San Marino City Council
May 21, 2025

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removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that:

1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Waste (as defined herein); or

2. Relates to material collected, transported, recycled, Composted, processed, treated or disposed of by Contractor.

B. Contractor’s obligations pursuant to this section shall apply, without limitation, to:

1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6901 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health & Safety Code Sections 25100 et seq.), the California Porter-Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision;

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2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Contractor of any facility;

3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, Disposal, processing or use of any materials recovered by Contractor;

4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement.

C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Contractor or any Affiliate of Contractor.

D. For purposes of this Agreement, the term “Hazardous Waste” includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health & Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a "hazardous substance" under Section 25316 of the California Health & Safety Code, Division 20, Chapter 6.8 (Hazardous Substance Account Act); (iv) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 25501(p), (q), and (r) and 25501.1 of the California Health & Safety Code, Division 20,

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Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v) defined as a "hazardous substance" under Section 25281 of the California Health & Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) "used oil" as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq. (42 U.S.C. § 9601); (xiii) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 5101, et seq.; (xiv) defined as such or regulated by any "Superfund" or "Superlien" law; (xv) any asbestos or asbestoscontaining material; (xvi) any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; or, (xvii) any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect.

The term “Hazardous Waste” shall also include any and all amendments to the abovePage 157 of 625 -135-
referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over Hazardous Waste, the term “Hazardous Waste” shall be construed to have the broader, more encompassing definition.

E. The provisions of this section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement.

13.06 Intellectual Property Indemnification. Contractor agrees to indemnify, hold harmless and defend the Indemnified Parties against any and all liability, including costs, for infringement of any United States’ letters patent, trademark or copyright infringement.

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ARTICLE 14: COMPENSATION TO CONTRACTOR

14.01 General. Contractor shall perform the services required by this Agreement in consideration for: (i) the right to charge customers the rates set forth in Attachment D-1 for the period May 31, 2025 through September 30, 2025, and thereafter the rates set forth in Attachment D-2 as they may be adjusted as provided in this Article, and (ii) the right to retain all revenues, if any, from the sale of Recyclable Materials, Yard Trimmings, Food Scraps, Compost, (including revenue from creation, sale and use of energy) and Construction and Demolition Debris. The revenues received from these sources shall be the full, entire and complete compensation due to Contractor for all labor, equipment, materials and supplies, taxes, insurance, bonds, overhead, profit and all other things necessary to perform all the services required by this Agreement in the manner and at the times prescribed. City shall not be obligated to make any payments to Contractor under this Agreement, including, but not limited to, payments to compensate Contractor for delinquent or uncollectible amounts charged to Customers.

14.02 Initial Rates.

14.02.A Rates from May 31 – September 30, 2025. From May 31, 2025 through September 30, 2025 Contractor shall charge Customers the rates in Attachment D-1 which are the rates charged by the City’s previous hauler. The rates in Attachment D-1 include a “Waste Management Fee” and a “franchise fee”. Contractor may retain all revenue from the rates in Attachment D-1 including the revenues from said fees. During the period from May 31, 2025 through September 30, 2025 the City will issue a

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Proposition 218 notice and will hold a public hearing for the City Council to consider adoption of the new rates proposed by Contractor in the City’s Request for Proposals process. Except as provided for in Section 14.02.C below, once new rates are approved by the City Council, Contractor shall charge Customers the rates in Attachment D-2. The parties plan that Contractor will begin charging the rates in Attachment D-2 on October 1, 2025.

14.02.B Contractor Shall Charge Rates in Attachment D-2. In the event Contractor is found, during the Term, to be charging any rate that is not listed in Attachment D-2, Contractor shall, upon realization of this fact or upon receipt of notification from City, refund all such charges to all affected Customers within thirty (30) days. In the event Contractor has charged a higher rate than the rate listed in Attachment D-2, as may be adjusted under the various provisions of this Agreement, then the difference between the rate charged and the then applicable rate shall be refunded. In the event Contractor has charged a lower rate than the rate listed in Attachment D-2, Contractor shall not charge the Customer for the difference between the rate charged and the rate in Attachment D-2; however, Contractor shall notify the Customer and give the Customer the option to continue to receive the service at the rate listed in Attachment D2, or to arrange for a different service or level of service. In such event, Contractor shall assist the Customer in selecting the most cost-effective service level and the corresponding rate available in Attachment D-2.

Contractor shall not bill or otherwise charge any Customer for services that are not rendered. Upon discovery of any billing or charging of a Customer for services that were

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not rendered, Contractor shall refund the complete amount charged to the Customer within thirty (30) days.

Upon City request, Contractor shall provide City with a summary of any and all instances of (i) rates greater than the rates listed in Attachment D-2 being charged, and (ii) charges for services not rendered to Customers. Contractor shall report to City the refunds or other adjustments made for each of said Customers.

14.02.C Change of Rates from Attachment D-2 to Attachment D-3. Since Contractor’s Grand Central Recycling and Transfer Station could lose its CalRecycle HDOWPF designation, the City will include in its initial Prop 218 rate approval procedure an alternative rate structure, as indicated in Attachment D-3, providing rates for a ThreeStream collection system that would be required to be implemented and deployed in the event Contractor’s Grand Central Recycling and Transfer Station loses its HDOWPF designation. In such event, the applicable rates will change to the rates indicated in Attachment D-3, as adjusted by Attachment J, beginning with the first billing cycle after which the Three-Stream collection system has been completely implemented and deployed for all Residential and Commercial Customers.

14.03 Annual Rate Adjustments. The rates for services set forth in Attachment D shall be adjusted annually, to be effective July 1, 2026 and the July 1 for each ensuing year of the Term in accordance with Attachment J and Section 14.09. If Contractor bills Customers on a monthly basis, thirty days (30) prior to each annual automatic adjustment, Contractor shall provide written notice of the change in the rates to Customers by printing the amount (percentage) of the rate adjustment on the Customer’s bill (including both

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electronic and hard copy bills). Said notice shall include language stating that the Agreement between the City and Contractor provides for this annual adjustment. If Contractor bills Customers on a monthly basis, Contractor shall submit the language to be included on the Customer’s bill (including both electronic and hard copy bills) for City’s approval sixty (60) days prior to each annual automatic adjustment.

If Contractor bills Customers on a quarterly basis, ninety days (90) prior to each annual adjustment, Contractor shall provide written notice of the change in the rates to Customers by printing the amount (percentage) of the rate adjustment on the Customer’s bill (including both electronic and hard copy bills). Said notice shall include language stating that the Agreement between the City and Contractor provides for this annual adjustment.

14.04 Challenge to Rates. The parties recognize that rates established under this Agreement may be challenged as fees or charges for property-related services pursuant to California Constitution Article XIIID. The City intends to follow the requirements of that Article when adjusting rates, including, but not limited to, those rates set forth in Attachment D in an abundance of caution and without conceding its applicability. If a proposed rate adjustment may not be enacted as a result of a majority protest pursuant to Article XIIID, Section 6, or if rates in effect are reduced as a result of an initiative measure authorized by Article XIII.C, Section 3, the City's inability to increase or maintain the rates as contemplated shall not constitute a breach of this Agreement. The parties shall promptly meet to discuss and determine how best to respond to such an occurrence.

14.05 Adjustment of Disposal Charge (Tip Fee) and Processing Costs (Tip Fees). If the tip fee charged at the City-designated Disposal Site is changed (increased or

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decreased) for whatever reason including, but not limited to, new or increased taxes or regulatory fees, the Disposal portion of the rates set forth in Attachment D shall be adjusted according to the provisions in Attachment J. Disposal Charges are a passthrough cost and Contractor shall not be entitled to receive or charge any profit, markup, overhead or administrative costs on Disposal Charges.

If the tip fee charged at one or more of the City-designated Processing Facilities listed in Article 6 is changed (increased or decreased) for whatever reason including, but not limited to, new or increased taxes or regulatory fees, the Processing portion of the rates set forth in Attachment D for the affected stream of materials shall be adjusted according to the provisions in Attachment J after completion of the procedures in Section

14.09 and once Contractor has received direction from the City regarding which Processing Facility to use.

In the event of an increase in Processing Costs for any material stream, the procedures in Section 14.09 of this Article 14 shall be followed. Processing Costs are a pass-through cost and Contractor shall not be entitled to receive or charge any profit, markup, overhead or administrative costs on Processing Costs. As an example, if the Processing Cost for Recyclable Materials at the City-designated MRF is increased, and the procedures in Section 14.09 have been completed, the portion of the rates in Attachment D for Processing of Recyclable Materials shall be adjusted pursuant to the procedures in Attachment J according to the decision and direction of the City.

14.06 City Regulatory Compliance Costs. In order to offset the City’s costs in administering this Agreement to meet state-mandated requirements for Diversion and program implementation including, but not limited to, planning, monitoring and

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implementation of additional Diversion programs, additional public education on Diversion programs, technical consulting assistance on solid waste, recycling and other related issues, preparation of any studies required by the City or by CalRecycle related to compliance with the Act, preparation of required reports, documentation as well as creation and maintenance of the Implementation Record required by the Act and by SB 1383, monitoring of Contractor’s performance under this Agreement, procurement of compost or other qualifying products as required by SB 1383, costs to enforce Article IX “Refuse” of the San Marino Municipal Code and any other City costs related to compliance with the Act, the rates in Attachment D include four-hundred twenty-five thousand dollars ($425,000) per year for City Regulatory Compliance Costs. Commencing October 1, 2025, Contractor shall remit one-twelfth of the annual amount to City on a monthly basis within thirty (30) days of the end of the calendar month for which the amount is being paid. The City may adjust the City Regulatory Compliance Costs on an annual basis (or less frequently) as needed to reflect actual costs, and in such event, the new amount will be included in the annual rate adjustment described in Section 14.03 and Attachments J and W. If any City Regulatory Compliance Cost payment is not made by Contractor within thirty (30) days after the above-stated due date, and in addition to any other remedy provided by law, Contactor shall pay to City a penalty in an amount equal to ten percent (10%) per month, or portion thereof, of the amount owing until paid.

14.07 Adjustments to Rates in Attachment D Based on City-Directed Changes In Scope of Work. If the City has directed a change in the scope of work under Section

5.12, and either party believes that such change will increase or decrease the costs of providing service, the party which believes the rates listed in Attachment D should be

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adjusted shall, within thirty (30) calendar days after issuance of the notice of scope change, submit to the other party a proposed adjustment to the rates in Attachment D with complete supporting documentation of the cost calculations therein, and the parties shall thereafter meet and discuss the matter. City may request additional documentation, calculations and other information from Contractor in order to analyze information submitted by Contractor, or in order to make its own internal calculations of the cost change. Once the parties have formulated a cost adjustment, the City Council shall review the proposed adjustment and in the City Council's sole discretion, make the determination as to the appropriate amount of the adjustment. Only changes in Contractor’s costs will be considered. No adjustment will be made to Contractor’s compensation due to loss or reduction in any of the following: (a) Contractor’s profits, and/or (b) decrease in Contractor’s revenues at a Contractor-owned and/or Contractoroperated Processing Facility, including, but not limited to, Processing Fees, revenues from sale of Recyclable Materials, Compost, Wood, energy, and/or Processed Construction and Demolition Debris.

In the event the City-directed change of scope results in an increase in rates, the procedures in Section 14.04 for compliance with California Constitution Article XIIID shall be followed.

14.08 Other Fees. The City shall have the right to establish other fees and to collect such fees from Contractor, as City deems necessary in City’s sole discretion, and nothing in this Agreement shall be deemed to limit the City’s police/regulatory powers with respect to establishment of new regulations for the collection or disposal of waste or prevention of nuisances in the manner provided for by law. The amount, time and method of payment

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will be established similar to that described in Section 14.06. City shall provide Contractor with written notice of the establishment of any new fees along with the corresponding change in the rates in Attachment D and the remittance schedule.

14.09 Procedures to be Followed in the Event of an Increase in Processing Costs at Contractor-Owned and Third-Party City-Designated Processing Facilities In the event the Contractor is required to increase processing costs due to increased tip fees at a third-party Processing Facility that accepts materials from the City or at a Contractor-owned Processing Facility, these costs may be ‘passed through’ to customers in rates using the methodology included in Attachment J provided the following procedures are completed by the Contractor. Within ten (10) business days of notification to the Contractor by the third-party or Contractor-owned or operated Processing Facility, the Contractor shall provide written notice to the City of the increase in Processing costs.

The Contractor shall also submit to City the projected impact on the rates. If the Processing cost increase would result in an increase in the current tipping fee by forty percent (40%) or more, Contractor shall proceed to contact potential alternative processing facilities.

Contractor shall contact at least two (2) different alternative Processing Facilities, in writing, to request (a) that these facilities accept materials from the City, (b) that the facility provide pricing (in dollars per ton), and (c) that the facility provide written assurances that there is adequate processing for the volume of materials generated by the City for at least one (1) year. The Contractor shall provide copies of these written requests to additional processing facilities to the City within five (5) business days of distribution. Contractor

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shall submit all written response(s) from the Processing Facility operators to the City within five (5) business days of receipt. If the Contractor identifies a facility with a lower processing fee than the facility that is increasing its processing fees, the Contractor shall notify the City of this option(s) along with Contractor’s calculation of any change in transfer and transportation costs to deliver materials to the alternate Processing Facility and Contractor’s calculations showing the impact on rates for use of the alternate Processing Facility. If the City so directs, Contractor shall make arrangements for use of the new alternate Processing Facility prior to the increase in tipping fees, or as soon thereafter as is practical. City and Contractor shall follow the procedures in Attachment J to adjust the rates to reflect the new Processing Facility tipping fees (and transportation costs if applicable).

In the event City directs Contractor to continue use of the current City-designated Processing Facility at the new increased tipping fee, said new tipping fee shall be used in the annual rate adjustment calculations in Attachment J for the rate adjustment that will become effective July 1.

In presenting the costs for use of the current City-designated Processing Facility which has notified Contractor that there will be a processing or disposal cost increase, Contractor shall provide the City with both basic cost information and with proposed revisions to the rates in Attachment D showing the breakdown of costs for Collection, processing, transportation and Disposal for each rate category (Residential Single Family Dwellings, Residential Estates, Commercial, Multi-Family and Roll Off) incorporating use of the alternate Processing Facility, as well as the total proposed rate change for each rate category incorporating use of the proposed Processing Facility. Contractor shall

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calculate said costs assuming that any rate adjustment that includes an increase in Processing costs will become effective July 1.

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ARTICLE 15: DEFAULT AND REMEDIES

15.01 Events of Default. Each of the following shall constitute an event of default (“Contractor Default”) hereunder:

A. (i) Contractor fails to perform its obligations under Articles 5, 6, 7 or 8 of this Agreement and the failure to perform is not cured within two (2) business days after receiving written notice from the City specifying the breach; or (ii) in the case of any other breach of this Agreement, the breach continues for more than fifteen (15) calendar days after written notice from the City for the correction thereof.

B. There is a seizure or attachment of, or levy affecting possession of, the operating equipment of Contractor, including without limitation, its vehicles, maintenance or office facilities, of such proportion as to substantially impair Contractor’s ability to perform under this Agreement, and which is not released, bonded or otherwise lifted within two (2) business days.

C. There is any termination, suspension, or material impairment of Contractor’s ability to collect MSW, Recyclable Materials, Yard Trimmings, Food Scraps or Construction and Demolition Debris due to, or arising from, any cause (including labor unrest such as strike, work stoppage or slowdown, sickout, picketing, or other concerted job action).

D. Contractor files a voluntary case for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or consents to the appointment of or taking of possession by a receiver, liquidator, assignee,

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trustee, custodian, sequestrator (or similar official) of Contractor for any part of Contractor’s operating assets or any substantial part of Contractor’s operating assets or any substantial part of Contractor’s property used to provide service to City pursuant to this Agreement, or makes any general assignment for the benefit of Contractor’s creditors, or fails generally to pay Contractor’s debts as they become due or takes any action in furtherance of any of the foregoing.

E. A court having jurisdiction enters a decree or order for relief in respect of the Agreement, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or Contractor consents to or fails to oppose any such proceeding, and such proceeding remains undismissed or unstayed for a period of ninety (90) days or any such court enters a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Contractor or for any part of the Contractor’s operating equipment or assets, or orders the winding up or liquidation of the affairs of the Contractor.

F. Contractor fails to timely furnish an initial bond, or fails to furnish a replacement bond or a continuation certificate of the existing bond prior to expiration of the performance bond, as required by Section 13.03 of the Agreement, or fails to maintain in force any substitute security authorized by the City in lieu of performance bond at all times this Agreement is in effect, or Contractor fails to maintain all required insurance coverages in force at all times. The default shall occur immediately upon such failure without any necessity for notice from City of the breach. City shall have the right to give notice of termination under Section 15.02 immediately upon such default.

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Notwithstanding any other provision of this Agreement to the contrary, Contractor shall not be entitled to an opportunity to cure any default comprising the failure to maintain all required insurance and/or the required bond.

G. Contractor fails to provide reasonable assurance of performance required under Section 16.10.

H. A representation or warranty contained in Article 2 proves to be false or misleading in a material respect as of the date such representation or warranty was made.

I. Contractor engages in, or is reasonably documented to be engaging in, any fraud or deceit upon City, or makes a misrepresentation regarding information provided to City including, but not limited to, falsifying tonnage reports, reports of the results of waste characterization, Customer Diversion program participation data, Contamination percentages, reports of Diverted Tons, reported implementation (or steps toward implementation) of Diversion programs required by this Agreement, or provides information that is materially misleading in any report or documentation provided to the City.

J. Contractor fails to honor or perform any of its indemnity or defense obligations as specified in this Agreement.

K. Contractor, or any of its officers, directors or employees is found guilty of any crime related to the performance of this Agreement, or of any crime related to anti-trust activities, illegal release, transport or Disposal of Hazardous Waste or toxic

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materials, or bribery of public officials. The term “found guilty” shall be deemed to include any judicial determination that Contractor, or any of Contractor’s officers, directors or employees is guilty as well as any admission of guilt by Contractor or any of Contractor’s officers, directors or employees including, but not limited to, the plea of “guilty”, “nolo contendere”, “no contest” and “guilty to a lesser charge”.

L. Contractor is found to have violated the Act, any Environmental Law, or any permit, order or rule of any regulatory agency in connection with Contractor’s performance of this Agreement and such finding has become final and not subject to further appeal.

M. Contractor empties Containers of properly set out Recyclable Materials or Food Scraps/Yard Trimmings that contain less than twenty-five percent (25%) Contamination into a load of MSW, or transports Recyclable Materials and/or Food Scraps/Yard Trimmings to a Disposal site or other location at which the materials will not be Diverted.

N. Contractor fails to complete the annual brake inspection of each Collection vehicle and to submit Notice of Certification to City no later than May 1 of each year of the Term, as described in Section 8.03.E.

O. The issuance of four (4) or more vehicle, driver/operator or other citations for moving violations (including, but not limited to, exceeding the speed limit, unsafe speed, unsafe driving, reckless driving, running a red light, and unsafe turns) that relate in any way to operations performed pursuant to this Agreement within a twelve (12) month period.

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P. Failure of Contractor to adhere to, perform, implement and complete all parts of “Contractor’s Plan for Interim Period” (described in Section 5.03 and Attachment H) and the “Implementation Plan” (described in Section 5.03 and Attachment C).

Q. Any act or omission by Contractor relative to services to be provided pursuant to this Agreement which violates the terms, conditions or requirements of this Agreement, or the Act, or any law or statute, ordinance, order, directive, rule or regulation issued pursuant to the Act. Any failure to correct or remedy any such violation within the time set in the written notice of violation or, if Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice or in the event Contractor fails to commence to correct or remedy such violation within the time set forth in such notice and fails to diligently effect such correction or remedy thereafter.

15.02 Right to Suspend or Terminate Upon Default.

A. Upon any Contractor Default, City shall have the right to suspend or terminate this Agreement, in whole or in part. Such suspension or termination shall be effective thirty (30) days after City has given written notice of suspension or termination to Contractor, except that such notice may be effective immediately if the Contractor Default is one which endangers the health, welfare or safety of the public. Contractor shall continue to perform the portion of the Agreement not suspended, in full conformity with its terms.

B. City will also have the right to suspend or terminate this Agreement, upon the same written notice provisions, if Contractor’s ability to perform is prevented or

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materially interfered with by a cause which excuses nonperformance under Section

16.12, despite the fact that nonperformance in such a case is neither a breach nor default by Contractor.

15.03 Specific Performance. By virtue of the nature of this Agreement, the urgency of timely, continuous and high-quality service, the lead time required to effect alternative service, and the rights granted by City to Contractor, the remedy of damages for a breach hereof by Contractor is inadequate, and the City shall be entitled to injunctive and declaratory relief to require Contractor to perform its obligations herein.

15.04 Use of Contractor Property Upon Default. In the event that Contractor fails to perform any of its obligations under Articles 5, 6, 7, 8 or 9 and fails to perform such work within two (2) business days after notice from City, City shall have the right to use any of Contractor’s land, equipment, facilities and other property reasonably necessary for the provision of services hereunder and the billing and collection of fees for those services.

The City shall have the right to continue use of such property until other suitable arrangements can be made for the provision of such services, which may include the award of a contract to another service provider.

15.05 Right to Perform. If this Agreement is suspended and/or terminated due to a Contractor Default, City shall have the right to perform and complete, by contract or otherwise, the work herein or such part thereof as it may deem necessary and to procure labor, equipment, and materials and incur all other expenses necessary for completion of the work and services provided for herein. If such expenses exceed the amounts which would have been payable to Contractor under this Agreement (by and through rates and

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customer payments for services rendered by Contractor) if such services had been fully performed by Contractor, then Contractor shall pay the amount of such excess to City.

15.06 Payment for Use of Contractor’s Property. If the City invokes its rights to use Contractor’s land, equipment, facilities, and other property pursuant to Section 15.04, and such use continues after the period of time for which Contractor has already been compensated, Contractor shall be entitled to the reasonable rental value of such property, which shall be offset against the damages due the City as a result of Contractor’s Default.

Contractor agrees that it will fully cooperate with the City to affect the City’s use of such property. The City may immediately engage all or any personnel necessary for the provision of services, including, if the City so desires, employees previously employed by Contractor. Contractor further agrees, if the City so requests, to assist the City in securing the services of any or all management or office personnel employed by Contractor whose skills are reasonably necessary for the continuation of services. The City agrees that it assumes complete responsibility for the proper, normal use of such equipment and facilities while in its possession. Contractor agrees that the City’s exercise of its rights under this section: (i) does not constitute a taking of private property for which compensation must be paid; (ii) will not create any liability on the part of the City to Contractor other than the payment of reasonable rental value as provided for in this subsection; and (iii) does not exempt Contractor from the indemnity provisions of Article 13 which are meant to extend to circumstances arising under this Section.

15.07 Damages. Contractor shall be liable to City for all direct and consequential damages arising out of Contractor’s Default. This section is intended to be declarative of

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existing California law. The City may offset such damages against any sums which would otherwise be due to Contractor.

15.08 City’s Remedies Cumulative. City’s rights to suspend or terminate the Agreement under Section 15.02, to obtain specific performance under Section 15.03, to cure under Section 15.04 and to perform under Section 15.05 are not exclusive, and City’s exercise of one such right shall not constitute an election of remedies. Instead, they shall be in addition to any and all other legal and equitable rights and remedies that the City may have, including a legal action for damages, including incidental, consequential and/or special damages under Section 15.07.

15.09 Liquidated Damages. The parties acknowledge that consistent, courteous and efficient Collection of MSW, Recyclable Materials, Food Scraps, Yard Trimmings and Construction and Demolition Debris is of utmost importance and City has considered and relied on Contractor’s representations as to its quality of service commitment in entering into this Agreement. The parties further recognize that quantified standards of performance are necessary and appropriate to ensure consistent and reliable service.

The parties further recognize that if Contractor fails to achieve the performance standards, City and its residents will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of damages that City will suffer. Therefore, the parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In placing their initials at

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the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made.

Contractor Initial Here: ______ City Initial Here: _____ Contractor agrees to pay to City (as liquidated damages and not as a penalty) the amount set forth below, all of which shall be adjusted upward annually using the procedure and calculations set forth in Section 14.03 of the Agreement and Attachment J. Where liquidated damages apply after a specified number of Contractor’s failures to comply within a one (1) year period, the one (1) year or annual period shall mean the preceding twelve (12) months including the month in which the most recent failure occurred.

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A. Collection Reliability
1 For each failure to commence service to a new Residential, Estate or Commercial Customer account within seven calendar (7) days after order, for (i) the basic Residential level of service including MSW, Recyclable Materials, and Co-collected Food Scraps/Yard Trimmings; (ii) Estate level of service as ordered by Customer; or (iii) Commercial level of service as ordered by Customer in excess of five (5) such failures annually on or after October 1, 2025.
$150.00
2 For each failure to collect a Container containing MSW, Recyclable Materials, Food Scraps/Yard Trimmings from a Single-Family Residential, Estate or Commercial Customer (access to which is available to Contractor) by an established Customer, on the scheduled Collection day, in excess of twohundred fifty (250) such failures annually. (Count of failures does not begin until October 1, 2025)
$100.00 per
Container
3 For each failure to collect MSW, Recyclable Materials, Food Scraps/Yard Trimmings (access to which is available to
Contractor) from the same Residential, Estate or Commercial Customer on two (2) consecutive scheduled Collection days. (Assessment of liquidated damages does not begin until
October 1, 2025)
$150.00
4 For each instance of collecting MSW, Recyclable Materials, or Food Scraps/Yard Trimmings outside of Collection hours
described in Section 5.08
$150.00
5 Failure to deliver new Carts for MSW, Food Scraps/Yard Trimmings at all Single Family Dwellings and new Carts and Bins at Estates, Multi-Family Dwellings and Commercial
Businesses by January 1, 2027
$5.00 per Customer
B. Collection Quality
1 For each occurrence of damage to private property
which is not corrected to the satisfaction of the City
within thirty (30) days of the damage and which
exceed five (5) such occurrences annually
$250.00
2 For each failure to properly return any empty Single Family Dwelling or Estate Cart back to its original location or failure to place the Cart in an upright position, in excess of twenty (20) such occurrences annually
$50.00 per
occurrence

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3 For each occurrence of discourteous behavior to a Customer $250.00 4 For each occurrence of excessive noise as defined in Section

5.09.B.
$500.00
5 For each failure to properly tarp a Roll Off Box during transportation of the Box.
$100 per incident
6 For each failure to clean up MSW, Recyclable Materials, Food Scraps, Yard Trimmings, or other materials blown, scattered or dropped from Carts or Bins, within the prescribed timeframe in Section 5.10.A, in excess of five (5) such failures annually.

