AMENDMENT TO THE SERVICES AGREEMENT FOR REFUSE/RECYCLING COLLECTION AND DISPOSAL
BETWEEN THE CITY OF RIALTO AND
BURRTEC WASTE INDUSTRIES, INC.
FOR THE COLLECTION AND HANDLING OF SOLID WASTE, RECYCLABLES, AND ORGANIC WASTE This Third Amendment to the Exclusive Franchise Agreement for the Collection and Handling of Solid Waste, Recyclables, and Organic Waste (the “Third Amendment”) is made and entered into this ____ day of _______, 2023 (the “Effective Date”), by and between the CITY OF RIALTO, a municipal corporation of the State of California (the “CITY”) and BURRTEC WASTE INDUSTRIES, INC., a California corporation, (“CONTRACTOR”). CITY and CONTRACTOR are collectively referred to as the “Parties.”
RECITALS
WHEREAS, the CITY and CONTRACTOR’s predecessor in interest, EDCO Disposal Corporation previously entered into that certain Exclusive Franchise Agreement for Refuse/Recycling Collection and Disposal dated April 16, 1996 (the “Agreement”); and, WHEREAS, on March 19, 2002, City and Contractor entered into that certain Amendment No. 1 to the Agreement (the “First Amendment”); and, WHEREAS, on June 11, 2013, City and Contractor entered into that certain Amendment No. 2 to the Agreement (the “Second Amendment”); and, WHEREAS, EDCO Disposal Corporation subsequently assigned its rights, benefits, and interest in the Agreement to Contractor pursuant to that certain Assignment Assumption and Consent Agreement dated October 1, 2009 (the “Assignment”); and, WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code Section 40000, et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and, WHEREAS, the State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing Disposal capacity and interest in minimizing potential environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of AB 939 and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction in Landfill Disposal and to maximize the use of feasible waste reduction, Reuse, Recycling, and composting options in order to reduce the amount of material that must be Disposed; and, WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste facilities, and other entities to support achievement of State-wide Organic Waste Disposal reduction targets; and WHEREAS, SB 1383 Regulations require the CITY to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the CITY has chosen to delegate some of its responsibilities to the Contractor, acting as the CITY’s designee, and Contractor desires to take on these responsibilities; and WHEREAS, CITY and CONTRACTOR desire to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and agreements contained herein, the Parties do hereby agree as follows:
DEFINITIONS. The following definitions are added to the Agreement, and/or amended as set forth herein, as applicable. Definitions otherwise contained in the Agreement and/or any previous amendment(s), but which are not addressed below, shall remain the same.
Black Container has the same meaning as Gray Container and shall be used for the purpose of storage and collection of Black Container Waste.
Blue Container has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
Brown Container has the same meaning as in 14 CCR Section 18982.2(a)(5.5) and shall be used for the purpose of storage and collection of source separated Food Waste pursuant to 14 CCR Section 18984.1(6)(A).
California Code of Regulations or CCR means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR refers to Title 14 of CCR).
CalRecycle means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions and other regulated entities).
Collect or Collection means Solid Waste, Recyclables, Food Waste and Organic Waste pickups made by CONTRACTOR as required by and in accordance with the provisions of this Agreement.
Commercial Edible Food Generators includes Tier One or Tier Two Commercial Edible Food Generators as defined in 14 CCR Section 18982(a)(73) and a(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.
Compostable Plastics or Compostable Plastic means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.
Diversion or Divert means activities which reduce or eliminate discarded materials from disposal, including, but not limited to, source reduction, Reuse, salvage, Recycling, and composting.
Edible Food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.
Excluded Waste means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in the City’s, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose CONTRACTOR or CITY to potential liability: but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
Facility(ies) means any plant, site, or operation used for the purpose of handling discarded materials, including, but not limited to, disposal, transfer, recycling, composting, and processing facilities or operations.
Food Recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
Food Recovery Organization means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety Code; A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and, A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Agreement and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement.
Food Recovery Service means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Food-Soiled Paper means compostable paper material that has come in contact with food or liquid, such as, but not limited to, napkins and pizza boxes.
