Placentia City Council
September 20, 2022

Attachment C
B APPROVED FACILTIES:

Transfer Facilities
- _ Fa i1 tv Name AlMr—liMca
CVT Regional Materials Facility
SWIS# 30 -AB -0335
Rainbow Disposal Co., Inc.

SWIS# 30 -AB -0099
Processin• Facilities
Facilit
CVT Regional Materials Facility
SWIS# 30 -AB -0335
Copper Mountain Landfill Compost Facility
ADEOArDroval No. 14943400.113
Kochergen Farms Composting
SWIS# 16 -AA -0022
Circle Green
SWIS# 36 -AA -0500
Agromin OC Chino Green Mat. Composting
SWIS# 36 -AA -0476
Recology Biossum Valley Organics
SWIS# 15 -AA -0307
Anaergia - Rialto Bio -Energy Facility
SWIS# 36-M-0446
O.eratin • Facilities
CVT Regional Materials Facility
SWIS# 30 -AB -0335
Rainbow Disposal Co., Inc.

SWIS# 30 -AB -0099
DESIGNATED FACILITIES:
277 E Gretta Lane,
Anaheim CA 92806
17121 Nichols Lane
Huntington Beach, CA 92647
277 E Gretta Lane
Anaheim CA 92806
Rei atianship
Republic Owned
Republic Owned
Republic Owned
34853 East County 12th St
Wellton. AZ 85356 Republic Owned
Avenal Cutoff Rd & Omaha Ave
Avenel. CA 92304
17900 Sheep Creek Rd
Phelan. CA 92371
8100 China Corona Rd.

Chino. CA 92880
6061 North Wheeler Ridge
Road Lamont. CA
503 East Santa Ana Ave
Source Separated
Recyclabtes, C&D,
Single Stream Recycling
Yard Waste/Food Waste
Republic Partnership Yard Waste/Food Waste
Republic Partnership Yard Waste/Food Waste
Republic Partnership Yard WastelFood Waste
Republic Partnership Yard Waste/Food Waste
Source Separated
Rialto, CA 92316 Republic Partnership Organics (Food Waste) 277 E Gretta Lane,
Anaheim CA 92806
17121 Nichols Lane
Huntington Beach, CA 92647
Republic Owned
Republic Owned
Disposal Facilities (Gray Container Waste and Residual Waste):

Frank R. Bowerman Landfill — Owner/Operator: OC Waste & Recycling - 11002 Bee Canyon Access Rd., Irvine, CA 92602 - SWIS: 30 -AB -0360
Olinda Alpha Landfill — Owner/Operator: OC Waste & Recycling - 1942 N. Valencia Ave., Brea, CA 92823 - SWIS: 30 -AB -0035
Prima Deshecha Landfill — Owner/Operator: OC Waste & Recycling - 32250 Avenida La Pata, San Juan Capistrano, CA 92675 - SWIS: 30 -AB -0019
D.FACILITY CAPACITY GUARANTEE:

Franchisee shall guarantee sufficient capacity over the Term of this Agreement to Transfer (if applicable), Transport, and Process all Source Separated Recyclable Materials, Food Waste, SSGCOW, and Mixed Waste Collected under this Agreement and to Transfer (if applicable), Transport, and Dispose all Gray Container 2021 Exclusive Franchise Agreement 92
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Waste Collected under this Agreement. Franchisee shall cause the Approved/Designated Facility(ies) to recover or Process the Discarded materials as appropriate; market the Source Separated Recyclable Materials, SSGCOW, Food Waste, and Mixed Waste recovered from such operations; and Dispose of Residue.

Franchisee shall cause Designated Facility(ies) for Disposal to Dispose of Gray Container Waste. Franchisee shall provide the County, upon request, with documentation demonstrating the availability of such Transfer (if applicable), Transport, Processing, and Disposal capacity as described below. 1) Franchisee or Affiliate is owner of Approved Facilities: County may request that Franchisee report aggregate Facility capacity committed to other entities through Franchisee's contracts.

County, or its agent, will have the right to seek verification of Franchisee's reported aggregate capacity through inspection of pertinent sections of Franchisee's contracts with such entities to determine the duration of Franchisee's commitment to accept materials from such entities and the type and volume of materials Franchisee is obligated to accept through the contracts. In addition, County, or its agent, will have the right to review Tonnage reports documenting the past three (3) years of Tonnage accepted at the Approved Facility(ies) by such entities. To the extent allowed by law, County, or its agent(s), agree to maintain the confidentiality of the information reviewed related to the individual contracts with other contracting entities and agree to review all related material at the Franchisee's office and will not retain any copies of review material. Franchisee will fully cooperate with the County's request and provide County and its agent(s) or access to Franchisee's records.
2) Franchisee's Subcontractor is the owner and/or operator of Approved Facilities: Upon County request, Franchisee shall demonstrate that such capacity is available and allocated to the County by provision of its agreement with the Approved Facility(ies) owner(s)/operator(s) (Subcontractor(s)) documenting the Subcontractor's guarantee to accept the Discarded Materials Franchisee delivers over the Term of this Agreement.

EOUIPMENT AND SUPPLIES:

Franchisee shall equip and operate the Approved Facilities in a manner to fulfill Franchisee's obligations under this Agreement and Applicable Law, including achieving all applicable standards for Landfill Disposal reduction, Recycling, recovery, Diversion, Residue amount and content, and final product quality standards.

Franchisee is solely responsible for the adequacy. Safety, and suitability of the Approved Facilities.

Franchisee shall modify, enhance, and/or improve the Approved Facilities as needed to fulfill service obligations under this Agreement, at no additional compensation from the County or Rates charged to Customers.

Franchisee shall provide all rolling stock, stationary equipment, material storage Containers, spare parts, maintenance supplies, Transfer, Transport, and Processing equipment, and other consumable as appropriate and necessary to operate the Approved Facilities and provide all services required by this Agreement.

Franchisee shall place the equipment in the charge of competent equipment operators. Franchisee shall repair and maintain all equipment at its own cost and expense.

FACILITY PERMITS:

Franchisee or Facility operator shall keep all existing permits and approvals necessary for use of the Approved Facility(ies), in full regulatory compliance. Franchisee, or Facility operator, shall, upon request, provide copies of permits or other approvals and/or notices of violation of permits to the County. 2021 Exclusive Franchise Agreement 93
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TRANSFER FACILITY:

At Franchisee's option, Franchisee may rely on a Transfer Facility and, in such case, shall Transport some or all Discarded Materials to an Approved Transfer Facility. At the Transfer Facility, Discarded Materials shall be unloaded from Collection vehicles and loaded into large -capacity vehicles and Transported to the Approved Facility(ies) for Processing or Disposal, as applicable for each type of Discarded Material, in a timely manner and in accordance with Applicable Law. Franchisee or Subcontractor shall perform the following pre -Processing activities at the Approved Transfer Facility.

If Franchisee delivers some or all Discarded Materials to a Transfer Facility, it shall receive assurances from Facility operator that Facility operator will Transport or arrange for Transport of the Discarded Materials to appropriate Approved Facility(ies) for Processing or Disposal, as applicable for each type of Discarded Material. In such case, Franchisee shall receive written documentation from the Facility operator(s) of the Facilities used for Processing and Disposal of Discarded Materials, as applicable for each type of Discarded Material. Franchisee shall pay all costs associated with Transport, Transfer, Processing, and/or Disposal of all Discarded Materials Collected in accordance with this Agreement, including marketing of recovered materials and Disposal of all Residue.

Franchisee shall comply with separate handling requirements described in this Appendix.

H.FRANCHISEE-INITIATED CHANGE IN FACILITY(IES):

Franchisee may change its selection of one or more of the Approved Facility(ies) following County Contract Administrator's written approval, which may be conditioned on various factors including, but not limited to:
the performance of the current versus proposed Facility, the permitting status of and LEA inspection records related to the proposed Facility, the distance of the Facility from the Franchisee Area, and any other factor that may reasonably degrade the value received by the County. If Franchisee elects to use a Facility(ies) that is(are) not listed on the then -current list of Approved Facility(ies) in this Appendix, it shall submit a written request for approval to the County thirty (30) days prior to the desired date to use the Facility and shall obtain the County's written approval prior to use of the Facility. Franchisee's compensation and Rates shall not be adjusted for a Franchisee -initiated change in Facilities.

I. NOTIFICATION OF EMERGENCY CONDITIONS:

Each Approved Facility shall notify the County of any unforeseen operational restrictions that have been imposed upon the Facility by a regulatory agency or any unforeseen equipment or operational failure that will temporarily prevent the Facility from Processing the Discarded Materials Collected under this Agreement. Franchisee shall notify the County in accordance with Section 5.7 of the Agreement.

APPROVED FACILITY UNAVAILABLE/UUSE OF ALTERNATIVE FACILITY:

If Franchisee is unable to use an Approved Facility due to a sudden unforeseen closure of the Facility or other emergency condition(s) described in this Franchisee Agreement, Franchisee may use an Alternative Facility provided that the Franchisee provides verbal and written notice to the County Contract Administrator and Director and receives written approval from the County Contract Administrator or Director at least twenty-four (24) hours prior to the use of an Alternative Facility to the extent reasonably practical given the nature of the emergency or sudden closure. The Franchisee's written notice shall include a description of the reasons the Approved Facility is not feasible and the period of time Franchisee proposes to use the Alternative Facility. As appropriate for the type of Discarded Materials to be delivered to the Alternative Facility, the Alternative Facility shall meet the applicable Facility standards in this Agreement and shall be sent to: (i) an allowable Facility, operation, or "Organic Waste Recovery Activity" as defined in 14 CCR Section 18982(a)(49) and not subsequently used in a manner deemed to constitute Landfill Disposal pursuant to 14 2021 Exclusive Franchise Agreement
94

ATTACHMENT 1 b

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CCR Section 18983.1(a); (ii) a High Diversion Organic Waste Processing Facility (for two- and one - Container systems and three- and three -plus Container systems in which Organics Waste, such as Food Waste, is allowed for Collection in the Gray Containers); (iii) a "Designated Source Separated Organic Waste Processing Facility" pursuant to 14 CCR Section 18982(a)(14.5) for Source Separated Recyclable Materials and SSGCOW (for Jurisdictions using the Performance -Based Compliance Approach per SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Article 17)); (iv) a Transfer Facility; or, (v) a Disposal Facility.

