container was destroyed or 2171 damaged by the Service Recipient, Contractor may charge the Service Recipient for replacement of the 2172 Container at the “Collection Container Exchange” Service Rate set forth in Exhibit 1. Each SFD Service Unit 2173 is eligible to receive one (1) free Cart or Bin exchange per Calendar Year during the term of this Agreement 2174 for moving to a larger Cart or Bin size. Each SFD Service Unit is eligible to receive unlimited Cart exchanges 2175 per Calendar Year during the term of this Agreement for moving to a smaller Cart or Bin size. Accordingly, 2176 Contractor will be compensated only for the cost of those exchanges in excess of one (1) per Calendar Year 2177 for those Service Units receiving larger Cart or Bin sizes, in accordance with the “Cart or Bin Exchange” 2178 service rate as set forth in Exhibit 1 or as may be adjusted this Agreement.

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2179 14.05.5 Additional Cart or Bin Request. Upon notification to the Contractor by City or a 2180 Service Recipient that additional Carts or Bins for Manure are requested, Contractor shall deliver such Carts 2181 or Bins to such Service Recipient within five (5) Work Days, at the rate set forth in Exhibit 1. 2182 14.05.6 Ownership of Carts. Ownership of Carts is vested in the Contractor. 2183 14.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the Service 2184 Recipient, Contractor must replace the dirty Collection Containers with clean Collection Containers. Any 2185 Collection Container cleanings done at a Contractor facility must be done in such a manner that results in no 2186 water entering the City’s storm drain system. This service must be provided at no charge to the Service 2187 Recipient, so long as the service is not requested more than once per Calendar Year. In addition, regardless 2188 of whether or not this cleaning is requested by the Service Recipient, Contractor will clean Collection 2189 Containers on an as-needed basis so as to maintain a clean appearance and proper function. Additional 2190 cleanings beyond once each Calendar Year will be subject to the Service Rate set forth in Exhibit 1. 2191 14.07 Manure Collection Service. This service is governed by the following terms and conditions:
2192 14.07.1 Manure Processing Services. Contractor shall use commercially reasonable efforts 2193 to divert Manure Collected pursuant to this Agreement from the landfill in accordance with Applicable Law, 2194 except for residue resulting from processing.
2195 14.07.2 Manure Processing Facility. Contractor must deliver all Collected Manure to a fully 2196 permitted Processing Facility or a fully permitted Transfer Station, that has been listed in Exhibit 9 and agreed 2197 upon by the City. All expenses related to Manure processing and marketing will be the sole responsibility of 2198 Contractor. Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 2199 and may result in Contractor being in default under this Agreement. City has the right to designate Manure 2200 Processing Facility.
2201 14.07.3 Non-Collection. Contractor is not required to Collect Manure if the Service Recipient 2202 does not segregate the Manure from Solid Waste, Recyclable Materials, Organic Waste, and Exempt Waste. 2203 Furthermore, Contractor is not required to Collect Manure that are contaminated through commingling with 2204 Solid Waste, Recyclable Materials, Organic Waste, or Exempt Waste. Contractor will address contamination 2205 in accordance with Section 5.07. Contractor is not required to Collect Manure if Container is determined to 2206 be unsafe due to being overweight, however, Contractor must tag the Container with a non-collection notice 2207 and return by noon the next day to provide collection service with any necessary equipment needed to 2208 provide such service. In instances where 96 gallon Manure carts are consistently tagged as overweight, 2209 Contractor and/or Service Recipient may opt to instead use two (2) 64 gallon carts at the same rate as one 2210 (1) 96 gallon cart (this option applies only to Manure Collection Service). 2211 14.07.4 Roll-Off Service. Contractor shall provide Roll-Off Manure Service up to a maximum 2212 of 10 yds to Service Recipients requiring such Collection service. Contractor shall deliver such Container 2213 within two Business Days of request. The Contractor shall receive compensation from the customer at the 2214 rate for such service as set in Exhibit 1.

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2215 Article 15. City Services
2216 15.01 City Collection Services.
2217 15.01.1 Contractor shall provide Garbage, Recyclable Materials, Organic Waste and 2218 Manure Collection Services to all City Service Units set forth in Exhibit 3, or as City may designate in the 2219 future (and where applicable, subject to the conditions in this Section), where the Containers are not blocked 2220 and are accessible by Contractor’s Collection Vehicles. 2221 15.01.2 Bulky Waste Collection Service. Contractor shall collect Bulky Waste, including E2222 Waste and Universal Waste, from City Services Units as listed on Exhibit 3 on an on-call basis on the same 2223 terms and conditions as are provided to SFD Service Units per Section 10.10. 2224 15.01.3 City Transit Shelters. Contractor shall provide Garbage collection services to public 2225 trash cans and City-owned bus stops not less than three (3) days per week. Collection service at City Transit 2226 Shelters shall include power washing public trash cans and maintaining cleanliness in and around the trash 2227 cans on an annual basis. City Transit Shelter Garbage collection service areas are specified in Exhibit 3. 2228 15.01.4 Development Review. Contractor, upon City’s request, shall assist the City in the 2229 review of applicants’ plans for projects covered by Public Resources Code § 42911, including commercial 2230 and multi-family projects, to provide for effective and economical accumulation and collection of Solid Waste. 2231 15.01.5 Abandoned Waste Removal. Within one (1) Work Day of a request from the 2232 Agreement Administrator, Contractor shall provide abandoned waste removal services. Contractor shall be 2233 responsible for loading or arranging for loading of abandoned waste. Contractor shall collect, transport, and 2234 deliver abandoned waste to a Disposal Facility, the Materials Recovery Facility, or Organics Processing 2235 Facility, as appropriate given the characteristics of the abandoned waste. Contractor shall collect, transport, 2236 and process the abandoned waste from illegal dumping locations identified by the City each Agreement Year 2237 at no charge to the City. At City’s option, City may pick up abandoned waste and dispose them at City 2238 facilities in Contractor provided Containers.
2239 15.01.6 City-Sponsored Events Service. Upon request by the City, Contractor shall provide 2240 Garbage, Recyclable Materials, and Organic Waste Containers and Collection Services at up to five (5) City2241 Sponsored Events annually at no cost to the City as listed in Exhibit 2. Containers shall be delivered and 2242 picked up on the same day as each event, to prevent unauthorized use of the Containers. 2243 15.02 City Collection Conditions of Service. City Collection Services shall be governed by the 2244 following terms and conditions:
2245 15.02.1 Contractor’s Good Will. In exchange for the good will of the City and the general 2246 public, Contractor voluntarily agrees to provide Integrated Waste Management Services under this Article at 2247 no cost to the City excepting excess service as provided in this Article, and warrants that such service shall 2248 neither impact the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service 2249 Recipients.

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2250 15.02.2 Contractor shall receive written permission from the City before placing any 2251 Collection Containers on City owned property for service, except that no such permission shall be needed 2252 to place Collection Containers at locations specified for such Containers in Exhibit 3. 2253 15.02.3 Contractor shall limit the number of trips and the path of travel for Collection 2254 Vehicles in City parking lots.
2255 15.02.4 Container Service. City Facilities shall be provided Integrated Waste Management 2256 Services generally subject to the same terms and conditions as similar Service Units regarding Container 2257 specifications, repair, replacement, cleanings, and exchange; provided the City shall not be charged for any 2258 requests for such services.
2259 15.02.5 Frequency of Service. The frequency of collection may be designated by the City, 2260 but not to exceed six (6) times per week per container. City may change the City Service Units receiving 2261 service, and the container volume and Collection frequency provided to any City Service Unit, by written 2262 notice to Contractor.
2263 15.03 Street Sweeping Services. At the start of the Agreement, Contractor shall provide Street 2264 Sweeping Services to City in accordance with the terms and conditions set forth on Exhibit 13 Street 2265 Sweeping Services. City and Contractor shall mutually agree on the date in which to begin performance of 2266 such services.
2267 15.04 Storm Drain Cleaning Services. At the start the Agreement, Contractor shall provide catch 2268 basin cleaning to City in accordance with the terms and conditions set forth on Exhibit 14 Storm Drain 2269 Cleaning Services. City and Contractor shall mutually agree on the date in which to begin performance of 2270 such services.
2271 Article 16. Additional Services
2272 16.01 Chickens for Green Norco Program. Contractor will provide ten thousand dollars ($10,000) 2273 annually to implement and maintain an innovative program to support home composting through chicken 2274 keeping. The Contractor will provide a workplan detailing the Chickens for Green Norco program to the 2275 Contract Administrator for approval prior to initiating the program. The ten thousand dollars ($10,000) annual 2276 program funds must be used to fund the Chickens for Green Norco Program, and shall not be used to pay for 2277 third party support services. In the event that this program terminates with City’s approval, Contractor agrees 2278 to meet with the Contract Administrator to reallocate funding to another program within the City. 2279 16.02 Community-Education Fund. Contractor will provide ten thousand dollars ($10,000) 2280 annually in scholarships to aid Norco’s graduating seniors in their pursuit of higher education or vocational 2281 training. The Contractor will provide a workplan with the annual Sustainability and Compliance Plan detailing 2282 the Community-Education Fund program to the Contract Administrator for approval prior to initiating the 2283 program. In the event that this program terminates with City’s approval, Contractor agrees to meet with the 2284 Contract Administrator to reallocate funding to another program within the City.

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2285 16.03 Recovered Organic Waste Product Procurement. As of the Effective Date, City is 2286 determining its “Recovered Organic Waste Product Procurement Target” (as defined in 14 CCR Section 2287 18982(a)(59)) in accordance with 14 CCR Section 18993.1. Upon determining its Recovered Organic Waste 2288 Product Procurement Target, City shall notify Contractor and the Parties shall meet and confer in good faith 2289 to discuss the type(s) and quantity of “Recovered Organic Waste Products” (as defined in 14 CCR Section 2290 18982(a)(60)) that are commercially reasonably available and that Contractor may procure for City. 2291 Contractor agrees to meet the City’s SB 1383 procurement targets, at no additional cost to the City, annually. 2292 Contractor may comply with this Section under a separate procurement agreement in accordance with 14 2293 CCR Section 18993.1(d)(2), and by providing documentation of such procurement to the City. 2294 16.03.1 Renewable Natural Gas (RNG) Vehicles. Under this Agreement, at such time as 2295 RNG is commercially and reasonably available for use in the City, the Contractor shall make reasonable 2296 efforts for all Collection vehicles to be powered by RNG generated by a local facility or powered by RNG that 2297 is purchased through a wheeling agreement with a party(ies), provided that the wheeling agreement is for 2298 purchase of gas derived from Organic Waste that has been diverted from a Landfill and processed at an in2299 vessel digestion facility that is permitted or otherwise authorized by Title 14 of CCR to recover Organic Waste 2300 and meets the requirements of 14 CCR Section 18993.1(h). Upon City’s request, Contractor shall obtain and 2301 provide the City with a written certification by an authorized representative of the publicly owned treatment 2302 works or the wheeling agreement Contractor certifying that the in-vessel digestion facility produces the RNG 2303 consistent with the requirements of 14 CCR Section 18993.1(h). Contractor shall maintain records of the 2304 amount of RNG purchased and shall report this information upon its reasonable availability. 2305 16.03.2 Bulk Mulch and Compost City Use or Giveaway. Contractor shall make available to 2306 the City a total of four (4) forty-yard Roll-Off Containers per calendar year of bulk Compost and/or Mulch for 2307 use by the City or for the City’s annual public “giveaway” event. For its public “giveaway” event, City shall 2308 provide staff for these events to direct, manage and oversee the “giveaway” events. The location, date, and 2309 time of the “giveaway” event shall be determined by the City and Contractor within at least thirty (30) days 2310 of the date of the event.
2311 16.03.3 Procurement Credits. Contractor shall keep, prepare, and provide to City all 2312 invoices or similar records demonstrating procurement of Mulch, Compost, or renewable natural gas, as 2313 applicable, in accordance with Section 14 CCR Section 18993.2(a), procured for City in accordance with this 2314 Section.
2315 Article 17. Collection Routes
2316 17.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2317 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2318 17.02 Initial Route Changes. Contractor agrees not to change any Residential Integrated Waste 2319 Management Services routes in effect as of the Effective Date of this Agreement prior to July 1, 2025, 2320 except for limited route changes that may be necessary for new development, and subject to review and 2321 approval by the City. After July 1, 2025, if any re-routing of Residential Integrated Waste Management 2322 Services is necessary for collection efficiency, Contractor may submit to City, in writing, proposed route

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2323 changes (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2324 implementation. Any such initial routing change may not affect more than ten percent (10%) of SFD Service 2325 Units in the City and is subject to City review and approval. 2326 17.03 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2327 route change that results in a change in Collection day for Customers (including maps thereof) not less 2328 than sixty (60) calendar days prior to the proposed date of implementation. Contractor may not implement 2329 any route changes without the prior review of the Agreement Administrator. If the change will change the 2330 Collection day for a Service Recipient, Contractor must notify those Service Recipients in writing of route 2331 changes not less than thirty (30) days before the proposed date of implementation. 2332 17.04 Collection Route Audits. City reserves the right to conduct audits of Contractor’s Collection 2333 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2334 agents, designated by the Agreement Administrator, to follow the Collection Vehicles to conduct the audits. 2335 Contractor has no responsibility or liability for the salary, wages, benefits or worker compensation claims of 2336 any person designated by the Agreement Administrator to conduct such audits. 2337 17.05 Route Reviews – General Requirements. At least once annually, beginning in 2024, 2338 Contractor or its approved designee shall conduct a Route Review for each Collection Route. The number 2339 of Containers to review per Collection Route shall be calculated on the basis of the number of garbage 2340 accounts provided service by a specific Collection Route for one week. For example, “Route A” collects 2341 garbage from 250 accounts, 4 days per week for a total of 1,000 accounts per week; include a minimum of 2342 25 accounts for Route Review of “Route A”. For each Route Review of a Collection Route, Contractor shall 2343 inspect at least the following minimum number of Containers but may inspect more if Contractor deems 2344 necessary; and shall inspect all Containers placed for collection (including Recycling Containers, Organics 2345 Containers, Garbage and Manure Containers). Contractor may select the Containers to be inspected at 2346 random, or (if mutually agreed with City) by any other method not prohibited under the SB 1383 Regulations. 2347 For the avoidance of doubt, Contractor shall not be required to annually inspect every Container on a Hauler 2348 Route. Contractor shall include the results of each Route Review in its next regularly scheduled report to 2349 City, as required by Article 23.
2350 The City has approved Contractor’s use of its Smart Truck℠ system, including contamination monitoring 2351 via digital/video monitoring to conduct such route reviews. Nothing in this Section shall require Contractor 2352 to Collect a Container containing Excluded Waste (except de minimis volumes of HHW) that Contractor 2353 identifies while performing the services contemplated under this Agreement under any circumstances. 2354 Contractor shall not be required to Collect or Process any Organic Waste or Recyclable Materials that are 2355 not accepted by any facility to which Contractor delivers such materials for processing under this 2356 Agreement.

Route Size (# of garbage accounts/week) Minimum Number of Containers Fewer than 1,500 25
1,500-3,999 30

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4,000-6,999 35
7,000 or more 40
2357
2358 Article 18. Minimum Performance Standards
2359 18.01 Billing Audit and Performance Reviews. City may conduct billing audit and performance 2360 reviews (together, “reviews”) of Contractor’s performance during the term of this Agreement, as provided 2361 herein. The reviews will be performed by the City or a qualified firm under contract to City. City will have 2362 the final responsibility for the selection of the firm. City may conduct reviews at any time during the term of 2363 the Agreement. Contractor agrees to pay one hundred percent (100%) cost of the audits and performance 2364 reviews, not to exceed eighty-five thousand dollars ($85,000) per review and adjusted annually in 2365 accordance with Section 6.03.
2366 In the event the City engages a qualified professional service provider to perform any such performance 2367 review, the qualified professional service provider shall agree to a reasonable non-disclosure agreement 2368 with Contractor to protect Confidential Information, proprietary information, and trade secret information 2369 and subject to California privacy rights to the extent permitted under Applicable Law. Any such non2370 disclosure agreement shall not preclude the qualified professional from providing workpapers to, or 2371 disclosing any such information to, the City. City agrees to protect any such Confidential Information, 2372 proprietary information, and trade secret information from public disclosure in accordance with Section 2373 48.02.1. City shall not conduct performance reviews more often that once every three (3) years during the 2374 Term.
2375 18.01.1 Scope of Billing Audit and Performance Reviews. The records and accounting 2376 records of Contractor shall be subject to audit and inspection, for the primary purpose of reviewing billing 2377 operations, accounts receivable and customer service, by City or its qualified professional service provider. 2378 Such audit or inspection shall take place at Contractor’s headquarters. 2379 18.01.2 Contractor’s Cooperation. Contractor shall cooperate fully with the review and 2380 provide all requested data, including operational data, financial data, and other data reasonably requested 2381 by City within fifteen (15) Work Days of the request. 2382 18.01.3 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2383 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this 2384 Agreement and such non-compliance is material, Contractor shall reimburse the City for the full cost of the 2385 audit as set forth above in Section 18.01 plus any underpayments discovered during the Audit. Additionally, 2386 City may conduct an Additional Billing Audit and Performance Review to ensure that Contractor has cured 2387 any such area of non-compliance. Contractor will be responsible for the cost of any such Additional Billing 2388 Audit and Performance Review for a maximum cost of Eighty-Five Thousand Dollars ($85,000) (starting on July 1, 2025 and each January 1st 2389 thereafter, with the maximum cost for the review adjusted annually by the

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2390 change in the CPI). For the purposes of a determination of non-compliance under this Agreement, Audit 2391 findings which result in underpayments of $50,000 or more shall be deemed material. 2392 18.01.4 City Requested Program Review. City reserves the right to require Contractor to 2393 periodically conduct reviews of the Garbage, Recyclable Materials, and Organic Waste Collection Service 2394 programs, provided that such reviews are reasonable and can be accomplished at no additional cost to 2395 Contractor and without interfering with Contractor’s operations. Such reviews could assess one or more of 2396 the following performance indicators: average volume of Recyclable Materials per setout per customer, 2397 average volume of Organic Waste per setout per customer, participation level, contamination levels, etc. 2398 Prior to the program evaluation review, City and Contractor will meet and discuss the purpose of the review 2399 and agree on the method, scope, and data to be provided by Contractor. 2400 Article 19. Collection Equipment
2401 19.01 General Provisions. All equipment used by Contractor in the performance of services under 2402 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2403 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be 2404 designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers must 2405 be closed on top and on all sides with screening material to prevent collected materials from leaking, blowing 2406 or falling from the vehicles. All trucks and containers will be properly maintained to be reasonably watertight 2407 and must be operated so that liquids do not spill during Collection or in transit. 2408 19.02 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use compactor 2409 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2410 gases from pressurized appliances.
2411 19.03 Collection Vehicles. Contractor must use Collection Vehicles as listed in the schedule 2412 included in Exhibit 5 and may not use any Collection Vehicle that is more than ten (10) years old during the 2413 term of the Agreement. Contractor shall make all commercially reasonable efforts to register all new Collection 2414 Vehicles under this Agreement to its address within the City, and shall report all such purchases of Collection 2415 Vehicles under this Agreement as attributable to the City for sales tax purposes. Collection Vehicles must 2416 utilize low carbon (“alternative”) fuel, which must be renewable natural gas, LNG, CNG, or electric unless 2417 otherwise pre-authorized by the City in writing. Note, electric vehicles for the Collection Services are not 2418 commercially available as of the Commencement Date and were not taken into consideration by Contractor 2419 in establishing the Maximum Service Recipient Rates included in Exhibit 1. If during the term of the 2420 Agreement, new technologies become commercially available, such as hybrid or electric powered collection 2421 vehicles that comply with Applicable Law, the City or the Contractor may request/negotiate implementation 2422 of such new Collection Vehicles, with a corresponding change to the Maximum Service Rates to reflect 2423 additional cost or savings. Except as to the foregoing, during the Term and to the extent required by law, 2424 Contractor shall provide its Collection Vehicles to be in full compliance with all Applicable Laws, including 2425 State and Federal clean air requirements that are adopted or proposed to be adopted, including, but not 2426 limited to, the California Air Resources Board Heavy Duty Engine Standards as currently proposed to be 2427 contained in California Code of Regulations, Title 13, sections 2020 et seq., the Federal EPA’s Highway 2428 Diesel Fuel Sulfur regulations and all other applicable air pollution control laws.

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2429 19.04 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with GPS 2430 tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. 2431 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary 2432 for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection 2433 Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped, 2434 to document violations, including contamination, overfilling, and lids not closed. GPS and camera data must 2435 be accessible by City.
2436 19.05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use 2437 any Collection Vehicle in violation of weight limitations in Applicable Law including any weight limitation placed 2438 on any public roadway or alley as adopted and posted by City. The Contractor may exceed the Collection 2439 Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the prior written 2440 consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor must report 2441 all instances of overweight vehicles to City as part of its quarterly Franchise Fee and Vehicle Impact Fee 2442 submittal described in Section 4.03, and as part of its Annual Reports to the City described in Section 2443 23.02.2.8. Contractor may be assessed Liquidated Damages as specified in Exhibit 6 as a result of exceeding 2444 an overweight vehicle rate of five percent (5.00%) in any Calendar Year during the term of the Agreement. 2445 The overweight vehicle rate will be calculated as the total number of overweight Collection Vehicle instances 2446 during the Calendar Year, divided by the total number of Collection Vehicle loads transported during the 2447 Calendar Year. Prior to collecting Liquidated Damages for overweight vehicles, the City shall afford Contractor 2448 a reasonable opportunity to provide the Agreement Administrator documentation of the extraordinary 2449 circumstance that caused the overweight vehicles. Extraordinary circumstances in this particular case 2450 include, but may be limited to, heavy rains or high winds that caused excess Green Waste to be generated, 2451 rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened to 2452 extreme weather conditions. The Agreement Administrator shall have authority to consider Contractor’s 2453 documentation and uphold and collect the assessed charge, to reduce the charge, or waive and dismiss the 2454 charge. The Agreement Administrator shall also have the authority to waive charges in advance of an 2455 anticipated, or in response to and actual, emergency event. 2456 19.06 Registration; Inspection. All vehicles used by Contractor in providing Integrated Waste 2457 Management Services under this Agreement, except those vehicles used solely on Contractor’s premises, 2458 are to be registered with the California Department of Motor Vehicles. In addition, each such vehicle must be 2459 inspected by the California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of 2460 a request from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance 2461 log and any safety compliance report, including, but not limited to, any report issued under California Vehicle 2462 Code sections 34500 and following, as well as the biennial “BIT” inspections conducted by the California 2463 Highway Patrol.
2464 19.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2465 markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and 2466 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2467 Code, as may be amended from time to time.