Assessment of liquidated damages will not begin until October 1, 2025.
$150.00
7 For each failure to conform to the requirements of Sections

8.03.E.2, Cleaning; 8.03.E.3, Painting; 8.03.E.4, Maintenance;

8.03.G, Brake Inspections; 8.03.L, Operation; 8.04.E, Cleaning, Painting and 8.05.C, Uniforms, which exceed in any or a combination of categories in excess of five (5) such occurrences annually.
$150.00
8 Failure to display Contractor’s name and Customer service telephone number on each Collection vehicle as described in Section 8.03 (This requirement begins October 1, 2025)
$100 per incident
per day
9 Emptying a Cart or other Container containing Recyclable Materials, Yard Trimmings, Food Scraps or Combined Yard Trimmings/Food Scraps into an MSW Collection vehicle;
emptying a Cart or other Container containing MSW into a Recyclable Materials or Food Scrap/Yard Trimmings Collection vehicle; emptying a Cart or other Container containing Food Scraps/Yard Trimmings into a Recyclable Materials Collection vehicle; emptying a Cart or other Container containing into a Collection vehicle dedicated solely to Collecting Yard Trimmings or Food Scraps/Yard Trimmings. [Note: if a non-dedicated Collection vehicle is Collecting both Yard Trimmings or Yard Trimmings/Food Scraps that is permissible and does not
constitute a failure. If single pass trucks are utilized, each material must be kept separated within the body of the vehicle.

Failure to keep the materials separated shall constitute a failure incident.] If there are more than five (5) incidents within a twelve (12) month period, Contractor shall be in default of the Agreement.
$1,000 per incident

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10 Disposal of Recyclable Materials, Food Scraps and/or Yard Trimmings in a Disposal Facility except as provided in this Agreement
$1,000 per incident
11 For each Ton of Yard Trimmings used as Alternative Daily Cover
$150 per ton
12 For each failure to Process all Recyclable Materials Collected in City at the MRF described in Article 6.
$95 per ton of
processing capacity
not provided for the
initial 14 days;
$200/ton for days
15-42 that capacity
is not provided;
$1000/ton for days
43-56 that capacity
not provided. Over
56 days Contractor
is in default of the
Agreement.
13 For each failure to Process all Co-Collected Food Scraps/Yard Trimmings and Source Separated Yard Trimmings Collected in City at the Facility(ies) described in Article 6.
$95 per ton of
processing capacity
not provided for the
initial 14 days;
$200/ton for days
15-42 that capacity
is not provided;
$1000/ton for days
43-56 that capacity
not provided. Over
56 days Contractor
is in default of the
Agreement.

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14 For each failure to Process all Source-Separated Food Scraps Collected in City at the Facility(ies) described in Article 6. $95 per ton of
processing capacity
not provided for the
initial 14 days;
$200/ton for days
15-42 that capacity
is not provided;
$1000/ton for days
43-56 that capacity
not provided. Over
56 days Contractor
is in default of the
Agreement.
15 For each failure to Process all Construction and Demolition Debris Collected in City at the Facility described in Article 6. $95 per ton of
processing capacity
not provided for the
initial 14 days;
$200/ton for days
15-42 that capacity
is not provided;
$1000/ton for days
43-56 that capacity
not provided. Over
56 days Contractor
is in default of the
Agreement.

C. Responsiveness to Customer
1 For each failure to initially respond to a Customer complaint within eight (8) working hours:
$100.00
2 For each failure to conform to the litter abatement requirements of Section 5.10.
$250.00
3 Failure of Contractor to maintain an average hold time of sixty (60) seconds or less for ninety percent (90%) of all callers calculated on a monthly basis as required by Section 9.04.C. $500 per month that
60-second average
hold time for 90% of
callers is exceeded
4 Contractor’s use of a “robo” or automated voice return call to a Customer instead of a live customer service representative making the promised return call as described in Section 9.04.C $500 per incident in
excess of 5 incidents
within a 12-month
period

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5 Failure or neglect to resolve a Customer complaint relating to missed Collection within the time set forth in Section 9.05. $100.00 per incident
per Customer
6 Failure to notify Customers of changes in route days as required in Attachment B, Section 1.
$500.00 per
occurrence
7 Failure to resolve customer complaint to satisfaction of City within 5 business days in excess of 3 incidents per year. $500.00 per
occurrence
8 Failure to resolve customer complaint such that the Customer calls City to resolve issue.
$100 per customer
call in excess of 5
calls per month
9 For each failure to repair or replace a missing or damaged Cart within 2 business days of request from City or Customer $50 per day
10 For each failure to remove graffiti from Carts, or to replace with Carts bearing no graffiti, within 2 business days of request from City or Customer after October 1, 2025.
$50 per day
11 For each failure to deliver a Roll Off Box to a Customer within forty-eight (48) hours of Customer request.
$200 per incident,
plus $100 per day for
each business day
the Box is not
delivered
12 Failure to have Contractor drivers in uniform identifying them as employees of Contractor
$100 per incident
D. Timeliness of Submissions to City
1 Any report required to be submitted to City by Contractor pursuant to this Agreement shall be considered late until such time as an accurate, correct and complete report is received by City. Monthly, quarterly and annual reports must contain all information required in Attachment K. All other required reports must contain the information specified in this Agreement. For each business day (excluding weekends and the holidays listed in Section 5.08 of the Agreement) a report is late, the daily liquidated damage amount shall be:

1. Monthly report $1000.00 per day

2. Quarterly report $2500.00 per day

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3. Annual report $5000.00 per day

4. All other reports $1000.00 per day
2 Failure to provide records requested by City within 30 days of City request
$2500 per day until
completed
3 Failure of Contractor to provide requested access to on-board GPS data or video camera footage within five (5) business days of City request. In the event of a crash/injury/fatality, failure to provide access to on-board GPS data or video camera footage to law enforcement within the timeframe
requested by police, sheriff, public safety or other law enforcement.
$500.00 per day
E. Accuracy of Billing
1 Each Customer billing that is not prepared in accordance with list of rates in Attachment D:
$250.00 per
occurrence
F. Personnel
1 Each day after October 1, 2025 City does not receive services of 1.0 FTE Recycling Coordinator (excluding Coordinator’s holiday, vacation, sick leave and other state or federally mandated leave days for up to a period of two (2) months) during the Term as required by Section 8.05.H.
$500.00 per
business day
2 Failure of Contractor Representative or City Day-to-day contact person to timely respond to City within 24 hours of a written, email, or telephone request.

Fifty dollars ($50)
per business day
until response is
received
3 Failure to have a vehicle operator properly licensed. $250 per incident per day
G. Vehicles and Equipment
1 Each day Contractor fails to have in service Clean Air Vehicles as required by Article 8.
$500.00/vehicle
2 Failure to label all Carts and Bins (Residential, Commercial and Multi-family) with labels, hot stamp, and/or decals as described in Attachment B Sections 1 and 2; and/or failure to provide SB 1383 color-coded Carts and lids, and SB 1383 color-coded Bins as required in Attachment B, Sections 1 and 2 and in the timeframes in Attachment B and Article 8.

Fifty dollars ($50)
per cart per
business day until
corrected

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3 Failure to provide all trucks and other vehicles listed in Attachment F-1 (including all required on-board equipment, electronics and technology listed in Agreement Section 8.03) on or before January 1, 2027.

One thousand
dollars ($1,000.00)
per vehicle not
placed in service
per business day
until completed.

Five hundred
Dollars ($500) per
vehicle per business
day without the
required technology
until it is supplied.
4 Failure to install collision avoidance system on vehicles operating in the City per Section 8.03 by January 1, 2027. $500.00 per vehicle
per day
5 Failure to provide each customer with the three (3)-Container system which includes at least one (1) Container for MSW, one (1) Container for Recyclable Materials and one (1) Container for Food Scraps/Yard Trimmings by January 1, 2027. This includes all Single Family Residential, all Estates and all Commercial (and all Multi-Family if constructed and occupied by January 1, 2027) Customers.
$1,000 per day until
all Customers in all
sectors have the 3-
Container system in
place
H. Diversion Program Implementation, Compliance Reporting and Audits 1 Failure to distribute public education materials to all Single Family Dwellings and Estate Customers on routes within the timeframe specified in Attachment N, Section 1 after finding a Contamination rate of higher than twenty-five percent (25%) for that route during each semi-annual Residential waste
characterization study for Single Family Residential and for Estate Residential beginning January 1, 2028.
$100/per route per
month until materials
distributed.
2 Failure to perform required number of waste characterizations per contract year as described in Attachment N.
$5,000 per missed
characterization
3 Failure to submit reports on characterizations within required timeframe in Attachment N.
$100/report for each
day the report is late
4 Failure to notify City of date(s) and time(s) for characterizations at least 30 days prior to the characterization.
$250 per day that is
less than 30 days

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5 Failure to achieve the Contamination levels required in Article 10 and Attachment N by the dates specified (30% or lower for the period January 1, 2028 through December 31, 2029 and 25% or lower for the period January 1, 2030 through
December 31,2033) and to maintain at or below 25%
throughout the remaining Term of the Agreement. Liquidated damage applies if the required level is not achieved for any material stream (MSW, Recyclable Materials or Food
Scraps/yard Trimmings) in any sector (Residential, Estate, Commercial, Multi-Family).
$500/week per
material stream in
any sector that
exceeds the
required
Contamination level
5 Failure of Contractor to “fully implement” one or more of the required Diversion Programs at a Multi-Family or Commercial or Business Establishment (as described in Attachment B, Section 3.7) after thirty (30) day warning notification from City as required in Section 3 of Attachment B. If the failure continues after the initial assessment of liquidated damages, the liquidated damages are re-assessed for each additional thirty (30) day period the failure continues.
$2000 per failure
I. Cooperation with Service Provider Transition
1 For each day routing information requested by City in accordance with Section 16.13 is not received after City established due dates, both for preparation of a request for proposals and for new service providers implementation of service.
$1,000 per day
2 For each day delivery of keys, access codes, remote controls, or other means of access to Customer carts is delayed beyond 1 day prior to new service provider servicing Customers requiring special access, as described in Section 16.13. $1,000 per day
3 For delay in not meeting the requirements contained in Section

16.13 in a timely manner, in addition to the daily liquidated damages in Subpart I (“Cooperation with Service Provider Transition”), numbers 1 and 2.
$25,000
J. Public Education and Outreach
1 For each failure to provide the initial residential outreach materials required in Section 5 of Attachment B by the dates required in Section 5 of Attachment B.
$2 for each subject
matter brochure per
household/unit that
did not receive the
outreach material(s)

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2 Failure to produce the social media content for distribution via the City social media channels as described in, and by the dates contained in, Section 5 of Attachment B
$2,000 for each
failure to produce
the content by the
date(s) specified in
Section 5,
Attachment B
3 For each failure to provide the annual residential outreach materials as described in Section 5 of Attachment B by the dates contained in Section 5 of Attachment B
$2 for each subject
matter brochure per
household/unit that
did not receive the
outreach material(s)
4 For each failure to provide the annual commercial outreach materials as described in Section 5 of Attachment B by the dates contained in Section 5 of Attachment B
$2 for each subject
matter brochure per
business that did not
receive the outreach
material(s)
5 For each failure to provide the initial commercial outreach materials required in Section 5 of Attachment B by the dates contained in Section 5 of Attachment B.
$2 for each subject
matter brochure per
business that did not
receive the outreach
material(s)
City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees, agents or representatives; through photodocumentation, audio recordings and other records created by Contractor; and/or through information, audio recordings, and photo-documentation provided by Residents, other Persons and/or Customers or through City’s investigation of Customer complaints, or any other evidence made available to City.

Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/nonperformance. Contractor may review (and make copies at its own expense) all nonPage 186 of 625 -164-
confidential information in the possession of the City relating to incident(s)/nonperformance. Contractor may, within ten (10) days after receiving the notice, request a meeting with the City Manager or his or her designee. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. The City Manager or his or her designee will provide Contractor with a written explanation of his or her determination on each incident(s)/nonperformance prior to authorizing the assessment of liquidated damages. The decision of the City Manager or his or her designee shall be final.

15.09.1 Amount. The City may assess liquidated damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement.

15.09.2 Payment. Contractor shall pay any liquidated damages assessed by City within ten (10) days after they are assessed.

City’s right to recover liquidated damages for Contractor’s failure to meet the service performance standards shall not preclude City from obtaining equitable relief for persistent failures to meet such standards nor from terminating the Agreement for such persistent failures.

15.10 No Actions for Damages Against City. Contractor acknowledges that City’s approval of this Agreement is a legislative act. No action for damages shall exist in any situation in which Contractor asserts City has failed to comply with any of its obligations

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hereunder, and Contractor’s sole remedy in any such situation shall be to bring a writ of mandate to seek to compel City to comply with its obligations under this Agreement.

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ARTICLE 16: OTHER AGREEMENTS OF THE PARTIES

16.01 Compliance with Law; Non-Discrimination. In providing the services required under this Agreement, Contractor shall at all times comply with all applicable laws of the United States, the State of California and City, with all applicable rules and regulations promulgated by federal, state, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended during the Term and with all permits affecting the services to be provided. Contractor shall not discriminate nor permit discrimination against any Person in a manner prohibited by federal or state law.

16.02 Assignment. Contractor acknowledges that this Agreement involves rendering a vital service to the City’s residents and businesses, and that the City has selected Contractor to perform the services specified herein based on: (i) Contractor’s experience, skill and reputation for conducting their operations in a safe, effective and responsible fashion, and (ii) Contractor’s financial resources to maintain the required equipment and services and to support its indemnity obligations to the City under this Agreement. The City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement.

16.02.A City Consent Required. Contractor shall not assign its rights or delegate or otherwise transfer its obligations under this Agreement to any other Person (including an Affiliate) without the prior written consent of City, which shall be rendered by City at its

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sole and absolute discretion. Any such assignment made without the consent of City shall be void and the attempted assignment shall constitute a Contractor Default.

16.02.B Assignment Defined. For the purpose of this Section, “assignment” shall include, but not be limited to: (i) a sale, exchange or other transfer to a third party of substantially all of Contractor’s assets dedicated to service under this Agreement; (ii) a sale, exchange or other transfer of outstanding common stock of Contractor, to a third party which results in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re-capitalization, stock issuance or reissuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction which results in a change of ownership or control of Contractor; (iv) any assignment by operation of law, including insolvency or bankruptcy, an assignment for the benefit of creditors, a writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor’s property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership, or change of control of Contractor.

16.02.C Consent Requirements. If Contractor requests City’s consideration of and consent to an assignment, City may deny or approve such request in its absolute discretion. No request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements:

16.02.C.1 Contractor shall undertake to pay City its reasonable expenses for consultants, attorneys’ fees and investigation costs necessary to investigate the suitability

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of any proposed assignee, and to review and finalize any documentation or contracts required as a condition for approving any such assignment;

16.02.C.2 Contractor shall furnish City with audited financial statements of all of the proposed assignee’s operations for the immediately preceding three (3) operating years;

16.02.C.3 Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of solid waste/recycling collection and management experience on a scale equal to or exceeding the scale of operations conducted by Contractor; (ii) that in the last five (5) years, the proposed assignee has not been the subject of any administrative or judicial proceedings initiated by a federal, state or local agency having jurisdiction over its operations due to an alleged failure to comply with federal, state or local laws or that the proposed assignee has provided City with a complete list of such proceedings and their status; (iii) that the proposed assignee conducts its operations in a safe and environmentally conscientious manner, in accordance with sound solid waste and recycling management practices in full compliance with all federal, state and local laws regulating the Collection and Disposal of MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Wood and Construction and Demolition Debris and all Environmental Laws; and (iv) of any other information required by City to ensure the proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner.

16.03 Subcontracting. Contractor shall not engage any subcontractors or independent contractors to perform any of the services required of it by this Agreement without the

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prior written consent of City. Contractor shall notify the City no later than ninety (90) days prior to the date on which it proposes to enter into a subcontract. City may approve or deny any such request in its sole discretion.

Contractor may, in cases of emergency, engage subcontractors for up to seven (7) consecutive calendar days. Contractor shall give prompt notice to City of any such emergency subcontracting and any such engagement must be approved by City in writing if it is to extend beyond seven (7) calendar days, or if Contractor wishes to renew it after an interval of less than thirty (30) calendar days.

16.04 No Affiliated Entity. Contractor will not form or use any Affiliated Entity to perform any of the services or activities which Contractor is required or allowed to perform under this Agreement, other than as a subcontractor approved by City under Section 16.03.

16.05 Contractor’s Investigation; No Warranties by City. Contractor has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding the Agreement and the work to be performed by it, and the Recycling, Source Reduction and other Diversion programs now in effect in the City.

Contractor has carefully reviewed the information in the Request for Proposals and Addenda, if any, and the Source Reduction and Recycling Element adopted by the City under the Act.

City makes no warranties in connection with this Agreement, including but not limited to the accuracy or completeness of the information contained in the Request for Proposals and Addenda Numbers One (1) through Seven (7). The City also expressly disclaims any warranties, either express or implied, as to the merchantability or fitness

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for any particular purpose of Recyclable Materials, Yard Trimmings, Wood, Food Scraps, Wood, Construction and Demolition Debris and all other materials to be Collected pursuant to this Agreement.

16.06 Notice. All notices, demands, requests, proposals, approvals, consents and other communications which this Agreement requires, authorizes or contemplates shall, except as provided in Section 15.02, be in writing and shall either be personally delivered to a representative of the parties at the address below or be deposited in the United States mail, first class postage prepaid (certified mail, return receipt requested), addressed as follows:

If to City: City Manager
City of San Marino
2200 Huntington Drive
San Marino, California 91108
with a copy to the City Attorney at the same address
If to Contractor: David M. Perez, CEO
Valley Vista Services, Inc.
17445 E. Railroad Street
City of Industry, California 91748
A notice given in accordance with this Section may change the address physical address and/or the email address to which communications may be delivered from time to time.

In the event of a public safety event, life threatening event, threat to public health, natural disaster, and other emergency situations, the initial notice may be given by email at the email addresses noted herein (or as updated periodically throughout the Term).

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Email may also be used as a secondary method for providing notices required herein, in addition to physical delivery or use of the United States mail.

16.07 Representatives of the Parties.

16.07.A Representatives of City. References in this Agreement to “City” shall mean the San Marino City Council and all actions to be taken by City shall be taken by the City Council except as provided herein. The City Council may delegate, in writing, authority to the City Manager, and/or to other City officials and may permit such officials, in turn, to delegate in writing some or all of such authority to subordinate officers.

Contractor may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them. City hereby delegates administration of the Agreement to the City Manager, who may delegate in writing specified authority to subordinate officers and staff of City. City may change such delegation of administration of the Agreement at any time and in such event shall notify Contractor in writing of the change.

16.07.B Representative of Contractor. Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve as the representative of Contractor (“Contractor Representative”) in all matters related to the Agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind Contractor. City may rely upon action taken by such designated representative

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as actions of Contractor unless they are outside the scope of the authority delegated to him/her by Contractor as communicated to City.

16.08 Right to Inspect Contractor Operations. City (and/or City’s agents) shall have the right, but not the obligation, to observe and inspect all of the Contractor’s operations under this Agreement. In addition, upon reasonable notice and without interference with Contractor’s operations, City may review and copy any of Contractor’s operational and business records related to this Agreement. If City so requests, Contractor shall make specified personnel available to accompany City employees (and/or City’s agents) on inspections and shall provide electronic copies of records stored in electronic media.

16.09 Maintenance and Review of Records, Submission of Reports. Contractor shall compile, on a daily basis, accurate records of its operations in sufficient detail to allow for accurate determinations of all matters that require periodic determination under this Agreement. City (and/or City’s agents) shall have the right during regular business hours to review and make copies of (at City’s expense) any documents relevant to this Agreement, including, but not limited to, Contractor’s billing and Collection records, tonnage reports, Diversion records, weight tickets, route lists, maps and records maintained in electronic, magnetic and other media.

Contractor shall prepare and submit complete, accurate and timely reports on forms provided or approved by City as described in Attachment K.

16.10 Right to Demand Assurances of Performance. If Contractor: (i) persistently suffers the imposition of liquidated damages under Section 15.09; (ii) is the subject of any labor unrest including work stoppage or slowdown, sickout, picketing or other concerted

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job action; (iii) appears in the reasonable judgment of City to be unable to regularly pay its bills as they become due; or (iv) is the subject of a civil or criminal proceeding brought by a federal, state, regional or local agency for violation of an Environmental Law, City may, at its option and in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as the City may require.

16.11 Contractor Designated As City’s Authorized Recycling Agent. Pursuant to Public Resources Code Section 40105 and California Code of Regulations Title 14, Division 2, Chapter 5, Subchapter 8, City designates Contractor as City’s “Authorized Recycling Agent” for purposes of receiving payments for Contractor-Collected Recyclable Materials including but not limited to California Redemption Value payments.

16.12 Force Majeure. Neither party shall be in default of its obligations under this Agreement in the event, and for so long as, it is impossible or extremely impracticable for it to perform its obligations within City or parts thereof, due to an “act of God” (including, but not limited to, flood, earthquake or other catastrophic events), war, insurrection, riot, or other similar cause not the fault of, and beyond the reasonable control of, the party claiming excuse (each, a “Force Majeure event”). The following are not force majeure events: epidemics, pandemics, labor unrest, picketing, strikes, work stoppage or slowdown, sickouts or other concerted job actions. A party claiming excuse under this Section must (1) have taken reasonable precautions, if possible, to avoid being affected by the cause, and (2) notify the other party in writing within five (5) calendar days after the occurrence of the event specifying the nature of the event, the expected length of time that the party expects to be prevented from performing, and the steps which the party

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intends to take to restore its ability to perform. The party claiming excuse under this Section shall use its best efforts to remedy its inability to perform as quickly as possible.

16.12.A Force Majeure. Neither party shall not be excused from the performance of its obligations under this Agreement except where a party’s failure to perform is due to a Force Majeure event, as defined in this Agreement.

16.12.B Obligation to Restore Ability to Perform. Any suspension of performance by a party pursuant to this Section shall be only to the extent, and for a period of no longer duration than, required by the nature of the event, and the party claiming excuse from obligation in this Agreement, shall use its best efforts in an expeditious manner to remedy its inability to perform and mitigate damages that may occur as result of the event.

16.12.C Notice. The party claiming excuse shall deliver to the other party a written notice of intent to claim excuse from performance under this Agreement by reason of a Force Majeure event. Notice required by this Section shall be given promptly in light of the circumstances, but in any event not later than five (5) calendar days after the occurrence of the Force Majeure event. Such notice shall describe in detail the claimed Force Majeure event, the services impacted by the claimed Force Majeure event, the expected length of time that the party expects to be prevented from performing, the steps which the party intends to take to restore its ability to perform, and such other information as the other party reasonably requests.

16.12.D City's Rights in the Event of Force Majeure. The partial or complete interruption or discontinuance of Contractor’s services caused by a Force Majeure event

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shall not constitute an event of default under this Agreement. Notwithstanding the foregoing: (i) the City shall have the right to make use of Contractor’s facilities and equipment in accordance with Sections 15.04 and 15.06 of this Agreement in the event Contractor is unable to collect and dispose of MSW as required herein and such nonperformance is excused by a Force Majeure event; (ii) if Contractor’s excuse from performance for reason of Force Majeure continues for a period of thirty (30) calendar days or more, the City shall have the right, in its sole discretion, to immediately terminate this Agreement; and (iii) if Contractor’s inability to collect and dispose of MSW continues for fourteen (14) days or more from the date by which Contractor gave or should have given notice under Section 16.12.C above, the City may terminate this Agreement.

16.13 Cooperation During Transition. At the expiration or earlier termination of the Term, Contractor shall cooperate fully with the City to ensure an orderly transition to any and all new service providers. In addition, during the last twelve (12) months of the Term, Contractor shall allow prospective operators to observe its operations and shall make available to City all records and reports required to be submitted by this Agreement for use in the transition including, but to limited to, complete route lists and maps, customer account lists including customer name, address, type and frequency of service, billing information, and number, type and location of all Containers deployed by Contractor within City.

16.14 No Damages for Invalidation of Agreement. If a final judgment of a court of competent jurisdiction determines that this Agreement, or any portion thereof, is illegal or

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was unlawfully entered into by the City, neither party shall have any claim against the other for damages of any kind (including but not limited to loss of profits) on any theory.

16.15 Diversion Programs Not Restricted. Nothing in this Agreement shall restrict City’s participation or non-participation, or the nature or extent of its participation in, any Recycling and Diversion program(s), developed or operated by City, other agencies, or by one or more residents, businesses, commercial, industrial or retail operators, or other Persons, within City or other jurisdictions.

16.16 Reports as Public Records. The reports, records and other information submitted (or required to be submitted) by Contractor to City are public records within the meaning of that term in the California Public Records Act, Government Code Section 6250 et seq.

Unless a particular record is exempted from disclosure by the California Public Records Act, it must be disclosed to the public by the City upon request.

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ARTICLE 17: MISCELLANEOUS PROVISIONS

17.01 Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California.

17.02 Jurisdiction. Any lawsuits between the parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits.

17.03 Binding on Successors. The provisions of this Agreement shall inure to the benefit of, and be binding on, the successors and permitted assigns of the parties.

17.04 Parties in Interest. Nothing in this Agreement is intended to confer any rights on any Persons other than the parties to it and their permitted successors and assigns.

17.05 Waiver. The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision.

The subsequent acceptance by either party of any monies that become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other party of any provision of this Agreement.

17.06 Attachments. Each of the attachments, identified as Attachments A through AA is attached hereto and incorporated herein and made a part hereof by this reference.

17.07 Entire Agreement, Integration. This Agreement, including the Attachments, represents the full and entire agreement between the parties with respect to the matters

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covered herein and supersedes all prior negotiations and agreements, either written or oral.

17.08 Section Headings. The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions.

17.09 Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting.

17.10 Amendment. This Agreement may not be modified or amended in any respect except by a writing signed by the parties.

17.11 Severability. If a court of competent jurisdiction holds any non-material provision of this Agreement to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement which shall be enforced as if such invalid or unenforceable provision had not been contained herein.

17.12 Costs and Attorneys’ Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs expended in connection with such an action from the other party.

17.13 References to Laws. All references in this Agreement to laws, rules, and regulations shall be understood to include such laws, rules, and regulations as they may be subsequently amended or re-codified, unless otherwise specifically provided. In

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addition, references to specific governmental agencies shall be understood to include agencies that succeed to or assume the functions they are currently performing.

17.14 City’s Municipal Code. Contractor is aware of the provisions of City’s Municipal Code relating to the Collection and Disposal of solid waste, specifically Chapters IX and XXVII of the San Marino Municipal Code including the right of City to amend those provisions. Contractor shall comply with all provisions of Chapters IX and XXVII as they may be amended.

City may, in its sole discretion, determine whether and in what circumstances enforcement of provisions of the City’s Municipal Code relating to the obligation of owners and occupants of Premises to use the services of Contractor is in the public interest. City undertakes no obligation, by virtue of this Agreement, to Contractor to enforce such provisions through civil actions, or termination of other utility services provided by City.

