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AMENDMENT NO. 3TO THE INTEGRATED SOLID WASTE MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITY OF NORWALK AND ARAKELIAN ENTERPRISES, INC., DBA ATHENS SERVICES THIS AMENDMENT NO. 3 TO THE INTEGRATED SOLID WASTE MANAGEMENT SERVICES AGREEMENT (“Amendment”), effective as of the date specified in Section 1 hereof, is made and entered into by and between the City of Norwalk, California (“City”), and Arakelian Enterprises, Inc., dba Athens Services (“Contractor”). The City and Contractor are referred to each as a “Party” and collectively as the “Parties.” RECITALS A. City and Contractor have previously entered into that certain Integrated Solid Waste Management Services Agreement dated May 8, 2018, for the exclusive Collection, transportation, recycling, processing, and disposal of solid waste and other services related to meeting goals and requirements of the California Integrated Waste Management Act, which was subsequently amended by that certain Amendment No. 1 dated November 4, 2020, and Amendment No. 2 dated September 21, 2021 (hereinafter, “Agreement”). B. WHEREAS, the Legislature of the State of California has enacted certain new laws pertaining or relating to solid waste handling with which City must comply, including SB 1383, creating the need for City to improve efforts to divert solid waste from landfills, including recyclable materials and organic waste; and C. WHEREAS, City and Contractor seek to enhance SB 1383 programs within the City to, among other things, (i) implement a citywide three-container collection program, (ii) expand the procurement of organic waste products, and (iii) modify certain provisions relating to Contractor’s exclusive franchise; D. City determines it is in the best interest of the City to implement the changes pertaining to the provision of services as specified in this Amendment No. 3; and E. City and Contractor desire to amend the Agreement as set forth herein. TERMS NOW , THEREFORE, in consideration of the foregoing and of the mutual covenants of the parties herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as follows: 1. Effective Date of Amendment. This Amendment to the Agreement shall be effective January 1, 2026 (“Effective Date”). 2.Amendment Definitions. Unless specified otherwise, all capitalized terms in this Amendment hereby refer to those defined terms specified in Chapter 8.50 of the Norwalk Municipal Code (Specific Regulations for Organic Waste Disposal Reduction) (“SB 1383 Ordinance”) and 14 California Code of Regulations § 18982. If any term defined in this Amendment No. 3 has been previously defined in the Agreement, the definition in this Amendment No. 3 shall control. Unless specified otherwise, in the event of a conflict between a definition in this Amendment and a definition in 14 California Code of Regulations § 18982, the definition in § 18982 shall control. -2-
3. Green Waste. All references to “Green Waste” in the Agreement are hereby deleted and replaced with “Organic Waste,” except references to “Green Waste” in Sections 1.6, 1.22, and 1.26 shall remain. 4. Annual Sustainability Payment. A new Section 3.7 is hereby added to the Agreement as follows:3.7 Annual Sustainability Payment Contractor shall pay City an “Annual Sustainability Payment,” as provided herein. No later than December 31, 2026, the Annual Sustainability Payment shall be One Hundred and Twenty-Five Thousand Dollars ($125,000). Thereafter, no later than December 31, 2027, and no later than each December 31 for every subsequent year of the term, the Annual Sustainability Payment shall be Two Hundred and Fifty Thousand Dollars ($250,000). The requirements of this Section 3.7 shall become void and no further force and effect upon the issuance of any Notice of Intent to Wind-Down the one-year renewal and extension provision as set forth in Section 2.5 of the Agreement. In the event of the foregoing, City shall, no later than thirty (30) days after issuance of such notice, return the most recently paid Annual Sustainability Payment on a basis prorated from the number of days beginning the date of Contractor receives the notice and ending on December 31 of the year the notice is issued. 5. Commercial/Multifamily Customers; Bundled Service. Section 4.1.15 c) is deleted in its entirety and replaced with the following: 4.1.15 c) Commercial/Multifamily Customers; Bundled Service Notwithstanding any provision in this Agreement to the contrary, for Commercial and Multi-Family Customers, as a default, (i) Customers receiving Cart service will be provided one 96-gallon Cart for Solid Waste, one 96-gallon Cart for Recyclable Materials, and one 96-gallon Cart for Organic Waste, for Collection once-per week; and (ii) Customers receiving Bin service will be provided one 3-cubic yard Solid Waste Bin, one 96-gallon Cart for Recyclable Materials, and one 64-gallon Cart for Organic Waste, for Collection once-per week. Based on a waste assessment performed by Contractor, Contractor may adjust the foregoing bundled service default levels to any one of the following Container types: (i) 64-gallon Cart; (ii) 1.5 to 2 cubic yard Bin; and (iii) Roll-Off Box with a capacity of 10 or more cubic yards. Contractor shall determine the appropriate Container size, type, quantity, and Collection frequency for each Customer, subject to the reasonable disapproval of City and subject to applicable law. Notwithstanding the foregoing, Customers may request changes to increase Container size, type, quantity, and Collection frequency. Contractor shall fulfill a Customer’s request to change Containers to the extent compliant with applicable law within one week of receipt of the -3-