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2468 19.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2469 repetition and must have Contractor's name, Contractor’s customer service telephone number, and the 2470 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2471 the rear of each vehicle. No advertising is permitted other than the name of Contractor, its logo and registered 2472 service marks, except promotional advertisement of the Recyclable Materials, Organic Waste, and Manure 2473 programs, which is encouraged. City to approve any promotional material of the Recyclable Materials, 2474 Organic Waste, and Manure Programs affixed to or painted on Contractor’s Collection Vehicles and may 2475 require such promotion to be utilized from time to time to encourage correct recycling, reduce contamination, 2476 and provide relevant education. Contractor must repaint all vehicles (including vehicles striping) during the 2477 term of this Agreement on a frequency as necessary to maintain a positive public image as reasonably 2478 determined by the Agreement Administrator, but not less often than once every five years. 2479 19.09 Bin and Roll-off Signage, Painting, and Cleaning. All metal Bins and Roll-offs of any service 2480 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll-offs must 2481 display Contractor’s name, Contractor’s customer service telephone number, and the number of the Bin or 2482 Roll-off and must be kept in a clean and sanitary condition. Bins and Roll-offs should be free of dents and 2483 graffiti and newly painted at the start of this Agreement and painted as needed to maintain an orderly 2484 appearance throughout the term of the Agreement, but not less frequently than once every three years. Bins 2485 and Roll-offs may be subject to periodic, unscheduled inspections by City and determination as to sanitary 2486 condition will be made by City.
2487 19.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2488 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2489 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2490 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California 2491 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2492 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2493 and reports available for inspection upon request by the Agreement Administrator. 2494 19.10.1 No later than annually, Contractor must submit to the Agreement Administrator 2495 verification that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty Vehicle 2496 Inspection. Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to be tested 2497 annually in the California Heavy Duty Inspection Program and must, upon request, submit written verification 2498 to City within ten (10) Work Days of the completion of such test. Contractor may not use any vehicle that 2499 does not pass such inspection.
2500 19.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean 2501 condition and in good repair at all times. All parts and systems of the Collection equipment must operate 2502 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles 2503 at least once a week.
2504 19.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2505 The log must at all times be accessible to City by physical inspection upon request of Agreement 2506 Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date

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2507 purchased or initial lease, dates of performance of routine maintenance, dates of performance of any 2508 additional maintenance, and description of additional maintenance performed. 2509 19.13 Equipment Inventory. On or before January 1, 2025, Contractor shall provide to City an 2510 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2511 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2512 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of 2513 fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the 2514 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement 2515 Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request 2516 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as 2517 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied 2518 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement. 2519 19.14 Collection Containers. When a Cart is dropped into a hopper of the Collection Vehicle, the 2520 Cart will be replaced by noon the next Business Day. 2521 19.15 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2522 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2523 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2524 contractual duties.
2525 19.16 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate with the 2526 City to meet its Recovered Organic Waste Product procurement target, as defined in and required by 2527 Applicable Law. In accordance with Section 16.03.1 and in support of that objective the City will receive any 2528 applicable SB 1383 Recovered Organic Waste Product procurement credits for all RNG used by the 2529 Contractor to power Contractor’s Collection vehicles as allowed by the Applicable Law and within the time 2530 provided therein.
2531 Article 20. Contractor’s Office
2532 20.01 Contractor’s Office. Contractor shall maintain an office in the City of Norco, California that 2533 is accessible to persons with disabilities as required by the Americans with Disabilities Act (ADA). Such office 2534 must be equipped to accept payments from Norco Service Recipients and address inquiries related to 2535 Collection Service. The office must have responsible persons in charge during Collection hours and must be 2536 open during such normal business hours, 8:00 a.m. to 5:00 p.m. on Monday through Friday. Office hours may 2537 be adjusted with the approval of the Agreement Administrator. Customer Service issues received after normal 2538 business hours must be addressed the next Work Day morning. 2539 20.02 Customer Service Call Center. Contractor must maintain a Customer Service call center 2540 within the United States. Customer Service Representatives shall have enough telephones that all Collection 2541 Service-related calls received during normal business hours are answered by an employee within five (5) 2542 rings. Such office must be equipped with enough telephones that all customer service-related calls received 2543 during normal business hours, 8:00 a.m. to 5:00 p.m. on Monday through Friday. Contractor shall arrange to

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2544 have calls directed to both the Contractor’s Office in the City and the Customer Service Call Center. Calls 2545 received after normal business hours must be addressed the next Work Day morning. 2546 20.02.1 All incoming calls will be answered at the local office or call center within 5 rings. 2547 Any call “on-hold” in excess of 1.5 minutes must have the option to remain “on-hold” or request a “call-back” 2548 from a customer service representative. Contractor’s customer service representatives must return Service 2549 Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one 2550 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all “call backs” must be 2551 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three 2552 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service 2553 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service 2554 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the 2555 Contractor has attempted to return the call. Contractor must record all calls including any inquiries, service 2556 requests and complaints into a customer service log. 2557 20.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2558 emergency phone number where the Contractor can be reached outside of the required office hours. 2559 20.04 Multilingual/TDD Service. Contractor must always maintain the capability of responding to 2560 telephone calls in English, Spanish, and such other languages as City may direct. Contractor must always 2561 maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf 2562 (TDD) Services.
2563 Article 21. Contractor Support Services
2564 21.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least one 2565 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct 2566 site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion 2567 requirements and to meet State requirements associated with Applicable Law and all amendments and 2568 related subsequent legislation. The Sustainability/Compliance Representatives shall be available as needed 2569 to meet with the City and conduct site visits to implement Recycling and Organics programs in the Service 2570 Area at least four days a week throughout the year. City may request monthly meetings with Contractor to 2571 discuss problems or issues such as Collection or Recycling programs, Billing or Service Recipient service 2572 issues, and day to day operations.
2573 21.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit 2574 and implement an annual (Calendar Year) Sustainability and Compliance Plan (“Plan”), which will guide 2575 Contractor’s staffs’ work efforts. This Plan will include measures to meet diversion targets, increase diversion, 2576 and increase participation of Service Recipients in recycling and organics diversion programs, and should 2577 target certain Recyclable Materials or “problem” areas, including recycling and organics sorting and 2578 contamination, within Contractor’s Service Area where improvements can be maximized. Planned outreach 2579 and education services, and outreach materials should be included as part of the Plan and updated annually. 2580 Targets of outreach should be based on local trends and recycling patterns from data obtained by both the 2581 City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education

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2582 services throughout the term of this Agreement by providing outreach materials to Service Recipients 2583 electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to the 2584 Commencement Date and by July 1st each year thereafter for the term of the Agreement. City shall review 2585 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final 2586 Plan to City by December 1, 2024 for first year and then each year thereafter for the term of the Agreement. 2587 Contractor’s Plan is provided in Exhibit 10. The Sustainability and Compliance Plan must include the 2588 following:
2589 21.02.1 City-Specific Website. Contractor shall maintain a City-specific website that fully 2590 explains the Contractor’s current services and rates, the diversion options available, and allows Service 2591 Recipients to submit service changes, payments, inquiries, complaints or queries. The website must 2592 describe and promote the use of the available Recyclable Materials and Organic Waste services. 2593 Contractor’s local website must provide information specific to the City’s programs. Contractor will maintain 2594 up-to-date information on the website . Content will include proper container set out, educational materials, 2595 newsletters and program descriptions. Website shall be in English, Spanish, Mandarin, and Vietnamese. 2596 21.02.2 Recycling Resources. Contractor shall maintain accurate list of recyclable materials 2597 on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, collaborate, 2598 and coordinate its recycling outreach and educational materials and activities with the City and incorporate 2599 the City’s input on the Contractor’s recycling resources and programs. 2600 21.02.3 School Education and Outreach. Contractor shall develop and utilize a program to 2601 educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational 2602 information should include brochures, school resources such as recycling curriculums, kid’s activity flyers, 2603 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational 2604 material, and conduct onsite outreach annually to all school campuses in the franchise area. Materials must 2605 be approved by City before distribution. Examples include: Recyclable Materials list, Recycling tips, battery 2606 and bulb education, Food Waste collection and donation, and HHW education. Educational material shall be distributed to campuses by mail and/or in person on or before September 30th 2607 annually, and site visits must be completed by November 30th 2608 .
2609 21.03 Waiver Evaluation. Contractor shall be responsible for the distribution, collection and 2610 evaluation of waiver applications as appropriate and provide the City a recommendation to accept or deny 2611 waiver requests in accordance with SB 1383. Contractor shall develop waiver application forms and shall 2612 provide them to City for City approval prior to use. Contractor shall evaluate requests for exemption or waiver 2613 from the Act’s requirements on the basis of physical space or de minimis generation and provide the City 2614 periodic recommendations and supporting documentation to deny or approve waivers, including a site visit 2615 and re-evaluation at least every five years as required by the SB 1383 Regulations. Contractor shall notify all 2616 of its commercial accounts of the availability of waivers and how to obtain and file a waiver periodically, or at 2617 least every five (5) years.
2618 21.04 Compliance Reviews – General Requirement. At least once annually, beginning in 2024, 2619 Contractor shall review the records of its Commercial and Multi-Family customers in City that are subscribed 2620 for at least two (2) cubic yards per week of combined Solid Waste, Organic Materials and Recyclables service,

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2621 to determine whether such customers are subscribed for Organic Materials collection service or have an 2622 applicable waiver. Contractor shall include the results of each Compliance Review in its next regularly 2623 scheduled report to City.
2624 21.04.1 Site Visit Requirement. Contractor shall conduct a site visit to each Commercial and 2625 MFD/MXD Customer in City that is determined to (a) not be enrolled in 3-container collection service, and 2626 (b) not be eligible for a waiver based on the City determination. Contractor shall conduct in-person site visits 2627 (i.e. direct customer contact) to provide educational material about the law’s requirements to Commercial 2628 and MFD/MXD Customers, at least one time every 3 years. All Commercial and MFD/MXD Customers in 2629 the City shall receive a site visit from Contractor to affirm proper sorting procedures and sizing of containers 2630 at least one time every 5 years.
2631 21.04.2 Compliance Notices. Contractor shall send Mandatory Organics Recycling (MORe) 2632 compliance notices and Mandatory Commercial Recycling (MCR) notices quarterly to all eligible Commercial 2633 entities and MFD/MXDs that do not subscribe to Organic Waste or Recycling Collection Service with the 2634 Contractor, and/or do not provide an alternate method for Diverting Organic Waste or Recyclable Materials, 2635 in conformance with Applicable Law, including SB 1383, AB 1826, or AB 341. These notices shall also notify 2636 businesses of requirements under AB 827. Contractor shall mail notifications quarterly on or before the last 2637 day of the month following the end of the quarter. 2638 21.04.3 Compliance Reporting. Contractor shall report contaminations and overage issues 2639 via the City’s Waste Reporting System.
2640 21.04.4 Education and Outreach Materials. Contractor must implement public education 2641 and outreach in conformance with Applicable Law and in coordination with the City. Contractor shall attend 2642 public events and host booths to promote recycling education and awareness. Contractor will work with City 2643 to identify which special events will be attended. Contractor, together with City, shall work with local media 2644 to communicate information on new programs, events, recycling, organics etc. to the community. Contractor 2645 shall use a variety of options such as local paper, news, websites, social media, Homeowners Associations, 2646 schools and civic groups to distribute information and education about City solid waste and recycling 2647 programs, and events. Contractor shall distribute educational material to Service Recipients a minimum of 2648 once a quarter by mail or electronically. All educational and outreach materials shall be provided in English 2649 and Spanish Languages, and any other predominant languages within the City as requested by the 2650 Agreement Administrator. These materials should include tips on recycling properly, use of organics 2651 containers, composting, battery and electronics education, prevention of contamination issues, proper 2652 Collection Container placement, resource information, and HHW education. 2653 21.04.5 Service Recipient Personnel Training. Contractor shall advise and educate 2654 appropriate personnel (management, employees, janitors, etc.) at MFD and Commercial Service Units on 2655 methods and recommendations to increase recycling and decrease landfilling including best practices for 2656 recycling, waste reduction and availability and use of in-house recycling containers. 2657 21.04.6 Available Services Notice and Information. At least annually Contractor must 2658 publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of

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2659 services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected, (ii) 2660 procedures for setting out materials, (iii) the days when Garbage Integrated Waste Management Services, 2661 Recyclable Materials Services, Organic Waste and Manure Integrated Waste Management Services will be 2662 provided, (iv) Contractor’s local customer service phone number, (v) instructions on the proper filling of 2663 Containers, (vi) instructions as to what materials may or may not be placed in Recyclable Materials, Organic 2664 Waste, or Manure Containers, (vii) how to select Container sizes to maximize diversion, (viii) participation in 2665 Recyclable Materials, Organic Waste, and Manure programs, (ix) the fees for overage and Contamination 2666 in the event of non-compliance, (x) the availability of on-premises Integrated Waste Management Services, 2667 including the availability of no-charge on-premises Integrated Waste Management Services for qualified 2668 persons, (xi) Bulky Waste Integrated Waste Management Services, (xii) the dates and locations of Dump 2669 Days, and (xiii) the dates and locations of Free Bulky Item Drop-off days. The notice must be provided in 2670 English, and other languages as directed by the City, and must be distributed by Contractor no later than 2671 February 1st of each year.
2672 21.04.7 Annual Outreach and Education. Contractor shall provide the following to all its 2673 customers under the Agreement annually:
2674 (i) Information on the customer’s requirements to properly separate materials in 2675 appropriate Containers.
2676 (ii) Information on methods for: the prevention of Organic Materials generation, 2677 recycling Organic Materials on-site, sending Organic Materials to community composting, and any other 2678 local requirements regarding Organic Materials.
2679 (iii) Information regarding the methane reduction benefits of reducing the landfill 2680 disposal of Organic Materials, and the methods of Organic Materials recovery contemplated by the 2681 Agreement.
2682 (iv) Information regarding how to recover Organic Materials. 2683 (v) Information related to the public health and safety and environmental impacts 2684 associated with the landfill disposal of Organic Materials. 2685 (vi) The above information will be provided, at a minimum, through print and/or 2686 electronic media, and may also be provided through workshops, meetings and/or on-site visits. All 2687 information that SB 1383 requires the City to distribute shall be posted on Contractor’s website. 2688 (vii) Contractor shall provide an educational webpage which includes downloadable 2689 copies of all the materials described in this Section. 2690 21.04.8 Approach to Meeting City’s Diversion Requirements. Contractor must document 2691 approach to meeting City’s diversion requirements by specific diversion program type (SFD, MFD, 2692 Commercial, Recyclable Material, Organic Waste, Bulky Waste, Manure, etc.) and must be tied to both 2693 specific and public education programs. This must include an implementation schedule showing the specific 2694 programs and tasks, milestones, and time frames for meeting the diversion requirements.

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2695 21.04.9 Tonnage Table. Contractor must provide as part of the Plan, a tonnage table 2696 segregated by SFD, MFD, Commercial, and Additional Services that estimates tonnages for Recyclable 2697 Material and Organic Waste delivered and processed, and the estimated residual tonnages for each 2698 calendar year of the Franchise Agreement.
2699 21.04.10 Environmental Stewardship. Contractor must describe all environmental 2700 management policies and activities related to the solid waste collection service, including the use of 2701 alternative fuel vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled 2702 products throughout operations, internal waste reduction and reuse protocol, water and resource 2703 conservation activities within facilities (design, construction and operation), compliance with laws governing 2704 e-waste, HHW, and u-waste, and use of non-toxic products when possible. 2705 21.05 News Media Relations. Contractor will work with local media to communicate information 2706 to community (new programs, events, recycling information, etc.). Contractor to use options, such as; local 2707 Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the Agreement 2708 Administrator by e-mail or phone of all requests for news media interviews related to the services covered 2709 under this Franchise Agreement within one (1) Work Day of Contractor’s receipt of the request. When 2710 practicable, before responding to any inquiries involving controversial issues or any issues likely to affect 2711 participation or customer’s perception of services, Contractor will discuss Contractor’s proposed response 2712 with the City Agreement Administrator.
2713 21.06 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling 2714 and/or Organic Waste programs by identifying “recycling all-stars” for recognition at a City Council meeting 2715 during each November, beginning November 2024. Details on how participants will be recognized are 2716 provided in the Sustainability and Compliance Plan found in Exhibit 10 and updated to the City annually. 2717 21.07 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or 2718 phone of all requests for news media interviews related to the services covered under this Agreement within 2719 one (1) Work Day of Contractor’s receipt of the request. When practicable, before responding to any inquiries 2720 involving controversial issues or any issues likely to affect participation or Service Recipient’s perception of 2721 services, Contractor will discuss Contractor’s proposed response with the Agreement Administrator. 2722 21.07.1 Copies of draft news releases or proposed trade journal articles that use the name 2723 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2724 prior review and approval at least five (5) working days in advance of release, except where Contractor is 2725 required by any Applicable Law to submit materials to any regulatory agency in a shorter period of time, in 2726 which case Contractor must submit such materials to City simultaneously with Contractor’s submittal to such 2727 regulatory agency.
2728 21.07.2 Copies of articles resulting from media interviews or news releases that use the 2729 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2730 after publication.

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2731 21.08 Acceptable Materials Labeling. Contractor must affix to each Container a sticker that clearly 2732 lists Acceptable materials to be placed in these containers. Stickers must be replaced annually and include 2733 any updates in the list of Acceptable materials (Exhibit 12). 2734 21.09 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2735 the City’s Edible Food Recovery program as required under SB 1383. Contractor support may include 2736 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2737 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste 2738 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting 2739 site visits, and distributing materials.
2740 21.10 Programs and Services. Contractor must provide additional educational and outreach 2741 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2742 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2743 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2744 other vendors or contractors to provide the requested service. 2745 21.11 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 5, 2746 Customer Service Plan included as Exhibit 7, and Collection Service Operations Plan included as Exhibit 8 2747 that present the specific collection and processing programs that will be implemented in the City. 2748 Article 22. Emergency Service
2749 22.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2750 flood, tornado, other natural or man-made disaster, or other such emergency event (collectively “Emergency 2751 Event), the Agreement Administrator may grant the Contractor a variance from regular routes and schedules, 2752 which will not be withheld unreasonably. As soon as practicable after such Emergency Event, Contractor 2753 must advise the Agreement Administrator when it is anticipated that normal routes and schedules can be 2754 resumed. The Agreement Administrator will try through the local news media to inform the public when regular 2755 services may be resumed. The clean-up from some Emergency Events may require that Contractor hire 2756 additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean 2757 debris resulting from the event. Contractor will receive additional compensation, above the normal 2758 compensation contained in this Agreement, to cover the costs of rental equipment, additional personnel, 2759 overtime hours and other documented expenses based on the rates set forth in Exhibit 1 provided Contractor 2760 has first secured written authorization and approval from City through the Agreement Administrator. City will 2761 be given equal priority and access to resources as with other franchise jurisdictions held by Contractor or its 2762 affiliates.
2763 22.02 Emergency Event Planning. Within sixty (60) days from a request by City, Contractor shall 2764 prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service 2765 and Collection of debris following an Emergency Event. The Emergency Event plan shall address 2766 arrangements to provide needed vehicles and personnel, priorities for cleanup at critical facilities, and 2767 procedures for reimbursement for costs, describe communication plans, list key contact persons, and provide 2768 maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the landfill.

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2769 Contractor shall coordinate the plan with City’s emergency service teams. The draft plan shall be presented 2770 to the City Manager for consideration and approval. The final plan shall be distributed to those employees of 2771 Contractor and City who would have a role in implementing upon the occurrence of an Emergency Event. 2772 22.03 Emergency Event Recovery Support. In the event of an Emergency Event, Contractor 2773 agrees to provide recovery support upon request by Agreement Administrator. This may include additional 2774 hauling of debris, special handling such as wrapping waste in plastic (i.e., “burrito wrapping”), temporary 2775 storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and 2776 documentation of debris type, weight, and diversion. Contractor should follow protocol laid out in the County’s 2777 Operational Area Mass Debris Management Plan (Annex to the Operational Area Emergency Response Plan) 2778 and any subsequent County or City Disaster Debris Plans, as applied to solid waste hauling and handling. 2779 Article 23. Record Keeping and Reporting Requirements 2780 23.01 Record Keeping. Subject to the requirements of Section 48.02:
2781 23.01.1 Accounting Records. Contractor must maintain full, complete, and separate 2782 financial, statistical, and accounting records, pertaining to cash, billing, and provisions of all Integrated Waste 2783 Management Services, prepared on an accrual basis in accordance with generally accepted accounting 2784 principles. Such records will be subject to audit, copy, and inspection for the purposes set forth in this 2785 Section. Contractor shall keep and preserve, during the Term of this Agreement, and for a period of not less 2786 than four (4) years following expiration or other termination hereof, full, complete, and accurate records, 2787 including all cash, billing and disposal records, as indicated in the Agreement. Nothing in this Agreement 2788 shall require Contractor to provide any of Confidential Information, proprietary information, trade secrets, or 2789 other protected intellectual property to City.
2790 23.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2791 of (i) SFD, MFD, MXD, Commercial, and City Solid Waste Collected and disposed under the terms of this 2792 Agreement, (ii) Recyclable Materials by type, Collected, processed, and residue disposed under the terms 2793 of this Agreement, (iii) Organic Waste Collected, processed and residue disposed under the terms of this 2794 Agreement, and (iv) Manure Collected and delivered for processing under the terms of this Agreement. 2795 23.01.3 Other Records. Contractor must maintain all other records reasonably related to 2796 provision of Integrated Waste Management Services, whether or not specified in this Agreement. 2797 23.01.3 Failure to Report. The refusal of Contractor to file any of the reports required, or 2798 the inclusion of any materially false or misleading statement or representation made knowingly by Contractor 2799 in such report, shall be deemed a material breach of this Agreement and shall subject Contractor to all 2800 remedies, legal or equitable, which are available to City under this Agreement or otherwise. 2801 23.01.4 Report Format. All reports to be submitted in a format approved by the City, 2802 including electronic data submission in the City’s Waste Reporting System and in a format specified by the 2803 City.

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2804 23.02 Quarterly Reporting.
2805 23.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last 2806 day of the month following the end of Quarter in which the receipts are collected and must be provided 2807 electronically using software acceptable to the City. If the last day of the month falls on a day that City is 2808 closed or a holiday, then the report will be due on the next business day. Failure to submit complete quarterly 2809 reporting by the due date will result in penalties as specified in Exhibit 6. 2810 23.02.2 City Reports. Quarterly reports to City must include:
2811 23.02.2.1 Quarterly Payment Reporting. The payment report must include 2812 an accounting of Contractor’s Gross Revenues received during the preceding Quarter, and the calculated 2813 Franchise Fee and Vehicle Impact Fee Payments.
2814 23.02.2.1 Franchised Tonnage and Service Data. Contractor must report the 2815 number of unique SFD and MFD accounts serviced, the number of unique Commercial, and City accounts 2816 serviced, tonnage of Garbage, Recyclable Materials, Organic Waste, and Manure collected and processed 2817 for diversion broken down by Container type, Residual amounts from Recyclable Materials, Organic Waste, 2818 and Manure Diversion operations that are landfilled. Quantities should be broken down by SFD, MFD, 2819 Commercial, and City Service Integrated Waste Management Services. 2820 23.02.2.2 Overweight Vehicle Reporting. The quarterly report must include 2821 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2822 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2823 transported during the reported quarter.
2824 23.02.2.3 Non-Collection. The quarterly report must include a summary of 2825 each Service Unit receiving a Non-Collection Notice in the previous quarter along with a description for the 2826 Non-Collection Notice and what the Contractor did to resolve the issue. 2827 23.02.2.4 On-hold. The quarterly report must include each Service Unit that 2828 was not billed in the previous quarter.
2829 23.02.2.5 Collection Overage Charges. The quarterly report must include 2830 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter. 2831 23.02.2.6 Contamination Reporting. To the extent required by Applicable 2832 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2833 procedures in Section 5.07. This summary must include the total number of accounts where contamination 2834 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2835 a list of accounts where such notices occurred, and the total number of instances where Collection 2836 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20) 2837 Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and 2838 the digital documentation of contamination however, Contractor shall provide an annual summary of 2839 contamination violation notices to the City for purposes of compliance reporting.

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2840 23.02.2.7 Service Recipient Complaint Log. The quarterly report must 2841 include the Service Recipient call log collected from the previous quarter and must include how each 2842 complaint was rectified. See 23.03.1.8.
2843 23.02.2.8 Compliance. Reports to City on Customers discovered to be out 2844 of compliance with the SB 1383 Regulations, including a list of the customers, the type of violation (including 2845 not donating edible food, not providing Containers for customer use, and other compliance violations), 2846 actions taken to educate those customers, and contact information for those customers. Such reports shall 2847 be provided quarterly or as required by City.
2848 23.03 Annual Reporting.
2849 23.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January 31, 2025 and each January 31st thereafter for the previous Calendar Year. If January 31st 2850 falls on a day that 2851 City is closed, then the report will be due on the next business day. Annual reports must be submitted 2852 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due date 2853 will result in penalties as specified in Exhibit 6. Annual reports to City must include:
2854 23.03.1.1 Annual Sustainability and Compliance Report. Contractor must 2855 complete and submit data sections within their Sustainability and Compliance Plan to document education 2856 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2857 waste audits completed, information distributed, and media used, and community events hosted. This must 2858 include public education activities undertaken during the year, including distribution of bill inserts, collection 2859 notification tags, community information and events, tours and other activities related to the provision of 2860 Integrated Waste Management Services, and must discuss the impact of these activities on recycling 2861 program participation and include amounts collected from SFD, MFD, Commercial, and City Service Units. 2862 The report should include a complete list of all non-exempt commercial accounts, which includes each non2863 exempt account’s status as a “covered generator” under AB 341, AB 1826 and SB 1383, the date and 2864 status of Contractor’s outreach efforts at each non-exempt account, and the current level of Recycling and 2865 Organics program participation at each non-exempt account. 2866 23.03.1.2 Summary of Programs. An analysis of any Recyclable Materials, 2867 Organic Waste, and Manure Collection, processing and marketing issues or conditions (such as 2868 participation, setouts, contamination, etc.) and possible solutions, discussed separately for Residential and 2869 Commercial programs.
2870 23.03.1.3 Solid Waste Data. The number of SFD, MFD, Commercial, and 2871 City Service Units and the number of Collection Containers distributed by size and Service Unit type. 2872 23.03.1.4 Waste Characterization Data. A breakdown of Solid Waste 2873 (Garbage, Recyclable Materials, Organics, and Manure) by material type as per CalRecycle material 2874 classifications.

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2875 23.03.1.5 Recyclable Materials Data. Gross tons Collected monthly by 2876 material type for SFD, MFD, Commercial, and City Recyclable Materials service. The average participation 2877 rates by quarter relative to the total number of Service Units by Service Unit type. Indicate, by material type 2878 (and grade where appropriate), the annual totals of Recyclable Materials processed. Indicate number of 2879 Recyclable Materials Collection Containers distributed by size and Service Unit type. Also provide annual 2880 totals and location for residue disposed.
2881 23.03.1.6 Organic Waste Data. Gross tons Collected for Organic Waste for 2882 SFD, MFD, Commercial, and City Organic Waste service. Include the total number of generators that 2883 receive each type of Organic Waste Collection Service provided by the Contractor. Indicate number of 2884 Organic Waste Collection Containers distributed by size and Service Unit type. Indicate, by material type, 2885 annual totals of Organic Materials processed. Provide totals and location for Residue Disposed. Include the 2886 number of route reviews conducted for prohibited contaminants and the number of Non-Collection Notices 2887 issued to Service Recipients.
2888 23.03.1.7 Manure Waste Data. Gross tons Collected for Manure for SFD, 2889 MFD, MXD, Commercial, and City Manure service. Indicate average daily number of set-outs by route. 2890 Indicate number of Manure Collection Containers distributed by size and Service Unit type. Indicate annual 2891 totals of Manure processed including facility name and location. Provide totals and location for Residue 2892 Disposed. Include the number of route reviews conducted for prohibited contaminants and the number of 2893 Non-Collection Notices issued to Service Recipients. 2894 23.03.1.8 Customer Service Log. A copy of the customer service log, 2895 including a summary of the type and number of complaints and their resolution. Copies of a written record 2896 of all calls related to missed pickups and responses to such calls. 2897 23.03.1.9 Customer Service Information Sheet. A copy of Contractor’s most 2898 recent Customer Service Information Sheet (i.e., customer call center “cheat sheet”) for the City or the 2899 equivalent information used by customer service representatives. 2900 23.03.1.10 Overweight Vehicle Data. A summary of all instances of 2901 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2902 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2903 Year.
2904 23.03.1.11 Summary Narrative. A summary narrative of problems 2905 encountered with Collection and processing activities and actions taken. Indicate type and number of Non2906 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury, 2907 significant changes in operation, market factors, publicity conducted, needs for publicity.. 2908 23.03.1.12 Collection Container and Vehicle Inventory. An updated complete 2909 inventory of Collection Containers by type and size, and an updated complete inventory of Collection 2910 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2911 license plate number, fuel type and vehicle make and model.