17.15 Non-Discrimination. Contractor shall not discriminate, nor permit any Cityapproved subcontractor to discriminate, in the provision of services or the employment of Persons engaged in the performance of this Agreement on account of race, color, religion, sex, age, national origin, ancestry, physical handicap, sexual orientation, marital status or medical condition in violation of any applicable federal, state or local law.

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IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year first above written.

CONTRACTOR
By:

CITY OF SAN MARINO
By:

Gretchen Shepherd Romey, Mayor
ATTEST:

CITY CLERK
By:

Alison Walker, City Clerk

APPROVED AS TO FORM
By:

Joseph Montes, City Attorney

List of Contract Attachments
A Definitions
B Detailed Scope of Work for Collection And Diversion Operations C Implementation Plan
D1-3 D-1 Proposed Rates to be Charged from May 31, 2025 through September 30, 2025 D-2 Proposed Rates to be Charged for Two-Stream Collection Service from October 1, 2025 throughout the Term
D-3 Proposed Rates to be Charged for Three-Stream Collection Service if Contractor Loses its HDOWPF designation, see Sections 5.12 and 14.02.C of Agreement E1-4 E-1 Cart Specifications
E-2 Numbers and Types of New Containers for Current Collection System to be Furnished by Contractor
E-3 Numbers and Types of New Containers for Optimized Collection System to be Furnished by Contractor
E-4 Numbers and Types of Interim Containers to be Furnished by Contractor F1-4 F-1 New Vehicles for Current Collection System to be Furnished by Contractor F-2 New Vehicles for Optimized Collection System to be Furnished by Contractor F-3 List of Interim Vehicles to be Furnished by Contractor F-4 Make/Model and Specifications of Collision Avoidance Systems G Contractor-Furnished Collection Drivers
H Contractor’s Plan for Interim Period
I Landfill Facility(ies)
J Annual Adjustment of Rates
K Reports to be Submitted to City
L Performance Bond
M Not Used
N Processing Facility Characterizations
O Materials Recovery Facility(ies)
P Compost Processing Facilities
Q Construction & Demolition Debris Processing Facility(ies) R Anaerobic Digestion Processing Facility(ies)
S Proposed Plan to Provide the Current Residential Backyard/Sideyard Collection System T Contractor’s Experience with Transitioning to a New City U Not Used
V Landscaper Self-Certification Diversion Form
W Process for Annual Adjustment of City Regulatory Compliance Costs X Proposed Plan to Provide an Optimized Residential Backyard/Sideyard Collection System Y Contractor’s Complete Proposal To City
Z Guaranty
AA Duties of Recycling Coordinators

ATTACHMENT A
Definitions
Attachment A Page 1 of 14
Act: “Act” means the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq.) as may be amended from time to time, inclusive of regulations adopted by CalRecycle or its successor, and implementing decisions thereof. The Act includes, but is not limited to, legislation enacted subsequent to the original Solid Waste Management Act (AB 939) such as AB 1594, AB 341, AB 1826 and SB 1383, which are all codified at PRC Section 40000, et seq.

Affiliate: “Affiliate” means any Person who or which is related to the Contractor by virtue of a direct or indirect ownership interest or common management. Affiliates include (1) a Person in which the Contractor has a direct or indirect ownership interest, (2) a Person which has a direct or indirect ownership interest in Contractor, and (3) a Person which is owned or controlled by any person which has a direct or indirect ownership interest in Contractor.

For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of the Internal Revenue Code, in effect as of the Effective Date, shall apply except that “ten percent (10%)” shall be substituted for “fifty percent (50%)” in Section 318(a)(2)(C) and Section 318(a)(3)(C).

Agreement: “Agreement” means this Agreement between the City and Contractor dated as of May 21, 2025, including all attachments, and any amendments hereto.

Alternative Daily Cover or “ADC”: “Alternative Daily Cover” (or “ADC) means cover material other than earthen material placed on the surface of the active face of a Municipal Solid Waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter and scavenging. Pursuant to Section 7.09 of the Agreement, use of materials collected in City, inclusive of Yard Trimmings, byproducts, and Residue from processing Collected materials, shall not be used as ADC.

Alternative Fuel Vehicle: “Alternative Fuel Vehicle” means a vehicle whose engine design uses a fuel that is in full compliance with the South Coast Air Quality Management District’s rules and regulations including, but not limited to, Rule 1193 as it may be amended from time to time.

Anaerobic Digestate: “Anaerobic Digestate” or “Digestate” means the material left at the conclusion of a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called Digestate (14 CCR section 17896.2(a)(6).) For purposes of this Agreement, Anaerobic Digestate shall be further processed at a permitted Compost Facility or may be land-applied if approved by City. Anaerobic Digestate shall not be Disposed at a landfill or used as ADC at a landfill.

Anaerobic Digestion: “Anaerobic Digestion” or “AD” means a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called Anaerobic Digestate. The decomposition occurs in a four-step process:
hydrolysis, acidogenesis, acetogenesis and methanogenesis to break down organic matter into methane, carbon dioxide, water and Anaerobic Digestate/residuals.

Anaerobic Digestion Facility: “Anaerobic Digestion Facility or “AD Facility” means a facility that uses a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called Anaerobic Digestate. The

ATTACHMENT A
Definitions
Attachment A Page 2 of 14
decomposition occurs in a four-step process: hydrolysis, acidogenesis, acetogenesis and methanogenesis to break down organic matter into methane, carbon dioxide, water and Anaerobic Digestate/residuals.

Applicable Laws: “Applicable Laws” means all federal, state, county and local laws, regulations, decisions, rules, orders, judgments, decrees, permits, approvals or other requirements of any governmental agency having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, and as may be enacted, issued, or amended thereafter, including, without limitation, City’s Municipal Code and the Act.

Attachment D: “Attachment D” means the Contractor’s rates for the City of San Marino Residential Single-Family, Residential Estate, Multi-Family and Commercial customers.

Attachment D encompasses Attachment D-1, Attachment D-2 and Attachment D-3. Attachment D-1 includes the rates to be charged from May 31, 2025 through September 30, 2025 which are the rates charged by the City’s previous hauler. Attachment D-2 includes the rates for Two-Stream Collection Service to be charged from October 1, 2025 throughout the Term. Attachment D-3 includes the rates for Three-Stream Collection Service to be charged if Contractor’s High Diversion Organics Waste Processing Facility (HDOWPF) loses its CalRecycle HDOWPF designation as described in Sections 5.12 and 14.02.C of the Agreement.

Authorized Customer Representative: “Authorized Customer Representative” means the Person (including but not limited to, the owner or on-site manager) who has decision-making authority to subscribe to Collection services provided by Contractor and to approve payment of the bills for Co-collected MSW/Recyclables, MSW, Recyclable Materials, Food Scrap/Yard Trimmings and all other Collection services provided by Contractor. The Authorized Customer Representative may be the Resident themselves, or for an HOA or gated community the Authorized Customer Representative may be the property management company, property manager or other designee hired or appointed by the board of the HOA or the community. In cases where a Customer has retained the services of a waste broker or waste arranger, the Authorized Customer Representative is the Person who has been given the decision-making authority by the Customer for the subject Residential Premises within the City.

Backyard Service Vehicle or BYS Vehicle: “Backyard Service Vehicle”, Residential BYS Vehicle” or “BYS Vehicle” means pickup truck vehicles, burro vehicles or electric golf carts. Pickup trucks or burro vehicles would include a split modified bed that are used to Collect Co-collected MSW/Recyclables, MSW, Recyclable Materials, Co-collected Food Scraps/Yard Trimmings, Source-Separated Yard Trimmings, Source-Separated Food Scraps and/or other types of materials from Residential dwellings and Estates. Materials in Carts in the back and/or side yards of the dwelling are manually transported to the vehicle by the driver. The electric golf cart vehicles would be used to transport Carts to/from the back and/or side yard of the dwellings for curbside collection service.

Backyard/Sideyard Service: “Backyard/Sideyard Service” or “Backyard/Sideyard Collection” means Collection of Co-collected MSW/Recyclable Materials, MSW, Recyclables and Food Scraps/Yard Trimmings at a Single Family dwelling Premises from the side yard, back yard, behind a gate or other location requiring the driver to exit the Collection vehicle to retrieve the Carts, manually transport the Carts to the Collection Vehicle, empty the Carts and return the Carts to their original location. Backyard/Sideyard Collection is included in the base Residential rate in Attachment D.

ATTACHMENT A
Definitions
Attachment A Page 3 of 14
Bin or Bins: “Bin” or “Bins” means open top rectangular containers with wheels, with plastic or metal lids, used for storage of MSW, Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris, or other materials to be Collected by Contractor. Typical sizes of Bins include 1 cubic yard, 1.5 cubic yards, 2 cubic yards, 3 cubic yards, 4 cubic yards and 6 cubic yards. See also “Split Bins.”
Bulky Items: “Bulky Items” means furniture, mattresses, couches and loveseats (including sleeper sofas), chairs and other small pieces of furniture, water heaters, refrigerators, ranges, washers, dryers, dishwashers, and other similar items (often referred to as “white goods”), and other large, bulky or heavy objects not normally discarded on a regular basis at Residences including Single Family Dwellings, Residential Estates, Multi-Family Dwellings and Commercial and Business Establishments. Bulky Items must not be more than eight (8) feet in length, or more than four (4) feet wide, and must not exceed once hundred fifty (150) pounds. Bulky Items does not include the following: automobile bodies, Construction and Demolition Debris, tires, oil, antifreeze and other hazardous substances, Household Hazardous Waste, Electronic Waste, Universal Waste, fluorescent bulbs, household batteries, MSW, Recyclable Materials, Food Scraps, or items requiring more than two (2) persons to remove.

CalRecycle: “CalRecycle” means the California Department of Resources Recycling and Recovery, the successor agency to the former California Integrated Waste Management Board.

Cart: “Cart” means a plastic Container with a hinged lid and wheels, having a capacity of 32-35 gallons, 64-65 gallons or 90-95 gallons that is emptied by an automated or semi-automated truck with a mechanical arm or is emptied into a Collection vehicle manually or using Cart Grippers, Cart lifters or Cart tippers.

City: “City” means the City of San Marino, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term.

City’s Day-to-Day Contact Person: “City’s Day-to-Day Contact Person” means the employee of Contractor described in Section 8.05.I of the Agreement and so designated in the list of “Personnel to be Provided by Contractor” in Attachment Y.

Clean Materials Recovery Facility (Clean MRF): “Clean Materials Recovery Facility” or “Clean MRF” means a MRF, or that portion of a MRF that processes Recyclable Materials such as SingleMaterial Recyclables and Single Stream Recyclable Materials, containing no more than the maximum Residue allowed by CalRecycle permit regulations (10% Residue).

Collection: “Collection” or “Collect” means the taking of physical possession of MSW, Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris or other materials from Customers, and their transport to a Processing Facility, transfer station or landfill.

Commercial and Business Establishments or Commercial: “Commercial and Business Establishments” or “Commercial” means any premises occupied by stores, offices, office buildings, federal, state and local government offices (excluding schools), warehouses, factories, hotels, motels, restaurants and other Commercial facilities providing goods or services and all other premises used for other purposes than dwelling houses. For purposes of the

ATTACHMENT A
Definitions
Attachment A Page 4 of 14
implementation of programs described in Attachment B, all Tonnage tracking and reporting described in Article 11, “Commercial Tons” shall include only Tons Collected from Commercial and Business Establishments and shall not include any Tons Collected from Multi-Family Carts or Bins or Estate Bins or Carts. [See Article 11.]
Community Composting Site: “Community Composting Site” means any activity that Composts Yard Trimmings, Food Scraps, and agricultural material alone or in combination, and the total amount of feedstock and Compost on-site at any time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in CCR 17855(a)(4).

Compactor: “Compactor” means an enclosed rectangular or square metal container containing a ramrod to condense and compress the contents, and is typically used to store MSW, Yard Trimmings, Recyclable Materials, Food Scraps, or other materials. Compactors may be small (3 cubic yards and 4 cubic yards) for use on Commercial Premises, or large (10 cubic yards, 20 cubic yards, 30 cubic yards and 40 cubic yards) for use at large Commercial businesses, construction sites, hotels, supermarkets and other large retail stores. A special vehicle equipped with hooks and a winch to pull the Compactor on to the railed bed of the vehicle transports compactors.

Compost: “Compost” is the product resulting from the controlled biological decomposition of organic material that are source-separated from the MSW stream and that has been sanitized through the generation of heat and processed to further reduce pathogens’ (PFRP), as defined by the U.S. EPA (Code of Federal Regulations Title 40, Part 503, Appendix B, Section B), and stabilized to the point that it is beneficial to plant growth.

Compost Appliance: “Compost Appliance” means an enclosed on-site device that utilizes aerobic microbial digestion of food scraps to produce compost or other soil amendment(s).

Compost Appliances may be utilized by residents, restaurants, hospitals, cafeterias and any other generators of Food Scraps.

Compost Facility: “Compost Facility” means a facility that processes one or more of the following that have been source-separated from MSW: Food Scraps, Yard Trimmings, Wood, and FoodSoiled Paper (such as paper napkins and paper towels) by means of outdoor windrow composting, aerated static pile composting, covered composting, vermiculture, or other outdoor composting methods or covered composting with use of either finished Compost or fabric, synthetic or other type(s) of cover(s) applied to the compost piles. Compost Facility also includes in-vessel Composting that is not anerobic digestion.

Composting: “Composting” means the creation of Compost.

Compost Products: “Compost Products” means mulch, gravel, soil amendments, special Compost blends (such as for specific agricultural uses or crops) and all other products created or produced from Food Scraps, Wood, and/or Yard Trimmings Collected from within City.

Construction and Demolition (C&D) Debris: “Construction and Demolition Debris” or “C&D Debris” means all inert material of every nature, description or kind, which has resulted from the building or demolition of a structure, pavements, sidewalks, curbs, gutters, and other concrete

ATTACHMENT A
Definitions
Attachment A Page 5 of 14
structures, including all lumber scraps, shingles, plaster, sheetrock, packaging, rubble, brick, stone, concrete, asphalt, dirt, rock and other building materials.

Construction and Demolition (C&D) Debris Processing Facility: “Construction and Demolition (C&D) Processing Facility” means a facility that accepts C&D Debris for separation.

Materials separated may be further processed to prepare them for sale or re-use (e.g. removing nails from wood, grinding of concrete and asphalt). The facility then markets the materials for reuse.

Container or Containers: “Container” or “Containers” means any object designed and used to hold MSW, Recyclable Materials, Food Scraps, Yard Trimmings or Construction and Demolition Debris to be Collected by the Contractor. Containers include Carts, Bins, Split Bins, open-top Roll Off Boxes, and Compactors.

Containerized: “Containerized” means MSW, Recyclable Materials, and Food Scraps/Yard Trimmings placed in a Cart or a Bin with the lid in a fully closed position. Containerized also includes MSW, Recyclable Materials, and Food Scraps/Yard Trimmings placed in a Roll Off Box (See also the definition of ‘Non-containerized”.)
Contamination or “Contaminant”: “Contamination” or “Contaminant” means materials which are not specified for Collection in particular Carts, Bins or Roll Off Boxes or for processing at any Processing Facility and which would either interfere with such processing or reduce the quality and value of the Recovered Materials. For example, glass, metals and plastics constitute “Contamination” if placed in a green Cart designated to contain only Food Scraps and Yard Trimmings. Tree trimmings constitute “Contamination” if placed in a blue Recyclable Materials Cart. Contamination of MSW means the presence of Divertible Materials in the MSW Cart such as Recyclable Materials, Food Scraps, and/or Yard Trimmings. SB 1383 requires Contamination minimization to a level of twenty-five percent (25%) in each type of container (MSW/Recyclable Materials and Food Scraps/Yard Trimmings).

Contractor: “Contractor” means Valley Vista Services, Inc.

County: “County” means the County of Los Angeles.

Customer: “Customer” means the owner, occupant, tenant or user of Premises at which MSW, Recyclable Materials, Yard Trimmings, Food Scraps, Bulky Items, Electronic Waste, Universal Waste and/or Household Hazardous Waste is generated and collected by Contractor. The Customer is the Person Generating such materials. The Customer may be a separate Person from the Authorized Customer Representative, who may arrange for and/or pay for, Collection service provided by Contractor.

Dirty MRF or Dirty Materials Recovery Facility: “Dirty MRF” or “Dirty Materials Recovery Facility” means a facility or that certain portion of a facility that processes MSW to separate Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris and other Divertible Materials for sale to end users. Prior to the promulgation of SB 1383 regulations, Dirty MRF’s were used to separate materials that were not source-separated by the generator (e.g. MSW, Food Scraps and Yard Trimmings all collected in the same Container). SB 1383

ATTACHMENT A
Definitions
Attachment A Page 6 of 14
regulations prohibit the use of a materials recovery facility for this purpose unless it is classified as a High Diversion Organic Waste Processing Facility by CalRecycle.

Divertible or Divertible Materials: “Divertible” or “Divertible Materials” means Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris, Food Soiled Paper, Electronic Waste, Universal Waste, and all other materials that can be diverted from Disposal. Divertible Materials includes, but is not limited to, all materials required to be Diverted from Disposal by City, CalRecycle or any state or federal agency.

Disabled Persons: “Disabled Persons” means Customers that have been issued a handicapped placard from the California Department of Motor Vehicles, received written documentation from a medical doctor, or otherwise obtained approval to receive special Disabled Person services pursuant to this Agreement.

Disposal: “Disposal” or “Disposed” means the burying of MSW at a fully permitted landfill.

Disposal Charge: “Disposal Charge” means the cost, charge or tip fee at a Disposal Site that is paid by Contractor.

Disposal Site: “Disposal Site” means the City-designated landfill(s), or other facility(ies) used for the Disposal of MSW. “Disposal Site” also includes the City-designated transfer station(s) used to transfer MSW delivered in Collection vehicles into larger trucks and trailers which transport the MSW to the City-designated landfill(s).

Diversion: “Diversion” or “to Divert” means any combination of Recycling, sorting, Composting, and/or other Processing activities conducted at a Clean MRF, a High Diversion Organics Waste Processing Facility (HDOWPF), a Compost Facility, a Construction and Demolition Debris Processing Facility or another City-approved Processing Facility in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution or to otherwise return the materials to the economic marketplace and to prevent the materials from being Disposed in a landfill.

Diversion Programs: “Diversion Programs” means Collection of Recyclable Materials, Yard Trimmings, Food Scraps, Wood, Construction and Demolition Debris, and processing of said materials at a Clean MRF, a High Diversion Organics Waste Processing Facility (HDOWPF), a Compost Facility, a Construction and Demolition Debris Processing Facility or other Processing Facility. Diversion Programs include all programs operated by the Contractor, the City, Residents, Businesses, Customers or other Persons that have the effect of diverting MSW from landfill.

Diversion Programs includes all of the programs included in the City’s Source Reduction and Recycling Element and all of the programs included in Attachment B and in the Agreement.

Edible Food For Human Consumption: “Edible Food For Human Consumption” or “Edible Food” means food that has been prepared but not served, and includes but is not limited to:
appetizers, soups, salads, entrees, desserts, raw fruits and vegetables that may or may not have been sliced, grated, cooked, baked, or otherwise prepared for consumption but not served, packaged sandwiches, salads, fruits and fruit salad, and other non-served food that meets state and local requirements as being edible for human consumption.

Effective Date: “Effective Date” means the date identified in Section 3.01.

ATTACHMENT A
Definitions
Attachment A Page 7 of 14
Electronic Waste (E-waste): “Electronic Waste” or “E-Waste” includes any electronic device that is identified as hazardous waste because it either exhibits the characteristic of toxicity as specified in Article 3 of Chapter 11 of Division 4.5 of the California ‘code of Regulations, and/or is a listed hazardous waste as specified in Article 4.1 of Chapter 11 of Division 4.5 of the California Code of Regulations. Electronic Waste includes battery embedded products containing a battery that is not designed to be easily removed from the product using common household tools.

Electronic Waste includes video display devices with a screen size that is greater than four inches (4”) in size measured diagonally and which the California Department of Toxic Substances Control determines that, when discarded or Disposed would be a hazardous waste pursuant to Chapter

6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. Electronic Waste includes but is not limited to, discarded televisions, television screens, computer monitors, plasma television screens, computer-related items, printers, copiers, stereos, speakers, scanners, cables, computer CPU’s, LED screens and monitors, computer keyboards, computer mouse, printers, multi-function desktop machines (such as a combination printer/fax/copier), LED bulbs, VCR’s, DVD/CD/tape players, cellular telephones, microwave ovens, toasters, irons, and other corded appliances that are banned from Disposal in a landfill.

Environmental Laws: “Environmental Laws” means all federal and state statutes, county and city ordinances concerning public health, safety and the environment including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.

Section 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Federal Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Federal Clean Water Act, 33 U.S.C. Section 1251 et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. Section 11001 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the California Integrated Waste Management Act, California Public Resources Code Section 40000 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code Section 25100 et seq.; the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code Section 25249.5 et seq.; the California Clean Air Act, Health and Safety Code Sections 39000 et seq.; the California Hazardous Materials Response Plan and Inventory Act, Health and Safety Code Sections 25500 et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.

Estate: “Estate” means a Residential property that has at least one (1) Bin of any size that is Collected by Contractor. The Bin may be for MSW, Recyclable Materials, or Food Scraps/Yard Trimmings. Many Estates have multiple Bins. An Estate may also have one (1) or more Carts that are Collected by Contractor.

Extra Bins: “Extra Bins” means Bins requested by an Estate Customer that exceed the number of Bins provided to the Customer in the “bundle” of Bins and Carts the Customer selected (See Attachment B).

Extra Carts: “Extra Carts” means Carts requested by a Single Family Dwelling Customer that exceed the number of Carts provided to Residential Customers in the basic residential service. “Extra Carts also includes Carts requested by an Estate Customer that exceed the number of Carts provided to the Customer in the “bundle” of Bins and Carts the Customer selected (See Attachment B).

ATTACHMENT A
Definitions
Attachment A Page 8 of 14
Food Scraps: “Food Scraps” means material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from MSW. Food Scraps include surplus or unsold Edible Food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables and culls, and plate scrapings. Food Scraps includes, without limitation, Food Scraps from food facilities as defined in California Health and Safety Code Section 113789, food processing establishments (as defined in California Health and Safety Code Section 111955), grocery stores, farmer’s markets, institutional cafeterias (such as schools, hospitals and assisted living facilities), restaurants, and residential Food Scraps. Food Scraps does not include Food Soiled Paper.
“Food Scraps/Yard Trimmings” or “Co-collected Food Scraps/Yard Trimmings or “Cocollected”: “Food Scraps/Yard Trimmings or “Co-collected Food Scraps/Yard Trimmings or “Cocollected” means Food Scraps and Yard Trimmings that are placed in the same Container by the Generator and Collected by Contractor in a single vehicle and transported to the City-approved High Diversion Organics Waste Processing Facility (HDOWPF) for processing, a Compost Facility for Composting and/or an Anaerobic Digestion Facility for processing.

Food Scrap Processing Facility: “Food Scrap Processing Facility” means the City-approved Compost Facility, and/or other City-approved Processing Facility used to process Food Scraps Collected by Contractor in the City.

Food Soiled Paper: “Food Soiled Paper” means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags, cardboard and wax-coated cardboard produce boxes. “Food Soiled Paper” does not include polystyrene, diapers, aluminum foil or foil-lined food wrap.

Fully Implemented Diversion Program: “Fully Implemented Diversion Program” or “Fully Implemented” means a program established at a Customer as required by SB 1383 wherein the Customer separates materials into two (2) Containers for a Two-Stream Collection system:

MSW/Recyclables and Food Scraps/Yard Trimmings or into three (3) Containers for a ThreeStream Collection system: MSW, Recyclable Materials, and Food Scraps/Yard Trimmings. To establish a “Fully Implemented Diversion Program” the Contractor must complete all fifteen (15) steps for program implementation listed in Sections 3.7 and 3.16 of Attachment B. The completed program must minimize Contamination in both Containers of materials for a Two-Stream Collection system or all three (3) Containers of materials for a Three-Stream Collection system such that Contamination is at or below twenty-five percent (25%).

Generate: “Generate” means to bring into existence or create, or to use, maintain or possess an item, material or product, the result of which such creation, bringing into existence, use, maintenance or possession is that the item, material or product first becomes, or is converted, transformed, evolved to, or deemed as MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Construction and Demolition Debris or other materials.

Generator: “Generator” means a Person who Generates MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Household Hazardous Waste, Bulky Items, Construction and Demolition Debris or other materials.

ATTACHMENT A
Definitions
Attachment A Page 9 of 14
Green Waste: See “Yard Trimmings”
Hazardous Waste: “Hazardous Waste” means as defined in Section 13.05 of the Agreement.

High Diversion Organics Processing Facility (HDOWPF): A “High Diversion MRF” or “High Diversion Organic Waste Processing Facility” (HDOWPF) means a facility that is in compliance with reporting requirements of 14 CCR, Division 7, Chapter 12 Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent (50%) between January 1, 2022 and December 31. 2024, and seventy-five percent (75%) after January 1, 2025 as calculated pursuant to Section 18815.59 (e) for organic waste received from a mixed waste organic collection stream as defined in Section 17401(a)(11.5).

Household Hazardous Waste (HHW): “Household Hazardous Waste” or “HHW” means all Hazardous Waste generated incidental to owning or maintaining a place of residence. Household Hazardous Waste does not include any waste generated in the course of operating a business or commercial activity at a residence or at any Commercial Business Establishment. Typical Household Hazardous Waste include (a) cleaning products such as oven cleaners, rug and floor cleaners, furniture polish, drain cleaners and solvents; (b) automobile maintenance products such as car waxes, starting fluids, solvent cleaners, antifreeze, repair products, batteries, brake fluid, motor oil, used oil filters and gasoline; (c) home improvement products including oil-based stains, oil-based paints, liquid latex paint, caulking, varnish, paint thinners, chemical strippers, insect repellants, insecticides, pesticides, kerosene, lighter fluid and pool chemicals; (d) personal care items including nail polish and remover, hair color, and (e) Sharps. For purposes of the Diversion Programs in the Agreement, HHW also includes Electronic Waste, Universal Waste, Sharps, Pharmaceutical Wastes (if and when directed by the City), and all materials listed in Section 4.2 of Attachment B.

HHW does not include biological waste, ammunition, explosives, appliances, asbestos, commercial chemicals, construction-related materials, fire extinguishers, Food Scraps, cooking oil, grease, gas cylinders/pressurized cylinders, liquid mercury/elemental mercury, broken items that contain mercury, radioactive materials, tires, automobile parts, MSW, or Bulky Items.