If Franchisee is interested in using a Facility or activity not listed above and not specifically identified in 14 CCR Section 18983.1(b), the Franchisee shall be responsible for securing the approvals from CalRecycle pursuant to 14 CCR Section 18983.2 that the Facility's Process or technology constitutes a reduction of Landfill Disposal pursuant to 14 CCR Section 18983.1(a) prior to the County's final approval of such Facility or activity.

If any Approved Facility specified in this Appendix becomes unavailable for use by Franchisee for Discarded Materials Collected in the County for a period of more than seven (7) days, County may designate an Alternative Facility pursuant to Section 4.13 of this Agreement. The Parties agree that an Approved Facility shall only be deemed to be "unavailable" if one or more of the following has occurred: (i) a Force Majeure event/Uncontrollable Circumstance as described in Section 11.2 of this Agreement has occurred; (ii) a Facility has lost one or more permits to operate; (iii) a Facility has exhibited a pattern of violation through the receipt of repeated notices of violation from one or more regulatory agencies. Further, the Parties agree that a Facility shall only be deemed to be "unavailable" if the lack of availability of the Facility is not due to Franchisee's negligence, illegal activity, neglect, or willful misconduct. At County's request, Franchisee shall research and propose Alternate Facility(ies) for the impacted Discarded Material(s), and shall submit a written analysis and recommendation to the County within seven (7) days concerning the cost for use of Alternative Facility(ies) and any logistical changes that would be required to utilize such Alternative Facility(ies). County and Franchisee will discuss the advantages and disadvantages of use of the potential Alternative Facility(ies) and County will designate the approved Alternative Facility(ies). The decision of the County shall be final. The change in Facility shall be treated as County -directed change in scope pursuant to Section 4.13 of this Agreement.

In the event an Approved Facility becomes unavailable due to the negligence, illegal activity, neglect, or willful misconduct of Franchisee, Franchisee shall bear all additional costs for use of an Alternative Facility including increased Processing costs, Disposal Costs, Transportation costs, Transfer costs, and all other costs.

The table listing Approved Facilities in this Appendix shall be modified accordingly to reflect the new County -Approved Facility(ies).

If Franchisee is not the owner of the new Approved Facility, Franchisee shall enter into a Subcontract agreement with the Facility operator of the Alternative Facility to require compliance with the requirements of Article 5 of this Agreement and this Appendix unless County Contract Administrator or Director waives one or more requirements.

DISCARDED MATERIALS MONITORING. WASTE EVALIJATION. AND CAPACITY MANNING REOUIRFMFNTS.

Franchisee shall conduct material sampling, sorting, and waste evaluations of various material streams as further described in this Appendix 1-E, Section AE. to meet or exceed SB 1383 Regulatory requirements.

Upon County request, the Franchisee shall also participate in capacity planning studies. The Franchisee acknowledges that the County is required by SB 1383 to coordinate Organic Waste and Edible Food Recovery capacity planning studies. The Company shall participate and/or provide information to the County as needed for the County's participation in such capacity planning studies. This information and/or participation may include, but is not limited to: conducting or supporting waste characterization studies; providing information regarding existing and potential new or expanded capacity in the Franchisee's 2021 Exclusive Franchise Agreement 95
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operations for the Collection, Transport, Transfer, or Processing of Source Separated Recyclable Materials and Source Separated Organic Materials; and, any other information deemed necessary by the County for purposes of the study. The Franchisee shall respond to requests for information or participation from the County within sixty (60) days, unless another timeframe is otherwise specified or authorized by the County.

COMPLIANCE WITH APPLICABLE LAW:

Franchisee (including its Affiliates and Subcontractors) warrants throughout the Term that the Approved Facilities are respectively authorized and permitted to accept Discarded Materials in accordance with Applicable Law and are in full compliance with Applicable Law.

RECORDS AND INVESTIGATIONS:

Franchisee shall maintain accurate records of the quantities of Discard Materials Transported to and Accepted at the Approved Facility(ies) and shall cooperate with County and any regulatory authority in any audits or investigations of such quantities.

N.INSPECTION AND INVESTIGATIONS:

An authorized County employee or agent shall be allowed to enter each Facility during normal working hours in order to conduct inspections and investigations in order to examine Facility operations; Processing activities; contamination monitoring; material sampling and sorting activities, including inspection of end - of -line materials after sorting; and records pertaining to the Facility in order to assess compliance with this Agreement, to understand protocols and results, and conduct investigations, if needed. Franchisee shall permit County or its agent to review or copy, or both, any paper, electronic, or other records required by County.

PROCESSING STANDARDS:
[INFORMATION TO BF, INCLUDED BASED ON PROPOSED PROCUSSING APPROACH RECOVERY REOUIRED:

Franchisee agrees to Transport and deliver all Source Separated Recyclable Materials, SSBCOW, SSGCOW, Mixed Waste Collected under this Agreement to an Approved Facility for Processing as applicable for each material type. Franchisee shall conduct Processing activities for all Source Separated Recyclable Materials, SSBCOW, SSGCOW, Mixed Waste, and C&D to recover Recyclable materials and Organic Waste to reduce Disposal. The Processing shall be performed in a manner that minimizes Disposal to the greatest extent practicable and complies with Applicable Law, including SB 1383 Regulations.

QS PARATE HANDLING REOUIRFMENTS:

1. Franchisee shall keep Source Separated Recyclable Materials, SSBCOW, SSGCOW, Mixed Waste separate from each other and separate from other any other material streams and shall Process the materials separately from each other.

2. Pursuant to 14 CCR Section 17409.5.6(a)(1), Remnant Organic Material separated from the Gray Container Waste for recovery can be combined with Organic Waste removed from the SSGCOW for recovery once the material from the SSGCOW has gone through the Organic Waste recovery measurement protocol described in 14 CCR Sections 17409.5.4 and 17409.5.5. 2021 Exclusive Franchise Agreement
96

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3. Pursuant to 14 CCR Section 17409.5.6(b) Organic Waste removed from Mixed Waste for recovery shall be:
a. Stored away from other activity areas in specified, clearly identifiable areas as described in the Facility Plan or Transfer/Processing Report (which are defined in 14 CCR); and, b. Removed from the Facility consistent with 14 CCR Section 17410.1 and either:
i. Transported only to another Facility or operation for additional Processing, composting, in -vessel digestion, or other recovery as specified in this Appendix 1-E, Section U; or,
ii. Used in a manner approved by local, State, and federal agencies having appropriate jurisdiction.

RESIDUE DISPOSAL;
Franchisee shall be responsible for Disposal of Residue from Processing activities at its own expense and shall use the Disposal Facility(ies) for such purpose.

S PROCESSING FACILITY RESIDUE GUARANTEES:

Upon request of the County, Franchisee shall provide a certified statement from the Facility operator documenting its Residue level. The Residue level shall be calculated separately for each material type and for each Approved Facility used for Recycling and Processing. The Residue level calculation method shall be reviewed and approved by the County.

SOURCE SEPARATED RECYCLABLE MATERIALS PROCESSING STANDARDS:

Franchisee shall arrange for Processing of all Source Separated Recyclable Materials at a Facility that recovers materials designated for Collection in the Blue Container and in a manner deemed not to constitute Landfill Disposal pursuant to 14 CCR Section 18983.1(a), which states that Landfill Disposal includes final deposition of Organic Waste which includes SSBCOW, at a Landfill or use of Organic Waste as Alternative Daily Cover (ADC) or Alternative Intermediate Cover (AIC), in alignment with AB 1594 and SB 1383, the Franchisee shall not use Organic Waste as ADC or AIC.

U.SSGCOW PROCESSING STANDARDS:

1. Franchisee shall arrange for Processing of all SSGCOW at a Facility that recovers Source Separated Organic Waste and in a manner deemed not to constitute Landfill Disposal pursuant to 14 CCR Section 18983.1(a) which states that Landfill Disposal includes final deposition of Organic Waste at a Landfill or use of Organic Waste as Alternative Daily Cover (ADC) or Alternative Intermediate Cover (AIC), in alignment with AB 1594 and SB 1383, the Franchisee shall not use Organic Waste as ADC or AIC.

2. Franchisee shall arrange for SSGCOW Processing at an Approved Organic Waste Processing Facility that meets one or more of the following criteria, and such Facility or operation is capable of and permitted to accept and recover the types of Organic Wastes included in the SSGCOW:
a. A "Compostable Material Handling Operation or Facility" as defined in 14 CCR Section 17852(a)(12); small composting facilities that are otherwise excluded from that definition; or Community Composting as defined in 14 CCR Section 18982(a)(8). The compostable materials handling operation or Facility shall, pursuant to 14 CCR Section 17867(a)(16), 2021 Exclusive Franchise Agreement 97
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Attachment 0
demonstrate that the percentage of Organic Waste in the materials sent to Disposal is:
i. On and after January 1, 2022, less than 20 percent (20%); and, ii. On and after January 1, 2024, less than 10 percent (10%). b. An "In -vessel Digestion Operation or Facility" as defined in 14 CCR Section 17896.5. The in -vessel digestion facility or operation shall, pursuant to 14 CCR Section 17896.44.1, demonstrate that the percentage of Organic Waste in the materials sent to Disposal is:
i. On and after January 1, 2022, less than 20 percent (20%); and, ii. On and after January 1, 2024, less than 10 percent (10%). c. A "Biomass Conversion Operation" as defined in Section 40106 of the California Public Resources Code.
d. Soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a Landfill, that is defined as a reduction in Landfill Disposal pursuant to 14 CCR Section 18983.1(b)(5).
e. Land application of compostable materials consistent with 14 CCR Section 17852(a)(24.5) and subject to the conditions in 14 CCR Section 18983.1(b)(6). f. Lawful use as animal feed, as set forth in California Food and Agricultural Code Section 14901 et seq. and Title 3, Division 4, Chapter 2, Subchapter 2 commencing with 14 CCR Article 1, Section 2675.
g.

Other operations or facilities with processes that reduce short-lived climate pollutants that are approved by the State in accordance with 14 CCR Section 18983.2.

If Franchisee is interested in using an operation, Facility, or activity not expressly identified above and not specifically identified in 14 CCR Section 18983.1(b) for SSGCOW Processing, Franchisee shall be responsible for securing the necessary approvals from CalRecycle, pursuant to 14 CCR Section 18983.2, that the Facility's Process or technology constitutes a reduction in Landfill Disposal pursuant to 14 CCR Section 18983.1(b)(8) prior to the County's final approval of such operation, Facility, or activity.

3. Preparation of Materials for Processing. The Franchisee shall be responsible for preparing materials for Processing at the Approved Organic Waste Processing Facility, which shall include, but is not limited to, removal of visible physical contaminants such as plastic, glass, metal, and chemicals prior to size reduction.