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2912 23.03.1.13 Diversion Rate. Contractor must provide documentation 2913 acceptable to City in its reasonable judgment stating and supporting the Calendar Year’s Franchise 2914 Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and 2915 disposed from large venues and events during the reporting period will be counted towards the calculated 2916 diversion rate.
2917 23.03.1.14 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor 2918 must report the total number of Service Units serviced and the number of containers, container sizes and 2919 frequency of collection for Garbage, Recyclable Materials, Organic Waste, and Manure for each non2920 exempt Commercial, MFD/MXD, and City Service Unit. Contractor must also provide the following 2921 information separately for both AB 341 and AB 1826:
2922 a) The total number of non-exempt Service Units that fall under the AB 341 or AB 2923 1826 thresholds, and the total number of those non-exempt Commercial, MFD, 2924 MXD, and City Service Units that are not subscribed to Commercial, MFD, MXD, 2925 or City Recyclable Materials Collection Service or Commercial, MFD, MXD, or 2926 City Organics Collection Service.
2927 b) A summary of the type of follow-up outreach that was provided to those non2928 exempt Service Units that are not subscribed to Recyclable Materials Collection 2929 Service or Organics Collection Service.
2930 c) Contractor shall provide proof of training records for Service Recipient personnel, 2931 emergency procedures, customer service courtesy, and how to recognize illicit 2932 discharges and stormwater pollution sources.
2933 d) A list of all recommended waivers for that calendar year, including copies of the 2934 waiver request form and other supporting documentation (may be provided 2935 electronically or over a web page) in accordance with Section 21.03. 2936 e) A list of the Tier One and Tier Two generators, as applicable, in accordance with 2937 Section 21.09 of the Agreement.
2938 23.03.1.15 For Route Reviews and Compliance Reviews:
2939 a) The date the review was conducted.
2940 b) The name and title of each person conducting the review. 2941 c) A list of the account names and addresses covered by the review. 2942 d) For Route Reviews, a description of each Hauler Route reviewed, and a general 2943 description of the Hauler Route area.

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2944 e) For Route Reviews, the results of such review (i.e. the addresses where any 2945 Prohibited Container Contaminants were found), and any photographs taken. 2946 f) For Compliance Reviews, the results of such review (i.e. Contractor’s findings as 2947 to whether the customers reviewed are subscribed for Organic Waste collection 2948 service, have an applicable waiver, or neither), and any relevant evidence 2949 supporting such findings (e.g. account records).
2950 g) Copies of any educational materials issued pursuant to such reviews. 2951 23.03.1.16 Documentation relating to observed Prohibited Container 2952 Contaminants, whether observed during Route Reviews or otherwise:
2953 a) Copies of the form of each notice issued to customers for Prohibited Container 2954 Contaminants, as well as, for each such form, a list of the customers to which 2955 such notice was issued, the date of issuance, the customer’s name and service 2956 address, and the reason for issuance (if the form is used for multiple reasons). 2957 b) The number of times notices were issued to customers for Prohibited Container 2958 Contaminants.
2959 c) The number of Containers where the contents were disposed due to observation 2960 of Prohibited Container Contaminants.
2961 23.04 Diversion Calculation and Data. By 5 p.m. PT on January 31, 2025 and annually thereafter 2962 during the term of this Agreement, Contractor must deliver to City, in the format specified by City, the Calendar 2963 Year’s Franchised Diversion Compliance rate in accordance with CalRecycle methodology. 2964 23.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 2965 annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying 2966 required data for preparation of the reports, and completing all required data input in the Waste Reporting 2967 System.
2968 23.05.1 Implementation Record. Contractor shall maintain, in form and format satisfactory 2969 to the City, an Implementation Record meeting the requirements of the SB 1383 Regulations and 2970 CalRecycle. Contractor shall be responsible for requesting information from the City for City-related activities 2971 such as procurement and outreach and education for maintenance of the Implementation Record. 2972 23.05.2 In the event that CalRecycle requires City to report an Implementation Schedule to 2973 comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide 2974 assistance to City in preparing a report, including Contractor’s policies and procedures related to compliance 2975 with AB 341, AB 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or Organic Waste 2976 are collected, a description of the geographic area, routes, list of addresses served and a method for tracking 2977 contamination, copies of route audits, copies of notice of contamination, copies of notices, violations,

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2978 education and enforcement actions issued, and copies of educational materials, flyers, brochures, 2979 newsletters, website, and social media.
2980 23.05.3 Waste Characterization Audit. Contractor must conduct waste audits of Residential 2981 and Commercial Service Recipients’ waste once annually, including Garbage, Recyclable Materials, and 2982 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 23.03.1.4) 2983 if Contractor and Agreement Administrator agree to not conduct Route Audits. Material types and guidance 2984 should follow CalRecycle requirements and/or recommendations. 2985 23.06 Additional Reporting. Contractor must furnish City with any additional reports as may 2986 reasonably be required to comply with CalRecycle or California Air Resource Board requirements, such 2987 reports to be prepared within a reasonable time following the reporting period. 2988 Article 24. Nondiscrimination
2989 24.01 Nondiscrimination. In the performance of all work and services under this Agreement, 2990 Contractor may not discriminate against any person based on such person’s race, sex, gender, gender 2991 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all 2992 applicable local, State and Federal laws and regulations regarding nondiscrimination, including those 2993 prohibiting discrimination in employment.
2994 Article 25. Service Inquiries and Complaints
2995 25.01 Contractor’s Customer Service. All service inquiries and complaints will be directed to 2996 Contractor. A representative of Contractor must be available to receive the complaints during normal business 2997 hours. Customer Service training shall include Service Recipient courtesy, shall prohibit the use of loud or 2998 profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best 2999 efforts to assure that all employees present a neat appearance and conduct themselves in a courteous 3000 manner. All service complaints will be handled by Contractor in a prompt and efficient manner. All cases must 3001 be responded to and documented within one (1) Business Day and resolved in a reasonable timeframe under 3002 the circumstances. Any service complaints related to missed pick-ups shall be resolved within one (1) 3003 Business Day. In the case of a dispute between Contractor and a Service Recipient, the matter will be 3004 reviewed, and a decision made by the Agreement Administrator. 3005 25.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 3006 and complaints in a manner prescribed by City.
3007 25.01.2 For those complaints related to missed Collections, where Containers are properly 3008 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service Unit 3009 address and Collect the missed materials before leaving the Service Area for the day. For those complaints 3010 related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will have until 3011 noon the following Work Day to resolve the complaint. For those complaints related to repair or replacement 3012 of Collection Containers, the appropriate Sections of this Agreement will apply.

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3013 25.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 3014 Materials, Organic Waste, and Manure be collected on the scheduled Collection day. Accordingly, missed 3015 Collections will normally be Collected as set forth above regardless of the reason that the Collection was 3016 missed. However, in the event a Service Recipient requests missed Collection service more than two (2) 3017 times in any consecutive two (2) month period the Agreement Administrator will work with Contractor to 3018 determine an appropriate resolution to that situation. In the event Contractor believes any complaint to be 3019 without merit, Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator 3020 will investigate all disputed complaints and render a decision. 3021 25.01.4 Contractor’s service and emergency telephone numbers must be accessible by a 3022 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area’s 3023 telephone directories under Contractor’s name available through an online search and listed on the 3024 Contractor’s website.
3025 Article 26. Quality of Performance of Contractor
3026 26.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering 3027 into this Agreement is to provide Integrated Waste Management Services of the highest caliber, that Service 3028 Recipient satisfaction remains at the highest level, that maximum diversion levels are achieved, and that 3029 materials Collected are put to the highest and best use to the extent possible. 3030 26.02 Liquidated Damages and Penalties. Quality performance by the Contractor is of primary 3031 importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed 3032 in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 3033 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 3034 will necessarily suffer damages and that such damages, from the nature of the default in performance will be 3035 extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 3036 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 3037 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. 3038 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that:
3039 (i) substantial damage results to members of the public who are denied services or denied quality or reliable 3040 service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits of this 3041 Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective 3042 ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) 3043 services might be available at substantially lower costs than alternative services, and the monetary loss 3044 resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise 3045 monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at 3046 best, a means of future correction and not remedies which make the public whole for past breaches. 3047 26.03 Procedure for Review of Liquidated Damages. The Agreement Administrator may assess 3048 administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly. At the 3049 end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written notice 3050 to Contractor (“Notice of Assessment”) of the Liquidated Damages assessed and the basis for each 3051 assessment.

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3052 26.03.1 The assessment will become final unless, within ten (10) calendar days of the date 3053 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 3054 present evidence that the assessment should not be made. 3055 26.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 3056 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 3057 26.03.3 The City Manager will review Contractor’s evidence and render a decision 3058 sustaining or reversing the Liquidated Damages as soon as reasonably possible after the meeting. Written 3059 notice of the decision will be provided to Contractor. 3060 26.03.4 In the event Contractor does not submit a written request for a meeting within ten 3061 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator’s determination 3062 will be final.
3063 26.03.5 City’s assessment or collection of Liquidated Damages will not prevent City from 3064 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure 3065 to perform the work and services in the manner set forth in this Agreement. 3066 26.04 Uncontrollable Circumstances.
3067 26.04.1 If either party is prevented from or delayed in performing its duties under this 3068 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 3069 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 3070 other natural or man-made disasters, the threat of such natural or man-made disasters, pandemics (or threat 3071 of same), quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, 3072 lockouts, or other labor disturbances, acts of government or governmental restraint or other causes, whether 3073 of the kind enumerated or otherwise, that are not reasonably within the control of the affected party, then the 3074 affected party will be excused from performance hereunder during the period of such disability. 3075 26.04.2 The party claiming excuse from performance must promptly notify the other party 3076 when it learns of the existence of such cause, including the facts constituting such cause, and when such 3077 cause has terminated.
3078 26.04.3 The interruption or discontinuance of services by a party caused by circumstances 3079 outside of its control will not constitute a default under this Agreement. 3080 Article 27. Performance Bond
3081 27.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 3082 this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter 3083 of credit (hereinafter collectively “Performance Bond”), issued or drawn upon a surety, bank or financial 3084 institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful 3085 performance of this Agreement and all obligations arising hereunder in an amount as follows:

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3086 27.01.1 From July 1, 2024, and so long as this Agreement or any extension thereof remains 3087 in force, Contractor must maintain a performance bond in the amount of one million dollars ($1,000,000). 3088 27.01.1.1 The performance bond must be executed by a surety company 3089 licensed to do business in the State of California; having an “A-“or better rating by A. M. Best or Standard 3090 and Poor’s; and included on the list of surety companies approved by the Treasurer of the United States. 3091 27.01.1.2 In the event City draws on the bond, all of City’s costs of collection 3092 and enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor. 3093 27.01.1.3 The Performance Bond must be renewed annually for the entire 3094 term of the Agreement and evidence must be provided to City annually. 3095 27.01.1.4 In the event Contractor shall for any reason (except as otherwise 3096 provided in this Agreement) become unable to, or fail in any way, to perform as required by this Agreement, 3097 City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make 3098 whole the City, forfeited to the City. Upon partial or full forfeiture of the Performance Bond, Contractor shall 3099 restore the Performance Bond to its original amount within thirty (30) days of the City’s notice to do so. 3100 Failure to restore the Performance to its full amount within thirty (30) days shall be a material breach of this 3101 Agreement.
3102 Article 28. Insurance
3103 28.01 Insurance Policies. Contractor must secure and maintain throughout the term of this 3104 Agreement insurance against claims for injuries to persons or damages to property which may arise from or 3105 in connection with Contractor’s performance of work or services under this Contract. Contractor’s 3106 performance of work or services includes performance by Contractor’s employees, agents, representatives, 3107 and subcontractors.
3108 28.02 Minimum Insurance Requirements.
3109 28.02.1 General Liability Insurance. Contractor shall maintain commercial general liability 3110 insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not 3111 less than $5,000,000 per occurrence, $6,000,000 general aggregate, for bodily injury, personal injury, and 3112 property damage. The policy must include contractual liability that has not been amended. Any endorsement 3113 restricting standard ISO “insured contract” language will not be accepted. 3114 28.02.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at 3115 least as board as Insurance Services Office Form CA 00 20 covering bodily injury and property damages for 3116 all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement 3117 including any owned, hired, non-owned, or rented vehicles, in an amount not less than $10,000,000 3118 combined single limit for each accident.

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3119 28.02.3 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an 3120 umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property 3121 damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. 3122 Such policy or policies shall include the following terms and conditions:
3123  A drop-down feature requiring the policy to respond if any primary insurance that 3124 would otherwise have applied proves to be uncollectible in whole or in part for any 3125 reason, other than bankruptcy or insolvency of said primary insurer; 3126  “Pay on behalf of” working as opposed to “reimbursement”; 3127  Concurrency of effective dates with primary policies. 3128 Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over 3129 commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies 3130 shall include wording that the excess liability policy follows the terms and conditions of the underlying 3131 policies.
3132 28.02.4 Workers’ Compensation and Employers Liability: Workers’ Compensation limits as 3133 required by the California Labor Code and Employers Liability limits of $3,000,000 per accident. Contractor 3134 shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of 3135 Agency, its officers, agents, employees, and volunteers. 3136 28.02.5 Environmental Pollution Liability: Pollution legal liability insurance coverage shall be 3137 in an amount no less than Ten Million Dollars ($10,000,000) per claim and in the aggregate. Coverage shall 3138 be extended a minimum of three (3) years beyond the term of the contract and such insurance shall contain 3139 all standard extensions customary for such policy and shall cover prior acts. 3140 28.02.6 Cyber Liability Insurance. Contractor shall maintain either an endorsement to its 3141 general liability policy, or a separate policy of insurance covering cyber liability. Said coverage shall be in 3142 the amount of not less than Five Million Dollars ($5,000,000) per occurrence, and Five Million Dollars 3143 ($5,000,000) in the aggregate.
3144 28.03 Insurance Provisions/Requirements.
3145 28.03.1 Additional Insured Status. General liability, automobile liability, and umbrella/excess 3146 liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, 3147 employees, agents, and volunteers shall be additional insureds under such policies. Contractor may comply 3148 with this requirement using an umbrella policy.
3149 28.03.2 Requirements not limiting. Requirements of specific coverage features or limits 3150 contained in this section are not intended as a limitation on coverage, limits or other requirements, or a 3151 waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature 3152 is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured 3153 to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains

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3154 higher limits than the minimum shown above, the City requires and shall be entitled to coverage for the 3155 higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified 3156 minimum limits of insurance and coverage shall be available to the City. 3157 28.03.3 Self-Insured Retentions. City reserves the right to require proof of ability to pay 3158 losses and related investigations, claim administration, and defense expenses within the retention through 3159 confirmation from the underwriter.
3160 28.03.4 Primary/Non-Contributing. Coverage provided by Contractor shall be primary and 3161 any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. 3162 The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess 3163 insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such 3164 coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s 3165 own insurance or self- insurance shall be called upon to protect it as a named insured. 3166 28.03.5 Proof of Insurance. Contractor shall provide certificates of insurance and required 3167 endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and 3168 endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current 3169 certification of insurance shall be kept on file with City for the contract period and any additional length of 3170 time required thereafter. City reserves the right to require complete, certified copies of all required insurance 3171 policies, at any time.
3172 28.03.6 Duration of Coverage. Contractor shall procure and maintain for the contract period, 3173 and any additional length of time required thereafter, insurance against claims for injuries to persons or 3174 damages to property, or financial loss which may arise from or in connection with the performance of the 3175 Work hereunder by Contractor, their agents, representatives, employees, or subcontractors. 3176 28.03.7 City’s Rights of Enforcement. In the event any policy of insurance required under 3177 this Agreement does not comply with these specifications or is canceled and not replaced, City has the right 3178 but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly 3179 reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. 3180 In the alternative, City may cancel this Agreement. 3181 28.03.8 Acceptable Insurers. All insurance policies shall be issued by an insurance 3182 company currently authorized by the Insurance Commissioner to transact business of insurance or is on the 3183 List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of 3184 A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s 3185 Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 3186 28.03.9 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to 3187 this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, 3188 officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance 3189 evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor

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3190 hereby waives its own right of recovery against City and shall require similar written express waivers and 3191 insurance clauses from each of its subcontractors. 3192 28.03.10 Enforcement of Contract Provisions (Non-Estoppel). Contractor acknowledges 3193 and agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance 3194 with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 3195 28.03.11 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker 3196 and insurers to provide the City with a thirty (30) day notice of cancellation of coverage for each required 3197 coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have 3198 the responsibility of notifying the City immediately in the event of Contractor’s failure to renew any of the 3199 required insurance coverages or insurer’s cancellation or non-renewal. 3200 28.03.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required 3201 herein will be in compliance with these requirements if they include any limiting endorsement of any kind 3202 that has not been first submitted to City and approved of in writing. 3203 28.03.13 Separation of Insureds. A severability of interests provision must apply for all 3204 additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom 3205 claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not 3206 contain any cross-liability exclusions.
3207 28.03.14 Pass Through Clause. Contractor agrees to use commercially reasonable efforts 3208 to enter into agreements with its subconsultants, subcontractors, and any other party who is brought onto or 3209 involved in the project/service by Contractor (hereinafter collectively “subcontractor”), providing the same 3210 minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and 3211 review all such coverage and assumes all responsibility for ensuring that such coverage is provided in 3212 conformity with the requirements of this section. However, in the event Contractor’s subcontractor cannot 3213 comply with this requirement, which proof must be submitted to the City, Contractor and City shall meet and 3214 confer to discuss reasonable alternative insurance coverage and endorsements for subcontractors sufficient 3215 to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than 3216 required of the Contractor, but in all other terms consistent with the Contractor’s requirements under this 3217 Agreement. This provision does not relieve the Contractor of its contractual obligations under the agreement 3218 and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is 3219 intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified 3220 to perform the work or services but may not carry the same insurance limits as required of the Contractor 3221 under this agreement given the limited scope of work or services provided by the subcontractor. Contractor 3222 agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be 3223 submitted to City for review.
3224 28.03.15 City’s Rights to Revise Specifications. The City reserves the right at any time 3225 during the term of the contract to change the amounts and types of insurance required by giving the 3226 Contractor ninety (90) days advance written notice of such change. If such change results in material 3227 additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.

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3228 28.03.16 Timely Notice of Claims. Contractor shall give City prompt and timely notice of 3229 claims made or suits instituted that arise out of or result from Contractor’s performance under this 3230 Agreement, and that involve or may involve coverage under any of the required liability policies. 3231 28.03.17 Additional Insurance. Contractor shall also procure and maintain, at its own cost 3232 and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper 3233 protection and prosecution of the Work.
3234 Proof of insurance must be emailed to the City Manager or mailed to the following address, or any 3235 subsequent address as may be directed by the City. 3236 City of Norco
3237 2870 Clark Avenue, Norco, CA 92860
3238 28.04 Subcontractors. Contractor must include all subcontractors performing services in the City 3239 as insureds under its policies or subcontractors must obtain separate certificates and endorsements. 3240 28.05 Rights of Subrogation. All required insurance policies must preclude any underwriter’s 3241 rights of recovery or subrogation against City with respect to matters related to Contractor’s performance of 3242 its obligations under this Agreement, with the express intention of the parties being that the required insurance 3243 coverage protects both parties as the primary coverage for any and all losses covered by the above-described 3244 insurance.. The clauses ‘Other Insurance Provisions’ and ‘Insured Duties in the Event of an Occurrence, 3245 Claim or Suit’ as it appears in any policy of insurance in which City is named as an additional insured will not 3246 apply to City.
3247 28.06 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 3248 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time 3249 City shall have the option, but not the obligation to, at Contractor’s sole expense: (i) hire replacement waste 3250 hauler services to perform Contractor’s tasks until insurance coverage is resumed; or (ii) obtain replacement 3251 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 3252 option to terminate this Agreement immediately.
3253 Article 29. Hold Harmless and Indemnification
3254 29.01 Defense and Indemnity of Third-Party Claims/Liability. Contractor shall indemnify, defend, 3255 and hold harmless City Indemnitees from and against all liability including, but not limited to, loss, damage, 3256 expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and 3257 fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, 3258 or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations 3259 contained in the Agreement, except such loss or damage which is caused by the negligence or willful 3260 misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing 3261 both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then 3262 Contractor shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, 3263 expert fees and all other costs and fees of litigation. The Contractor shall promptly pay City any final judgment 3264 rendered against City (and its officers, officials, employees, and volunteers) with respect to claims determined

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3265 by a trier of fact to have been the result of Contractor’s negligent, reckless, or wrongful performance. It is 3266 expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as 3267 is permitted by the law of the State of California and will survive termination of this Agreement. 3268 29.01.1 Contractor’s obligations under this Section apply regardless of whether or not such 3269 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or 3270 penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the 3271 rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold 3272 harmless City for liability attributable to the negligence or willful misconduct of City, provided such negligence 3273 or willful misconduct is determined by agreement between the parties or by findings of a court of competent 3274 jurisdiction. In instances where City is shown to have been negligent and where City’s negligence accounts 3275 for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or 3276 percentage of liability not attributable to the negligence of City. 3277 29.02 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 3278 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 3279 City, of any insurance certificates described in Article 28. 3280 29.03 Diversion Indemnification. Subject to the requirements of Public Resources Code section 3281 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees 3282 to protect and defend City Indemnitees, to pay all attorneys’ fees, and to indemnify and hold City Indemnitees 3283 harmless from and against all fines or penalties imposed by the California Integrated Waste Management 3284 Board if the diversion goals specified in California Public Resources Code section 41780, as it may be 3285 amended, are not met by City with respect to the Materials Collected by Contractor and if the lack in meeting 3286 such goals are attributable to the failure of Contractor to implement and operate the recycling or diversion 3287 programs or undertake the related activities required by this Agreement. In the event CalRecycle provides an 3288 administrative process to challenge the imposition of a compliance order or a fine or fines, Contractor will be 3289 responsible for engaging any consultants or attorneys necessary to represent City against claims which 3290 Contractor must indemnify the City for under this Section. Contractor will be responsible for the retention of 3291 and payment to any consultants engaged to perform waste generation studies (diversion and disposal). 3292 29.04 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend, protect 3293 and hold harmless the City Indemnitees from and against any and all Claims of any kind whatsoever paid, 3294 suffered or incurred by or against the City Indemnitees resulting from any repair, cleanup, removal action or 3295 response action undertaken pursuant to CERCLA, the Health & Safety Code or other similar Federal, State 3296 or local law or regulation, with respect to Solid Waste or Household Hazardous Waste Collected and Disposed 3297 of by Contractor in performance of this Agreement. The foregoing indemnity is intended to operate as an 3298 agreement pursuant to Section 10(e) of CERCLA and Section 25364 of the Health & Safety Code to defend, 3299 protect, hold harmless and indemnify the City Indemnitees from all forms of liability under CERCLA, the Health 3300 & Safety Code or other similar Federal, State or local law or regulation. 3301 29.05 Proposition 218 Release. City intends to comply with Applicable Law concerning the 3302 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 3303 good faith determination that the Maximum Service Rates for the Solid Waste Integrated Waste Management

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3304 Services provided under this Agreement are not subject to California Constitution Articles XIIIC and XIIID 3305 because, among other reasons, such services are provided by a private corporation and not by City pursuant 3306 to Article 5, Contractor independently establishes the rates for services within the limits established in this 3307 Agreement, the receipt of services is voluntary and not required of any property within City, and any owner 3308 or Service Recipient of property within City has the opportunity to avoid the services available under this 3309 Agreement either through self-hauling or use of property in such a manner that Solid Waste is not generated. 3310 Accordingly, in the event that a third party challenges the Maximum Service Rates as being in violation of 3311 Article XIIIC or XIIID of the California Constitution, or otherwise asserting that the Maximum Service Rate are 3312 an invalid tax, assessment or fee, Contractor agrees to waive, release and hold harmless the City Indemnitees 3313 from and against any and all claims Contractor may have against the City Indemnitees resulting from 3314 adjustments to or the addition of the Maximum Service Rates under this Agreement that are prohibited as a 3315 result of the Proposition 218 process, and to indemnify and defend City indemnitees from any third party 3316 claim, suit, or other action, whether administrative, legal, or equitable. This Section will survive the expiration 3317 or termination of this Agreement for Claims arising prior to the expiration or termination of this Agreement. 3318 29.06 Consideration. It is specifically understood and agreed that the consideration inuring to 3319 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and 3320 responsibilities contained in this Agreement.
3321 29.07 Obligation. This Agreement obligates Contractor to comply with the foregoing 3322 indemnification and release provisions; however, the collateral obligation of providing insurance must also be 3323 complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall 3324 not in any way be a limitation on Contractor’s indemnification and defense obligations. 3325 29.08 Subcontractors. Contractor shall use commercially reasonable efforts to enter into 3326 agreements with subcontractors performing work in the City containing the applicable provisions set forth in 3327 Section 28.01 [Insurance] in which contract the subcontractor fully indemnifies City in accordance with this 3328 Agreement.
3329 29.09 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to 3330 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability, 3331 penalty, damage, action, or suit arising or resulting from acts or omissions constituting negligence, willful 3332 misconduct, breach of this Agreement, or violation of law on the part of City, its officers or employees. 3333 29.10 Damage by Contractor. If Contractor’s employees or subcontractors cause any injury, 3334 damage, or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3335 tear, Contractor must reimburse City for City’s cost of repairing or replacing such injury, damage or loss. Such 3336 reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such injury, 3337 damage, or loss. With the prior written approval of City, Contractor may repair the damage at Contractor’s 3338 sole cost and expense. Any injury, damage or loss to private property caused by the negligent or willful acts 3339 or omissions of Contractor to private property must be repaired or replaced by Contractor at Contractor’s sole 3340 expense. Disputes between Contractor and its Service Recipients or private property owners as to damage 3341 to private property are civil matters and complaints of damage will be referred to Contractor as a matter within 3342 its sole responsibility and as a matter within the scope of Section 29.01 [Indemnification].