Implementation Record: “Implementation Record” means all the records the City is required to maintain pursuant to Section 18995.2 of the SB 1383 regulations including but not limited to, tonnages of MSW collected, and tonnages of Food Scraps, Yard Trimmings, Recyclable Materials and Construction and Demolition Debris Collected, Processed, Diverted and the quantity of Residue Disposed from processing of the Collected materials, all records of public education and outreach materials produced and distributed in City, all records of the results of Contamination Audits, Characterizations and records pertaining to tracing back Contamination to the Generator(s) causing the Contamination.

Indemnitees or “Indemnified Parties”: “Indemnitees” or “Indemnified Parties” means as defined in Section 13.01 of the Agreement.

Institutional Customer: “Institutional Customer” means an assisted living facility, the Huntington Library and other similar Customers that generate a unique-to-service waste and recycling stream and/or require specialized public education materials that address their specific operations.

ATTACHMENT A
Definitions
Attachment A Page 10 of 14
Interim Period: “Interim Period” means the nineteen (19) month period between the commencement of Collection operations in City by Contractor and the date by which Contractor is required to provide new Collection and auxiliary vehicles for operations in City and new Containers for all Customers as described in Sections 3.02 and 8.03.C of the Agreement. The Interim Period is May 31, 2025 through December 31, 2026.

Interim Vehicles and Interim Auxiliary Vehicles: “Interim Vehicles” and “Interim Auxiliary Vehicles” mean the vehicles provided by Contractor listed in Attachment F-2, for the Interim Period which begins with the start of Collection operations in City and ends nineteen (19) months thereafter, as described in Section 3.02 of the Agreement.

Materials Recovery Facility (MRF): See “Clean MRF” and “High Diversion Organics Waste Processing Facility” (HDOWPF).

Monthly Report: “Monthly Report” means the report required to be submitted to the City on a monthly basis as described in Attachment K.

Multi-Family: “Multi-family” means a building, dwelling unit or complex containing one (1) or more dwelling units and that receives centralized Collection service from Bins and Carts, compactors and/or Roll Off Boxes in enclosures or other designated areas. Apartment complexes, condominiums, townhouses, gated developments, and similarly configured housing complexes are included if they have centralized service. Multi-Family does not include single-family Residences, duplexes, tri-plexes, four-plexes, Estates or any Residences that have individual Cart Collection service. Multi-Family includes all future Multi Family complexes and units that are constructed and occupied during the Term.

Municipal Solid Waste (MSW): “Municipal Solid Waste” or “MSW” is the variable portion of all non-hazardous discarded materials that is left over after all Diversion Programs are utilized by the owners and/or occupants of all Premises in the City.

MSW does not include (1) Hazardous Waste, (2) low-level radioactive waste regulated under California Health and Safety Code Sections 25800, et seq., or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Sections 25015, et seq.

Non-containerized: “Non-containerized” means (a) any materials placed inside a Cart or a Bin that prevent the complete closure of the Cart lid at a Single family Dwelling, Multi-Family Dwelling or a Commercial Business Establishment; (b) any materials strewn on the ground beside, under or around a Cart or Bin; (c) materials piled on or around a Cart, or Bin; (d) materials in cardboard boxes, plastic bags, and/lor bundled materials that are outside a Cart or Bin, and (e) any materials (including loose materials, bagged materials or materials in a cardboard or other type of box) that are stacked on top of a Cart or Bin. All materials not inside the closed-lidded Cart are considered Non-containerized. (See also definition of “Containerized”) Overfull or Overfilled Bin(s)/Cart(s): “Overfull or Overfilled Bin(s)/Cart(s)” (sometimes referred to in the industry as overage) means a Bin/Cart at a Commercial or Multi-Family Premises (if any) that exceeds its stated volumetric capacity by a minimum of 125%.

ATTACHMENT A
Definitions
Attachment A Page 11 of 14
The following do not constitute an instance of an Overfull Bin/Cart:
(1) Bulky Items that are placed out for Collection and for which the Customer has scheduled a Collection appointment with Contractor as described in Section 4 of Attachment B; (2) cardboard boxes that have been broken down and flattened, and placed next to or near a Bin/Cart for Recycling; and
(3) cardboard bales (or other baled materials) that are not placed in a Bin/Cart, but are baled and placed next to or near a Bin/Cart for Recycling.

The steps required for Contractor to take when encountering Overfull Bin(s)/Cart(s) are described in Section 3.10 of Attachment B.

Person: “Person” includes any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County, municipality or special purpose district or any other entity whatsoever.

Premises: “Premises” means any land or building in the City where MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps and/or Construction and Demolition Debris is Generated or accumulated.

Processing Facilities: “Processing Facilities” means facilities where the following activities are conducted: sorting, cleaning, treating, Composting, and reconstituting Collected materials and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards of the market place. Processing Facilities include the Clean Materials Recovery Facility, High Diversion Organics Waste Processing Facilities (HDOWPF), Composting Facilities, Anaerobic Digestion Facilities, Construction and Demolition Debris sorting facilities, and concrete and asphalt grinding facilities.

Processing Facilities does not include Waste-to-Energy, Biomass, thermal destruction, or any type of Transformation facilities.

Producer’s Price Index: “Producer’s Price Index” or “PPI” means as defined in Attachment J.

Public Information and Consumer Education: “Public Information and Consumer Education” or “Public Information” means all materials prepared for distribution to Customers and the general public in City to inform them about Diversion programs, the MSW and Divertible Materials Collection and Processing system, available services and costs, all aspects of Recycling and Special Services provided by Contractor pursuant to the Agreement, and all services, programs and other activities sponsored or endorsed by City. Public Information and Consumer Education includes, but is not limited to the following: brochures, bill inserts, flyers, posters, training materials, hang tags for Containers, letters, pamphlets, postcards, videos, e-mails, eblasts, social media postings, website page content, mobile phone texts and dial-out messages.

Recovered Materials: “Recovered Materials” means those materials that are processed at a MRF, Compost Facility or any other Processing Facility and thus Diverted from Disposal.

Recyclable Materials: “Recyclable Materials” means material which otherwise would become, or be treated as, MSW but which, by means of a process of collecting, sorting, cleansing, treating, and/or reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the marketplace. “Recyclable Materials” includes Single-Stream Recyclable Materials and Single Material Recyclables. Recyclable Materials includes, but is not limited to, paper, books, magazines,

ATTACHMENT A
Definitions
Attachment A Page 12 of 14
cardboard boxes, plastics made of resin numbers 1-7, metals, glass, and other similar materials authorized by the City for Collection by the Contractor. Recyclable Materials does not include Food Scraps, Yard Trimmings or Construction and Demolition Debris.

Recycle/Recycling: “Recycle” and “Recycling” mean the process of Collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become MSW and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards to be used in the marketplace.

Recycling Coordinator: “Recycling Coordinator” means the employee of Contractor described in Section 8.05.H of the Agreement
Red/Green Tracking Spreadsheet: “Red/Green Tracking Spreadsheet” means the Excel spreadsheet (or other similar software spreadsheet) referred to in Article 11 and in Attachment K.

The Red/Green Tracking Spreadsheet is created and maintained by Contractor and used by Contractor and City to document all contacts made with Customers concerning implementation of Diversion Programs, identification of Contamination, and to document and track Contractor’s completion of the Diversion Program implementation tasks listed in Section 3.7 of Attachment B.

Residential Customer or “Resident”: “Residential Customer” or “Resident” means a Customer that owns, rents, leases or otherwise legally inhabits a Single Family or Multi-Family Premises.

Residue: “Residue” means the MSW destined for Disposal which remains after processing at a MRF, High Diversion Organics Waste Processing Facility, Compost Facility, or other Processing Facility has taken place in accordance with the Applicable Law. The percent of Residue is calculated by dividing the weight of the Residue by the weight of the total materials delivered for processing at the facility.

SB Waiver or to Waive SB 1383 Requirements: “SB 1383 Waiver” or “to Waive SB 1383 Requirements” means the City’s action to grant an SB 1383 Waiver for a Generator’s obligation to implement SB 1383 Diversion Programs.

Sharps: “Sharps” means new or used syringes, lancets and needles. Pursuant to state and federal law, Sharps cannot be Disposed as MSW in a landfill, but instead must be separately handled as medical waste.
“Single Family Dwelling” or “Single Family Premises”: “Single Family Dwelling” or “Single Family Premises” or “Residence” or “Residential” includes single-family dwellings, duplexes, triplexes, four-plexes, Multi-family dwellings (such as townhouses, apartments, and condominiums), that are provided individual Collection service for Carts from the Backyard or Sideyard of each dwelling unit. Dwelling units located in a building or complex that has centralized Bin and/or Cart Collection service are defined as “Multi-Family” for purposes of the Agreement. (See the definition of Multi-Family).

Single Pass Vehicle: “Single Pass Vehicle” means a Collection vehicle containing a divider between two separate compartments in the truck body that allows Collection of two different types of materials during a single stop at a Residence or Commercial business. For example, a Single Pass Vehicle may collect both MSW and Recyclable Materials, MSW and Food Scraps/Yard

ATTACHMENT A
Definitions
Attachment A Page 13 of 14
Trimmings, or MSW/Recyclable Materials and Food Scraps/Yard Trimmings at each stop along a route. The materials are emptied into the respective sides of the truck body and kept separate until each type of material is emptied at the Processing Facility or the Disposal Facility.

Source Separated: “Source Separated” means a material that is separated from MSW and from other Divertible Materials by the Generator, Customer or Tenant and placed in a separate and distinct Container (e.g. a Cart and/or a Bin) for Collection by Contractor. Examples of Source Separated materials include Source Separated Food Scraps (Food Scraps that are in a separate Container and not commingled with Yard Trimmings) and Source Separated Yard Trimmings that are not commingled with Food Scraps but are placed in a separate and distinct Container for Collection.

Split Bins “Split Bins” means Bins that have a divider down the middle, dividing the Bin into two separate compartments. Such Bins have separate locking lids for each side of the Bin allowing the Bin to be emptied one side at a time. The lid on the side of the Bin that is for storage of Recyclable Materials is designed such that it allows for the placement of Recyclable Materials in the Bin without unlocking or opening the lid, and yet does not allow Recyclable Materials to spill out when the lid is closed and locked for the emptying of the opposite side of the Bin. The other side of the Bin may contain MSW or other materials. Typical sizes of Split Bins include 2 cubic yards, 3 cubic yards and 4 cubic yards.

Term: “Term” means the Term of this Agreement as specified in Section 3.02.

Three-Stream Collection System: “Three-Stream Collection System” or “Three-Container Collection System” means collection of three streams: MSW, Recyclable Materials and CoCollection of Yard Trimmings/Food Scraps.

Ton: “Ton” means a short ton of 2,000 pounds avoirdupois.

Transformation Facility: “Transformation Facility” means a facility utilizing incineration, pyrolysis, distillation, or biological conversion other than Composting and does not include Composting, gasification, biomass conversion or “wet” or “dry” Anaerobic Digestion. [See Article 7 of the Agreement for the prohibition on use of Transformation Facilities for materials Collected within City.]
Two-Stream Collection System: “Two-Stream Collection System” or “Two-Container Collection System” means collection of two streams: Co-collection of MSW/Recyclable Materials and CoCollection of Yard Trimmings/Food Scraps.

Yard Trimmings: “Yard Trimmings” means trimmings from trees or shrubs, plants, grass cuttings, removed or discarded branches, shrubs, plants, leaves or other materials generated from landscapes or gardens.

Wood: “Wood” means all non-hazardous wood material that is not painted with lead-based or other paints containing materials identified as Hazardous Waste, or treated with creosote or other Hazardous materials. Wood includes, but not limited to, tree branches and other wood trimmings, dimensional lumber and other pieces of Wood generated during the manufacture or processing

ATTACHMENT A
Definitions
Attachment A Page 14 of 14
of Wood products, Wood generated as part of the harvesting or processing of raw woody crops, and the Wood debris from construction and demolition activities.

ATTACHMENT B
Scope of Work
Attachment B Scope of Work Page 1 of 60
SECTION 1: CUSTOMER BILLING, PROVISION OF CONTAINERS AND EXTRA SERVICES ...... 4

1.1 Customer Billing. ................................................................................................................................ 4

1.1.1 Residential, Commercial and Multi-Family Billing........................................................................... 5

1.1.2 Roll Off Box Customer Billing. ................................................................................................................. 5

1.1.3 Audit of Estate and Commercial Billings. ............................................................................................. 6

1.1.4 Audit of Single Family Residential Services Provided..................................................................... 6

1.1.5 Service and Billing Records and Access By City. ................................................................................ 6

1.1.6 Billing For Shared Containers. ................................................................................................................ 7

1.2 Changes in Collection Services/Vacation Stops. ...................................................................... 7

1.3 Changes in Scheduled Days of Collection. .................................................................................. 7

1.3.1 Initial Routing For Commencement of Collection Operations. ..................................................... 7

1.3.2 Route Changes After Initial Re-Routing. .............................................................................................. 8

1.4 New Containers for the Collection of MSW, Recyclable Materials and Food Scraps/Yard Trimmings. ................................................................................................................................ 8

1.4.1 Containers for Single Family Dwelling Residential Premises and Estates. ............................... 9

1.4.1.1 Overview of Timing and Distribution of Containers for Residential Dwellings ........... 9

1.4.1.2 Survey of Residential Customers To Determine Number of Carts. ................................... 9

1.4.1.3 Contractor Distribution of New Carts and Bins and Removal of Old Barrels. ............11

1.4.1.4 Carts for Basic Residential Service. ..........................................................................................11

1.4.1.5 Extra Residential Single Family Dwelling Carts and Extra Carts or Bins for Estate Customers. ............................................................................................................................................................11

1.4.2 Containers for Commercial and Business Establishments, Multi-Family Dwellings and City Facilities......................................................................................................................................................................12

1.4.2.1 Sizes and Types of Containers to be Provided. .....................................................................12

1.4.2.2 Contractor Distribution of New Commercial, Multi-Family and City Facility Bins, Carts, Compactors and Roll Off Boxes. .........................................................................................................12

1.4.2.3 Repair, Cleaning and Replacement of Containers. ..............................................................12

1.5 Container Color Coding and Labeling....................................................................................... 13

1.5.1 Color Coding. ..............................................................................................................................................13

1.5.2 Container Labeling and Signage. .........................................................................................................13

1.5.3 Distribution of Recycling Guide to New Customers. ......................................................................14 SECTION 2: RESIDENTIAL SINGLE FAMILY DWELLING AND ESTATE COLLECTION SERVICES .................................................................................................................................................... 15

2.1. Single Family Residence and Estate Residential Basic Level of Service. ..................... 15

2.2. New Residences Constructed and Occupied During the Term. ....................................... 15

2.3. Single Family Residences MSW Collection. ............................................................................ 15

2.4. Single Family Residences Recyclable Materials Diversion Program. ........................... 15

2.4.1. Vehicle Utilization for Materials Diversion Program. .............................................................16

2.4.2. Design and Implementation of a Pilot Co-collected Food Scrap/Yard Trimmings Program. 17

2.5. Monitoring of Contamination in All Residential Single Family and Estate Collection Programs for Attainment of Agreement Performance Requirements. ...................................... 17

2.5.1. Characterization Requirements. ....................................................................................................18

2.5.2. Minimum SB 1383 Performance and Contamination Standards. ........................................18

ATTACHMENT B
Scope of Work
Attachment B Scope of Work Page 2 of 60

2.5.3. Observation and Issuance of Contamination Notices to Customers. ..................................18

2.6. Procedures For Handling Residential Non-Containerized MSW, Recyclable Materials, Food Scraps/Yard Trimmings and Other Materials. .................................................... 20 SECTION 3: SERVICES FOR MULTI-FAMILY AND COMMERCIAL AND BUSINESS ESTABLISHMENT PREMISES ................................................................................................................ 21

3.1 Basic Level of Service. ........................................................................................................................... 21

3.2 MSW Collection........................................................................................................................................ 21

3.3 Diversion Programs. .............................................................................................................................. 21

3.3.1 Recyclable Materials Collection................................................................................................................22

3.3.2 Source-Separated Commercial Food Scrap Collection. .....................................................................22

3.3.3 Source-Separated Yard Trimmings Collection Program. ................................................................. 23

3.3.4 Co-Collected Food Scraps/Yard Trimmings Program. ......................................................................24

3.3.5 Customer Use of Other Methods of Food Scrap Diversion. ..............................................................24

3.3.6 Edible Food Recovery...................................................................................................................................24

3.4 AB 827 Divertible Material Containers for Use by Public. ....................................................... 25

3.5 Not Used .................................................................................................................................................... 25

3.6 Implementation of All Required Diversion Programs at New Multi-Family Dwellings and Commercial and Business Establishments Constructed During the Term and In Event of change in Key Personnel or Business Relocation. ............................................................................. 26

3.7 Required Tasks For Implementation of Diversion Programs. ............................................... 26

3.8 SB 1383 Waivers. .................................................................................................................................... 33

3.9 Observation and Issuance of Contamination Notices to Commercial and Multi-Family Customers. ........................................................................................................................................................ 34

3.10 Requirements for Each Instance of Contractor Encountering Overfull or NonContainerized Commercial and/or Roll-off Containers................................................................... 35

3.11 Other Services To Be Provided........................................................................................................ 35

3.11.1 Miscellaneous Services ............................................................................................................................35

3.11.2 Scout Service ................................................................................................................................................35

3.12 Changes in Collection Services. ....................................................................................................... 36

3.13 Consultations and Technical Assistance. ..................................................................................... 36

3.13.1 Customer Consultations. ..........................................................................................................................36

3.14 Waste Characterizations and Third Party Assessment of Performance Metrics. ......... 36

3.15 Temporary Bin and Roll-Off Services. .......................................................................................... 36

3.16 Construction and Demolition Debris Recycling. ....................................................................... 37 SECTION 4: SPECIAL SERVICES ............................................................................................................ 38

4.1 Complementary Bulky Items Collection Service for Single Family and Estate Premises. .............................................................................................................................................................................. 38

4.2 Holiday Greenery Collection and Recycling.................................................................................. 40

4.3 Community Shredding Events............................................................................................................ 40

4.4 Compost Giveaway Events................................................................................................................... 41

ATTACHMENT B
Scope of Work
Attachment B Scope of Work Page 3 of 60

4.5 City Services. ............................................................................................................................................. 42

4.5.1 City Sponsored Special Events..................................................................................................................42

4.5.2 Large Venue Special Events.......................................................................................................................43

4.5.3 Non-City Sponsored Special Events. .......................................................................................................45

4.5.4 Emergency Collection and Disposal Service. .......................................................................................45

4.5.5 Collection Services at City Facilities. .......................................................................................................46

4.5.6 Collection Services at Schools and the School District......................................................................46

4.5.7 Bulky Item Collection Services for City. ................................................................................................. 46

4.5.8 Street Sweeping Debris. ..............................................................................................................................46 SECTION 5: PUBLIC INFORMATION AND CONSUMER EDUCATION. ........................................ 47

5.1 Ongoing Public Outreach to Be Conducted by Contractor. ..................................................... 47

5.2 Professionally Designed and Produced Public Outreach Materials. ................................... 48

5.2.1 Costs.................................................................................................................................................................. 48

5.3. City Council Presentations ................................................................................................................. 48

5.4 Residential Public Education and Outreach Materials............................................................. 48

5.4.1 Annual Updated Residential and Estate Recycling Guide. ..............................................................48

5.4.2 Semi-Annual Residential Special Programs - Notifications ............................................................49

5.4.3.Collection Day Change – Residential Outreach....................................................................................50

5.5 Property Managers Notice and Meetings. ...................................................................................... 50

5.6 Brochure for Multi-Family and Commercial Yard Trimmings Program. ........................... 51

5.7 Brochure for Commercial and Business Establishments Services. ...................................... 51

5.8 AB 827 Food Scraps Brochure, Training Materials and Signage. ......................................... 52

5.9 SB 1383 Commercial Restaurants Food Scraps Brochure, Training Materials and Signage............................................................................................................................................................... 52

5.10 Special Events Brochures, Training Materials and Signage. ................................................ 53

5.11 Waste Diversion and Recycling Program Social Media Posts. ............................................. 54

5.12 Corrective Action Notice.................................................................................................................... 54

5.13 City Right to Participate in Regional or Joint-Jurisdictional Public Education and Consumer Information Campaigns. ........................................................................................................ 55

5.14 Website. ................................................................................................................................................... 55

5.15 Seminars, Workshops, Presentations, Meetings. ...................................................................... 55

5.16 Non-Bill Mailing Lists. ......................................................................................................................... 55 SECTION 6: MATERIAL STREAMS AND CONTAMINANTS. ........................................................... 56

ATTACHMENT B
Scope of Work
Attachment B Scope of Work Page 4 of 60
SECTION 1: CUSTOMER BILLING, PROVISION OF CONTAINERS

AND EXTRA SERVICES
Requirements for Billing. Effective, May 31, 2025 Contractor shall be responsible for billing and collecting payment from Customers for services rendered pursuant to the Agreement, as more fully described in this Section.

1.1 Customer Billing.

Contractor shall prepare and mail (or provide electronically) bills to all Customers (including Residential, Estates, Multi-Family, Commercial, Institutional, temporary and permanent Roll Off and Compactor) and shall be solely responsible for following all prudent business practices for collection of payments from Customers. The Customer shall choose the method of receipt of the bill and payment of the bill. Contractor shall provide the following Customer options which include, but are not limited to, receiving the bill by mail or by electronic means, and paying the bill by mail, paying by cash, check or credit/debit card at a local Contractor office or by electronic means, with the exception of Roll Off Box Customer billing which is described separately in Section 1.3.3 of this Attachment B. Contractor shall never bill for services not verifiably rendered; if a billing error is made for a service that was not provided then Contractor shall provide a timely refund or credit to the Customer. If Contractor makes an error and fails to bill a Customer for services provided over an extended period of time, Contractor shall only be able to recover payment for the most recent three (3) months of services provided. In such event, Contractor shall discuss the situation with the Customer, issue a bill for up to three (3) months of services provided, and allow the Customer sixty (60) days to pay the bill.

Contractor shall meet all additional billing requirements in Article 14 of the Agreement.

Contractor shall prepare bills for all Customers that clearly and accurately list the rates in effect and charged by Contractor to Customer at the time services were provided (which may not exceed the rates in Attachment D) for the time period in which services will be provided. Bills shall fully explain and display all calculations of each charge. Such charges shall not exceed the rates in Attachment D as adjusted annually pursuant to Article 14 and Attachment J of the Agreement. Contractor shall initially resolve any disputes related to charges to Customers. In the event Contractor cannot resolve a dispute, City may, at its option, review the matter and make a decision. In this event, the decision of the City shall be final.

At City request, Contractor shall submit to City a sample of bill format(s) showing a sample line-item description for each charge, together with an example of a completed bill for an individually-serviced Single Family Dwelling Residential Premises, a Residential Estate Customer, a Commercial and Business Establishment with Recycling, Food Scrap/Yard Trimmings and MSW Collection services, and a temporary Roll Off Box service for review and approval. On or before August 15, 2025 Contractor shall submit to City a draft of a conveniently-sized listing of services and rates that will be in effect as of October 1, 2025

ATTACHMENT B
Scope of Work
Attachment B Scope of Work Page 5 of 60
that may be distributed to, and retained for reference by, all Customers. Once approved by City, the brochure on services and rates shall be mailed to all Customers by September 15, 2025 (unless another schedule is directed by City).

Contractor shall have the ability to include short messages on both mailed and electronic bills that the City can use to increase Customer awareness regarding Diversion programs, notify Customers of rate adjustments, or provide other important information to the Customer. City shall review and approve all billing messages at least 30-days prior to distribution.

In the event of Customer non-payment of bills, Contractor shall be responsible for collecting delinquent charges for services it renders to Customers. Contractor may employ measures, consistent with federal and California laws regulating the collection of debts, to obtain payment of charges including use of its own employees to obtain judgments in Small Claims Court and to enforce such judgments. If Contractor has not received payment within forty-five (45) days of issuance of a bill, Contractor may issue a written notice that it will stop service within fourteen (14) calendar days. Contractor shall notify City of its intent to issue such a notice at least five (5) days prior to sending the notice. If no payment is made, Contractor may remove Carts and/or other Containers that Contractor has provided to the Customer. If City has evidence or other information as to why service should not be stopped, City will confer with Contractor. The decision of City as to whether or not service may be terminated shall be final. Contractor may charge the Resumption of Service Charge in Attachment D once delinquent Customers with terminated service have paid their account in full. Contractor shall include a list of Customers whose service has been terminated for non-payment and a list of Customers for whom service has been restarted after full payments in the monthly reports to the City as required in Attachment K.

1.1.1 Residential, Commercial and Multi-Family Billing.

Contractor shall invoice Single Family Residential Customers quarterly on a monthly or quarterly basis. Whether Customers will be billed in arrears or in advance, and the frequency of Residential billing will be determined as part of the transition discussions between the City and Contractor prior to the start of operations. The decision of the City will be final.

Contractor shall invoice Commercial and Multi-Family Commercial Customers on a monthly basis, in arrears, based upon the size of their Containers and the frequency of Collection, at the rates listed in Attachment D. Changes to container size and frequency that occur during the month will be pro-rated. In the event of non-payment of a bill, Contractor shall follow the procedures described in Section 1 of this Attachment B.

1.1.2 Roll Off Box Customer Billing.

Contractor shall accept major credit cards for payment for permanent and temporary Roll Off Box service. For any Customer electing not to pay with a credit card, Contractor may (a) invoice monthly, or semi-monthly in arrears with payment due within fifteen (15) or

ATTACHMENT B
Scope of Work
Attachment B Scope of Work Page 6 of 60
thirty (30) days from the invoice date (i.e. the beginning of the month or the inception of service); or (b) require Customer to post a security deposit or pay on a “Cash on Delivery” (COD) basis. Any unused portion of a security deposit shall be refunded to the Customer within five (5) business days of the termination of service. Delinquent accounts shall be handled as described in Section 1 of this Attachment B.

1.1.3 Audit of Estate and Commercial Billings.

Contractor shall audit all amounts billed to each Estate and Commercial Customer (including all Multi-family Customers with centralized Bin Collection service) to compare the amount being charged with the level of service, including the size(s) of Container(s) and the frequency of service, on an annual basis beginning in January 1, 2027. Contractor shall submit a written report to City documenting the results of the audit and noting any discrepancies identified and the date upon which the discrepancies were corrected. The report shall be submitted by January 1, 2027and therein each year of the Term.

1.1.4 Audit of Single Family Residential Services Provided.

On or before January 1, 2027 Contractor shall review and audit the level of service being provided to each Individually serviced Residential Single Family Dwelling Customer Said audit shall compare the actual sizes, number and types (MSW, Recyclable Materials, and Food Scrap/Yard Trimmings) of Carts provided to each Customer, frequency of Collection, and any Extra Services provided by Contractor, to the amounts reported to the City for basic Single Family Dwelling Residential services and to the amounts being charged to Customers for Extra Carts. Contractor shall submit a written report to City documenting the results of the audit and noting any discrepancies identified and the date upon which the discrepancies were corrected. The report shall provide a listing to the City of all households that do not have a Cart for the Recyclable Materials Collection program and/or for the Food Scrap/Yard Trimmings Collection program and/or for the MSW Collection program. Contractor shall use results of this audit to determine which Residents to send notice of Extra Carts.