4. "Overs" Management. The County may require that at no cost to the County, the Franchisee conduct and provide County -specific Organic Waste Processing Residue and "overs" composition data to the County reflecting then -current conditions and using a sampling protocol acceptable to the County, in its reasonable discretion. In the event that the composition of "overs" includes appreciable quantities of Organic Waste, as determined by Franchisee's waste evaluation or visual assessment by the County, the Franchisee shall immediately inform the County Contract Administrator and propose a strategy for reducing the "overs" level. At the Franchisee's expense, Franchisee shall implement the "overs" management strategy within thirty (30) working days of County approval. Such a strategy may include having the Approved Organic Waste Processing Facility re -grind large woody "overs" (after removal of contaminants) and reintroduce the ground 2021 Exclusive Franchise Agreement 98
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"overs" into the composting process in order to increase the recovery of that material and reduce the Organic Waste contained in the materials sent to Disposal, or may include an alternative approach approved by the County.

5. Limits on Incompatible Materials in Recovered Organic Waste a. Limits. Except as described in this Appendix 1-E, Section U.5.c., Franchisee's Transfer/Processing Facility or operation shall only send offsite that Organic Waste recovered after Processing the SSGCOW that meets the following requirements or as otherwise specified in 14 CCR Section 17409.5.8(a):
i. On and after January 1, 2022 with no more than 20 percent (20%) of Incompatible Material by weight; and,
ii. On and after January 1, 2024 with no more than 10 percent (10%) of Incompatible Material by weight.
b. Measurement. Franchisee shall measure the actual levels of Incompatible Materials in accordance with procedures described in 14 CCR Section 17409.5.8(b). c. Exceptions. The limits in this Appendix 1-E, Section U.5.c., shall not apply to the recovered Organic Waste sent offsite from the Transfer/Processing Facility or operation, if the Franchisee sends the recovered Organic Waste from the Transfer/Processing Facility or operation to one or more of the following types of Facilities that will further Process the Organic Waste, or as otherwise specified in 14 CCR Section 17409.5.8(c):
i. A Transfer/Processing Facility or operation that complies with this Appendix 1- E, Section G.;
ii. A compostable materials handling facility or operation that, pursuant to 14 CCR Section 17867(a)(16), demonstrates that the percentage of Organic Waste in the materials sent to Disposal is:
(A) On and after January 1, 2022, less than 20 percent (20%); and, (B) On and after January 1, 2024, less than 10 percent (10%). iii. An in -vessel digestion Facility or operation that, pursuant to 14 CCR Section 17896.44.1, demonstrates that the percentage of Organic Waste in the materials sent to Disposal is:
(A) On and after January 1, 2022, less than 20 percent (20%); and, (B) On and after January 1, 2024, less than 10 percent (10%). iv. An activity that meets the definition of a recycling center as described in 14 CCR Section 17402.5(d).
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V.HIGH DIVERSION ORGANIC WASTE PROCFSSINf • F&CILITV RVOIJWFMENTS (ORGANICS IN GRAY CONTAINER):

1. Franchisee guarantees that the Approved High Diversion Organic Waste Processing Facility shall meet or exceed an annual average Mixed Waste organic content recovery rate of fifty (50) percent between January 1, 2022 and December 31, 2024, and seventy-five (75) percent after January 1, 2025, or as otherwise defined in 14 CCR Section 18982(a)(33), as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the Mixed Waste.

2. Franchisee guarantees that it will comply with the limits on incompatible materials in the recovered Organic Waste.

3. Franchisee shall conduct measurements on a quarterly basis to determine the Mixed Waste organic content recovery efficiency in accordance with 14 CCR Section 17409.5.1. Franchisee shall report the Organic Waste recovery efficiency measurement results to the County in accordance with Appendix 6 of the Agreement, and shall notify the County within thirty (30) days of conducting the quarterly measurement if the results are not in compliance with the Mixed Waste organic content recovery rate standards. If the quarterly average Mixed Waste organic content recovery rate is not in compliance with the standards, the County may assess Liquidated Damages in accordance with Section 9.3 of this Agreement.

4. If the Approved High Diversion Organic Waste Processing Facility has an annual average Mixed Waste organic content recovery rate that is lower than required in 14 CCR Section 18982(a)(33) for two (2) consecutive quarterly reporting periods or three (3) quarterly reporting periods within three (3) years, the Facility shall not qualify as a High Diversion Organic Waste Processing Facility pursuant to 14 CCR Section 18984.3(b). Franchisee shall be required to submit a corrective action plan to the County within thirty (30) days of determining such non-compliance identifying the steps to improve the Mixed Waste organic content recovery rate and the duration of time anticipated for the Facility to achieve compliance. Franchisee shall immediately commence with corrective actions subject to approval by the County and CalRecycle.

5. If County is not satisfied that the Franchisee can achieve and sustain the minimum required annual average Mixed Waste organic content recovery rate, or if the Franchisee has implemented its corrective action plan and failed to achieve the minimum required annual average Mixed Waste organic content recovery rate, the County shall have the right to direct use of an Alternative Facility in accordance with Section 4.13, and Franchisee shall incur all costs associated with use of the Alternative Facility including Transportation, Transfer, Processing, and Disposal. The County may assess Liquidated Damages in accordance with Section 9.3 of this Agreement and/or may deem this failure an event of default under Section 11.1 of this Agreement. If an Alternative Facility is not available within a commercially reasonable distance, Franchisee shall be required to implement, at no cost to the County and with no increase to Rates, an Organic Waste Collection system that will provide programmatic compliance with 14 CCR Division 7, Chapter 12, Article 3.

CONSTJUJCTION & DEMOLITION (C&D) PROGRAM STANDARDS:

1. Franchisee shall comply with the County's Construction and Demolition (C&D) Debris Diversion Program.

X..PLASTIC BAGS:

Franchisee shall annually submit to County written notice from the Approved Organic Waste Processing Facility confirming said Facility can remove plastic bags when Processing SSGCOW. 2021 Exclusive Franchise Agreement 100
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Y C OMPOSTABLE PLASTICS:

Franchisee shall accept Compostable Plastics at the Approved Organic Waste Processing Facility. Franchisee shall annually submit to County written notice from the Approved Organic Waste Processing Facility confirming said Facility can Process and recover these Compostable Plastics.

MARKETING:

Franchisee operating the Approved Facility(ies), shall be responsible for marketing materials recovered from Discarded Materials Collected under this Agreement. Franchisee's marketing methods for materials shall be performed in a manner that supports achievement of Disposal reductions and in such a manner that complies with State statutes, including, but not limited to, AB 901, AB 939, SB 1016, AB 341, AB 1594, AB 1826, and SB 1383, and corresponding regulations. Franchisee shall retain revenues resulting from the sale and marketing of said materials with the exception of the curbside supplemental payments and City/County payments under the California Beverage Container Recycling and Litter Reduction Act, which shall be retained by the County.

Upon request, Franchisee shall provide proof to the County that all Source Separated Recyclable Materials, SSGCOW, Mixed Waste, and C&D Collected by Franchisee were Processed and recovered materials were marketed for recovery, salvage, or Reuse or as organics products in such a manner that materials are not deemed Landfill Disposal pursuant to pursuant to 14 CCR Section 18983.1(a) and in a manner that materials are deemed Diversion pursuant to AB 939. All Residue from the Recycling and Processing activities that is not marketed shall be reported to the County as Residue and accounted for as Disposal Tonnage at the Designated Disposal Facility. No Source Separated Recyclable Materials, SSGCOW, Mixed Waste, or C&D shall be Transported to a domestic or foreign location if Landfill Disposal, as defined in 14 CCR Section 18983.1(a) of such material is its intended use. If Franchisee becomes aware that a broker or buyer has illegally handled, Disposed of, or used material generated in the County that is not consistent with Applicable Law, Franchisee shall immediately inform the County and terminate its contract or working relationship with such party. In such case, Franchisee shall find an alternative market for the material(s) recovered from the Source Separated Recyclable Materials, SSGCOW, and/or C&D that is compliant with Applicable Law.

The performance of commodity markets for materials recovered from Source Separated Recyclable Materials shall not be considered a reason for deeming a Facility "unavailable", nor shall it be considered an acceptable basis for the need to use an Alternative Facility, nor shall it serve as the basis for any adjustment in Franchisee's compensation under this Agreement.
2t2i. DISPOSAL OF SQITRCF, SFFARATED RECYCLABLE MATERIALS. SSGCOW. AND MIXED WASTE PROHIBITIED:

With the exception of Processing Residue, Source Separated Recyclable Materials, SSGCOW, or Mixed Waste Collected under this Agreement may not be Disposed of in lieu of Recycling, Processing, or marketing the material, without the expressed written approval of the County Contract Administrator or Director.

If for reasons beyond its reasonable control, Franchisee believes that it cannot avoid Disposal of the Source Separated Recyclable Materials, SSGCOW, or Mixed Waste Collected in the County, then it shall prepare a written request for County approval to Dispose of such material. Such request shall contain the basis for Franchisee's belief (including, but not limited to, supporting documentation), describe the Franchisee's efforts to arrange for the Processing of such material, the period required for such Disposal, and any additional information supporting the Franchisee's request.

In addition, the request shall describe the Franchisee's proposed interim plans for implementation while the 2021 Exclusive Franchise Agreement 101
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County is evaluating its request. If the County objects to the interim plans, the County shall provide written notice to the Franchisee and request an alternative arrangement. The County shall consider the Franchisee's request and inform Franchisee in writing of its decision within fourteen (14) days. Depending on the nature of the Franchisee's request, County may extend the fourteen (14) day period, at its own discretion, to provide more time for evaluation of the request and negotiation of an acceptable arrangement with the Franchisee.

AB. GRAY CONTAINER WASTE DISPOSAL STANDARD (WITHOUT ORGANIC WASTE):
1) Disposal of Gray Container Waste Collected. Franchisee shall Transport all Gray Container Waste Collected under this Agreement to the Designated Disposal Facility. 2) Disposal at Designated Facility. Franchisee shall not Dispose of Gray Container Waste or Residue by depositing it on any public or private land, in any river, stream, or other waterway, or in any sanitary sewer or storm drainage system or in any other manner which violates Applicable Laws.