Food Waste has the same meaning as Rialto Municipal Code Section 8.08.110, and is further defined to mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Waste excludes fats, oils, liquids, and grease when such materials are Source Separated from other Food Waste. With respect to Single Family and Multi-Family Residential Dwellings Food Waste is a subset of Source Separated Green Container Organic Waste. Edible Food separated for Food Recovery shall not be considered Food Waste.
Generator means the person or entity that is responsible for the initial creation of waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
Gray Container or (Black Container) has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and Collection of Gray Container Waste. The lid or body of a container may be black and shall have the same meaning as Gray Container.
Gray Container Waste or (Black Container Waste) means Solid Waste that is collected in a Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Gray Container Waste may specifically include carpet, Non-Compostable Paper and textiles.
Green Container has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of SSGCOW.
Hauler Route(s) means the designated itinerary or sequence of stops for each segment of the CITY’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
Large Event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Agreement.
Large Venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Agreement.
Non-Compostable Paper includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
Non-Organic Recyclables means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
Organic Waste means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
Paper Products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).
Printing and Writing Papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).
Processing means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).
Prohibited Container Contaminants means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in the Brown Container that are not identified as acceptable Source Separated Food Waste for the City’s Brown Container; (iii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City’s Green Container; (iv) Discarded Materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials, Source Separated Food Waste and/or Source Separated Green Container Organic Wastes to be placed in the City’s Green Container, Brown Container, and/or Blue Container; and (v) Excluded Waste placed in any Container.
Recycle or Recycling means the process of Collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.
Reuse or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2).
SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
SB 1383 Regulations or “SB 1383 Regulatory” means or refers to, for the purposes of this Agreement, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
SB 619 means Senate Bill 619 of 2021 approved by the Governor on October 5, 2021, which amended Section 42652.5 of the Public Resource Code, authorizing the department, notwithstanding the regulations, to establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations.
Service Level refers to the number and size of a Customer’s Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc.
Source Separated means materials, including commingled Recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for Recycling or Reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement, Source Separated shall include separation of materials by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of Collection and processing.
Source Separated Blue Container Organic Waste means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
Source Separated Brown Container Food Waste means Source Separated Food Waste that can be placed in a Brown Container.
Source Separated Green Container Organic Waste means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
Source Separated Recyclable Materials means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.
Tier One Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following:
Supermarket.
Grocery Store with a total facility size equal to or greater than 10,000 square feet.
Food Service Provider.
Food Distributor.
Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement.
Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following:
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
Hotel with an on-site food facility and 200 or more rooms.
Health facility with an on-site food facility and 100 or more beds.
Large Venue.
Large Event.
A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
A local education agency with an on-site food facility.
Waste Evaluations means sampling waste from hauler routes as specified in 14 CCR Section 18984.©).
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement.
COLLECTION SYSTEM “Collection System” is added to the Agreement, and/or amended as set forth herein, as applicable:
General. CONTRACTOR shall provide an approved Collection program for the separate Collection of Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, Source Separated Brown Container Food Waste, and Gray Container Waste as specified in this Agreement, using Containers that comply with the requirements of this Agreement, SB 619, and SB 1383 Regulations. CONTRACTOR shall perform site assessments as needed to determine service level needs, and modify collection routes as required. CONTRACTOR shall not knowingly Collect Blue, Green, Brown or Gray Containers that include an excess of twenty-five percent (25%) by weight of Prohibited Container Contaminants. Prohibited Container Contaminant tolerance as a percentage may be modified upon mutual agreement between CITY and CONTRACTOR.
Source Separated Recyclable Materials Collection (Blue Container). CONTRACTOR shall provide Blue Containers to all Customers required to subscribe to the Collection of Source Separated Recyclable Materials and shall provide Source Separated Recyclable Materials Collection service. CONTRACTOR shall transport the Source Separated Recyclable Materials to a Facility that recovers the materials designated for Collection in the Blue Containers, in accordance with the SB 1383 Regulations.