written request unless circumstances beyond Contractor’s control prevent such a response. 6. Commercial Recyclables Collection. Section 4.2.2, inclusive of subsections 4.2.2.1 and 4.2.2.2, of the Agreement is deleted in its entirety and replaced with the following:4.2.2 Commercial Recyclables Collection Contractor shall assist the City in meeting mandatory Commercial Recycling program requirements at no additional charge, including providing reporting that may be required by applicable law. Contractor shall provide Source-Separated Recyclables Collection service to Multi-Family and Commercial Customers as specified in Section 4.1.15. 7. Warning Notices. The second paragraph of Section 4.2.3 of the Agreement is hereby deleted in its entirety and replaced with the following: Contractor shall notify City on a monthly basis of any warning notices issued pursuant to this Section, and shall provide copies of such warnings to City upon request. 8. SB 1383 Program. Sections 4.3.1, 4.3.3, 4.3.4, and 4.13 are hereby deleted in their entirety and replaced with the following: 4.3.1 SB 1383 Program Beginning January 1, 2026, Contractor will conduct Collection, transportation, and processing for source separated Solid Waste, Recyclables, and Organic Waste generated at Customer premises. Such service shall be conducted in accordance with Contractor’s SB 1383 program specified in Exhibit 5 attached hereto and incorporated herein by reference. 9. Special Events. A new paragraph shall be added to Section 4.4.2 of the Agreement as follows: Contractor shall Collect illegally dumped Bulky Items for one (1) City-selected parade per year . Contractor shall perform such Collections using one (1) Collections vehicle conducting a single pass of the parade route on the morning prior to the parade. 10. Mr. Sun Neighborhood Clean-Up Program. Section 4.4.4 of the Agreement is hereby deleted in its entirety and replaced with the following: 4.4.4 Mr. Sun Neighborhood Clean-Up Program Contractor will conduct eight (8) Neighborhood Clean-up events per calendar year at no additional cost to City or Customers (the number of events are to be prorated for partial calendar years, and six (six) events may -4-
be requested in the initial contract period from August 1 to December 31, 2018). City will identify eight (8) neighborhoods each year in which Contractor will provide special Collection services each year, and the dates on which to conduct each of the eight (8) events. City and Contractor will work together to select a location at which to set up a drop-off site. Contractor will provide and service Solid Waste Containers placed at each event, including separate Roll-Off Boxes for Refuse, dirt/concrete, scrap metal/appliance, Organic Waste, and tires. Contractor will provide and service a sufficient number of Containers to Collect all material Collected; in particular, several Refuse Roll-Off Boxes are anticipated to be needed at each event. Events shall run for a minimum of four (4) hours on a Saturday. Contractor is responsible for providing all necessary staffing. City may, but is not required to, provide supplemental staffing to assist residents during the event. 11. Citywide Bulky Item Drop-off Event. A new section 4.4.9 is hereby added to the Agreement as follows: 4.4.9 Citywide Bulky Item Drop-off Event Annually, Contractor will provide a drop-off location within the City for the Collection of Bulky Items. The location of this drop-off and hours open will be mutually agreed upon by the City and Contractor and coincide at the same location and time with a "Mr . Sun Clean-Up" event specified in Section 4.4.4. 12. Sharps Collections. Section 4.4.5 of the Agreement is hereby deleted in its entirety. 13. Facilities. Section 4.7 of the Agreement is hereby deleted in its entirety and replaced with the following: 4.7.1 Identification of Facilities; Compliance with Law Annually beginning January 1, 2026, upon City’s written request, Contractor shall provide City a listing of each landfill, Transfer Station, Transformation Facility, Organic Waste Processing Facility, or any other Facility used by Contractor in the fulfillment of this Agreement. Contractor has sole discretion and exclusive right to determine the Facilities utilized under this Agreement, provided that City may request to meet and confer to discuss modifications to the Facilities used by Contractor . All Facilities utilized hereunder must comply with applicable law. 4.7.2 Recordkeeping Contractor shall maintain accurate records of the quantities of Solid Waste, Recyclable Materials, and Organic Waste transported to the appropriate processing Facility, if transported to a processing Facility, and as applicable, -5-