AC. WEIGHING OF DISCARDED MATERIALS:
1) Maintenance and Operation. This Section AC. of Appendix 1-E applies to motor vehicle scales used at the Approved Facilities. Approved Facilities shall be equipped with one or more State -certified motor vehicle scales in accordance with Applicable Law. Upon request, Franchisee shall arrange for Facility operator to provide documentary evidence of such scale certification within ten (10) days of County's request during the Term. Licensed weigh master(s) shall operate those scales to weigh all inbound and outbound Collection vehicles Transporting Discarded Materials and all Transfer vehicles Transporting materials to another site. Franchisee shall arrange for Facility operator to provide County with access to weighing information at all times and copies thereof within three (3) Business Days following the County's request. Exceptions to weighing requirements are specified in this Appendix 1-E, Section AC.7. 2) Vehicle Tare Weights for Approved Facility(ies). Within thirty (30) days prior to the Commencement Date, Franchisee shall coordinate with the Facility operator(s) to ensure that all Collection vehicles used by Franchisee to Transport Discarded Materials to Approved Facilities are weighed to determine unloaded ("tare") weights. Franchisee shall work with Facility operator(s) to electronically record the tare weight, identify vehicle as Franchisee's, and provide a distinct vehicle identification number for each vehicle.

Franchisee shall provide County with a report listing the vehicle tare weight information upon request.

Franchisee shall promptly coordinate with Facility operator to weigh additional or replacement Collection vehicles prior to Franchisee placing them into service. Franchisee shall check tare weights at least annually, or within fourteen (14) days of a County request, and shall re -tare vehicles immediately after any major maintenance service that could impact the weight of the vehicle by more than fifty (50) pounds. 3) Substitute Scales. If any scale at an Approved Facility is inoperable, being tested, or otherwise unavailable, Facility operator shall use reasonable business efforts to weigh vehicles on the remaining operating scale(s). To the extent that all the scales are inoperable, being tested, or otherwise unavailable, Facility operator shall substitute portable scales until the permanent scales are replaced or repaired.

Facility operator shall arrange for any inoperable scale to be repaired as soon as possible. 4) Estimates. Pending substitution of portable scales or during power outages, Facility operator shall estimate the Tonnage of the Discarded Materials Transported to and accepted at the Approved Facilities by utilizing the arithmetic average of each vehicle's recorded Tons of Discarded Materials delivered on its preceding three (3) deliveries.

During any period of time the scales are out of service, Facility operator shall continue to record all information required by this Appendix 1-E, for each delivery of Discarded Materials to the Approved Facilities and each load of material Transferred to another Approved Facility(ies). 2021 Exclusive Franchise Agreement 102
ATTACHMENT 1 b

Attachment C
5) Weighing Standards and Procedures. At the Approved Facilities, Facility operator shall weigh and record inbound weights of all vehicles delivering Discarded Materials when the vehicles arrive at the Facility. In addition, Facility operator shall weigh and record outbound weights of vehicles for which Facility operator does not maintain tare weight information. Furthermore, Facility operator shall weigh and record outbound weights of all Transfer vehicles Transporting Discarded Materials from a Transfer Facility to another Approved Facility(ies) for Processing or Disposal. 6) Records. Facility operator shall maintain scale records and reports that provide information including date of receipt, inbound time, inbound and outbound weights (or tare weights) of vehicles, vehicle identification number, jurisdiction of origin of materials delivered, type of material, company/hauler identification, and classification, type, weight, and final destination of Discarded Material if the Discarded Materials are Transferred to another Approved Facility(ies). 7) Exceptions to Weighing Requirements. If an Approved Facility does not have motor vehicle scales to weigh Franchisee's vehicles and Discarded Materials delivered to the Facility, Franchisee shall obtain a receipt for delivery of the Discarded Materials that identifies the date and time of delivery, the type of material delivered, and the vehicle number. Franchisee or Facility operator shall estimate the Tonnage of material delivered for each load based on the volumetric capacity of the vehicle and material density factors (e.g., pounds per cubic yard) approved by or designated by the County Contract Administrator or Director.
8) Upon -Request Reporting. If vehicle receiving and unloading operations are recorded on video cameras at the Approved Facilities, Franchisee shall make those videos available for County review during the Approved Facilities' operating hours, upon request of the County, and shall provide the name of the driver of any particular load if available.

AD. REJECTION OF EXCLUDED W.4 STF
1) Inspection. Franchisee will use standard industry practices to detect and reject Excluded Waste in a uniform and non-discriminatory manner and will not knowingly accept Excluded Waste at the Approved Facility(ies). Franchisee will comply with the inspection procedure contained in its permit requirements.

Franchisee will promptly modify that procedure to reflect any changes in permits or Applicable Law. 2) Excluded Waste Handling and Costs. Franchisee will arrange for or provide handling, Transportation, and delivery to a Recycling, incineration, or a Disposal facility permitted in accordance with Applicable Law of all Excluded Waste detected at the Approved Facility(ies). Franchisee is solely responsible for making those arrangements or provisions and all costs thereof. Nothing in this Agreement will excuse the Franchisee from the responsibility of handling Excluded Wastes that Franchisee inadvertently accepts in a lawful manner and of arranging for the disposition of that Excluded Waste in accordance with Applicable Law.

AF... DISCARDED MATERIALS EVALUATIONS AT APPROVED FACH ITILt. 1) General. Franchisee shall conduct the following "evaluations" at Approved Facilities if required by Applicable Law referenced below:
a) Organic Waste Recovery Efficiency Evaluations. If applicable pursuant to 14 CCR Sections 17409.5.1 to 17409.5.5 and 17409.5.8, Franchisee shall conduct waste evaluations at Approved Transfer Facility (if applicable) or Approved Processing Facility(ies) in accordance with 14 CCR Sections 17409.5.1 to 17409.5.5 and 17409.5.8.
b) Evaluation of Organic Waste in Residuals. If applicable pursuant to 14 CCR Sections 17409.5.3, 17409.5.5, 17867, and/or 17896.44.1, Franchisee shall conduct compliance evaluations of Organic 2021 Exclusive Franchise Agreement 103
ATTACHMENT 1 b

Attachment C
Waste to determine the level of Organic Waste in materials sent for Disposal in accordance with 14 CCR Sections 17409.5.3 (transfer/processor for Mixed Waste), 17409.5.5 (transfer/processor for SSGCOW/SSBCOW), 17867 (Compost operations and facilities), and 17896.44.1 (In -vessel digestion operations and facilities).
2) Record Keeping and Reporting. For the evaluations described above, Franchisee shall maintain all records and submit reports to CalRecycle as described in 14 CCR Division 7, Chapter 3, Article 6.3; 14 CCR Division 7,Chapter 3.1, Article 8; and 14 CCR Division 7, Chapter 3.2, Article 4; and, 14 CCR Sections 18815.5 and 18815.7, as applicable. Franchisee shall report this information to the County on a monthly basis in accordance with Appendix 6.
3) Scheduling of Evaluations. Franchisee shall schedule evaluations during normal working hours.

Franchisee shall provide County notice of its intent to conduct evaluations at the Approved Facility(ies) at least fourteen (14) days in advance of the evaluations. 4) Observance of Study by County and/or CalRecycle. Franchisee acknowledges that, upon request, a representative of the County, the LEA, and/or CalRecycle may oversee its next scheduled quarterly sampling and evaluation of any of the evaluations described in this Appendix 1-E, conducted at the Approved Facility(ies).
2021 Exclusive Franchise Agreement 104
ATTACHMENT 1 b

Attachment C
APPENDIX 2-A

MAXIMUM RATES FOR RESIDENTIAL SERVICE
REPUBLIC SEi<v ICES

RESIDENTIAL CURBSIDE CART RATES AND SERVICE LEVELS
FRANCHISE AREA 2
Residential Curbside Rates*
Row
Service Level
Franchise
Area
2 Buena Park.

Placentia, aitd
Yorba Linda
Islands
1 Basic Service - # of Accts {l }
2 Senior Discount -10%
3 Extra Recycling Cart - # of Carts
4 Extra 0.., _ ... , Carl - # of Carts
5 Extra Waste Cart - # of Carts
6 Extra Bulky Item Pickup Above 3 per Year
7 Extra Pickup per Cart - Residential Accounts (2)
Other Services
9 Special access vehicle P6 (3)
10 Senior/Low Income Discount - Special access vehicle P6 (3) 11 Private Roads/Valet Service - Burro P6X(4)
12 2X a week Curbside Service
13 2X a week Walk -In Service
2021 Exclusive Franchise Agreement 105

25.98 23.38

6.08 3.89

3.53 75.00

75.00 ATTACHMENT 1 b

Attachment C
APPENDIX 2-B

MAXIMUM RATES FOR COMMERCIAL

MULTI -FAMILY AND COMMERCIAL BIN RATES
FRANCHISE AREA 2
Monthly Rates'
Ran
Service Level
Franchise
Area
2 Loma PM lc
Plactnd;
and YErha
Linda
Islands
2 CY Refuse 3m
1 lx/week
2 2xfweek
3 3x/week
4 4xfweek
5 Sxfweek
5xfweek
7 Extra Pickup
3 CY Refuse 3m
a lx/week
9 2x/week
10 3x/week
11 4x/week
12 5x/week
13 6x/week
14 Extra Pickup
4 CY Refuse 3m
15 lx/week
16 2K/week
17 3x/week
18 44week
19 5x/week
20 6x/week
21 Extra Pickup
Lc ked 3 CY Ruse Sm
22 1x/week
23 2x/week
24 3x/week
25 4xfweek
26 Sxf week
27 6xfweek
23 Extra Pickup
Larked 4 CY Refuse Sm
29 lx/week
30 24 week
31 3x/ eek
32 4xfweek
33 5xfweek
34 6x/week
3s Extra Pickup
2 CY Organics sin
�6
ix/week
37 24week
38 3x/week
39 44 week
40 5x/week
41 6x/week
42 Extra Pickup
�.tanmv Collection
4o- Specify Container Size_
$ 226__5
2902
$36329
431:16
490,
$27352
$36275
45199
$ 54}36
$623.62
392.96
$71654
$328.49
$440.07
55169
$66215
$76623
429.6&
20933
29852
$387.75
$476.99
56538
$ 648.62
417.96
$358.49
$465
576.69
$ 687:15
$79123
45#_68
14796
21185
273.63
$385.45
39729
499.09
44 Ix/week
45 2x f week
46 3x f week
47 4x f week
43 5x/week
49 6x/week
50 Extra Pickup
� r la i sicEac,Jia, r- ..od L -t. rxl y. AI ma.
malaise:LA amp
51 2021 Exclusive Franchise Agreement
N/A
N/A
N/A
N/A
N/A
N/A
N/A
106