Source Separated Green Container Organic Waste Collection (Green Container). CONTRACTOR shall provide Green Containers to all Customers required to subscribe to the Collection of Source Separated Green Container Organic Waste and shall provide Source Separated Green Container Organic Waste Collection service. CONTRACTOR shall Transport the Source Separated Green Container Organic Waste to a Facility in accordance with SB 1383 Regulations.
CONTRACTOR may Collect plastic bags in the Green Containers. If the CONTRACTOR elects to Collect plastic bags in the Green Container, then CONTRACTOR shall provide annual written notification to the CITY that the Facility has and will continue to have the capabilities to recover and/or process plastics bags. If the Facility cannot recover and/or process plastic bags, then CONTRACTOR will not Collect plastic bags in the Green Container.
Source Separated Brown Container Food Waste Collection (Brown Container). CONTRACTOR may provide Brown Containers to all commercial Customers required to subscribe to the Collection of Source Separated Food Waste and shall provide Source Separated Food Waste Collection service to said customers. CONTRACTOR shall transport Source Separated Food Waste to a Facility in accordance with SB 1383 Regulations.
Gray Container Waste Collection. CONTRACTOR shall provide Gray Containers to Customers for Collection of Gray Container Waste and shall provide Gray Container Waste Collection service. CONTRACTOR shall transport the Gray Container Waste to a Facility in accordance with the SB 1383 Regulations. CONTRACTOR may allow carpets and textiles to be placed in the Gray Containers.
ROLL-OUT DATE. CONTRACTOR shall provide the CITY a recommendation for a Customer waiver of some or all of the collection streams, OR distribute to Customers the collection containers, in accordance with Section 2 of the Third Amendment by January 1, 2024 in accordance with the CITY’s Notice of Intent to Comply as filed with the State agency.
ORGANIC WASTE AND RECYCLABLE MATERIAL CAPACITY GUARANTEE. “Organic Waste and Recyclable Material Capacity Guarantee” is added to the Agreement, and/or amended as set forth herein, as applicable:
Annually, For Facilities owned or operated by CONTRACTOR or an affiliate of CONTRACTOR, CONTRACTOR shall provide written notification to the CITY that the Facility has the capability to recover and/or process Organic Waste. CITY shall not implement or enforce an ordinance, policy, procedure, permit condition, or initiative that prohibits the lawful processing of Organic Waste pursuant to 14 CCR Section 18990.1(b) USE OF PLASTIC BAGS FOR FOOD WASTE COLLECTION IN GREEN CONTAINERS. “Use of Plastic Bags for Food Waste Collection in Green Containers” is added to the Agreement, and/or amended as set forth herein, as applicable:
CONTRACTOR may require Customers and Generators to place Food Waste in plastic bags, compostable bags, or other paper wrappings and put the bagged or wrapped Food Waste in the Green Container. CONTRACTOR shall provide written notification to the CITY that allowing the use of bags does not inhibit the ability of the CITY to comply with SB 1383 Regulations, and that the Facility can remove and/or process plastic bags when it recovers Source Separated Green Container Organic Waste. CONTRACTOR shall provide annual written notification to the CITY that the Facility has and will continue to have the capabilities to remove and process plastic bags when it recovers Source Separated Green Container Organic Waste.” CONTAMINATION MONITORING. “Contamination Monitoring” is added to the Agreement, and/or amended as set forth herein, as applicable:
Contamination Monitoring
A. Actions upon Identification of Prohibited Container Contaminants.
Upon finding Prohibited Container Contaminants in a Container, CONTRACTOR shall follow the protocols set forth in this Section. i. Record Keeping. The driver or other CONTRACTOR representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system including date, time, Customer’s address, type of Container (Blue, Green, Brown or Gray Container); and maintain photographic evidence, when possible. ii. Contamination Notices. Upon identification of Prohibited Container Contaminants in a Customer’s Container, CONTRACTOR shall provide the Customer a contamination notice. The contamination notification shall: (i) inform the Customer of the observed presence of Prohibited Container Contaminants; (ii) include the date and time the Prohibited Container Contaminants were observed; (iii) include information on the Customer’s requirement to properly Source Separate materials into the appropriate Containers, and the accepted and prohibited materials for Collection in the Blue Container, Brown Container, Green Container, and/or Gray Container; (iv) inform the Customer of the courtesy pick-up of the contaminated materials on this occasion with information for subsequent instances of Prohibited Container Contaminants, CONTRACTOR may assess contamination processing fees; and, (v) CONTRACTOR may include photographic evidence. CONTRACTOR shall leave the contamination notice attached to or adhered to the Customer’s contaminated Containers; at the premises’ door or gate; or, may deliver the notice by mail, e-mail, text message, or other electronic message. iii. Notice of Assessment of Contamination Processing Fees. If the CONTRACTOR observes Prohibited Container Contaminants in a Customer’s Container on more than two occasions within a six-month time period and issued contamination notices on each of those occasions, the CONTRACTOR may impose a contamination processing fee pursuant to fees and rates approved by resolution of CITY Council on the third or subsequent instance of contamination. CONTRACTOR shall notify the CITY in its monthly report to CITY of Customers for which Contamination Processing fees were assessed. CONTRACTOR shall leave a Contamination Processing fee notice attached to or adhered to the Customer’s contaminated Container(s); at the premises door or gate; or, deliver the notice by mail, e-mail, text message, or other electronic message. The Contamination Processing fee notice shall identify the prohibited material(s), explain how to prevent future violations, and indicate that the Customer will be charged a contamination Processing fee on the next solid waste bill. The format of the contamination Processing fee notice shall be approved by the CITY. iv. Disposal of Contaminated Materials. If the CONTRACTOR observes Prohibited Container Contaminants in a Customer’s Container(s), CONTRACTOR may dispose of the Container’s contents, provided CONTRACTOR complies with the noticing requirements in subsection iii. above.” ROUTE REVIEWS AND WASTE EVALUATIONS. “Route Reviews and Waste Evaluations” is added to the Agreement, and/or amended as set forth herein, as applicable:
Route Reviews and Waste Evaluations:
CONTRACTOR shall meet its SB 1383 Regulations contamination monitoring requirements using Route Reviews or Waste Evaluations. i. Route Reviews
aa. If CONTRACTOR elects to perform Route Reviews, CONTRACTOR shall, conduct Hauler Route reviews for Prohibited Container Contaminants in Collection Containers in a manner that is deemed safe by the CONTRACTOR; is approved by CITY; is conducted in a manner that results in all Hauler Routes being reviewed annually, in an amount not less than the quantity specified in the calculations used to determine the Compliance Fee and is consistent and in accordance with SB 1383 Regulations and 14 CCR Section 18984.5(b). Containers may be randomly selected along the Hauler Route. This Section should not be construed to require that every container on a Hauler Route must be sampled annually. CONTRACTOR may prioritize the inspection of Customers that are more likely to be out of compliance.
Each inspection shall involve lifting the Container lid and observing the contents, but shall not require CONTRACTOR to disturb the contents or open any bags. CONTRACTOR may select the Containers to be inspected at random, or (if mutually agreed with City) by any other method not prohibited under the SB 1383 Regulations. For the avoidance of doubt, CONTRACTOR shall not be required to annually inspect every Container on a Hauler Route. CONTRACTOR shall include the results of each Route Review in its next regularly scheduled report to City. bb. Upon finding Prohibited Container Contaminants in the Container, CONTRACTOR shall follow the contamination monitoring noticing procedures as described herein. ii. Waste Evaluations
If CONTRACTOR elects to perform Waste Evaluations, CONTRACTOR shall conduct waste evaluations that comply with and meet the requirements of 14 CCR Section 18984.5(c). CITY maintains the right to observe, or hire a third party CONTRACTOR to observe the waste evaluations. aa. Sampling Method, Study Protocols. CONTRACTOR shall conduct waste evaluations for Prohibited Container Contaminants by sampling the contents of Containers on Hauler Routes in the following manner:
CONTRACTOR shall conduct waste evaluations at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR Section 18984.5(c).
CONTRACTOR’s waste evaluations shall include samples of Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Gray Container Waste.
The waste evaluations shall include samples from each Container type served by the CONTRACTOR and shall include samples taken from different areas in the CITY that are representative of the CITY’s waste stream.