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3343 Article 30. Default of Agreement
3344 30.01 Termination. City may cancel this Agreement, except as otherwise provided below in this 3345 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3346 this Agreement, upon the happening of any one of the following events:
3347 30.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes a 3348 general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a petition 3349 or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the 3350 Federal bankruptcy laws or under any other law or statute of the United States or any State thereof, or 3351 consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 3352 30.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3353 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3354 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3355 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3356 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3357 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default 3358 will be deemed immediate; or
3359 30.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule or 3360 any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, 3361 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3362 such possession or control continues in effect for a period of sixty (60) calendar days; or 3363 30.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3364 Liquidated Damages or other monies due City and such default is not cured within thirty (30) calendar days 3365 of receipt of written notice by City to do so; or
3366 30.01.5 Contractor has defaulted by allowing any final judgment by a court of competent 3367 jurisdiction for the payment of money owed to City by Contractor to stand against it unsatisfied after the date 3368 any such payment of money owed to City is due, and such default is not cured within thirty (30) calendar 3369 days of receipt of written notice by City to do so; provided that in the event that the monies due City under 3370 Section 30.01.4 above or an unsatisfied final judgment described in this Section is the subject of a judicial 3371 proceeding, Contractor will not be in default if the sum of money is bonded. All bonds must be in the form 3372 acceptable to the City Attorney; or
3373 30.01.6 Contractor has defaulted, by failing or refusing to perform or observe any of the 3374 terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a 3375 performance bond in accordance with Article 27, or any of the rules and regulations promulgated by City 3376 pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement 3377 Administrator relative thereto and such default is not cured within thirty (30) calendar days of receipt of 3378 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied 3379 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so,

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3380 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following such 3381 written notice or having so commenced fails thereafter to continue with diligence the curing thereof (with 3382 Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) 3383 calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be cured 3384 within a reasonable period of time). However, notwithstanding anything contained herein to the contrary, for 3385 the failure of Contractor to provide Integrated Waste Management Services for a period of six (6) consecutive 3386 Work Days, City may secure Contractor's records on the seventh (7th) Work Day in order to provide interim 3387 Integrated Waste Management Services until such time as the matter is resolved and Contractor is again 3388 able to perform pursuant to this Agreement; provided, however, if Contractor is unable for any reason or 3389 cause to resume performance at the end of thirty (30) calendar days all liability of City under this Agreement 3390 to Contractor will cease and this Agreement may be terminated by City. 3391 30.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of 3392 termination of this Agreement under this Article, in the event that Contractor's record of performance shows 3393 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to 3394 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and 3395 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be 3396 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period to 3397 correct, and all such defaults will be considered cumulative and collectively will constitute a condition of 3398 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore, 3399 and any single default by Contractor of the same violation, subsequent to the occurrence of the last of such 3400 cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such 3401 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such 3402 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual 3403 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will 3404 have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must 3405 cease any further performance under this Agreement. 3406 30.03 Effective Date. In the event of any the events specified above, and except as otherwise 3407 provided in such subsections, termination will be effective upon the date specified in City's written notice to 3408 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such 3409 termination, City shall be liable for payment of services rendered up to and including the date of termination, 3410 and City will have the right to call the performance bond and will be free to negotiate with other contractors 3411 for the operation of interim and long-term Integrated Waste Management Services. Contractor must 3412 reimburse City for its reasonable direct costs of providing any interim Integrated Waste Management Services 3413 as a result of Contractor’s default of this Agreement that results in termination under this Section. 3414 30.04 Termination Cumulative. City’s right to terminate this Agreement is cumulative to any other 3415 rights and remedies provided by law or by this Agreement. 3416 30.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence 3417 of any of the events or conditions set forth in Section 26.04 [Uncontrollable Circumstances], refuse or be 3418 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste 3419 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City

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3420 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3421 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3422 safety or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect 3423 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide 3424 twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting 3425 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect 3426 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3427 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3428 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3429 reasonable expenses for such substitute services during period in which Contractor is unable to provide 3430 Integrated Waste Management Services required by this Agreement. 3431 30.06 Survival of Certain Contractor Obligations. Notwithstanding the termination of this 3432 Agreement by Contractor or City, Contractor’s obligation to indemnify, defend and hold City and City 3433 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date 3434 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not 3435 automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar 3436 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance 3437 bonds and other instruments shall remain in full force and effect for one full year after termination. 3438 Article 31. Modifications to the Agreement
3439 31.01 City-Directed Change. City has the power to make changes in this Agreement to impose 3440 new obligations or requirements on Contractor under this Agreement relative to the scope and methods of 3441 providing Integrated Waste Management Services as may from time-to-time be necessary and desirable for 3442 the public welfare or required by law. The size of Collection Containers specified herein for Bundled Service 3443 are designed to meet the requirements of the Applicable Law, inclusive of the State’s recycling mandates 3444 including AB 341, AB 1826 and SB 1383, and to be appropriate for the capabilities of available Materials 3445 Recovery Facilities and Organics Waste Processing Facilities at the start of this Agreement. The capabilities 3446 of such facilities may change during the term of this Agreement; as such City reserves the right to redirect 3447 materials to alternate facilities and change the designated sizes of Carts and/or Bins in Bundled Services in 3448 accordance with any such changes. City will give the Contractor notice of any proposed change and an 3449 opportunity to be heard concerning those matters and agrees to adjust Service Rates to reflect additional 3450 costs borne by Contractor. The scope and method of providing Integrated Waste Management Services as 3451 referenced herein will be liberally construed to include the procedures, operations, and obligations, financial 3452 or otherwise, of Contractor. When such modifications are made to this Agreement, City and Contractor will 3453 negotiate in good faith, a reasonable and appropriate compensation adjustment for any increase or decrease 3454 in the services or other obligations required of Contractor due to any modification in the Agreement under this 3455 Article. City and Contractor will not unreasonably withhold agreement to such compensation adjustment. 3456 Should agreement between City and Contractor on compensation adjustment not be reached within six 3457 months of the change request, or other period as agreed upon by both parties, City and Contractor agree to 3458 submit the compensation adjustment to binding arbitration as described in Section 31.02.

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3459 31.01.1 Change in Law. City and Contractor understand and agree that the California 3460 Legislature has the authority to make comprehensive changes in Integrated Solid Waste Handling 3461 legislation, and that these and other changes in Applicable Law in the future which mandate certain actions 3462 or programs for counties, municipalities or Contractor may require changes or modifications in some of the 3463 terms, conditions, or obligations under this Agreement. Contractor agrees that the terms and provisions of 3464 the City Municipal Code, as it now exists or as it may be amended in the future (in a manner not inconsistent 3465 with this Agreement), will apply to all of the provisions of this Agreement and the Service Recipients of 3466 Contractor located within the Service Area. In the event any future change in the Applicable Law, inclusive 3467 of any change in Federal law or regulations, State or local law of regulation, or the City Code that materially 3468 alters the obligations of Contractor, then Contractor shall be obligated to, and hereby agrees to, undertake 3469 such new or modified services or programs or take such other actions as may be necessary to comply with 3470 the Change in Law (“Modified Services”), provided that City and Contractor negotiate in good faith, and 3471 agree upon a reasonable and appropriate compensation adjustment for such Modified Services, prior to 3472 Contractor being obligated to undertake the Modified Services. City and Contractor will not unreasonably 3473 withhold agreement to such compensation adjustment. Should agreement between City and Contractor on 3474 compensation adjustment not be reached within six months of the change request, or other period as agreed 3475 upon by both parties, City and Contractor agree to submit the compensation adjustment to binding arbitration 3476 as described in Section 31.02. Nothing contained in this Agreement will require any party to perform any 3477 act or function contrary to law.
3478 31.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days 3479 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties 3480 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial 3481 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under 3482 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one3483 half of the costs of the arbitrator. 3484 Article 32. Legal Representation
3485 32.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3486 represented by counsel in the preparation of and contributed equally to the terms and conditions of this 3487 Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing the 3488 same will not apply due to the joint contributions of both parties. 3489 Article 33. Conflict of Interest
3490 33.01 Financial Interest. Consultant is unaware of any City employee or official that has a 3491 financial interest in Consultant's business. During the term of this Agreement and/or as a result of being 3492 awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's 3493 business by any City employee or official.

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3494 Article 34. Contractor's Personnel
3495 34.01 Displaced Employees. Contractor shall offer employment to all qualified displaced 3496 employees of the City’s franchisees from the prior Exclusive Solid Waste Franchise Agreement. Contractors 3497 must retain these displaced employees for a period of not less than 90 days, as provided for in Chapter 4.6, 3498 Sections 1070 through 1076 of the California Labor Code. Contractor shall make information about wage 3499 rates, benefits and job classifications of employees available to the City prior to any subsequent procurement 3500 for solid waste collection.
3501 34.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3502 services required under this Agreement and shall be responsible for ensuring its employees comply with this 3503 Agreement and all Applicable Laws related to their employment and position. Contractor's employees, 3504 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3505 being employees or officials of City. City may request the transfer of any employee of Contractor who 3506 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3507 performance of their duties under this Agreement.
3508 34.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its 3509 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3510 to the Commencement Date of this Agreement and annually by January 1st of each subsequent Calendar 3511 Year of this Agreement and any other time the person in that position changes. The Agreement Manager 3512 must be available to the City through the use of telecommunications equipment at all times that Contractor is 3513 providing Integrated Waste Management Services in the Service Area. The Contract Manager must provide 3514 City with an emergency phone number where the Contract Manager can be reached outside of normal 3515 business hours.
3516 34.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service 3517 Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of 3518 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3519 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor 3520 changes the employee serving in that position changes. The Service Supervisor must be physically located 3521 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3522 equipment at all times that Contractor is providing Integrated Waste Management Services. In the event the 3523 Service Supervisor is unavailable due to illness or vacation, Contractor must designate a substitute 3524 acceptable to the City who shall be available and shall have the authority to act in the same capacity as the 3525 Service Supervisor.
3526 34.05 Key Operations Staff. Contractor shall identify a full-time Key Operations Staff consisting 3527 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical 3528 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3529 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number and 3530 office address.

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3531 34.06 Sustainability/Compliance Staff. In accordance with Section 21.01, Contractor shall provide 3532 full time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. 3533 34.07 Field Personnel. Contractor’s field operations personnel are required to wear a clean 3534 uniform shirt bearing Contractor’s name. Contractor’s employees, who normally come into direct contact with 3535 the public, including drivers, must bear some means of individual photographic identification such as a name 3536 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3537 license and all other required licenses for the type of vehicle that is being operated. 3538 34.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3539 the California Labor Code that require every employer to be insured against liability for Workers' 3540 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3541 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3542 person so that any part of this Agreement is so performed by such person would be subject to the workers' 3543 compensation laws of the State of California unless and until Contractor gives City a certificate of consent to 3544 self-insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3545 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either 3546 require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3547 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3548 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance 3549 Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of 3550 subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3551 subcontractors.
3552 34.09 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3553 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3554 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state, 3555 and local licenses required for the work they are assigned to perform. Contractor shall require any 3556 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3557 to agree they are independent contractors and have no other agency relationship with City. 3558 Article 35. Exempt Waste
3559 35.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such 3560 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if 3561 provided by Contractor must be in compliance with all Applicable Laws. 3562 Article 36. Independent Contractor
3563 36.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3564 contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of the 3565 details of the services and work performed and over all persons performing such services and work. 3566 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and 3567 subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or subcontractors

Final Agreement 3/6/2024 Page 100 of 168
3568 will obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which 3569 accrued to City employees and Contractor expressly waives any claim to such benefits. 3570 36.02 Subcontractors. Contractor will use commercially reasonable efforts to enter into a contract 3571 with subcontractors performing work in the City containing the provisions set forth in the preceding subsection 3572 in which contract the subcontractor agrees that Contractor and subcontractor are independent contractors 3573 and have no other agency relationship with City.
3574 Article 37. Laws to Govern
3575 37.01 The law of the State of California governs the rights, obligations, duties and liabilities of 3576 City and Contractor under this Agreement and govern the interpretation of this Agreement, without regard to 3577 its conflicts of law principles.
3578 Article 38. Consent to Jurisdiction
3579 38.01 The parties agree that any litigation between City and Contractor concerning or arising out 3580 of this Contract must be filed and maintained exclusively in the Superior Courts of Riverside County, State of 3581 California, or in the United States District Court for the Central District of California to the fullest extent 3582 permissible by law. Each party consents to service of process in any manner authorized by California law. 3583 Article 39. Assignment
3584 39.01 No assignment of this Agreement or any right occurring under this Agreement may be 3585 made in whole or in part by Contractor without the express prior written consent of the City; provided however 3586 that Contractor may assign its rights and obligations under this Agreement to an affiliate of Contractor upon 3587 written notice to City (an “Affiliate Assignment”). City will have full discretion to approve or deny, with or without 3588 cause, any proposed or actual assignment by the Contractor. Except with respect to an Affiliate Assignment 3589 , any assignment of this Agreement made by Contractor without the express written consent of the City will 3590 be null and void and will be grounds for City to declare a default of this Agreement and immediately terminate 3591 this Agreement by giving written notice to Contractor, and upon the date of such notice Contract will be 3592 deemed immediately terminated, and upon such termination all liability of City under this Contract to 3593 Contractor will cease, and City will have the right to call the performance bond and will be free to negotiate 3594 with other contractors, for the services that are the subject of this Agreement. In the event of any assignment 3595 approved by City, the assignee must fully assume all the liabilities of Contractor by way of an assignment and 3596 assumption agreement. A sale or other transfer of more than fifty percent (50%) of the shares, stocks, points, 3597 or other indicia of ownership interest in Contractor shall be considered to be an assignment under this Article 3598 requiring prior written consent of the City. Upon notification to the City, Contractor shall provide to the City 3599 a payment of one hundred fifty thousand dollars ($150,000) for the city to perform its due diligence related to 3600 a requested Assignment to which the City must consent. 3601 39.02 The use of a subcontractor to perform services under this Contract will not constitute 3602 delegation of Contractor’s duties if Contractor has received prior written authorization from the Agreement 3603 Administrator to subcontract such services and the Agreement Administrator has approved a subcontractor

Final Agreement 3/6/2024 Page 101 of 168
3604 who will perform such services. Contractor will be responsible for directing the work of Contractor’s 3605 subcontractors and any compensation due or payable to Contractor’s subcontractor will be the sole 3606 responsibility of Contractor. The Agreement Administrator will have the right to require the removal of any 3607 approved subcontractor for reasonable cause.
3608 Article 40. Compliance with Laws; Further Assurances 3609 40.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3610 including, without limitation, the Norco Municipal Code. 3611 40.02 City shall provide written notice to Contractor of any planned amendment of the Norco 3612 Municipal Code that would substantially affect the performance of Contractor’s services pursuant to this 3613 Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council’s approval 3614 of such an amendment.
3615 40.03 Each party agrees to execute and deliver any instruments and to perform any acts as may 3616 be necessary or reasonably requested by the other in order to give full effect to this Agreement. The parties 3617 agree to act reasonably in exercising any action, discretion, judgment, approval or extension of time that may 3618 be required to affect the purpose and intent of this Agreement. Whenever the approval or consent of a party 3619 is required under this Agreement such consent shall not be unreasonably withheld or delayed. 3620 Article 41. Permits and Licenses
3621 41.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or 3622 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must 3623 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and 3624 conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator. 3625 41.02 The Contractor must have a valid City Business Tax Certificate throughout the term of the 3626 Franchise Agreement.
3627 Article 42. Ownership of Written Materials
3628 42.01 Contractor hereby grants City a non-exclusive license as to all reports, documents, 3629 brochures, public education materials, and other similar written, printed, electronic or photographic materials 3630 developed by Contractor at the request of City or as required under this Agreement, and intended for public 3631 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such 3632 materials that specifically reference City for other purposes without the prior written consent of the Agreement 3633 Administrator. This Article 42 does not apply to ideas or concepts described in such materials and does not 3634 apply to the format of such materials. Nothing in this Agreement shall require Contractor to provide or license 3635 to City any Confidential Information, proprietary information, trade secrets, or other intellectual property of 3636 Contractor.

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3637 Article 43. Waiver
3638 43.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition 3639 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any 3640 subsequent breach or violation of the same or of any other term, covenant, or condition. The subsequent 3641 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3642 not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of this 3643 Agreement.
3644 Article 44. Prohibition Against Gifts
3645 44.01 Contractor represents that Contractor is familiar with City’s prohibition against the 3646 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3647 designated employee any gifts prohibited by the City. 3648 Article 45. Point of Contact
3649 45.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3650 Agreement Administrator.
3651 Article 46. Notices
3652 46.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3653 other, it must be given by written notice by personal delivery or deposit in the U.S. Mail, postage prepaid, 3654 registered or certified mail, addressed to the party for whom it is intended, at the place last specified and to 3655 the place for giving of notice in compliance with the provisions of this Section. For the present, the parties 3656 designate the following as the respective persons and places for giving of notice:
3657 As to the City:
3658 City of Norco
3659 2870 Clark Avenue
3660 Norco, CA 92860
3661 As to the Contractor:
3662 USA Waste of California, Inc.
3663 Attn: District Manager
3664 800 South Temescal Street
3665 Corona, CA 92879
3666 AND
3667 USA Waste of California, Inc.
3668 Attn: Legal Counsel

Final Agreement 3/6/2024 Page 103 of 168
3669 9081 North Tujunga Avenue
3670 Sun Valley, CA 91352
3671 46.02 Notices will be effective when received at the address specified above. Changes in the 3672 respective address to which such notice is to be directed may be made by written notice. 3673 46.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3674 may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent to Contractor 3675 through the Customer Service System by the end of the Workday. 3676 Article 47. Transition to Next Contractor
3677 47.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3678 Integrated Waste Management Services following the expiration or early termination of this Agreement, 3679 Contractor will cooperate fully with City and any subsequent contractors to assure a smooth transition of 3680 services described in this Agreement. Such cooperation will include but not be limited to transfer of computer 3681 data, files and tapes; providing routing information, route maps, vehicle fleet information, and list of Service 3682 Recipients; providing a complete inventory of all Collection Containers; providing adequate labor and 3683 equipment to complete performance of all Integrated Waste Management Services required under this 3684 Agreement; taking reasonable actions necessary to transfer ownership of carts and bins, as appropriate, to 3685 City; including transporting such containers to a location designated by the Agreement Administrator; 3686 coordinating Collection of Materials set out in new containers if new containers are provided for a subsequent 3687 Agreements and providing other reports and data required by this Agreement. 3688 Article 48. Contractor’s Records
3689 48.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3690 accurate financial and accounting records, pertaining to cash, billing, and disposal transactions for the 3691 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3692 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3693 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3694 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3695 termination hereof or for any longer period required by law, full, complete, and accurate records as indicated 3696 in the Agreement.
3697 48.02 Any records or documents required to be maintained pursuant to this Agreement must be 3698 made available for inspection or audit for the purposes set forth in Section 18.01, at any time during regular 3699 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 3700 Manager, or a designated representative of any of these officers. Copies of such documents will be made 3701 available to City for inspection at the local Contractor office, or an alternate site if mutually agreed upon. 3702 Nothing in this Agreement shall require Contractor to provide to City any Confidential Information, proprietary 3703 information, trade secrets, or other intellectual property of Contractor.

Final Agreement 3/6/2024 Page 104 of 168
3704 48.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3705 Public Records Act (“CPRA”). City acknowledges that Contractor may consider certain records, reports, or 3706 information contained therein, (“Records”) which Contractor is required to provide to City under this 3707 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3708 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3709 to disclosure provided under the CPRA that legally permit non-disclosure of the Records. At such time as 3710 City receives a request for records under the CPRA or Federal Freedom of Information Act (“FOIA”) or a 3711 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the request, 3712 subpoena or order and of City’s obligation and intent to provide a response within ten (10) calendar days. 3713 Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the Records; 3714 or (ii) seek and obtain, at Contractor’s sole cost and expense, the order of a court of competent jurisdiction 3715 staying or enjoining the disclosure of the Records. If Contractor fails to timely respond, then City may proceed 3716 to disclosure the Records in which event Contractor agrees waives and releases City of any liability for the 3717 disclosure of the Records. In the event Contractor seeks a court order to stay or enjoining the disclosure of 3718 the Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected and appointed 3719 board or commission members, officers, employees, volunteers and agents (collectively, "Indemnitees") 3720 from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in 3721 law or equity of any and every kind and description, whether judicial, quasi-judicial or administrative in nature, 3722 arising or resulting from or in any way connected with the subject CPRA or FOIA request for the Records. 3723 This Indemnity shall survive the expiration or termination of this Agreement. 3724 48.03 Where City reasonably believes that such records or documents may be lost or discarded 3725 in the event of the dissolution, disbandment or termination of Contractor’s business, City may, by written 3726 request or demand of any of the above-named officers, require that custody of the records be given to City 3727 and that the records and documents be maintained in City Hall. Access to such records and documents will 3728 be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in3729 interest. 3730 Article 49. Entire Agreement
3731 49.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3732 understanding between the parties, and the Agreement will not be considered modified, altered, changed, or 3733 amended in any respect unless in writing and signed by the parties. 3734 Article 50. Severability
3735 50.01 If any provision of this Agreement or the application of it to any person or situation is to any 3736 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3737 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3738 will continue in full force and effect, and will be enforced to the fullest extent permitted by law.

Final Agreement 3/6/2024 Page 105 of 168
3739 Article 51. Right to Require Performance
3740 51.01 The failure of City at any time to require performance by Contractor of any provision of this 3741 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3742 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3743 provision or as a waiver of any provision itself.
3744 Article 52. All Prior Agreements Superseded
3745 52.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3746 conversations, agreements, and understandings applicable to the matters contained in this Agreement and 3747 the parties agree that there are no commitments, agreements or understandings concerning the subject 3748 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3749 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3750 oral or written.
3751 Article 53. Headings
3752 53.01 Headings in this document are for convenience of reference only and are not to be 3753 considered in any interpretation of this Agreement. 3754 Article 54. Exhibits
3755 54.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3756 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3757 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3758 Article 55. Attorney’s Fees
3759 55.01 In any action or proceeding brought by either party against the other party arising out of or 3760 in any way connected to this Agreement, or where any provision hereof is asserted as a defense, the parties 3761 shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse Contractor’s 3762 duty to provide City with a defense at Contractor’s cost when City receives a complaint, petition, or other 3763 pleading that is subject to Contractor’s defense and indemnity obligations under this Agreement. 3764 Article 56. Effective Date
3765 56.01 This Agreement will become effective when it is properly executed by City and Contractor 3766 and Contractor will begin Integrated Waste Management Services under this Agreement as of July 1, 2024. 3767

Final Agreement 3/6/2024 Page 106 of 168
3768 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3769 date(s) below each signature.
3770 CITY OF NORCO USA WASTE OF CALIFORNIA, INC.
3771 A General Law City
3772
3773 By: ________________________ By: _____________________________ 3774 Kevin Bash, Mayor Mike Hammer
3775 President – Southern California Area
3776
3777 ATTEST: ____________________
3778 Dana Roa, CMC, City Clerk
3779 APPROVED AS TO FORM
3780
3781 City Attorney
3782
3783 By: _________________________
3784 Colin Burns, City Attorney

Final Agreement 3/6/2024 Page 107 of 168
3785 Exhibit 1
3786 City Approved Service Rates
1 City of Norco Service Rates
2 Residential Service
3 Basic Service Current Rate   Proposed Rate
4 Standard Single‐Family Automated Cart Service 64G, 96G $37.51 $33.41 5 Standard Single‐Family Automated Cart Service 35G N/A $30.14 6 Senior / Low‐Income Cart Service 96G $30.35 $30.14
7 Senior / Low‐Income Cart Service 64G $25.96 $29.40
8 Senior / Low‐Income Cart Service 35G N/A $26.46
9 Other Residential Services
10 Cart Exchange (over 1 per year) $22.43 $21.00
11 Recycle Contamination Fee (After 2 notices in any 12 months period) N/A $34.91 12 Additional 95G‐96G or 64G Trash Cart $10.99 $15.64
13 Additional 95G‐96G or 64G  Green waste Cart (Applies for second additional) $7.12 $15.64 14 Additional 95G‐96G or 64G  Recycling Cart (Applies for second additional) $3.44 $8.14 15 New Service Set Up Fee $14.68 $15.00
16 Cart Delivery (for extra cart) $9.86 $10.00
17 Overage Fee   N/A $29.00
18 Cart Removal N/A $4.00
19 Restart Fee N/A $58.00
20 Late Fee / Customer assisted payment N/A $5.00
21 Kitchen Food Pail (Second within the same calendar year) N/A $16.75 22 Damaged/Destroyed Cart N/A At Cost
23 Multi‐Family Dwelling Services
24 Multi‐Family Dwelling Trash
(Includes bundled rates that include 96‐Gallon Recycling and 64‐Gallon Organic Waste) Current Rate   Proposed Rate 25 Residential Curbside 64G, 96G $33.41 $33.41
26 2CY Bin 1X Week $146.03 $132.26
27 2CY Bin 2X Week $292.07 $264.53
28 2CY Bin 3X Week $438.10 $396.79
29 2CY Bin 4X Week $584.14 $529.04
30 2CY Bin 5X Week $730.17 $661.30
31 2CY Bin 6X Week $876.21 $793.57
32 2CY Extra PU $68.30 $68.30