ATTACHMENT 1 b

Attachment C

REPUBLIC SERVICES

MULTI -FAMILY AND COMMERCIAL CART RATES

AND SERVICE LEVELS
FRANCHISE AREA 2
Monthly CustonIer Rates*
Row
Service Level
65 -Gallon Organics Cart
1 lx/week
2 2x/week
3 3x/week
Any Size Refuse Cart
4 lx/week
5 2x/week
6 3x/week
7 4x/week
8 5x/week
9 6x/week
Any Size Recycling Cart
10 lx/week: Recycling Cart at no charge
2021 Exclusive Franchise Agreement
107

Franchise
Area
2 Buena Park,
Placentia,
and Yarba
Linda
Islands
$ 75.00
$113.20
$158.48
$ 59.92
$ 83.88
$117.44
$ 164.41
$ 230.18
$ 322.25
ATTACHMENT 1 b

Attachment C
APPENDIX 2-C

MAXIMUM RATES FOR SPECIAL SERVICES

REPUBLIC SERVICES

ROLL -OFF CONTAINER RATES
FRANCHISE AREA 2
Customer Rates
Row
Service Level
Monthly Customer Rates''
1 31-40 CY Ron -Off (Standru•ct)
2 Over 40 CY Roll -Off
.3 21-30 CY Compactor

REPUBLIC SERVICES
RATES FOR 4 1 n .i< tii t ICES
FRAIL to ,t AREA 2
Franchise
Area
2 Buena Park,
Placentia, and
Yorba Linda
Islands
$ 531.25
514.61
672.17
Rates Per Occurrence for Other _ (
Row
Service
Franchise
Area 2
Buena Park,
Placentia,
and Yorba
Linda Islands
1 Fin cleaning above ix yr per Section -I. �.L.
2021 Exclusive Franchise Agreement
108

$ 45.00
ATTACHMENT 1b

Attachment C
APPENDIX 3-A
EXAMPLE RATE ADJUSTMENT CALCULATION FOR 7/1/2022
Bureau of Labor Statistics
CPI for All Urban Consumers (CPI -U)
Original Data Value
Series Id: CUSR0000SEHG
Seasonally Adjusted
Series Title: Water and sewer and trash collection services in U.S.

Area: US_ city average
Item: Water and sewer and trash collection services
Base Period: DECEMBER 1997=100
Years: 2011 to 2021
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HALF1 HALF2 2011 175 680 176 822 177.543 178.119 178.706 179 304 179 862 180.111 181 475 181.794 182 370 183 219 2012 183 960 185 051 185 999 187 400 187921 189 068 189.776 191 422 191 777 192337 193.119 193 706 2013 194.548 195.060 195.671 196.180 196.872 197.503 198.145 198.366 198.742 199.822 200.186 200.661 2014 201.127 201.736 202.363 202.930 203.260 203.791 205.073 205.900 206.330 207.704 208.734 209.853 2015 210.090 210.901 211.468 211.987 212.729 213.299 213.906 215.560 216.143 216.550 217.124 217.742 2016 218.191 218.681 219.4-17 220.319 221.497 221.680 221.530 222.383 223.102 223.631 224.493 225.013 2017 226.207 226.972 227 350 227.896 228 482 228 825 229.171 229 639 230.173 230.855 231 607 232 094 2018 232 750 233 600 234 039 234 886 235.933 236.696 237 342 238 320 238 579 239.183 241825 242 425 2019 241 369 241 783 242 449 243 242 243.841 244536 245 090 245 421 246 009 246.979 247 373 247730 2020 248.614 249.552 250 214 250 450 251.016 251 671 252.546 253 826 254 378 254.992 255 628 256.572 2021 257.483 258.557
Average 252.455
Change in CPI 8.0154
Source: Bureau of Labor Statistics Generated on: March 24, 2021 (06:16:57 PM) 2021 Exclusive Franchise Agreement
109

ATTACHMENT 1 b

Attachment C
APPENDIX 3-B

EXAMPLE FRANCHISE FEE ADJUSTMENT CALCULATION
OC Waste & Recycling
Annual Exclusive Franchise Fee Adjustment
Effective July 1, 2020
SAMPLE
Month 1 (1 -(July 2018 -July 2019))
Month 2 (1 -(August 2018 - August 2019))
Month 3 (1 -(September 2018 - September 2019))
Month 4 (1 -(October 2018 - October 2019))
Month 5 (1 -(November 201 8 - November 2019))
Month 6 (1 -(December 2018 - December 2019))
Month 7 (1 -(January 2019 -January 2020))
Month 8 (1 -(February 2019 - February 2020))
Month 9 (1 -(March 2019 - March 2020))
Month 10 (1 -(April 2019 = April 2020))
Month 11 (1 -(May 2019 - May 2020))
Month 12 (1 -(June 2019 - June 2020))
Average
Franchise Fee
Effective
1-JuI-2020
Base Rate
$300,000.00
(A)

3.16%

2.88°10
2_91%

3.09%

3.13%

2.87°10

2.98%

3.25%

1.91%

0.69%

0.85°10

1.35%
2A2%
Average Change in Monthly CPI for Previous Increase
X ( 2.42% ) = $7,267.88
(B)
Franchise Fee
Effective
1 -Jul -2021
(A) + (B) = I $307,267.88 I
2021 Exclusive Franchise Agreement
1 110

ATTACHMENT 1 b

Attachment C
CPI for All Urban Consumers (CPI -Uy
Original Data Value
Series Id: CUURS49ASA0
Not Seasonally Adjusted
Series Title: AH items in Los Angeles -Long Beach -Anaheim, CA, all urban Area: Los Angeles -Long Beach -Anaheim, CA
Item: AH items
Base Period: 1982-84=100
Years: 2010 to 2020
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 72010
224.610 224.520 225.483 225.916 226.438 225.877 225.991 226.373 226.048 226.794 225.94-1 226.639 225.894 225.491 226.298 2011 228.652 229.729 232.241 233.319 233.367 232.328 231.303 231.833 233.022 233.049 232.731 231.567 231.928 231.605 232.251 2012 233441 234.537 236.941 236.866 237.032 236.025 235.776 237222 238.104 240.111 237.675 236.042 236.648 235.807 237488 2013 238.015 239.753 239.995 239.043 239.346 239.223 238.920 239.219 239.611 239.940 238.677 238.742 239.207 239.229 239.185 2014 239.857 241.059 242.451 242.437 243.362 243.528 243.727 243.556 243.623 243.341 241.753 240.475 242.434 242.122 242.746 2015 239.724 241.297 243.738 243.569 246.093 245.459 247.066 246.328 245.431 245.812 245.711 245.357 244.632 243.313 245.951 2016 247.155 247.113 247.873 248.368 249.554 249.789 249.784 249.700 250.145 251.098 250.185 250.189 249.246 248.309 250.184 2017 252373 253815 254.525 254.971 255.674 255275 256.023 256739 257890 258.883 259.135 259220 256210 254.439 257.982 2018 261.235 263.012 264.158 265.095 266.148 265.522 266.007 266.665 268.032 269.482 268.560 267.631 265.962 264.195 267.730 2019 269.468 269.508 271.311 273.945 274.479 274.380 274.682 274.579 276.054 278.075 277239 275.553 274.114 272.199 275.030 2020 277.755 278.657 276.589 275.853 276.842 278.121

3.1695 2.88% 2.91% 3.09% 3.13% 2.87%1

2.98% 3.2596 1.91% 0.69% 0.25% 1.35%
Average of 12 previous months Year over Year

2.42%
2021 Exclusive Franchise Agreement
111

ATTACHMENT 1 b

Attachment C
APPENDIX 4

IMPLEMENTATION AND COMPLIANCE PLAN

1. Confirm Implementation Team
a. Our municipal managers will administer the franchise and act as liaisons to the County.

Specific duties include working with County staff regarding contract administration, compliance and implementation.

2. Conduct Initial Scoping Session
a. Key transition team members will meet to review and outline all program requirements with County decision makers. The team will outline program objectives, key contractual requirements, timelines, and important milestones, as well as to assign specific responsibilities related thereto.

3. Discuss Procurement
a. Republic Services already has the vehicles needed to service the County. b. Containers for residential and commercial customers are already deployed in the service area.

Labeling of containers with accepted material type will be completed within the SB 1383 timeline.

Operationally, color -compliant carts and containers will be delivered to all customers according to SB1383 requirements and timeline.

4. Develop Routes
a. Our Operations Managers in Huntington Beach and Anaheim are responsible for the management of our current operations for the County. Our operations team has already taken safety hazards, security access, and geography into consideration to develop route structures and sheets. The team is constantly reviewing routes to improve efficiencies and put safety first.

5. Provide Community Communication and Education:
a. Site Visits: Republic's has recycling coordinators, who will be responsible for outreach, education, and completing assessments to establish proper recycling service levels. Commercial customers will be broken down into two -segments: multi -family and commercial businesses. Each commercial and multi -family customer will receive a tailored site assessment to establish services levels, container needs, and space restrictions.
b. Targeted Outreach: Initial outreach to AB341 and AB 1826 non-compliant Commercial and Multi- family customers will be emphasized to increase participation and diversion. SB 1383 compliance will be achieved through robust education and outreach. c. Marketing Collateral: Republic has a full marketing department creating and producing materials for the program. We will roll out an initial mailer to describe the new programs followed by an annual newsletter. Newsletters and mailers will be provided to each residence describing what material type can be placed in which containers.

6. Ongoing Compliance
a. Residential Three -cart System: Residential compliance with existing and emergent regulations is gained primarily through a three -cart system and the distribution of new carts that are appropriately colored and labeled, as well as the inclusion of food waste with yard waste in the green/organics cart. b. Tracking: Customer data will be collected through a combination of interactive applications, Republic's website, toll free and local numbers for customers, the Company's waste representatives, and mail -back programs.
c. Driver Feedback: We will use collection drivers' notes on contamination levels to identify potential training opportunities and provide businesses easy tips and pointers to reduce contamination. d. Route Reviews and Audits: The results of the reviews and audits will be collected in a central data base and be made available to the County of Orange for reporting purposes. Out of compliance customers will be provided with additional education materials. e. Reporting: Republic Services provides annual reporting as required by SB 1383. 2021 Exclusive Franchise Agreement
112

ATTACHMENT 1 b

Attachment C
APPENDIX 5

OUTREACH AND EDUCATION PLAN
Implementation of SB 1383 will require a comprehensive education and outreach program. Republic supplies the necessary tools (proper containers) and resources (educational outreach, customer access to information, technical assistance and training) to its customers. We also perform monitoring activities and provide reporting.