The waste evaluations shall include at least the minimum number of samples required specified in SB 1383 Regulations.
The CONTRACTOR shall transport all of the material collected for sampling to a sorting area at a permitted solid waste facility where the presence of Prohibited Container Contaminants for each Container type shall be measured to determine the ratio of Prohibited Container Contaminants present in each material stream by weight. To determine the ratio of Prohibited Container Contaminants, the CONTRACTOR shall use protocols established in accordance with the SB 1383 regulations. bb. Contamination Response. If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the CONTRACTOR shall within fifteen (15) working days of the waste evaluation, notify all Customers on the sampled Hauler Route of their requirement to properly source separate materials into the appropriate Containers. CONTRACTOR may provide this information by placing a written notice on the Customer’s Containers or the gate or door of the premises; and/or by mail, email, or electronic message to the Generators. The format of the warning notice shall be approved by the CITY. cc. Material Exceptions. Organic Waste that is textiles, carpet, hazardous wood waste, human waste, pet waste, or material(s) subject to a quarantine of movement issued by a County agricultural commissioner is not required to be measured as Organic Waste when calculating the amount of Organic Waste present in the Gray Container Waste. iii. Recordkeeping Requirements.
CONTRACTOR shall maintain all applicable route review and waste evaluation records required under SB 1383 Regulations, and report to the CITY on contamination monitoring activities, route reviews and/or waste evaluations, and actions taken.
ALTERNATIVE METHODS. “Alternative Methods” is added to the Agreement, and/or amended as set forth herein, as applicable:
Nothing in this Agreement shall prohibit the CONTRACTOR from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, its Regulations, and/or any other applicable law, as may be amended from time to time and as approved in writing by the CITY. Any cost savings related to changes in operations shall be reflected in the Annual Rate Adjustment described in Section 3 of the Agreement.
EDUCATION AND OUTREACH. “Education and Outreach” is added to the Agreement, and/or amended as set forth herein, as applicable:
Public Education.
CONTRACTOR shall, create applicable education materials and conduct education programs and activities as provided by and in accordance with the SB 1383 Regulations. CONTRACTOR shall provide educational material by mail or electronically to customers providing information consistent with 14 CCR Section 18985. For illustrative purposes, such materials may include information concerning proper Recycling, the use of Containers for Organic Waste and commercial Food Waste, composting, preventing Contamination, and proper container placement. Updated educational materials shall be prepared and submitted to CITY Manager for approval. CONTRACTOR shall perform the recordkeeping requirements related to its compliance with education and outreach requirements under 14 CCR Section 18985.3. CITY shall perform the record keeping requirements related to its education and outreach efforts. CONTRACTOR shall cooperate and coordinate with the CITY on public education activities.
CONTRACTOR shall provide recycling coordinator resources to perform the following Commercial and Multi-Family Customer outreach activities on a quarterly basis.
Task
Minimum Number of related actions taken
Phone Calls
20 In-Person Site Visits (i.e. customer contact)
40 ii. Food Recovery Listings.
The CONTRACTOR and CITY shall coordinate, maintain and annually update a list of Food Recovery Organizations and Food Recovery Services operating within the CITY, maintain the list on the CONTRACTOR’s website, and share the list with the CITY so the CITY can post the list on the CITY’s website. The list shall include, at a minimum, the following information about each Food Recovery Organization and Food Recovery Service:
Name and physical address;
Contact information;
Collection service area; and
An indication of the types of Edible Food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery. iii. Commercial Edible Food Generator Outreach
At least annually, the CONTRACTOR shall provide Commercial Edible Food Generators with the following information:
Information about the CITY’s Edible Food Recovery program; Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10; Information about Food Recovery Organizations and Food Recovery Services operating within the CITY, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and Information about actions Commercial Edible Food Generators can take to reduce and prevent the creation of Food Waste. iv. Method of Delivery.
The CONTRACTOR may provide the information required above by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to Commercial Businesses.
CONTRACTOR shall also post and maintain a web page or web pages that include copies of such educational material as is provided, including organic waste recovery information and edible food donation program information on its website.” BILLING AND ENROLLMENT “Billing and Enrollment” is added to the Agreement, and/or amended as set forth herein, as applicable:
Contamination Processing Fees.