Final Agreement 3/6/2024 Page 108 of 168
Multi‐Family Dwelling Trash (CONTINUED)
(Includes bundled rates that include 96‐Gallon Recycling and 64‐Gallon Organic Waste) Current Rate   Proposed Rate 33 3CY Bin 1X Week* See example row 164 for comparison $201.16 $182.26 34 3CY Bin 2X Week $402.33 $364.52
35 3CY Bin 3X Week $603.49 $546.77
36 3CY Bin 4X Week $804.65 $729.02
37 3CY Bin 5X Week $1,005.79 $911.26
38 3CY Bin 6X Week $1,206.94 $1,093.51
39 3CY Extra PU $89.92 $89.92
40 4CY Bin 1X Week $268.22 $243.01
41 4CY Bin 2X Week $536.44 $486.02
42 4CY Bin 3X Week $804.66 $729.03
43 4CY Bin 4X Week $1,072.88 $972.05
44 4CY Bin 5X Week $1,341.10 $1,215.06
45 4CY Bin 6X Week $1,609.32 $1,458.07
46 4CY Extra PU $119.89 $119.89
47 6CY Bin 1X Week $336.30 $332.02
48 6CY Bin 2X Week $732.65 $664.08
49 6CY Bin 3X Week $1,098.97 $996.12
50 6CY Bin 4X Week $1,465.28 $1,328.14
51 6CY Bin 5X Week $1,831.59 $1,660.17
52 6CY Bin 6X Week $2,197.93 $1,992.23
53 6CY Extra PU $168.32 $168.32
54 Multi‐Family Dwelling Recycling Current Rate   Proposed Rate 55 Residential Curbside 64G, 96G $25.72 $26.46
56 2CY Bin 1X Week $93.69 $94.23
57 2CY Bin 2X Week $187.37 $188.45
58 2CY Bin 3X Week $281.06 $282.68
59 2CY Bin 4X Week $374.75 $376.90
60 2CY Bin 5X Week $468.44 $471.13
61 2CY Bin 6X Week $562.12 $565.35
62 2CY Extra PU $53.40 $53.40
63 3CY Bin 1X Week $124.84 $125.65
64 3CY Bin 2X Week $249.55 $251.17
65 3CY Bin 3X Week $374.43 $376.85
66 3CY Bin 4X Week $499.38 $502.61
67 3CY Bin 5X Week $624.12 $628.16
68 3CY Bin 6X Week $746.77 $751.62
69 3CY Extra PU $74.43 $74.43

Final Agreement 3/6/2024 Page 109 of 168
Multi‐Family Dwelling Recycling (CONTINUED) Current Rate   Proposed Rate 70 4CY Bin 1X Week $166.44 $167.52
71 4CY Bin 2X Week $332.87 $335.02
72 4CY Bin 3X Week $499.33 $502.56
73 4CY Bin 4X Week $665.76 $670.07
74 4CY Bin 5X Week $832.20 $837.59
75 4CY Bin 6X Week $998.63 $1,005.09
76 4CY Extra PU $99.24 $99.24
77 6CY Bin 1X Week $216.65 $218.27
78 6CY Bin 2X Week $433.58 $436.81
79 6CY Bin 3X Week $650.25 $655.10
80 6CY Bin 4X Week $867.06 $873.52
81 6CY Bin 5X Week $1,074.50 $1,082.58
82 6CY Bin 6X Week $1,306.29 $1,315.99
83 6CY Extra PU $137.53 $137.53
84 Multi‐Family Dwelling Organic Waste (Green Waste and Food Waste) Current Rate   Proposed Rate 85 Residential Curbside 64G, 96G 1X Week $55.16 $55.90
86 Residential Curbside 64G, 96G 2X Week $110.31 $111.06 87 Residential Curbside 64G, 96G 3X Week $165.48 $166.22 88 Residential Curbside 64G, 96G 4X Week $220.64 $221.37 89 Residential Curbside 64G, 96G 5X Week $275.79 $276.53 90 2CY Bin 1X Week $306.18 $306.72
91 2CY Bin 2X Week $612.37 $613.45
92 2CY Bin 3X Week $918.60 $920.22
93 2CY Bin 4X Week $1,224.78 $1,226.93
94 2CY Bin 5X Week $1,530.97 $1,533.66
95 2CY Bin 6X Week $1,837.17 $1,840.40
96 2CY Extra PU $70.71 $72.17
97 Multi‐Family Dwelling Yard Waste Only (If applicable) Current Rate   Proposed Rate 98 Residential Curbside 64G, 96G N/A $36.47
99 2CY Bin 1X Week N/A $230.18
100 2CY Bin 2X Week N/A $460.36
101 2CY Bin 3X Week N/A $690.57
102 2CY Bin 4X Week N/A $920.71
103 2CY Bin 5X Week N/A $1,150.92

Final Agreement 3/6/2024 Page 110 of 168
104 Additional Services
105 Service Description Current Rate   Proposed Rate
106 Manure Collection 64G, 96G $40.91 $31.49
107 Manure Collection 2CY 1X Week $145.82 $142.04
108 Manure Collection 2CY 2X Week $266.61 $267.69
109 Manure Collection 2CY 3X Week $387.37 $388.99
110 Manure Collection 2CY 4X Week $508.13 $510.28
111 Manure Collection 2CY 5X Week $628.91 $631.60
112 Manure Collection Every Other Week $89.61 $94.61
113 Manure Extra PU $56.07 $56.07
114 Manure Scout Service 1X Week $53.56 $0.00
115 Manure Scout Service 2X Week $107.13 $0.00
116 Manure Scout Service 3X Week $160.69 $0.00
117 Manure Scout Service 4X Week $214.25 $0.00
118 Manure Scout Service 5X Week $267.82 $0.00
119 Manure Scout Service Every Other Week $26.78 $0.00
120 Manure Scout Service Extra PU $53.56 $0.00
121 Residential & Commercial Push Rate ‐ 25 feet 1X Week $17.95 $16.70 122 Residential & Commercial Push Rate ‐ 25 feet 2X Week N/A $33.40 123 Residential & Commercial Push Rate ‐ 25 feet 3X Week N/A $50.10 124 Residential & Commercial Push Rate ‐ 25 feet 4X Week N/A $66.80 125 Residential & Commercial Push Rate ‐ 25 feet 5X Week N/A $83.50 126 Residential & Commercial Push Rate ‐ 25 feet 6X Week N/A $100.20 127 Residential & Commercial Push Rate ‐ 50 feet 1X Week $29.92 $33.40 128 Residential & Commercial Push Rate ‐ 50 feet 2X Week N/A $66.80 129 Residential & Commercial Push Rate ‐ 50 feet 3X Week N/A $100.20 130 Residential & Commercial Push Rate ‐ 50 feet 4X Week N/A $133.60 131 Residential & Commercial Push Rate ‐ 50 feet 5X Week N/A $167.00 132 Residential & Commercial Push Rate ‐ 50 feet 6X Week N/A $200.40 133 Residential & Commercial Push Rate ‐ 75 feet 1X Week $41.89 $50.10 134 Residential & Commercial Push Rate ‐ 75 feet 2X Week N/A $100.20 135 Residential & Commercial Push Rate ‐ 75 feet 3X Week N/A $150.30 136 Residential & Commercial Push Rate ‐ 75 feet 4X Week N/A $200.40 137 Residential & Commercial Push Rate ‐ 75 feet 5X Week N/A $250.50 138 Residential & Commercial Push Rate ‐ 75 feet 6X Week N/A $300.60 139 Residential & Commercial Push Rate ‐ 100 feet 1X Week N/A $66.80 140 Residential & Commercial Push Rate ‐ 100 feet 2X Week N/A $133.60 141 Residential & Commercial Push Rate ‐ 100 feet 3X Week N/A $200.40 142 Residential & Commercial Push Rate ‐ 100 feet 4X Week N/A $267.20 143 Residential & Commercial Push Rate ‐ 100 feet 5X Week N/A $334.00 144 Residential & Commercial Push Rate ‐ 100 feet 6X Week N/A $400.80

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145 Split Bin (1.5 CY Trash, 1.5CY Recycling (Space constrains customers only) Current Rate   Proposed Rate 146 3CY Split Bin 1X Week N/A $179.03
147 3CY Split Bin 2X Week N/A $358.07
148 3CY Split Bin 3X Week N/A $537.11
149 3CY Split Bin 4X Week N/A $716.14
150 3CY Split Bin 5X Week N/A $895.15
151 Other Services Current Rate   Proposed Rate
152 Extra Pickup 64G Organics Waste $12.74 $12.74
153 Extra Pickup 2CY Organics Waste $70.71 $70.71
154 Temporary Bin Service 3CY $318.68 $318.68
155 Bulky Waste Residential (Over 3 per year) per pickup $31.86 $33.00 156 Roll‐off Pull Rates (Roll‐Off Containers billed on a per pull plus Disposal Fee) Current Rate   Proposed Rate 157 Roll‐off Containers billed one per pull plus process or disposal rate 158 10 CY Container  Per Pull $698.83 $338.66
159 20 CY Container Per Pull $698.83 $338.66
160 30 CY Container Per Pull $698.83 $338.66
161 40 CY Container Per Pull $698.83 $338.66
162 Inactivity Fee N/A $318.90
163 Setup Fee $37.81 $38.00
164 *Commercial Bundled Service Comparison Current Rate   Proposed Rate 165 Commercial MSW Rate 3CY 1X Week $201.16 $182.26
166 Commercial 96G Recycling 1X  Week $25.72 $0.00
167 Commercial 64G Organic 1X Week $55.16 $0.00
168 Total Bundled Rate $282.04 $182.26
169
170 Commercial Services
171
Commercial Trash (Includes bundled rate that include 1x/week collection of 96‐Gallon Recycling and 64‐Gallon Organic Waste)
Current Rate   Proposed Rate
172 Commercial Cart Service 64G, 96G $44.31 $41.95
173 2CY Bin 1X Week $146.03 $132.26
174 2CY Bin 2X Week $292.07 $264.53
175 2CY Bin 3X Week $438.10 $396.79
176 2CY Bin 4X Week $584.14 $529.04
177 2CY Bin 5X Week $730.17 $661.30
178 2CY Bin 6X Week $876.21 $793.57
179 2 CY Extra PU $63.80 $63.80
180 3CY Bin 1X Week $201.16 $182.26
181 3CY Bin 2X Week $402.33 $364.52
182 3CY Bin 3X Week $603.49 $546.77
183 3CY Bin 4X Week $804.65 $729.02
184 3CY Bin 5X Week $1,005.79 $911.26
185 3CY Bin 6X Week $1,206.94 $1,093.51

Final Agreement 3/6/2024 Page 112 of 168
Commercial Trash (Includes bundled rate that include 1x/week collection of 96‐Gallon Recycling and 64‐Gallon Organic Waste) CONTINUED
Current Rate   Proposed Rate
186 3 CY Extra PU $89.92 $89.92
187 4CY Bin 1X Week $268.22 $243.01
188 4CY Bin 2X Week $536.44 $486.02
189 4CY Bin 3X Week $804.66 $729.03
190 4CY Bin 4X Week $1,072.88 $972.05
191 4CY Bin 5X Week $1,341.10 $1,215.06
192 4CY Bin 6X Week $1,609.32 $1,458.07
193 4 CY Extra PU $119.89 $119.89
194 6CY Bin 1X Week $366.30 $332.02
195 6CY Bin 2X Week $732.65 $664.08
196 6CY Bin 3X Week $1,098.97 $996.12
197 6CY Bin 4X Week $1,465.28 $1,328.14
198 6CY Bin 5X Week $1,831.59 $1,660.17
199 6CY Bin 6X Week $2,197.93 $1,992.23
200 6CY Extra PU $168.32 $168.32
201 Commercial Recycling Current Rate   Proposed Rate
202 Residential Curbside 64G, 96G $25.72 $26.46
203 2CY Bin 1X Week $93.69 $94.23
204 2CY Bin 2X Week $187.37 $188.45
205 2CY Bin 3X Week $281.06 $282.68
206 2CY Bin 4X Week $374.75 $376.90
207 2CY Bin 5X Week $468.44 $471.13
208 2CY Bin 6X Week $562.12 $565.35
209 2 CY Extra PU $53.40 $53.40
210 3CY Bin 1X Week $124.84 $125.65
211 3CY Bin 2X Week $249.55 $251.17
212 3CY Bin 3X Week $374.43 $376.85
213 3CY Bin 4X Week $499.38 $502.61
214 3CY Bin 5X Week $624.12 $628.16
215 3CY Bin 6X Week $746.77 $751.62
216 3CY Extra PU $74.43 $74.43
217 4CY Bin 1X Week $166.44 $167.52
218 4CY Bin 2X Week $332.87 $335.02
219 4CY Bin 3X Week $499.33 $502.56
220 4CY Bin 4X Week $665.76 $670.07
221 4CY Bin 5X Week $832.20 $837.59
222 4CY Bin 6X Week $998.63 $1,005.09
223 4CY Extra PU $99.24 $99.24

Final Agreement 3/6/2024 Page 113 of 168
Commercial Recycling CONTINUED Current Rate   Proposed Rate 224 6CY Bin 1X Week $216.65 $218.27
225 6CY Bin 2X Week $433.58 $436.81
226 6CY Bin 3X Week $650.25 $655.10
227 6CY Bin 4X Week $867.06 $873.52
228 6CY Bin 5X Week $1,074.50 $1,082.58
229 6CY Bin 6X Week $1,306.29 $1,315.99
230 6CY Extra PU $137.53 $137.53
231 Commercial Yard Waste Only (If applicable) Current Rate   Proposed Rate 232 Residential Curbside 64G, 96G N/A $36.47
233 2CY Bin 1X Week N/A $230.18
234 2CY Bin 2X Week N/A $460.36
235 2CY Bin 3X Week N/A $690.57
236 2CY Bin 4X Week N/A $920.71
237 2CY Bin 5X Week N/A $1,150.92
238 Commercial Organic Waste (Green Waste and Food Waste) Current Rate   Proposed Rate 239 Residential Curbside 64G, 96G 1X Week $55.16 $55.90 240 Residential Curbside 64G, 96G 2X Week $110.31 $111.06 241 Residential Curbside 64G, 96G 3X Week $165.48 $166.22 242 Residential Curbside 64G, 96G 4X Week $220.64 $221.37 243 Residential Curbside 64G, 96G 5X Week $275.79 $276.53 244 Residential Curbside 64G, 96G 5X Week $275.79 $276.53 245 2CY Bin 1X Week $306.18 $306.72
246 2CY Bin 2X Week $612.37 $613.45
247 2CY Bin 3X Week $918.60 $920.22
248 2CY Bin 4X Week $1,224.78 $1,226.93
249 2CY Bin 5X Week $1,530.97 $1,533.66
250 2CY Bin 6X Week $1,837.17 $1,840.40
251 Extra PU $70.71 $70.71
252
Commercial Trash for Organic Waste Exempt Customers (Includes 96‐Gallon Recycling Cart and no Organic Waste)
Current Rate   Proposed Rate
253 Residential Curbside 64G, 96G N/A $33.41
254 2CY Bin 1X Week N/A $121.35
255 2CY Bin 2X Week N/A $257.71
256 2CY Bin 3X Week N/A $374.43
257 2CY Bin 4X Week N/A $503.99
258 2CY Bin 5X Week N/A $633.55
259 2CY Bin 6X Week N/A $763.12

Final Agreement 3/6/2024 Page 114 of 168

Commercial Trash for Organic Waste Exempt Customers (Includes 96‐Gallon Recycling Cart and no Organic Waste) CONTINUED
Current Rate   Proposed Rate
260 3CY Bin 1X Week N/A $170.81
261 3CY Bin 2X Week N/A $342.83
262 3CY Bin 3X Week N/A $521.36
263 3CY Bin 4X Week N/A $699.88
264 3CY Bin 5X Week N/A $878.40
265 3CY Bin 6X Week N/A $1,056.93
266 4CY Bin 1X Week N/A $235.52
267 4CY Bin 2X Week N/A $461.85
268 4CY Bin 3X Week N/A $699.89
269 4CY Bin 4X Week N/A $937.95
270 4CY Bin 5X Week N/A $1,176.00
271 4CY Bin 6X Week N/A $1,414.05
272 6CY Bin 1X Week N/A $327.28
273 6CY Bin 2X Week N/A $636.27
274 6CY Bin 3X Week N/A $961.54
275 6CY Bin 4X Week N/A $1,286.79
276 6CY Bin 5X Week N/A $1,556.69
277 6CY Bin 6X Week N/A $1,937.32
278 Compactor Haul Rates (Compactor Containers billed on a per pull plus Disposal Fee) Current Rate   Proposed Rate
279 2CY Compactor $291.55 $291.55
280 Extra Collection $191.39 $191.39
281 3CY Compactor $410.76 $410.76
282 Extra Collection $269.76 $269.76
283 4CY Compactor $547.69 $547.69
284 Extra Collection $359.68 $259.68
285 6CY Compactor $595.00 $595.00
286 Extra Collection $504.98 $504.98
287 Additional Services
288 Service Description Current Rate   Proposed Rate
289 Lock Bin, Lock on Gate (Monthly) $20.91 $19.00
290 Trip Charge / Dry Run Commercial / Delivery / Relocation (Per occurrence) N/A $106.63 291 Setup Fee (Per occurrence) $37.40 $36.00
292 Delivery Charge Commercial Carts (Per occurrence) N/A $15.00 293 Bin Exchange Fee (Over 1 per year) (Per occurrence) $68.52 $75.00

Final Agreement 3/6/2024 Page 115 of 168
294 Recycling Contamination Fee (Per occurrence) $91.39 $91.39 295 Overage Fee (Per occurrence) N/A $75.00
296 Commercial Manure Collection 64G (Weekly) $40.91 $31.49 297 Commercial Manure Collection 2CY Bin (Weekly) $145.82 $142.04 288 Service Description CONTINUED Current Rate   Proposed Rate 299 Commercial Manure Collection 2CY Every other Week (Per occurrence) $89.61 $94.61 230 Commercial Manure Scout Service  (Per occurrence) $53.56 $0.00 301 Commercial Manure Scout Service second bin same day (Per occurrence) $53.56 $0.00 302 Bulky Commercial Fee (Per occurrence) N/A $50.00
303 Additional Sharps Kit (After 1 per year for Standard Service and after 2 per year for Senior) N/A $50.00 304 Bin Cleaning Fee (After 1 per year) (Per occurrence) N/A $48.00 305 Damaged/Destroyed Bin (Per occurrence)     At Cost
3787

Final Agreement 3/6/2024 Page 116 of 168
3788 Exhibit 2
3789 Additional Services
3790 Collection of Garbage, Recyclable Materials, Organic Waste, and Manure will be provided by Contractor at 3791 no additional charge at up to five (5) City Sponsored Events, including, but not limited to:
3792 City Organized Events
3793 - National Day of the American Cowboy Rodeo
3794 - Easter Egg Hunt
3795 - Fourth of July Trail Ride & Picnic in the Park
3796 - Summer Concerts & Movies in the Park
3797 - Day of the Dead
3798 - Christmas Parade Festival & Parade of Lights
3799 City-Partnered Events
3800 - Norco Fair
3801 - Norco Horseweek
3802 - Norco Mounted Posse PRCA Rodeo

Final Agreement 3/6/2024 Page 117 of 168
3803 Exhibit 3
3804 List of City Service Units
3805 City Service Units are the properties set forth in the tables below and may be modified by written notice to 3806 Contractor by the City.
3807
Facility Name Facility Address
City Hall 2870 Clark Avenue
Senior Center 2690 Clark Avenue
Animal Shelter 96 Sixth Street
Public Works Yard 1281 Fifth Street
Fire Station 57 3368 Corydon Avenue
Fire Station 47 3902 Hillside Avenue
The Hall 90 Sixth Street
The Barn 96 Sixth Street
Facilities 3421 Valley View
Eats Cultural Center 3954 Old Hamner Avenue
3808
Park Name Park Address
Clark Field 1740 Detroit
Community Center Park Alhambra Street & Cedar Avenue
Ingalls Event Center 3737 Crestview Avenue
Kips Korner Park Kips Korner & Parkridge Avenue
Neal Snipes Park Fifth Street & Hamner Avenue
Norco Hills Park 913 Harness Lane
Pacer Park Pacer Drive & Morgan Street
Parmenter Park Temescal Avenue
Pikes Peak Park Sixth Street & Crestview Avenue
River Trails Park Hamner Avenue
Sundance Park 4047 Sundance Lane
Ted Brooks Park Bluff Street & Vine Street
Wayne Makin Park 3364 Western Avenue
Hawks Crest Park Gulf Stream Lane & Aintree Downs Drive Corydon Staging Area 3300 Corydon Avenue
3809

Final Agreement 3/6/2024 Page 118 of 168
City and/or Transit Trashcans* Address
Trash Can Market Street adjacent to Clark Avenue
3810
3811 * The Contractor will provide Garbage collection services to these public trash cans and City3812 owned bus stops not less than three (3) days per week, at no cost to the City. This service will 3813 also include minimally annual power washing public trash cans and maintaining cleanliness in 3814 and around the trash cans. The City may add additional locations set forth in the table above and 3815 may be modified by written notice to Contractor by the City. 3816

Final Agreement 3/6/2024 Page 119 of 168
3817 Exhibit 4
3818 Collection Container Specifications
E4.01 Cart Specifications.

E4.01.1 All new or replacement Carts must be manufactured with a minimum twenty percent (20%) post-consumer recycled material content and come with a ten (10) year warranty against defects.

E4.01.2 Carts must be constructed with material that resists deterioration from ultraviolet radiation and be incapable of penetration by household pets or small wildlife when lids are fully closed.

E4.01.3 Contractor must provide Carts having an approximate volume of 35, 64 and 96 gallons.

Actual cart volume may vary by +/- 10% depending on manufacturer.

E4.01.4 Carts must include wheels and handles that accommodate ease of movement by ablebodied persons, have heavy duty wheels, attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds.

E4.01.5 Carts must include lids that continuously overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The lids would be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open.

E4.01.6 Carts must be capable of being lifted into the Collection Vehicle without damage or distortion under normal usage.

E4.01.7 Carts be hot-stamped, embossed, or labeled/decaled with the company name, a unique identification number (i.e., serial number for carts), weight limit, and images of the type of materials to be Collected. All Carts shall also contain instructions for proper usage. If any of the above is accomplished via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout the term to maintain a near new appearance. Decals/labels showing types of materials collected in each Cart must be replaced whenever damaged or list of acceptable items change, but no more than once per year.

E4.01.8 Cart and lids must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., cart or lid colors blue = recycle, black/gray = trash, green = yard waste/mixed organics, beige = manure or other color standards as determined by CalRecycle prior to the start of this Agreement).

E4.02 Bin Specifications.

E4.02.1 Bins must be constructed of heavy metal or heavy plastic and must be reasonably watertight to prevent leaks, well painted, in good condition and without rust or dents.

Final Agreement 3/6/2024 Page 120 of 168
E4.02.2 Wheels, forklift slots, and other appurtenances, which are designed for movement, loading, or unloading of the container, must be maintained in good repair.

E4.02.3 Contractor must provide Bins having an approximate volume of 1, 2, 3, 4, and 6-cubic yards.

E4.02.4 Bins must have the name and phone number of Contractor on the exterior so as to be visible when the Bin is placed for use.

E4.02.5 Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, and each Bin must include a conspicuous warning: “Not to be used for the disposal of hazardous, electronic, or universal waste.” Bins must be labeled in English and Spanish.

E4.02.6 Bin lids must be constructed of metal or heavy plastic, so as to minimize the intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the rate set forth in Exhibit 1.

E4.02.7 Bins must be capable of being lifted into the Collection Vehicle without damage under normal usage.

E4.02.8 Bin must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., bin or lid colors blue = recycle, black/gray = trash, green = yard waste/mixed organics, beige = manure or other color standards as determined by CalRecycle prior to the start of this Agreement).

E4.03 Roll-off Container Specifications.

Roll-off specifications shall be the same as Bin specifications E4.02.1 through E4.02.6, and E4.02.8.

Roll-offs shall be provided in sizes 10, 20, 30, 40 cubic yards. Compactors shall be available in sizes 10, 20,35, 40 cubic yards.

Contractor is obligated to provide covers for Roll-off Containers upon customer request.

E4.04 Kitchen Food Waste Pails
Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen Food Waste Pails to all SFD and MFD Dwelling Units in the Service Area, including to new Dwelling Units that are added to Contractor’s Service Area during the term of this Agreement upon request of the Customer.

E4.05 Containers End of Life
Collection Containers must be recycled at the end of their useful life.

Final Agreement 3/6/2024 Page 121 of 168
E4.06 Containers Purchase
Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within the City, and shall report all purchases of Carts and Bins under this Agreement as attributable to the City for sales tax purposes.

SB 1383 Cart Exchange: 5-Year Transition Plan
3819 The schedule below will adhere to the agreed five-year SB 1383 container exchange plan to ensure that 3820 by January 1, 2029 all residential and commercial customers will be in compliance with SB 1383 3821 container color and label requirements.
3822
Date Location
Year 1: Sept 2024- Dec 2024 6th Street being the north Boundary Year2: 2025 6th St. to 3rd St. capturing Norco Ridge Ranch Area Year 3: 2026 3rd St to Norco Southern Border w/ the exception of Norco Hills Year4: 2027 Everything South of Navy Base
Year 5: 2028 Norco Hills and everything north of Naval center

Final Agreement 3/6/2024 Page 122 of 168
3823 Exhibit 5
3824 Transition Plan
3825 Key Implementation Tasks and Timeline
3826
Tasks   Start Date
Notice of Award   March  2024
Development of Transition Checklist    Immediately Upon Award WM Transition Team ‐ Begins project management calls/meetings to confirm milestones
March 2024 ‐ Kick off discussion with
Implementation Tasks and Schedule
Transition Meeting with City Staff    March 2024 ‐ Kick off discussion with City and confirm Implementation Tasks and
Schedule
Start City Staff Implementation Meetings     March 2024 Start Transition Team Bi‐weekly project management meetings   March 2024 Start Transition Team weekly project management meetings   March 2024 Carts and Containers
Development and city‐approval of all cart/container graphics/labels    March 2024 Procurement of cart inventory    March 2024
Create  Map of Container Delivery Plan   Completed
Start SB 1383 Cart Exchange ( 5‐year plan , conducted in phases)    January 2025 Trucks
WM already has an existing fleet that services the City of Norco that is fully compliant with vehicle obligations outlined in the Agreement.