Our Commercial Approach
Our Huntington Beach and Anaheim Divisions already service multifamily and commercial businesses in the Unincorporated Franchise Areas 2 (Yorba Linda, Placentia and Buena Park), 4 (Fountain Valley) and 7-A (John Wayne Airport). We will provide the following services to meet legislative requirements for AB 939, AB 341, AB 1826, and SB 1383:

1. Field Staff: Customer engagement and diversion objectives will be the ongoing focus of Republic's recycling coordinators who will be charged with spending time in the field working with customers. This approach will assist the County in its move towards zero waste by:
a. Increasing recycling participation rates from program outset and improving them over the term of the Agreement through a focused understanding of the operations of various business types and create internal programs that shape external results.
b. Ensuring communications, outreach, training, and education regarding zero waste, waste reduction and prevention, reuse, and recycling are easy to understand. c. Create a sustainable program to support its customers in making logistical decisions concerning management of discarded materials from the time the Agreement is signed through the entire term to achieve and sustain program momentum and results.

2. Initial Site Visits and Assessments: Recycling Coordinators will target businesses that generate a high volume of organics material and will work in phases to maximize business participation and recycling performance. d. Businesses will receive an introductory letter describing the organics program, state regulations, and need for compliance/ implementation.
e. During the initial site visit, our recycling coordinators will recommend an organics collection service level and formalize next steps for cart or container delivery and service implementation. When performing the site visit, the recycling coordinator will assess businesses on a case-by-case basis to create an individualized program that is tailored to each business. They will use an audit form to accumulate all data from site visits and provides a brief summary report that can be provided to the customer.
f. For sit-down restaurants, outreach staff will focus on back -of -house collection and help train kitchen staff, bussers, and dishwasher staff to place materials in the correct container. g. For cafeterias, and fast-food style restaurants, our staff will address both back -of house and front -of - house collection to see if there are opportunities for adding proper signage or additional containers, as well as if the business could use compostable products to help prevent contamination. a. Following up with onsite business contacts in a timely manner is essential when launching a new collection service. After the containers are delivered and all training has been performed, the recycling coordinator will follow up with the business manager to review progress and provide additional educational support or resources as needed, including photos of contamination if applicable.

3. Multi -Family Education: Includes presentations and handouts on the importance of sorting properly and describing what materials go where.
a. Multi -Family Service Guide
b. Collection Point Posters
c. Meetings with Property Manager

4. Commercial Education: Compliance with State regulations will be the focus for this program along with maintaining clean recycling loads.
a. Commercial Service Guide: Contains information on proper sorting for trash, recycle, organics, as well as additional services available for proper disposal of hazardous material, hard -to -recycle material, and large project waste solutions.
2021 Exclusive Franchise Agreement
113

ATTACHMENT 1 b

Attachment C
b. Posters, Stickers, Flyers
c. Organics educational materials will highlight specific materials accepted in the program, such as clean food scraps, green waste, approved compostable paper products including cutlery and service -ware. d. Commercial Newsletter: Prepared and distributed on an annual basis. e. Waste Audits and Recycling Technical Assistance.
f. Presentations to Business Organizations.
g. Special Events: Republic will arrange for and staff a booth or table at County events to promote and distribute educational materials to promote source reduction, reuse, recycling, and composting, and to answer questions about collection services.

5. Monitoring: Republic will review lists of affected generators to ensure they are subscribing to and participating in the commercial programs. We will also identify and notify businesses that are not in compliance, as well as provide the proper technical assistance to ensure they have recycling and comply with the ordinance. All customer interactions and results will be tracked in a database.

6. Corrective Action Notices (Oops Tags): Increase the resolution of contamination issues by notifying customers in writing with a corrective action notice, declining to service contaminated containers, and imposing charges to customers for excessive contamination.

7. Reporting: Our team will be assigned to work within the County. Data will be handled through our internal systems and shared with the County.

8. Enforcement: Republic will identify businesses that are out of compliance and provide technical assistance efforts to recycle. If the business chooses not to comply, Republic will work with the County to develop appropriate solutions and potential enforcement to maintain and increase diversion and compliance over the contract term. Commercial businesses will be required to participate in recycling programs to support AB341 and AB 1826. Staff will work with the businesses to right size their disposal.

9. Commercial and Multi -Family Compliance: Compliance is gained through personalized outreach and recycling technical assistance to optimize recycling and service levels generally, and the implementation of a properly signed and colored three -container system. Republic will offer solid waste, recycling, and organic collection services with a variety of container sizes and service frequencies to meet multi -family and commercial community needs, up to six days per week. Collections in the following container sizes: 35, 65, and 95 -gallon cart; 2 to 3 cu. yards bins, and 10, 30, and 40 cu. yard roll off boxes; and 15, 20, 30, and 40 cu. yard roll off compactor receiver boxes for recyclable materials, trash, and green waste.

10. Ongoing Support: Republic recognizes that to maintain a successful organics collection program, it is essential to provide ongoing feedback and assistance. Therefore, Republic will contact commercial organics participants annually thereafter or as needed to address staff turnover and provide educational refreshers. Additionally, all outreach materials will be readily accessible on Republic's Orange County unincorporated website.

Our Single Family Approach
Republic Services recognizes the importance of aligning outreach plans and goals with the County of Orange to increase diversion and support the County's diversion goals for single family residents as well. Below is a list of tasks that Republic Services will accomplish to meet these goals.

1. Field Staff: Republic's recycling coordinators will be charged with spending time coordinating single family education and outreach activities as listed below.

2. Single Family Education and Outreach
a. Residential Services Guide: Outlines proper sorting of material for disposal with both text and images, proper handling of universal and hazardous wastes, proper cart set -out procedures collection schedule, holiday collection schedule, and additional resources for customers. b. Residential Newsletters. Annually distributed to inform residents about collection and waste reduction programs and as well as educational and topical issues. c. Community Event Notifications: Promoting seasonal community events, including neighborhood clean-up events, Christmas tree collection, and other collection events. d. Educational presentations to homeowner associations/HOA e. Posters and Informational Displays: Posters may be made available to post at local venues and community meeting places, such as libraries and community centers, to help educate public on collection and diversion initiatives.

3. Ongoing Outreach
a. Community/Compost Workshops: Republic will attend community workshops as an invited guest to promote and explain the collection and diversion programs. 2021 Exclusive Franchise Agreement
114

ATTACHMENT 1 b

Attachment C
b. Community Events: Republic will be involved in the community through County -sponsored, civic, and business events and activities.
c. School Education Programs: Available online with K-12 curriculum. d. Website: Available 24/7 on the web.
i. Republic Services website: Users can enter their address in order to receive information specific to them, including detailed explanation of programs and services available, and the ability to schedule pick-up, change service, or to identify the correct contact person within Republic Services for services requests.
ii. County Specific website: The website will be built and maintained specifically for the County of Orange, where County -specific content will be available, including a description of general services provided, Republic contact information, and hours of operation. The website will link to the County's webpage.
iii. Recycling Simplified website: Information and informative videos by material type are posted at RecyclingSimplified.com, along with a full recycling curriculum for grades pre -kindergarten through 12, developed for Republic by educators.

4. Education and Outreach Activity Schedule: The following schedule summarizes Republic's primary education and outreach activities.

Sample Outreach Materials
Item
New Program Guide
Annual Newsletters
Franchisee Website
Information "How To" Video
Billing Inserts
Corrective Action Tag Notice
Educational Presentations
Education Booths
Large Venue Events
Print Materials
Multimedia Resources
Meetings with Property
Managers & HOA's
Waste Audits
Residential
0 •
0 •
0 •
0 •
0 0
MF & Comm
0 0
1 0
0 •
0 •
0 0
0 0
•
Frequency
One-time, direct mail
Annually -include information about waste reduction
programs
24/7 — "How -To" information educational links
Ongoing — video educating on new programs &
services available
Quarterly — To provide additional information on
required mandates
As needed — Driver to directly communicate
contamination issues
As needed — Host community events to emphasize
and educate residents and businesses
As needed — at County events to promote & distribute
proper handling of recyclable materials
As needed — Recycling Coordinators will provide
assistance to provide input on waste station placement
Upon request — Posters, stickers, brochures for
customer education
Ongoing — Recycling Simplified links for multimedia
outreach
As needed — Meeting to assess services needed and
implement new programs
Annually & as needed — Waste characterizations
offered by Recycling Coordinators to identify
recyclable material generated on site
Technical Assistance
0 Ongoing & upon request — To monitor recycling &
organics bins for continued participation of new
programs
2021 Exclusive Franchise Agreement
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Sample Cart/Bin Labels
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2021 Exclusive Franchise Agreement
Sample Commercial Cart/Bin Food Waste Label
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Sample Special Events Flyer
116

477—
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Attachment C
APPENDIX 6

RECORD KEEPING AND REPORTING
A. GENERAL
Franchisee shall maintain such accounting, statistical, and other records related to its performance under this Agreement as shall be necessary to develop the reports required by this Agreement or Orange County Code. Franchisee agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with applicable laws and regulations and to meet the reporting and Discarded Materials Collection, Processing, and Disposal program management needs of the County. At the written direction or approval of County, the records and reports to be maintained and provided by Franchisee in accordance with this Appendix and other Articles of the Agreement may be adjusted in number, format, and frequency, if required to comply with State or federal regulatory or reporting requirements.

Information from Franchisee's records and reports can be used to, among other things:
• Determine and set Rates and evaluate the financial efficacy of operations; • Evaluate past and expected progress toward achieving the Franchisee's Landfill Disposal reduction or goals and objectives;
• Provide concise and comprehensive program information and metrics for use in fulfilling reporting requirements under Applicable Law;
• Determine needs for adjustment to programs;
• Evaluate Customer service and Complaints; and,
• Determine Customer compliance with AB 341, AB 1826, and SB 1383 statutes and corresponding regulations; and, any subsequent State -mandated Landfill Disposal reduction, Recycling, recovery, or Diversion statutes, regulations, or other requirements.

B. RECORD KEEPING
1) General. Franchisee shall maintain Customer contact data, Customer service, accounting, statistical, operational, and other records related to its performance as shall be necessary to provide reporting required by this Agreement and Applicable Law and to demonstrate compliance with this Agreement and Applicable Law (such as, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, and SB 1383 statutes and corresponding regulations).