to the disposal site in accordance with applicable law. Contractor will cooperate with City in any audits or investigations of such recorded quantities. Contractor shall devise a method approved by City to identify the diversion rate for City for the waste stream processed by Contractor and such method shall comply with requests made by CalRecycle. Contractor has the right to retain any materials Collected under the franchise and retain any payments therefor . 14. Customer Service. The first paragraph of Section 5.1.1 of the Agreement is hereby deleted in its entirety and replaced with the following:Contractor shall staff a toll-free telephone line with a live representative to assist Customers at a minimum from 8:00 a.m. to 5:00 p.m. Monday through Friday, as well as, Saturdays from 7:00 a.m. to 12:00 p.m., excluding holidays. Contractor shall staff a tollfree telephone line to assist Customers, and shall provide a representative, an answering service or answering machine during all other hours. Calls received by answering service or machine shall be responded to on the next business day. Contractor shall provide City with a twenty-four (24) hour emergency number to a live person, not voice-mail. 15.“One Person’s Trash” Quarterly Publication. The third bullet point in Section 5.2.2 of the Agreement is hereby deleted in its entirety. 16. Rates Invalidation. Section 6.3.2 of the Agreement is hereby deleted in its entirety and replaced with the following: 6.3.2 Rates Invalidation Procedures In the event that City is unable, by operation of applicable law, or a valid majority protest pursuant to Proposition 218, to approve or implement any rate increase due to Contractor under this Agreement, in whole or in part, including but not limited to the implementation of an annual rate adjustment, City must provide thirty (30) days written notice to Contractor identifying such prohibition or disallowance, with a written justification explaining why City is prohibited or disallowed from approving or implementing an adjustment of rates in whole or in part (“Invalidation Notice”). Upon Contractor’s receipt of an Invalidation Notice, Contractor will present an accounting of the amounts otherwise due to Contractor attributable to the invalidated rate(s). City and Contractor shall immediately meet and confer and agree to discuss a revised rate adjustment that may be acceptable; corresponding reductions in programs, services, or fees and payments otherwise due to City to compensate Contractor for the total amount due to Contractor that would have been recovered through an annual rate adjustment or other rate adjustment but for denial or prohibition of the same; and/or City paying to keep identified services and programs that may be removed or reduced. If City and Contractor do not reach an agreement within ninety (90) days of -6-
Contractor’s receipt of the Invalidation Notice, or as extended by mutual agreement of the Parties (email communication acceptable), Contractor will immediately offset the total cost of the invalidated rate(s) from the fees otherwise due to City such as but not limited to franchise fees, or upon written notice to Contractor , City may pay the remaining amounts directly to Contractor from City funds. If Contractor offsets the amounts due, then Contractor shall provide monthly reports to the City Manager that provide the total amounts being offset and the related services. Such monies may be refunded to City upon mutual written agreement between the Parties. Further, Contractor may terminate the Agreement without cause or penalty at any time, provided that Contractor provides at least ninety (90) days’ prior written notice of termination and, during such period, cooperates with City to transition services to City or its designee. Contractor’s rights hereunder are in addition to any other rights of Contractor upon the invalidation of rates that would otherwise be due to Contractor . 17. Delinquent Accounts. Section 6.6.6 of the Agreement is hereby deleted in its entirety and replaced with the following: 6.6.6 Delinquent Accounts Contractor may assess penalties for late payments and Collection of delinquent accounts in the amounts set forth in Exhibit 1. Contractor may discontinue service to commercial Customer where payment for services rendered is delinquent for ninety (90) days or more. Contractor shall notify the Customer and City in writing of its intent to discontinue service not less than ten (10) business days before such discontinuation shall occur . If payment is not made by the end of such ten (10) business day period, Contractor may discontinue service to that Customer . If payment is made at least five (5) business days prior to the next regularly scheduled Collection day, Contractor shall resume service on the next regularly scheduled Collection day for any Customer whose service is discontinued upon receipt of delinquent fees, late fees, and any related charges to resume service, including a reasonable rate for the redelivery of Contractor-provided Containers. 18. Delinquent Accounts; Tax Roll. A new Section 6.6.9 is hereby added to the Agreement as follows: 6.6.9 Delinquent Accounts; Tax Roll In the event of any Qualifying Delinquency, City shall collect unpaid service fees through the property tax roll in cooperation with Contractor . For purposes of this Agreement, a “Qualifying Delinquency” means any customer account that is at least sixty (60) days past due on payment of service charges and is eligible under applicable law to be collected via property tax billing as a lien, special assessment, or similar levy. No later -7-