Completed
Develop and seek approval of contract‐specific truck signage   Completed Conduct pre‐implementation vehicle and onboard computer testing    Completed Facilities
Ensure all disposal and processing facilities are ready for new contract responsibilities
Completed
Local Norco Office‐   Ready to assist customers   June 2024 Routing
Develop routes using existing routes where possible    Completed Finalize routing plan. Review with City staff    Completed Route field‐testing (prior to go‐live)   Completed
Creation of final route maps   Completed
Staffing
Conduct driver recruitment, interviews, and screening    Completed Conduct classroom‐based driver training and onboarding   Completed Conduct field‐based driver training    Completed
Recruitment and training of Sustainability Representatives    Completed Billing Transition
Obtain City’s Utility Billing Data   March 2024

Final Agreement 3/6/2024 Page 123 of 168
Coordinate and conduct existing customer data review with City’s Utility Billing Department
March 2024
Audit and verify data accuracy, upload to MAS, and assign WM account numbers, and if applicable link each account to its respective city‐account number
April 2024
Conduct a final data review to identify any account updates ‐ list of any closed/new accounts
May  2024
Data & Reporting
Develop comprehensive contract compliance checklist for contract implementation
April  2024
Establish reporting process and template in accordance with contract specifications
June 2024
Review all updates to wm.com and city website for accuracy and compliance with contract terms and maximize cross‐promotion June 2024
Customer Service
Update Knowledge to reflect new services   May 2024
Review and approve Knowledge with all key departments    May 2024 Upload all transition public education materials to Knowledge for CSRs’ reference
May 2024
Develop detailed new contract curriculum    May 2024
Management conducts pre‐implementation training   May 2024 Management conducts small group CSR training with emphasis on new contract terms and new services
May 2024
New Knowledge content goes live   July 2024
Training for Operations Team
Conduct training for Route Managers, Dispatch and Drivers re new contract terms and services
June 2024
Communication with Norco
Present implementation plan, programs, services, and timeline to City Staff
March 2024
Design and obtain approval of all communication material outlined in the proposal/Agreement
Q2 2024
Communication with Residents and Commercial Customers
Conduct commercial/multifamily site visits, offer services to get Commercial Customer meet compliance mandates

Already in progress ‐ ongoing through life
of contract
Develop SB 1383 education material to assist Commercial customers comply with regulations
Q2 2024
Service Recipient Personnel/Tenant Outreach and Training    Q3 2024‐ on going through life of contract
Develop Comprehensive Service Guides/Welcome Packets – all customers‐ includes development of SB 1383 material
Q2 2024
Distribute customer “Comprehensive Welcome Packet”    Q3 2024 Update WM‐Norco webpage with new Welcome Back Packet
materials, new service information, and transition announcements, including interactive map
May 2024
Ensure all customer self‐service features (wm.com, Digitization, etc.) are lined up to shift to new contract on July 1, 2024
June  2024

Final Agreement 3/6/2024 Page 124 of 168
Conduct Residential  and Commercial Workshops (minimum 2 in addition to site visits) meetings to distribute educational materials and allow community an opportunity to ask questions
Q2/Q3 2024
Until City staff comfortable transition is
successful
3827
3828

Final Agreement 3/6/2024 Page 125 of 168
3829 Exhibit 6
3830 Liquidated Damages and Penalties
Item Liquidated Damages
a Failure to respond to each complaint within one (1) Business Days of receipt of complaint.
$100 per incident per Service
Recipient.
b Failure to maintain customer service and/or call center hours as required by this Agreement.
$100 per day.
c Failure to submit to City all reports by the deadlines required under the provisions of this Agreement.
$100 per day.
d Failure to include all parts of quarterly and annual reports specified in Sections 23.02 and 23.03 in the submitted report $100 per day.
e Failure to submit to City all payments by the deadlines required under the provisions of this Agreement.
1% of the total amount due if
fees are 1 – 10 days late; and
10% of the total amount due if
fees are more than 10 days
late.
f Failure for Collection Container to be compliant with specifications of Exhibit 4.
$50.00/each Collection
Container not compliant.
g Failure to display Contractor’s name and customer service phone number on Collection Vehicles.
$100 per incident per day.
h Failure to Collect a missed collection Container by close of the next Work Day upon notice to Contractor, that exceeds twenty (20) in any Calendar Year.
$1,000 per Calendar year, plus
$10 per incident per day.
i Failure to repair or replace damaged Containers within the time required by this Agreement or other time period agreed to by Contractor and Service Recipient, that exceeds twenty (20) in any Calendar year.
$1,000 per Calendar year, plus
$10 per incident per day.
j Failure to maintain collection hours as required by this Agreement.
$100 per day.
k Failure to have Contractor personnel in Contractor-provided uniforms, with the exception of new hires that have yet to receive Contractor provided uniforms.
$25 per day per employee.
l Failure of Contractor to follow Recyclable Materials, Organic Waste, and Manure Contamination and Overage procedures as set forth under Section 5.07 and 5.10.
$100/day for failure to
implement correction plan.

Final Agreement 3/6/2024 Page 126 of 168
Item Liquidated Damages
m Vehicle fluid leak incidents from Contractor Collection Vehicles in excess of three (3) during a calendar year.
$500 per incident per location,
not to exceed $5,000 in any
Calendar Year.
n Failure of Contractor to provide proof of performance bond as required by this Agreement
Agreement Default
o Failure of Contractor to provide proof of insurance as required by this Agreement
Agreement Default
p Failure to Collect holiday trees on Collection Days in accordance with Section 10.09.3 and Section 11.09.5.
$25 per day.
q Failure to commence service to a new Service Recipient within seven (7) days after order.
$150 per day
r Failure to initially respond to a Service Recipient complaint within one (1) business day as required by Section 25.01.
$50 per failure to resolve
customer compliant or request
s Delivery of any Solid Waste load to a non-Approved facility without prior approval from City.
$1,000 per load
t Failure to conduct the required number of Route Reviews $50 per review below minimum required annual number
u Vehicles in excess of legal load weight $100 per vehicle after ten (10) such instances in any given
calendar quarter unless
overweight by more than one
(1) ton (2,000 lbs.)
$250 per vehicle in excess of 1
ton
v Operating street sweeping vehicles in excess of ten (10) miles per hour while on route
$100 per day per vehicle
w Failure to maintain operable GPS system in street sweeping vehicle
$100 per day per vehicle
x Failure to notify customers if a route is not completed as scheduled
$250 per day per route
y Failure to perform all of the approved Public Education and Outreach Plan activities.
$250 per route
z Failure to provide the City with up to date information for City’s SB 1383 Implementation Record upon City's request
$500 per activity

Final Agreement 3/6/2024 Page 127 of 168
Item Liquidated Damages
aa Failure to complete a full roll-out of new carts within 5 years of start of the agreement in accordance with schedule set forth in Exhibit 4.
$1,000 per day
3831

Final Agreement 3/6/2024 Page 128 of 168
3832 Exhibit 7
3833 Customer Service Plan
3834 Customer Service Call Center: WM's Southern California Customer Service Center is made 3835 up of a dedicated team of 145 professional and well-trained Customer Service Representatives (CSRs) who 3836 stand ready to handle customers' needs during normal business hours, 8:00 a.m. to 5:00 p.m. from Monday 3837 through Friday. Additionally, English and Spanish-speaking representatives are readily available, with 3838 language services for translation assistance when required. 3839
3840 WM Norco Office: WM will maintain an office in the City of Norco with business hours, 8:00 3841 a.m. to 5:00 p.m. on Monday through Friday. Norco customers will be able to make payments and inquire 3842 regarding their collection services. Office hours may be adjusted with the approval of the Agreement 3843 Administrator.
3844
3845 Additionally, customers can conveniently access WM's self-service channels, including wm.com, 3846 My WM, and the Virtual Assistant chatbot, round the clock, every day of the year. These user3847 friendly platforms cater to various needs, such as service requests, ensuring seamless support 3848 whenever needed.
3849
3850 1. Technology Network
3851
3852 WM's Digital Customer Engagement Platform offers customers the ability to engage across 3853 diverse channels, ensuring personalized support and satisfaction at every touchpoint. 3854
wm.com Offers seamless navigation and an intuitive way for customers to learn about services and solutions in their community.

AI Chatbot Handles routine issues promptly and provides 24/7 customer service with automated responses to the most frequently asked customer questions.

Knowledge Base
Help Center
Houses answers and videos to top customer requests about WM services as well as support articles by topic – products/services, understanding your bill, delays, and more.

Live Chat Allows customers to skip email exchanges or wait in line in the call queue. With Live Chat, we can respond immediately to customer questions.

WM’s Social
Media Platforms
Meets customers where they are and allows us to answer questions quickly. Customers can also stay updated about services and ways they can help protect the environment.

Lisa (IVR)
System
Seamlessly routes customers to self-service options and connects them with the right resources, links, or departments so we can limit call transfers and reduce wait times. Our IVR System is also equipped with convenient callback functionality, so customers never have to wait on

Final Agreement 3/6/2024 Page 129 of 168
hold during peak call hours. Customers can simply choose to be called back and "hold their place in line" while they continue with their day.

Call Center Personal, one-on-one customer assistance for questions or service issues.

My WM Offers simple and intuitive online account management for service requests, holiday schedules, online bill pay, autopay, notification preferences, and more. We have added a new self-serve feature to My WM - bulk item pickup. Scheduling a Bulk Pickup with My WM is easy:

1. Login: Login to your My WM profile. Select Manage My Services.

2. Choose Materials: Review the service rules and list of unacceptable items. Use the checklist provided to identify the materials you need to get rid of – once an item is selected, specific instructions will be provided.

3. 3. Pickup Date & Payment: Use the calendar to choose your pickup date and add additional notes directly to your Driver.

Review the costs (if applicable), approve the payment method (if a prepay is required), and confirm your order.

My WM App Provides a personalized customer experience. With the My WM app, customers can:
o Manage and use different payment methods with ease,
including Apple Pay
o Enroll in AutoPay and Paperless billing (if applicable) o Get service day updates so they know when to expect pickup o Request bulky item pickup, extra pickups, roll-off dumpsters, and more
o View or change their existing services and schedules. 3855
3856 2. Service Recipient Billing
3857
3858 WM’s fully integrated billing system ensures customer information accuracy by utilizes the Mid3859 America Systems (MAS) as our customer billing system. MAS software operates on an IBM 3860 iSeries AS400 Platform, running i5/OS version 7.1. It can be accessed through a secure, internet 3861 VPN-based connection 24 hours each day, 7 days a week. 3862
WM’s Billing System Features and Benefits
Fully Integrated Billing. MAS integrates all billing, routing, and customer service information into one operating system. WM’s invoice format is based on extensive research, customer feedback, and field testing. Our invoices provide the opportunity to create custom billing inserts and messages that are tailor-made for Norco. For online customers, we post electronic versions of the inserts to their online invoice for a total “green” experience.

Reliability and Redundancy. We perform ongoing data quality assurance audits to confirm that all information is accurate and up-to-date. Our billing system data, like all our critical systems, are continuously backed up to reduce the risk of data loss.

Efficient Route Sequencing. Electronic route logs are generated from billing data every day to confirm service accuracy. These electronic records are downloaded to the drivers’ tablets nightly. New customers and customers with service level changes are placed at the top of the driver’s route screen to highlight the change in the driver’s route. Each customer is assigned a unique account number that tracks detailed information, including contact

Final Agreement 3/6/2024 Page 130 of 168
information, size and quantity of containers, and service history. Route information is viewable in MAS.

Accurate Service. MAS connects seamlessly with our receivables processing system.

Customers remit their payments to WM’s regional payment center. The payment is immediately processed so customer service representatives can access a customer’s account online and promptly respond to any billing questions. 24/7 Online Bill Pay Option. WM offers a safe, secure, convenient online bill paying system, allowing customers to pay their bill online, 24 hours a day, 7 days a week. 3863
3864 In accordance with the Agreement, WM shall prepare and distribute easy-to-understand 3865 invoices to Service Recipients in advance of services rendered, either via U.S. mail or email. Invoices will be 3866 enclosed in separate envelopes with a self-addressed return envelope if sent by mail and will include 3867 Contractor's contact information along with payment instructions. Additionally, each invoice or accompanying 3868 statement shall comprehensively outline all charges and services provided. Invoicing will occur monthly, 3869 commencing no earlier than the first day of the service period, with payments due no sooner than the last day 3870 of the respective month for Integrated Waste Management Services. 3871
3872 3. Payment Programs
3873
3874 WM offers the residents and business community in Norco a wide array of easy-to-use 3875 payment options.
3876
3877 In Person: WM’s Office in the City of Norco
3878
3879 Paperless Billing: WM offers a secure online invoice presentation as well as convenient options 3880 for bill payment residents can select to either make a one-time payment or to register their WM 3881 account to:
3882 o Enroll in paperless billing – eliminating printed invoices 3883 o Set up automatic (recurring) payments – making payment effortless 3884 o Store payment information – creating a faster, easier, and safer payment option 3885
3886 Web: Residents can manage their account online, including viewing invoices and making 3887 payments with a bank account number or credit/debit card, by creating a My WM profile at 3888 wm.com.
3889
3890 My WM Mobile App: Residents can manage their accounts, including paying their bill with a 3891 bank account number or credit/debit card, with the My WM app for their Apple or Android device. 3892
3893 Mail: Residents can mail their payment (check or money order) to WM Corporate Services, Inc., 3894 P.O. Box 541065, Los Angeles, CA 90054-1065.
3895
3896 Phone: Customers can make one-payments by phone with a credit or debit card by contacting 3897 WM Customer Service Call Center.
3898
3899 WM’s Senior/Low-Income Discounts Program:
3900 Senior/Low-Income discounts are available to those who qualify (Section 6.02). Residents can 3901 request to be enrolled in the Senior/Low-Income Discount Program. WM is willing to work with 3902 residents to develop a payment plan to those who request one. 3903

Final Agreement 3/6/2024 Page 131 of 168
3904 Payment Plans
3905 WM is willing to work with residents to develop a payment plan to those who request one. 3906
3907
3908
3909

Final Agreement 3/6/2024 Page 132 of 168
3910 Exhibit 8
3911 Collection Service Operations Plan
3912 WM’s continued growth and extensive experience in collection programs, processing, and 3913 diversion have situated the company in a position to make available the necessary resources during the 3914 transition period and contract term.
3915
3916 1. Vehicles
3917
3918 WM possesses the essential collection vehicles required to serve the City upon contract 3919 award.
3920 WM will utilize uniquely numbered vehicles with a life expectancy of ten (10) years, 3921 will include:
3922
3923
3924
3925
3926
3927
3928
3929
3930
3931
3932
3933
3934
3935
3936
3937 WM utilizes a range of vehicles that include residential side loader trucks, commercial front3938 end-load trucks, roll off, and scout trucks (subscribed customers), to ensure consistent, safe, 3939 efficient, and eco-friendly collections.
3940
3941 The requested vehicle specifications are identified below. 3942
Fuel
Type
Size # of
Axles GVWR Capacity # of Collection Compartments
Side Loader RNG 61.60 feet 4 57,500 lbs. 40 cu yd. 1
Front Loader RNG 72 feet 4 66,000 lbs. 40 cu yd. 1
Roll Off RNG 78 feet 4 66,000 lbs. 40 cu yd. 1
Scout Truck Diesel 45 feet 2 6900 lbs. 2300 lbs. N/A
3943
3944 a) Reduction of Air Emissions: WM’s operations are designed to minimize the 3945 environmental and neighborhood impacts associated with environmental 3946 services, this means reducing air emissions, maximizing route efficiencies, 3947 and protecting groundwater.
3948
3949 b) Vehicle Technology: WM’s collection vehicles employ innovative safety 3950 technology, GPS, and cameras that collect data on route progress and 3951 material contamination and “right-sizing,” as well as check vehicle health and Quantity Type Model Year Useful Life
4 RNG – 4 Axles Autocar 2023 2033
3 RNG – 4 Axles Autocar 2022 2032
9 RNG – 4 Axles Autocar 2021 2031
2 RNG – 4 Axles Autocar 2020 2030
1 RNG – 4 Axles Autocar 2019 2029
1 RNG – 4 Axles Peterbilt 2020 2030
4 RNG – 4 Axles Peterbilt 2019 2029
4 RNG – 4 Axles Peterbilt 2018 2028
1 RNG – 3 Axles Peterbilt 2017 2027
2 Diesel – 2 Axles Ford 2021 2031

Final Agreement 3/6/2024 Page 133 of 168
3952 document and communicate service completion and on-route issues in real 3953 time.
3954
3955 c) Vehicle Appearance: Our vehicles feature distinct unit identification numbers 3956 on both sides and the rear, ensuring easy identification. We keep 3957 comprehensive records for each collection vehicle, and all of them undergo 3958 meticulous maintenance to maintain a clean and professional appearance, 3959 as well as peak operational performance.
3960
3961 d) Vehicle Maintenance Program: Our maintenance team performs regular 3962 quality control audits and self-inspections for compliance with our 3963 maintenance programs, enabling us to identify areas of improvement and 3964 correct deficiencies. Our Preventive Maintenance Program complies with all 3965 applicable state and federal requirements and includes Preventive 3966 Maintenance Intervals, Daily Driver Inspections, Fluid Sampling and Filter 3967 Changes, Leak Prevention, and In-Field Repair Response. 3968
3969 2. Containers
3970
3971 a. Container Appearance
3972
3973 1) Container Durability: WM's containers combine durability, convenience, and 3974 sustainability, meeting customer needs effectively. Made with 40% recycled 3975 material, they maintain strength and curb appeal. UV-stabilized for color 3976 retention, they are compatible with semi- and fully automated lifter systems, 3977 featuring engineered stress channels and a wear strip for lasting protection. 3978 2) Automated Carts: The City’s automated carts are part of the standard three3979 container collection system for residential properties, including multi-family 3980 dwellings of four units or less, with a cart for recyclables, a cart for organic 3981 materials (food waste and yard waste), and a cart for non-organic waste for 3982 disposal (trash). All three carts will be collected weekly on Mondays. 3983 Additionally, WM will offer a fourth cart for residential customers who subscribe 3984 to residential manure service.
3985
Carts
Manufacturer Rehrig Pacific Company
Specific Sizes 35-, 65-, and 96-gallon options
SB 1383 Compliance Fully Compliant
Waste Stream Cart Color Lid Color
Trash Charcoal (Dark) Gray Black
Recycling Charcoal (Dark) Gray Blue
Organics (Residential) Charcoal (Dark) Gray Green
Organics
(Commercial)
Charcoal (Dark) Gray Green
Manure Charcoal (Dark) Gray Beige
3986
3987 3) Commercial Bins: All commercial bins in service shall comply with color and 3988 labeling requirements specified by CalRecycle under SB 1383. Most Customer 3989 locations can accommodate a majority of the cart and container sizes listed. 3990 Typical enclosures were constructed to accommodate the most commonly used 3991 bins (3 cy and 4 cy).
3992 In situations where space constraints prohibit the use of the 3 cubic yard bins, 3993 smaller capacity bins such as 2 cubic yard bins usually provide a reasonable

Final Agreement 3/6/2024 Page 134 of 168
3994 alternative. Split bins may be a viable solution available to space-constrained 3995 customers.
3996
Waste Stream Cart Color Available Size Lid Color
Trash Green Body 96-Gallon*, 2-,
3-, 4-, 6-Cubic
Yard Sizes
Black
Recycling Green Body 96-Gallon*, 2-,
3-, 4-, 6-Cubic
Yard Sizes
Blue
Manure Green Body 2-Cubic Yard
Size
Beige
3997
3998 b. Container Maintenance Program: WM will maintain each container in a clean, 3999 functional state by repairing, steam cleaning, and repainting the units. Repairs will be 4000 made to correct any deficiencies with a unit to render a completely refurbished 4001 container, including repainting. Cleaning will be accomplished by a method to a 4002 standard that eliminates all foreign material and renders the unit free from offensive 4003 odors and stains. When a Bin is removed for cleaning, WM will replace the Bin, either 4004 temporarily or as a change-out, with another Container. 4005 Upon Customer or City request, or if required to maintain the Containers in a clean 4006 condition, WM will clean Customer Bins once per year at no additional charge. 4007
4008 3. Route Operations
4009
4010 a. Advantages to Collection Vehicles Chosen: WM employs both traditional collection 4011 vehicles and a more compact 2-axle vehicle to reduce overall mileage and minimize 4012 streetwear in the City’s neighborhoods, enhancing safety and efficiency. Our entire fleet 4013 comprises fully enclosed vehicles engineered for leak-proof performance, featuring self4014 contained material compression mechanisms. Vehicles adhere to uniform branding 4015 guidelines for easy identification and are marked with unique unit identification 4016 numbers. Comprehensive records and meticulous maintenance routines ensure clean 4017 appearances and optimal functionality of our collection vehicles. 4018 b. Anticipated Driver Productivity Operations Technology: WM’s proprietary routing 4019 software, e-Route Logistics®, or eRL, we create the safest, most efficient collection 4020 routes for the City’s neighborhoods. eRL uses algorithms to account for road conditions 4021 encountered, such as traffic or road closures, and can adjust routes accordingly. The 4022 system also includes an interface to capture disposal and diversion statistics to 4023 measure performance by route.
4024 c. Operational Communications: WM’s onboard computing system dispatch (OCSD) 4025 software aggregates real-time vehicle data transmitted from drivers' onboard units 4026 (OBU) to our Centralized Dispatch Center. This system enables route managers, 4027 dispatch, and customer service teams to make real-time routing decisions, answer 4028 customer inquiries, and optimize routes for efficiency. Seamlessly connecting dispatch 4029 operations, customer service, drivers, and customers, it facilitates quick issue resolution 4030 and efficient communication via electronic tickets and push-to-talk technology. Our 4031 operations specialists ensure continuous monitoring of services and routes, ensuring 4032 seamless coverage during all situations, including emergencies or weather events. 4033 d. Contamination Monitoring: WM employs its Smart Truck® equipped with cameras 4034 mounted on collection vehicles to monitor contamination. This system records collection 4035 events and container contents, including location and photo/video documentation of 4036 service. Data captured drives targeted education to reduce recycling contamination and

Final Agreement 3/6/2024 Page 135 of 168
4037 container overages, enhancing the customer experience with service verification 4038 notifications.
4039 e. Annual Service Level and Billing Audit Approach: WM will conduct an annual Full Field 4040 Audit of all active accounts in the City to verify service and billing for active accounts 4041 and verify the accuracy of canceled accounts year over year. In addition, WM will 4042 complete one Desktop Billing Review approximately 6 months after the full field audit to 4043 confirm that any billing corrections that were made following the major audits remain in 4044 effect. Following are descriptions of the two audits proposed. 4045
4046 Full Field Audit: This is a physical audit of all routes during normal collection. 4047  Targets Single Family Residential, Multifamily, and Commercial Collection 4048 Routes,
4049  Auditors note collection, container size, container color, quantity of containers 4050 and container condition, label condition, and whether there is room for 4051 additional recycling or organics containers for multifamily premises. 4052  A dedicated data entry team analyzes WM Service Information in our internal 4053 billing system (MAS), route information, and actual observations of auditors 4054 while on route to confirm account information is accurate in the system and 4055 customers are billed accurately.
4056  The data entry team assigns tickets to the Operations team to complete site 4057 checks, container removals, exchanges, or repairs as needed. 4058  Notice is sent to customers identified as needing changes to their account 4059 within the system.
4060  If residential properties are observed receiving service without payment, the 4061 data entry team will use an outside database to determine each residence’s 4062 current property owner and any recent change of ownership. 4063  These properties will be sent a notice explaining the audit, mandatory service, 4064 available services, account set up and may be back billed for services received 4065 without payment.
4066  Accounts are noted with an audit specific code for tracking and reporting 4067 purposes.
4068  The Customer Service Center is provided with audit specific talking points and 4069 a list of customers impacted to ensure timely and accurate information provided 4070 to customers should they contact us for more information. 4071
4072 Billing Desktop Audit: This System Audit of all accounts will confirm all services are 4073 billed correctly according to the City’s approved rate sheet. A dedicated data entry team 4074 pulls a list of services rendered and billed amounts for all accounts within Norco. 4075 • All billed amounts are analyzed for accuracy.
4076 • The City will be provided a summary of corrections identified, the next steps by 4077 category, and a timeline for account changes or setup as applicable. 4078 • City approved notices are sent to customers identified as needing changes to 4079 their account within the system.
4080 • Accounts are noted with an audit-specific code for tracking and reporting 4081 purposes.
4082 • The Customer Service Center is provided with audit-specific talking points and a 4083 list of customers impacted to ensure timely and accurate information is provided 4084 to customers should they contact us for more information. 4085
4086 4. Facilities
4087
4088 a. Designated Facilities
4089

Final Agreement 3/6/2024 Page 136 of 168
4090 WM’s offices and hauling operations facilities used to service the City are listed below:
4091
Facility Location Distance to City Center
Hauling Operations 800 S. Temescal St.

Corona CA 92879 5.7 miles
Local Administrative Office 800 S. Temescal St.

Corona CA 92879 5.7 miles
Southern California Market
Area Headquarters
9081 Tujunga Ave.

Sun Valley, CA 91352 64 miles
4092
4093 WM proposed delivering solid waste, commingled recyclables, organics, and manure to 4094 the facilities listed below.
4095
Commodity Disposal
Facility Facility Owner Location Distance to City Center Solid Waste/
Residue
El Sobrante
Landfill WM
10910 Dawson
Canyon Rd.