1.1.5 Service and Billing Records and Access By City.

Contractor shall maintain copies of records of all services provided to Customers, and copies of all billing records and receipts, in chronological order, for the entire Term of the Agreement, and for a period of two (2) years following termination of the Agreement, for inspection by the City upon request. The Contractor may maintain these records in electronic form or hard copy, provided records can be preserved and retrieved for inspection and verification in a timely manner, are sufficient to verify accuracy of all services provided, all billings issued, payments made by Customers, and payments to City of the City Regulatory Cost Reimbursement and any other City fees.

ATTACHMENT B
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1.1.6 Billing For Shared Containers.

Single Family Dwelling Residential Customers and Commercial and Business Establishments may request and receive shared Container service and billing. Contractor shall, upon Customer request, divide the rate for a single Container between Customers that are sharing said Container for MSW, Recyclable Materials, Yard Trimmings and/or Food Scraps. Customers requesting to share Container service and billing shall determine each Customers’ share of the Rate in Attachment D for the size of Container and for the type and frequency being provided and submit each Customer’s share of the total monthly billing amount to Contractor. Contractor shall issue separate monthly bills to each Customer based on the monthly billing amounts submitted by Customers requesting to share Container service and billing. Contractor shall provide such billing for shared Containers at no additional charge to the Customers. Contractor shall provide the City with a listing of Customers that subscribe to shared service in the annual reports described in Attachment K.

1.2 Changes in Collection Services/Vacation Stops.

Contractor shall be responsible for: (A) establishing services for new Customers; (B) stopping services and preparing a final billing on a pro-rated basis for a Customer permanently discontinuing service; (C) suspending services at an individually serviced Single Family Residential Premises, an Estate, a Multi-Family Premises or Commercial and Business Establishment one time in a calendar year for a period of up to 60 calendar days for temporary vacation stops. During temporary vacation stops, the Customer shall incur no charges for Collection services not provided and, if Customer is due a refund and/or credit, Contractor shall provide a timely refund or credit to the Customer for payment made in advance of temporary vacation stops. Temporary vacation stops must be for a minimum of thirty (30) days. For temporary vacation stops, Contractor shall not charge the Customer to restart service. If a temporary vacation stop request exceeds sixty (60) calendar days, Contractor may arrange to pick-up the Containers from the Customer and require the Customer to restart service as the account will be considered discontinued.

Contractor shall, for approval by City, develop a procedure and confirmation form to document requests for commencement and termination of, and changes in, service, as well as for temporary vacation stops.

1.3 Changes in Scheduled Days of Collection.

1.3.1 Initial Routing For Commencement of Collection Operations.

Contractor shall notify the City one-hundred twenty (120) days prior to January 1, 2027 if routing for Single Family Dwelling Residential Customers will remain the same as the routing used by Contractor under the prior contract.

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Contractor may request approval from the City one-hundred twenty (120) days prior to January 1, 2027 to change initial routing, i.e. a planned change in the scheduled date of Collection, for Single Family Dwelling Residential Premises and/or Estates to go into effect January 1, 2027. With this request, Contractor shall provide new route maps and new route lists for City’s review. Upon City approval of new route maps and new route lists, Contractor shall notify residents of all changes to their scheduled days of Collection as described in Section 5 of this Attachment B. Collection by the Contractor using the new Collection routes and schedule shall commence on January 1, 2027 or on another date mutually agreed upon by the City and Contractor.

1.3.2 Route Changes After Initial Re-Routing.

Once the initial routing of Collection days for MSW, Yard Trimmings/Food Scraps, and Recyclable Materials has been established as described above in Section 1.5.1 of this Attachment B for Single Family Dwelling Residential Premises and/or Estates, the schedule shall not be changed without the prior written approval of the City. Contractor shall request approval from the City ninety (90) days prior to any planned change in a scheduled day of Collection for any Single-Family Dwelling or Estate Customer. As a condition of approval of such a change, City may require Contractor, at Contractor’s sole expense, to notify all affected Customers of the change by first-class postage,. All details and scheduling of such notice shall be subject to approval by the City.

Scheduled Collection days for MSW, Food Scraps/Yard Trimmings, and Recyclable Materials, may be changed at the request of the occupant or Authorized Customer Representative of any Estate, Commercial and Business Establishment, and Multi-Family Premises, without the approval of City. In the event of a disagreement between Contractor and a Customer at Estates, Commercial and Business Establishments or Multi-family Premises, the City will determine the final schedule of Collection days.

1.4 New Containers for the Collection of MSW, Recyclable Materials and Food Scraps/Yard Trimmings.

Contractor shall replace all Carts, Containers, Bins and all non-Customer-owned Compactors in City (Single Family Dwelling Residential, Multi-Family Dwelling and Commercial and all other Customers) with new containers for all MSW, Recyclables materials, and yard trimmings and food scraps no later than December 31, 2026.

Contractor shall furnish all Containers to Customers as described in this Section 1 of Attachment B.

ATTACHMENT B
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1.4.1 Containers for Single Family Dwelling Residential Premises and Estates.

1.4.1.1 Overview of Timing and Distribution of Containers for Residential Dwellings
Due to the short time frame needed to begin collection services on May 31, 2025, there is an Interim Period where the current existing containers will be allowed to be used. The Interim Period has two timeframes.

Phase 1 which will start on May 31, 2025 and ends on December 31, 2025 and Phase 2 which shall begin on January 1, 2026 and end on December 31, 2026.

The selected Proposer may use the San Marino Residential Single Family, and Residential Estate and/or Commercial containers that are available on JMay 31, 2025. If the selected Proposer needs to add to the Single Family Residential and/or Estate Residential customer’s containers during Phase 1, then Proposer shall provide carts. These carts may be interim in nature through December 31, 2025.

During Phase 2 of the Interim Period (beginning on January 1, 2026) the selected Proposer will begin the purchase and distribution of new containers throughout 2026. All new containers shall be distributed no later than January 1, 2027.

1.4.1.2 Survey of Residential Customers To Determine Number of Carts.

Beginning on January 1, 2026 and throughout calendar year 2026, Contractor shall survey all Single Family Residential Customers to explain the new Residential program, and determine how many Carts they prefer for each material. Contractor shall conduct an in-person door-to-door survey or send a two-part postcard or mailer to each Single Family Residential Customer requesting they mail back the postcard or portion of the mailer with their selection for the basic service of two (2) 35-gallon MSW Carts, two (2) 35-gallon Recyclable Materials Carts and two (2) Food Scraps/Yard Trimmings, or selecting an alternative of one (1) 35-gallon Cart for each material: MSW, Recyclable Materials and/or Food Scraps Yard Trimmings. [Note: The exact Cart sizes and numbers will be filled in prior to the Agreement execution with the selected Proposer based on the Cart sizes proposed.] The postcard shall include the associated rates listed in Attachment D. The postcard shall also include a link to an online survey program that will allow the Customer to make an online selection for new Residential Cart service.

For the Estate Collection Program, beginning on January 1, 2026 and throughout calendar year 2026, Contractor shall survey all Estate Customers to explain the new Estate program, and determine which and how many Containers each Customer prefers for each material. Contractor shall conduct an in-person door-to-door survey or send a two-part postcard or mailer to each Estate Customer requesting they mail back the postcard or portion of the mailer selecting one of the following service “bundles:

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[The list of estate bundles will be updated based upon the Estate bundles proposed by the selected proposer]
(a) one (1) MSW one (1) cubic yard Bin, two (2) 35-gallon Recyclable Materials Carts and two (2) Food Scraps/Yard Trimmings Carts; or
(b) one (1) MSW one and one half (1.5) cubic yard Bin, two (2) 35-gallon Recyclable Materials Carts and two (2) Food Scraps/Yard Trimmings Carts; or (c) one (1) MSW two (2) cubic yard Bin, two (2) 35-gallon Recyclable Materials Carts and two (2) Food Scraps/Yard Trimmings Carts; or
(d) one (1) MSW three (3)-yard Bin, two (2) 35-gallon Recyclable Materials Carts and two (2) Food Scraps/Yard Trimmings 35-gallon Carts; or (e) one (1) Food Scraps/Yard Trimmings one (1) cubic-yard Bin, two (2) 35-gallon Recyclable Materials Carts and two (2) MSW 35-gallon Carts; or (f) one (1) Food Scraps/Yard Trimmings one and one half (1.5) cubic-yard Bin, two (2) 35-gallon Recyclable Materials Carts and two (2) MSW 35-gallon Carts; or (g) one (1) Food Scraps/Yard Trimmings two (2)-yard Bin, two (2) 35-gallon Recyclable Materials Carts and two (2) MSW 35-gallon Carts; [Note: The exact mix of Cart and Bin sizes and numbers will be filled in prior to the Agreement execution with the selected Proposer based on the Cart and Bin sizes proposed.]
One time per year beginning January 1, 2026 Contractor shall allow all Single Family Dwelling Residential and Estate Customers to increase or decrease their service level. If a Single Family or Estate Residential Customer desires to change their level of service including selecting a different size (or sizes) and/or number of Cart(s) for MSW, Recyclable Materials and/or Food Scraps/Yard Trimmings, the Customer may request that Contractor provide the new desired size(s) and numbers of Carts and remove any unneeded Carts. Providing such different size(s) and numbers of Carts and pickup of unneeded Carts shall be provided by Contractor up to one time per year per Customer at no additional charge. If the Customer-requested number of Carts exceeds the number of Carts in the basic residential Single Family or Estate Residential service [basic residential service level to be filled in based upon the number of Cart and Bin sizes proposed] and Contractor has completed distribution of all new Carts and Bins to Customers, the Contractor may charge the Customer for the Extra Carts at the rate in Attachment D.

For Estates, if no “bundle” is selected, Contractor shall select the most applicable of the Estate “bundles” listed in this Section.

ATTACHMENT B
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1.4.1.3 Contractor Distribution of New Carts and Bins and Removal of Old Barrels.

For Single Family Residential Customers, Contractor shall collect all of the existing old Barrels and distribute new Carts such that no Customer is ever without all required Containers for each type of material. For Estate Customers, Contractor shall collect all of the existing old Barrels and Bins and distribute new Carts and Bins such that no Customer is ever without all required Containers for each type of material. shall make arrangements for the old Barrels and Bins to be either recycled or reused. All of the existing (old) Barrels and Bins shall be replaced with the new Carts (and new Carts and Bins for Estate Customers) as described the Implementation Plan in Attachment C of the Agreement on or before January 1, 2027.

1.4.1.4 Carts for Basic Residential Service.

Contractor shall provide each Single Family Dwelling Residential Customer with a minimum of three (3) or four (4) wheeled Carts with lids for the basic level of service: one (1) grey MSW Cart (of the size requested by the Customer), one (1) or two (2) blue Recycling Carts (of the sizes requested by the Customer), and one (1) green Cart for Yard Trimmings/Food Scraps (of the size requested by the Customer) for the rates set forth in Attachment D. [Note: The exact Cart sizes and numbers of the Basic Residential Service will be filled in prior to the Agreement execution with the selected Proposer based on the Basic Service proposed.]

1.4.1.5 Extra Residential Single Family Dwelling Carts and Extra Carts or Bins for Estate Customers.

On or before July 1, 2026 Contractor shall direct mail a targeted notice to all Single Family Residential Premises that they will begin to be charged for Extra Carts above the two (2) Carts for each of the three (3) material types. [Note: The exact Cart sizes and numbers will be filled in prior to the Agreement execution with the selected Proposer based on the number of Cart sizes proposed.] The notice will provide the Customer with Contractor’s contact information to call or e-mail to request removal of extra Carts in order to avoid the charge for Extra Carts.

As of November 1, 2025, Contractor shall direct mail a targeted notice to all Estate Customers that they will begin to be charged for Extra Carts and any Extra Bins that exceed the number of Carts and Bins in the “bundle” selected by the Customer. The notice will provide the Customer with Contractor’s contact information to call or e-mail to request removal of the Extra Carts and or Extra Bins in order to avoid the charge for extra Containers.

Contractor shall not bill Customers for Extra Carts or Extra Bins until distribution of all new carts is completed on or before January 1, 2027.

ATTACHMENT B
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1.4.2 Containers for Commercial and Business Establishments, Multi-Family Dwellings and City Facilities.

No later than January 1, 2027 Contractor shall provide new and unused Containers to Customers of the sizes and types described in Section 1 of this Attachment and Attachments E-1 and E-2.

1.4.2.1 Sizes and Types of Containers to be Provided.

Contractor shall offer and furnish the following sizes and types of wheeled Carts with lids:
thirty-five (35) gallon, sixty-five (65) gallon, and ninety-five (95) gallon for MSW, Recyclable Materials, Co-collected Food Scraps/Yard Trimmings, and Yard Trimmings.

The Carts shall meet the specifications listed in Attachment E-1 and shall be color-coded as described in this Section 1.5 of Attachment B. Contractor shall also offer and furnish the following sizes and types of Bins, Compactors and Roll Off Boxes: one (1) cubic yard, one and one-half (1.5) cubic yard, two (2) cubic yard, three (3) cubic yard, four (4) cubic yard, six (6) cubic yard Bins; Split two (2) cubic yard Bins, Split three (3) cubic yard Bins, Split four (4) yard Bins; three (3) cubic yard Bin Compactors, and four (4) cubic yard Bin Compactors; ten (10) cubic yard, twenty (20) cubic yard, thirty (30) cubic yard and forty (40) cubic yard Roll Off Boxes. Contractor shall mark all Bins, Bin Compactors, Roll Off Boxes and Contractor-owned Compactors with a reflector on each side.

1.4.2.2 Contractor Distribution of New Commercial, Multi-Family and City Facility Bins, Carts, Compactors and Roll Off Boxes.

Contractor shall collect all of the existing old Barrels, Carts and Bins. Contractor shall make arrangements for old Barrels, Bins or Carts to be either recycled or reused.

Contractor shall adhere to the schedule and plan for, Cart, Bin, Compactor and Roll Off Box distribution and collection of the old Barrels, Bins, Compactors and Roll Off Boxes in the Implementation Plan in Attachment C All of the existing (old) Containers shall be replaced with the new as described herein, on or before January 1, 2027.

1.4.2.3 Repair, Cleaning and Replacement of Containers.

During the entire Term of the Contract, Contractor shall maintain an adequate inventory of Carts, Bins, Roll Off Boxes and all other Containers to fulfill and meet all needs of Customers in City as listed in Attachment E-2. Contractor shall be responsible for the repair and replacement of all Carts and Containers that are broken, damaged, tagged with graffiti, lost, or stolen. Contractor shall replace any Customer-damaged Carts up to a maximum of two (2) per year at no charge. For the third and any subsequent Customerdamaged Carts, Contractor shall charge the rate in Attachment D. Contractor may charge the rate in Attachment D for the repair, refurbishment and replacement of non-Contractorowned Compactors. The Contractor shall submit, on a quarterly basis, a report showing the inventory of all Carts and Containers as well as a record of the replacement and repair schedule for the prior ninety (90) days. Upon Customer request, Contractor shall allow Customers to switch to a different sized Cart or Container for MSW, Recyclable and/or

ATTACHMENT B
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Yard Trimmings/Food Scraps materials.

1.5 Container Color Coding and Labeling.

1.5.1 Color Coding.

All Containers shall be of a uniform color including the body and the lid. The color-coding scheme for all Residential Carts (Single Family and Estate Customers) shall be black for MSW Carts, green for Yard Trimmings/Food Scraps Carts, and blue for Recyclable Materials Carts.

The color-coding scheme for all Multi-Family Dwelling Carts shall be black for MSW Carts, green for Yard Trimmings/Food Scraps Carts, and blue for Recyclable Materials Carts.

The color-coding scheme for all Commercial Carts shall be the same as for Residential and Multi-Family Carts.

The color-coding scheme for Multi-Family Dwelling Bins shall be grey for MSW Bins, green for co-collected Yard Trimmings/Food Scraps Bins, green for source-separated Yard Trimmings Bins, and blue for Recyclable Materials Bins.

The color-coding scheme for Commercial Bins shall be grey for MSW Bins, green for cocollected Yard Trimmings/Food Scraps Bins, green for source-separated Yard Trimmings Bins, brown for Commercial Food Waste Only Bins, and blue for Recyclable Materials Bins.

The color-coding scheme for all Roll Off Boxes shall be grey for MSW Boxes, green for Yard Trimmings/Food Scraps Boxes, green for source-separated Yard Trimmings Boxes, blue for Recyclable Materials Boxes and tan for Compactors. Mixed Recyclable Materials Boxes shall be blue in color.

Roll Off Boxes designated for Recyclable Materials Collection, Yard Trimmings/Food Scraps, Source-Separated Yard Trimmings Collection shall be prominently labeled as such (e.g. “Recyclable Materials Only”, “Yard Trimmings/Food Scraps Only”, “Yard Trimmings Only”, either with permanent lettering or with removable magnetic signage on each side.

The color-coding scheme for temporary Commercial Bins shall be the same as the color scheme for permanent Commercial Bins.

1.5.2 Container Labeling and Signage.

All Containers shall have messages and graphics on the exterior (e.g. top of Cart lid, front of Bin) designed to remind Customers of what materials can and cannot be placed into each type of Container. City shall have final approval of the text/graphics. Contractor shall work with City and all City-approved Processing Facilities (listed in Article 6) to tailor the types of materials allowed in each Container to the capabilities and technology and/or

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methods of processing used at each facility in order to minimize Residue, maximize Diversion and maximize the quality and value of the Recovered Materials produced.

Contractor shall submit the order(s) for new Containers to City for review and approval at least thirty (30) days prior to ordering the Containers required herein. The order shall include the color for each type of Cart, Bin and Box, the number of each size Cart, Bin and Roll Off box being ordered, the manufacturer and model of each, and design of messages/graphics for each. All Carts, Bins, Compactors and Roll Off Boxes shall be identifiable with a unique serial number, bar code, or RFID located on the Container that is assigned to the collection location and address that it services. A complete and current list of the serialized containers will be available to City personnel for use on an “as needed” basis. Unique serial numbers for Containers and Carts and proper tracking of the location and address where the Cart or Container is deployed is essential to Contractor’s and City’s ability to comply with SB 1383 in relation to Contamination.

Contractor shall continue to utilize the herein-described color-coding scheme for all Containers used in City throughout the Term unless otherwise directed by City.

1.5.3 Distribution of Recycling Guide to New Customers.

At any time a Cart is distributed to a new or returning Single-Family Residential Customer or an Estate Customer, Contractor shall also deliver to such Residential Premises(s) a copy of Recycling Guide described in Section 5 of this Attachment B.

ATTACHMENT B
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SECTION 2: RESIDENTIAL SINGLE FAMILY DWELLING AND ESTATE

COLLECTION SERVICES

2.1. Single Family Residence and Estate Residential Basic Level of Service. [NOTE: TWO-STREAM COLLECTION SYSTEM WILL BE ADDED]
The basic level of service for a Single Family Dwelling Residential Premises that is individually-serviced with three (3) cart system Collection from wheeled, lidded Contractor-supplied Carts, includes once weekly backyard/sideyard Collection of: (A) MSW; (B) Collection of Recyclable Materials; (C) Co-collection of Food Scraps/Yard Trimmings; (D) Collection of Source-Separated Food Scraps (where applicable); (E) Collection of Source-Separated Yard Trimmings; and other required programs identified in this Section 3. The basic leveI of service includes all other required programs identified in the Agreement and in this Attachment B. Estate Customers are provided a minimum of once-per-week Collection service for each material type from the Containers in the Customer’s selected “bundle”.

2.2. New Residences Constructed and Occupied During the Term.

During the Term, additional Single Family Dwellings and Estate Residential homes may be constructed and occupied within City. Contractor shall fully implement the Recyclable Materials Collection program, the Food Scrap/Yard Trimmings Collection program, and MSW Collection at each new Single Family Dwelling Residence within thirty (30) days of issuance of the Certificate of Occupancy by the City. The liquidated damages in Section

15.09 shall not apply until a service order request has been submitted to Contractor by Contractor’s Recycling Coordinator, the City, and/or a Customer.

2.3. Single Family Residences MSW Collection.

The basic level of service for a Single Family Dwelling Residential Premises that is individually-serviced is once weekly backyard/sideyard Collection of two (2) MSW Carts provided by automated or semi-automated Collection. For Estate Customers, Collection service is provided at a minimum of once per week for the Customer-selected bundle of Containers.

If a Customer requests Extra MSW Cart(s), Contractor shall promptly deliver such Cart(s) and the additional charge listed in Attachment D for the Extra Cart(s) shall be billed to the Customer as described in Section 1 of this Attachment B.

2.4. Single Family Residences Recyclable Materials Diversion Program.

The basic level of recycling service for a Single Family Dwelling Residential Premises, that is individually-serviced, is once weekly backyard/sideyard Collection of two (2) Recyclable Materials Carts on the same day as MSW Collection. For Estate Customers,

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Collection service is provided at a minimum of once per week for the Customer-selected bundle of Containers. Contractor shall Collect all Recyclable Materials in a separate or Split Body Collection vehicle. Contractor shall process Recyclable Materials at the Clean MRF approved by City listed in Article 6.

The basic level of service for food scraps and Yard Trimmings at a Single Family Residential Premises is once weekly backyard/sideyard Collection of two (2) Food Scraps/Yard Trimmings Carts on the same day as MSW Collection. Contractor shall Collect all Food Scraps and Yard Trimmings in a separate Collection vehicle or a Split Body vehicle depending on the City-wide service that is approved by the City Council. For Estate Customers, Collection service is provided at a minimum of once per week for the Customer-selected bundle of Containers. Contractor shall transport and process the Collected commingled Food Scraps/Yard Trimmings at the Contractor shall process the Collected commingled Food Scraps/Yard Trimmings at the Compost Facility or Anaerobic Digestion Facility approved by City listed in Article 6 of the Agreement and arrange for sale of the Compost or Digestate that is produced.

2.4.1. Vehicle Utilization for Materials Diversion Program.

Interim vehicles may be used during Interim Period Phase 1 (May 31, 2025 through December 31, 2025). The use of interim vehicles may continue through Phase 2 (January 1, 2026 through December 31, 2026). During 2026 Contractor shall plan for, and order new vehicles and containers during the Interim Period. The January 1, 2026 through December 31, 2026 shall include time to plan, prepare and deploy the new vehicles and containers, including painting, labeling, licensing, installing collision avoidance systems, etc.

Full deployment of all new vehicles and new containers shall be completed no later than January 1, 2027.

Customers located in Single Family Residences or Estates that have landscaping service (and therefore may not generate any Yard Trimmings) shall still be delivered a green Cart for Food Scraps.

Contractor shall distribute public education materials to all Single-Family Dwelling Residences as more fully described herein and in Section 5 of this Attachment B.

If any Resident refuses delivery of a Food Scrap/Yard Trimmings Cart, Contractor shall make one additional attempt to inform the Resident of the reasons for the State-mandated Food Scrap/Yard Trimmings Collection program and to deliver the Cart. If the Cart is refused a second time, Contractor shall retain the Cart for future use within the City.

Contractor shall maintain a record of the Customer name, address, date(s) of Cart refusal and the total number of Food Scrap/Yard Trimmings Carts being held in inventory due to being refused and shall submit this information as part of the monthly reports to City described in Attachment K.

If the Single Family Dwelling Residential Customer requests a third or additional Food

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Scrap/Yard Trimmings Cart, Contractor shall promptly deliver such Cart and the additional charge listed in Attachment D for the Extra Cart shall be billed to the Customer by Contractor as described in Section 1.6.1.4 of this Attachment B. If an Estate Customer requests an additional Cart and/or Bin not included in the “bundle” of Containers selected by the Estate Customer, Contractor shall bill the Customer the additional charge(s) listed in Attachment D.

Contractor shall continually monitor participation in the Residential Food Scrap/Yard Trimmings Diversion program. Contractor’s Recycling Coordinator shall utilize the list of non-participating households submitted in the monthly reports (required by Attachment K) and shall contact non-participating Residents to discuss the Diversion program and determine the reason(s) for non-participation. The Coordinator shall provide additional information, training, public education materials and explanations of the state law and the reasons for the program. The Coordinator shall note the dates and details of such contacts in the monthly reports. In cases of recalcitrant Residents, such contacts shall be made on site, in person in addition to by telephone.

Contractor shall continue to prepare and distribute a set of public education materials as described herein and in Section 5 of this Attachment B, annually during the Term.

2.4.2. Design and Implementation of a Pilot Co-collected Food Scrap/Yard Trimmings Program.

Full implementation of a three-stream collection for Residential Single-Family, Residential and Commercial Customers shall occur no later than January 1, 2027. During the Interim Period, Contractor shall plan and prepare for the full implementation of three-stream Residential and Commercial collection and diversion programs, including implementing public education and outreach efforts to and with Residents and Commercial businesses regarding the three-stream collection. Utilizing the Contractor’s Attachment H “Plan for Interim Period”, key dates and milestones shall be identified whereby a three-stream pilot program for 200 Residential Single-Family customers shall be developed in October 2025 through December 2025. The implementation of the 200 home pilot plan shall occur in early 2026 and continue through the overall expansion of the program throughout all Single-Family and Estates through the end of December 2026. Waste characterizations for these customers shall occur as described in Attachment N. These waste characterizations during January 1, 2026 through December 1, 2026 will not be used to evaluate the City’s contamination levels as referenced in Article 10 of the Agreement, but rather to determine contamination levels for the selected proposer to use to plan and/or modify programs, assist customers with contamination minimization, and for public education and outreach planning, dissemination and targeting.

2.5. Monitoring of Contamination in All Residential Single Family and Estate Collection Programs for Attainment of Agreement Performance Requirements.

Monitoring, reducing and eliminating Contamination in the MSW, Recyclable Materials and Food Scrap/Yard Trimmings Collected by Contractor is of paramount importance for the City’s compliance with SB 1383 (which is part of the Act and part of Applicable Laws).

ATTACHMENT B
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Contractor shall perform all of the following to monitor, reduce and eliminate Contamination in the Residential Single Family Dwelling and Estate Diversion programs which include all Residential Customers with individual Cart Collection service and all Estate Customers.

2.5.1. Characterization Requirements.

Contractor shall conduct all Characterizations described in Attachment N and shall also conduct all follow-up Contamination tracing and public education and outreach described therein.

With the exception of the waste characterizations conducted on the three-stream pilot program in 2026, the selected Proposer shall begin waste characterizations for all sectors as described in the Agreement and Attachment N, starting January 1, 2027. The waste characterizations conducted from January 1, 2027 through December 31, 2027 shall not be used to evaluate the City’s contamination levels as described in Article 10 of the Agreement, but rather to determine contamination levels for the selected Proposer’s use in order to plan and/or modify programs, assist customers with contamination minimization, and for public education and outreach planning, dissemination and targeting. These contamination levels will be discussed with the City at the monthly meetings. The results of the waste characterizations completed January 1, 2027 through December 31, 2027 shall be included in the selected Proposer’s monthly reports to the City and in the City’s CalRecycle SB 1383 Implementation Record.