than May 1 of each year (and/or at such other times as the City and Contractor may reasonably determine necessary to meet county tax roll deadlines), Contractor will provide the City with a written report identifying all accounts that are ninety (90) or more days past due. This delinquency report will include the service address, account name, amount owed, and the last payment date for each Qualifying Delinquency. City shall take all necessary steps to levy and collect the qualifying delinquent charges on the property tax roll. This shall include, but is not limited to: (a) preparing an official report of all Qualifying Delinquencies; (b) issuing any required notices to the property owners of delinquent accounts, informing them of the delinquency and the impending placement of the unpaid charges on their property tax bills; (c) providing an opportunity for hearing or appeal for the affected property owners; and (d) if the delinquencies are upheld (or amended), presenting a resolution to the City Council to adopt the delinquency report and request the County Auditor add the specified unpaid charges to the respective property tax bills. City will ensure that all required documentation is presented to the County in its prescribed format and by any applicable deadlines so that the unpaid fees are duly recorded on the then-upcoming tax roll. City shall remit all funds collected hereunder to Contractor within thirty (30) days of City’s receipt of such amounts.19. Indemnification. Sections 9.2, 9.3, and 9.4 of the Agreement are hereby deleted in its entirety and replaced with the following: 9.2 General Indemnification Contractor hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, consultants and agents (collectively, “City Indemnitees”) from and against all suits and causes of action, claims, losses, demands, and expenses, or for contribution or indemnity claimed by third parties, including but not limited to attorney’s fees, cost of litigation (to include actual litigation costs incurred by City, such as the cost of experts and consultants), and damage or liability of any nature, (i) for death or injury to any person, including Contractor’s employees and agents or (ii) for damage or destruction of any property; arising by reason and to the extent of the negligent acts, errors, omissions, willful misconduct, material breach of this Agreement, or violation of law incident to the performance of this Agreement by Contractor, its officers, employees, agents, consultants, contractors and/or subcontractors in performing services under this Agreement. 9.3 Hazardous Substances Indemnification Contractor shall indemnify and hold harmless City and its officers, employees, servants and agents from and against all claims, actual damages, injuries, costs, losses, liabilities, causes of action, interest, and expenses (including but not limited to reasonable attorney’s and expert’s fees) incurred by or against City to the extent resulting from any removal or -8-
response action undertaken pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. or the Carpenter-Presley-Tanner Hazardous Substance Account Act of 1981, Health & Safety Code § 25300 et seq. with respect to Solid Waste (exclusive of e-waste) Collected, transported, and Disposed of by Contractor at disposal facilities selected by Contractor . 9.4 Diversion Indemnification Subject to the requirements of Public Resources Code Section 40059.1, which will control in the event of any conflict with the provisions of this Agreement, Contractor agrees to protect, defend, and hold harmless City from and against all fines and penalties imposed by CalRecycle if the Diversion goals specified in Public Resources Code Section 41780(a)(2) are not met due to the sole failure of Contractor to implement and operate the recycling or Diversion programs required by this Agreement. 20. Faithful Performance Bond. Section 9.6 of the Agreement is hereby deleted in its entirety and replaced with the following: 9.6 Faithful Performance Bond Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of Five Hundred Thousand Dollars ($500,000.00), in the form provided in Exhibit 4, which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his or her power of attorney. 21. Exceptions. A new Section 9.11 is hereby added to the Agreement as follows: 9.11 Indemnification Exceptions Notwithstanding any other provisions of this Agreement to the contrary, Contractor’s obligation to indemnify, hold harmless and defend City and its elected officials, officers, employees, servants and agents under this Agreement will not extend to any liability including, but not limited to, any claim, demand, action, penalty, proceeding or suit in law or equity of any kind (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties), loss, damage, expense, cost (including without limitation legal counsel fees, expert fees and all other costs and fees of litigation) of every nature relating to, arising or resulting from, acts or omissions to the extent (i) not within the control of Contractor, (ii) constituting the negligence, willful misconduct, or material breach of this Agreement on the part of City and its elected officials, officers, employees, servants and agents, (iii) -9-