Temescal Valley, CA
92883

12.5 miles
Recyclables West Valley
MRF
Burrtec Waste
Industries
13373 Napa St, Fontana,
CA 92335 14 miles
Organic
Waste
WM Pala
Composting
Facility
WM Operator 12802 CA-76, Pala CA
92059 52 miles
Organic
Waste
El Corazón
Facility WM Operator 3210 Oceanside Blvd. Oceanside, CA 92056 69 miles Manure
Waste
Viramontes
Express
Henry
Viramontes
17130 Hellman Ave.

Chino CA 92330 6 miles
4096
4097 b. Estimated Recovery Rates Net of Residue
4098
4099
Commodity Disposal Facility Recovery Rate Permitted
Capacity
Recyclables West Valley MRF 70-80% 7,500 tons/day
Organic Waste WM Pala Composting Facility 90-95% 200 tons/day.

Organic Waste El Corazón Facility 90-95% 500 tons/day
4100
4101
4102 5. Safety
4103
4104 a. Staffing Safety Requirements
4105 WM’s commitment to safety upholds rigorous protocols and meticulous reporting 4106 mechanisms. Our staffing safety requirements include physical, drug, and alcohol testing 4107 mandates, ensuring compliance and transparency in operations. We prioritize safety in

Final Agreement 3/6/2024 Page 137 of 168
4108 every task, equipment use, and company policy, fostering a culture of safe actions and 4109 behaviors.
4110 1) Training: At WM, safety is a fundamental value, guiding our commitment to 4111 protecting our employees and the environment. Through our Mission to Zero™ 4112 (M2Z) program, we strive for zero accidents and injuries, instilling a zero4113 tolerance approach to unsafe behaviors. This comprehensive initiative provides 4114 safety training, rulebooks, and standard practices for all operational employees, 4115 resulting in improved safety performance and leadership development. Our M2Z 4116 program encompasses classroom instruction, route observation, safety data 4117 monitoring, and driver training, reflecting our dedication to on-the-job safety and 4118 continuous improvement.
4119
4120 6. Reporting
4121
4122 a. Detailed monitoring and reporting
4123 b. Method Used to Track Tonnage: WM tracks tonnage collected by the following:
4124 • All vehicles are equipped with WM’s Proprietary On-Board Computer System 4125 • All collection activity is monitored and stored in the vehicles’ On-Board Unit 4126 (OBU/Tablet)
4127 • The tablet downloads into the Operations Tracking System (OPUS) which 4128 contains all daily residential, commercial, and roll-off services by date, route, 4129 driver, facility, tonnage, etc.
4130 • Monthly tonnage information by vehicle is extracted from OPUS to populate the 4131 Hauler Diversion Summary.
4132 • In addition, WM uses OPUS and MAS reports to track and record roll-off, bulky 4133 items, e-waste, and any other city-specific diversion programs. 4134 • We may also use reports from FASTLANE, our internal facility reporting system, 4135 to finalize the monthly tonnages including residual reported. 4136 c. Customer Complaint Protocols: WM values feedback and takes customer complaints 4137 seriously. Our complaint protocols are as follows. 4138 1) Documentation: We document complaints thoroughly for efficient tracking and 4139 resolution.
4140 2) Ticket Submittal: We promptly submit tickets in our system for online rectification, 4141 ensuring quick resolution.
4142 3) Urgent Escalation: Repeat occurrences or urgent issues are escalated for 4143 immediate attention through our prioritization system, guaranteeing swift action. 4144 4) Dedicated Team: Our Complaint Resolution team works diligently to resolve 4145 complaints within 24 business hours.
4146 5) Supervisor Support: If needed, our Supervisors collaborate with Operations to 4147 speed up resolution.
4148 Communication with the City:
4149 • Local WM management, led by Glenda Chavez, communicates customer 4150 incidents to Norco staff for awareness and resolution planning. 4151 • Monthly Checkup Meetings:
4152 • During monthly meetings, we review addressed complaints and provide status 4153 reports.
4154 • Monthly Reports: WM will provide detailed reports to the city outlining received 4155 complaints, nature, and resolution status.

Final Agreement 3/6/2024 Page 138 of 168
4156 Exhibit 9
4157 City-Approved Processing and Disposal Facilities
4158 The City has approved the following Disposal Facilities, Organic Waste Processing Facilities, Material 4159 Recycling Facilities, Manure Processing Facilities, and Transfer Stations to manage the specified services 4160 and otherwise assist the Contractor in the performance of the requirements of the Agreement. The 4161 Maximum Services Rates in Exhibit 1 assume all material is delivered to the approved facility. Any City4162 directed changes to any other non-approved facility will be considered a City-directed change in 4163 accordance with Section 31.01. The capabilities and capacities of such facilities may change during the 4164 term of this Agreement; as such City reserves the right to redirect materials to alternate facilities in 4165 accordance with any such changes.
4166 Disposal Facility
4167
Approved City Facilities
SWIS
Number Site Name County
Enforcement Agency
(LEA/EA)
33-AA-0217 El Sobrante Landfill Riverside
Department of
Environmental Health
4168
4169 Transfer and Processing Facilities
4170
Approved City Facilities
SWIS Number Site Name County
Enforcement Agency
(LEA/EA)
36-AA-0341 West Valley MRF San Bernardino
Div. of Environmental
Health Services
19-AA-1127 Azusa Facility MRF Los Angeles
Department of Public
Health
36-AA-0441 Viramontes Express San Bernardino
Div. of Environmental
Health Services
36-AA-0477 RWP Recycled Wood Products San Bernardino
Div. of Environmental
Health Services
ID #
XIC000111328 WM Pala Composting Facility San Diego
Pala Environmental
Board
37-AA-0907 El Corazon Facility San Diego
Department of
Environmental Health
and Quality
54-AA-0026 South Valley Compost Site Tulare
Department of Health
Services, Division of
Environmental Health
4171

Final Agreement 3/6/2024 Page 139 of 168
4172 Exhibit 10
4173 Sustainability and Compliance Plan
4174 2024 Sustainability and Compliance Plan
Annually updated and submitted to City by July 1st 4175 for approval. 4176
Single-Family Dwelling (SFD)
Task / Program Diversion
Target
Description of Activity Milestone Schedule
Bundled Cart
Service
Garbage,
Recycling, and
Organic
WM provides weekly residential
cart service for the collection of
garbage, recycling, and organic
waste collection service
July 1, 2024-June 30, 2025
Ensure all residential customers
have a 3-cart system
City Website
Recycling
Resources
Garbage,
Recycling, and
Organic
City-specific website that fully
explains current services and
rates, the diversion options
available, and allows Service
Recipients to submit service
changes, payments, inquiries,
complaints or queries
Maintain accurate list of
recyclable materials on its
website, and promote proper
recycling practices
July 2024
Residential
Service
Recycling,
Organics
Inform residents of services
provided:
 Extra recycling/Organic
Cart at no Cost
 Manure Collection Service
 Holiday Tree Collection
 Bulky Waste Collection
 Move In/Move Out
Recyclable Material
Collection
 Sharps Collection
 Kitchen Food Waste Pails
 Home Compost Bins
 Community Cleanup &
Document Shredding
New Service Guideline to be
sent to residents by Q3 2024

City-Wide Dump
Day(s)
Bulky Waste, EWaste, Yard
Waste, Metal,
White Good,
Wood
WM will offer two annual CityWide Dump Day events 10/15/2024 Document
Shredding
(Value-Added
Service Offering)
Recycling WM will hold two free document
shredding events for residents
to recycle unwanted paper
safely.
10/15/2024

Final Agreement 3/6/2024 Page 140 of 168
Single-Family Dwelling (SFD)
Task / Program Diversion
Target
Description of Activity Milestone Schedule
Route Reviews
Cart
Contamination
and Overage
Monitoring
Garbage,
Recycling, and
Organic,
WM will oversee container
inspections, detect
contamination, notify customers
of issues, and document
actions for review and reporting
Will require an education
campaign first.

Q3 2024
Compost and
Mulch Giveaway
(Value-Added
Service Offering)
Compost and
Mulch
WM will provide One annual
compost and mulch
giveaway(up to 40 cubic yards
of compost and/or mulch)
Date to be coordinated with
Agreement Administrator
Recycling Stars
Recognition
Recycling
Organics
Annually recognize a Resident
and Commercial customer at
City Council Meeting
November 2024
Rural
Community
Chicken
Compost
Program
Organics In partnership with the City, the
EATs Center, WM will create
the Rural Community Chicken
Compost Program.

Q3/Q4 2024
Meet with community
stakeholders to develop
program.

Submit Details of Program to
Agreement Administrator for
approval
Q1 2025
Kickoff Program in Community
Outreach Efforts
July 2025
Update Report of Program to
Council
4177
Multi-Family Dwelling (MFD) Diversion Programs
Task / Program Diversion
Target
Description of Activity Milestone Schedule
Bundled Cart/Bin
Service
Garbage,
Recycling, and
Organics,
WM will provide a Bundled
Cart/Bin weekly collection
service
MFD Cart Service Accounts
July 1, 2024-June 30, 2025
Ensure all accounts have a 3-
cart system
MFD Bin Service Accounts
Will require site audits/education
campaigns first.

July 1, 2024

Final Agreement 3/6/2024 Page 141 of 168
Multi-Family Dwelling (MFD) Diversion Programs
Task / Program Diversion
Target
Description of Activity Milestone Schedule
City Website
Recycling
Resources
Garbage,
Recycling, and
Organic
City-specific website that fully
explains current services and
rates, the diversion options
available, and allows Service
Recipients to submit service
changes, payments, inquiries,
complaints or queries.

Maintain accurate list of
recyclable materials on its
website, and promote proper
recycling practices
July 2024
Multi-Family
Dwelling
Service
Garbage
Recycling,
Organics
Inform MFD dwellers of
services provided:
 Holiday Tree Collection
 Bulky Waste Collection
 Move In/Move Out
Recyclable Material
Collection
 Kitchen Food Waste Pails
 Community Cleanup &
Document Shredding
 Split Bin Service for
Customers with Space
Constraints
New Service Guideline to be sent
to customers by Q3 2024

City-Wide Dump
Day(s)
Bulky Waste, EWaste, Yard
Waste, Metal,
White Good,
Wood
WM will offer two annual CityWide Dump Day events 10/15/2024 Document
Shredding
(Value-Added
Service Offering)
Recycling WM will hold two free
document shredding events for
residents to recycle unwanted
paper safely.
10/15/2024
Compost and
Mulch Giveaway
(Value-Added
Service Offering)
Compost and
Mulch
WM will provide One annual
compost and mulch
giveaway(up to 40 cubic yards
of compost and/or mulch)
Date to be coordinated with
Agreement Administrator
Route Reviews,
Contamination
and Overage
Monitoring
Garbage,
Recycling, and
Organic
WM will oversee container
inspections, detect
contamination, notify
customers of issues, and
document actions for review
and reporting
Will require an education
campaign first.

Q3 2024

Final Agreement 3/6/2024 Page 142 of 168
Multi-Family Dwelling (MFD) Diversion Programs
Task / Program Diversion
Target
Description of Activity Milestone Schedule
Targeted Site
Visits, Waste
Audits,
Assistance with
Waiver
Applications,
And Right-Sizing
of Service Levels
Garbage,
Recycling, and
Organics
WM will conduct targeted site
visit and waste audits to
support compliance with
AB341, &SB 1383.

Already in place, will be ongoing
annually through the term of the
contract.
4178
Commercial Diversion Programs
Task / Program Diversion
Target
Description of Activity Milestone Schedule
Bundled Bin
Service
Garbage,
Recycling, and
Organics
WM will provide a bundled
weekly collection service
including a 96-gallon Recycling
Cart, a 64-gallon Organic
Waste Cart, and trash service
to divert recyclables and
organics.

Will require site audits/education
campaigns.

July 1, 2024
Commercial Bin
Service
Garbage
Recycling,
Organics
Inform Commercial Customers
of services provided:
 Bundled Bin Compliance
Service (96-gallon recycling
cart, 64-gallon organics
cart)
 Manure Service
 Free Manure Scout Service
 Recycling Education
Training
 Recycling Audits
 Site Visits (Assistance with
Waivers)
 Food Recovery Program
 Split Bin Service for
Customers with Space
Constraints
New Service Guideline to be sent
to customers by Q3 2024

Route Reviews,
Contamination
and Overage
Monitoring
Garbage,
Recycling, and
Organic

WM will oversee container
inspections, detect
contamination, notify customers
of issues, and document
actions for review and reporting
Already in place, will be ongoing
through the term of the contract.

Targeted Site
Visits, Waste
Audits, And
Right-Sizing of
Service Levels
Garbage,
Recycling, and
Organics
WM will conduct targeted site
visit and waste audits to
support compliance with
AB341, &SB 1383.

Already in place, will be ongoing
annually through the term of the
contract
4179
4180

Final Agreement 3/6/2024 Page 143 of 168
City Diversion Programs
Task / Program Diversion
Target
Description of Activity Milestone Schedule
City Facilities
Audits
Garbage,
Recycling, and
Organics
WM will audit City facilities to
ensure all City facilities have
recycling and organics in place.

Q3, Q4 2024
Staff Recycling
Training
Garbage,
Recycling, and
Organics
Schedule staff training
workshops with the various
City departments to improve
recycling practices.

Q4 2024
Manure
Collection
Service
Manure WM will continue to provide
carts, commercial bins, and or
roll-offs for manure collection
service
Already in place, will be on-going
through the term of contract
Bulky Waste
Abandoned
Waste Removal
Bulky Waste, EWaste, U-Waste WM will provide City with on Call Bulky Waste Collection
July 1, 2024
Large Venue
Diversion Plan
Garbage,
Recycling, and
Organics
WM’s Recycling Coordinator,
James Delgado will work with
City staff to establish a Large
Venue Diversion Plan for City
events and for other events
As needed throughout the year.

Construction
Projects
Garbage,
Recycling,
Organics,
Construction
and Demolition
WM’s Recycling Coordinator,
James Delgado will work with
City staff, developers, and
WM’s Builders Direct
Department to manage
construction project’s diversion
efforts
Ongoing
Q3 2024
4181
4182 Diversion Table
4183 The diversion table below will be reviewed with Agreement Administrator to ensure that the Diversion 4184 Programs and the Education and Outreach efforts are meeting the diversion percentage milestones 4185 outlined in the table. Appropriate changes will be made to ensure that the City will achieve their diversion 4186 requirements in accordance with the Agreement.

Final Agreement 3/6/2024 Page 144 of 168
4187
4188
4189 Diversion Efforts Key Highlights:
4190
4191 Targeted Site Visits, Waste Audits, And Right-Sizing of Service Levels 4192 A critical step to improving both diversion program participation and volumes is identifying and prioritizing 4193 customers who have previously declined recycling and organic waste collection services or are 4194 subscribing to an insufficient amount or a combination of collection services. Through site visits and 4195 waste audits conducted by our recycling coordinator, WM will develop proposals to right size several 4196 service levels to meet their specific waste generations and sites needed as well as provide 4197 recommendations to reduce landfill-bound waste and increase diversion. 4198 Contamination Identification and Reduction
4199 One of the most significant challenges to improving diversion rates and sustaining diversion programs 4200 continues to be non-recyclable materials placed in recycling, organic, and manure waste containers 4201 otherwise known as contamination. Contamination drives up collection and processing costs ruin good 4202 material causes equipment damage at processing facilities and even fires. 4203
4204 Maintain Separate Manure Collection
4205 WM will uphold the practice of collecting manure as a distinct waste stream. This approach ensures that 4206 the City can continue to maximize its diversion efforts. We commend the City's commitment to preventing 4207 the co-mingling of manure with other materials, which safeguards its quality and enhances diversion 4208 outcomes.
4209 To reduce contamination rates, WM will utilize its education and efforts, along with our Smart Truck 4210 technology, a comprehensive container monitoring system that works to identify contamination incidents 4211 and notify customers.
4212
4213 Data Collection and Reporting
4214 The key to successful diversion planning and programming is having access to accurate data. Across our 4215 operations, WM uses a proprietary suite of integrated web-based software systems to manage all aspects

Final Agreement 3/6/2024 Page 145 of 168
4216 of the service delivery process, from customer accounts and billing management to service routing and 4217 confirmation. These systems can support the data collection and reporting requirements of the 4218 Agreement.
4219
4220 Focusing on Commercial and Multifamily Sectors for Compliance Approach 4221
4222 Following is the standardized approach that will be taken for identifying, communicating with customers, 4223 and preparing a recycling and food waste recycling diversion plan for each business:
4224
4225 Generator Identification: WM will utilize our proprietary SB 1383 Dashboard to manage customer 4226 compliance. Our Dashboard aggregates key data points from various systems, including customer service 4227 levels, any waivers or forms previously obtained, or other mitigating compliance factors, like an internal 4228 third-party recycling program for one holistic view of customer compliance with recycling and organics 4229 mandates. Annually and at the start of each year WM will export and provide a list of customers without 4230 recycling and/or organics service.
4231
4232 Compliance Notification: A City-approved letter will be mailed to non-compliant customers informing 4233 them of their need to comply with State regulations. The letter will include education material regarding 4234 the regulations and provide information how WM can assist customer to become compliant. 4235
4236 Customer Responses: Non- compliant customers will be contacted throughout the year by phone, 4237 followed by written correspondence in the form of an email or letter to inform them of their need to 4238 comply.
4239 Customers who respond, their current service levels will be confirmed, and we will coordinate a meeting 4240 with the key decision-maker for an in-person site visit and food waste recycling training. 4241 Customers identified to have an internal third-party recycling program: a site visit will be conducted to 4242 confirm full participation in the program and to assess if further training or education is needed. We will 4243 also provide forms to track recycling volume to submit to City for diversion credit. 4244
4245 Site Visits: Customers’ waste streams will be audited to estimate solid waste, recyclable material, and 4246 organics materials generated. The waste characterization summary will be used to recommend service 4247 levels and frequencies and provide the associated costs. WM’s TBD Recycling and Sustainability 4248 Manager will work to coordinate adjusting each customer’s account to update service schedule, billing 4249 and coordinate the drop of cart/bins.
4250 The information will be gathered in a pre-approved format and will be made readily available for City’s 4251 review, if requested.
4252 If a customer has an internal or back-hauling program, the WM Sustainability Compliance Representative 4253 will document and verify that the program is comprehensive and achieves full compliance and will provide 4254 documentation to City staff to obtain approval and assist with obtaining the third-party tonnage for 4255 reporting and diversion credit purposes.
4256 Customer information will be provided to the City in a pre-approved format for any identified third-party 4257 recycling programs.
4258 All outreach activity is tracked and reported via our SB 1383 Dashboard. 4259 In addition to Norco’s dedicated team, WM employs a team of over 50 Recycling Education Reps who 4260 can be leveraged to provide site visits and additional outreach, as needed. 4261
4262 AB 827 Compliance: During these site visits, food establishment will also be provided information 4263 regarding AB 827, CalRecycle’s website and WM’s education website will be included where they can 4264 obtain the posters and signs required to comply.
4265
4266 Waiver Assistance: For customers identified as meeting the requirements for a de minimis or physical 4267 space constraint waiver, the information would be shared with the City in pre-approved waiver format for 4268 the City’s approval. These waivers will be reviewed every five years. 4269
4270 Training On-going in-person recycling and food waste recycling trainings will be offered to commercial 4271 and multifamily customers to ensure a sustainable and successful program.

Final Agreement 3/6/2024 Page 146 of 168
4272 The training typically does not take more than 20 minutes and it allows for property managers and staff to 4273 receive hands-on information about State and/or local mandates, learn about WM’s recycling and/or 4274 organics program, understand best practices for source separating materials, and ask questions directly 4275 to the WM Sustainability Compliance Representative. 4276 Customer will be contacted a month later to review the progress and WM will provide any additional 4277 recycling education material or training needed.
4278 Training will be offered to customers identified as having continuous contamination and container overage 4279 incidents.
4280
4281 Additional Resources All customers will have access to the WM Norco local website, which will 4282 showcase information specifically tailored to commercial and multifamily customers. It will feature 4283 information on State and/or local mandates, WM diversion programs, local edible food recovery 4284 resources, FAQs, and a form that allows customers to request technical assistance and connect with the 4285 Sustainability Compliance Representative. The website will also have a link to WM informative how-to 4286 videos which can be used in training sessions.
4287
4288 Residential Compliance Outreach
4289 In addition to the education and outreach efforts as described above and in the chart from the previous 4290 pages, WM will continue SB 1383 residential outreach annually. This outreach material will provide 4291 educational information about SB 1383 and meaningful graphics that show how to participate in the 4292 program. In addition, the WM Recycling Coordinator will continue to host community workshops to 4293 provide program information, highlight sustainable at-home best practices, and answer questions. By 4294 utilizing the WM Smart Truck® program along with data collected in the SB 1383 Dashboard, WM can 4295 identify customers and routes with repeated incidents of contamination and will be able to provide them 4296 with additional outreach. This additional, target outreach will include additional flyers and educational 4297 materials and working with localized community groups that can help with outreach efforts. (Outreach 4298 materials pictured below)
4299
4300
4301
4302
4303 Efforts to Reduce Contamination:
4304
4305 Route Audits and Waste Evaluation Studies
WM‘s efficient Smart Truck® 4306 program which relies on cutting edge camera technology that can observe 4307 and record contamination on a stop-by-stop basis. To achieve the objectives of SB 1383, Route Audits can be completed using Smart Truck® 4308 . The data collected will assist every year to create annual route 4309 review plans to help with creating targeted recycling education plans to reduce contamination. 4310
4311 Additional Waste Evaluation Studies
4312 In addition to the mandated waste evaluation studies required by SB 1383, WM is also offering the City 4313 additional waste audits as needed to track diversion results and contamination thresholds on routes that 4314 are known to produce less than desirable results. These waste audits will be performed using Smart

Final Agreement 3/6/2024 Page 147 of 168
Truck® 4315 data to characterize given routes. By this process, performance by customer and by customer 4316 sector can be effectively determined and corrective campaigns can be developed. Through these audits, 4317 WM will record which routes have high levels of contamination, or over 25%. This will aid the City and 4318 WM’s Recycling Coordinator James Delgado in identifying which areas need additional targeted outreach, 4319 as well as allow us to monitor diversion progress on a monthly basis. 4320 Should CalRecycle modify the requirements for measuring contamination, WM will immediately meet and 4321 confer with the City to determine how any new or modified requirements will be addressed. 4322
4323 Contamination Monitoring
WM will utilize its Smart Truck® 4324 technology to assist with cart/bin contamination monitoring. This 4325 technology will be able to provide the notification and recycling education required.  WM Smart Truck® 4326 technology and process audits materials in the carts/commercial bins 4327 for contamination.
4328  If contamination is identified, ability to follow the notification process outlined in the 4329 contract agreement, provide contamination notice and education to the resident or 4330 commercial customer via the communication channel of their choice. This will help 4331 accelerate behavior change and reduces contamination. 4332  Will be able to keep record of all data collected and communication to customer for 4333 record keeping.
4334 In the event hazardous or unacceptable waste is found in the disposal or recycling stream, WM protocol 4335 is well documented, enforced by education and monitored for repeat behavior to mitigate reoccurrence. 4336 Our drivers are trained on acceptable, unacceptable and hazardous waste items found in residential, 4337 multi-family, commercial and industrial sectors.
4338 This protocol is simple, succinct, and applicable to each Residential, Multi-Family and Commercial service and can be documented via our Smart Truck® 4339 technology. 4340  Driver notes presence of hazardous or unacceptable levels or unacceptable material. 4341  Account is noted as contaminated or hazardous, and will not collect. 4342  Customer will be contacted to remove material in preparation for a later service date/time, 4343 additional charges may apply.
4344  If items are hazardous, local agency and City may be alerted of this occurrence – while indemnity 4345 is part of this agreement it is not a remedy for hazardous waste in collection streams. 4346  Customer education is provided by Recycling Coordinator James Delgado or via direct mail, 4347 email, or phone calls from our Customer Service team, at which time customer will be informed of 4348 proper disposal methods and alternatives for the unaccepted or hazardous waste. 4349  Additional contaminants found at the same service address will be followed up with additional 4350 customer education, additional service charges or fees and will be reported to the City, service 4351 will not be rendered to pattern-behavior customers. 4352  Contamination fees will apply in addition to applicable extra pickup rates at the time of service, 4353 pending removal of contaminants.
4354 In conjunction with and direction of the City, services may be suspended until customer has provided a 4355 solution to properly dispose.
4356
WM Smart Truck® 4357 Customer Communications
As previously mentioned, WM is proposing to utilize its customizable WM Smart Truck® 4358 customer 4359 educational communications to strategically collaborate with our customers and help build awareness of 4360 the importance of placing the right materials into the right cart. 4361
4362 When contamination is identified, WM will follow the notification process outlined in the contract 4363 agreement, and provide contamination notice and education to the resident or commercial customer via 4364 the communication channel of their choice. This will help accelerate behavior change and reduces 4365 contamination.
4366 Our Recycling Coordinator will work with customers who are found to receive multiple notices within the 4367 timeframe outlined in the contract agreement to right size the level of service to the customer’s needs, 4368 provide further proper recycling education and training to minimize contamination habits.