2.5.2. Minimum SB 1383 Performance and Contamination Standards.

Contractor must meet the Minimum Performance and Contamination Standards as referenced in Article 10 of the Agreement. The Contractor, utilizing the measurement method described in Attachment N shall attain at least a 95% SB 1393 program implementation for Commercial customers by December 31, 2027. Section 3.7 in this Attachment B provides the standards to be applied in determining that a program is fully implemented at each customer’s location.

Article 10 of the Agreement identified the use of Attachment N waste characterizations that shall be conducted from January 1, 2028 through December 31, 2028 and which shall be evaluated by the City, beginning on January 1, 2029 to determine if the required Residential and Commercial contamination levels of 30% or lower have been met.

No later than January 1, 2027 the Contractor shall provide a) fully implemented residential recyclable materials collection with processing at a clean MRF and b) a co-collected residential food scraps/yard trimmings collection program with processing at either/or composting or anaerobic digestion facility. The rates for the services shall be those found in Attachment D.

2.5.3. Observation and Issuance of Contamination Notices to Customers.

Whenever Contractor’s driver arrives at a Residential Single Family Dwelling or Estate

ATTACHMENT B
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and the driver observes Contamination in any Cart(s) (MSW, Recyclable Materials and/or Food Scrap/Yard Trimmings Cart(s), the driver shall take the following actions:
(1) Utilizing the tablet-based, on-board operational CRM system described in Article 8, photograph the Contamination in the Cart and link the Contamination event with the Customer associated with the Contaminated materials in a manner that notes the address, Customer number, time, and date with the Contamination event. Upload the photograph to both Contractor’s dispatch/Customer Service and to a shared, cloud-based file that is also accessible by the City;
(2) Empty the Contaminated Cart into the Collection vehicle, including Collecting all materials in and around the Cart.
(3) Place a hang-tag on the Contaminated Cart. The hang-tag shall contain the following information:
a. Customer must place only acceptable Recyclable Materials in the Recycling Cart and only acceptable Food Scraps and Yard Trimmings in the Food Scraps and Yard Trimmings Cart. No Recyclable Materials, Food Scraps or Yard Trimmings shall be placed in the MSW Carts.
b. Informing the Customer that they may request additional MSW, Recyclable Materials and Food Scraps/Yard Trimmings Carts from Contractor at an additional charge.
c. Informing the Customer that State law and the City’s ordinance requires all Residents to participate in the City’s Recyclable Materials and Food Scrap/Yard Trimmings Diversion programs.
d. Notifying the Customer that the City may fine the Customer if additional Contamination occurs.
e. Notifying the Customer that a photograph documenting the Contamination incident was taken on this date (driver to fill in date) and is available either by calling Contractor (include phone number to call) or by scanning the QR code on the hang tag (if Contractor’s CRM and computer system is capable of providing this) Upon Contractor receipt of notification from the driver that a Customer has placed a Contaminated Cart out for Collection, the Contractor’s personnel shall record the instance in a digital database including the following information:

1. Date of Contamination event

2. Time of Contamination event

3. Customer address where Contamination was encountered

4. Customer identification number (if available for the Customer) for Customer associated with Contamination

5. Photo-documentation of Contamination

6. Route number for the route where the Contamination was encountered

7. Material stream that was Contaminated and by which type of Material (i.e.

MSW in the Recyclable Material Cart, Recyclable Materials in the MSW Cart, Food Scraps/Yard Trimmings in the Recyclable Materials Cart) In the monthly reports described in Attachment K, Contractor shall provide the City with a digital listing, in Excel format (or similar database program approved by City), of

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Customers that were found by the driver to have Contamination in their Carts. The report shall include: 1) the total number of Contamination events associated with each Customer during the reporting period; and 2) the Cart which contained the Contamination (i.e.

Recycling Cart, MSW Cart, or Food Scraps/Yard Trimmings Cart). Contractor shall also provide to City photo-documentation of each instance of Contamination on a monthly basis using a cloud-based file sharing service.

2.6. Procedures For Handling Residential Non-Containerized MSW, Recyclable Materials, Food Scraps/Yard Trimmings and Other Materials.

The City requires all MSW, Recyclable Materials and Food Scraps/Yard Trimmings to be stored and placed for Collection in the Contractor-provided wheeled Carts with lids fully closed. Carts are more fully described in Section 1 of this Attachment B. The only exception to this Containerization requirement is for Bulky Items that are placed out for Collection and for which the Customer has scheduled a Collection appointment with Contractor as described in Section 4 of this Attachment B.

In the event Contractor’s drivers encounter Non-containerized materials the driver shall photograph the materials and leave a hang-tag on the Cart and/or Bin informing the Customer that Containerization is required. The hang-tag shall include the date of the observed Non-containerization and contact information for the Customer to call to obtain more information. Upon observing two (2) or more events of Non-Containerization in a single thirty (30) day period, Contractor’s Recycling Coordinator or Contractor’s City Dayto-Day contact person shall contact the Customer to explain Non-containerization and assist the Customer with identifying options to alleviate the Non-containerization issue.

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SECTION 3: SERVICES FOR MULTI-FAMILY AND COMMERCIAL

AND BUSINESS ESTABLISHMENT PREMISES

3.1 Basic Level of Service.

Contractor shall provide the following basic level of service for all Multi-Family and Commercial and Business Premises: once weekly Collection of: (A) MSW; (B) Collection of Recyclable Materials; (C) Collection of Source-Separated Food Scraps; (D) Cocollection of Food Scraps/Yard Trimmings (where applicable); (E) Collection of SourceSeparated Yard Trimmings; and other required programs identified in this Section 3. (Note: See Attachment A for the definition of “Multi-Family” which includes only MultiFamily complexes that have centralized Bin and/or Cart Collection service.) The basic level of service includes all other required programs identified in the Agreement and in this Attachment B.

Collection shall be accomplished in a manner such that the flow of traffic shall not be impeded nor a threat to the public health or safety created.

3.2 MSW Collection.

Contractor shall provide MSW Collection services as follows: (A) regularly scheduled weekly MSW Collection service; (B) as-needed on-call Collection for Roll Off Boxes and Compactors; and (C) additional pick-ups. On-call and additional pick-up requests may be made by Customer, Authorized Customer Representative or, in the case of Compactors so equipped, by automatic dial-up, other automated methods or electronic device that signals Contractor. Contractor shall provide service within twenty-four (24) hours of receiving a request, (provided that the request is made prior to two o’clock p.m. (2:00 p.m.) of the collection day) and shall charge the rates listed in Attachment D (Rate Sheet) for on-call pickups and additional pickups.

Contractor shall provide Containers as described in Section 1 of this Attachment B to Multi-Family and Commercial and Business Establishments for storage and Collection of MSW at the rates in Attachment D.

Customers may, at any time, adjust the frequency of Collections, the size(s) of Containers, the type(s) of Containers and/or the number of Containers for the storage and Collection of MSW.

3.3 Diversion Programs.

Contractor shall provide the following Diversion Programs at all Multi-Family Dwellings and Commercial Business Establishments. In implementing all Diversion Programs described herein at Multi-Family Dwellings and Commercial and Business

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Establishments, Contractor shall complete all the tasks listed in Section 3.7 of this Attachment B. Contractor may charge Customers the rates set forth in Attachment D for providing Diversion Program services.

A Diversion Program at a Multi-Family Dwelling or Commercial Business Establishment is considered “fully implemented” if Contractor has completed all the tasks described in Section 3.7 of this Attachment B and if the program is observed to be in full and successful operation during the reviews and/or audits by City. The City will conduct rotating audits throughout the Term as described in Attachment N, to determine whether these performance standards are being achieved and maintained. City may also conduct periodic reviews at any time during the Term. The City’s audit and review of all MultiFamily and Commercial Diversion Programs may include review and monitoring of Contamination percentages achieved for each type of Material (MSW, Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings and Cocollected Food Scraps/Yard Trimmings) at each Multi-Family and Commercial Customer.

Contamination percentages shall be measured and calculated pursuant to the protocol in Article 11 and Attachment N of the Agreement.

For Multi-Family and Commercial Diversion programs that are already in place as of the start date of operations in Section 3.02 of the Agreement, Contractor shall perform an onsite evaluation of all existing programs at each Multi-Family complex and at each Commercial Business Establishment and review each of the implementation steps in Section 3.7 with the Authorized Customer Representative to ensure that all Diversion Programs required by the Agreement are “fully implemented”. On or before January 1, 2027 Contractor shall complete said on-site evaluations of all Multi-Family and Commercial Customers’ Diversion Programs including the on-site meeting(s) with the Authorized Customer Representative and shall take all actions required to re-implement any steps in Section 3.7 of this Attachment to bring each Diversion program into a “fully implemented” status.

3.3.1 Recyclable Materials Collection.

Contractor shall provide Collection of Recyclable Materials. Contractor shall provide separate Bin(s) or wheeled Carts (as described in Section 1 of this Attachment B) for Collection of Recyclable Materials. Contractor shall Collect Recyclable Materials and in a split-body vehicle or in a vehicle collecting solely Recyclable Materials to prevent Contamination of said materials, Collection shall be provided at least weekly, with more frequent Collection as required to prevent overflow of materials from Containers.

Collected Recyclable Materials shall be processed at the City-approved Clean MRF described in Article 6.

3.3.2 Source-Separated Commercial Food Scrap Collection.

Contractor shall provide the Collection of Source-Separated Food Scraps from restaurants, cafeterias, assisted living facilities, hospitals, supermarkets and all other Commercial and Business Establishment premises where food is prepared, sold and/or

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consumed. If a Co-collected Food Scrap/Yard Trimmings Diversion Program is more suitable for the Customer, Contractor shall provide such a program as described in this Section 3 of Attachment B.

Contractor shall provide participating Customers, at no additional charge, one (1) “Slim Jim™” type container, or equivalent (as shown in Attachment HH) for inside of kitchen, preparatory and bussing areas that are directly involved with Food Scrap Diversion.

Contractor shall also provide wheeled Carts and/or Bins, Roll-Off Boxes or Compactors as necessary for the segregation and storage of Food Scraps to be Diverted. Contractor shall provide Customers with information and contact person(s) who are approved by City to establish, coordinate and provide Edible Food donation and Collection services.

Contractor shall fully cooperate with all Persons working with Customers to establish, coordinate and provide Edible Food donation services, including Customer’s employees and agents and the City. As part of the steps required for Diversion Program implementation in Section 3.7 of this Attachment B, Contractor shall factor any successful Edible Food donation program projections and/or actual results into the Food Scrap Diversion plan including the estimated requirements for Container sizes and frequencies of Collection, training, interior container locations and sizes. Contractor shall provide a brochure, training and public education materials on the Food Scrap Collection program as described in Section 5 of Attachment B.

Collection shall be provided at least weekly, with more frequent Collection as required to prevent overflow of materials from Containers, and to prevent odors and vectors.

Contractor shall Collect Source Separated Food Scraps in a vehicle Collecting solely Food Scraps, in a vehicle Collecting Co-Collected Food Scraps/Yard Trimmings or in a single pass vehicle. All Food Scraps Collected by Contractor shall be delivered to the City-approved Compost Facility described in Article 6.

3.3.3 Source-Separated Yard Trimmings Collection Program.

For Customers Generating Yard Trimmings material at their Premises that is not removed by a landscape or gardening service, Contractor shall provide the Source-Separated Yard Trimmings Collection Program. Contractor shall provide appropriately-sized Containers for storage of all Yard Trimmings. If a Business has Yard Trimmings and Wood hauled away by a landscape or gardening service, Contractor shall notify City and City, in its sole discretion, may obtain the completed and signed Landscaper Self-Certification Diversion Form in Attachment V from the Authorized Customer Representative. If directed by City, Contractor shall record such updated information in the Red/Green Tracking Spreadsheet and/or CRM System.

Contractor shall collect all Source-Separated Yard Trimmings from Multi-Family Dwellings and Commercial and Business Establishments at least once per week, and more frequently as required to Collect all Yard Trimmings generated by the Customer.

Contractor shall Collect all Yard Trimmings in a separate Collection vehicle that collects (i) only Yard Trimmings or (ii) that Co-collects Food Scraps/Yard Trimmings; or (iii) in a single-pass vehicle. All Yard Trimmings collected within the City by the Contractor shall be delivered to and processed at the City-approved Composting Facility described in

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Article 6.

3.3.4 Co-Collected Food Scraps/Yard Trimmings Program.

For Customers where a Co-collected Food Scraps/Yard Trimmings Program is more suitable than Source-Separated Food Scrap and Source-Separated Yard Trimmings programs, Contractor shall provide Co-collected Food Scrap/Yard Trimmings Collection.

Contractor shall provide appropriately-sized Containers for storage of all Food Scraps/Yard Trimmings. Contractor shall collect all Food Scraps/Yard Trimmings from Multi-Family Dwellings and Commercial and Business establishments at least once per week, and more frequently as required to Collect all such materials generated by the Customer. Contractor shall Collect all Co-collected Food Scraps/Yard Trimmings in a separate Collection vehicle that collects only Co-Collected Food Scraps/Yard Trimmings and/or Source Separated Food Scraps and/or Source-Separated Yard Trimmings or in a single pass vehicle. All Co-collected Food Scraps/Yard Trimmings Collected within the City by the Contractor shall be processed at the City-approved Composting Facility described in Article 6.

3.3.5 Customer Use of Other Methods of Food Scrap Diversion.

In the event a Customer is Diverting their Food Scraps using one or more on-site, backhaul, Edible Food donation and/or other programs (e.g. use of an on-site Compost Appliance and/or participation in an Edible Food donation program), Contractor shall notify City. Contractor shall note the on-site, Edible Food donation and/or other program(s) being used on the Red/Green Tracking Spreadsheet. Contractor shall determine whether or not such program(s) are diverting one-hundred percent (100%) of the Food Scraps generated at the Customer’s premises. If that is not the case, Contractor shall note the quantity and estimated percentage of Food Scraps that are still being Disposed and shall discuss the situation with City at the next monthly meeting. If directed by City, Contractor shall re-contact the Customer to offer supplemental Food Scrap Collection service to Divert the remaining Food Scraps being placed in the MSW Container(s). Contractor shall continue to work with the Customer by performing all steps in Section 3.7 of this Attachment B until all Food Scraps generated at the Customer’s premises are being Diverted.

3.3.6 Edible Food Recovery.

As of the Effective Date, SB 1383 (PRC Section 42652 and Health and Safety Code Sections 39730.5et seq.) requires that twenty percent (20%) of Edible Food being Disposed of must be Diverted as Edible Food for Human Consumption. City plans to retain the services of one or more third parties and/or to collaborate with regional agencies to arrange for, and implement, Edible Food donation program(s) within City. Contractor shall cooperate with City’s efforts, including but not limited to: disseminating public education and outreach materials in hard copy, online, and via Contractor’s social media outlets as described in Section 5 of this Attachment B; alerting Customers with Food Scraps of the availability of the Edible Food donation services; and providing data on

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potential participants for the Edible Food donation program to City and its service providers and/or collaborators.

Contractor shall provide Customers with information regarding contact person(s) who are approved by City to establish, coordinate and provide Edible Food donation and collection services. Contractor shall fully cooperate with, and shall not impede, delay or prevent the work of any Persons working with Customers to establish, coordinate and provide Edible Food donation services, including, but not limited to, Customers’ employees and agents, the City, and City-authorized third parties. Contractor shall factor any successful Edible Food donation program projections and/or actual results into the Food Scrap Diversion Plan prepared in accordance with the requirements of Section 3.7 of this Attachment B, including the estimated requirements for Container sizes and frequencies of Collection, training, interior container locations and sizes.

3.4 AB 827 Divertible Material Containers for Use by Public.

As part of implementing the Commercial Food Scrap Collection program at each business, decisions must be made by the Customer regarding the number and type(s) of interior Food Scrap containers to be used for interim storage of Food Scraps in kitchens during food preparation, in bussing areas for plate scrapings, and in other locations prior to taking the Food Scraps outside to wheeled Carts and/or Bins. AB 827 (PRC Section 42649.1 s seq.) requires that all Commercial Premises selling food for on-site consumption (with the exception of full-service restaurants as defined in PRC Section 42649.1 et seq.) must provide customers with both a Recyclable Materials and a Food Scrap container adjacent to each MSW Container in the dining or eating area(s) for customers to use to separate their Food Scraps and Recyclable Materials from MSW.

Such containers are to be separately and clearly labeled that they are for “Recyclable Materials Only” and for “Food Scraps Only”. These containers are not required in restrooms, only in the public eating areas of the business. Multi-Family properties are not required to provide such containers in common areas. Contractor shall provide information to Customers on the requirements for such containers, however, it shall be the responsibility of each business to purchase and provide suitable containers to comply with the State requirements. Contractor shall provide training for Customers and all of the Customers’ employees on implementation of AB 827 Food Scrap programs, and shall develop a brochure, training materials and model signage as described in Section 5 of this Attachment B.

3.5 Not Used
Contractor shall note Contamination levels in the MSW, Recyclable Materials, Food Scraps/Yard Trimmings, Source-Separated Food Scraps, and Source Separated Yard Trimmings Bins and Carts using the methodology described in Attachment N. When Contractor finds Contamination (as described in Section 6 of this Attachment B), Contractor shall alert the Authorized Customer Representative and shall provide, or reprovide, training and public education materials concerning the acceptable materials for each program, to management and employees of the business in a minimum of one (1)

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in-person on-site training session. Contractor shall include information on all Contamination incidents observed in the monthly report submitted to City as described in Attachment K (see specifically Part 7 of the monthly report in Attachment K) and shall also log the data in the Red/Green Tracking Spreadsheet and include it in the semi-annual reports submitted to City pursuant to Attachment N.

Contractor conducts two (2) characterization audits each calendar year of the Recyclable Materials, MSW, and Food Scraps Collected at Commercial and Multi-Family Customers throughout the City as described in Attachment N. Contractor, and especially Contractor’s Recycling Coordinator, shall use the results of these audits to determine if there is Contamination in any stream (e.g. Recyclable Materials in the MSW or in the Food Scrap/Yard Trimmings streams; Yard Trimmings in the MSW or Recyclable Materials, etc.) which would indicate a lack of full participation in all the required Diversion Programs. Contractor shall also use the data to ascertain the percentage of Contamination in the streams that were audited.

3.6 Implementation of All Required Diversion Programs at New Multi-Family Dwellings and Commercial and Business Establishments Constructed During the Term and In Event of change in Key Personnel or Business Relocation.

As new Commercial and Business Establishment buildings and Multi-Family Dwellings are constructed during the Term, and as Commercial and Business Establishments open, close, expand, move, and change managers and/or employees, Contractor shall implement all the required Diversion Programs described in this Section 3 of Attachment B at all new, expanded, relocated, and otherwise changed Commercial and Business Establishments and all Multi-Family Dwellings as described herein. Contractor shall implement said programs at all new or expanded Commercial and Business Establishment and/or Multi-Family Dwellings within thirty (30) days of issuance of a Certificate of Occupancy by the City; and if no Certificate of Occupancy is required, then within thirty (30) days of final City inspection and approval of improvements. Contractor shall also re-implement all required Diversion Programs when there is a change in key personnel (e.g. a change in management, ownership, on-site manager and/or other key personnel) at any Multi-Family Dwelling or Commercial and Business Establishment within City and shall do so within thirty (30) days of either (A) becoming aware of the change in management, or (B) notice from the City of the change in management, whichever comes first.

3.7 Required Tasks For Implementation of Diversion Programs.

For purposes of this Agreement, Contractor shall be found to have “fully implemented” Diversion Programs at the Premises of a Customer only if all of the following have been completed by Contractor:
(i) Contractor has contacted the Authorized Customer
Representative and explained the requirements in the Act for

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the Customer to have in place all required Recycling and Diversion programs described in Section 3 of Attachment B.

Contractor has also explained the requirements of City’s Municipal Code, City’s Mandatory Recycling Ordinance and CalGreen (if applicable). Contractor contact for this step shall include phone calls, emails and at a minimum, one in person site-visit. If the Authorized Customer Representative refuses to implement a program, Contractor shall immediately notify City. The notification to the City shall include a written report of the name(s) of the Authorized Customer Representative(s); address, email and phone number of Customer; dates/times of calls, letters, emails and required in person site visit; copies of any and all emails and letters along with associated attachments sent to the Customer; copies of any email or letter responses received from the Customer; notes on any phone call responses received from the Customer; copies of any and all public education provided to the Customer; and photos taken in relation to the Customer’s property (if applicable). Upon receiving the Contractor’s written
notification of refusal, including all information described above in this step, City will send a letter to the Authorized Customer Representative explaining the mandatory
requirement for program implementation.
(ii) Contractor has estimated the quantities of MSW, Recyclable Materials, Food Scraps, Yard Trimmings and any other
Divertible materials generated by the Customer; has
calculated the appropriate size of Containers required for storage; has calculated the recommended frequency of
Collection service to optimize cost for the Customer; has prepared a written plan containing estimated costs and
recommended levels of service; and has submitted the plan to the Customer. Contractor has discussed the plan with the Customer and obtained the Customer’s approval to
implement a finalized Diversion Plan. If Customer refuses to implement Contractor’s written plan, Contractor shall
document the refusal and report the Customer to the City as a “Recalcitrant Customer”. The notification to the City shall at a minimum include a written report of: the name(s) of the Authorized Customer Representative(s); address of
Customer; email and phone number of Authorized Customer Representative(s); dates/times of calls, letters, emails and required in person site visit; copies of any and all emails and letters along with associated attachments sent to the
Customer; copies of any email or letter responses received from the Customer; notes on any phone call responses
received from the Customer including date/time of phone call

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response; copies of any and all public education provided to the Customer; photo documentation of Customer’s Bin and Cart contents and relevant photos of the Business/MultiFamily property that would assist in development of Diversion programs; a copy of the written plan described in this step; the date/time the meeting was held to present the written plan described in this step; the name of the Authorized Customer Representative that Contractor met with to present the written plan described in this step; any notes regarding the meeting to present the written plan described in this step (ii); and any and all notes and documentation in reference to the
Authorized Customer’s Representative’s refusal to implement a finalized Diversion plan.
(iii) If the Customer is generating Food Scraps, or is a food service establishment, Contractor has provided the Customer with information on the available Edible Food donation programs in City including coordinators/vendors/non-profit agencies, as directed by City, and has factored any applicable Edible Food donation opportunities into the calculations for sizing of Food Scrap Containers and frequency of Food Scrap Collection service. Contractor is also cooperating fully and in good faith with all Edible Food donation efforts of City, all third parties and Customer at Customer’s premises.
(iv) If the Customer is already Diverting materials using an inhouse program, backhauling, on-site processing or use of another vendor, Contractor has notified City. Contractor shall record the information on the Red/Green Tracking
Spreadsheet and/or CRM System. If the Customer is using a landscaping company to haul away Yard Trimmings,
Contractor has notified City so City can obtain a completed and signed Landscaper Self-Certification Diversion Form for Yard Trimming at that Premises. At the direction of City, Contractor has recorded the information on the Red/Green Tracking Spreadsheet and/or CRM System. If such
program(s) only Divert(s) some materials and other Divertible materials are not covered by the Customer’s own program(s) or third party program(s), Contractor has developed a plan for Diversion of the remaining materials in accordance with the requirements of this Attachment B.
(v) Contractor has delivered the appropriate type(s) and size(s) of Containers to the Customer’s Premises for storage of Recyclable Materials. In the case of a Food Scrap Generator, Contractor has also provided the appropriate type(s) and size(s) of Containers for storage and collection of Food

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Scraps. If the Customer is generating Yard Trimmings,
Contractor has provided the appropriate type(s) and size(s) of Containers for storage and collection of Yard Trimmings. (vi) Contractor is Collecting the Recyclable Materials, Food Scraps, Yard Trimmings (as applicable) from the Customer’s Containers at the frequency of Collection needed to
adequately service the Customer and, at a minimum, is
performing Collection of Recyclable Materials and Yard
Trimmings at least once each week. In the case of a Food Scrap Generator, Contractor is Collecting the Food Scraps one (1) to six (6) times each week as needed to adequately provide service to the Customer.
(vii) Contractor has evaluated and reduced the level of the Customer’s MSW Collection service to complement the
separate Collection of Recyclable Materials, Yard Trimmings and Food Scraps. Contractor has checked back with the
Customer and made at least two (2) on-site visits to determine if the initial sizing of the Containers and frequency of service is optimal for the Customer. Contractor has recommended appropriate adjustments as needed to the Customer and has implemented all adjustments agreed to by the Customer.
(viii) Contractor has provided employee education and training materials to the Customer (and in the case of Multi-Family complexes to all management and residents) explaining (a) the requirements of the Act and SB 1383, (b) the operation of each Diversion program, and (c) specifically, what materials may be placed in the Recycling Container(s), Yard Trimmings Containers and in the Food Scrap Containers and what
materials are to be placed in the MSW Container(s).

Employee/resident training shall include at least one on-site training for all employees/tenants/residents of Customer. (In the case of the Food Scrap program at Multi-Family
complexes, Contractor shall provide at least one (1) on-site training for residents. (The demonstration may be by use of a video showing best practices for the Food Scrap program as long as Contractor’s representative is on-site and available to respond to residents’ questions). If there are multiple shifts, or if employees/tenants/residents work or are present on
different days, Contractor shall conduct multiple trainings until all employees/residents have been trained. Contractor shall provide training posters and stickers for the Containers (both inside and outside Containers) showing what materials are allowed in each. Contractor shall provide training and training materials in English and any other language as requested by

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the Customer (such as Mandarin). Where a Customer has
employees involved in tasks that are handling MSW and/or Divertible materials, that speak a language other than English, Contractor shall obtain a translator and conduct a training for those employees in the language they speak and provide
program signage and training handouts in that language. In the case of Multi-Family complexes, Contractor shall also provide materials in Mandarin, and Contractor shall obtain a translator and conduct a training for those residents in the language they speak, and provide program signage and
brochures/handouts in that language. Alternatively,
Contractor shall provide or utilize other resources available such as City or Contractor’s personnel or instructional videos to conduct a training session for those employees and
residents in the language they speak and provide program signage and training handouts in that language as necessary to support program implementation.
(ix) Contractor has made at least two (2) follow-up site visits to confirm the program is operating optimally within the first two weeks after program initiation or re-implementation. (These site visits are in addition to the site checks to confirm MSW quantities and optimization of MSW service described in item vii above.) Contractor has responded to the Customer’s
questions and to any complaints, and has successfully
resolved all questions and complaints.
(x) The Diversion program(s) at the Premises of the Customer has been in place and operating continuously for a minimum of three (3) months. For example, a program that was
implemented in August 2026, would require a verification of continuous operation no later than December 1, 2026.

Within ninety (90) days after implementation of each Diversion program at the Premises of the Customer, Contractor shall ensure that the program is operating effectively such that each Diversion Program is achieving a Contamination level of twenty-five percent (25%) or less during the period. If these performance standards are not being achieved, Contractor shall work with the Business and Multi-Family owner(s), manager(s) Authorized Customer Representatives and
Business employees (or Multi Family residents) as needed to re-train, troubleshoot and otherwise provide technical
assistance to ensure the standards are being met. City may conduct rotating audits throughout the Term to confirm that these performance standards are achieved and maintained.

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(xi) The Diversion programs at the Premises of the Customer meet all the Contamination/Diversion standards in Section 6 of this Attachment B and in Article 10 of the Agreement. (xii) Contractor has conducted a minimum of one (1) annual onsite review of the Recycling plan and of each Diversion program at each Customer, and has conducted an annual retraining for all employees, residents and tenants that meets all of the requirements listed for the initial training required under Item (viii) above. Contractor has conducted troubleshooting for each Diversion program and each Diversion program is robust and successfully Diverting the targeted materials within the Contamination limits identified in Item (x) above.
(xiii) In the event Contractor has taken all required actions and completed all required tasks in subparts (i) through (xii), and the program(s) is still not meeting the performance standards in Item (x) herein, Contractor must provide a written report to City documenting all actions completed in implementation of the required tasks in subparts (i) through (xiii). The written report shall contain at a minimum: the name(s) of the
Authorized Customer Representative(s); address of
Customer; email and phone number of Authorized Customer Representative(s); dates/times of calls, letters, emails and required in person site visit; copies of any and all emails and letters along with associated attachments sent to the
Customer; copies of any email or letter responses received from the Customer; notes on any phone call responses
received from the Customer including date/time of phone call response; copies of any and all public education provided to the Customer; photo documentation of Customer’s Bin
contents and relevant photos of the Business/Multi-Family property that would assist in development of diversion
programs; a copy of the written plan described in step (ii) and approved by the Authorized Customer Representative; copies of the information provided to Customer regarding Edible Food described in step (iii) and the date(s) when the
information was provided, if Customer generates Edible Food; information and documentation of in-house program,
backhauling, on-site processing or use of another vendor by Customer as described in step (iv), if applicable; information and documentation related to the Contractor’s provision of the appropriate number and type of Containers for the materials generated and the quantity of each material generated as described in step (v); information and documentation related to servicing the Customer’s Containers at the frequency of collection needed to adequately service the Customer as

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described in step (vi); documentation that Contractor has checked back with the Customer and made at least two (2) on-site visits to determine if the initial sizing of the Containers and frequency of service is optimal for the Customer; the dates/times of the on-site visits; photo documentation taken during the on-site visits; and as applicable, documentation that Contractor has recommended appropriate adjustments as needed to the Customer and has implemented all
adjustments agreed to by the Customer as described in step (vii); information and documentation related to Contractor’s provision of employee and/or resident education and training materials to the Customer, copies of the education and
training materials in English and other languages (as
applicable); dates/times of employee and/or resident
education; as described in step (viii); documentation that Contractor has made at least two (2) follow-up site visits to confirm the program is operating optimally within the first two weeks after program initiation or re-implementation; the dates/times of the site visits; and name(s) of Contractor staff conducting the site visits.
(xiv) The non-compliant Customer shall be reported to City on the Red/Green Tracking Spreadsheet and/or CRM System
(Attachment K, Monthly Report Item #11) described in
Attachment K, Monthly Reports, Item #8. City may, in its sole discretion, enforce its Mandatory Commercial Recycling
ordinance, which may include warnings to the Customer and ultimately imposition of fine(s). If the Customer agrees to implement the required program(s) as required by the City’s ordinance, City will refer the Customer back to Contractor for implementation of the program(s) and Customer shall be
removed from the list of “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” in Attachment K, Monthly Reports, Item #8. If the Customer continues to refuse to implement one or more of the required Diversion programs after City action, the Customer remains on the list and Contractor is relieved of the responsibility to fully implement program(s) at that Customer.
(xv) In the event that Contractor fails to “fully implement” all required Diversion Programs at a Multi-Family or Commercial and Business Establishment’s Premises, City will provide written notice to Contractor and Contractor shall have thirty (30) days to “fully Implement” all required Diversion Programs.

City may conduct rotating audits throughout the Term to confirm that these performance standards are achieved and maintained. After thirty (30) days from City notification, if

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Contractor has not “Fully implemented” all required Diversion Programs at the Commercial Business Establishment the City will assess the liquidated damages in Section 15.09.

3.8 SB 1383 Waivers.

The City provides a process for Customers to request a SB 1383 Waiver from the requirements to implement SB 1383 Diversion Programs due to lack of available space and/or de minimis quantities of Divertible Materials. Pursuant to State Law, only the City may grant an SB 1383 Waiver. Contractor has no ability or legal authority to grant any such SB 1383 Waiver. Contractor shall refrain from attempting to do so and shall refrain from making any representations to Customers that Contractor has any such ability or legal authority. In the event a Customer served by Contractor has applied for an SB 1383 Waiver, City will inform Contractor about the application in writing and also at the monthly meeting. Contractor shall note that an application for an SB 1383 Waiver has been filed in the Red/Green List and/or CRM System.

Contractor shall fully cooperate with City and provide all Customer data and information requested by City in order for City to determine a Customer’s eligibility for an SB 1383 waiver and eligibility for renewal or continuation of an SB 1383 Waiver.

If an SB 1383 Waiver is granted by the City for one or more of the required Diversion Program(s), Contractor shall record the effective dates of the SB 1383 Waiver and the Diversion Program(s) to which it applies, in the Red/Green List and/or CRM System.

Contractor shall be relieved of its duty to fully implement the Diversion Program(s) that are specified in the SB 1383 Waiver granted by the City, for the effective dates of the SB 1383 Waiver.

Thereafter, thirty (30) days prior to the termination date of each SB 1383 Waiver, Contractor shall request that City update the status of each Customer’s SB 1383 Waiver(s) to determine whether the Customer has applied for, and was granted a new SB 1383 Waiver. If the City has renewed the SB 1383 Waiver(s), Contractor shall record the effective dates of the new SB 1383 Waiver(s) and the Diversion Program(s) to which it applies, in the Red/Green List and/or CRM System and shall be relieved of its duty to provide the Diversion Program(s) that are specified in the new SB 1383 Waiver(s) granted by the City for the period the new SB 1383 Waiver(s) is effective.

This process shall be repeated by the Contractor thirty (30) days prior to the expiration date of each SB 1383 Waiver, as long as the Customer is served by the Contractor at the same Premises.

In the event that a Customer’s request for any SB 1383 Waiver is denied by the City, Contractor shall comply with all the requirements contained in Section 3.7 of this Attachment B to fully implement all Diversion Programs required by the Agreement.

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3.9 Observation and Issuance of Contamination Notices to Commercial and MultiFamily Customers.

Whenever Contractor’s driver arrives at a Commercial Business Establishment or MultiFamily Premises where the driver observes Contamination in any Container(s) (MSW, Recyclable Materials and/or Food Scrap/Yard Trimmings Container(s)), the driver shall take the following actions:
(1) Utilizing the tablet-based, on-board operational CRM system, which will be described in the Agreement, photograph the Contamination in the Container and link the Contamination event with the Customer associated with the Contaminated materials in a manner that notes the address, customer number, time, and date with the Contamination event. Upload the photograph to both Contractor’s dispatch/Customer Service and to a shared, cloud-based file that is also accessible by the City;
(2) Empty the Contaminated Container into the Collection vehicle, including Collecting all materials in and around the Container.
(3) Place a hang-tag on the Contaminated Container. The hang-tag shall contain the following information:
a. Customer must place only acceptable Recyclable Materials in the Recycling Container and only acceptable Food Scraps and Yard Trimmings in the Food Scraps and Yard Trimmings Container. No Recyclable Materials, Food Scraps or Yard Trimmings shall be placed in the MSW Container. b. Informing the Customer that they may request additional Recyclable Material Containers and Food Scraps and Yard Trimmings Containers, or increase collection frequencies of existing Containers, from Contractor at an additional charge.
c. Informing the Customer that State law and local ordinance requires all Customers to participate in the City’s Recyclable Materials and Food Scrap and Yard Trimmings Diversion programs.
d. Notifying the Customer that a photograph documenting the Contamination in the Container(s) was taken on this date (driver to fill in date) and is available either by calling Contractor (include phone number to call) or by scanning the QR code on the hang tag (if Contractor’s CRM and computer system is capable of providing this)
Upon Contractor receipt of notification from the driver that a Customer has placed a Contaminated Container out for Collection, the Contractor’s personnel shall record the instance on a digital database including the following information:

1. Date of Contamination event

2. Time of Contamination event

3. Customer address where Contamination was encountered

4. Customer identification number (if available for the customer) for Customer associated with Contamination

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5. Photo-documentation of Contamination

6. Route number for the route where the Contamination was encountered

7. Material stream that was Contaminated and by which type of Material (I.e. MSW in the Recyclable Materials stream, Recyclable Materials in the MSW stream, Food Scraps/Yard Trimmings in the Recyclable Materials Stream, etc.) In the monthly reports described in Attachment K, Contractor shall provide the City with a digital listing, in Excel format (or similar database program approved by City), of Customers that were found by the driver to have Contamination in their Containers. The report shall include: 1) the total number of Contamination events associated with each Customer during the reporting period; and 2) the Container which contained the Contamination (i.e. Recycling Container, MSW Container, or Food Scraps Yard Trimmings Container). Contractor shall also provide to City photo-documentation of each instance of Contamination on a monthly basis using a cloud-based file sharing service.

3.10 Requirements for Each Instance of Contractor Encountering Overfull or NonContainerized Commercial and/or Roll-off Containers.

The City requires all MSW, Recyclable Materials and Food Scraps/Yard Trimmings to be stored and placed for Collection in the Contractor-provided wheeled Carts and/or Bins with lids fully closed. Materials placed in Roll Off Boxes must not overflow the Box and must be at a level such that the Box may be tarped for transport. The only exceptions to this Containerization requirement are (ii) cardboard boxes flattened and stacked beside a Cart or Bin; and (ii) baled cardboard at a Commercial or Business Establishment.

In the event Contractor’s driver encounters overfull Carts or Bins or Non-containerized materials, the requirements of Section 2.6 shall be followed.

3.11 Other Services To Be Provided.

3.11.1 Miscellaneous Services
Contractor shall provide the following additional services and may charge Customers the rates in Attachment D:
(A) Bin replacement/exchange;
(B) Additional Container pick-up for Residential, Estate, Commercial, or Multi-Family Containers;
(C) Locking lids for Bins;
(D) Use of a key/code to open a locked gate or enclosure to access Containers;

3.11.2 Scout Service
Contractor shall provide Scout Service upon City or Customer request. Customer’s

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Containers will be moved by a pickup truck, motorized utility cart or other similar vehicle.

Contractor shall move individual Containers containing MSW, Recyclable Materials, Yard Trimmings and/or Food Scraps to a centralized location on the property for Collection by a front loader vehicle. The Containers will then be returned to their original locations.

Contractor shall provide Scout Service to Multi-Family and Commercial and Business Establishments at the rates in Attachment D.

3.12 Changes in Collection Services.

Commercial Business Establishments and Multi-Family Customers may, at any time, decrease the frequency of Collections and/or the number of Containers for MSW commensurate with the amount of Recyclable Materials, Yard Trimmings and Food Scraps source reduced and/or Diverted by any Recycling programs, projects or activities undertaken by Customer
Customers may, at any time, adjust the frequency of Collections and/or the number of Containers for all types of Containers for the storage and Collection of Recyclable Materials, Food Scraps and Yard Trimmings.

3.13 Consultations and Technical Assistance.

3.13.1 Customer Consultations.

Upon Customer request, Contractor shall consult with Customers on establishing Recycling and Diversion programs and on other MSW and Recycling related activities.

Customers may also consult with City, City’s agents or representatives, and/or with any other Recycling company or expert to plan and implement the most beneficial Diversion program(s) for that Customer.

3.14 Waste Characterizations and Third Party Assessment of Performance Metrics.

Contractor shall cooperate fully with City and its agents during all characterizations and studies, including, but not limited to, all those described in Attachment N. Contractor shall allow site visits and detailed observations of all Processing Facility operations, provide route, account, tonnage, characterization details as to sampling methods and categories sampled, and other data for all Collection and Processing operations; allow unannounced site visits during regular hours of operation; access to all Collection, transport, and materials processing operations; respond in a timely manner to questions and requests for data and information; and make Contractor’s personnel available to respond to questions from City. City and its agents shall observe all Contractor’s safety, health and other operating procedures during its site visits.

3.15 Temporary Bin and Roll-Off Services.

Contractor shall provide on a temporary basis two (2) cubic yard, three (3) cubic yard, four (4) cubic yard, six (6) cubic yard Bins, and ten (10), twenty (20), thirty (30) and forty

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(40) cubic yard Roll-Off Boxes for the purposes of Collection of MSW, Recyclable Materials, Yard Trimmings, Food Scraps and Construction and Demolition Debris at the request of Customers. Contractor shall Customers the rates set forth in Attachment D for this service. Such temporary service shall be provided, by way of example but not limitation, to sites where construction and /or demolition activity, replacement of roofs or paved areas, or replacement or maintenance of landscape materials is occurring.

Collection shall occur on an as-needed, on-call basis, within twenty-four (24) hours of a request for any request received before two o’clock p.m. (2:00 p.m.), or may be regularly scheduled, as determined by Customer.

Container(s) requested by Customer shall be delivered within forty-eight (48) hours of the time Customer requests said Container(s) by phone or by email from Contractor. If the Container(s) is not delivered within forty-eight (48) hours of the time Customer requested the Container(s), City will assess Liquidated Damages. If Contractor delivers Container(s) prior to a Customer-requested delivery date or prior to a scheduled delivery date agreed upon by Customer and Contractor, Contractor shall only begin charging the Customer for use of the Container(s) on the requested/scheduled delivery date and not on the early delivery date. If Contractor does not have available the Container(s) in the size(s) requested by the Customer, Contractor may offer a different Container size to the Customer. If the alternate Container size is more expensive than the Container size requested by Customer, Contractor shall charge a rate equivalent to the rate for the Container size Customer originally requested as set forth in Attachment D. If the alternate Container size is not acceptable to the Customer, Contractor shall locate the correct sized Container(s) within Contractor’s Southern California system and shall provide said Container(s) as quickly as possible. If acceptable Containers in the size(s) that are acceptable to the Customer are not provide within forty-eight (48) hours of the original Customer request, the liquidated damages in Section 15.09 of the Agreement shall apply.

All temporary Bins and Roll-Off Containers containing Yard Trimmings, Food Scraps or Construction and Demolition Debris shall be Collected, transported, and processed at the City-designated Processing Facility(ies) for Yard Trimmings, Food Scraps, or the Citydesignated Construction and Demolition Debris Processing Facility (for C&D Debris) described in Article 6 in the Agreement.

All temporary Bins and Roll-Off Containers containing Recyclable Materials shall be Collected and the materials transported to the City-designated Clean MRF described in Article 6 of the Agreement for processing and sale.

3.16 Construction and Demolition Debris Recycling.

State law requires that City enforce mandatory Construction and Demolition Debris Diversion. Contractor shall comply with all requirements of the City’s codes and CalGreen, as they may be changed and amended during the Term.

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SECTION 4: SPECIAL SERVICES
General. This section describes Special Services to be provided by Contractor. Many of the Special Services require Public Information and Consumer Education to Single Family Premises, and/or Commercial and Business Establishments as described in this Section 4 and in Section 5. Contractor shall submit each item to City for review and approval prior to printing, production or distribution. The format for the type of Public Information that shall be provided (e.g. brochure, flyer, pamphlet, letter, postcard, hang tag, video, bill insert, email, eblast, social media posting(s), website pages/content, mobile phone texts, and/or dial-out phone messages) must be confirmed with the City prior to Contractor’s preparation of the Public Information materials. The method for providing the Public Information and Consumer Education, including but not limited to first-class direct mailing, inclusion with Contractor’s bills, and via digital channels must also be confirmed with the City prior to the Contractor’s preparation of the Public Information materials described in this Section 4. Contractor shall submit materials to the City for review, comment and final approval within the timeframes described in this Attachment B. In no event shall such materials be submitted to City for review, comment and final approval less than thirty (30) days prior to the distribution date.

4.1 Complementary Bulky Items Collection Service for Single Family and Estate Premises.

Contractor shall provide two (2) annual Collections of Bulky Items for each Single Family and Estate Customer in City on a “by appointment” basis. Customer or City may request Collection of Bulky Items a minimum of five (5) business days in advance of the desired Collection date. The Collection date may be more than two (2) business days after the Customer’s or City’s request, on a date mutually agreed to by Customer and Contractor.

Collection shall occur on or before the Customer’s next regularly scheduled MSW Collection day, unless another date is agreed upon by Customer and Contractor or City and Customer. Bulky Items at Residences shall be collected at backyard and sideyard locations where MSW/Recyclable Materials and Food Scrap/Yard Trimmings Containers are located in accordance with the scheduled appointment time established by Contractor, which shall in no case be earlier than 7:00 a.m. local time.

Contractor shall Collect up to ten (10) Bulky Items per Collection at each Customer’s Premises at no additional charge to the Customer. For additional Collections of Bulky Items from Residential Premises, Contractor shall bill the Customer at the rates in Attachment D.

Bulky Items include the following: furniture, mattresses, couches and loveseats (including sleeper sofas), chairs and other small pieces of furniture, water heaters, refrigerators, ranges, washers, dryers, dishwashers, and other similar items (often referred to as “white goods”), and other large, bulky or heavy objects not normally discarded on a regular basis at Residences or Commercial Establishments. Yard Trimmings to be picked up as a Bulky Item must be bagged. Bulky Items must not be more than eight (8) feet in length, or more than four (4) feet wide, and must not exceed once hundred fifty (150) pounds. Bulky Items does not include the following: automobile bodies, Construction and Demolition

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Debris, tires, oil, antifreeze and other hazardous substances, Household Hazardous Waste, Electronic Waste, fluorescent bulbs, household batteries, MSW, Recyclable Materials, Food Scraps, or items requiring more than two (2) persons to remove.

In the event of a dispute between Contractor and a Customer as to whether an item meets the definition of a “Bulky Item” for Collection pursuant to this Section, the City shall make the final determination.

Bulky Items Collected by Contractor shall not be landfilled or Disposed until the following hierarchy of Diversion efforts has been followed by Contractor and Contractor has made reasonable, verifiable and documented efforts to Divert Bulky Items from Disposal:

1. Re-use “as is” or repair.

2. Disassemble for re-use, re-purposing or Recycling.

3. Recycle.

4. Dispose.

For appliances containing Freon or any other coolant that is Hazardous Waste, Contractor shall be responsible for the proper removal of the Freon from the appliances in a manner consistent with federal, state and local laws and regulations, and for Recycling the metal from said appliances, all at no additional cost to the Customer or the City. Contractor may perform this service itself, or deliver the Collected appliances to a fully permitted third party for removal of the Freon and Recycling of the metal.

Contractor shall participate in the Bye Bye Mattress Recycling program and the California Carpet Stewardship Recycling program (through the Carpet America Recovery Effort (CARE)) by diverting mattresses and carpets to these recycling programs when these materials are included in the Bulky Items Collection.

Contractor shall maintain records of the Customers requesting Bulky Items Collection, the number of Collections requested by each Customer, the number of Collections provided by Contractor, the number and Tons of Bulky Items delivered for repair, re-use, repurposing and Recycling, the names, addresses and contact persons at the organizations and facilities where Contractor has delivered Bulky Items for re-use, repair and/or Recycling, and the types of Bulky Items Contractor is able to Divert to repair, re-use, repurposing and the Tons Disposed. The number of Collections and the Tons Collected, Diverted and Disposed each month shall be included in Contractor’s Monthly and Annual Reports as described in Attachment K. Contractor shall submit additional records and information (including, but not limited to, records of the number of requests per Customer, the types of Bulky Items Contractor is able to Divert and the organizations or Persons Contractor delivered Bulky Items to for Diversion) to the City upon request As set forth in Section 5 of this Attachment B, Contractor shall notify all Residential Customers of the Bulky Items Services described in Sections 4.1 and 4.2.

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4.2 Holiday Greenery Collection and Recycling.

Contractor shall collect, at curbside or in alley locations, Christmas trees and other holiday greenery from Single Family Dwellings for three (3) full weeks from December 26 through January 15 of each year of the Term. (After this period, trees shall be Collected as Bulky Items and shall be counted as one of the two (2) Bulky Item Collections per calendar year as described in Section 4.1 of this Attachment B.) Trees up to six feet (6’) in length shall be Collected and Diverted without Customers being required to cut them. Contractor may request that Customers with larger trees cut the trees into pieces no longer than six feet (6’) by placing such information in the postcard or brochure advertising the program and/or by tagging the tree stating it must be cut into smaller length(s). Contractor shall prepare a brochure or postcard informing residents of such Collection service. Contractor shall submit a draft of the brochure or postcard to City for review and approval by October 1 of each year of the Term. The brochure or postcard shall be prepared and mailed firstclass postage, and shall be professionally designed and mailed so that residents receive the brochure or postcard not later than December 10. Residents shall be instructed on how to prepare Holiday Greenery for Recycling including removing all ornaments, lights and tinsel. Holiday Greenery which complies with these instructions shall be delivered by Contractor to the City designated Compost Facility or other City-designated Processing Facility.

Contractor shall Compost or otherwise Divert all Collected holiday greenery that meets the requirements of this Section (i.e. trees that contain no flocking, tinsel, lights or ornaments). Contractor is prohibited from delivering Holiday Greenery Collected in City and any Compost or mulch created from holiday greenery Collected in City, to any landfill for use as ADC.

Trees and greenery that have been flocked or are Contaminated by ornaments, lights and/or tinsel shall be delivered to the City designated Disposal Facility for Disposal.

Contractor shall provide City a written report by February 15 of each year of the Term, listing the Tons of Christmas trees and holiday greenery Collected, the Tons delivered to the Compost Facility or other City-designated Processing Facility and the Tons delivered to the Disposal Facility. Contractor shall provide City with copies of weight tickets from the Compost Facility or other City-designated Processing Facility and from the Disposal Facility as documentation of the Tons Diverted and Disposed. Contractor shall provide the holiday greenery Collection program at no additional cost to the City or to Customers.

4.3 Community Shredding Events.

Contractor shall advertise and conduct two (2) community shredding events each calendar year during the Term, on a non-holiday weekend day mutually agreed upon by City and Contractor. Residents and Commercial Establishments of City may bring a maximum of ten (10) “banker’s boxes” per Resident and/or Commercial Establishment for shredding. City Hall and other City Facilities may participate in the shred events by bringing documents for shredding. Contractor shall arrange the in-City location for such event and shall provide all required labor, equipment, traffic control and other needed

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elements for the shredding event. A site plan and traffic control plan shall be submitted to the City for approval at least thirty (30) days prior to each event. If mutually agreed upon by City and Contractor, Contractor may require participants to show evidence of residence or business location within the City by showing one of the following items: a driver’s license, utility bill, Contractor’s bill or other bill with the Resident’s name and a City address. Contractor shall advertise the events through its website and through mailings and other Public Information and outreach methods described in Section 5 of this Attachment B. If Contractor and City choose to require proof of City residency at the events, Contractor shall include this requirement in all Public Information materials prior to each community shredding event.

Contractor shall ensure that all paper delivered by Customers to the community shredding event is properly shredded and Recycled. Contractor shall provide a report to the City within thirty (30) days after each event listing the number of participants and the quantity of paper received, shredded, and Recycled as well as the name of the subcontractor used for the shredding/secured destruction and recycling of the paper. Contractor shall provide the community shredding event at no additional cost to the City or to Customers.

4.4 Compost Giveaway Events.

Each year during the Term, Contractor shall provide two (2) free Compost distribution events within the City for Residential Customers. The Compost product shall be provided in bags containing one (1) cubic foot of Compost and each Resident shall receive up to five (5) bags of Compost per event. Contractor shall provide a sufficient quantity of Compost for five hundred (500) residents per event. The Compost shall be laboratory tested and shall meet the U.S. Composting Council’s Seal of Testing Assurance standards. Laboratory test results of the product(s) to be distributed shall be submitted to City a minimum of fifteen (15) days prior to each distribution events. Contractor shall notify City at least sixty (60) days in advance of the Compost giveaway events. The parties shall coordinate regarding the location and timing for each event, which shall be held each year of the Term in February and in October. Finalization of event dates, or any changes in event dates, shall be mutually agreed to by the City and the Contractor. The Compost Giveaway events will be conducted on a “first come-first served” basis. Contractor shall operate each event for a minimum of six (6) hours. No Resident shall be turned away.

Contractor shall arrange the in-City location(s) for such events and shall provide all required labor, equipment, traffic control and other needed elements for such events. A site plan and traffic control plan shall be submitted to the City for approval at least thirty (30) days prior to each event. If mutually agreed upon by City and Contractor, Contractor may require participants to show evidence of residence within the City by showing one of the following items: a driver’s license, utility bill, Contractor’s bill or other bill with the Resident’s name and a City address. Contractor shall advertise the events through its website and through mailings and other Public Information methods described in Section 5 of this Attachment B. If Contractor and City choose to require proof of City residency at the events, Contractor shall include this requirement in all Public Information materials prior to each compost giveaway event.

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Contractor shall provide City with a report within thirty (30) days following each event listing the number of participants, the quantity of Compost distributed.

4.5 City Services.

Contractor shall provide all of the following services during the Term of the Agreement.

4.5.1 City Sponsored Special Events.

City may sponsor, co-sponsor, host or otherwise organize special events within City, referred to as “City Sponsored Special Events”. Contractor shall, at no additional cost to City, design and implement a “Solid Waste and Recycling Plan” for up to twenty (20) City Sponsored Special Events each calendar year. The plan shall include all steps and actions to be completed by Contractor at each of the “City Sponsored Special Events” for the Collection of MSW, Food Scraps and Recyclable Materials preceding, during and after the special event. Contractor shall provide, at no additional cost to City, temporary Containers with specially configured lids and appropriate signage, as approved by City, for the general public to dispose of MSW, Recyclable Materials, and Source Separated Food Scraps, as well as larger sized Bins and/or Roll-Off Boxes as needed for cardboard and other materials. Contractor shall submit the “Solid Waste and Recycling Plan” a minimum of thirty (30) days prior to the “City Sponsored Special Event”, and City will provide comments/changes/feedback within ten (10) calendar days. Contractor shall make changes and finalize the Solid Waste and Recycling Plan no later than fourteen (14) days prior to the Event. City may require Contractor’s Recycling Coordinator to be present at such events to ensure (a) that all Containers have been properly delivered and positioned throughout the event space; (b) that all Containers have proper signage indicating what materials go in each Container; and (c) that the Containers are being emptied as frequently as required to prevent overflow of materials or placement of Divertible Materials in the MSW Containers or in the wrong Container. At City request, the Recycling Coordinator shall also provide information to the public about available Diversion and other services and/or provide Public Information and Education materials and speak about MSW, Recycling and Diversion programs.

The City Sponsored Special Events include, but are not limited to, those listed below.

Recreation Program Special Events: Estimated
Attendees
Great San Marino Egg Hunt/Firefighter Pancake Breakfast 3,500 Battle of the Youth Rock Bands 1,000
Memorial Day Service 300
Lacy Park After Dark Camp-Out 300
4th of July Celebration 11,000
Summer Concerts Series (approx. 500 per concert) 3,000
Puppy Love Dog PAW-ty 800
Trunk or Treat 2,300
Home for the Holidays 1,700
Kite Making 40
Family Nights 800

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Happy Hour 400
Employee Luncheon 150
Library Special Events:

Open House 1,000
Delicious Destinations 250
SRC Shindig Kickoff Celebration Soiree 750
Contractor shall develop and print a “City-Sponsored Special Events” brochure as described in Section 5 of this Attachment B. City may, in its sole discretion, change the events above at which the service shall be provided. Contractor shall provide a written report to the City within thirty (30) days after each City Sponsored Special Event listing total tons of MSW, Food Scraps and Recyclable Materials (by individual category) collected as well as facilities to which the MSW, Food Scraps and Recyclable Materials were delivered, together with copies of weight tickets and other pertinent supporting documents.

If City desires Contractor to provide such services at additional City Sponsored Special Events (in excess of twenty (20) per calendar year), the parties agree the additional compensation to Contractor shall be determined using the procedures in Section 5.12 (“City’s Right to Change Scope of Work”) and Section 14.07 (“Adjustments to Contractor Compensation Based on City-Directed Changes in Scope of Work”) of the Agreement.

4.5.2 Large Venue Special Events.

If any special event serves an average of two thousand (2,000) or more individuals per day of operation of the large venue special event, or takes place at a permanent venue facility that annually seats or serves an average of two thousand (2,000) or more individuals within the grounds of the facility per day of operation, it is considered a large venue special event pursuant to Public Resources Code Section 42648 et seq. and must comply with the requirements therein. Large venue special events in San Marino include, but are not limited to, Chinese Club Lunar New Year and the San Marino Motor Classic.

Contractor shall develop and print a “Large Venue Special Events” brochure as described in Section 5 of this Attachment B. If requested by a special event operator, sponsor, the City, or the owner of operator of a "large venue" or "large event" Contractor shall attend annual or biennial meetings to discuss the types of MSW reduction, reuse and Diversion programs to be implemented at "large events" and "large venues." Upon the request of a large event or large venue owner or operator, or at the request of the City, Contractor shall prepare a “Solid Waste and Recycling Plan” for large events and for large venues within the City. Said plans shall be prepared within sixty (60) days after each plan is requested and shall contain all the elements required to implement Public Resources Code Section 42648 et seq. including, but not limited to, the methodology to be used to Collect and Divert Recyclable Materials, Food Scraps and Yard Trimmings (if applicable) generated by the event and to Collect and Dispose of MSW generated at the event.

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If requested by the City or the large event or large venue operator/producer, Contractor shall provide the services described in this Section 4.8.2. Contractor shall provide temporary Containers with specially configured lids and appropriate signage, as approved by the event operator/producer or City, for the general public to dispose of MSW, source separated Recyclable Materials, and source separated Food Scraps, as well as larger sized Bins and/or Roll-Off Boxes as needed for storage of materials. Contractor may charge the event producer or organizer rates that do not exceed the rates listed Attachment D for these services. Contractor shall provide prompt, timely and continuous Collection services throughout the entire special event, including, but not limited to the following: (a) Delivery of Carts, Bins, Roll Off Boxes and temporary Containers for use by the special event and general public, prior to the pre-event setup when the event has vendors arriving to set up (for example, set up of stages, vendor areas, media center, special pathways, etc.). Contractor shall provide a minimum of three (3) Recyclable Materials Roll Off Boxes and two (2) MSW Roll Off Boxes during set up, tear down and during the event. The number of Food Scraps and Yard Trimmings Bins shall be customized as needed based upon the size and duration of each special event. (b) Contractor shall work with the City to develop markets for the set-up materials (e.g. metal, wood, orange plastic mesh, and other by-products of set up construction activities and tear down demolition activities). For materials with markets or re-use opportunities, Contractor shall provide separate Bins and/or Roll Off Box(s) for Collection of such materials and shall deliver them for separation and marketing or donation to appropriate markets or outlets. (c) Contractor shall provide timely Collection services throughout all stages of the event and throughout the days of the event. This includes early Collection services for all Containers during pre-event set up and during each day of the event. For example, Collection services may be required as early as 11:00 a.m. on the days of the event and/or on pre-event set up days. (d) Contractor shall work with event staff to monitor the fullness of all Containers on each day of the event, in order to Collect Containers before any are completely full or overflowing, in order to prevent Contamination of Recyclable Materials and Food Scraps and in order to prevent Recyclable Materials and/or Food Scraps being placed in the MSW Containers. (e) Contractor shall provide Collection service late in the day and into the evening hours if required to keep Containers from becoming overfull. (f) Contractor shall provide Sunday Collection services for the event and such service shall continue until the event ends and all tear down and cleanup has occurred (note: this may require Collection Service on the day(s) after the event concludes).

Contractor shall provide a report to the City within forty-five (45) days of the end of the large venue special event describing in detail the MSW reduction, reuse and Recycling programs that were conducted at the event. Said report shall also include the total Tons of MSW Disposed from the event and the total Tons of Recyclable Materials, Food Scraps and Yard Trimmings Diverted and delivered to City-approved Processing Facilities with copies of weight tickets for all tons Diverted and Disposed. The report shall also include the overall percentage of materials that were diverted by Contractor from the event and the percentage of MSW that remained and was Disposed.

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4.5.3 Non-City Sponsored Special Events.

If the special event serves less than an average of two thousand (2,000) or more individuals per day of operation of the special event, or takes place at a permanent venue facility that annually seats or serves an average of less than two thousand (2,000) or more individuals within the grounds of the facility per day of operation, it is considered a special event.

Contractor shall develop and print a “Special Events” brochure as described in Section 5 of this Attachment B and disseminate it to operators/producers of special events in the City of San Marino and to those organizations or other Persons who may be planning special events.

If requested by City or a special event operator/producer, Contractor shall design and implement a “Solid Waste and Recycling Plan” for special events in the City for the Collection of MSW, Food Scraps, Yard Trimmings (if appropriate) and Recyclable Materials preceding, during and after the special event. Contractor shall provide temporary Containers with specially configured lids and appropriate signage, as approved by City or by the event operator/producer, for the general public to place MSW, Recyclable Materials, and Source Separated Food Scraps, as well as larger sized Bins and Roll-Off boxes as needed for storage of materials. Contractor may charge the occupant, coordinator, manager or sponsor of a special event the rates set forth in Attachment D.

Within thirty (30) days of the end of the event, Contractor shall provide a written report to the operator/producer of the event, with a copy to the City, listing the total Tons of MSW, Food Scraps and Recyclable Materials (by individual category) Collected as well as the City-designated Processing Facilities to which the Food Scraps and Recyclable Materials were delivered. Contractor shall include copies of weight tickets from each Processing Facility and from the Disposal Site and other pertinent supporting documents.

4.5.4 Emergency Collection and Disposal Service.

In the event of a natural disaster or other unforeseen emergency situation (e.g. earthquake, riot, or flood) Contractor shall, to the best of Contractor’s ability, provide emergency services to City within four (4) hours of notification by the City. Emergency services may include, but are not limited to, loading, collecting and hauling MSW, Construction and Demolition Debris (including but not limited to flood and earthquake debris), and large items to Processing Facilities, Disposal Sites or stockpiles as directed by City. Contractor shall provide, at a minimum, Collection vehicles, drivers and other personnel regularly assigned to the City, and shall also provide additional equipment, vehicles and personnel if available. Contractor shall be compensated directly by City for these services at the emergency service costs set forth in Attachment D. Emergency services costs reflect the hourly rate for one Collection vehicle and a two (2) person crew.

In the event that Contractor is unable to provide emergency services or is unable to provide sufficient or timely emergency services to City, City reserves the right to contract

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with another solid waste enterprise or any other Person on a temporary basis to Collect, transport, stockpile, Divert and/or Dispose of MSW, Construction and Demolition Debris and all other materials as needed for City to protect the public health, safety and welfare.

4.5.5 Collection Services at City Facilities.

Contractor shall provide Collection, at no cost to City, of all MSW, Recyclable Materials, Yard Trimmings/Wood, Food Scraps, tires, Bulky Goods and metals generated at Premises owned and/or operated by the City, no less than once per week, at the following locations: City Hall, City Yard, City Library/Community Center, The Old Mill, Stoneman House, Lacy Park, and Thurnher House.

Collection shall be at a time convenient for the City. The City may direct Contractor to change the frequency of Collection, the number and/or type of Container(s) provided, and/or the method of Collection.

4.5.6 Collection Services at Schools and the School District For the 4-month period between May 31, 2025 and September 30, 2025 Contractor shall provide Collection service to the schools and the San Marino Unified School District (SMUSD) at no charge. The locations of the schools are as follows:

San Marino High School, 2701 Huntington Drive
K. L. Carver Elementary School, 3100 Huntington Drive
Valentine Elementary School, 1650 Huntington Drive
Henry E. Huntington Middle School, 1700 Huntington Drive San Marino Unified School District Offices, 1665 West Drive As of October 1, 2025 the San Marino Unified School District and the schools will make their own arrangements for collection services with whatever company they choose and Contractor’s duty to provide Collection services to the schools and the SMUSD shall cease.

4.5.7 Bulky Item Collection Services for City.

Contractor shall, at no charge to City, provide Bulky Item Collection on a twice monthly basis for Bulky Items accumulated by City. City will contact Contractor to arrange for Collection of Bulky Items from the location designated by City. Bulky Items Collected from City shall be diverted for re-use or recycling to the maximum extent possible according to the hierarchy for Diversion contained in Section 4.1 of this Attachment B.

4.5.8 Street Sweeping Debris.

Contractor shall, at no charge to City, dispose of street sweeping debris delivered to the Contractor at a processing facility or disposal site designated by Contractor.

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SECTION 5: PUBLIC INFORMATION AND CONSUMER EDUCATION.

General. The parties agree that comprehensive, accurate information and consumer education are critical requirements of the Act and are, therefore, essential for City’s compliance with the Act and all Applicable Laws.

In addition to Public Information and Consumer Education requirements described in this Attachment B, Contractor shall ensure Food Scraps/Yard Trimmings recovery and outreach is implemented in accordance with CCR Section 18985.1, including providing annual information on (a) the Food Scraps/Yard Trimmings requirements for Generators to properly separate materials in appropriate Containers pursuant to CCR Section 18985.1; (b) the methane reduction benefits of reducing the landfill Disposal of Food Scraps/Yard Trimmings; and (c) the methods of Food Scraps/Yard Trimmings recovery, and the available Food Scraps/Yard Trimmings Collection services.

This section describes Public Information and Consumer Education to be provided by Contractor to Single Family Premises, Estates, Multi-Family Premises and Commercial and Business Establishments. Contractor shall submit each item to City for review and approval prior to printing, production or distribution. Such material includes but is not limited to brochures, flyers, pamphlets, letters, postcards, hang tags, videos, bill inserts, emails, eblasts, social media postings, website pages/content, mobile phone texts, and dial-out phone messages. The type of Public Information material and the method for providing the Public Information and Consumer Education, including but not limited to first-class direct mailing, inclusion with Contractor’s bills, and via digital channels must be confirmed with the City prior to the Contractor’s preparation of the Public Information materials described in this Section 5. Contractor shall submit materials to the City for review, comment and final approval in the timeframes described in this Section 5, and in no event less than thirty (30) days prior to the distribution date.

All public education and outreach materials described in this Section 5 of Attachment B shall be in both English and Mandarin. The City may direct that a QR Code be added to the English version of the public education piece, leading the reader to the Mandarin version of the public education piece posted on the City’s website. The City, at its sole discretion, may direct a specific public education and outreach piece to be only in English.

5.1 Ongoing Public Outreach to Be Conducted by Contractor.

Contractor shall, at every reasonable opportunity, work to: familiarize Residents, Businesses and Commercial Establishments, Property Managers, institutional representatives and other Persons with essential waste prevention and Recycling concepts and activities; explain benefits of Recycling, waste prevention, Food Scrap/Yard Trimmings Diversion programs, Composting and other forms of Diverting MSW; provide data on Diversion activities in City which are coordinated or provided by Contractor; fully and clearly explain services and programs available to Residents, Businesses and institutions; publicize materials to be collected for Diversion; diligently pursue expanding markets such that new items, formerly Disposed at landfills, become Recyclable Materials

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and/or Divertible Materials, and; respond to questions or requests for information from Residents, Businesses, property managers, institutional representatives and other Persons. Contractor shall provide and distribute outreach material in the form of online resources (website, social media), flyers, pamphlets, postcards, magnets or other methods acceptable to City. All printed materials shall be printed on Recycled paper.

5.2 Professionally Designed and Produced Public Outreach Materials.

In creating the Public Information and Consumer Education materials listed herein, Contractor shall professionally design, print and/or produce said materials such that they are attractive, easy to read, and evidence a professional design and layout. Materials shall be a minimum of 4-colors unless a simpler color scheme is more appropriate and pre-approved by the City. The content, design and layout of all public education materials prepared by Contractor shall be submitted to the City for review and approval a minimum of thirty (30) days prior to printing/production or within a timeframe established by the City.

5.2.1 Costs.

Funds for creation, production and distribution of all Public Information and Consumer Education materials described in this Section 5 of Attachment B are included in the rates in Attachment D. Therefore, the costs for creation, production and distribution of all Public Information and Consumer Education described herein shall be borne by Contractor.

5.3. City Council Presentations
Upon the written request of City, Contractor shall provide at no additional cost to City, at least one (1) presentation to the City Council regarding programs required by the Agreement, and other Municipal Solid Waste and Diversion matters, on an annual basis.

5.4 Residential Public Education and Outreach Materials. [Note: The exact Dates for Public Outreach will be filled in below based on the timing of the proposed Implementation in Attachment C]

5.4.1 Annual Updated Residential and Estate Recycling Guide.

Contractor shall professionally create the Residential Recycling guide (“Guide”) which provides Residents with information on all Collection programs for Single Family Dwellings and Estates provided by Contractor specific to the City of San Marino. The initial Guide shall be produced and distributed on or before _____________to coincide with distribution of new Carts. The Guide shall be direct-mailed to all Single Family Dwelling and Estate Customers on or before ___________ and then on ___________of each subsequent year of the Term. The Guide shall use attractive and engaging images and graphics and shall include images of Carts, acceptable materials in the program, information and rates for obtaining Extra Carts, a link to both the City and Contractor’s websites, toll-free number, how to participate in special services such as Bulky Item

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Services, how to replace a lost, stolen or damaged Cart, availability and the benefits of Waste Diversion and Recycling to the community, legislative requirements, and other content as directed by the City. Education on the use of durable containers for storing food and packing school lunches, rather than using plastic snack, sandwich and other single-use food storage bags (explaining that such plastic bags are not recyclable) shall also be included in the Guide
On or before _________ and then on or before __________ of each subsequent year, Contractor shall provide a draft of the updated Guide to the City. The City shall provide edits and written feedback on the draft updated Guide no later than __________ and __________ of each subsequent year. Contractor shall incorporate the edits and send the final version to the City no later than _______ and no later than _______ of each subsequent year. City shall approve the final updated Guide for print and distribution by ________ and _________ of each subsequent year. Contractor shall print and distribute the Guide by mail to all Single Family Dwelling and all Estate Customers in the City on or before ___________ and then on or before __________ of each subsequent year. The Guide shall be produced in English and Mandarin by printing the Guide in English and including a ‘Quick Read Code’ (QR Code) with a link to the Mandarin Version. The QR Code description shall be in Mandarin.

5.4.2 Semi-Annual Residential Special Programs - Notifications Contractor shall prepare and distribute two (2) Residential special programs notice/newsletter mailings each calendar year on April 15 and October 15, with the first mailing on _________. Said professional, four-color, well-formatted and designed notice/newsletter, shall be created as a pamphlet or brochure The notice/newsletter shall provide information to all Single Family Dwelling and Estate Customers on (a) upcoming holiday Collection schedules, (b) holiday tree and greenery Collection, (c) Bulky Item Collection, (d) prohibited materials, such as syringes and other Household Hazardous Wastes (HHW) that may not be placed in MSW Carts, (e) information on the Compost giveaway, (f) information on the shredding events, (g) environmental-related events, (h) other timely Solid Waste and materials Diversion information, and (i) education on the use of durable containers rather than using plastic snack, sandwich and other single-use food storage bags (explaining that such plastic bags are not recyclable). Contractor shall provide a draft of the special programs notice/newsletter to the City sixty (60) days prior to the scheduled mailing dates of __________ and ___________ of each year. The City shall provide edits and written feedback on the draft special programs notice/newsletter forty-five (45) days prior to the scheduled mailing date. Contractor shall incorporate the edits and send the final version to the City no later than thirty (30) days prior to the scheduled mailing date. City shall approve the final special programs notice/newsletter for print and distribution twenty (20) days prior to the scheduled mailing date. Contractor shall print and distribute the notice/newsletter by mail to all Customers in the City on __________, and two (2) times each year thereafter on or before the dates required herein.

These two notice/newsletter mailings may also act as notice of Compost giveaway, events described in Section 3 as long as the mailings are received by Single Family

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Dwelling, Estate and Multi-Family Dwelling Customers a minimum of three weeks (3) prior to the events and no more than thirty-five (35) days prior to each event. If the City determines that the mailings are not timely for these events, Contractor shall prepare and distribute postcards notifying Residents of Single-Family Dwellings, Estates and MultiFamily Dwelling Customers of the events and how they may participate, with postcards to be received by Customers in the timeframe described herein. City shall approve all postcards prior to mailing by Contractor. The notifications shall be produced in English and Mandarin, and printed in English with a QR Code for the Mandarin version. The QR Code description shall be in Mandarin.

5.4.3.Collection Day Change – Residential Outreach.

If Contractor implements new routing as of December 31, 2026 (or another date if mutually agreed to by Contractor and City) as described in Section 1 of this Attachment B, Contractor shall send a direct-mail piece to all Single Family Dwelling and Estate Customers that will experience a Collection day change. This notification, shall be mailed on or before ________, and shall include the following components:
· Reasons why the route change is occurring.
· Current service day for the Customer.
· New service day for the Customer.
· Effective date of route changes.
· Link to online service day map showing current and proposed service days.

During the week of _______, Contractor shall “robo-call” all Customers who will experience a Collection day change with a pre-recorded telephone message telling them of the change in service day. Contractor will also “robo-call” all Customers who will experience a Collection day change, with an additional reminder using a pre-recorded telephone message, during the week of __________.

Contractor shall provide files to City with maps and addresses such that the City may add a feature to its website in which the Resident may type in their address to see their new Collection day. Contractor shall provide color-coded maps of all neighborhoods with route changes highlighted in different colors showing the new day of the week for Collection.

These maps may be used by City on its website, in City Council Meeting presentations, in neighborhood presentations and through other methods of distribution deemed appropriate by City. [Note: The exact Dates will be filled in prior to the Agreement execution with the selected Proposer based on the timing of the proposed Implementation in Attachment C.]

5.5 Property Managers Notice and Meetings.

In addition to meeting all requirements of Sections 3.6 and 3.7 of this Attachment B for “fully implementing” all required Diversion Programs at Multi-Family Customers within the timeframes specified therein, Contractor shall, during the month of October of each year

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of the Term notify all property managers, owners and Authorized Customer Representatives of Multi-Family Residential Premises of each method of Waste Diversion and Recycling available to their Residents. Once Multi-Family complex(es) are constructed and occupied in the City, Contractor shall submit by August 1 of each year a draft notice to City for review and approval. The notice shall be professional, wellformatted and designed as a pamphlet or brochure and mailed via first class postage.

The Contractor’s Recycling Coordinator shall meet with every property manager of MultiFamily Premises at least twice per year and attend Multi-Family related community meetings The meetings with the property managers and attendance at community meetings shall be documented in the Monthly Reports described in Attachment K.

Contractor shall utilize Public Information and Consumer Education materials described herein, and such other Public Education and Consumer Education and training materials as needed, when implementing Diversion Programs in Multi-Family properties (as more fully described in Section 3.7 of this Attachment B). Contractor shall report the results of telephone and in-person contacts made with property managers, owners and Authorized Customer Representatives as part of the monthly reports required in Attachment K.

5.6 Brochure for Multi-Family and Commercial Yard Trimmings Program.

Annually, Contractor shall prepare a professional, well-formatted and designed brochure for Multi-Family, Commercial and others with centralized Yard Trimmings Collection. The brochure shall contain information regarding the requirements of SB 1383 in relation to Composting of Yard Trimmings, as well as descriptions of model programs for centralized Yard Trimmings Collection, Composting of Yard Trimmings in a community garden or at a Community Composting Site; how-to steps for setting up such programs, and availability of technical assistance from Contractor to assist in setting up such programs.

Contractor shall submit the brochure to City for review and approval on or before ____________ and thereafter, on or before ________ of each year of the Term.

Contractor shall distribute the brochure by a first-class postage mailing or in-person.

Contractor shall produce the brochure for Multi-Family Commercial Yard Trimmings in English with a QR Code for Mandarin.

5.7 Brochure for Commercial and Business Establishments Services.

Annually, the Contractor shall prepare a professional, well-formatted and designed brochure for Commercial and Business Establishments that describes, at a minimum, the services available, a complete list of the current rates for all services, benefits and cost savings that may result from participation in Diversion programs, detailed information on requirements of, and how-to set up a Recyclable Materials program, detailed information on requirements of and how to set up a Yard Trimmings/Food Scraps program, and availability of technical assistance from Contractor or other Recycling companies and Persons. The brochure shall also contain information about SB 1383 and the SB 1383 requirements for Commercial and Business Establishments. Contractor shall submit the draft brochure to City for review and approval on or before __________ and on or before

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________ of each year of the Term thereafter. Contractor shall distribute the brochure by a first-class postage mailing or in-person. The Contractor is responsible for reporting to City the results of phone and in-person contacts on an annual basis in the reports described in Attachment K.

The brochure for Commercial and Business Establishments shall include a section on Construction and Demolition Debris Recycling and Diversion. City may direct that a separate, standalone Construction and Demolition Debris Recycling and Diversion brochure shall be developed and printed in English with all associated costs borne by Contractor.

Contractor shall produce the brochure for Commercial and Business Establishments Services in English and Mandarin

5.8 AB 827 Food Scraps Brochure, Training Materials and Signage.

Contractor shall develop an AB 827 Food Scraps brochure and associated training materials to assist food-serving Commercial and Business Establishments in complying with the requirements of AB 827 regarding internal containers for Food Scraps, Recyclable Materials and MSW in dining areas. The brochure and training materials shall include information regarding AB 827, the requirements for implementation, information about the types of interior Food Scrap containers that are commercially available to implement the program, and a training outline (i.e. a how-to, for implementation of the program). The brochure and training materials shall also include information about the types of signage required for implementation of the program, including the specific wording necessary to include on the signs. Contractor shall produce the AB 827 brochure and training materials in English and Mandarin.

Contractor shall submit the draft AB 827 Food Scraps brochure and training materials to the City for review by __________. City will provide comments within fourteen (14) days, and Contractor shall finalize the brochure and training materials by __________, and begin assisting Commercial and Business Establishments with implementation of these programs. Contractor shall update this brochure and training materials each year of the Term, whenever there are any amendments or changes to AB 827 by subsequent legislation, changes to the Act or other regulatory changes to the requirements for foodserving Commercial and Business Establishments.

5.9 SB 1383 Commercial Restaurants Food Scraps Brochure, Training Materials and Signage.

Contractor shall develop a Commercial restaurant Food Scraps brochure and associated training materials to assist food-serving Commercial and Business Establishments in implementation of SB 1383 Food Scraps Diversion Programs. The brochure and training materials shall include information regarding SB 1383, the requirements for implementation, information about the types of interior and exterior Food Scrap containers that are available to implement the program, and a training outline. (i.e. a how-to, for implementation of the Food Scrap Diversion program). The brochure and training

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materials shall also include information about the types of signage required for implementation of the program, including the specific wording necessary to include on the signs. The brochure and training materials shall also include information on the SB 1383 requirements for, and the steps for how to set up an Edible Food donation program.

Contractor shall produce the Commercial restaurants Food Scraps brochure and training materials in English and Mandarin.

Contractor shall submit the draft Commercial restaurants Food Scraps brochure and training materials to the City for review by _______. City will provide comments within fourteen (14) days, and Contractor shall finalize the brochure and training materials by _________, distribute the brochure via first class mail and/or in person, and shall utilize the brochure in implementing Commercial Food Scrap Diversion programs as described in Section 3.7 of this Attachment B. Contractor shall update this brochure and training materials every other year of the Term, beginning with the brochure produced and finalized on or before _________.

5.10 Special Events Brochures, Training Materials and Signage.

Contractor shall develop the following three brochures and three sets of training materials related to Special Events: one each for City-Sponsored Special Events, Large Venue Special Events and non-City-sponsored Special Events. Contractor shall develop signage for City-Sponsored Special Events, and model signage for Large Venue Special Events and Special Events. The materials to be created, produced and distributed include professional, four-color, well-formatted and designed brochures, training materials and signage.

The brochures and training materials shall include information regarding SB 1383, requirements for implementation of Recycling, Food Scrap Diversion and MSW programs in relation to the special events as required by Public Resources Code Section 42648 et seq., all information needed to implement the programs described in Section 4 of this Attachment B, and training outlines (i.e. a ‘how-to’ for implementation of the Recycling and Diversion programs at the events). The brochure and training materials shall also include information about the types of signage needed for implementation of the programs, including the specific wording necessary to include on the signs and model signage for reference. Contractor shall design and print signage for the City-Sponsored Special Events, after submittal to City for approval. The brochure and training materials shall include information and steps on how to set up an Edible Food donation program for special events. The brochure, training materials, signage for City-Sponsored Special Events, and brochure, training materials and model signage for Large Venue Special Events and non-City Sponsored Special Events shall be produced in English and Mandarin.

Contractor shall submit the three sets of brochures and three sets of training materials and signage (including model signage) related to special events to City for review by _________. City will provide comments within fourteen (14) days, and Contractor shall finalize the brochures and training materials by __________. Contractor shall produce the three sets of brochures and three sets of training materials related to Special Events,