violation of law on the part of City and its elected officials, officers, employees, servants and agents or third parties, or (iii) as limited by Public Resources Code Section 40059.1. 22. Default. The last paragraph of Section 11.1 of the Agreement is hereby deleted in its entirety and replaced with the following:If the City determines that the Contractor is in breach of any material provision of this Agreement, including an event of default specified in this Section 11.1, City shall so notify the Contractor in writing. Contractor shall have at least thirty (30) days to cure such breach, or in the case of a breach or non-performance that requires more than thirty (30) days to cure, Contractor shall have a reasonable time within which Contractor may cure the breach. The City Manager shall review Contractor’s responsive action to such notice and shall notify Contractor in writing of his determination as to whether the breach has been cured in a satisfactory manner . 23. Maximum Rates. Exhibit 1 (Maximum Rates) to the Agreement is hereby amended and replaced in its entirety with a newly revised Exhibit 1 attached to this Amendment. The rates specified in Exhibit 1 shall apply as of the Rate Year beginning January 1, 2026, and subject to the following (i) for each of the Rate Years beginning January 1, 2026, January 1, 2027, and January 1, 2028, all then-existing rates for services provided to Residential Customers shall receive an extraordinary rate adjustment of four percent (4%) in addition to any other rate adjustments permitted in accordance with the terms of the Agreement; and (ii) effective January 1, 2026 and ending December 31, 2027, the maximum rate applicable to the collection of Recyclable Materials generated by commercial service recipients shall be discounted 50%. 24. Due Execution. The person(s) executing this Amendment on behalf of a Party hereto warrant(s) that (i) such Party is duly organized and existing; (ii) such person(s) are duly authorized to execute and deliver this Amendment on behalf of said Party; (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment; and (iv) entering into this Amendment does not violate any provision of any other agreement to which said Party is bound. 25. Entire Amendment. This Amendment contains the entire agreement and understanding between the Parties with respect to the subject matter of this Amendment and supersedes any and all prior or contemporaneous oral and written representations, warranties, agreements, and understandings between the Parties concerning the subject matter of this Amendment. 26. Full Force and Effect. Other than as set forth in this Amendment, the terms of the Agreement shall remain unchanged and in full force and effect. In the event of any conflict between the Agreement and this Amendment, this Amendment shall apply. 27. Counterparts. This Amendment may be executed in counterparts, each of which shall be considered an original. [Signature page follows]IN WITNESS WHEREOF , the Parties have executed this Amendment as of the date first set forth below. -10-
CITY OF NORWALK ARAKELIAN ENTERPRISES, INC., a California corporationJennifer PerezMayor Ron Arakelian IIIExecutive Officer Date ATTEST: Date Theresa DevoyCity Clerk Adam ArakelianExecutive Officer Date Date APPROVED AS TO FORM: ________________________________ Arnold M. Alvarez-Glasman City Attorney _____________________________ Date -11-
ATTACHEMENT 1MAXIMUM SERVICE RATES (AGREEMENT EXHIBIT 1) -12-
ATTACHEMENT 2SB 1383 PROGRAM (AGREEMENT EXHIBIT 5) 1. General. As provided herein, Contractor shall (i) provide account site visits and reviews, and the tracking thereof; (ii) support City public education and outreach efforts; (iii) meet with CalRecycle staff; (iv) provide Organic Waste tonnage data to both City and CalRecycle; and (v) provide Organic Waste Collection services. 2. Education and Outreach. Contractor shall provide, and City must approve, education and outreach activities and to create and disseminate educational materials to Customers in compliance with 14 CCR Section 18985.1. In accordance with the foregoing, Contractor will provide the education information required in 14 CCR Section 18985.1 by providing regularly scheduled notices, education materials, billing inserts, or other information disseminated to Customers. Contractor shall maintain records of its education and outreach activities and provide this information upon request to City. City has a shared responsibility to cooperate with Contractor with respect to the education and outreach activities and creation and dissemination of educational materials hereunder. 3. Records; Reporting. Contractor shall prepare and maintain the records identified in 14 CCR Section 18995.2(f), arising from the Organic Waste services performed by Contractor, and shall assist City in reporting such information. Contractor will provide an annual report of the following: (i) the tons of Organic Waste collected by route, with map of routes; (ii) the total number of generators that receive each type of Organic Waste Collection service provided by Contractor; (iii) the number of Organic Waste Collection Containers distributed by size and Customer type; and (iv) annual totals of Organic Waste processed including Facility name and location. Contractor shall provide other records to City within ten (10) business days of a request. Contractor shall provide City with business hours access to and any necessary training for use of a Contractor-hosted records systems in order to validate Contractor performance in accordance with the Organic Waste program specified in this Exhibit. In the event of any conflict with the recordkeeping requirements between this Exhibit and Article 8 of the Agreement, this Exhibit shall govern. 