Final Agreement 3/6/2024 Page 148 of 168
4369 WM will maintain SB 1383-compliant records to report on contamination monitoring activities, actions 4370 taken, and customer communications sent via our new WM SB 1383 Dashboard. This Dashboard will 4371 allow the municipality to seamlessly track material streams, route reviews, contamination notices at the 4372 municipality, route, and customer levels. Find more information below. WM plans to use this data to 4373 inform outreach and education decisions.
4374
4375
4376 WM Offers the Best-Case Scenario for Reducing Air Emissions and Wear on Norco’s Streets 4377
4378 Clean, Efficient, and Safe Operations
4379 As your partner in sustainability, WM’s operations are designed to minimize the environmental and 4380 neighborhood impacts associated with environmental services. For your city, this means reducing air 4381 emissions, maximizing route efficiencies, and protecting groundwater. 4382 Following are just a few examples of how WM provides cleaner, greener collection services:
4383
4384 Reduced Air Emissions Means Cleaner Air
4385 We will serve Norco with a fleet of compressed natural gas (CNG) trucks that emit nearly zero particulate 4386 emissions, reduces greenhouse gas emissions by 15%, and cuts smog-producing NOx emissions by 50% 4387 compared to the cleanest diesel trucks.
4388
4389 More Efficient Routes Means Less Time on Your Streets 4390 A more efficient route means fewer miles traveled, and that translates into reduced fuel consumption, 4391 reduced emissions, and less truck traffic in your city. In fact, we already minimize our vehicle wear and 4392 tear on your City’s streets through our current residential collection schedule of one day a week. 4393
WM’s Routing & Logistics team uses sophisticated software, eRouteLogistics® 4394 , to map routes that 4395 maximize efficiency and safe driving while reducing total vehicle miles. In addition, all routes are 4396 customized to avoid main roads during high traffic periods, such as morning or evening commutes and 4397 school drop-offs. To further reduce trips, we help our customers right-size their containers - for example, 4398 placing larger recycling containers at multifamily complexes, allowing us to collect just once a week 4399 instead of twice or more.
4400
4401 Community-Friendly Operational Practices
4402 WM operating procedures are designed with you - our customer - in mind. Our operational practices are 4403 built to minimize environmental and neighborhood impacts. Some of our operational practices include:
4404  Preventive Maintenance: Every 200 hours, each of our collection vehicles undergoes a 4405 spill and leak prevention assessment conducted by a certified mechanic. Also, our drivers closely 4406 examine their vehicles daily during pre-and post-trip inspections. If a leak or excessive wear is 4407 identified, the truck will not return to work until it has been assessed and repaired. 4408  Self-Containment: All of our vehicles are fully enclosed and designed to be leak-proof 4409 with self-contained mechanisms to compress the material collected, helping to prevent any debris 4410 from falling off our trucks.
4411  Odor Control: WM trucks undergo a regular wash to prevent excessive odors. 4412  Tidy Collection Areas: WM drivers leave collection areas just as neat and tidy as they 4413 found them. All drivers keep a broom and shovel handy to clean up any spills or fly-away 4414 materials in the event material escapes the cart or container during collection. 4415  Automatic Engine Shutoff: Our truck engines are designed to automatically turn off 4416 after five minutes of idling to further reduce emissions and conserve fuel. 4417
4418
4419 Always Working For A Sustainable Tomorrow
4420 As North America’s leading provider of comprehensive waste management services, our mission is to 4421 maximize resource value while minimizing impact in order to further both economic and environmental 4422 sustainability for all of our stakeholders. Transparency is an important part of this mission. 4423 Accordingly, we are committed to consistent public disclosure and discussion of our own progress 4424 through the publication of an annual sustainability report. Our 2022 Sustainability Report, released in

Final Agreement 3/6/2024 Page 149 of 168
4425 October 2022, generally covers subject matter for 2021 for WM’s wholly owned operations, all of which 4426 are located in North America.
4427 In this year’s report, we share the following accomplishments:
4428  Sharing our sustainability growth strategy, including $1.625 billion in planned investments 4429 to grow our recycling and renewable.
4430  energy businesses through 2025.
4431  Announcing, for the first time, our 2030 sustainability goals in Climate Impact; Circularity; 4432 Social Impact; Safety; and Inclusion, Equity, & Diversity. 4433  Enabling environmental benefits by capturing over 15 million tons of material for 4434 beneficial reuse through recycling and organic services in 2021; and continuing to lower 4435 emissions in our collection fleet with 47% of fuel coming from renewable sources.  Continuing investment in our people with key programs like Your TomorrowTM 4436 for 4437 employees and their families; our first enterprise-wide frontline 4438 leadership development program; and three new Impact Groups to 4439 connect and uplift multicultural, female, and LGBTQ+ employees. 4440  Investing in communities where we live and work, with $12.8 million 4441 in charitable giving, $1.5 million in donated services, and 1.29 million 4442 people reached since 2018.
4443 To view WM’s 2022 Sustainability Report, scan the above QR code or visit 4444 sustainability.wm.com.
4445
4446 How WM is Addressing Climate Change Effects on Business 4447 Climate change impacts WM’s business in terms of both risks and opportunities. These considerations 4448 affect all aspects of our operations and services, goals and business strategy over both the short and 4449 long term. The most important risks and opportunities we face are:
4450
4451 Extreme Weather
4452 Extreme weather associated with climate change - such as drought or water scarcity, flooding, extreme 4453 heat and rain events, and fire conditions - has the potential to threaten business continuity. These include 4454 physical risks, such as damage to our facilities and fleet, and potential disruption of service. Although we 4455 cannot always know when disaster will strike, we have prepared detailed, specific plans for continuity of 4456 service or a return to service in the shortest time possible. 4457
4458 Regulatory Changes
4459 An increased focus on the impacts of climate change has led to an evolving landscape of regulations with 4460 the potential to impact our operations. As part of our efforts to mitigate these impacts and comply with 4461 emerging policies, we develop and deploy innovative technologies to reduce and prevent greenhouse gas 4462 (GHG) emissions.
4463
4464 Use of Recycled Products Throughout Operations
4465 Uniforms Made from Recycled Products
4466
4467 WM is always working for a sustainable tomorrow, and that commitment is now reflected in the new 4468 uniform design for our frontline employees. Our drivers, operators, and technicians wear safety shirts 4469 manufactured with material from recycled plastic bottles – 24 bottles help create each shirt – making WM 4470 the first in our industry to use recycled materials in employee uniforms. The reflective shirts will ensure 4471 our personnel are easily identifiable in your County while performing services.

Final Agreement 3/6/2024 Page 150 of 168
4472
4473 Internal Waste Reduction and Reuse
4474 WM is committed to continuously investigating and investing in technologies that transform waste into 4475 products that assist our customers achieve higher diversion goals. While technology is very important, we 4476 actively promote the concept of Sustainable Materials Management, which relies on lifecycle thinking to 4477 help see where the greatest environmental benefits are, so we can prioritize our actions and focus on the 4478 right things. This includes partnering with customers to share best practices to avoid creating waste, and 4479 to design goods and packaging for improved recyclability. We strive to create partnerships around 4480 technologies that enable us to recycle everything we can and find opportunities to extract energy from 4481 everything else.
4482 With almost 1,000 technologies in our database and two dozen companies in our portfolio, our team is 4483 unsurpassed in their practical knowledge of opportunities, and the practical realities of converting waste 4484 into energy and other materials of value. Our investment activities and team of experts provide us with 4485 unrivaled knowledge and insight into the state of waste conversion technologies, allowing us to provide 4486 our customers with unparalleled insight into a solution to meet their needs. 4487
4488
4489 Preparing for the Future
4490
4491 Electric Collection Vehicles
4492 We understand that sustainable waste collection operations are as important for the City of Norco as they 4493 are for WM and electric vehicles (EV) can help you achieve your community's greenhouse gas (GHG) 4494 reduction goals. WM is excited to help you explore and implement this innovative technology. 4495
4496 For over 30 years, WM has pioneered using alternative fuels such as renewable and compressed natural 4497 gas and advanced transportation technologies to reduce GHG in our operations and fleet. Since 2010, we 4498 have had more than 5,000 trucks operating under the 2027 EPA standard – 11 years ahead of the 4499 regulation.
4500
4501 We know EVs are the future of transportation and while not a new technology, EV use in the 4502 waste/recycling industry has recently received increasing attention. WM is excited to discover how EVs 4503 can help us achieve our 2038 goal of reducing four times (4X) our operating emissions. 4504
4505 WM is working on implementing EVs in our fleet in a smart manner by piloting first and then developing a 4506 rollout strategy based on the results of our pilots to ensure we can fulfill our duty of collecting our 4507 customer's waste, recycling, and organics as promised every service day and provide a reliable and 4508 sustainable electrification solution for our customers. 4509
4510 Currently, we are piloting EV collection vehicles in Kirkland, WA., Southern California and New England, 4511 and more are planned.  Additionally, we are considering hybrid vehicles as a bridge to comply with 4512 regulations while technologies and grid capacity evolve. 4513
4514
4515 Local Vendors
4516 Following are a list of local vendors that WM will use for this agreement:

Other operating facilities to be used in providing service under this agreement Environmental Cleaning Services Green Clean Pressure
Washing, LLC
1602 Shetland Circle Norco, CA 92860

Towing Services Brothers Towing
1674 Elm Dr. Norco 92860
Document Shredding
Southland Shredding 1131 N. Hellman Ave. Ontario CA
91764
Miles from City Center: 14 miles

Final Agreement 3/6/2024 Page 151 of 168
4517
4518 Procurement
4519 Through our network of organic material processing facilities and established organic product sales, WM 4520 can offer the City of Norco credit toward its SB 1383 procurement target. This process, approved by 4521 CalRecycle as an appropriate means to meet the obligation, requires no additional City staff time, 4522 expense, or liability on the part of the City. The transactions are handled entirely by WM, on the City’s 4523 behalf, and documented for the sake of CalRecycle reporting. 4524
4525

Final Agreement 3/6/2024 Page 152 of 168
4526 Exhibit 11
4527 Outreach and Education Plan
4528 2024 Outreach and Education Plan
Annually updated and submitted to City by July 1st 4529 for approval. 4530
RESIDENTIAL, MULTIFAMILY, and COMMERCIAL
Program Timeline Details
Transition to New
Contract
Residential
Meeting
3Q2024
Meeting where Norco customers will be invited to
learn about new service programs.

Commercial
Customers
Community
Workshops
(Bi-annual)
Q3 2024
Q1 2025
WM’s City Liaison, Glenda Chavez, and the
Recycling Coordinators team will host community
workshops to discuss recycling programs and
services and offer an opportunity for customers to
have an in-person Q&A. These workshops will
cover State mandates, recycling programs, and
key WM services and information.

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

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

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

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

Equestrian/Rural Groups: WM will enthusiastically
partner with Norco's equestrian and rural
communities to organize engaging workshops
centered around manure recycling, composting,
and sustainability, fostering a vibrant commitment
to environmental responsibility within these vital
groups.

Educational Institutions: WM has recently been
granted the contract for the Corona Norco Unified
School District. We plan to utilize this partnership
to collaborate closely with school districts,
ensuring that schools, parents, and students have
easy access to service guides and recycling
program information. Additionally, we are eager to
take part in recycling-focused assemblies and

Final Agreement 3/6/2024 Page 153 of 168
engage in school events where our team can set
up an educational booth.

City Event Host
Education Booth
Events to be discussed with
Agreement Administrator
WM’s Norco dedicated local team will host
recycling and organic waste recycling
informational booth at) community events each
year.

In leveraging the education and outreach
opportunity of these events, we will work with City
staff to determine which special events would
work best to attend and host a booth.

Recycle Hero Awards – Successful recycling and
organic waste programs are the result of the hard
work and dedication of many unsung heroes—
Norco residents, community groups and
businesses. In shining a spotlight on their efforts,
WM will recognize the County’s “Recycle Heroes”
annually during meetings or publications.

The Recycling Coordinator(s) will answer
questions and provide educational materials to
those who attend.

Website and
Social Media
(Ongoing)
Updated by July 1, 2024 WM uses digital and social media platforms to inform customers about our services, recycling,
and food waste recycling programs, and
community events. As mentioned, WM will
continue to support and update the WM Norco
website which will have the most up-to-date
information on services, events, and programs.

The website will offer customers the ability to add
new services or request changes to existing
services, manage billing, interact with a CSR via
live chat or email. Additionally, the website will
contain a plethora of information about AB 939,
AB 341, AB 1826, and SB 1383, as well as our
program services and tips for recycling right. WM
will work with City staff and our Southern
California Communications Team to manage our
social media posts and website updates.

Comprehensive
Service Guide
and Welcome
Packet
(Annually mailed
to customers)

Q3 2024 WM’s Welcome Packet, or Comprehensive
Service Guide, will be mailed out and will also be
available electronically for each customer type and
will include WM’s collection procedure summary
and services. This includes but is not limited to
how-to’s for container collection, information on
the service program, like the large item collection
program, bulky waste collection, Sharps Mail Back
Program, holiday collection schedules,
recycling/composting guidelines, kitchen food
waste pails, waste prevention tips, and Customer
Service contact information. In addition, these
packets will include information on pertinent laws
to the customer type such as AB 341, AB 1826,
AB 827, and SB 1383.

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

Final Agreement 3/6/2024 Page 154 of 168
Residential and
Commercial
Customer ENewsletters (BiAnnually
Electronic
Newsletters)
Q4 2024
Q2 2025
E-newsletters provide a simple, sustainable, and
effective method to educate residents and
commercial customers about service changes,
recycling, and sustainability programs, or other
important information. Both E-Newsletters will be
produced bi-annually.

Educational
Fliers
(Quarterly
distribution)
Easily Accessible
Online
Q4 2024
Q1 2025
Q2 2025
Q3 2025
WM currently has multiple recycling fliers, food
waste recycling fliers, and informational fliers that
address current State mandates. To further add to
our library of resources, WM will create new and
updated educational flyers, which will include SB
1383. These flyers will provide meaningful
information, graphics, and details on how to
participate and comply with State mandates and
recycling programs. It will include information
about edible food recovery and donation.

These flyers will be distributed quarterly
electronically or mailed to customers and will also
be available on Norco’s WM dedicated website for
each customer type throughout the life of the
Contract. All written communication material will
be in English, Spanish, and other languages per
request.

Pro How-to
Videos
(Ongoing)

Q12025 WM will produce how-to videos to educate
customers on how to recycle right and participate
in the organics recycling program.

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

Right Size
Containers/
Commercial bins
Ongoing Our WM Smart Truck® Program can monitor
every stop and the entire contents of each
container day in and day out – not just what is
visible on top, only once a year as required by the
regulations. By auditing daily, and providing
targeted customer education, we can help keep
waste streams clean and ensure customers have
the right level of service. WM’s Recycling
Coordinators are available can work with these
customers individually to ensure that they have
the proper service level to minimize contamination
and increase recycling efforts, as well as train staff
to manage the waste accordingly to minimize
these issues
SB 1383 Route
Audits/Cart
Monitoring
(Ongoing)

Annually With WM’s Smart Truck® Program, compliance
with route monitoring requirements is made easy.

Our program has been confirmed with CalRecycle
to comply with SB 1383 requirements by auditing
containers for contamination and providing
personalized, educational feedback to residents. It
also provides the information and insights needed
for simple reporting to CalRecycle and the
continuous refinement of your community’s
successful diversion strategy. Route review plans

Final Agreement 3/6/2024 Page 155 of 168
will be created and approved by the City
annually.

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

Container Monitoring Notices:

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

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

Multiple Notices: Recycling Coordinator will
contact customer to provide technical system to
prevent incidents.

EQUESTRIAN & RURAL-LIVING-RESIDENTIAL,COMMERCIAL MANURE SERVICES Equestrian and
Rural-Living
Community
Workshops
(Bi-annual)
Q3 2024
Q2 2025
Host two bi-annual workshops for the equestrian
and rural-living communities.

These workshops will be dedicated to promote
education and outreach initiatives centered around
the responsible management of manure recycling,
composting, and sustainability practices.

MULTI-FAMILY & COMMERCIAL AB341& SB 1383 COMPLIANCE
Notices of noncompliance Q3 2024
Q4 2024
WM will send multifamily and commercial
accounts notices on a quarterly bases advising
them that they need to be in compliance with state
recycling mandates. Notices will have information
regarding the recycling mandates, and contact
information of Norco’s Recycling Coordinator
Representative for a free waste audit assistance
to get in compliance.

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

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

Final Agreement 3/6/2024 Page 156 of 168
audits to develop a proposed recycling program to
get customers in compliance. We will also provide
training and education material for a successful
recycling program.

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

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

WM’S Recycling Coordinator can serve as liaison
between the commercial customers and identified
food recovery organizations to support a
successful food recovery program in Norco.

Support City Facilities
City Staff
Training
Q4 2024 Audit City Facilities: At the start of the contract, WM’s Recycling Coordinator will work with
appropriate City staff to understand each facility
waste collection needs- ensure that all facilities
are set up for recycling and organic diversion.

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

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

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

CNUSD
Local School
Support
Q1 2025 Meet with School Facility Administrator to create custodial staff recycling training schedule for
schools located in NorcoProvide Recycling Education Material for classrooms and school cafeteria.

Business Community- Construction Projects
Industrial Sector Q3 2024
Ongoing
Construction & Demolition Waste.

All New Construction Accounts have access to our
Builders Direct Program. This program is tailored
to meet the needs of all contractors offering DART
Reporting (diversion reporting). A representative

Final Agreement 3/6/2024 Page 157 of 168
will be able to provide guidance to the contractor
to ensure material is being diverted.

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

Mixed C&D Processing WM will provide
containers for mixed construction and demolition
roll-off processing.
4531
4532

Final Agreement 3/6/2024 Page 158 of 168
4533 Exhibit 12
4534 Acceptable Recyclable Materials
4535 RECYCLABLES must be dry, loose (not bagged), unshredded, empty, and include ONLY the following:
4536
4537 NON-RECYCLABLES include, but are not limited to the following:

Plastic bags and bagged materials (even if
containing Recyclables)
Microwavable trays
Porcelain and ceramics Mirrors, window or auto glass
Light bulbs Coated cardboard
Soiled paper, including paper plates and
cups
Plastics not listed above including but not limited to
those with symbols #3, #4, #6, #7 and unnumbered
plastics, including utensils
Expanded polystyrene Coat hangers
Glass and metal cookware/bakeware Household appliances and electronics Hoses, cords, wires Yard waste, construction debris, and wood Flexible plastic or film packaging and multilaminated materials Needles, syringes, IV bags or other medical supplies
Food waste and liquids, containers
containing such items
Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.)
Excluded Materials or containers which
contained Excluded Materials
Napkins, paper towels, tissue, paper plates, and paper
cups
Any Recyclables less than 4” in size in any
dimension
Propane tanks, fuel cannisters
Batteries
4538
4539 DELIVERY SPECIFICATIONS:
4540 Material delivered by or on behalf of Customer may not contain Non-Recyclables or Excluded Materials. 4541
4542
4543
Aluminum cans Newspaper
PET bottles with the symbol #1 – with
screw tops only
Mail
HDPE plastic bottles and containers with
the symbol #2 (milk jugs, detergent
containers, and shampoo bottles, etc.)
Uncoated paperboard (ex. cereal boxes; food and snack
boxes)
PP plastic bottles and containers with
symbol # 5 (ex. yogurt containers, syrup
bottles)
Uncoated printing, writing and office paper
Steel and tin cans Old corrugated containers/cardboard (uncoated) (ex. moving boxes, pizza boxes)
Glass food and beverage containers – any
color
Magazines, glossy inserts and pamphlets

Final Agreement 3/6/2024 Page 159 of 168
4544 Exhibit 13
4545 Street Sweeping Services
4546 Contractor shall provide Street Sweeping Services to City during the Term in accordance with the terms 4547 and conditions of the Agreement and this Exhibit.
4548 1. Manner of Service. Contractor shall provide a Complete Sweep of all Curb Miles on all streets 4549 within the City boundary of Norco. Curb mile shall be designated as any street in Norco 4550 regardless of if a physical curb exists or not. Within any curb mile, Contractor shall be 4551 responsible for sweeping all curbs/road edge including median islands and the corners from any 4552 cross street intersecting the subject street. Contractor shall obey all laws governing the operation 4553 of the sweepers on a street and shall perform its operations so that sweepers are traversing their 4554 routes in the normal direction of traffic.
4555 2. Labor and Materials. Contractor shall furnish all materials, labor, supervision and equipment 4556 necessary to perform all work required for regularly scheduled sweeping of all public streets in the 4557 City. Within 30 days of the Effective Date, Contractor shall adopt a City reviewed and approved 4558 street sweeping schedule that follows the City approved refuse collection schedule, including 4559 adjustments for Holidays. Exceptions resulting from equipment breakdowns shall be immediately 4560 reported to the City with a catch-up schedule.
4561 3. Unscheduled and Emergency Services. Contractor shall also provide an annual 200-hour time 4562 bank for unscheduled sweeping and related services or as otherwise assigned by the City upon 4563 one (1) Work Days’ notice. Contractor shall use commercially reasonable efforts to respond to 4564 emergency incidents including vehicle accidents, illicit discharges, and other emergencies within 4565 two hours or less depending on the severity of the incident. 4566 4. Maps. Contractor shall provide the Street Sweeping Service route maps to the Agreement 4567 Administrator, within sixty (60) days of the Effective Date for review and approval by the City. The 4568 maps shall be provided in a format that can be posted to the City website. 4569 5. Sweeping Method. Unsweepable items that impede sweeping, such as palm fronds, rocks, trash 4570 and debris shall be removed from the sweeping path and properly disposed of by the operator 4571 rather than driving around them. Items that impede sweeping and are immovable such as 4572 construction debris and impaired vertical or horizontal clearance by tree limbs shall be reported to 4573 the City immediately for correction. Contractor is not responsible for areas missed due to parked 4574 cars or other personal property. Sweeper operators shall immediately report to Contractor and the 4575 City all Illicit discharges observed during routes. Contractor shall train all operators to recognize 4576 Illicit discharges and stormwater pollution sources prior to work as street operators and annually 4577 thereafter, using City-approved training materials. Such training shall be documented and made 4578 available for review by the City.
4579 6. Standing Water/Drainage Problems. In areas where drainage is a problem, Contractor shall 4580 make as many passes as necessary to remove debris from standing water. In addition, all sand, 4581 dirt, rocks, gravel, vegetation, and other sweepable debris shall be removed from the street 4582 during the sweeping operation. If standing water is over the top of curb, then Contractor shall not 4583 be required to sweep that specific area. Sweeper operators shall report all areas with drainage 4584 problems to Contractor and City monthly, or as deemed appropriate by Contractor. 4585 7. Standards of Service. All areas swept under this Agreement shall be thoroughly cleaned. All 4586 debris shall be picked up by the sweeper unit and disposed of at Contractor's expense. Sweeping 4587 shall include the removal of all sand, gravel, dirt, litter, vegetation, and any and all other debris 4588 that accumulates between sweeps. Curb lines shall be swept along both sides of the roadway, or 4589 to the edge of pavement where no curb exists, along all curbs on raised medians, over all 4590 portions of painted medians, painted left and right turn pockets, and all intersection cross gutters. 4591 Sweeping shall normally require one pass over an area. Contractor shall make additional passes 4592 or make such extra effort required to adequately clean the street to the satisfaction of the City. 4593 Extra effort shall be required when sweeping equipment leaves a dirt/silt smear in its swept path.

Final Agreement 3/6/2024 Page 160 of 168
4594 The service standards in this Exhibit may be reviewed and modified as conditions warrant to 4595 maintain cleanliness by the City or as necessary to comply with any regulatory permits issued to 4596 City.
4597 8. Water. Contractor shall obtain water services from the appropriate water utility or City for the 4598 water necessary in the street sweeping operation and use sufficient water to prevent dust arising 4599 during sweeping operations. City may elect to provide map of preferred hydrant locations to 4600 Contractor to be used. The cost of the water shall be borne by Contractor. 4601 8.1. When possible, Contractor shall use reclaimed or tertiary recycled water. 4602 8.2. Contractor shall not discharge liquid waste from the sweeper units onto City streets or 4603 into the storm drain system.
4604 8.3. Washing of sweepers on City property is prohibited. Contractor shall implement best 4605 management practices when loading water into the street sweepers to prevent any 4606 overflow/potable water discharges into the storm drain system. 4607 9. Sweeper Speed. Contractor shall operate the sweepers at a speed of not more than five (5) 4608 miles per hour in residential areas and eight (8) miles per hour in commercial areas when 4609 sweeping or when the sweeper brooms are down, unless Contractor can demonstrate that the 4610 sweeper can operate efficiently and safely at a higher speed. City will use industry standards, 4611 Environmental Protection Agency information, and the sweeper manufacturer’s recommendations 4612 on the speed of sweepers when considering greater speeds. 4613 10. Width of Sweeper Path. Contractor shall sweep all curb miles and all bike lanes with all brooms 4614 down, unless parked vehicles, structures, or other objects prohibit the safe sweeping of this path 4615 width. The path shall begin at the face of the curb or road edge where curb does not exist and 4616 include the flow line of the gutter. Unless blocked by parked cars or Containers, the face of the 4617 curb and gutter shall always be included within the sweeper path. On those residential streets 4618 with no curb, the width of the sweeper path shall be not less than eight (8) feet measured from 4619 the edge of the pavement toward the center of the street. 4620 11. Street Sweeping Frequency.
4621 11.1. Residential Streets. Contractor shall provide Street Sweeping Service for each curb mile 4622 of residential streets in the City one time per month on a scheduled route basis. However, 4623 in those instances where the scheduled Street Sweeping Service day falls on a Holiday, 4624 Contractor may adjust the route schedule as necessary, consistent with other Integrated 4625 Solid Waste Handling Services. This specifically includes:
4626  All public residential streets within the City limits. 4627  All private residential streets within the City limits, except when the street in 4628 question does not have an asphaltic surface or when owners of said private 4629 street directs Contractor to not provide Street Sweeping Services. 4630 11.2. Commercial Streets. Contractor shall provide Street Sweeping Service for each curb mile 4631 of commercial streets in the City once per week on a scheduled route basis. However, in 4632 those instances where the scheduled Street Sweeping Service day falls on a Holiday, 4633 Contractor may adjust the route schedule as necessary, consistent with other Integrated 4634 Solid Waste Handling Services.
4635 11.3. Parking Lots. Contractor shall provide Street Sweeping Service for each curb mile of 4636 designated parking areas in the City once per week on a scheduled route basis. The City 4637 shall provide the Contractor with a list of the parking lots and the City may revise this list 4638 at anytime as public facilities are added or removed. However, in those instances where 4639 the scheduled Street Sweeping Service day falls on a Holiday, Contractor may adjust the 4640 route schedule as necessary, consistent with other Integrated Solid Waste Handling 4641 Services.