Record keeping and reporting requirements specified in this Agreement shall not be considered a comprehensive list of reporting requirements. In particular, this Appendix 6 is intended to highlight the general nature of records and reports and their minimum content and is not meant to comprehensively define the scope and content of the records and reports that Franchisee is required to maintain and report by Applicable Law or this Agreement. Upon written direction or approval of County, the records and reports required by Franchisee in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency.

Franchisee shall maintain adequate records, and corresponding documentation, of information required by Sections C and D of this Appendix, such that the Franchisee is able to produce accurate monthly and annual reports and is able to provide records to verify such reports. Franchisee will make these records available and provide to the County any record or documentation necessary for the County to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, and SB 1383 statutes and corresponding regulations; and, other current or future federal, State, or local statutes and regulations, as amended. Upon request by the County, Franchisee shall provide access to Franchisee's requested records in a timely manner, not to exceed five (5) Business Days from the time of County's request to Franchisee. 2) Record Retention and Security. Records shall be maintained in forms and by methods that facilitate flexible use 2021 Exclusive Franchise Agreement
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of data contained in them to structure reports, as needed, pursuant to this Appendix. Franchisee's records shall be stored in one central location, physical or electronic, that can be readily accessed by Franchisee. County reserves the right to require the Franchisee to maintain the records required herein through the use of a County -selected web - based software platform, at Franchisee's expense. Unless otherwise required in this Appendix, Franchisee shall retain all records and data required to be maintained by this Agreement for the Term of this Agreement plus five (5) years after its expiration or earlier termination.

Records and data shall be in chronological and organized form and readily and easily interpreted. Franchisee shall maintain adequate record security to preserve records from events that can be reasonably anticipated such as a fire, theft, and an earthquake. Electronically maintained data and records shall be protected and backed -up. To the extent that Franchisee utilizes its computer systems to comply with record keeping and reporting requirements under this Agreement, Franchisee shall, on a monthly basis, save all system -generated reports supporting those record keeping and reporting requirements in a static format in order to provide an audit trail for all data required. 3) Maintenance of Financial and Operational Records. Franchisee shall maintain financial and operational records in accordance with Section 9.4.
4) CERCLA Defense Records. Franchisee shall maintain data retention and preservation systems which can establish where Solid Waste Collected in the County was landfilled (and therefore establish where it was not landfilled) and provide a summary copy of the reports required in Appendix 6, Section E for not less than five (5) years following the termination of this Agreement, and agrees to notify County Director before destroying such records thereafter.

At any time, including after the expiration of the Term hereto, Franchisee shall provide copies of such records to County in the form required by County, which may be in an electronic format. Franchisee shall continue to retain records for five (5) years after the term during which Collection services are to be provided pursuant to this Agreement. Franchisee agrees to notify the County's Risk Manager and the County Attorney at least ninety (90) days before destroying such records. The requirements of this section shall survive the expiration of the Term of this Agreement.
5) Compilation of Information for State Law Purposes. Franchisee shall maintain accurate records for its operation, including, but not limited to, Discarded Materials quantities Collected and quantities Transported to or Transferred to each Approved/Designated Facility, listed separately by material type, Customer type, and Facility. Records shall be maintained in such form by methods that facilitate the use of data for the production of reports as needed.

Franchisee will make these records available and provide to the County any record or documentation necessary for the County to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, AB 1595, and SB 1383 statutes and corresponding regulations; and, other current or future local, federal or State statutes and regulations, as amended.

C. Audits and Inspection by County
At a mutually agreed upon time during normal business hours, but within five (5) work days of a written request, Franchisee shall make available to the County for examination at reasonable locations within the County the Franchisee's data and records with respect to the matters covered by this Agreement and the Orange County Code.

Franchisee shall permit the County, or its designee, to audit, examine, and make excerpts or transcripts from such data and records, and make audits of all data relating to all matters covered by this Agreement and the Orange County Code.

Franchisee shall maintain such data and records in an accessible location and condition for a period of not less than five (5) years following the County's receipt of final payment under this Agreement unless the County agrees in writing to an earlier disposition. The County, or its designee, shall maintain the confidentiality of the Franchisee's Customer list and other proprietary information, to the extent allowed by law.

D. Reporting - General
1) General Purpose. Reports are intended to compile recorded data into useful forms of information that can be used by the County. All reports shall be adequate to meet County's current and future reporting requirements to CalRecycle, including but not limited to AB 939, AB 341, AB 1826, and SB 1383 statutes and corresponding regulations, or any other State or federal agency statutes and regulations throughout the Term of this Agreement. 2021 Exclusive Franchise Agreement
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2) Failure to Report. Failure of Franchisee to comply with the reporting requirements as set forth in this Section may result in an assessment of Liquidated Damages in accordance with the Liquidated Damages provision in Section

9.3 of this Agreement. Franchisee's repeated failure to submit reports, and/or failure to submit reports on time, may be deemed an event of default and may result in the termination of the Agreement at the discretion of the County Contract Administrator or Director, in accordance with Section 11.1 of this Agreement. 3) Report Format
County shall provide to Franchisee the format for each report submittal not later than thirty (30) days prior to the due date for such report. If County fails to specify the format as required, Franchisee shall use the report format specified for the prior reporting period.
4) Submittal Process. All reports shall be submitted to the County, or as directed by the County Contract Administrator or Director. Reports shall be submitted electronically via email or uploaded to a document sharing platform agreed upon by the Parties. County reserves the right to require the Franchisee to maintain records and submit the reports required herein through use of a County -selected web -based software platform, at the Franchisee's expense.

Monthly reports shall be submitted within fifteen (15) days after the end of the reporting month; and annual reports shall be submitted within forty-five (45) days after the end of the reporting year.

E. Reporting - Monthly Reports
Monthly reports shall be submitted by Franchisee to County and shall include the following information pertaining to the most recently -completed calendar month. In addition, each monthly report shall include a year-to-date summary page that includes the data submitted from the monthly report(s) submitted in the calendar year prior to the submittal of the current monthly report. Franchisee shall report the information included in the following subsections. 1) Tonnage Report
a. Franchisee shall report the total quantities in Tons of Discarded Materials Collected, Transferred, Processed, and Disposed by the Franchisee, all of which shall be based on actual certified scale weights for each load, if available, or similarly accurate methodology pursuant to weighing protocols in Section AC of Appendix 1-E.

Tonnage shall be reported separately by:
i. Material type, which shall include, at a minimum, separate reporting of Source Separated Recyclable Materials, SSGCOW, Mixed Waste, Gray Container Waste, and any other type of Discarded Material separately Collected by Franchisee (including, but not limited to: Bulky Items, dirt, rock, metals, cardboard, wood waste, Reusable Items, Salvageable Materials, etc.); ii. Customer/sector type (Single -Family, Multi -family, Commercial Roll -off); and, iii. Approved Facility and Facility type.
b. Report Residue level and Tonnage for all Discarded Materials processed, listed separately by material type Collected and Approved Facility(ies) used.
c. Source Separated Recyclable Materials Tonnage Marketed, by commodity, and including average commodity value for each, and Processing Residue Tonnage Disposed, listed separately by material type Collected and Approved Facility(ies) used.
d. Documentation of all Discarded Materials exported out of State, as provided in 14 CCR Sections 18800 through 18813.
e. A summary of abandoned materials incidents, including: total number of incidents, the address of each incident, and a copy of all abandoned materials reports submitted to the County pursuant to Section 6.12 of this Agreement.
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2) Collection and Subscription Report
a. Number of Containers at each Service Level by Customer Type and program, including:
i. A summary of the total gallons of Cart service, cubic yards of Bin service, and pulls; and cubic yards or Tons of Drop Box and Compactor service by Customer Type. ii. Calculation of the average volume of service received per: Single -Family Dwelling Unit (separately identifying Dwelling Units in a duplex, triplex, or fourplex); Multi -Family Dwelling Unit; and, Commercial Customer.
b. A summary of Customer subscription data, including the number of accounts; the number of Customers subscribing to each Cart, Bin, and Roll -Off Service Level listed separately for Single -Family, Multi -Family, and Commercial and separately for each type of Discarded Material; and the number of Bulky Items Collections performed.
c. List of all Commercial and Multi -Family Customers with a Gray Container Waste or Mixed Waste Service Level of two (2) cubic yards of service capacity per week or more. Such list shall include each such Customer's service address and Gray Container Waste, Mixed Waste, Source Separated Recyclable Materials, and SSGCOW Service Levels.
d. Number of Bulky Item/Reusable Materials Collection events by Customer Type. 3) Contamination Monitoring Report
Option 1: Hauler Route Reviews
The Franchisee shall submit the following information regarding contamination monitoring Hauler Route reviews conducted pursuant to Section 5.6 of this Agreement:
a. The number of Hauler Route reviews conducted pursuant to Section 5.6 of this Agreement; b. Description of the Franchisee's process for determining the level of contamination; c. Summary report of non -Collection notices, and courtesy Collection notices issued, which for each notice shall include the date of issuance, Customer name, and service address. d. A record of each inspection and contamination incident, which shall include, at a minimum - Name of the Customer
ii. Address of the Customer
iii. The date the contaminated Container was observed
iv. The staff who conducted the inspection
v. The total number of violations found and a description of what action was taken for each vi. Copies of all notices issued to Generators with Prohibited Container Contaminants vii. Any photographic documentation or supporting evidence. e. Documentation of the total number of Containers Disposed of due to observation of Prohibited Container Contaminants;
f. Any other information reasonably requested by the County or specified in contamination monitoring provisions of this Agreement.