Any contamination Processing fees to be assessed upon a Customer account shall be included and itemized on the Customer’s invoice for the billing period in which the CONTRACTOR notified the Customer of the assessment of the contamination processing fee.” Enrollment Assistance
CITY requires that Customers subscribe to organic waste collection services. CONTRACTOR shall assist the CITY in ensuring that the subscription of Customers to Collection services occurs in a timely and efficient manner. CONTRACTOR shall maintain records and provide reports necessary for the CITY to verify the subscription of Customers.
GENERATOR WAIVER AND ALTERNATIVE COMPLIANCE PROGRAM COORDINATION. “Generator Waiver Program Coordination” is added to the Agreement, and/or amended as set forth herein, as applicable:
i. General.
In accordance with SB 1383 Regulations and Section 8.08.530 of the CITY’s Municipal Code, CITY may grant waivers from organic waste collection services to eligible Commercial waste generators from organic waste collection services. Waivers issued shall be subject to compliance with Section 8.08.530 of the CITY’s Municipal Code.
CONTRACTOR shall also perform site visits or phone calls to verify and evaluate whether businesses opting to self-haul organics are doing so. ii. Requests Submitted to CONTRACTOR.
Waste generators may submit requests for waivers to the CONTRACTOR. CONTRACTOR shall be responsible for the distribution, collection and evaluation of waiver applications as appropriate and provide CITY a recommendation to accept or reject waiver requests. CONTRACTOR shall review the generator’s waiver application and inspect the generator’s premises as needed to verify the accuracy of the application. CONTRACTOR shall provide documentation of the review in its recommendation to approve or deny the waiver request. CITY ultimately retains the right to approve or deny any application, regardless of the CONTRACTOR’s recommendation and will process the approval or denial as required by SB 1383 requirements. CONTRACTOR shall report information regarding waivers reviewed to the CITY. iii. CONTRACTOR Change in Customer Service Levels.
When the CITY grants a waiver to a generator, CITY shall notify the CONTRACTOR within ten (10) business days of the waiver approval with pertinent Customer information and any changes to the Subscription, Service Level or Collection service requirements for the Customer. CONTRACTOR shall have five (5) business days to modify the Customer’s Collection Service Level and billing statement, as needed. iv. Reverification of Waivers.
CONTRACTOR shall conduct such reverifications of waivers and review applicable records at least once every five (5) years for de minimis and physical space constraint waivers. CONTRACTOR shall maintain a record of each waiver verification and provide a report to the CITY documenting the waiver reverifications performed and recommendations to CITY on those waivers that CONTRACTOR concludes are no longer warranted. The CITY shall make a final determination of the waiver eligibility of those generators.” INSPECTION AND ENFORCEMENT. “Inspection and Enforcement” is added to the Agreement, and/or amended as set forth herein, as applicable:
Inspection and Enforcement
CONTRACTOR shall assist the CITY with applicable inspections and enforcement as specified in this Agreement. CONTRACTOR shall maintain a computer database of all oral and written SB 1383 related non-compliance incidents reported to CONTRACTOR by Customers, or discovered by CONTRACTOR. CONTRACTOR shall maintain applicable records from inspection and enforcement in accordance with SB 1383 Regulations, with the exception of Notice of Violations which shall be the responsibility of CITY. CITY shall be responsible for the issuance of any fines for CITY Municipal Code violations.” COMPLAINTS, REPORTS OF NON-COMPLIANCE. “Complaints, Reports of Non-Compliance” is added to the Agreement, and/or amended as set forth herein, as applicable:
Complaints, Reports of Non-Compliance
i. Investigation.
As needed, CONTRACTOR shall assist the CITY in its investigation of complaints investigations. ii. Recordkeeping and Reporting.