4. Recovered Organic Waste Products. A. Beginning January 1, 2026, Contractor shall procure and provide to, or cause to procure and provide, City sufficient quantities of Compost, mulch, and/or California-derived Renewable Natural Gas (“CRNG”) to meet the City’s required annual per capita procurement of products produced in accordance with 14 CCR Section 18993. Contractor may meet this obligation by one or more of the following activities, as determined by Contractor: (i) the use of CRNG in Collection vehicles, provided such CRNG complies with 14 CCR Section 18993.1; and/or (ii) sufficient tons of Compost or mulch. Further, Contractor may utilize other methods approved by CalRecycle or applicable law to ensure that the City achieves the procurement requirements. B. Contractor shall comply with the recordkeeping and verification requirements of 14 CCR Section 18993.1 and 14 CCR Section 18993.2, as applicable, including but not limited to, records sufficient to evidence the procurement of recovered Organic Waste products made by Contractor on behalf of City. City shall notify Contractor as soon as practicable of any third-party request under the California Public Records Act (excluding any request by CalRecycle) to review or copy documents provided to City in connection with or related to this Section 4. -13-
5.Containers.A. Container Color. Notwithstanding any provision in this Agreement to the contrary, all Containers provided by Contractor to Customers must comply with the color requirements specified in 14 CCR Section 18984.7 under the timelines and requirements of such section. Containers shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation, and the lids and bodies shall be uniform for each Container type, as follows: (i) Solid Waste Container bodies and/or lids shall be black or gray; (ii) Recyclable Materials Container bodies and/or lids shall be blue; and (iii) Organic Waste Container bodies and/or lids shall be green. Hardware such as hinges and wheels on the Containers may be a different color than specified herein. B. Container Labeling. Contractor shall, in accordance with 14 CCR Section 18984.8, imprint or place a label on the body or lid of each new Container that has been provided by Contractor to a Customer that includes language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that Container. Imprints or labels shall clearly indicate items that are Prohibited Container Contaminants for each container. 6. Ongoing Contamination Monitoring. Contractor may meet Contamination monitoring requirements pursuant to SB 1383 by conducting waste evaluations or route reviews, as follows: A. Route Reviews. If Contractor elects to perform route reviews, commencing January 1, 2026, Contractor shall conduct route reviews for Prohibited Container Contaminants consistent with and as defined in 14 CCR Section 18984.5(b) in a manner deemed safe by Contractor such that all hauler routes are reviewed annually. Containers may be randomly selected along hauler routes. Contractor shall develop a hauler review methodology in compliance with 14 CCR Section 18984.5(b) and submit it to City not more than annually upon the request of City. B. Waste Evaluations. If Contractor elects to perform waste evaluations, then, at least twice per year, in two distinct seasons of the year, Contractor shall conduct waste characterizations at Facilities owned or operated by Contractor, pursuant to 14 CCR Section 18984.5(c). City maintains the right to observe, or hire a third party to observe, the waste evaluations. 7. Contamination Protocols. In order to prevent Prohibited Container Contaminants, Contractor shall implement the protocols, as specified herein. A. First Contamination Event. Upon the first discovery of Prohibited Container Contaminants within a given calendar year starting January 1, Contractor will Collect the contaminated waste if safe to do so, treat the waste as garbage for handling and billing purposes, and affix a “Contamination Violation Notice” to any Container with contaminated waste. Contractor shall also report issuance of any such notices to City. The Contamination Violation Notice will contain instructions on the proper procedures for sorting waste, and Contractor must notify the Customer by phone, by U.S. mail, by email, in person, or by tag, of the following: (i) for the third and subsequent discovery of Prohibited Container Contaminants within a given calendar year starting January 1, the Customer may be charged a Contamination fee for each contaminated Container, and (ii) for the fifth and subsequent discovery of Prohibited Container Contaminants within a given calendar year starting January 1, the Customer may be charged a Contamination fee for each contaminated Container and Contractor may increase the size of the Customer’s Container or require an additional Container(s). Contractor must also contact the Customer by phone, by U.S. mail, by email, in person, or by tag, to ensure that the Customer has the appropriate level of service for proper Collection of waste. -14-
B. Second Contamination Event. Upon the second discovery of Prohibited Container Contaminants within a given calendar year starting January 1, the protocols specified for a first Contamination event shall apply. C. Third Contamination Event. Upon the third discovery of Prohibited Container Contaminants within a given calendar year starting January 1, Contractor will Collect the waste in the contaminated Container(s) if safe to do so, treat the waste as garbage for handling and billing purposes, and affix a Contamination Violation Notice to the contaminated Container. Contractor may also elect to charge the then-maximum Contamination fee for the Contamination event. For any assessed Contamination fee, Contractor must provide digital/visual documentation of Contractor’s discovery of Prohibited Container Contaminants to Customer and City. D. Fourth Contamination Event. Upon the fourth discovery of Contamination within a given calendar year starting January 1, the protocols specified for a third Contamination event shall apply. E. Five or More Contamination Events. Upon each of the fifth and any subsequent discoveries of Prohibited Container Contaminants within a given calendar year starting January 1, Contractor will Collect the waste in the contaminated container(s) if safe to do so, treat the waste as garbage for handling and billing purposes, and charge a Contamination fee for each event. For any assessed Contamination fee, Contractor must provide digital/visual documentation of Contractor’s discovery of Prohibited Container Contaminants to Customer and City. Upon five (5) business days’ notice to City and the Customer, Contractor may (i) increase the size of the Customer’s container, require additional containers to accommodate excessive Prohibited Container Contaminants, or increase Collection frequency; (ii) impose a Contamination fee in the amount equal to the then-maximum Contamination fee multiplied by six (6) per contaminated container, provided Contractor may credit such fees paid if the Customer has demonstrated Prohibited Container Contaminants are not in containers for a period of three (3) consecutive months after any fee assessment hereunder; and/or (iii) provide notice that Contractor has recommended that City commence any applicable code enforcement action against the Customer. City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against offending Customers in order to secure discontinuance of the Prohibited Container Contaminants. All City costs of such action shall be recovered from the offending Customers. F. Contamination Records. The driver or other Contractor representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system including date, time, Customer’s address, type of container, and photographic evidence. G. Disputes. If a Customer disputes, in writing, an assessment of a Contamination fee within thirty (30) days of the assessment, Contractor will temporarily halt any such assessment and Contractor may request a ruling by the City Manager to resolve the dispute. A request by Contractor to the City Manager to rule on any such dispute must be filed within ten (10) business days of a Customer’s written dispute, and Contractor must include written documentation and digital/visual evidence of ongoing overall problems. Upon receipt of such documentation, the City Manager will rule on the dispute within ten (10) business days, and the City Manager’s decision on resolving the dispute between Customer and Contractor will be final. 8. Generator Waivers. In accordance Section 8.50.060 of the Norwalk Municipal Code, the City may grant waivers (de minimis or physical space) to generators that impact the scope of Contractor’s provision of service for those Customers. Waivers issued shall be subject to compliance with SB 1383 -15-
requirements, pursuant to 14 CCR Section 18984.11, or other requirements specified by the City in compliance with applicable law. When City grants a waiver to a Customer, or the Customer’s waiver status changes, City shall notify Contractor within seven (7) days with information on the Customer and any changes to service level or Collection service requirements for the Customer. 9. Organic Waste Ordinance; Enforcement. City will enforce its SB 1383 Ordinance including, but is not limited to: sending cease and desist letters at Contractor’s request to third parties engaged in violating the SB 1383 Ordinance; taking code enforcement action against those who continue to violate the SB 1383 Ordinance; and initiating any legal actions against violators of the City’s SB 1383 Ordinance. Contractor shall not be liable for any claims, actions, obligations, demands, damages, liabilities, costs, or expenses for any damages or injuries caused by or arising from (i) the failure of Customers to accept Organic Waste Collection services, or (ii) the suspension or termination of services upon nonpayment in whole or in part by Customers, provided Contractor reports such instances of noncompliance or nonpayment to City for code enforcement. 10. Service Changes. Contractor may reduce or increase any Organic Waste service level based on inspection, audit, or review at any time, subject to the City Manager’s right to review. Contractor may assess additional charges for Organic Waste services above the default service level and/or above the minimum Collection frequency for a given Customer. 11.Program Changes. If additional or modified Organic Waste services are necessary and Contractor will otherwise incur additional costs, Contractor shall be entitled to a special rate adjustment as specified in Section 6.5. Nothing in this Agreement shall be construed as obligating Contractor to provide additional or modified Organic Waste services prior to City and Contractor having first agreed in writing to any such change.
Residential ServicesNew RateRegular Customer $ 31.72 $ 1,578.75 Senior Rate $ 8.28 $ 1,672.92 40 Yard Roll-off Residential (7 Tons) $ 1,578.75 $ 1,998.29 3 cubic yard container (Temporary) $ 184.34 load $ 87.39 Additional Refuse Cart $ 12.79 $ 154.21 Additional Green Waste Cart - above 2 $ 9.47 Commercial BundleStandard bundle includes 3YD trash, 96GL recycle, 64GL organics serviced 1X per weekTrash264.69$ 1-3YD-1Recycle45.00$ 1-96GL-1Organic90.00$ 1-64GL-1399.69$ Commercial Refuse (Monthly)1X2X3X4X5X6X7X96GL Trash Cart $ 138.56 $ 274.24 $ 409.92 $ 545.60 $ 681.29 $ 816.97 $ 952.65 1YD Trash Bin $ 175.04 $ 334.36 $ 493.67 $ 652.99 $ 812.31 $ 971.62 $ 1,130.94 2YD Trash Bin $ 225.22 $ 431.81 $ 638.40 $ 844.98 $ 1,051.57 $ 1,258.16 $ 1,464.74 3YD Trash Bin $ 264.69 $ 529.13 $ 782.99 $ 1,036.84 $ 1,290.70 $ 1,544.55 $ 1,798.41 4YD Trash Bin $ 326.52 $ 627.65 $ 928.77 $ 1,229.90 $ 1,531.02 $ 1,832.14 $ 2,133.27 6YD Trash Bin $ 430.74 $ 826.40 $ 1,222.06 $ 1,617.72 $ 2,013.39 $ 2,409.05 $ 2,804.71 3YD Trash Compactor $ 825.83 $ 1,587.40 $ 2,348.96 $ 3,110.53 $ 3,872.09 $ 4,633.66 $ 5,395.22 4YD Trash Compactor $ 979.57 $ 1,882.94 $ 2,786.31 $ 3,689.69 $ 4,593.06 $ 5,496.43 $ 6,399.80 Commercial Recycling (Monthly)1X2X3X4X5X6X7X96GL Recycle Cart $ 45.00 $ 92.62 $ 138.44 $ 184.27 $ 230.09 $ 275.91 $ 321.73 2YD Recycle Bin $ 62.00 $ 117.66 $ 173.31 $ 228.97 $ 284.62 $ 340.28 $ 395.93 3YD Recycle Bin $ 69.50 $ 131.71 $ 193.93 $ 256.14 $ 318.35 $ 380.56 $ 442.77 4YD Recycle Compactor $ 376.88 $ - $ - $ - $ - $ - $ - Commercial Organic (Monthly)1X2X3X4X5X6X7X64GL Organic Cart $ 90.00 $ 185.97 $ 278.34 $ 370.72 $ 463.08 $ 555.45 $ 647.83 1YD Organic Cart $ 150.05 $ 292.41 $ 434.77 $ 577.12 $ 718.52 $ 860.88 $ 1,003.24 2YD Organic Cart $ 226.04 $ 442.46 $ 658.88 $ 876.27 $ 1,092.69 $ 1,310.07 $ 1,526.49 Split Bin1X2X3X4X5X6X7X4YD $ 419.07 $ 667.12 $ 985.02 $ 1,302.91 $ 1,620.81 $ 1,938.71 $ 2,256.60 month Residential Roll-Off CITY OF NORWALKSolid Waste Disposal Rates Effective January 1, 2026Commercial Roll-OffStandard Service includes one refuse, one or more recycling, and up to two green waste cartsmonth Commercial Roll-Off load Compactor (9 tons)Extra pickup of Commercial Extra pickup of Temp Bin RATE $ 11.35 $ 32.20 Walk-Out Service - authorized disabled customers No Charge Additional Service Charges-1 to 2 items40.19$ pickup-3 to 5 items85.71$ pickup-6 to 10 items167.40$ pickup-11 to 20 items334.81$ pickupExtra Dump Charge (for all bin sizes) 60.27$ dumpBin Return Trip (Go-Back) / Dry Run Fee (Dead-Run)66.96$ Over-loaded Bin Service Fee 66.96$ Emergency Service Rates – one crew and one collection truck (disposal at actual cost) $ 133.93 hour Sunday Bin Service $ 126.54 Trash/Recycle/Organics Contamination Fees (Per Occurrence per Container) $ 63.27 Declined Payment (Any Reason) $ 38.45 Stop Service $ 38.45 Resume Service $ 38.45 Container Scout (Per Container per Frequency) $ 15.38 Container Push-Out (Per Container per Frequency) $ 15.38 Bin Container Size exchange $ 96.12 Roll-Off Same Day Expedited Request $ 64.09 Roll-Off Plastic Liner $ 52.26 Residential extra pick up $ 31.63 Residential Go-Back or Dead-Run $ 31.63 Bin Re-Delivery/Bring In Fee $ 75.92 Bin Cleaning, Wash-Out/Clean-Out $ 89.84 Bin Lock-Lid Installation (Perm – Per Lock) $ 60.73 Compactor Wash-Out $ 288.39 Compost Bin & Delivery (Per Bin) $ 35.00 Worm Bin & Delivery (Per Bin) $ 35.00 Cardboard Boxes (Per Box) $ 6.71 Cardboard Box Liners (Per Box Liner) $ 0.66 Roll-off Box ChargesRoll-off Box Service – includes delivery, 7-day rental, pickup and disposal- Standard roll-off box for clean dirt – 10 cubic yard (3) $ 1,024.31 Additional Roll-off Box Fees $ 135.94 - Per day rental after 7 days without a pull $ 38.83 - Dry Run/Redelivery/Return Trip/Relocation Fee $ 194.20 Locking Bin ServicesMonthly Bin and Commercial Cart Rates* Pickups per week $ 10.72 $ 16.08 $ 21.43 $ 26.78 $ 32.15 $ 37.50 $ 42.86 (1) Standard roll-off box Includes disposal up to 7 tons. (C&D disposal/processing only)(2) Compactor roll-off box Includes disposal up to 9 tons.(3) Standard roll-off box for clean dirt Includes disposal up to 10 tons.
Solid Waste Disposal RatesCITY OF NORWALK Effective January 1, 2026Other Residential Cart Rates and Services* (Charged in addition to Monthly Cart Service Rates)Additional Special Overage Pickup for Automated Cart Customers (in excess of two pickups per year)Cart Exchange (in excess of free exchanges to be provided under Section 4.5.1.1)Commercial Bulky Item Pickup, and Residential Bulky Item Pickup Above Section 4.1.12 allocation:Senior rate includes on 32-gallon refuse cart, plus one recycling and one green waste cart(any size recycling or green waste cart). The Senior rate shall be made available to qualified senior citizen customers. The qualification criteria is set forth on the City's "Reduced Disposal Fees Application Form", as it now exists or may subsequently be amended. 7 x week*Including all City fees.1 x week2 x week3 x week4 x week5 x week6 x week- Per Ton Rates - for each ton over seven tons/load for standard roll-off, or over nine tons for compactor roll-off (1)(2) (4) Commercial recycling rates will be discounted at 50% for calendar year 2026.