Option 2: Waste Evaluations
The Franchisee shall submit the following information regarding waste evaluations conducted pursuant to Section 2021 Exclusive Franchise Agreement
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5.6 of this Agreement:
a. A description of the Franchisee's process for conducting waste evaluations. b. Documentation of the results of the waste evaluation studies, including information on and the number of targeted Hauler Route reviews conducted as a result of the waste evaluations. The documentation shall at a minimum include: dates of the studies; the location of the Facility where the study was performed; Hauler Routes from which samples were collected, and number of Generators on those Hauler Routes; the source sector (Customer type) of the material (Single -Family, Multi -Family, or Commercial); number of samples collected; total sample size (in pounds); weight of Prohibited Container Contaminants (in pounds); ratio of Prohibited Container Contaminants to total sample size; and, any photographic documentation taken or other physical evidence gathered during the process
c. Copies of all notices issued to Generators with Prohibited Container Contaminants. d. Documentation of the number of loads or Containers where the contents were Disposed due to observation of Prohibited Container Contaminants, including the total weight of material disposed, and proof of consent from the County to dispose of such material if given in a form other than this Agreement. e. Any other information reasonably requested by the County or specified in contamination monitoring provisions of this Agreement.
4) Customer Service Report
a. Number of Customer calls listed separately by complaints and inquiries (where inquiries include requests for service information, Rate information, etc.). For Complaints, list the number of calls separately by category (e.g., missed pickups, scheduled cleanups, billing concerns, damage claims). These complaints and inquiries shall be documented and reported separately from SB 1383 Regulatory non-compliance complaints or other regulatory non-compliance complaints.
b. Number of missed or incomplete Collections reported in total, and per one thousand (1,000) Service Opportunities in the County, presented in a graph format, which compares total missed Collections in the County during the current report period to total missed Collections in the County in past reporting periods. c. Number of new service requests for each Customer type and requested service(s). d. Franchisee shall maintain a record of all SB 1383 Regulatory non-compliance complaints and responses pursuant to Section 9.2 of this Agreement and submit the following information:
i. Total number of complaints received and total number of complaints investigated ii. Copies of documentation recorded for each complaint received, which shall at a minimum include the following information:
a. The complaint as received;
b. The name and contact information of the complainant, if the complaint is not submitted anonymously;
c. The identity of the alleged violator, if known;
d. A description of the alleged violation; including location(s) and all other relevant facts known to the complainant;
e. Any relevant photographic or documentary evidence submitted to support the allegations in the complaint; and,
f. The identity of any witnesses, if known.
iii. Copies of all complaint reports submitted to the County, pursuant to Section 9.2 of this Agreement. iv. Copies of all investigation reports submitted to the County pursuant to Section 9.2 of this Agreement, which shall include at a minimum.
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a. The complaint as received;
b. The date the Franchisee investigated the complaint;
c. Documentation of the findings of the investigation;
d. Any photographic or other evidence collected during the investigation; and, e. Franchisee's recommendation to the County on whether or not the entity investigated is in violation of SB 1383 Regulations based on the Franchisee's investigation. 5) Education Program Report
The monthly status of activities identified in the annual public education plan described in Appendix 5 of this Agreement.
6) Discarded Materials Evaluation Reports
In accordance with Appendix 1-E, Franchisee shall provide reports of evaluations of Discarded Materials conducted at Approved Facilities.

F. Annual Reports
In addition to the monthly reporting requirements in this Appendix 6, the Franchisee shall provide an Annual Report, covering the most recently -completed calendar year, in accordance with the format and submittal requirements of this Appendix. The Annual Report shall include the information in the following subsections. 1) Collection and Subscription Report
a. A summary of all data provided in the Tonnage report and Diversion report sections, including quarterly and annual totals and averages.
b. The type(s) of Collection service(s) provided, a list of all Hauler Routes serviced, and a record of the addresses served on each Hauler Route.
c. A summary of Customer subscription data, including the number of accounts; the total number of Generators enrolled with Franchisee for service, listed separately by service level and Container type (Cart, Bin, and Roll - Off service), separately by Single -Family, Multi -Family, and Commercial Customers, and separately for each type of Discarded Material; and the number of Bulky Items Collections performed. d. A detailed list of Single -Family, Multi -Family, and Commercial Customer information, including Gray Container Waste, Mixed Waste, Source Separated Recyclable Materials, and SSGCOW Service Levels, Customer type, and Customer service addresses reflecting Customer Service Levels as of December 1 (for the year in which the report is submitted).
2) Public Education and Outreach Report
a. A copy of all education and outreach materials provided to Generators, or otherwise used for education and outreach efforts in accordance with Section 7.4 of the Agreement, including, but not limited to: flyers, brochures, newsletters, invoice messaging/billing inserts, and website and social media postings. b. A record of the date and to whom the information was disseminated, or direct contact made, in the form of a list that includes: the Generator's name or account name, the type of education or outreach received; the distribution date, and the method of distribution.
c. The number of Organic Waste Generators and Commercial Edible Food Generators that received information and the type of education and outreach used.
d. For any mass distribution through mailings or bill inserts, the Franchisee shall maintain a record of the date, a copy of the information distributed, and the type and number of accounts that received the information. 2021 Exclusive Franchise Agreement
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e. A copy of electronic media, including the dates posted of: social media posts, e-mail communications, or other electronic messages.
f. A summary of the status of the annual education plan of the reporting year, including activities conducted and the quantitative and/or qualitative results of those activities.

The annual public education plan required by Section 7.4 of the Agreement shall be submitted to the County at least sixty (60) days prior to January 1 of each Contract Year. g.
h. Franchisee shall maintain a record of all technical assistance efforts conducted pursuant to Section 7.5 of the Agreement, including:
i. The name and address of the Customer/Generator receiving technical assistance, and account number, if applicable.
ii. The date of any technical assistance conducted and the type of technical assistance, including, but not limited to: waste assessments, compliance assessments, direct outreach, workshops, meetings, events, and follow-up communications.
iii. A copy of any written or electronic educational materials distributed during the technical assistance process.
3) Compliance Monitoring and Enforcement Report
a. A summary of the total number of SB 1383 Regulatory non-compliance complaints that were received and investigated, and the number of Notices of Violation issued based on investigation of those complaints, in accordance with Section 9.2 of the Agreement.
b. The total number of Hauler Route reviews conducted pursuant to Section 5.6 of the Agreement. c. The number of inspections conducted by type for Commercial Edible Food Generators, and Commercial Businesses.
d. A copy of written and/or electronic records and documentation for all audits, studies, compliance reviews, and all other inspections conducted pursuant to Section 5.6 of the Agreement. e. The number of Commercial Businesses that were included in a compliance review performed by the Franchisee per Section 7.7(B), and the number of violations found and corrected through compliance reviews; including a list with each Generator's name or account name, address, and Generator type. f. The total number of Notices of Violation issued, categorized by type of Generator. g. The number of violations that were resolved, categorized by type of Generator. h. Copies of all Notices of Violation and educational materials issued to non-compliant Generators. 4) Food Recovery Program Support
a. The total number of Generators classified as Tier One and Tier Two Commercial Edible Food Generators located within the Franchise Area.
b. The number of Food Recovery Services and Food Recovery Organizations located and operating within the County that contract or have written agreements with Commercial Edible Food Generators for Food Recovery. c. The number of Generators participating in the Edible Food recovery program, as described in Section 7.6 of the Agreement.
d. Option: Franchisee participates in Collection of Edible Food: Documentation of the total pounds of Edible Food recovered in the previous calendar year, a list of partner Food Recovery Organizations or Food Recovery Services that recovered the Edible Food, and copies of donation weight logs, Food Recovery contracts and written agreements, and any other documentation of donation or transportation activities between the Franchisee and the Food Recovery Organization or Food Recovery Service. e. Option: Franchisee provides financial support directly to the organizations; Documentation of any financial 2021 Exclusive Franchise Agreement
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support given by the Franchisee directly to Food Recovery Organizations or Food Recovery Services, including receipts, invoices, or other documentation relevant to the type of support provided. f. Option: If Franchisee supports the County's Edible Food Recovery capacity planning or compliance reviews:

The results of the quarterly or other frequency examinations of Hauler Routes to identify Commercial Edible Food Generators with food recovery and donation opportunities, pursuant to Section 6.5 of the Agreement. The findings shall include the number of Commercial Edible Food Generator Customers participating in a food recovery program, the number of Commercial Edible Food Generator Customers not participating in a Food Recovery program, and the reasons for participation or non -participation if gathered during the review. 5) Vehicle and Equipment Inventory

1. A list of all vehicles used in performing services under this Agreement including the license plate number, VIN, make, model, model year, purchase date, engine overhaul/rebuild date (if applicable), and mileage at December 31.

2. If applicable, the name, physical location, and contact information of each entity, operation, or facility from whom the RNG was procured.

3. If applicable, the total amount of RNG procured by the Franchisee for use in Franchisee vehicles, in diesel gallon equivalents (DGE), including copies of any receipts, invoices, or other similar documentation evidencing procurement. In addition to the amount procured, Franchisee shall include the total amount actually used in Franchisee vehicles in the calendar year, if these values are different. 6) Customer Revenue Report
Provide a statement detailing gross receipts from all operations conducted or permitted pursuant to this Agreement in accordance with Article 10 of this Agreement.

G. Additional Reports
1) Upon Incident Reporting. County reserves the right to request additional reports or documents in the case of unforeseen events or additional requirements imposed upon the County. The Franchisee shall provide the requested reports, documents, or information within ten (10) Business Days upon receipt of the request or within a timeframe determined by the County Contract Administrator, which shall not to exceed ten (10) days. 2) AB 901 Reporting. At County's option, County may require that Franchisee provide the County copies of Franchisee's AB 901 reports on a regular basis or within ten (10) Business Days of the request. 3) Facility Capacity Planning Information. County may require Franchisee to provide County with information of available Organic Waste Processing capacity for any Approved Processing Facilities, where available capacity may include identification of monthly Tons of additional Organic Waste such Approved Facilities have the ability to receive within permitted limits. Franchisee shall respond to County within 60 days of County's request for information regarding available new or expanded capacity, and, at County's option, may be required to submit reports on a more regular basis. If Franchisee uses a Subcontractor to perform some or all of the Facility -related services required by this Agreement, Franchisee shall secure any County -requested Facility capacity planning information from its Subcontractor(s). The annual Facility capacity planning report shall comply with the following:
a. Include reports of current throughput and permitted capacity and available capacity for SSBCOW and SSGCOW Processing for any Facility in the County that processes SSBCOW and/or SSGCOW. Existing capacity may include identification of monthly Tons of additional Source Separated Recyclable Materials, SSGCOW, SSBCOW, and/or Mixed Waste capacity such Facility has the ability to receive within permitted limits.
b. Include description of potential new or expanded Processing capacity at those Facilities, operations, and activities for Processing of SSBCOW and/or Organic Materials, including information about throughput and permitted capacity necessary for planning purposes.
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c. Be submitted using a form or format approved by the County Contract Administrator.

H. Customized Reports.

County reserves the right to request Franchisee to prepare and provide customized reports from records Franchisee is required to maintain. The Franchisee shall provide any reports required by this Agreement in a format requested by the County. The Franchisee shall upload data and reports using the required data management tool or software requested by the County.
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APPENDIX 7

FRANCHISE AREA SPECIFIC PROGRAMS
A. RESIDENTIAL COMPOST GIVEAWAY
Franchisee shall conduct a compost give-away event annually at no additional charge. Compost will be pre - bagged in one -yard bags or mutually agreed upon by the County and Franchisee. 2021 Exclusive Franchise Agreement
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