CONTRACTOR agrees to maintain a log of all applicable oral and written complaints or reports of non-compliance received by the CONTRACTOR. CONTRACTOR shall be responsible for the prompt and courteous attention to the complaint and subsequent notice shall be sent to the CITY for further inspection and enforcement efforts.” PROVISION FOR PROCUREMENT OF RECOVERED ORGANIC WASTE PRODUCT “Provision for Procurement of Recovered Organic Waste Products” is added to the Agreement, and/or amended as set forth herein, as applicable:
Provision for Procurement of Recovered Organic Waste Products CONTRACTOR agrees to act as a direct service provider on behalf of the CITY. CONTRACTOR shall coordinate and cooperate with the CITY in meeting its recovered Organic Waste product procurement target, as required by SB 1383 Regulations, 14 CCR Section 18993.1.
CONTRACTOR shall procure an annual quantity of Recovered Organic Waste Products in an amount not more than the quantity specified in the calculations used to determine the Compliance Fee as requested by the CITY. Recovered Organic Waste Products shall comply with 14 CCR 18993.1(f). CONTRACTOR shall comply with the recordkeeping and verification requirements of 14 CCR 18993.2. The initial procurement quantity of compost and/or mulch will be 30% of the required target volumes as allowed under AB 1985.
CONTAINER REQUIREMENTS. “Container Requirements” is added to the Agreement, and/or amended as set forth herein, as applicable:
CONTRACTOR shall provide Collection Containers as follows: (i) Solid Waste container bodies and/or lids shall be black or gray; (ii) Recyclable Materials container bodies and/or lids shall be blue; (iii) Organic Waste Container bodies and/or lids shall be green; and (iv) commercial Food Waste Container bodies and/or lids shall be brown.
No later than January 1, 2036, CONTRACTOR shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this Agreement or as otherwise specified in the SB 1383 Regulations. Notwithstanding this Section, the CONTRACTOR is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Agreement prior to the end of the useful life of those Containers, or prior to January 1, 2035, whichever comes first.
LABELING REQUIREMENTS “Labeling Requirements” is added to the Agreement, and/or amended as set forth herein, as applicable:
Labeling Requirements
CONTRACTOR shall place a label on the body or lid of each Container that has been provided to a Customer that includes language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that Container in accordance with the SB 1383 Regulations. Labels shall clearly indicate items that are Prohibited Container Contaminants for each Container.” ORGANICS RECORDKEEPING AND REPORTING. “Organics Recordkeeping and Reporting” is added to the Agreement, and/or amended as set forth herein, as applicable:
Organics Recordkeeping and Reporting
CONTRACTOR shall prepare and maintain the records identified in 14 CCR Section 18995.2(f) arising from the work performed by CONTRACTOR and assist CITY in reporting such information in form and format satisfactory to the CITY.
CONTRACTOR shall also allow CITY access to records via remote access to CONTRACTOR’s third-party reporting software for the purposes of auditing and inspecting SB 1383-related records and reports. Additional information that may be required from time to time for the purposes of complying with the SB 1383 Regulations shall also be furnished by the CONTRACTOR within a reasonable amount of time and upon request.
Reports to CITY on customers discovered to be out of compliance with the SB 1383 Regulations, including a list of the customers, the type of violation (including not providing Containers for customer use, and other compliance violations), actions taken to educate those customers, and contact information for those customers. Such reports shall be provided quarterly or as required by CITY.
CONTRACTOR shall report on all activities as mutually agreed upon with the CITY at least one month in advance of the CITY’s reports to CalRecycle on August 1.
CONTRACTOR shall provide a full customer list including service level, date of service, and customer contact information upon CITY request.
IDENTIFICATION OF FACILITIES Identification of Facilities is added to the Agreement, and/or amended as set forth herein, as applicable:
CONTRACTOR shall identify the Recyclable Materials and Organic Waste Processing Facilities to which they will transport organic waste as required by the SB 1383 Regulations.
OTHER TERMS AND CONDITIONS UNCHANGED.
Except as expressly amended by the Amendment, all other terms and conditions of the Agreement shall remain unchanged. In the event of any conflict between the terms and conditions of this Amendment and the terms and conditions of the Agreement and/or any previous amendment thereto, the terms and conditions of this Amendment shall prevail and control.
COUNTERPARTS.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written.
City of Rialto
Burrtec Waste INDUSTRIES, Inc.
By:
By:
Mayor
Its:
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney