Agenda packet — San Marino City Council, September 10, 2025 (part 2 of 7)

July 30, 2024
Philippe Eskandar
City Manager
2200 Huntington Drive
Second Floor
San Marino, CA 91108
On behalf of Athens Services please accept the 2024 Semi Annual Report, covering January 1, 2024, to June 30, 2024, for solid waste and recycling services as required by the Franchise Agreement (“Agreement”) between Arakelian Enterprises, Inc. d/b/a Athens Services (“Athens”) and the City of San Marino (Section 13, Record & Reports).

Please do not hesitate to contact me should you have any questions regarding this report or our services. We truly value the partnership with the City of San Marino and look forward to continue providing exceptional solid waste and recycling services for the residents and businesses in San Marino.

Sincerely,
Christina Duong
Sr. Director of Contract Compliance
15045 Salt Lake Ave.

City of Industry, CA 91746
[email protected]
(626) 336-3636
PAGE 178 of 1808

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TABLE OF CONTENTS

1. A., H., I.) WASTE HAULED TONS REPORT……….……………………………………………………….…………… 3

2. B., C.) CUSTOMER COUNT SUMMARY ……………………………………………………………………………….. 4

3. D., E.) SUMMARY OF COMPLAINT LOG ………..……………………………………………………………………. 5

4. F.) WASTE FACILITY DISPOSAL INFORMATION …………………………………………………….……..……… 6

5. G.) MONTHLY WASTE DISPOSED …………………………………………………………………………........…….. 7 PAGE 179 of 1808

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City of San Marino Semi-Annual Report: January through June 2024 A. Total tons of solid waste collected pursuant to the agreement, H. Total tons of Recyclables collected pursuant to the Agreement, and I. Total Tons of Green Waste collected pursuant to the Agreement.

Athens Services
San Marino AB 939 Reporting Quantities
For the period from January to June 2024
Waste Hauled Summary
Residential Residential Commercial Commercial Industrial Industrial Industrial Total Facility Rubbish Organics Rubbish Organics C&D Organics Rubbish Tonnage Athens Industry MRF 3,308.27 2,152.03 1,249.67 21.67 - 29.81 323.01 7,084.46 Azusa Land Reclamation - - - - - - 14.75 14.75
California Waste DTLA - - - - 9.18 - - 9.18
Crown Recycling Services - 9.94 - 2.84 83.64 - 10.32 106.74 Sun Valley MRF 12.99 - 4.26 - - - - 17.25
Total Tonnage 3,321.26 2,161.97 1,253.92 24.51 92.82 29.81 348.08 7,232.38 Diversion Summary
Glass 9.46 - 1.45 - - - 0.14 11.05
Cardboard 70.08 - 23.95 - - - 3.43 97.46
Ferrous (Iron/Steel) 7.73 - 7.52 - - - 3.57 18.82
Aluminum 1.00 - 0.20 - - - 0.05 1.24
Plastics 19.80 - 2.98 - - - 0.99 23.77
Green Waste/ADC/Wood/Fines 110.46 1,863.16 190.56 - - 25.51 42.55 2,232.24 Other Materials: (Mixed Waste Paper) 27.84 - 3.41 - - - 1.53 32.78 Anaerobic Digestion - - 9.07 - - - 2.77 11.84
Inerts - - - - - - 22.51 22.51
C&D Diversion - - - - 82.54 - - 82.54
Organic Recovery - - - 12.68 - - - 12.68
Non-Disposed Tons 594.89 - 230.58 - - - 53.17 878.64
841.25 1,863.16 469.73 12.68 82.54 25.51 130.70 3,425.56 Diversion 47.36%
Note:

Increased external pressures resulting from foreign policy changes have eliminated outlets for materials recovered from waste streams. That, along with AB 1857, which eliminates the use of waste to energy as a means for diversion, presents an ongoing challenge to maintaining our landfill diversion rate. The reported diversion for your city will be subject to these ongoing challenges.

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City of San Marino Semi-Annual Report: January through June 2024 B. Number of residences served pursuant to the agreement.

C. Number of non-residential premises serviced.

CUSTOMER TYPE MONTHLY AVERAGE
Total number of Residential Customers: 4310
Total number of Commercial Customers: 117
Total number of Roll-Offs provided: 15
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City of San Marino Semi-Annual Report: January through June 2024 D. Log of complaints received and the disposition of each.

E. Number of missed collections reported to COLLECTOR.

DESCRIPTION COUNT
DAMAGE 7
DRIVER PROBLEM 0
MISSED 113
REFERRAL TO SUPERVISOR 0
**Please see Exhibit A for the complete log of complaints received.

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City of San Marino Semi-Annual Report: January through June 2024 F. The name, address and telephone number of each solid waste disposal facility used by COLLECTOR during the six-month reporting period.

DISPOSAL FACILITY ADDRESS TELEPHONE #
Azusa Land Reclamation 1211 West Gladstone St, Azusa, CA 91702 626-334-0719 California Waste Services - DTLA 3720 Noakes St, Los Angeles, CA 90023 323-262-1604 City of Industry MRF (Athens) 14048 East Valley Blvd, City of Industry, CA 91746 888-336-6100 Crown Recycling Services 9189 De Garmo Ave, Sun Valley, CA 91352 818-767-0675 Sun Valley MRF (Athens) 11121 Pendleton St, Sun Valley, CA 91352 818-767-0675 Note: For 6 Months - Ended June 30, 2024
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City of San Marino Semi-Annual Report: January through June 2024 G. The total amount of waste disposed in each landfill during each month of the reporting Period.

Facility January February March April May June
Semi-Annual
Total
Chiquita 44.02 57.95 38.51 50.35 60.26 51.14 302.23
Bowerman - - 0.47 - - - 0.47
Brea Olinda 12.13 7.56 13.21 13.56 19.16 33.77 99.39
Victoville 11.70 0.79 6.37 16.32 7.27 9.82 52.27
Midvalley 628.58 455.95 480.13 386.52 416.75 473.39 2,841.32 San Tim 128.30 14.01 48.23 119.95 98.23 99.76 508.47
3rd Party - - - - - 2.66 2.66
824.72 536.25 586.91 586.71 601.68 670.53 3,806.81
PAGE 184 of 1808

CITY OF SAN MARINO
JULY - DECEMBER 2024 SEMI-ANUAL REPORT
JANUARY 31, 2025
Prepared For
Philippe Eskandar
City Manager
City of San Marino
2200 Huntington Drive,
Second Floor
San Marino, CA 91108
Prepared By
Christina Duong
Sr. Director of Contract Compliance
Athens Services
15045 Salt Lake Avenue
City of Industry, CA 91746
(626) 336-3636
[email protected]
PAGE 185 of 1808

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January 31, 2025
Philippe Eskandar
City Manager
2200 Huntington Drive
Second Floor
San Marino, CA 91108
On behalf of Athens Services please accept the 2024 Semi Annual Report, covering July 1, 2024, to December 31, 2024, for solid waste and recycling services as required by the Franchise Agreement (“Agreement”) between Arakelian Enterprises, Inc. d/b/a Athens Services (“Athens”) and the City of San Marino (Section 13, Record & Reports).

Sincerely,
Christina Duong
Sr. Director of Contract Compliance
15045 Salt Lake Avenue
City of Industry, CA 91746
[email protected]
(626) 336-3636
PAGE 186 of 1808

Page 2 ends

TABLE OF CONTENTS

1. A., H., I.) WASTE HAULED TONS REPORT……….……………………………………………………….…………… 3

2. B., C.) CUSTOMER COUNT SUMMARY ……………………………………………………………………………….. 4

3. D., E.) SUMMARY OF COMPLAINT LOG ………..……………………………………………………………………. 5

4. F.) WASTE FACILITY DISPOSAL INFORMATION …………………………………………………….……..……… 6

5. G.) MONTHLY WASTE DISPOSED …………………………………………………………………………........…….. 7 PAGE 187 of 1808

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City of San Marino Semi-Annual Report: July through December 2024 A. Total tons of solid waste collected pursuant to the agreement, H. Total tons of Recyclables collected pursuant to the Agreement, and I. Total Tons of Green Waste collected pursuant to the Agreement.

PAGE 188 of 1808

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City of San Marino Semi-Annual Report: July through December 2024 B. Number of residences served pursuant to the agreement.

C. Number of non-residential premises serviced.

CUSTOMER TYPE MONTHLY AVERAGE
Total number of Residential Customers: 4323
Total number of Commercial Customers: 118
Total number of Roll-Offs provided: 17
PAGE 189 of 1808

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City of San Marino Semi-Annual Report: July through December 2024 D. Log of complaints received and the disposition of each.

E. Number of missed collections reported to COLLECTOR.

DESCRIPTION COUNT
DAMAGE 7
DRIVER PROBLEM 0
MISSED 156
REFERRAL TO SUPERVISOR 0
**Please see Exhibit A for the complete log of complaints received.

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City of San Marino Semi-Annual Report: July through December 2024 F. The name, address and telephone number of each solid waste disposal facility used by COLLECTOR during the six-month reporting period.

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City of San Marino Semi-Annual Report: July through December 2024 G. The total amount of waste disposed in each landfill during each month of the reporting Period.

Facility July August September October November December Semi-Annual Total
Chiquita 51.99 2.78 5.02 - - - 59.78
Bowerman 13.20 77.88 166.54 145.29 178.44 193.66 775.01 Brea Olinda 40.22 45.16 38.97 36.75 56.75 48.16 266.01
Victoville 9.81 5.54 7.69 25.19 69.09 113.61 230.92
Midvalley 518.81 275.73 321.81 132.98 57.80 24.18 1,331.32 San Tim 129.89 62.69 124.29 54.42 79.55 143.15 594.00
3rd Party - 3.20 1.42 8.06 2.64 2.36 17.68
763.93 472.97 665.74 402.70 444.27 525.12 3,274.73
PAGE 192 of 1808
Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended January 31, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Industrial Total Facility Rubbish Green Waste Rubbish Organics C&D Green Waste Rubbish Tonnage Athens' MRF 670.27 189.36 39.04 898.67
Athens' MRF Green Waste 343.92 0.93 7.50 352.35
Azusa Land Reclamation 23.42 23.42
Crown Recycling Services 37.18 - 37.18
Total Tonnage 670.27 343.92 189.36 0.93 37.18 7.50 62.46 1,311.62 -
Diversion Summary in Tons
Glass 3.05 0.35 0.03 3.43
Cardboard 5.81 1.50 0.16 7.47
Ferrous (Iron/Steel) 2.31 1.37 0.49 4.17
Aluminum 0.51 0.08 0.01 0.60
Plastics 3.56 0.42 0.14 4.12
Green Waste/ADC/Wood/Fines 20.70 293.68 27.00 6.40 4.78 352.56 Anaerobic Digestion - 2.47 0.51 2.98
Inerts 23.42 23.42
C&D Diversion 30.57 30.57
Organic Recovery 0.79 0.79
Non-Disposed Tons 167.57 48.37 9.76 225.70
Total Diversion Tons 203.50 293.68 81.56 0.79 30.57 6.40 39.30 655.81 Diversion 50.00%
Customer Count Summary
Total number of residential customers 4,299
Total number of commercial customers 119
Total number of roll-offs provided 27
Note:

Increased pressures resulting from foreign policy changes have eliminated outlets for materials recovered from waste streams. That, along with the uncertainty of the availability of diversion options like SERRF, presents an ongoing challenge to maintaining our landfill diversion rate. In addition, in response to the COVID-19 threat (and by following the precautionary measures issued by the Center for Disease Control and Prevention (“CDC”), as well as state and local agencies, to minimize the spread of the virus) Athens Services has modified its MRF operations for the protection of its employees and the employees of its partners. This change will further affect our ability to divert waste from landfills; consequently, the reported diversion for your city will be subject to the results of these pressures.

PAGE 193 of 1808
Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended February 28, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Industrial Total Facility Rubbish Green Waste Rubbish Organics C&D Green Waste Rubbish Tonnage Athens' MRF 509.62 143.05 49.09 701.76
Athens' MRF Green Waste 230.20 0.73 4.83 235.76
Azusa Land Reclamation 56.49 56.49
California Waste Services 3.72 3.72
Crown Recycling Services 29.34 - 29.34
Total Tonnage 509.62 230.20 143.05 0.73 33.06 4.83 105.58 1,027.07 -
Diversion Summary in Tons
Glass 2.80 0.32 0.04 3.16
Cardboard 5.72 1.48 0.27 7.47
Ferrous (Iron/Steel) 1.46 0.97 0.58 3.01
Aluminum 0.13 0.02 0.01 0.16
Plastics 2.33 0.24 0.04 2.61
Green Waste/ADC/Wood/Fines 14.51 208.02 18.93 4.36 5.53 251.36 Other Materials: (Mixed Waste Paper) 3.90 0.36 0.20 4.45 Anaerobic Digestion - 2.27 0.78 3.05
Concrete / Dirt 0.33 0.11 0.04 0.49
Inerts - - 56.49 56.49
C&D Diversion - - 28.98 - 28.98
Organic Recovery - - 0.66 - 0.66
Non-Disposed Tons 110.69 31.07 10.66 152.42
Total Diversion Tons 141.87 208.02 55.77 0.66 28.98 4.36 74.64 514.31 Diversion 50.08%
Customer Count Summary
Total number of residential customers 4,305
Total number of commercial customers 118
Total number of roll-offs provided 29
Note:

PAGE 194 of 1808
Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended March 31, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Industrial Total Facility Rubbish Green Waste Rubbish Organics C&D Green Waste Rubbish Tonnage Athens' MRF 599.45 230.70 62.41 892.57
Athens' MRF Green Waste 333.25 0.90 6.90 341.05
Azusa Land Reclamation 23.80 23.80
Crown Recycling Services 28.58 - 28.58
Total Tonnage 599.45 333.25 230.70 0.90 28.58 6.90 86.21 1,285.99 -
Diversion Summary in Tons
Glass 2.32 0.36 0.04 2.72
Cardboard 6.15 2.13 0.31 8.59
Ferrous (Iron/Steel) 1.69 1.97 1.01 4.66
Aluminum 0.06 0.01 0.00 0.07
Plastics 4.32 0.62 0.20 5.14
Green Waste/ADC/Wood/Fines 19.01 284.32 33.30 5.89 7.84 350.36 Other Materials: (Mixed Waste Paper) 1.88 0.23 0.10 2.21 Anaerobic Digestion - 3.19 0.88 4.07
Concrete / Dirt 0.35 0.16 0.04 0.55
Inerts 23.80 23.80
C&D Diversion 25.57 25.57
Organic Recovery 0.77 0.77
Non-Disposed Tons 144.17 55.48 15.01 214.66
Total Diversion Tons 179.94 284.32 97.46 0.77 25.57 5.89 49.24 643.17 -
Diversion 50.01%
Customer Count Summary
Total number of residential customers 4,301
Total number of commercial customers 116
Total number of roll-offs provided 33
Note:

PAGE 195 of 1808
Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended April 30, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Industrial Total Facility Rubbish Green Waste Rubbish Organics C&D Green Waste Rubbish Tonnage Athens' MRF 542.71 209.58 66.45 818.73
Athens' MRF Green Waste 382.81 2.02 8.22 393.05
Azusa Land Reclamation 8.87 8.87
Crown Recycling Services 29.21 - 29.21
Total Tonnage 542.71 382.81 209.58 2.02 29.21 8.22 75.32 1,249.86 -
Diversion Summary in Tons
Glass 2.22 0.35 0.04 2.60
Cardboard 9.15 3.17 0.54 12.87
Ferrous (Iron/Steel) 0.80 1.41 0.91 3.11
Plastics 2.26 0.32 0.05 2.62
Green Waste/ADC/Wood/Fines 20.79 351.30 36.38 7.54 10.08 426.10 Other Materials: (Mixed Waste Paper) 4.03 0.50 0.26 4.78 Anaerobic Digestion - 4.96 1.62 6.58
Concrete / Dirt 0.70 0.32 0.10 1.12
Inerts 8.87 8.87
C&D Diversion 23.39 23.39
Organic Recovery 1.85 1.85
Total Diversion Tons 39.94 351.30 47.41 1.85 23.39 7.54 22.47 493.90 -
Diversion 39.52%
Customer Count Summary
Total number of residential customers 4,302
Total number of commercial customers 115
Total number of roll-offs provided 21
Note:

PAGE 196 of 1808
Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended May 31, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Total Facility Rubbish Organics Rubbish Organics C&D Rubbish Tonnage Athens' MRF 608.58 232.57 58.55 899.70
Athens' MRF Green Waste 411.82 2.98 414.80
Azusa Land Reclamation 20.09 20.09
Crown Recycling Services 63.61 - 63.61
Total Tonnage 608.58 411.82 232.57 2.98 63.61 78.64 1,398.20 -
Diversion Summary in Tons
Glass 2.12 0.33 0.03 2.48
Cardboard 11.05 3.80 0.51 15.36
Ferrous (Iron/Steel) 0.78 1.32 0.67 2.76
Aluminum 0.47 0.09 0.02 0.59
Plastics 3.87 0.54 0.16 4.57
Green Waste/ADC/Wood/Fines 21.43 374.60 37.18 8.17 441.38 Other Materials: (Mixed Waste Paper) 4.04 0.49 0.20 4.74 Anaerobic Digestion - 4.23 1.09 5.32
Concrete / Dirt 0.33 0.15 0.04 0.52
Inerts 20.09 20.09
C&D Diversion 51.74 51.74
Organic Recovery 1.56 1.56
Non-Disposed Tons 114.90 39.54 9.95 164.39
Total Diversion Tons 158.98 374.60 87.67 1.56 51.74 40.93 715.47 -
Diversion 51.17%
Customer Count Summary
Total number of residential customers 4,304
Total number of commercial customers 116
Total number of roll-offs provided 29
Note:

PAGE 197 of 1808
Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended June 30, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Industrial Total Facility Rubbish Green Waste Rubbish Organics C&D Green Waste Rubbish Tonnage American Industrial Services 6.94 6.94
Athens' MRF 585.73 226.04 47.45 859.21
Athens' MRF Green Waste 400.03 2.70 16.84 419.57
Azusa Land Reclamation 9.14 9.14
Crown Recycling Services 43.84 - 43.84
Total Tonnage 585.73 400.03 226.04 2.70 50.78 16.84 56.59 1,338.70 -
Diversion Summary in Tons
Glass 1.43 0.22 0.02 1.68
Cardboard 15.58 5.41 0.61 21.60
Ferrous (Iron/Steel) 0.81 1.28 0.53 2.62
Aluminum 0.03 0.01 0.00 0.04
Plastics 3.23 0.50 0.12 3.85
Green Waste/ADC/Wood/Fines 18.77 378.18 32.90 15.92 6.02 451.79 Other Materials: (Mixed Waste Paper) 5.00 0.62 0.21 5.82 Anaerobic Digestion - 0.21 0.04 0.25
Concrete / Dirt 0.50 0.23 0.05 0.78
Inerts 9.14 9.14
C&D Diversion 38.28 38.28
Organic Recovery 1.39 1.39
Non-Disposed Tons 105.43 40.69 8.54 154.66
Total Diversion Tons 150.79 378.18 82.06 1.39 38.28 15.92 25.29 691.91 -
Diversion 51.68%
Customer Count Summary
Total number of residential customers 4,303
Total number of commercial customers 115
Total number of roll-offs provided 20
Note:

PAGE 198 of 1808
Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended July 31, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Industrial Total Facility Rubbish Green Waste Rubbish Organics C&D Green Waste Rubbish Tonnage Athens' MRF 556.81 186.21 60.66 803.68
Athens' MRF Green Waste 295.22 2.51 10.07 307.80
Azusa Land Reclamation 16.89 16.89
Crown Recycling Services 22.60 - 22.60
Total Tonnage 556.81 295.22 186.21 2.51 22.60 10.07 77.55 1,150.97 -
Diversion Summary in Tons
Glass 1.54 0.20 0.03 1.77
Cardboard 12.87 3.81 0.68 17.36
Ferrous (Iron/Steel) 0.72 1.17 0.79 2.68
Aluminum 0.09 0.02 0.00 0.11
Plastics 3.06 0.39 0.18 3.64
Green Waste/ADC/Wood/Fines 19.29 269.92 28.85 9.21 8.32 335.58 Other Materials: (Mixed Waste Paper) 2.73 0.29 0.15 3.17 Anaerobic Digestion - 0.12 0.04 0.16
Concrete / Dirt 0.31 0.12 0.04 0.48
Inerts 16.89 16.89
C&D Diversion 17.40 17.40
Organic Recovery 1.31 1.31
Non-Disposed Tons 141.38 40.59 13.22 195.20
Total Diversion Tons 181.99 269.92 75.57 1.31 17.40 9.21 40.35 595.76 -
Diversion 51.76%
Customer Count Summary
Total number of residential customers 4,294
Total number of commercial customers 116
Total number of roll-offs provided 17
Note:

PAGE 199 of 1808
Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended August 31, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Industrial Total Facility Rubbish Green Waste Rubbish Organics C&D Green Waste Rubbish Tonnage Athens Industry MRF 608.79 228.48 66.14 903.41
Athens Industry MRF Green Waste 374.55 2.04 9.71 386.30 Azusa Land Reclamation 42.72 42.72
Crown Recycling Services 27.21 - 27.21
Total Tonnage 608.79 374.55 228.48 2.04 27.21 9.71 108.86 1,359.64 -
Diversion Summary in Tons
Glass 1.69 0.25 0.03 1.97
Cardboard 16.97 5.70 0.89 23.56
Ferrous (Iron/Steel) 0.49 1.34 0.82 2.65
Aluminum 0.12 0.02 0.01 0.14
Plastics 4.65 0.72 0.29 5.67
Green Waste/ADC/Wood/Fines 20.61 342.65 34.94 8.88 8.87 415.95 Other Materials: (Mixed Waste Paper) 0.57 0.07 0.03 0.68 Inerts 42.72 42.72
C&D Diversion 23.25 23.25
Organic Recovery 1.07 1.07
Non-Disposed Tons 132.72 49.81 14.42 196.94
Total Diversion Tons 177.81 342.65 92.85 1.07 23.25 8.88 68.07 714.60 -
Diversion 52.56%
Customer Count Summary
Total number of residential customers 4,321
Total number of commercial customers 116
Total number of roll-offs provided 24
Note:

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Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended September 30, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Industrial Total Facility Rubbish Organics Rubbish Organics C&D Organics Rubbish Tonnage Athens Industry MRF 524.62 198.96 57.44 781.03
Athens Industry MRF Green Waste 339.73 2.72 4.31 346.76 Azusa Land Reclamation 10.15 10.15
Crown Recycling Services 11.95 13.40 25.35
Total Tonnage 524.62 339.73 198.96 2.72 11.95 4.31 80.99 1,163.29 -
Diversion Summary in Tons
Glass 0.57 0.09 0.01 0.66
Cardboard 16.99 5.85 0.90 23.74
Ferrous (Iron/Steel) 0.68 1.17 0.68 2.53
Aluminum 0.01 0.00 0.00 0.01
Plastics 2.13 0.27 0.03 2.43
Green Waste/ADC/Wood/Fines 17.61 318.21 30.63 4.04 7.64 378.12 Other Materials: (Mixed Waste Paper) 6.68 0.82 0.38 7.88 Anaerobic Digestion - 1.96 0.58 2.54
Inerts 20.20 20.20
C&D Diversion 8.96 8.96
Organic Recovery 1.42 1.42
Total Diversion Tons 44.66 318.21 40.80 1.42 8.96 4.04 30.41 448.50 -
Diversion 38.55%
Customer Count Summary
Total number of residential customers 4,320
Total number of commercial customers 115
Total number of roll-offs provided 17
Note:

PAGE 201 of 1808
Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended October 31, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Industrial Total Facility Rubbish Organics Rubbish Organics C&D Organics Rubbish Tonnage Athens Industry MRF 539.78 205.63 61.67 807.09
Athens Industry MRF Green Waste 314.80 3.20 5.92 323.92 Crown Recycling Services 41.48 - 41.48
Total Tonnage 539.78 314.80 205.63 3.20 41.48 5.92 61.67 1,172.49 -
Diversion Summary in Tons
Glass 1.41 0.22 0.03 1.66
Cardboard 15.92 5.50 0.88 22.29
Ferrous (Iron/Steel) 1.33 1.22 0.66 3.21
Aluminum 0.24 0.05 0.01 0.30
Plastics 3.02 0.49 0.20 3.71
Green Waste/ADC/Wood/Fines 16.65 272.21 79.02 5.12 7.53 380.53 Other Materials: (Mixed Waste Paper) 3.56 0.44 0.21 4.21 Concrete / Dirt 0.56 0.25 0.08 0.89
C&D Diversion 33.52 33.52
Organic Recovery 1.69 1.69
Non-Disposed Tons 202.96 77.32 23.19 303.46
Total Diversion Tons 245.65 272.21 164.50 1.69 33.52 5.12 32.79 755.48 -
Diversion 64.43%
Customer Count Summary
Total number of residential customers 4,302
Total number of commercial customers 116
Total number of roll-offs provided 16
Note:

PAGE 202 of 1808
Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended November 30, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Industrial Total Facility Rubbish Organics Rubbish Organics C&D Organics Rubbish Tonnage Athens Industry MRF 554.01 195.78 27.35 777.14 Athens Industry MRF Green Waste 295.59 2.59 5.04 303.22 Crown Recycling Services ‐ 21.81 21.81 Total Tonnage 554.01 295.59 195.78 2.59 21.81 5.04 27.35 1,102.16 Diversion Summary in Tons
Glass 1.59 0.23 0.01 1.84 Cardboard 13.65 4.39 0.32 18.37 Ferrous (Iron/Steel) 1.49 1.11 0.27 2.87 Aluminum 0.11 0.02 0.00 0.13 Plastics 3.88 0.55 0.10 4.53 Green Waste/ADC/Wood/Fines 21.61 241.39 35.13 4.12 4.23 306.48 Other Materials: (Mixed Waste Paper) 2.10 0.24 0.05 2.40 C&D Diversion 17.47 17.47 Organic Recovery 1.19 1.19 Non‐Disposed Tons 139.78 49.39 6.90 196.07 Total Diversion Tons 184.22 241.39 91.07 1.19 17.47 4.12 11.89 551.35 Diversion 50.02%
Customer Count Summary
Total number of residential customers 4,312
Total number of commercial customers 116
Total number of roll‐offs provided 11
Note:

PAGE 203 of 1808
Athens Services
San Marino AB 939 Reporting Quantities
For the Month Ended December 31, 2023
Waste Hauled Summary in Tons
Residential Residential Commercial Commercial Industrial Industrial Total Facility Rubbish Organics Rubbish Organics C&D Rubbish Tonnage Athens Industry MRF 578.91 207.83 41.50 828.24
Athens Industry MRF Green Waste 347.37 2.56 349.93
Crown Recycling Services 3.67 10.83 14.50
Total Tonnage 578.91 347.37 207.83 2.56 3.67 52.33 1,192.67 Diversion Summary in Tons
Glass 0.87 0.13 0.01 1.01
Cardboard 14.13 4.61 0.49 19.23
Ferrous (Iron/Steel) 0.93 1.19 0.46 2.57
Aluminum 0.06 0.01 0.00 0.08
Plastics 2.27 0.34 0.12 2.73
Green Waste/ADC/Wood/Fines 20.55 264.12 33.89 5.84 324.40 Other Materials: (Mixed Waste Paper) 3.37 0.39 0.13 3.89 C&D Diversion 3.12 3.12
Organic Recovery 1.07 1.07
Non-Disposed Tons 166.73 59.86 11.95 238.53
Total Diversion Tons 208.92 264.12 100.43 1.07 3.12 18.99 596.63 Diversion 50.02%
Customer Count Summary
Total number of residential customers 4,312
Total number of commercial customers 116
Total number of roll-offs provided 11
Note:

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2023 San Marino Electronic Annual Report summary
This Annual Report Summary is an official record of your CalRecycle Electronic Annual Report submission, except for your Venue/Event section information, which is contained in a separate report.

You may reach that section from the Electronic Annual Report's left navigation bar. Before submitting your report to CalRecycle, please take the time to review everything on this page to confirm it is complete and correct. If you need to modify some information, close this window to return to the Electronic Annual Report to make your corrections. Then, preview the report again.

Jurisdiction: San Marino
Report Year Filed: 2023
Report Status: Submitted
Summary Submitted Information
Date Report Submitted: Wednesday, July 31, 2024
Report Submitted By: Robert Bauman ([email protected]) Summary Generated On: Wednesday, July 31, 2024, 3:40:21 PM Jurisdiction Contact
Address:

Jurisdiction Contact:

Phone Number: (626) 300-0797
2200 Huntington Dr, San Marino, CA 91108
Robert Bauman
Email Address: [email protected]
Fax Number:

Update Contact Info: https://www2.calrecycle.ca.gov/Forms/LGCentral/ReportingEntityContactChange/

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Jurisdiction
name
Renewable gas
in the form of
transportation
fuel (DGE)
Electricity
from
renewable
gas (kWh)
Renewable
gas used for
heating
applications
(therms)
Electricity
from biomass
conversion
(kWh)
Compost
(cubic yards)
Compost
(tons)
Mulch (tons)
San Marino 0.00 0.00 0.00 0.00 0.00 40.00 1.00
Recovered Organic Waste Product Procured (SLCP)
Jurisdiction
name
Additional description
San Marino The City continues to procure mulch for City park facility, Lacy Park. Additionally, the City procured 40 tons of compost for two City-wide Compost Giveaway events for residents.

The City is developing a plan to procure mulch and/or compost directly from vendors to be redistributed for local farms and/or city use. A meeting is scheduled to be held in 2024 with direct service providers for executing plans to achieve 65% diversion.

Jurisdiction name Procurement
target
Annual
procurement
Adjusted
Procurement
target
San Marino 1,037 69.97 0.00
Recovered Organic Waste Product Procurement (SLCP)
Procurement: San Marino (2023)

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Jurisdiction
name
Did the jurisdiction implement an
Adjusted Recovered Organic
Waste Product Procurement
Target?
Transportation fuel
(DGE)
Electricity (kWh) Gas used for heating
applications (therms)
San Marino No
Adjusted Recovered Organic Waste Product Procured (SLCP) Jurisdiction
name
Additional description
San Marino

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Recycled Product Procurement (Combined)
þ Compost
þ Mulch
¨ Renewable transportation fuel (from organic waste)
¨ Energy (from organic waste)
¨ Renewable gas in the form of transportation fuel
¨ Electricity from renewable gas
¨ Renewable gas used for heating applications
¨ Electricity from biomass conversion
¨ Recycled-content paper (janitorial supplies, paper towels, etc.) þ Recycled-content paper (white & colored ledger, computer paper, other office paper, etc.)
¨ Re-refined oil
¨ Re-treaded tires
¨ Pavement surfacing (RAC, recycled aggregate)
¨ Recycled-content paint
¨ Other procurement

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Program Name Program description
þ 1030-SR-PMT Procurement The City holds procurement requirements under it's ordinance titled: Section 09.08.10: PROCUREMENT REQUIREMENTS FOR CITY DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS. This ordinance can be found here: https://codelibrary.amlegal.com/codes/sanmarinoca/latest/sanmarino_ca/0-0-0-13489. The code specifies requirements regarding recycled content paper products with at least 30% post consumer content, when fitness and quality are equal; and certify in writing, invoices and/or receipts that the paper products and writing paper sold to the city is eligible (with correct labels).

The City continues to procure mulch for City park facility, Lacy Park. Additionally, the City procured approximately 40 tons of compost for two City-wide Compost Giveaway events for residents.

SRRE Programs

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Edible Food: San Marino (2023)
Jurisdiction name Number of commercial edible fo
od generators
Number of food
recovery services
and organizations
located in the
jurisdictions
Total pounds of
edible food
recovered by food
recovery
organizations and
services
San Marino 3 0.00 44,569.00
Edible Food Recovery (SLCP)
Jurisdiction name Additional description
San Marino The City has three edible food generators (Huntington Library and San Marino Unified School District, City's 4th of July event).

There are no Tier 1 generators or EFRO's in City limits. San Gabriel Valley Council of Governments reported businesses from San Marino donated 22.28 tons of edible food in 2023 to EFROs. This number may include entities not designated as Tier 1 or Tier 2.

The San Gabriel Valley Council of Governments (SGVCOG), the City of San Marino and 13 other jurisdictions contracted with SCS Engineers (SCS) to develop an implementation program for commercial edible food recovery. The 14 participating cities included Alhambra, Azusa, Covina, Duarte, Glendora, Irwindale, La Cañada Flintridge, Monrovia, Monterey Park, Pomona, San Marino, South Pasadena, Temple City, and Walnut. The objective of the program was to assist the participating cities to comply with the edible food recovery requirements of California Senate Bill 1383 (SB 1383).

Based on the requirements of SB 1383, the SCS Project Team completed the following activities for the SGVCOG Regional Food Recovery Program on behalf of the City of San Marino:

1. Conducted a comprehensive study to identify Food Recovery Organizations and Services (FROs/FRSs) in the SGVCOG partner cities and assessed their capacity to accept edible food.

2. Prepared a detailed report of the estimated edible food generated by Tier 1 and Tier 2 commercial edible food generators (EFGs) in the participating cities.

3. Developed and implemented an outreach and education plan for participating cities.

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Collection Systems: San Marino (2023)
Collection Container Systems (SLCP)
Residential
Jurisdiction
Name
Hauler name Hauler does
not collect
residential
Container(s)
San Marino Athens
Services
¨
Jurisdiction
Name
Hauler name 3+ containers Number of
generators
Organics
allowed in
gray
container
(3+
container)?
3-containers Number of
generators
Organics
allowed in
gray
container (3-
container)?
San Marino Athens
Services
¨ ¨
Jurisdiction
Name
Hauler name 2-containers Number of
generators
1-containers Number of
generators
Other Number of
generators
San Marino Athens
Services
þ 3668 þ 635 ¨

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Jurisdiction
Name
Hauler name Additional description
San Marino Athens
Services
The City will be transitioning to a 3-container system for residential customers and 2-container system for commercial pending agreement on a contract amendment with Athens Services. As indicated with CalRecycle last year, the City initiated and is in negotiations with its franchise hauler. As part of these negotiations the current and future state of collection is being clarified as are the actual diversion levels and types of materials recovered.

As we continue to negotiate and audit the hauler's data, we'll continue to revise collection numbers with the most up to date and accurate data.

Jurisdiction
Name
Hauler name Hauler does
not collect
commercial
Container(s)
San Marino Athens
Services
¨
Commercial
Jurisdiction
Name
Hauler name 3+ containers Number of
generators
Organics
allowed in
gray
container
(3+
container)?
3-containers Number of
generators
Organics
allowed in
gray
container (3-
container)?
San Marino Athens
Services
¨ ¨
Jurisdiction
Name
Hauler name 2-containers Number of
generators
1-containers Number of
generators
Other Number of
generators
San Marino Athens
Services
þ 7 þ 113 ¨

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Compostable plastics and plastic bags allowed in green container and collection facilities (SLCP) Jurisdiction
Name
Compostable
plastics allowed
in green
container?
Identify the facility that provided notice that it accepts and recovers compostable plastics from the green container or select applicable RDRS facility number(s) if applicable San Marino No
Jurisdiction
Name
Additional description
San Marino Victor Valley Regional Composting Fac.
20055 Shay Rd.

Victorville, CA 92392
Swiss ID: 36-AA-0403
Details of acceptable items will be finalized during negotiations. As indicated with CalRecycle last year, the City initiated and is in negotiations with its franchise hauler. As part of these negotiations the current and future state of collection is being clarified as are the actual diversion levels and types of materials recovered and processed.

Jurisdiction
Name
Organics allowed
to be placed in
plastic bags in
green container?
Identify the facility that provided notice that it accepts and removes plastic bags from the green container when it recovers source separated organic waste or select applicable RDRS facility number(s) if applicable
San Marino No

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Jurisdiction
Name
Number of
haulers
approved to
collect organic
waste
Number of haulers
approval revoked
or denied
San Marino 1 0
Organic Waste Haulers (SLCP)
Jurisdiction
Name
RDRS facility number of each facility (including high diversion organic waste processing facilities) receiving organic waste from approved haulers
San Marino
Jurisdiction
Name
Additional description
San Marino There is no high diversion organic waste processing facility located in San Marino, nor any material from the City is processed at such facility. All organics are transported to Victor Valley Regional Composting Facility located at 20055 Shay Rd. Victorville, CA 92392 (Swiss ID: 36-AA-0403).

Jurisdiction
Name
No RDRS facility
number
Identified facilities not in RDRS
San Marino
þ
There is no high diversion organic waste processing facility located in San Marino, nor any material from the City is processed at such facility. All organics are transported to Victor Valley Regional Composting Facility located at 20055 Shay Rd. Victorville, CA 92392 (Swiss ID: 36- AA-0403).

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Jurisdiction
Name
Is an organic waste
collection service
implemented that
requires use of a high
diversion organic waste
processing facility
RDRS facility number of each facility receiving
organic waste from the jurisdiction
San Marino No
Jurisdiction
Name
Additional description
San Marino
High Diversion Organic Waste Processing Facilities (SLCP)

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Commercial Programs: San Marino (2023)
Material Types Collected (Combined)
þ Leaves and grass
þ Prunings and trimmings
þ Branches and stumps
Landscape materials
þ Uncoated corrugated cardboard
þ Paper grocery bags
þ Other paper bags/kraft paper
þ Newspaper
þ Office paper (white & colored ledger, computer paper, other office paper)
þ Magazines and catalogs
¨ Folding cartons and other paperboard packaging
¨ Other recyclable paper (describe in box below)
¨ Miscellaneous paper packaging (describe in box below) þ Aseptic containers
þ Gable-top cartons
þ Compostable paper - non-packaging
þ Compostable paper - packaging
¨ Remainder/compost paper - other (describe in box below) Paper

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¨ Foodwaste
¨ Food soiled paper
Food
þ Clean dimensional lumber
þ Clean engineered wood
þ Clean pallets and crates
¨ Wood waste - treated/painted/stained
¨ Other recyclable wood (describe in box below)
¨ Remainder/composite organic (describe in box below)
Building products
þ Glass
Glass
þ Aluminum
þ Tin/Steel
Metal

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SRRE Programs
þ Plastic #1 - PET
þ Plastic #2 - HDPE
¨ Plastic #3 - PVC
þ Plastic #4 - LDPE
þ Plastic #5 - PP
¨ Plastic #6 - PS
¨ Plastic #7 - Other
¨ Expanded or foamed plastic (any resin type)
¨ Film plastic (any resin type)
Plastic
¨ Manure
¨ Biosolids
¨ Digestate
¨ Sludges
¨ Organic textiles and carpet
¨ Other materials (describe in box below)
Additional materials
Describe Materials(s):

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Program Name Program description
þ 1020-SR-BWR Business
Waste Reduction
Program
It is common practice for businesses to improve their processes to reduce waste and increase their bottom line. The City does not have access to internal private businesses reduction strategies. However, it is known that many businesses are involved in programs such as food donation, paperless strategy, eliminating plastic use, compost, internal audits, etc...

Several businesses in the City likely reuse shipping pallets, boxes for packaging, envelopes, use reusable coffee mugs and water bottles, have a water filter to promote one-time use items, etc... These activities can't be quantified but they often save businesses money while helping the environment. þ 1040-SR-SCH School
Source Reduction
Programs
Ongoing program first implemented in 1994. It is common practice for schools to improve their processes to reduce waste and increase their bottom line. The City does not have access to internal school district reduction strategies. þ 1050-SR-GOV
Government Source
Reduction Programs
2023: The City has re-fillable water bottle stations at City Hall, the public Library, and the Community Center that allow employees at each location to use reusable water bottles, reducing single-use cups or plastic bottles. The employee kitchen at City Hall also includes reusable plates and utensils, and many City staff use mugs or thermoses to avoid single-use containers. Binders and other stationary items may be re-used. It is possible that some departments have duplex settings on their printers. The City will work to formally document such activities in future reporting cycles. þ 2030-RC-OSP
Commercial On-Site
Pickup
The City's contract hauler processes commercial mixed solid waste in the Athens MRF in the City of Industry. The City is working to update the contract with its hauler to ensure full SB 1383 compliance. Upon the new contract being enacted, the City will have source separated recycling services to report on in this DPS code. þ 2040-RC-SFH
Commercial Self-Haul
The City currently allows for self-haul for landscapers green waste. The City is working to update their ordinance to ensure SB 1383 alignment. Upon completion of the negotiation, the City's oridinance will be revised accordingly. þ 2050-RC-SCH School
Recycling Programs
Ongoing program first implemented 1990. The school district in San Marino holds their own exclusive franchise agreement with a hauler. The City only provides education to school districts when requested. The City is working on a school distict letter that will outline all the SB 1383 programmatic requirements. þ 2060-RC-GOV
Government Recycling
Programs
City employees have a general area in all buildings for recycling beverage containers, paper, etc. E-waste is collected onsite and recycled through appropriate vendors. It is likely that different City Departments use document shredding services, which recycle all paper that is shredded. Currently there is no source-separated recycling services available through the City's hauler, and this, most recycling at City facilities is achieved through dirty MRF separation. The City is working to update the contract with the City's hauler to ensure full SB 1383 compliance, which will include reporting requirements for the City's recycling programs.

In 2023, the city began a recycling program at the Community Center that required the construction of a three-stream enclosure and is in the process of implementing a program at City Hall for 2024.

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þ 3030-CM-CSG
Commercial Self-Haul
Greenwaste
Ongoing program first implemented 1990. The City currently allows for self-haul for landscapers green waste. The City is working to update their ordinance to ensure SB 1383 alignment. Upon completion of the negotiation, the City's ordinance will be revised accordingly. Many landscapers and other self-haulers take landscaping debris to various LA county facilities where they are composted. Such activities are not currently tracked by the City but such tonnage if quantified would be substantial. The City will work in future reporting cycles to report on this tonnage.

þ 3035-CM-COR
Commercial Organics
Recycling
In 2023, green waste was either hauled to the Scholl Canyon Landfill and used as ADC or hauled to the Athens MRF facility in the City of Industry and transferred to the Mid Valley landfill in San Bernardino County and used as ADC. For those customers with food waste service, the material is hauled to the Athens MRF facility in the City of Industry for transfer to the American Organics facility located in Victorville for composting. The City is working to amend it's franchise hauler contract, which will include reporting requirements for the City's commercial organics recycling program to ensure full SB 1383 compliance.

þ 3040-CM-FWC Food
Waste Composting
Many landscapers and other self-haulers take landscaping debris and or food scraps to various LA county facilities where they are composted. Such activities are not currently tracked by the City but such tonnage if quantified would be substantial. The City will work in future reporting cycles to report on this tonnage. This program will expand with the amended franchise agreement currently under negotiations.

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Residential Programs: San Marino (2023)
Material Types Collected (Combined)
þ Leaves and grass
þ Prunings and trimmings
þ Branches and stumps
Landscape materials
þ Uncoated corrugated cardboard
þ Paper grocery bags
þ Other paper bags/kraft paper
þ Newspaper
þ Office paper (white & colored ledger, computer paper, other office paper)
þ Magazines and catalogs
þ Folding cartons and other paperboard packaging
¨ Other recyclable paper (describe in box below)
¨ Miscellaneous paper packaging (describe in box below) þ Aseptic containers
þ Gable-top cartons
¨ Compostable paper - non-packaging
¨ Compostable paper - packaging
¨ Remainder/compost paper - other (describe in box below) Paper

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þ Aluminum
þ Tin/Steel
Metal
þ Glass
Glass
þ Foodwaste
þ Food soiled paper
Food
þ Clean dimensional lumber
þ Clean engineered wood
þ Clean pallets and crates
¨ Wood waste - treated/painted/stained
¨ Other recyclable wood (describe in box below)
¨ Remainder/composite organic (describe in box below)
Building products

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Describe Materials(s):
¨ Manure
¨ Organic textiles and carpet
¨ Other materials (describe in box below)
Additional materials
þ Plastic #1 - PET
þ Plastic #2 - HDPE
¨ Plastic #3 - PVC
þ Plastic #4 - LDPE
þ Plastic #5 - PP
¨ Plastic #6 - PS
¨ Plastic #7 - Other
¨ Expanded or foamed plastic (any resin type)
¨ Film plastic (any resin type)
Plastic
SRRE Programs

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Program Name Program description
þ 1010-SR-BCM Backyard
and On-Site
Composting/Mulching
Ongoing program first implemented in 1990. It is very likely that many San Marino households are participating in some kind of compost or on-site mulching activities including but not limited to vermicompost, regular compost, grasscycling, allowing leaf layers to compost on-site. These activities are not possible to document but the City generally encourages such actions by residents.

þ 1060-SR-MTE Material
Exchange, Thrift Shops
Ongoing program first implemented in 1992. It is almost certain that a significant amount of residents either participate as buyers and sellers in in-person or online second hand exchanges. Garage sales take place in the City on a weekly basis and there are also thrift stores in and around the City. Moreover, many residents are likely to also exchange used goods of all kinds via online methods like craigslist, e-bay and countless apps which help connect buyers to sellers.

While there is no way to possibly quantify such activities, it can generally be said that tons of items would otherwise end up in the landfill if such second hand materials exchanges didn't take place. LA County also offers a Household Hazardous Waste Reuse Center where residents can pick up unused or partially used household products for free.

þ 2000-RC-CRB Residential
Curbside
Ongoing program first implemented in 1989. Currently, residents have a two cart system but the City is working to prioritize a new SB 1383 compliant contract which encourages source separated recycling for all SB 1383 commondity types. This contract will also require the hauler to provide regular reports on tonnages collected.

þ 2010-RC-DRP Residential
Drop-Off
Ongoing program first implemented in 1990. The need for a residential drop-off is being evaluated as part of the new franchise agreement negotiations.
þ 2020-RC-BYB Residential
Buy-Back
"Ongoing program first implemented in 1990. The need for a residential drop-off is being evaluated as part of the new franchise agreement negotiations.
"

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þ 3000-CM-RCG
Residential Curbside
Greenwaste Collection
Assembly Bill (AB) 1594 mandated that green material used as alternative daily cover (ADC) would no longer be considered as recycling diversion. Instead, Athens, the City's hauler, transports green waste to American Organics, compost facility, for composting. Currently, residents have a two cart system but the City is working to prioritize a new SB 1383 compliant contract which encourages source separated recycling for all SB 1383 commodity types. This contract will also require the hauler to provide regular reports on tonnages collected.

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Education and Outreach: San Marino (2023)
Jurisdiction
Name
Describe SLCP, MCR, MORe, and SRRE/HHWE education and outreach San Marino Residential and commercial generators received a flyer detailing SB 1383 requirements and how to comply, as well as electronic flyers available via the City's website. The City provides three electronic avenues for education including, the City's website, the haulers website and social media.

SLCP, MCR, MORe, and SRRE/HHWE Education and Outreach (combined) What type of education and outreach were provided to all generators, including organic waste generators, and how many generators received each type of education and outreach? (Includes education and outreach for SLCP, MORe, MCR, and SRRE/HHWE) Select all that apply.

Jurisdiction
Name
Print Number of
generators
that received
SLCP material
Electronic Number of
generators
that received
SLCP
material
Direct
contact
Number of
generators
that received
SLCP material
Other Number of
generators
that received
SLCP material
San Marino þ 4,321 þ 3 ¨ ¨

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Commercial Edible Food Generators Education and Outreach (SLCP)

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Jurisdiction
Name
Describe education and outreach selected
San Marino The county sent direct mail, held workshops, posted on websites and social media, conducted e-mail marketing to educate Tier 1 & 2 generators.

What type of education and outreach were provided to commercial edible food generators and how many generators received each type of education and outreach? Select all that apply.

Jurisdiction
Name
Print Number of
edible food
generators
that received
material
Electronic Number of
edible food
generators
that received
material
Direct
contact
Number of
edible food
generators
that received
material
Other Number of
edible food
generators
that received
material
San Marino þ 3 þ 0 þ 0 ¨
SRRE Programs

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Program Name Program description
þ 5000-ED-ELC
Electronic (radio ,TV,
web, hotlines)
As mentioned in the City's SB 1383 Implementation Record, the City has a dedicated page on its website related to trash hauling that includes information on recycling, SB 1383 information available in both English and Mandarin (which items go in organics container, etc.), the importance of organics recycling, food scraps, bulky item pick-ups, and trash pick-up schedule etc.. (https://www.cityofsanmarino.org/government/departments/parks___public_works_/trash_hauling.php).

The City's website also includes a link to Athen’s website, an SB1383 flyer, and the Athens recycling guide. The Cit's webpage also describes the county HW collection program. A link to the LA county public works website which lists HW collection sites was provided.

This resource provides a URL to the hauler’s (Athens) food scraps recycling webpage and lists of what belongs and does not belong in the organics recycling program are provided (https://cms9files.revize.com/sanmarinoca/Residential-FoodScrap-Collection-Flyer-V5.pdf).

There are twenty different SLCP categories to click on and get extensive information related to that commodity type.

Categories include: recycling, organics, trash, hazardous waste, electronic waste, light bulbs, batteries, bulky item pickup, construction, medical, beverage containers, food packaging, plastic, plastic bags and film, take out containers (Plastic), food scraps, glass, metal, paper, take out containers (cardboard). This website essentially covers all SLCP reporting areas. Link to access: https://athensservices.com/recycling-guide/ The Residential link from the Athens Recycling guide, which links from the City’s Trash Hauling website takes users to an interactive website powered by Recyclist. Note: This website has the same URL for the Residential and Commercial/Multi-Family info. This webpages uses icons and lists to help users identify what þ 5010-ED-PRN Print
(brochures, flyers,
guides, news articles)
The San Marino Fall 2023 newsletter called “How to Recycle your Christmas tree + Compost Give away was also sent to 4,309 residents in 2023. These activities are described in the City’s Implementation record. Twelve commercial generators also received a flyer called "California Waste and Recycling Laws". Upon the completion and enactment of the new contract, the City and hauler will create new printed educational materials consistent with SB 1383, AB 341 and AB 1826. Such materials will include education about source separation, notices of non-compliance, notices of violation, and notices of bin deliveries, among others.

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þ 5020-ED-OUT
Outreach (tech
assistance,
presentations,
awards, fairs, field
trips)
In 2023, the City had Athens attend and provide an info booth at multiple City events (Trunk or Treat and San Marino Motor Classic), which included hands-on information about SB 1383 requirements (which items go into which container, etc.). Flyers were also provided and personnel from both Athens and the City were on hand to answer questions. The City is currently working on establishing a new contact with the City's hauler that would bring all required SB 1383 services to all sectors and require participation. Upon the enactment of this contract, City and hauler will conduct various types of outreach, including; in-person and electronic, which will be quantified and documented in the City's SB 1383 record-keeping system. In 2023 the cities trash hauler Athens conducted several outreach activities. This included a compost giveaway, Distribution of a commercial flyer informing readers about California waste and recycling laws, attendance at events in the City to provide recycling education and several social media postings. Social media postings covered the following topics: Everything you can compost, Coffee grounds are compostable, Different types of kitchen pails, How to clean your kitchen pail, Coffee pods aren't organic waste, Pale options, What bin does it go in, Things you maybe didn't know go in your organics, what pin does it go in, three types of kitchen countertop pails, etc. There were 27 of such posting throughout the year in 2023. These social media postings reached 44,169 people according to analytics. The San Marino Fall 2023 newsletter called “How to Recycle your Christmas tree + Compost Give away was also sent to 4,309 residents in 2023. These activities are described in the City’s Implementation record. þ 5030-ED-SCH
Schools (education
and curriculum)
The City developed a new SB 1383 notification letter in 2023, and it's scheduled to be sent out in 2024. þ 9040-HH-EDP
Education Programs
Information about HHW events is available on the City's website, and, when applicable, sent out in the City's newsletter.

The City provides information on how to dispose of hazardous waste on their website in a section called "Hazardous Waste". The website states that Los Angeles County Public Works offers weekly HHW and E-Waste Disposal events around Los Angeles County, as well as various permanent collection sites. These one-day events and permanent sites provide residents with a legal and cost-free way to dispose of unwanted household chemicals and items that cannot be disposed of in the regular trash. Links are provided to the LA County Public Works website to allow residents to find an upcoming event they might be able to attend. Website can be accessed here:
https://sanmarinoca.gov/government/departments/parks___public_works_/trash_hauling.php. The City of San Marino also has a HHW informational webpage (https://www.sanmarinoca.gov/how_do_i/hazardous_waste.php). Topics covered HHW, Electronic waste, motor oil antifreeze, paints, acis, etc. Specific information related to LA County collection facilities, permanant HHW collection centers, and prescription drug drop off at the LA Sheriff Department was promoted. The website states that Los Angeles County and Sanitation Districts sponsor weekly Household Hazardous and Electronic Waste disposal events around Los Angeles County. These one-day collection events provide all Los Angeles County residents a legal and cost-free way to dispose of unwanted household chemicals that cannot be disposed of in the regular trash, no appointment needed.

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Jurisdiction Name Number of projects subject to the
Model Water Efficient Landscape
Ordinance (MWELO)
San Marino 1
Jurisdiction Name Additional description
San Marino The City's ordinace, per Section 23.16.08 Landscape Design Plan, requires projects to adhere to certain design criteria as designated by SB 1383. https://codelibrary.amlegal.com/codes/sanmarinoca/latest/sanmarino_ca/0-0-0-6831. The City is working to review the application of the protocol and revise as necessary.

MWELO (SLCP)
Jurisdiction Name Number of construction and demolition debris removal activities conducted in
compliance with CALGreen
San Marino 28
Jurisdiction Name Additional description
San Marino There were 28 projects that were over 1,000 sf. that qualified for C&D. The City has adopted the CalGreen building code, which includes the sections identified in SB 1383 (https://codelibrary.amlegal.com/codes/sanmarinoca/latest/sanmarino_ca/0-0-0- 8195). Additionally, the City also adopted Article 7 'Construction and Demolition Debris' ordinance that specifies specific requirements. (https://codelibrary.amlegal.com/codes/sanmarinoca/latest/sanmarino_ca/0-0-0-1322). The City is working to update this requirement with the new 2022 CalGreen revisions and update the internal 'Waste Management Plan' protocol.

CALGreen (SLCP)
MWELO, CALGreen, C&D, and Other Programs: San Marino (2023)

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þ Asphalt Paving
þ Brick
þ Concrete/cement
þ Gypsum Board/drywall
þ Rock, soils and fines
þ Mixed C + D
Inerts
Recycling (Combined)
Program Name Program description
þ 1000-SR-XGC
Xeriscaping/Grasscycling
Program first implemented in 1990. With the implementation of the new franchise agreement and the updating of the City's ordinances there will be more specific reporting on this program in 2024.

þ 2070-RC-SNL Special
Collection Seasonal
(regular)
Program first implemented in 1993. The City's hauler offers bulky-item pick-up for residents and commercial customers for a charge. Holiday tree recycling is offered for two weeks at no additional charge.

SRRE Programs

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þ 2080-RC-SPE Special
Collection Events
"Program first implemented in 2004. The City is working to update the contract with the City's hauler to ensure full SB 1383 compliance, which will include special collection events. The City currently host a one-time a year event for bulkyitem collection at no cost for residents.

The Los Angeles County and Sanitation Districts sponsors weekly Household Hazardous and Electronic Waste disposal events around Los Angeles County. These one-day collection events provide all Los Angeles County residents a legal and cost-free way to dispose of unwanted household chemicals that cannot be disposed of in the regular trash, no appointment needed."

þ 4020-SP-TRS Tires Program first implemented in 1990. The City is working to update the contract with the City's hauler to ensure full reporting.

þ 4030-SP-WHG White Goods Program first implemented in 1990. The City is working to update the contract with the City's hauler to ensure full reporting.

þ 4040-SP-SCM Scrap Metal Program first implemented in 1990. The City is working to update the contract with the City's hauler to ensure full reporting.

þ 4060-SP-CAR
Concrete/Asphalt/Rubble
"Program first implemented in 1994. The city recycles concrete, asphalt, and rubber as part of the C&D program.

Additionally, the City had one street repaving project where 911,347 square feet of asphalt rubber hot mix were used."

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þ 6010-PI-EIN Economic
Incentives
The City is working to update their franchise agreement with it's hauler, Athens, to include discounted rates for recycling.

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Household Hazardous Waste Programs: San Marino (2023)
Program Name Program description
þ 9000-HH-PMF Permanent
Facility
None
þ 9010-HH-MPC Mobile or
Periodic Collection
"The City currently host a one-time a year event for bulky-item collection.

þ 9045-HH-EWA Electronic
Waste
The City collects e-waste on site, and uses a vendor (Homeboy Industries) who collects the e-waste on an as-needed basis (generally 2-3 times per year).
þ 9050-HH-OTH Other HHW The City of San Marino has a HHW informational webpage: Topics covered HHW, Electronic waste, motor oil antifreeze, paints, acis, etc. Specific info related to LA County collection facilities, permanant HHW collection centers, and prescription drug drop off at the LA Sheriff Department was promoted. Link to access:
https://www.sanmarinoca.gov/how_do_i/hazardous_waste.php SRRE Programs

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Disposal Rate Calculation: San Marino (2023)
Definition of Terms
"Disposal" - Resources Code – PRC 40192. (a) Except as provided in subdivisions (b) and (c), “solid waste disposal,” “disposal,” or “dispose” means the final deposition of solid wastes onto land, into the atmosphere, or into the waters of the state. (b) For purposes of Part 2 (commencing with Section 40900), “solid waste disposal,” “dispose,” or “disposal” means the management of solid waste through landfill disposal, transformation, or EMSW conversion, at a permitted solid waste facility, unless the term is expressly defined otherwise.(c) For purposes of Chapter 16 (commencing with Section 42800) and Chapter 19 (commencing with Section 42950) of Part 3, Part 4 (commencing with Section 43000), Part 5 (commencing with Section 45000), Part 6 (commencing with Section 45030), and Chapter 2 (commencing with Section 47901) of Part 7, “solid waste disposal,” “dispose,” or “disposal” means the final deposition of solid wastes onto land.

Reporting-Year Disposal Amount (tons) – Defaults to the total tonnage disposed in the Reporting-Year by a jurisdiction as reported to the Recycling and Disposal Reporting System (RDRS). This total disposal contains all jurisdiction waste that was disposed in CA landfills (including Green Material ADC), transformation facilities, EMSW facilities, and exported out-of-state (including Green Material Potential Beneficial Reuse Exported), except for declared disaster debris disposal and disposal in Class II facilities, as those two types of tonnage are no longer tracked by jurisdiction of origin. Any changes will require you submit a Reporting Reporting Year Disposal Modification Certification Sheet (PDF). See User's Guide or contact LAMD representative if uncertain.

Disposal Reduction Credits – the EAR calculator will subtract these credits from your requested total in the Reporting-Year Disposal Amount field. Requesting credits will require you submit a Reporting Year Disposal Modification Certification Sheet (PDF). Descriptions of these credits can be found on that sheet. See EAR User’s Guide or contact LAMD representative if uncertain.

Reporting-Year Population – January 1st estimate of the number of inhabitants occupying a jurisdiction in the Reporting-Year as prepared by the California Department of Finance (DOF)
Reporting-Year Employment – the estimate of the annual average number of employees by jurisdiction in the Reporting-Year as prepared by the California Employment Development Department (EDD).

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Reporting-Year Disposal Amount (tons): 10,460.56
Disposal Reduction Credits (Reported):

Disaster Waste (tons): 0.00
Medical Waste (tons): 0.00
Regional Diversion Facility Residual Waste (tons): 0.00 C & D Waste (tons): 0.00
Class II Waste (tons): 0.00
Out of State Export (Diverted) (tons): 0.00
Other Disposal Amount (tons): 0.00
Total Disposal Reduction Credit Amount (tons): 0.00
Total Adjusted Reporting-Year Disposal Amount (tons): 10,460.56 Reporting-Year Population: 12,350
Reporting-Year Employment: 3,585
Reporting-Year Calculation Results (Per Capita)
Green Material Potential Beneficial Reuse Exported (tons): 0.00 Green Material ADC (tons):

Engineered Municipal Solid Waste (EMSW) Conversion Facility (tons):

Transformation (tons):

Landfill Disposal (tons):

0.00 0.00

0.00 10,460.56

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Population Employment
Target Annual Target Annual
The Calculated Disposal Rate (pounds/person/day) 6.8 4.6 29.6 16.0

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Calculation Factors: San Marino (2023)
If either 1. Alternative disposal or 2. Deductions to RDRS boxes are checked, please complete, and sign the Reporting Year Disposal Modification Certification Sheet (PDF) and save to your computer. You may enter the data and save the Disposal Modification Form to you rcomputer. Then either upload the sheet and supporting documentation using the Document Upload Section before submitting your report, or mail, e-mail or FAX to CalRecycle within 7 business days of submitting your report. If you are only claiming report-year disposal deductions for waste transported to a certified Transformation facility, you do not need to fill out the certification request.

If 3. Green Material ADC (AB 1594) box is checked: Pursuant to Public Resources Code (PRC) Section 41781.3 [(AB) 1594 (Williams, Chapter 719, Statutes of 2014)], beginning in the 2017 EAR jurisdictions are required to include information on plans to address how green material that is being used as ADC will be diverted. Jurisdictions can review disposal facilities that assigned green material ADC and the amount by using the RDRS Reports: Jurisdiction Disposal and Beneficial Reuse by Destination.

More information and brief instructions for using the inflow/outflow map is available on CalRecycle’s Green Material Used as Alternative Daily Cover (ADC) webpage.

Calculation Factors
Disposal Rate Accuracy
Are there extenuating circumstances pertaining to your jurisdiction's disposal rate that CalRecycle should consider, as authorized by the Public Resources Code Section 41821(c)? If you wish to attach additional information to your annual report, please send those items or electronic files to your LAMD representative; include a brief description of those files below. If so, please use the space below to tell CalRecycle. ¨ Yes. Please use the space below to tell CalRecycle.
þ No.

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1. Alternative disposal tonnage

2. Deductions to RDRS disposal tonnage
o 3. Green Material ADC (AB1594)
¨
¨
2023 San Marino Green Material ADC (tons): 0.00
Although you will be able to submit your electronic Annual Report without completing a disposal modification form, your Annual Report will not be deemed complete until it is completed and received by CalRecycle. Contact your LAMD representativeffor details.

1. Please describe in the box below the jurisdiction’s plans to divert green material that is being used as ADC.

2. If the jurisdiction is not meeting the requirements of Section 41780 as a result of not being able to claim diversion for the use of green material as alternative daily cover, then please identify and describe the barriers to recycling green material.

3. If the jurisdiction is not meeting the requirements of Section 41780 as a result of not being able to claim diversion for the use of green material as alternative daily cover, and if sufficient capacity at facilities that recycle green material is not expected to be operational before the jurisdiction's next review pursuant to Section 41825, then the jurisdiction should include a plan to address the barriers identified in the second question that are within the control of the jurisdiction.

Our jurisdiction has submitted a request to facilities that have assigned green material ADC to our jurisdiction to adjust the tons assigned as we believe they may be misallocated
• For reporting entities that check this box, the following questions may still require answers if there was green material assigned at the time this EAR was made available for editing. If the tons were changed in RDRS after the date the EAR opens for reporting by jurisdictions, please note that revised information in the answer to the first question below including the tons adjusted, facility name(s), date(s) the changes were made in RDRS system.
o

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Jurisdiction Name Number of deminimis waivers
issued
Number of physical
space waivers
issued
San Marino 0 0
Jurisdiction Name Additional description
San Marino The City is working to update its contract with its hauler. Upon the completion of this transition, the City will begin to evaluate and issue waivers when appropriate as required by SB 1383.

Jurisdiction Issued Waivers (SLCP)
Jurisdiction Name Number of
generators
waived from
requirement
to subscribe
to an organic
waste
collection
service
Number of
days an
emergency
processing
facility or
operational
failure
waiver was
in effect
Tons
disposed as
a result of
emergency
processing
facility or
operational
failure
waiver
Number of
days a
disaster and
emergency
waiver was
in effect
San Marino 0 0 0.00 0
Jurisdiction Name Additional description
San Marino There are no department-issued waivers in the City of San Marino Department Issued Waivers (SLCP)
Waivers and Exemptions: San Marino (2023)

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Jurisdiction Name Number of
commercial
business
(includes
multifamily)
exemptions
Rationale for allowing exemptions
San Marino 0 N/A
MORe Exemptions (MORe)

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Contamination, Inspections, and Complaints: San Marino (2023) Contamination Monitoring for Prohibited Container Contaminants (SLCP) Jurisdiction Name Number of
route reviews
conducted for
prohibited
container
contaminants
Waste
evaluations
Waste evaluation results description
San Marino 0 þ N/A
Jurisdiction Name Number of
targeted route
reviews resulting
from waste
evaluations
Number of notices,
violations, or
targeted education
materials issued to
generators
Additional description
San Marino 0 0 The City is currently working on an amendment to its franchise agreement with Athens Services to incorporate both route reviews and waste evaluations on an annual basis.

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Inspections (SLCP)
Jurisdiction Name Number of
commercial
edible food (tier
one) generators
inspections
Number of
commercial edible
food (tier two)
generators
inspections
Number of food
recovery
organizations or
services
inspections
Number of
commercial
businesses
inspections, if
applicable
San Marino 0 1 0 0
Jurisdiction Name Additional description
San Marino "The City will begin inspections and penalties in 2024.

The City has three edible food generators (Huntington Library and San Marino Unified School District, City's 4th of July event). There are no Tier 1 generators or EFRO's in City limits.

The San Gabriel Valley Council of Governments (SGVCOG) and 14 other jurisdictions contracted with SCS Engineers (SCS) to develop an implementation program for commercial edible food recovery. The 14 participating cities included Alhambra, Azusa, Covina, Duarte, Glendora, Irwindale, La Cañada Flintridge, Monrovia, Monterey Park, Pomona, San Marino, South Pasadena, Temple City, and Walnut. The objective of the program was to assist the participating cities to comply with the edible food recovery requirements of California Senate Bill 1383 (SB 1383). Based on the requirements of SB 1383, the SCS Project Team completed the following activities for the SGVCOG Regional Food Recovery Program on behalf of the City of San Marino:

1. Conducted a comprehensive study to identify Food Recovery Organizations and Services (FROs/FRSs) in the SGVCOG partner cities and assessed their capacity to accept edible food.

2. Prepared a detailed report of the estimated edible food generated by Tier 1 and Tier 2 commercial edible food generators (EFGs) in the participating cities.

3. Developed and implemented an outreach and education plan for participating cities. "

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Complaints (SLCP)
Jurisdiction Name Number of complaints
received
Number of complaints investigated
San Marino 0 0
Jurisdiction Name Additional description
San Marino

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Enforcement and Monitoring: San Marino (2023)
Jurisdiction Name Number of commercial
businesses (includes
multifamily) included in a
compliance review
Number of commercial
businesses (includes
multifamily) included in a
compliance review NOT
Recycling organics
San Marino 86 81
Jurisdiction Name Additional description
San Marino As indicated with CalRecycle last year, the City initiated and is in negotiations with its franchise hauler. As part of these negotiations the current and future state of collection is being clarified as are the actual diversion levels and types of materials recovered. As we continue to negotiate and audit the hauler's data, we'll continue to revise collection numbers with the most up to date and accurate data. The new amendment will also terminate dirty MRFing as part of the processing methods and switch to source separation.

SLCP (SLCP)

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Jurisdiction Name Number of
commercial
businesses
(includes
multifamily)
required to
recycle
organics
Number of
commercial
businesses
(includes
multifamily)
NOT
recycling
organics
Monitoring to inform those not recycling about MORe
San Marino 86 80 The City is currently negotiating a contract amendment with Athens Services that will address compliance with MORe, and associated monitoring and reporting.

Jurisdiction Name Additional description
San Marino As indicated with CalRecycle last year, the City initiated and is in negotiations with its franchise hauler. As part of these negotiations the current and future state of collection is being clarified as are the actual diversion levels and types of materials recovered. As we continue to negotiate and audit the hauler's data, we'll continue to revise collection numbers with the most up to date and accurate data. The contract amendment with Athens Services that will address compliance with MORe, and associated monitoring and reporting. The new amendment will also terminate dirty MRFing as part of the processing methods and switch to source separation.

MORe (MORe)

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Jurisdiction Name Number of
commercial
businesses
(includes
multifamily)
required to
recycle
organics
Number of
commercial
businesses
(includes
multifamily)
NOT
recycling
organics
Monitoring to inform those not recycling about MORe
San Marino 48 0 Not applicable. All business subject to MCR are in compliance.

Jurisdiction Name Additional description
San Marino As indicated with CalRecycle last year, the City initiated and is in negotiations with its franchise hauler. As part of these negotiations the current and future state of collection is being clarified as are the actual diversion levels and types of materials recovered. As we continue to negotiate and audit the hauler's data, we'll continue to revise collection numbers with the most up to date and accurate data. The contract amendment with Athens Services that will address compliance with MCR, and associated monitoring and reporting. The new amendment will also terminate dirty MRFing as part of the processing methods and switch to source separation.

MCR (MCR)

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Jurisdiction Name Additional description
San Marino No Notices of Violation were issued to generators in 2023. The City is working to update the contract with its hauler to ensure full SB 1383 compliance. The City will send NOV's after initial non-compliance letters are sent after the new contract begins and source separated recycling services are available in all sectors.

Notices of Violation (SLCP)
Jurisdiction Name Number of
Notices of
Violation
issued for
commercial
organics waste
generators
Number of
Notices of
Violation
issued for
commercial
edible food
generators
(tier one)
Number of
Notices of
Violation
issued for
commercial
edible food
generators
(tier two)
Number of
Notices of
Violation
issued for food
recovery
organizations
Number of
Notices of
Violation
issued for food
recovery
services
Number of
Notices of
Violation
issued based
on
investigation
of compliants
Number of
Notices of
Violation
issued for
residential
organics waste
generators
San Marino 0 0 0 0 0 0 0

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Jurisdiction Name Additional description
San Marino No penalty orders were issued in 2023. The City is working to update the contracts with its hauler to ensure full SB 1383 compliance. The City will issue penalty orders (potentially) after NOV's are sent and if compliance is not achieved within a specified time range.

Penalty Orders (SLCP)
Jurisdiction Name Number of
penalty orders
issued for
commercial
organics waste
generators
Number of
penalty orders
issued for
commercial
edible food
generators
(tier one)
Number of penalty
orders issued for
commercial edible
food generators
(tier two)
Number of
penalty orders
issued for food
recovery
organizations
Number of penalty
orders issued for
food recovery
services
Number of
penalty orders
issued for
residential
organics waste
generators
San Marino 0 0 0 0 0 0
Jurisdiction Name Additional description
San Marino No enforcement actions were issued, therefore there were none to resolve.

Enforcement Actions Resolved (SLCP)
Jurisdiction Name Number of
enforcement
actions
resolved for
commercial
organics waste
generators
Number of
enforcement
actions
resolved for
commercial
edible food
generators
(tier one)
Number of
enforcement
actions resolved
for commercial
edible food
generators (tier
two)
Number of
enforcement
actions resolved
for food recovery
organizations
Number of
enforcement
actions resolved
for food recovery
services
Number of
enforcement
actions resolved
for residential
organics waste
generators
San Marino 0 0 0 0 0 0

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Facilities: San Marino (2023)
Program Name Program description
þ 7000-FR-MRF MRF Athens Services MRF in the City of Industry is where all waste in the City is processed. Note, the new amendment contract currently being negotiated will terminate dirty MRF-ing as part of the processing methods and switch to source separation.
þ 7040-FR-ADC Alternative
Daily Cover
Scholl Canyon Landfill and transfer from the Athens MRF facility in the City of Industry to the Mid Valley Landfill in San Bernardino County. ADC is no longer accepted as a means of diversion. The City is working to divert all greenwaste material as part of the new amended contract.
þ 8000-TR-WTE Waste To
Energy
Program first implemented in 2003. The City is not utilizing or intends to utilize waste to energy facilities.

SRRE Programs

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Infrastructure and Barriers: San Marino (2023)
Mandatory Commercial Organics Recycling (MORe): Infrastructure and barriers (AB 876) Has anything changed in the last year, since the submittal of the County capacity planning reporting requirements per 14 CCR Section 18992.1 et at.? If yes, describe in box below. ¨ Yes.
þ No.

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Enforceable Mechanisms and Ordinances: San Marino (2023) Ordinance or Enforceable Mechanism Changes if applicable (SLCP) Jurisdiction Name Changes to the
ordinance or
enforceable
mechanism?
If yes, describe changes to ordinance or enforceable mechanism San Marino ¨

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Contact Changes (SLCP)
Jurisdiction
name
Change to
SLCP
primary
contact
information?
First Name Last name Title Street address City
San Marino þ Robert Bauman Management
Analyst
2200 Huntington Dr San Marino
SLCP primary contact
Jurisdiction
name
Zip code Email address Phone
San Marino 91108 [email protected] (626) 300-0765 Jurisdiction
name
Change to
SLCP official
contact
information?
First Name Last name Title Street address City
San Marino ¨
SLCP official contact
Jurisdiction
name
Zip code Email address Phone
San Marino 91108

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þ Mandatory organic waste disposal reduction ordinance (SLCP Required) þ Edible Food Recovery ordinance (SLCP Required)
þ CALGreen (LEED or other Green Building requirements) ordinance (SLCP Required) þ Model water efficient landscape ordinance (SLCP Required) ¨ Mulch ordinance
þ C & D ordinance
þ Mandatory commercial recycling ordinance
¨ Mandatory multifamily recycling ordinance
þ Mandatory residential recycling ordinance
¨ Mandatory waste collection ordinance
¨ Recycled content procurement ordinance
¨ Antiscavenging ordinance
þ Green building ordinance
¨ Single use foodware and litter reduction ordinance
¨ Safe consumer-generated sharps disposal ordinance
¨ Safe pharmaceutical disposal ordinance
¨ Plastic bags and/or single use plastic bags ordinance ¨ Polystyrene (food and drink containers etc.) ordinance ¨ Other ordinances (describe below)
Ordinances or Enforceable Mechanisms (Combined)

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Program Name Program description
þ 6020-PI-ORD Ordinances In order to comply with SB 1383, the City passed a mandatory organic waste disposal reduction ordinance in October 2021 that includes mandatory recycling for commercial and residential sectors. The ordinance also includes requirements for edible food recovery and procurement. The City already has ordinance in place related to green building, C&D, and MWELO.

SRRE Programs

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Planning Documents: San Marino (2023)
Rural Petition for Reduction
Was your jurisdiction granted a Rural Petition for Reduction by CalRecycle? See Jurisdictions with an Approved Petition for Rural Reduction. For more information regarding Rural Petition for Reduction, go to Rural Solid Waste Diversion Home Page. ¨ Yes. If yes, please discuss whether the conditions under which the petition was granted still apply. þ No.

Source Reduction and Recycling Element (SRRE)
Does the SRRE need to be revised?
¨ Yes. Explain below why the SRRE is not adequate, the revisions that are necessary and the timeline for making those revisions. Note: Diversion program information is updated in each Annual Report, SB 1066 time extension or alternative diversion requirement report, compliance order, etc. So, before taking any action on the revision process, please contact your LAMD representative for further discussion and additional information. þ No. Please add any notes or updates below.

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Household Hazardous Waste Element (HHWE)
Does the HHWE need to be revised?
¨ Yes. Explain below why the HHWE is not adequate, the revisions that are necessary and the timeline for making those revisions. Note: Diversion program information is updated in each Annual Report. So, before taking any action on the revision process, please contact your LAMD representative for further discussion and additional information.
þ No. Please add any notes or updates below.

Non-Disposal Facility Element (NDFE)
Describe below any changes in the use of non-disposal facilities, both existing and planned (e.g., is the jurisdiction using a different facility within or outside of the jurisdiction, has a facility closed, is a new one being planned).

San Marino has no updates in its Nondisposal Facility Element (NDFE). There has been no changes communicated from the County to the City that was not previously identified in its NDFE or in the appropriate county’s Countywide Siting Element (CSE).

Are there currently any non-disposal facilities that require a solid waste facility permit located (or planned to be sited) in your jurisdiction that are not identified in your NDFE?
¨ Yes. Your NDFE may need to be amended before the permit for this facility comes before CalRecycle for concurrence. If the facility is not identified in the NDFE, the permit may not be in conformance with your NDFE, and the permit may be denied. See CalRecycle's NDFE Guidelines at https://www.calrecycle.ca.gov/LGCentral/Library/Policy/NDFEGuide.htm and contact your LAMD representative if you have any questions about the need to amend your NDFE. þ No. Please add notes or updates below.

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Areas of concern
Did CalRecycle require your jurisdiction to address any areas of concern when determining the adequacy of your solid waste planning documents, or any of their elements?
¨ Yes. Below, discuss the actions taken to address the areas of concern. þ No.

Conditional approvals
Did CalRecycle give conditional approval to any of your solid waste planning documents, or any of their elements? ¨ Yes. Below, discuss the actions taken gain full approval of the plan/elements. þ No.

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Additional Information and Document Management: San Marino (2023) 1000-SR-XGC (Xeriscaping/Grasscycling)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

Program first implemented in 1990. With the implementation of the new franchise agreement and the updating of the City's ordinances there will be more specific reporting on this program in 2024.

1010-SR-BCM (Backyard and On-Site Composting/Mulching)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

Ongoing program first implemented in 1990. It is very likely that many San Marino households are participating in some kind of compost or on-site mulching activities including but not limited to vermicompost, regular compost, grasscycling, allowing leaf layers to compost on-site.

These activities are not possible to document but the City generally encourages such actions by residents.

1020-SR-BWR (Business Waste Reduction Program)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes SRRE and HHWE Diversion Programs

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Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

It is common practice for businesses to improve their processes to reduce waste and increase their bottom line. The City does not have access to internal private businesses reduction strategies. However, it is known that many businesses are involved in programs such as food donation, paperless strategy, eliminating plastic use, compost, internal audits, etc... Several businesses in the City likely reuse shipping pallets, boxes for packaging, envelopes, use reusable coffee mugs and water bottles, have a water filter to promote one-time use items, etc... These activities can't be quantified but they often save businesses money while helping the environment. 1030-SR-PMT (Procurement)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

The City holds procurement requirements under it's ordinance titled: Section 09.08.10: PROCUREMENT REQUIREMENTS FOR CITY DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS. This ordinance can be found here:
https://codelibrary.amlegal.com/codes/sanmarinoca/latest/sanmarino_ca/0-0-0-13489. The code specifies requirements regarding recycled content paper products with at least 30% post consumer content, when fitness and quality are equal; and certify in writing, invoices and/or receipts that the paper products and writing paper sold to the city is eligible (with correct labels).

The City continues to procure mulch for City park facility, Lacy Park. Additionally, the City procured approximately 40 tons of compost for two City-wide Compost Giveaway events for residents.

It is very likely that much of what the city purchases on a monthly basis has post-consumer content. At the moment, the City is not tracking such expenditures but is in the process of developing the program. This being said, upon finalization of the new contract with the City's waste hauler, the City can re-direct its attention to documenting and maximizing such procurement activities. 1040-SR-SCH (School Source Reduction Programs)
Current Status: D - Dropped (after implemented) Program Start Year: 1994 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

Ongoing program first implemented in 1994. It is common practice for schools to improve their processes to reduce waste and increase their bottom line. The City does not have access to internal school district reduction strategies. 1050-SR-GOV (Government Source Reduction Programs)

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Current Status: SO - Selected and Ongoing Program Start Year: 1992 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:
2023: The City has re-fillable water bottle stations at City Hall, the public Library, and the Community Center that allow employees at each location to use reusable water bottles, reducing single-use cups or plastic bottles. The employee kitchen at City Hall also includes reusable plates and utensils, and many City staff use mugs or thermoses to avoid single-use containers. Binders and other stationary items may be reused. It is possible that some departments have duplex settings on their printers. The City will work to formally document such activities in future reporting cycles.
1060-SR-MTE (Material Exchange, Thrift Shops)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

Ongoing program first implemented in 1992. It is almost certain that a significant amount of residents either participate as buyers and sellers in in-person or online second hand exchanges. Garage sales take place in the City on a weekly basis and there are also thrift stores in and around the City. Moreover, many residents are likely to also exchange used goods of all kinds via online methods like craigslist, e-bay and countless apps which help connect buyers to sellers. While there is no way to possibly quantify such activities, it can generally be said that tons of items would otherwise end up in the landfill if such second hand materials exchanges didn't take place. LA County also offers a Household Hazardous Waste Reuse Center where residents can pick up unused or partially used household products for free.

2000-RC-CRB (Residential Curbside)
Current Status: SO - Selected and Ongoing Program Start Year: 1989 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

Ongoing program first implemented in 1989. Currently, residents have a two cart system but the City is working to prioritize a new SB 1383 compliant contract which encourages source separated recycling for all SB 1383 commondity types. This contract will also require the hauler to provide regular reports on tonnages collected.

2010-RC-DRP (Residential Drop-Off)

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Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

Ongoing program first implemented in 1990. The need for a residential drop-off is being evaluated as part of the new franchise agreement negotiations.
2020-RC-BYB (Residential Buy-Back)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:
"Ongoing program first implemented in 1990. The need for a residential drop-off is being evaluated as part of the new franchise agreement negotiations.
"

2030-RC-OSP (Commercial On-Site Pickup)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

The City's contract hauler processes commercial mixed solid waste in the Athens MRF in the City of Industry. The City is working to update the contract with its hauler to ensure full SB 1383 compliance. Upon the new contract being enacted, the City will have source separated recycling services to report on in this DPS code.
2040-RC-SFH (Commercial Self-Haul)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

The City currently allows for self-haul for landscapers green waste. The City is working to update their ordinance to ensure SB 1383 alignment.

Upon completion of the negotiation, the City's oridinance will be revised accordingly.

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2050-RC-SCH (School Recycling Programs)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

Ongoing program first implemented 1990. The school district in San Marino holds their own exclusive franchise agreement with a hauler. The City only provides education to school districts when requested. The City is working on a school distict letter that will outline all the SB 1383 programmatic requirements.
2060-RC-GOV (Government Recycling Programs)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

City employees have a general area in all buildings for recycling beverage containers, paper, etc. E-waste is collected on-site and recycled through appropriate vendors. It is likely that different City Departments use document shredding services, which recycle all paper that is shredded. Currently there is no source-separated recycling services available through the City's hauler, and this, most recycling at City facilities is achieved through dirty MRF separation. The City is working to update the contract with the City's hauler to ensure full SB 1383 compliance, which will include reporting requirements for the City's recycling programs.

In 2023, the city began a recycling program at the Community Center that required the construction of a three-stream enclosure and is in the process of implementing a program at City Hall for 2024. 2070-RC-SNL (Special Collection Seasonal (regular))
Current Status: AO - Alternative and Ongoing Program Start Year: 1993 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: No
Owned or Operated: Yes
Jurisdiction Notes:

Program first implemented in 1993. The City's hauler offers bulky-item pick-up for residents and commercial customers for a charge. Holiday tree recycling is offered for two weeks at no additional charge.

2080-RC-SPE (Special Collection Events)
Current Status: AO - Alternative and Ongoing Program Start Year: 2004 Existed before 1990: No

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Report Year Diversion Tons: 0 Selected in SRRE: No
Owned or Operated: Yes
Jurisdiction Notes:
"Program first implemented in 2004. The City is working to update the contract with the City's hauler to ensure full SB 1383 compliance, which will include special collection events. The City currently host a one-time a year event for bulky-item collection at no cost for residents.

3000-CM-RCG (Residential Curbside Greenwaste Collection) Current Status: SO - Selected and Ongoing Program Start Year: 1995 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

Assembly Bill (AB) 1594 mandated that green material used as alternative daily cover (ADC) would no longer be considered as recycling diversion. Instead, Athens, the City's hauler, transports green waste to American Organics, compost facility, for composting. Currently, residents have a two cart system but the City is working to prioritize a new SB 1383 compliant contract which encourages source separated recycling for all SB 1383 commodity types. This contract will also require the hauler to provide regular reports on tonnages collected. 3030-CM-CSG (Commercial Self-Haul Greenwaste)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

Ongoing program first implemented 1990. The City currently allows for self-haul for landscapers green waste. The City is working to update their ordinance to ensure SB 1383 alignment. Upon completion of the negotiation, the City's ordinance will be revised accordingly. Many landscapers and other self-haulers take landscaping debris to various LA county facilities where they are composted. Such activities are not currently tracked by the City but such tonnage if quantified would be substantial. The City will work in future reporting cycles to report on this tonnage.

3035-CM-COR (Commercial Organics Recycling)

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Current Status: AO - Alternative and Ongoing Program Start Year: 2016 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: No
Owned or Operated: No
Jurisdiction Notes:

In 2023, green waste was either hauled to the Scholl Canyon Landfill and used as ADC or hauled to the Athens MRF facility in the City of Industry and transferred to the Mid Valley landfill in San Bernardino County and used as ADC. For those customers with food waste service, the material is hauled to the Athens MRF facility in the City of Industry for transfer to the American Organics facility located in Victorville for composting. The City is working to amend it's franchise hauler contract, which will include reporting requirements for the City's commercial organics recycling program to ensure full SB 1383 compliance.

3040-CM-FWC (Food Waste Composting)
Current Status: AO - Alternative and Ongoing Program Start Year: 2015 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: No
Owned or Operated: No
Jurisdiction Notes:

Many landscapers and other self-haulers take landscaping debris and or food scraps to various LA county facilities where they are composted.

Such activities are not currently tracked by the City but such tonnage if quantified would be substantial. The City will work in future reporting cycles to report on this tonnage. This program will expand with the amended franchise agreement currently under negotiations.

4020-SP-TRS (Tires)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

Program first implemented in 1990. The City is working to update the contract with the City's hauler to ensure full reporting.

4030-SP-WHG (White Goods)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes

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Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

Program first implemented in 1990. The City is working to update the contract with the City's hauler to ensure full reporting.

4040-SP-SCM (Scrap Metal)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

Program first implemented in 1990. The City is working to update the contract with the City's hauler to ensure full reporting.

4060-SP-CAR (Concrete/Asphalt/Rubble)
Current Status: SO - Selected and Ongoing Program Start Year: 1994 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:
"Program first implemented in 1994. The city recycles concrete, asphalt, and rubber as part of the C&D program. Additionally, the City had one street repaving project where 911,347 square feet of asphalt rubber hot mix were used."

5000-ED-ELC (Electronic (radio ,TV, web, hotlines))
Current Status: SO - Selected and Ongoing Program Start Year: 1994 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes

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Jurisdiction Notes:

As mentioned in the City's SB 1383 Implementation Record, the City has a dedicated page on its website related to trash hauling that includes information on recycling, SB 1383 information available in both English and Mandarin (which items go in organics container, etc.), the importance of organics recycling, food scraps, bulky item pick-ups, and trash pick-up schedule etc.. (https://www.cityofsanmarino.org/government/departments/parks___public_works_/trash_hauling.php). The City's website also includes a link to Athen’s website, an SB1383 flyer, and the Athens recycling guide. The Cit's webpage also describes the county HW collection program. A link to the LA county public works website which lists HW collection sites was provided.

SB 1383 Flyer: This one page flyer (which links from the City's Trash Hauling webpage) created by Athens explains all single family and multifamily residents must participate in organics recycling, as well as, the statewide goals for SB 1383. This resource provides a URL to the hauler’s (Athens) food scraps recycling webpage and lists of what belongs and does not belong in the organics recycling program are provided (https://cms9files.revize.com/sanmarinoca/Residential-Food-Scrap-Collection-Flyer-V5.pdf).

The Commercial/Multi-Family link from the Athens Recycling guide, which links from the City’s Trash Hauling website takes users to an interactive website powered by Recyclist. Note: This website has the same URL for the Residential and Commercial/Multi-Family info. This webpages uses icons and lists to help users identify what info they want to explore. There are twenty different SLCP categories to click on and get extensive information related to that commodity type. Categories include: recycling, organics, trash, hazardous waste, electronic waste, light bulbs, batteries, bulky item pickup, construction, medical, beverage containers, food packaging, plastic, plastic bags and film, take out containers (Plastic), food scraps, glass, metal, paper, take out containers (cardboard). This website essentially covers all SLCP reporting areas.

Link to access: https://athensservices.com/recycling-guide/ The Residential link from the Athens Recycling guide, which links from the City’s Trash Hauling website takes users to an interactive website powered by Recyclist. Note: This website has the same URL for the Residential and Commercial/Multi-Family info. This webpages uses icons and lists to help users identify what info they want to explore. There are twenty different SLCP categories to click on and get extensive information related to that commodity type. Categories include: recycling, organics, trash, hazardous waste, electronic waste, light bulbs, batteries, bulky item pickup, construction, medical, beverage containers, food packaging, plastic, plastic bags and film, take out containers, food scraps, glass, metal, paper, take out containers. This website essentially covers all SLCP reporting areas. Link to access:
https://athensservices.com/recycling-guide/
Athens Services webpage also includes information on organics recycling, including; a tutorial video on how to recycle organics at home, an FAQ regarding SB 1383, a list of acceptable organic waste, and downloadable flyers. Link can be found here: https://athensservices.com/foodwaste-recycling/.

Social media postings covered the following topics: Everything you can compost, Coffee grounds are compostable, Different types of kitchen pails, How to clean your kitchen pail, Coffee pods aren't organic waste, Pale options, What bin does it go in, Things you maybe didn't know go in your organics, what pin does it go in, three types of kitchen countertop pails, etc. There were 27 of such posting throughout the year in 2023. These social media postings reached 44,169 people according to analytics. The San Marino Fall 2023 newsletter called “How to Recycle your Christmas tree + Compost Give away was also sent to 4,309 residents in 2023. These activities are described in the City’s Implementation record.

The City of San Marino has a HHW informational webpage: Topics covered HHW, Electronic waste, motor oil antifreeze, paints, acis, etc.

Specific info related to LA County collection facilities, permanant HHW collection centers, and prescription drug drop off at the LA Sheriff Department was promoted. Link to access: https://www.sanmarinoca.gov/how_do_i/hazardous_waste.php

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5010-ED-PRN (Print (brochures, flyers, guides, news articles)) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

The San Marino Fall 2023 newsletter called “How to Recycle your Christmas tree + Compost Give away was also sent to 4,309 residents in 2023.

These activities are described in the City’s Implementation record. Twelve commercial generators also received a flyer called "California Waste and Recycling Laws". Upon the completion and enactment of the new contract, the City and hauler will create new printed educational materials consistent with SB 1383, AB 341 and AB 1826. Such materials will include education about source separation, notices of noncompliance, notices of violation, and notices of bin deliveries, among others. 5020-ED-OUT (Outreach (tech assistance, presentations, awards, fairs, field trips)) Current Status: SO - Selected and Ongoing Program Start Year: 1994 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

In 2023, the City had Athens attend and provide an info booth at multiple City events (Trunk or Treat and San Marino Motor Classic), which included hands-on information about SB 1383 requirements (which items go into which container, etc.). Flyers were also provided and personnel from both Athens and the City were on hand to answer questions. The City is currently working on establishing a new contact with the City's hauler that would bring all required SB 1383 services to all sectors and require participation. Upon the enactment of this contract, City and hauler will conduct various types of outreach, including; in-person and electronic, which will be quantified and documented in the City's SB 1383 record-keeping system. In 2023 the cities trash hauler Athens conducted several outreach activities. This included a compost giveaway, Distribution of a commercial flyer informing readers about California waste and recycling laws, attendance at events in the City to provide recycling education and several social media postings. Social media postings covered the following topics: Everything you can compost, Coffee grounds are compostable, Different types of kitchen pails, How to clean your kitchen pail, Coffee pods aren't organic waste, Pale options, What bin does it go in, Things you maybe didn't know go in your organics, what pin does it go in, three types of kitchen countertop pails, etc. There were 27 of such posting throughout the year in 2023. These social media postings reached 44,169 people according to analytics. The San Marino Fall 2023 newsletter called “How to Recycle your Christmas tree + Compost Give away was also sent to 4,309 residents in 2023. These activities are described in the City’s Implementation record. 5030-ED-SCH (Schools (education and curriculum))
Current Status: SO - Selected and Ongoing Program Start Year: 1995 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

The City developed a new SB 1383 notification letter in 2023, and it's scheduled to be sent out in 2024. 6010-PI-EIN (Economic Incentives)

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Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

The City is working to update their franchise agreement with it's hauler, Athens, to include discounted rates for recycling.

6020-PI-ORD (Ordinances)
Current Status: AO - Alternative and Ongoing Program Start Year: 2005 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

In order to comply with SB 1383, the City passed a mandatory organic waste disposal reduction ordinance in October 2021 that includes mandatory recycling for commercial and residential sectors. The ordinance also includes requirements for edible food recovery and procurement. The City already has ordinance in place related to green building, C&D, and MWELO. 7000-FR-MRF (MRF)
Current Status: AO - Alternative and Ongoing Program Start Year: 1990 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: No
Owned or Operated: Yes
Jurisdiction Notes:

Athens Services MRF in the City of Industry is where all waste in the City is processed. Note, the new amendment contract currently being negotiated will terminate dirty MRF-ing as part of the processing methods and switch to source separation. 7040-FR-ADC (Alternative Daily Cover)
Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:

Scholl Canyon Landfill and transfer from the Athens MRF facility in the City of Industry to the Mid Valley Landfill in San Bernardino County.

ADC is no longer accepted as a means of diversion. The City is working to divert all greenwaste material as part of the new amended contract. 8000-TR-WTE (Waste To Energy)

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Current Status: AO - Alternative and Ongoing Program Start Year: 2003 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: No
Owned or Operated: Yes
Jurisdiction Notes:

Program first implemented in 2003. The City is not utilizing or intends to utilize waste to energy facilities. 9000-HH-PMF (Permanent Facility)
Current Status: SO - Selected and Ongoing Program Start Year: 1991 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: No
Jurisdiction Notes:

None
9010-HH-MPC (Mobile or Periodic Collection)
Current Status: SO - Selected and Ongoing Program Start Year: 1992 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes
Jurisdiction Notes:
"The City currently host a one-time a year event for bulky-item collection.

9040-HH-EDP (Education Programs)
Current Status: SO - Selected and Ongoing Program Start Year: 1992 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes
Owned or Operated: Yes

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Jurisdiction Notes:

Information about HHW events is available on the City's website, and, when applicable, sent out in the City's newsletter. The City provides information on how to dispose of hazardous waste on their website in a section called "Hazardous Waste". The website states that Los Angeles County Public Works offers weekly HHW and E-Waste Disposal events around Los Angeles County, as well as various permanent collection sites. These one-day events and permanent sites provide residents with a legal and cost-free way to dispose of unwanted household chemicals and items that cannot be disposed of in the regular trash. Links are provided to the LA County Public Works website to allow residents to find an upcoming event they might be able to attend. Website can be accessed here:
https://sanmarinoca.gov/government/departments/parks___public_works_/trash_hauling.php. The City of San Marino also has a HHW informational webpage (https://www.sanmarinoca.gov/how_do_i/hazardous_waste.php). Topics covered HHW, Electronic waste, motor oil antifreeze, paints, acis, etc. Specific information related to LA County collection facilities, permanant HHW collection centers, and prescription drug drop off at the LA Sheriff Department was promoted. The website states that Los Angeles County and Sanitation Districts sponsor weekly Household Hazardous and Electronic Waste disposal events around Los Angeles County. These one-day collection events provide all Los Angeles County residents a legal and cost-free way to dispose of unwanted household chemicals that cannot be disposed of in the regular trash, no appointment needed.
9045-HH-EWA (Electronic Waste)
Current Status: AO - Alternative and Ongoing Program Start Year: 2002 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: No
Owned or Operated: Yes
Jurisdiction Notes:

The City collects e-waste on site, and uses a vendor (Homeboy Industries) who collects the e-waste on an as-needed basis (generally 2-3 times per year).
9050-HH-OTH (Other HHW)
Current Status: SO - Selected and Ongoing Program Start Year: 2017 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: No
Owned or Operated: No
Jurisdiction Notes:

The City of San Marino has a HHW informational webpage: Topics covered HHW, Electronic waste, motor oil antifreeze, paints, acis, etc.

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Is there anything else you would like to tell CalRecycle about unique or innovative efforts by your jurisdiction to reduce organic waste generation and increase diversion, about your jurisdiction's public education efforts, or about specific obstacles to reaching your jurisdiction's implementation of an organic recycling program? The City is in the process of negotiating a new contract with Athens Disposal that will include a detailed scope of work reflecting SB 1383 state requirements for recycling and diversion of municipal solid waste. One main goal of the contract amendment will be to dovetail and conform the definitions and requirements contained in the new contract and in state law, to those in the municipal code. The City’s current ordiance code was adopted in a form of the CalRecycle Model Ordinance provided by the San Gabriel Valley Council of Governments (SGVCOG). The City hired a consultant to assist with the negotiations, that kicked off in 2023. The City anticipates to begin a new agreement on January 1, 2025.

Brief description of additional information files, including calculation data for infrastructure planning.

Additional Information

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BILL NUMBER: AB 1669 CHAPTERED

BILL TEXT
CHAPTER 874
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 16, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE JUNE 27, 2016
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY APRIL 28, 2016
AMENDED IN ASSEMBLY MARCH 8, 2016
INTRODUCED BY Assembly Member Roger Hernández
JANUARY 15, 2016
An act to amend Sections 1070, 1071, and 1072 of, to amend the heading of Chapter 4.6 (commencing with Section 1070) of Part 3 of Division 2 of, and to add Sections 1075 and 1076 to, the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST
AB 1669, Roger Hernández. Displaced employees: service contracts:
collection and transportation of solid waste.

Existing law requires a local government agency letting a public transit service contract out to bid to give a bidding preference for contractors and subcontractors who agree to retain for a specified period certain employees who were employed to perform essentially the same services by the previous contractor or subcontractor. Such a contractor or subcontractor is required to offer employment to those employees, except for reasonable and substantiated cause. Existing law requires a successor contractor or subcontractor that determines that fewer employees are needed than under the prior contract to retain qualified employees by seniority within the job
classification. The existing contractor is required to provide prescribed information regarding employment under the existing service contract to the awarding authority, any entity that the awarding authority identifies as a bona fide bidder, and the successor contractor. Existing law authorizes an employee who was not offered employment or who has been discharged in violation of existing law, or his or her agent, to bring an action against the successor contractor or subcontractor in any superior court having jurisdiction over the successor contractor or subcontractor. Existing law authorizes an awarding authority to terminate a service contract under prescribed circumstances.

This bill would expand the application of these provisions to exclusive contracts for the collection and transportation of solid waste. The bill would require the information provided to a bona fide bidder to be made available in writing at least 30 days before bids for the service contract are due. The bill would establish certain provisions applicable only to service contracts for the collection and transportation of solid waste, including limits on the requirement to retain employees and specified requirements for notice and opportunity to cure in the context of civil action or termination. The bill would not apply to contracts awarded before PAGE 335 of 1808
January 1, 2017, or to contracts for which the bid process has been completed before January 1, 2017. By requiring local agencies to give a bidding preference under these provisions to those contractors and subcontractors for the collection and transportation of solid waste, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The heading of Chapter 4.6 (commencing with Section 1070) of Part 3 of Division 2 of the Labor Code is amended to read:

CHAPTER 4.6. PUBLIC TRANSIT SERVICE CONTRACTS AND CONTRACTS

FOR THE COLLECTION AND TRANSPORTATION OF SOLID WASTE
SEC. 2. Section 1070 of the Labor Code is amended to read:
1070. The Legislature finds and declares all of the following:
(a) That when public agencies with jurisdiction over public transit services or the collection and transportation of solid waste award contracts to operate bus and rail services, or to provide for the collection and transportation of solid waste to a new contractor, qualified employees of the prior contractor who are not reemployed by the successor contractor face significant economic dislocation as a result.
(b) That those displaced employees rely unnecessarily upon the unemployment insurance system, public social services, and health programs, increasing costs to these vital government programs and placing a significant burden upon both the government and the taxpayers.
(c) That it serves an important social purpose to establish incentives for contractors who bid on public transit service contracts or contracts for the collection and transportation of solid waste to retain qualified employees of the prior contractor to perform the same or similar work.

SEC. 3. Section 1071 of the Labor Code is amended to read:
1071. The following definitions apply to this chapter:
(a) "Awarding authority" means any local government agency, including any city, county, special district, transit district, joint powers authority, or nonprofit corporation that awards or otherwise enters into contracts for public transit services or for the collection and transportation of solid waste performed within the State of California.
(b) "Bidder" means any person who submits a bid to an awarding authority for a public transit service contract, an exclusive contract for the collection and transportation of solid waste, or a subcontract.
(c) "Contractor" means any person who enters into a public transit service contract or an exclusive contract for the collection and transportation of solid waste with an awarding authority. (d) "Employee" means any individual who works for a contractor or subcontractor under a contract. "Employee" does not include an executive, administrative, or professional employee exempt from the payment of overtime compensation within the meaning of subdivision PAGE 336 of 1808 (a) of Section 515 or any person who is not an "employee" as defined under Section 2(3) of the National Labor Relations Act (29 U.S.C.

Sec. 152(3)).
(e) "Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.
(f) "Public transit services" means the provision of passenger transportation services to the general public, including paratransit service.
(g) "Service contract" means any contract the principal purpose of which is to provide public transit services or the exclusive right to provide collection and transportation of solid waste through the use of employees.
(h) "Solid waste" has the same meaning as defined in Section 40191 of the Public Resources Code.
(i) "Subcontractor" means any person who is not an employee who enters into a contract with a contractor to perform a portion of the contractor's express obligations under a service contract. "Subcontractor" does not include a contractor's vendors, suppliers, insurers, or other service providers.

SEC. 4. Section 1072 of the Labor Code is amended to read:
1072. (a) A bidder shall declare as part of the bid for a service contract whether or not the bidder will retain the employees of the prior contractor or subcontractor for a period of not less than 90 days, as provided in this chapter, if awarded the service contract. (b) An awarding authority letting a service contract out to bid shall give a 10 percent preference to any bidder who agrees to retain the employees of the prior contractor or subcontractor pursuant to subdivision (a).
(c) (1) If the awarding authority announces that it intends to let a service contract out to bid, the existing service contractor, within a reasonable time, shall provide to the awarding authority the number of employees who are performing services under the service contract and the wage rates, benefits, and job classifications of those employees. In addition, the existing service contractor shall make this information available to any entity that the awarding authority has identified as a bona fide bidder. This information shall be made available to each bona fide bidder in writing at least 30 days before bids for the service contract are due, whether by inclusion of the information in the request for bids or otherwise. If the successor service contract is awarded to a new contractor, the existing contractor shall provide the names, addresses, dates of hire, wages, benefit levels, and job classifications of employees to the successor contractor. The duties imposed by this subdivision shall be contained in all service contracts.
(2) A successor contractor or subcontractor who agrees to retain employees pursuant to subdivision (a) shall retain employees who have been employed by the prior contractor or subcontractors, except for reasonable and substantiated cause. That cause is limited to the particular employee's performance or conduct while working under the prior contract or the employee's failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment, or other standard hiring qualification lawfully required by the successor contractor or subcontractor.
(3) The successor contractor or subcontractor shall make a written offer of employment to each employee to be retained pursuant to subdivision (a). That offer shall state the time within which the employee must accept that offer, but in no case less than 10 days.

Nothing in this section requires the successor contractor or PAGE 337 of 1808 subcontractor to pay the same wages or offer the same benefits provided by the prior contractor or subcontractor.
(4) If, at any time, the successor contractor or subcontractor determines that fewer employees are required than were required under the prior contract or subcontract, the successor contractor or subcontractor shall retain qualified employees by seniority within the job classification. In determining those employees who are qualified, the successor contractor or subcontractor may require an employee to possess any license that is required by law to operate the equipment that the employee will operate as an employee of the successor contractor or subcontractor.

SEC. 5. Section 1075 is added to the Labor Code, to read:
1075. Notwithstanding any other provision of this chapter, the following shall apply to service contracts for the collection and transportation of solid waste:
(a) A successor contractor or subcontractor shall be required to retain only employees of a contractor or subcontractor under a prior service contract whose employment would be terminated if the service contract were awarded to another contractor or subcontractor. (b) A successor contractor or subcontractor shall not be required to retain an employee of a contractor or subcontractor under a prior service contract under any of the following circumstances:
(1) If the employee of the prior contractor or subcontractor does not meet any standard hiring qualification lawfully required by the successor contractor or subcontractor for the position. (2) If the successor contractor or subcontractor would be required to terminate or reassign an existing employee covered under a collective bargaining agreement with the successor contractor or subcontractor in order to hire the employee of the prior contractor or subcontractor.
(3) If, and to the extent, the actual number of employees meeting the requirements of this chapter exceeds the number of those employees communicated to bona fide bidders in accordance with paragraph (1) of subdivision (c) of Section 1072.
(c) An employee or his or her agent shall not bring an action against a successor contractor or subcontractor under subdivision (a) of Section 1073 without first giving the successor contractor or subcontractor written notice of the violation or breach and 30 days to cure the violation or breach. An awarding authority shall not terminate a service contract under subdivision (a) of Section 1074 without first giving the successor contractor or subcontractor written notice of the violation or breach and 30 days to cure the violation or breach.
(d) This chapter shall only apply to service contracts for the collection and transportation of solid waste when an awarding agency decides to let an exclusive solid waste collection and transportation contract out to bid. It is not intended to determine whether or not a local agency should procure a service contract by inviting bids, extend an existing service contract, renegotiate its service contract with the prior contractor, or exercise any other right it possesses pursuant to Section 40059 of the Public Resources Code to determine aspects of solid waste handling that are of local concern. (e) This chapter does not modify, limit, or abrogate in any manner any franchise, contract, license, or permit granted or extended by a city, county, or other local government agency before January 1, 2017.

SEC. 6. Section 1076 is added to the Labor Code, to read:
1076. The amendments and additions to this chapter made by the act adding this section shall not apply to contracts awarded before January 1, 2017, or to contracts for which the bid process has been completed before January 1, 2017. PAGE 338 of 1808
SEC. 7. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

PAGE 339 of 1808
Current New Current New New New Waste New
Service 4.03% Service Disposal 4.03% Disposal Net Franchise Mgmt Gross Service Component Adj Component Component Adj Component Rate Fee Fee Rate

STANDARD SERVICES
Residential Can Service 24.61 0.99 25.60 22.00 0.89 22.89 48.49 2.55 2.50 53.54 1 Yard 1X 58.97 2.37 61.34 28.47 1.15 29.62 90.95 4.79 2.50 98.24 1 Yard 2X 90.91 3.66 94.57 56.91 2.29 59.20 153.76 8.09 2.50 164.35 1 Yard 3X 122.27 4.92 127.19 85.40 3.44 88.84 216.02 11.37 2.50 229.89 1 Yard 4X 154.26 6.21 160.47 113.85 4.58 118.43 278.90 14.68 2.50 296.08 1 Yard 5X 185.89 7.48 193.37 142.31 5.73 148.04 341.40 17.97 2.50 361.87 1 Yard 6X 232.12 9.35 241.47 170.78 6.88 177.66 419.12 22.06 2.50 443.68

1.5 Yard 1X 54.48 2.19 56.67 42.67 1.72 44.39 101.06 5.32 2.50 108.88

1.5 Yard 2X 78.93 3.18 82.11 85.44 3.44 88.88 170.99 9.00 2.50 182.49

1.5 Yard 3X 103.41 4.16 107.57 128.07 5.16 133.23 240.80 12.67 2.50 255.97

1.5 Yard 4X 127.91 5.15 133.06 170.79 6.88 177.67 310.73 16.35 2.50 329.58

1.5 Yard 5X 152.34 6.13 158.47 213.50 8.60 222.10 380.57 20.03 2.50 403.10

1.5 Yard 6X 192.73 7.76 200.49 256.19 10.31 266.50 466.99 24.58 2.50 494.07 2 Yard 1X 56.84 2.29 59.13 56.93 2.29 59.22 118.35 6.23 2.50 127.08 2 Yard 2X 74.19 2.99 77.18 113.83 4.58 118.41 195.59 10.29 2.50 208.38 2 Yard 3X 91.49 3.68 95.17 170.79 6.88 177.67 272.84 14.36 2.50 289.70 2 Yard 4X 108.80 4.38 113.18 227.71 9.17 236.88 350.06 18.42 2.50 370.98 2 Yard 5X 126.17 5.08 131.25 284.62 11.46 296.08 427.33 22.49 2.50 452.32 2 Yard 6X 162.49 6.54 169.03 341.56 13.75 355.31 524.34 27.60 2.50 554.44 3 Yard 1X 48.91 1.97 50.88 85.44 3.44 88.88 139.76 7.36 2.50 149.62 3 Yard 2X 53.46 2.15 55.61 170.79 6.88 177.67 233.28 12.28 2.50 248.06 3 Yard 3X 58.10 2.34 60.44 256.19 10.31 266.50 326.94 17.21 2.50 346.65 3 Yard 4X 62.80 2.53 65.33 341.56 13.75 355.31 420.64 22.14 2.50 445.28 3 Yard 5X 67.38 2.71 70.09 426.97 17.19 444.16 514.25 27.07 2.50 543.82 3 Yard 6X 89.38 3.60 92.98 512.35 20.63 532.98 625.96 32.95 2.50 661.41 4 Yard 1X 26.24 1.06 27.30 113.85 4.58 118.43 145.73 7.67 2.50 155.90 4 Yard 2X 28.77 1.16 29.93 227.71 9.17 236.88 266.81 14.04 2.50 283.35 4 Yard 3X 31.31 1.26 32.57 341.56 13.75 355.31 387.88 20.41 2.50 410.79 4 Yard 4X 33.83 1.36 35.19 455.45 18.34 473.79 508.98 26.79 2.50 538.27 4 Yard 5X 35.96 1.45 37.41 569.32 22.92 592.24 629.65 33.14 2.50 665.29 4 Yard 6X 46.53 1.87 48.40 683.12 27.50 710.62 759.02 39.95 2.50 801.47 6 Yard 1X 81.18 3.27 84.45 170.78 6.88 177.66 262.11 13.80 2.50 278.41 6 Yard 2X 88.76 3.57 92.33 341.56 13.75 355.31 447.64 23.56 2.50 473.70 6 Yard 3X 96.35 3.88 100.23 512.34 20.63 532.97 633.20 33.33 2.50 669.03 6 Yard 4X 103.94 4.18 108.12 683.12 27.50 710.62 818.74 43.09 2.50 864.33 6 Yard 5X 111.58 4.49 116.07 853.82 34.38 888.20 1,004.27 52.86 2.50 1,059.63 6 Yard 6X 119.18 4.80 123.98 1,024.60 41.25 1,065.85 1,189.83 62.62 2.50 1,254.95 3 Yard Comp 5X 67.38 2.71 70.09 1,280.89 51.57 1,332.46 1,402.55 73.82 2.50 1,478.87 City of San Marino
Schedule of Rates
Effective July 1, 2024
PAGE 340 of 1808
Current New Current New New New Waste New
Service 4.03% Service Disposal 4.03% Disposal Net Franchise Mgmt Gross Service Component Adj Component Component Adj Component Rate Fee Fee Rate City of San Marino
Schedule of Rates
Effective July 1, 2024

OTHER SERVICES & CHARGES
Primary Organics Barrel (64 Gal):
1X 126.36 5.09 131.45 - - - 131.45 6.92 - 138.37
2X 220.57 8.88 229.45 - - - 229.45 12.08 - 241.53
3X 314.82 12.68 327.50 - - - 327.50 17.24 - 344.74
4X 409.07 16.47 425.54 - - - 425.54 22.40 - 447.94
5X 503.30 20.26 523.56 - - - 523.56 27.56 - 551.12
6X 597.55 24.06 621.61 - - - 621.61 32.72 - 654.33
Additional Organics Barrels (64 Gal):
1X 107.11 4.31 111.42 - - - 111.42 5.86 - 117.28
2X 187.57 7.55 195.12 - - - 195.12 10.27 - 205.39
3X 268.04 10.79 278.83 - - - 278.83 14.68 - 293.51
4X 348.49 14.03 362.52 - - - 362.52 19.08 - 381.60
5X 428.99 17.27 446.26 - - - 446.26 23.49 - 469.75
6X 442.99 17.84 460.83 - - - 460.83 24.25 - 485.08
Primary Organics Barrel (32 Gal):
1X 112.61 4.53 117.14 - - - 117.14 6.17 - 123.31
2X 193.09 7.77 200.86 - - - 200.86 10.57 - 211.43
3X 273.59 11.02 284.61 - - - 284.61 14.98 - 299.59
4X 354.10 14.26 368.36 - - - 368.36 19.39 - 387.75
5X 434.62 17.50 452.12 - - - 452.12 23.80 - 475.92
6X 515.12 20.74 535.86 - - - 535.86 28.20 - 564.06
Additional Organics Barrels (32 Gal):
1X 93.37 3.76 97.13 - - - 97.13 5.11 - 102.24
2X 160.08 6.45 166.53 - - - 166.53 8.76 - 175.29
3X 226.82 9.13 235.95 - - - 235.95 12.42 - 248.37
4X 293.55 11.82 305.37 - - - 305.37 16.07 - 321.44
5X 360.28 14.51 374.79 - - - 374.79 19.73 - 394.52
6X 360.54 14.52 375.06 - - - 375.06 19.74 - 394.80
Organics Compactor Haul: 302.14 12.16 314.30 - - - 314.30 16.54 - 330.84 Organics Compactor Disposal/Ton: 120.85 4.87 125.72 - - - 125.72 6.62 - 132.34 Organic Barrel (64 or 32) - Extra Dump: 29.16 1.17 30.33 - - - 30.33 1.60 - 31.93 All Accounts:

Stop Service Charge 30.22 1.22 31.44 - - - 31.44 1.65 - 33.09 Cart Go Back 28.36 1.14 29.50 - - - 29.50 1.55 - 31.05
Account Reactivation Charge 30.22 1.22 31.44 - - - 31.44 1.65 - 33.09 Account Site Estimate 7.25 0.29 7.54 - - - 7.54 0.40 - 7.94 Declined Payment Charge 30.22 1.22 31.44 - - - 31.44 1.65 - 33.09 Bulky Item
First Item 25.91 1.04 26.95 - - - 26.95 1.42 - 28.37
Each Additional Item 15.55 0.63 16.18 - - - 16.18 0.85 - 17.03 Commercial Trash Barrel - Weekly 24.23 0.98 25.21 22.38 0.90 23.28 48.49 2.55 - 51.04 Cardboard Boxes (per box) 4.99 0.20 5.19 - - - 5.19 0.27 - 5.46 Cardboard Box Liners (per box liner) 0.49 0.02 0.51 - - - 0.51 0.03 - 0.54 Bin Optional Services:

Bin Lock Lid Charge 15.71 0.63 16.34 - - - 16.34 0.86 - 17.20 Bin Extra Dump Charge 62.85 2.53 65.38 - - - 65.38 3.44 - 68.82 Bin Overflow Charge 62.85 2.53 65.38 - - - 65.38 3.44 - 68.82 Bin Overweight Charge 62.85 2.53 65.38 - - - 65.38 3.44 - 68.82 Bin Dead Run Charge 47.15 1.90 49.05 - - - 49.05 2.58 - 51.63 Bin Go Back Charge 47.15 1.90 49.05 - - - 49.05 2.58 - 51.63 Bin Delivery Charge 47.15 1.90 49.05 - - - 49.05 2.58 - 51.63 Bin Exchange Charge 47.15 1.90 49.05 - - - 49.05 2.58 - 51.63 Bin Bring-in Charge 47.15 1.90 49.05 - - - 49.05 2.58 - 51.63 Bin Wash/Clean Out Charge 47.15 1.90 49.05 - - - 49.05 2.58 - 51.63 Bin Rental Charge 125.71 5.06 130.77 - - - 130.77 6.88 - 137.65 Custom Bin Fabrication Charge 277.97 11.19 289.16 - - - 289.16 15.22 - 304.38 Bin Scout Service (per bin x frequency) 19.41 0.78 20.19 - - - 20.19 1.06 - 21.25 PAGE 341 of 1808

AGREEMENT FOR THE COLLECTION, TRANSPORTATION, PROCESSING AND

DIVERSION OF MUNICIPAL SOLID WASTE, RECYCLABLE MATERIALS, FOOD

SCRAPS, YARD TRIMMINGS, CONSTRUCTION AND DEMOLITION DEBRIS AND

OTHER MATERIALS AND FOR THE COLLECTION, TRANSPORTATION AND

DISPOSAL OF MUNICIPAL SOLID WASTE

BETWEEN

THE CITY OF SAN MARINO
AND
___________________________________
_________ 2025
PAGE 342 of 1808
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Intentionally left Blank
PAGE 343 of 1808
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Table of Contents
ARTICLE 1: DEFINITIONS ........................................................................................................17

1.01 Definitions.................................................................................................................................................................... 17 ARTICLE 2: REPRESENTATIONS AND WARRANTIES OF CONTRACTOR .....................................18

2.01 Legal Status.................................................................................................................................................................. 18

2.02 Authority. ..................................................................................................................................................................... 18

2.03 Agreement Duly Executed. ..................................................................................................................................... 18

2.04 No Conflict with Applicable Law or Other Documents.................................................................................. 18

2.05 No Litigation. ............................................................................................................................................................... 18

2.06 Financial Condition................................................................................................................................................... 19

2.07 Expertise....................................................................................................................................................................... 19

2.08 Contractor’s Investigation. ..................................................................................................................................... 19

2.09 Statements and Information in Proposal. ......................................................................................................... 19 ARTICLE 3: TERM OF AGREEMENT .........................................................................................21

3.01 Effective Date. ............................................................................................................................................................. 21

3.02 Term............................................................................................................................................................................... 21

3.03 Conditions to Effectiveness of Agreement......................................................................................................... 21

3.03.A Obligation of City to Perform........................................................................................................................ 21

3.03.A.1 Accuracy of Representations.....................................................................................................................................21

3.03.A.2 Absence of Litigation. ...................................................................................................................................................21

3.03.A.3 Furnishing of Bond. .......................................................................................................................................................22

3.03.A.4 Furnishing of Evidence of Insurance. ....................................................................................................................22

3.03.A.5 Effectiveness of City’s Approval...............................................................................................................................22

3.03.A.6 Reimbursement of City Procurement Costs........................................................................................................22

3.03.B Obligation of Contractor to Perform. ......................................................................................................... 23

3.03.B.1 Absence of Litigation. ...................................................................................................................................................23

3.03.B.2 Effectiveness of City's Approval...............................................................................................................................23

3.03.C Notice. ................................................................................................................................................................... 23 ARTICLE 4. EXCLUSIONS FROM SCOPE OF WORK...................................................................24

4.01 Exclusions From Scope of Work........................................................................................................................... 24 PAGE 344 of 1808
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ARTICLE 5: COLLECTION OF MUNICIPAL SOLID WASTE RECYCLABLE MATERIALS, FOOD

SCRAPS, YARD TRIMMINGS, CONSTRUCTION AND DEMOLITION DEBRIS, AND OTHER MATERIALS............................................................................................................................28

5.01 Scope of Work – General.......................................................................................................................................... 28

5.02 Growth and Changes in City During the Term. ................................................................................................ 30

5.03 Contractor’s Plan for Interim Period and Contractor’s Implementation Plan. .................................... 30

5.04 Residential Collection Services............................................................................................................................. 31

5.05 Commercial/Business Collection Services........................................................................................................ 31

5.06 Collection Services at City-Sponsored Special Events. ................................................................................. 32

5.07 Other Services and Special Services.................................................................................................................... 32

5.07.A Other Services.................................................................................................................................................... 32

5.07.B Collection of MSW and Divertible Materials at Non-City Sponsored Special Events.................. 32

5.07.C Special Services. ................................................................................................................................................ 32

5.08 Hours of Collection.................................................................................................................................................... 33

5.09 Collection Standards................................................................................................................................................. 34

5.09.A Care of Property................................................................................................................................................ 34

5.09.B Noise...................................................................................................................................................................... 34

5.09.C Private and Public Streets.............................................................................................................................. 35

5.09.D Customer Privacy. ............................................................................................................................................ 37

5.10 Litter Abatement........................................................................................................................................................ 38

5.10.A Minimization and Cleanup of Dropped, Scattered or Blown Materials.......................................... 38

5.10.B Clean Up of Existing Litter. ............................................................................................................................ 39

5.10.C Clean Up of Illegal Dumping. ......................................................................................................................... 40

5.10.D Covering of Loads. ............................................................................................................................................ 40

5.11 Hazardous Waste....................................................................................................................................................... 42

5.11.A General. ................................................................................................................................................................ 42

5.11.B Notice to Customers......................................................................................................................................... 43

5.11.C Contractor to Segregate and Dispose. ........................................................................................................ 43

5.11.D Operating Procedures and Employee Training...................................................................................... 44

5.12 City's Right to Change Scope of Work. ................................................................................................................ 45

5.13 Attendance At Meetings With City. ...................................................................................................................... 45

5.14 Ownership of Municipal Solid Waste and Recyclable Materials................................................................ 46

5.15 Containers at City Yard, City Hall and Community Center........................................................................... 47

5.16 Contamination Warning Notice/Prohibition on Contamination Fees..................................................... 47

5.17 Proposals for New Diversion Programs............................................................................................................. 47 PAGE 345 of 1808
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ARTICLE 6: TRANSPORTATION AND DISPOSAL OF MSW AND PROCESSING OF RECYCLABLE MATERIALS............................................................................................................................49

6.01 Transportation and Disposal of MSW................................................................................................................. 49

6.02 Transportation of Recyclable Materials. ........................................................................................................... 50

6.03 Transportation of Yard Trimmings and Food Scraps.................................................................................... 50

6.04 Transportation of Source-Separated Food Scraps. ........................................................................................ 50

6.05 Transportation of Construction and Demolition Debris.............................................................................. 50

6.06 City Right to Unilaterally Direct Change in Disposal or Processing Facility.......................................... 50

6.07 Designated Processing Facilities Unavailable. ................................................................................................ 51

6.08 Contractor Request for Change of Processing Facility. ................................................................................. 52 ARTICLE 7: PROCESSING AND MARKETING OF RECYCLABLE MATERIALS ................................54

7.01 Processing and Marketing Duties. ....................................................................................................................... 54

7.02 Permits.......................................................................................................................................................................... 54

7.03 Delivery of Residue to Landfill.............................................................................................................................. 54

7.04 Processing Facility Operating Requirements. ................................................................................................. 55

7.05 Contractor To Meet All Food Scrap and Yard Trimmings Processing Facility Specifications.......... 56

7.06 Processing Requirements....................................................................................................................................... 57

7.07 No Use of Biomass, Transformation, or Dirty MRF Facilities...................................................................... 57

7.08 Marketing of Recovered Materials, Compost and Other Products............................................................ 58

7.09 Limits on Modes of Disposition............................................................................................................................. 58

7.10 City Access to Processing Facilities. .................................................................................................................... 59 ARTICLE 8: EQUIPMENT, FACILITIES AND PERSONNEL............................................................60

8.01 General. ......................................................................................................................................................................... 60

8.02 Facilities........................................................................................................................................................................ 60

8.02.A General. ................................................................................................................................................................ 60

8.03 Vehicles. ........................................................................................................................................................................ 60

8.03.A General. ................................................................................................................................................................ 60

8.03.B Compliance With Air Quality Requirements. .......................................................................................... 62

8.03.C Vehicle Identification. ..................................................................................................................................... 62 PAGE 346 of 1808
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8.03.D Cleaning and Maintenance. ........................................................................................................................... 63

8.03.D.1 General................................................................................................................................................................................63

8.03.D.2 Cleaning..............................................................................................................................................................................63

8.03.D.3 Painting...............................................................................................................................................................................63

8.03.D.4 Maintenance. ....................................................................................................................................................................64

8.03.D.5 Repairs................................................................................................................................................................................64

8.03.D.6 Storage. ...............................................................................................................................................................................64

8.03.D.7 Leaking Vehicles. ............................................................................................................................................................65

8.03.E DMV Registration/BIT Inspections/Brake Inspections....................................................................... 65

8.03.F Vehicle Mirrors. ................................................................................................................................................. 66

8.03.G Collision Avoidance System........................................................................................................................... 66

8.03.H Other Required Vehicle Technological Capabilities............................................................................. 68

8.03.I Operation.............................................................................................................................................................. 70

8.04 MSW, Recyclable Materials and Food Scrap/Yard Trimmings Containers. ........................................... 71

8.04.A General. ................................................................................................................................................................ 71

8.04.B Container Ownership. ..................................................................................................................................... 72

8.04.C Failure to Distribute New Containers to All Customers....................................................................... 72

8.04.D Repair, Replacement, and Exchange.......................................................................................................... 72

8.04.E Cleaning, Painting and Maintenance of Contractor-Furnished Containers................................... 73

8.04.F Periodic Container Audit................................................................................................................................ 74

8.05 Personnel. .................................................................................................................................................................... 74

8.05.A General. ................................................................................................................................................................ 74

8.05.B Driver Qualifications. ...................................................................................................................................... 75

8.05.C Uniforms. ............................................................................................................................................................. 75

8.05.D Written Operating Procedures. ................................................................................................................... 75

8.05.E Safety Training................................................................................................................................................... 76

8.05.F No Gratuities....................................................................................................................................................... 77

8.05.G Employee Conduct and Courtesy................................................................................................................. 77

8.05.H Provision of Recycling Coordinator. .......................................................................................................... 77

8.05.H.1 Recycling Coordinator Experience, Background and Training. .................................................................78

8.05.H.2 Deadline for Providing Recycling Coordinator. ................................................................................................78

8.05.I Provision of City’s Day-to-Day City Contact Person................................................................................ 78

8.05.J Initial Hiring. ...................................................................................................................................................... 80

8.05.K Ongoing Training and Testing..................................................................................................................... 84

8.05.L Use of Workers Not Employed by Contractor.......................................................................................... 84

8.05.M Notification to City In Event of Impending Strike, Labor Unrest, Picketing or Similar Action .............................................................................................................................................................................................. 85 ARTICLE 9: OTHER COLLECTION-RELATED SERVICES ...............................................................87

9.01 Billing............................................................................................................................................................................. 87

9.01.A Direct Billing of All Customers. .................................................................................................................... 87

9.01.B City Inserts. ......................................................................................................................................................... 87

9.01.C Delinquent Accounts........................................................................................................................................ 88

9.02 Billing Records. .......................................................................................................................................................... 88

9.03 City Access to Billing Information........................................................................................................................ 88

9.04 Public/Customer Service and Accessibility. ..................................................................................................... 89

9.04.A Office Hours and Location.............................................................................................................................. 89 PAGE 347 of 1808
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9.04.B Availability of Representative...................................................................................................................... 89

9.04.C Telephone............................................................................................................................................................ 89

9.04.C.1 . ...............................................................................................................................................................................................90

9.04.C.2 . ...............................................................................................................................................................................................91

9.04.D Correspondence................................................................................................................................................ 92

9.04.E Electronic and Non-Electronic Payment of Bills..................................................................................... 92

9.04.F Maps, Schedules, Consumer Information.................................................................................................. 92

9.04.G Web Site. .............................................................................................................................................................. 93

9.05 Service Complaints.................................................................................................................................................... 93

9.06 Change in Collection Schedule............................................................................................................................... 95

9.07 Report of Accumulation of MSW or Unauthorized Dumping. ..................................................................... 95 ARTICLE 10: CONTRACTOR SB 1383 PERFORMANCE STANDARDS ..........................................96

10.01 Performance Standard for Minimization of Contamination..................................................................... 96

10.01.A Required Contamination Levels to be Achieved................................................................................. 97

10.01.A.1 Thirty Percent (30%) Contamination Levels to be Achieved During the Period January 1, 2028 Through December 31, 2029 ......................................................................................................................................................97

10.01.A.2 Twenty-Five Percent (25%) Contamination Levels to be Achieved During the Period January 1, 2030 through December 31, 2033 ...................................................................................................... 98

10.01.B City Evaluation of Contractor’s Attainment of Performance Standards for Contamination Minimization..................................................................................................................................................................100

10.02 Performance Standard for SB 1383 Program Implementation............................................................101

10.02.A City Evaluation of Contractor’s Attainment of Program Implementation Standards. ..........101 ARTICLE 11: RECORD KEEPING, REPORTING AND INSPECTIONS............................................103

11.01 General. ....................................................................................................................................................................103

11.02 Record Keeping......................................................................................................................................................103

11.03 Reporting. ................................................................................................................................................................104

11.03.A Reports Listed in Attachment K. .............................................................................................................104

11.03.B Monthly Recording of Information in the Red/Green Tracking Spreadsheet and in the Online CRM System......................................................................................................................................................104

11.03.B.1 Information to Be Recorded in the Red/Green Tracking Spreadsheet/CRM System.................105

11.03.C Reports Listed in Attachment N...............................................................................................................107

11.04 Inspection by City..................................................................................................................................................107

11.05 Compliance Reporting.........................................................................................................................................109

11.05.A Reporting of Estate, Multi-Family and Commercial Tons Separately.........................................110

11.05.B Material Discrepancy in Data Reported. ..............................................................................................111

11.06 Annual Route Audit. .............................................................................................................................................112

11.07 Characterization Studies. ...................................................................................................................................113

11.07 Characterization Studies. ..............................................................................................................................113 PAGE 348 of 1808
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11.08 Annual City Review of Contract Characterizations and Results............................................................114

11.09 Reporting of Adverse Information. .................................................................................................................114 ARTICLE 12: INDEPENDENT CONTRACTOR ...........................................................................116

12.01 Contractor an Independent Contractor.........................................................................................................116

12.02 No Partnership or Joint Venture Created......................................................................................................116

12.03 No Entitlement to City Benefits. .......................................................................................................................116 ARTICLE 13. INDEMNITY, INSURANCE, BOND.......................................................................117

13.01 General Indemnification.....................................................................................................................................117

13.02 Insurance. ................................................................................................................................................................119

13.02.A Types and Amounts of Coverage.............................................................................................................119

13.02.A.1 Workers’ Compensation and Employer’s Liability. ...................................................................................119

13.02.A.2 Comprehensive General Liability and Automobile Liability Policies.................................................119

13.02.A.3 Pollution Liability. ....................................................................................................................................................121

13.02.A.4 Physical Damage. ......................................................................................................................................................121

13.02.B Acceptability of Insurers. ..........................................................................................................................122

13.02.C Required Endorsements. ...........................................................................................................................122

13.02.D Delivery of Proof of Coverage. .................................................................................................................123

13.02.E Other Insurance Requirements. ..............................................................................................................124

13.03 Faithful Performance Bond. ..............................................................................................................................126

13.04 Alternative Security. ............................................................................................................................................127

13.05 Hazardous Waste Indemnification..................................................................................................................127

13.06 Intellectual Property Indemnification...........................................................................................................131 ARTICLE 14: COMPENSATION TO CONTRACTOR...................................................................132

14.01 General. ....................................................................................................................................................................132

14.02 Initial Rates. ............................................................................................................................................................132

14.03 Annual Rate Adjustments...................................................................................................................................134

14.04 Challenge to Rates................................................................................................................................................134

14.05 Disposal Charge (Tip Fee) Adjustments. .......................................................................................................135

14.06 City Regulatory Compliance Costs...................................................................................................................135

14.07 Adjustments to Rates in Attachment D Based on City-Directed Changes In Scope of Work........136 PAGE 349 of 1808
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ARTICLE 15: DEFAULT AND REMEDIES..................................................................................138

15.01 Events of Default....................................................................................................................................................138

15.02 Right to Suspend or Terminate Upon Default. ............................................................................................142

15.03 Specific Performance. ..........................................................................................................................................143

15.04 Use of Contractor Property Upon Default.....................................................................................................143

15.05 Right to Perform....................................................................................................................................................143

15.06 Payment for Use of Contractor’s Property....................................................................................................144

15.07 Damages. ..................................................................................................................................................................144

15.08 City’s Remedies Cumulative. .............................................................................................................................145

15.09 Liquidated Damages.............................................................................................................................................145

15.10 No Actions for Damages Against City..............................................................................................................156 ARTICLE 16: OTHER AGREEMENTS OF THE PARTIES..............................................................158

16.01 Compliance with Law; Non-Discrimination. ................................................................................................158

16.02 Assignment..............................................................................................................................................................158

16.02.A City Consent Required. ...............................................................................................................................158

16.02.B Assignment Defined. ...................................................................................................................................159

16.02.C Consent Requirements. ..............................................................................................................................159

16.03 Subcontracting.......................................................................................................................................................160

16.04 No Affiliated Entity. ..............................................................................................................................................161

16.05 Contractor’s Investigation; No Warranties by City. ...................................................................................161

16.06 Notice. .......................................................................................................................................................................162

16.07 Representatives of the Parties..........................................................................................................................163

16.07.A Representatives of City. .............................................................................................................................163

16.07.B Representative of Contractor...................................................................................................................163

16.08 Right to Inspect Contractor Operations.........................................................................................................164

16.09 Maintenance and Review of Records, Submission of Reports. ..............................................................164

16.10 Right to Demand Assurances of Performance.............................................................................................164

16.11 Contractor Designated As City’s Authorized Recycling Agent. ..............................................................165

16.12 Force Majeure.........................................................................................................................................................165

16.12.A Force Majeure................................................................................................................................................166 PAGE 350 of 1808
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16.12.B Obligation to Restore Ability to Perform. ............................................................................................166

16.12.C Notice................................................................................................................................................................166

16.12.D City's Rights in the Event of Force Majeure.........................................................................................166

16.13 Cooperation During Transition........................................................................................................................167

16.14 No Damages for Invalidation of Agreement. ................................................................................................167

16.15 Diversion Programs Not Restricted................................................................................................................168

16.16 Reports as Public Records..................................................................................................................................168 ARTICLE 17: MISCELLANEOUS PROVISIONS..........................................................................169

17.01 Governing Law. ......................................................................................................................................................169

17.02 Jurisdiction..............................................................................................................................................................169

17.03 Binding on Successors. ........................................................................................................................................169

17.04 Parties in Interest. ................................................................................................................................................169

17.05 Waiver.......................................................................................................................................................................169

17.06 Attachments............................................................................................................................................................169

17.07 Entire Agreement, Integration. ........................................................................................................................169

17.08 Section Headings. ..................................................................................................................................................170

17.09 Interpretation. .......................................................................................................................................................170

17.10 Amendment.............................................................................................................................................................170

17.11 Severability. ............................................................................................................................................................170

17.12 Costs and Attorneys’ Fees...................................................................................................................................170

17.13 References to Laws. ..............................................................................................................................................170

17.14 City’s Municipal Code...........................................................................................................................................171

17.15 Non-Discrimination..............................................................................................................................................171 PAGE 351 of 1808
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AGREEMENT FOR THE COLLECTION, TRANSPORTATION, PROCESSING AND

DIVERSION OF MUNICIPAL SOLID WASTE, RECYCLABLE MATERIALS, FOOD

SCRAPS, YARD TRIMMINGS, CONSTRUCTION AND DEMOLITION DEBRIS AND

OTHER MATERIALS AND FOR THE COLLECTION, TRANSPORTATION AND

DISPOSAL OF MUNICIPAL SOLID WASTE
THIS AGREEMENT is entered into as of the ____ day of _____ 2025, by and between the CITY OF SAN MARINO, a municipal corporation (hereinafter referred to as the “City”) and __________________________, a ___________________ (hereinafter referred to as “Contractor”).

RECITALS

1. The State of California has found and declared that due to the amount of Municipal Solid Waste (MSW) generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling, that there is an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has also found that the recycling or reuse of MSW will conserve not only landfill capacity but also water, energy and other natural resources.

The State has, through enactment of the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq., as may be amended from time to time, hereinafter referred to as the “Act”), directed responsible State Agencies, and all local agencies, to promote Recycling and to maximize the use of feasible Source Reduction, Recycling and Composting options in order to reduce the amount of MSW that must be disposed of by land Disposal.

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2. By enactment of the Act, the California Legislature has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste collection within their jurisdiction. Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be amended from time to time, City has determined that the public health, safety, and well-being require that an exclusive right be awarded to a qualified contractor to provide for the collection processing and disposal of solid waste, recyclable materials, and organic waste materials, in order to achieve the diversion goals and other requirements of the Act.

3. In 2011, AB 341 was approved and signed into law amending the Act. The AB 341 amendments make a legislative declaration that it is the policy goal of the State of California that not less than seventy-five percent (75%) of MSW be source reduced, recycled or composted by the year 2020. As required by AB 341, the California Department of Resources Recycling and Recovery (hereinafter referred to as “CalRecycle”) prepared a plan for submittal to the legislature on the methods to accomplish this goal. AB 341 required all businesses generating four (4) or more cubic yards of MSW per week, and all Multi-Family dwellings consisting of five (5) units or more, to arrange for Recycling services on or before July 1, 2012; and required all local agencies to provide a commercial recycling program meeting specified criteria on or before July 1, 2012.

4. In 2014, AB 1826 was approved and signed into law amending the Act. AB 1826 required the City to provide a collection and diversion program for Food Scraps, Yard Trimmings and Wood for all businesses and Multi-Family Complexes on or before January 1, 2016. AB 1826 requires businesses within City to participate in a diversion PAGE 353 of 1808
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program for Food Scraps, Yard Trimmings and Wood according to a specified schedule depending upon the quantity of such materials and the quantity of MSW generated by the business. Businesses generating eight (8) or more cubic yards of Food Scraps, Yard Trimmings and Wood per week must participate as of April 1, 2016. Businesses generating four (4) or more cubic yards of Food Scraps, Yard Trimmings and Wood per week must participate on or before January 1, 2017. All businesses generating two (2) or more cubic yards per week of MSW must participate as of January 1, 2020. AB 1826 further required all Multi-Family complexes of five (5) or more units to participate in a diversion program for Yard Trimmings and Wood as of April 1, 2016.

5. In 2016, SB 1383 was approved and signed into law amending the Act and amending sections of the California Health and Safety Code. SB 1383 required that by January 1, 2028, the State Air Resources Board approve and begin implementing a statewide strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by forty percent (40%), hydrofluorocarbon gasses by forty percent (40%) and anthropogenic black carbon by fifty percent (50%) compared to 2013 levels.

This reduction is to be achieved by 2030. In service of this reduction strategy, SB 1383 established a statewide goal of a fifty percent (50%) reduction in the disposal of organic waste (as defined in the legislation) from the 2014 level by 2020, and a seventy-five percent (75%) reduction from the 2014 level by 2025. SB 1383 further requires that a minimum of twenty percent (20%) of the reduction in disposal of organic waste by 2025 be comprised of edible Food Scraps Diverted for human consumption. CalRecycle developed SB 1383 regulations which were approved by the Office of Administrative Law PAGE 354 of 1808
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in 2020 and codified in the California Code of Regulations (“CCR”) Title 14, Division 7, Chapter 12, “Short-Lived Climate Pollutants”.

6. In 2022, SB 54 the “Plastic Pollution Prevention and Packaging Producer Responsibility Act” was approved and signed into law amending the Act. SB 54 requires that by January 1, 2032, all single-use packaging and plastic single-use food service ware (“covered materials”) offered for sale, distributed or imported into the state, be recyclable or compostable as defined by the Act. SB 54 requires the following recycling rates be achieved statewide for covered materials: thirty percent (30%) by January 1, 2028; forty percent (40%) by January 1, 2030; and sixty-five percent (65%) by January 1, 2032. SB 54 provides for funding to local governments to offset the costs of this recycling and monitoring effort. SB 54 requires that CalRecycle promulgate final regulations to implement all aspects of the legislation by January 1, 2025. Local government agencies have been notified to begin tracking estimated and actual costs for compliance with SB 54 from 2023 onward, and to be prepared to submit such costs to CalRecycle by the dates specified by the statue and the final regulations.

7. City’s existing agreement with Arakelian Enterprises, Inc., DBA Athens Services was entered into on October 1. 2003 and has been amended four times, most recently in October 2023. The existing agreement expires December 31, 2025, unless earlier terminated by either party.

8. On February 24, 2022 the City received a letter from CalRecycle notifying the City it was deficient in implementing the mandatory commercial organics recycling (MORe) Program required by AB 1826. If the City did not submit an action plan with milestone dates for correcting the deficiency, the City would receive notification from the PAGE 355 of 1808
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Jurisdiction Compliance Unit indicating the start of consideration of a compliance order.

On March 22, 2022 the City responded with a letter to CalRecycle stating that it was in the process of negotiating a new or amended contract with Athens Services which it planned to complete by May 31, 2022. The City continued to communicate with CalRecycle on the status of the negotiations and on diversion program implementation for SB 1383.

9. Pursuant to the terms in the Fourth Amendment to the agreement, City entered into exclusive negotiations with Athens Services in late 2023 to attempt to reach mutually agreeable terms and rates for a new or amended agreement for recycling and solid waste services. After fourteen months of negotiations, the City and Athens Services were unable to reach an agreement. On February 28, 2025 the San Marino City Council authorized the issuance of a Request for Proposals for solid waste and recycling services.

10. Also on February 28, 2025, at the request of Athens Services, the City Council appointed a two-person Ad Hoc Committee to meet a final time to attempt to reach mutually agreeable terms and rates for a new or amended contract. The Ad Hoc Committee met with Athens Services on March 18, 2025 to discuss terms and rates. The parties were unable to reach agreement on terms and rates.

11. On March 24, 2025 the City received a letter from Athens Services stating the company was exercising its right, pursuant to the Fourth Amendment to the agreement, to terminate the existing contract as of May 30, 2025.

11. Through its existing contract with Athens Services, City has implemented Residential, Multi-Family and Commercial Recycling and Diversion programs for PAGE 356 of 1808
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Recyclable Materials, Yard Trimmings, Food Scraps and Edible Food at some generators. City wishes to arrange for the operation, expansion and enhancement of its existing Recycling and Diversion programs and implementation of new comprehensive Recycling and other Diversion programs for Single and Multi-Family Residential Premises, Commercial and Business Establishments and other operations in the City, which entails the Collection of Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris and other materials and the delivery of these materials for processing and Diversion at Processing Facilities. These Recycling, Composting and other Diversion programs are integral and important components of the City’s strategy for complying with the Act, including compliance with AB 1826 and SB 1383 requirements, and are, therefore, of paramount importance to the City. Due to the complexity and specificity of the SB 1383 regulations, new contracts for solid waste and recycling services must contain very detailed and specific performance requirements, metrics to measure performance, and detailed reporting requirements to enable the City to comply with the SB 1383 regulations.

9. City issued a Request for Proposals on April 11, 2025 and ___ proposals were received on __________. The City has evaluated the proposals submitted and has determined that the Contractor has proposed to provide such services in a manner and on terms which are in the best interests of the City, its residents and businesses, taking into account the qualifications and experience of the Contractor, the financial capability of the Contractor, the Contractor’s demonstrated commitment to Recycling and Diversion of materials from Disposal, and the cost of providing such services.

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NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and for other good and valuable consideration, the parties agree as follows:

PAGE 358 of 1808
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AGREEMENT
PAGE 359 of 1808
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ARTICLE 1: DEFINITIONS

1.01 Definitions. Unless otherwise defined in this Agreement, capitalized terms used in this Agreement shall have the meanings set forth in the definitions contained in Attachment A.

PAGE 360 of 1808
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ARTICLE 2: REPRESENTATIONS AND WARRANTIES OF

CONTRACTOR

2.01 Legal Status. Contractor is a corporation duly organized, validly existing and in good standing under the laws of the State of California, and is qualified to do business in the State of California.

2.02 Authority. Contractor has the authority to enter into and perform its obligations under this Agreement. Contractor has taken all actions required by law, or otherwise to authorize the execution of this Agreement.

2.03 Agreement Duly Executed. The Persons signing this Agreement on behalf of Contractor have been authorized to do so, and this Agreement constitutes a legal, valid and binding obligation of Contractor.

2.04 No Conflict with Applicable Law or Other Documents. Neither the execution and delivery by Contractor of this Agreement, nor the performance by Contractor of its obligations hereunder: (i) conflicts with, violates or will result in a violation of any Applicable Laws, as of the Effective Date; or (ii) conflicts with, violates or will result in a breach or default under any term or condition of any existing judgment, order or decree of any court, administrative agency or other governmental authority, or of any existing contract or instrument to which Contractor is a party, or by which Contractor is bound.

2.05 No Litigation. There is no action, suit, proceeding, or investigation at law or in equity, before or by any court or governmental entity, pending or threatened against Contractor, or otherwise affecting Contractor, wherein an unfavorable decision, ruling, or PAGE 361 of 1808
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finding, in any single case or in the aggregate, would materially adversely affect Contractor’s performance hereunder, or which, in any way, would adversely affect the validity or enforceability of this Agreement, or which would have a material adverse effect on the financial condition of Contractor.

2.06 Financial Condition. Contractor has made available to City information on its financial condition. City has relied on this information in evaluating the sufficiency of Contractor’s financial resources to perform this Agreement. To the best of Contractor’s knowledge, this information is complete and accurate, does not contain any material misstatement of fact and does not omit any fact necessary to prevent the information provided from being materially misleading.

2.07 Expertise. Contractor has the expertise and professional and technical capability to perform all of its obligations under this Agreement.

2.08 Contractor’s Investigation. Contractor has made an independent investigation and analysis, the results of which are satisfactory to Contractor, of the conditions and circumstances surrounding the Agreement, its content and preparation, and the work to be performed by Contractor under the Agreement. The Agreement accurately and fairly represents the intentions of Contractor, and Contractor enters into this Agreement on the basis of that independent investigation and analysis.

2.09 Statements and Information in Proposal. The Proposal submitted to City and information submitted to City supplementary thereto, does not contain any untrue statement of a material fact nor omit to state a material fact necessary in order to make the statements made, in light of the circumstances in which they were made, not PAGE 362 of 1808
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misleading. Contractor’s Proposal is attached hereto as Attachment Y. To the extent that Contractor’s Proposal includes promises to perform services in addition to, or at a higher standard of service than those required by the Request for Proposals, those promises are incorporated into this Agreement and Contractor hereby ratifies its agreement to perform as promised.

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ARTICLE 3: TERM OF AGREEMENT

3.01 Effective Date. The Effective Date of this Agreement shall be ________, 2025.

3.02 Term. The Term of this Agreement shall commence on the Effective Date and shall end at midnight on June 30, 2035, unless earlier terminated. Contractor’s obligation to collect MSW, Recyclable Materials, Food Scraps/Yard Trimmings, Source-Separated Food Scraps, Source-Separated Yard Trimmings and other materials shall begin on June 1, 2025 at 12:01 a.m.

3.03 Conditions to Effectiveness of Agreement.

3.03.A Obligation of City to Perform. The obligation of the City to perform under this Agreement is subject to satisfaction, on or before the Effective Date, of each of the conditions set out below, each of which may be waived in whole or in part by City:

3.03.A.1 Accuracy of Representations. The representations and warranties made by Contractor in Article 2 of this Agreement shall be true and correct on and as of the Effective Date.

3.03.A.2 Absence of Litigation. There shall be no litigation pending on the Effective Date in any court challenging the execution of this Agreement or seeking to restrain or enjoin its performance.

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3.03.A.3 Furnishing of Bond. Contractor has furnished the performance bond required by Section 13.03 which meets the requirements of that section.

3.03.A.4 Furnishing of Evidence of Insurance. Contractor has furnished satisfactory evidence of insurance required by Section

13.02. 3.03.A.5 Effectiveness of City’s Approval. The approval of this Agreement by City shall have become effective, pursuant to California law, on or before the Effective Date.

3.03.A.6 Reimbursement of City Procurement Costs. Concurrent with executing this Agreement, Contractor shall have paid to City the sum of __________________________ ($__________) to
reimburse City for its costs for conducting the competitive procurement process for this Agreement. [Amount will be provided via an Addendum to the RFP]
City may waive the satisfaction of the conditions described in Section 3.03.A.3 and Section 3.03.A.4, allow this Agreement to become effective, and exercise its rights and remedies under this Agreement for Contractor’s failure to furnish the bond or the evidence of insurance.

PAGE 365 of 1808
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3.03.B Obligation of Contractor to Perform. The obligation of Contractor to perform under this Agreement is subject to the satisfaction on or before the Effective Date of both of the conditions set forth below, each of which may be waived in whole or in part by Contractor.

3.03.B.1 Absence of Litigation. There shall be no litigation pending on the Effective Date in any court challenging the execution of this Agreement, or seeking to enjoin its performance.

3.03.B.2 Effectiveness of City's Approval. The approval of this Agreement by the City shall have become effective, pursuant to California law.

3.03.C Notice. If either party wishes to assert that a condition for its benefit has not been satisfied and has not been waived, it must deliver written notice to that effect to the other party prior to the Effective Date. If no such notice is received, the Agreement will become effective on the Effective Date. Each party is obligated to perform in good faith the actions, if any, which this Agreement requires it to perform before the Effective Date and to cooperate towards the satisfaction of the conditions set forth above.

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ARTICLE 4. EXCLUSIONS FROM SCOPE OF WORK

4.01 Exclusions From Scope of Work. Contractor shall perform the work described in Article 5, Attachment B “Scope of Work” and all other tasks described in the Agreement.

The scope of work to be performed by Contractor shall exclude all of the following and Contractor hereby agrees that City may permit the Collection, Transportation, Recycling, Processing, Composting, Diversion and/or Disposal of the following materials generated from Premises in City including, all of the following materials without seeking or securing any approval of Contractor:

A. Recyclable Materials which are separated by the Customer and donated or sold to youth, civic, or charitable organizations or any other Person; B. MSW, Recyclable Materials, Food Scraps and/or Yard Trimmings generated at, and removed from, any Premises by the property owner or occupant and self-hauled by the property owner or occupant (or by his or her full-time employees) to a Processing Facility or to a Disposal Facility;
C. Food Scraps and/or Yard Trimmings which are generated at, and removed from, any Premises by the property owner or occupant and which are transported by the property owner or occupant (or by his or her full-time employees) and PAGE 367 of 1808
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Composted at a Processing Facility a Community Composting Site and/or a community garden;
D. Food Scraps and/or Yard Trimmings which are Composted on-site by the property owner or occupant using an outdoor composting method, an in-vessel composting method, vermicomposting and/or a Compost Appliance.

E. Recyclable Materials which are generated at, and removed from, any Premises by the property owner or occupant and which are transported by the property owner or occupant (or by his or her full-time employees) to a permitted Recycling drop off or buy-back center or to a Processing Facility;
F. Edible Food for Human Consumption that is Collected by any Person.

G. Food Scraps that are separated by the Customer for use as Edible Food for Human Consumption and are donated, sold or the Customer pays for Collection and delivery of the Food Scraps to food banks, shelters, churches, civic organizations, schools, individuals or any Person for human consumption.

H. Food Scraps that are separated by the Customer and are donated, sold or the Customer pays for Collection and/or delivery and/or use of the Food Scraps by a third party for (i) use as animal feed; and/or (ii) for use in making new food products for human consumption and/or for Composting at a local third-party community Compost program, Community Compost Site, a community garden, or other similar facility.

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I. Glass, plastic, and/or aluminum beverage containers and all other containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et seq., of the California Public Resources Code; J. Construction and Demolition Debris self-hauled by a Person or a Person’s employees from a Premises that is owned or controlled by such Person, including a tenant of residential or commercial property.

K. Yard Trimmings removed from a Residential, Commercial, or any other Premises by a gardening, landscaping or tree trimming company utilizing its own equipment as an incidental part of a total service offered by the company rather than as a hauling service;
K The casual or emergency Collection and Disposal of MSW by City employees in the normal course of their employment;
L. Hazardous Waste, regardless of the source; and
M. MSW removed from a Premises by cleanup and junk removal services, and who: (a) hauls only the MSW which the cleanup service cleans up and no other MSW; (b) performs cleanup services such as removing junk from Residential and Commercial Premises; (c) uses its own vehicle(s) to haul the MSW which the cleanup service cleans up; and (d) does not use a Bin, Roll Off Box or other Container, whether or not such Bin, Roll Off Box or Container is left at the cleanup site, to accomplish the cleanup, Collection or transportation of the MSW.

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N. Construction and Demolition Debris Collected and/or hauled by another entity, company, or Person holding the required permits, licenses and/or other approvals of City.

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ARTICLE 5: COLLECTION OF MUNICIPAL SOLID WASTE

RECYCLABLE MATERIALS, FOOD SCRAPS, YARD TRIMMINGS,

CONSTRUCTION AND DEMOLITION DEBRIS, AND OTHER

MATERIALS

5.01 Scope of Work – General. Except as otherwise provided herein, Contractor shall (a) collect Municipal Solid Waste generated at Residential Single Family Dwellings, Residential Estates, any future Multi-Family Dwellings, Commercial and Business Establishments (including City facilities) and Special Events within the City and deliver it to the Disposal Site approved by City, and (b) collect Recyclable Materials, Co-collected Food Scraps/Yard Trimmings, Source-Separated Food Scraps, Source-Separated Yard Trimmings, Construction and Demolition Debris and other items specified in Attachment B placed for Collection by Residential Single Family Customers, Residential Estate Customers, Multi-Family Dwelling Customers, Commercial and Business Establishments (including City facilities), and Special Events within the City and deliver each type of material to the Processing Facility designated by City. (Note: see the definitions of “Residential Single Family Dwelling”, “Residential Estate”, “Multi-Family” and “Commercial and Business Establishments” in Attachment A. For purposes of this Agreement, Multi-Family complexes with centralized Collection service are considered “Multi-Family Dwellings” and those with individual Cart Collection service are considered “Single Family Dwellings”.)
Notwithstanding the foregoing, the City does not guarantee that any particular type or quantity of Municipal Solid Waste, Recyclable Materials, Food Scraps, Yard Trimmings, Construction and Demolition Debris or any other material will be available for Collection at any time during the Term of this Agreement. Contractor acknowledges that the City PAGE 371 of 1808
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does not control the content of the waste stream generated within the City. Contractor further acknowledges that future changes in laws, regulations, packaging, the economy, consumption of goods, geopolitical conditions, and/or technology may affect the type and quantity of material that will be available for Collection by Contractor, and agrees that it will not be entitled to any cost or rate increases or other compensation of any kind due to such changes in the types and quantities of materials available for Collection. The City shall have no obligation to affirmatively defend Contractor’s rights granted under this Agreement, but shall reasonably cooperate with Contractor, at Contractor’s expense, in Contractor’s efforts to defend its rights.

The work to be done by Contractor includes the furnishing of all labor, supervision, equipment, materials, supplies, vehicles and equipment, storage and maintenance facilities, and all other items necessary to perform the services required under this Agreement in a thorough, workmanlike and efficient matter, so that Residents, businesses, and public and private institutions within the City are provided reliable, courteous and high-quality services at all times. The enumeration of, and specification of, requirements for particular items of labor or equipment shall not relieve Contractor of the duty to furnish all others that may be required, whether enumerated or not. In the event of a conflict between requirements in the Agreement and in the attachments to the Agreement, the decision of the City shall govern.

Contractor shall provide and perform all Collection services, Diversion Programs, Special Services, City services and Public Outreach and Education in accordance with Attachment B, whether or not such provisions are specifically referred to in any other section of this Agreement.

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5.02 Growth and Changes in City During the Term. The parties acknowledge that changes to existing structures and new developments in the City may occur during the Term. Contractor shall provide all services described in this Agreement to all newly constructed and occupied Premises during the Term in accordance with rates in Attachment D in effect at the time the services are provided.

5.03 Contractor’s Plan for Interim Period and Contractor’s Implementation Plan.

The parties recognize that numerous tasks and activities must be accomplished by Contractor in order to initiate Collection operations in City on June 1, 2025 and to establish Customer accounts, billing, service levels, and respond to Customer questions and concerns. This will be followed by acquisition of new Containers and new vehicles which will then be deployed during the Interim Period. This includes providing a three (3) Container system with all Customers being provided Containers for MSW, Recyclable Materials and Food Scraps/Yard Trimmings. Contractor has prepared “Contractor’s Plan for Interim Period” (which is Attachment H to the Agreement) showing the key tasks, activities and milestones to be accomplished during the Interim Period.

In addition, substantial and detailed planning and preparation will be required to ensure that all Diversion programs are Fully Implemented at all Customers, Public Education and Information is distributed, characterizations are commenced, and all other requirements in the Agreement including Attachment B are being completed during the period January 1, 2027 through December 31, 2028. To that end, Contractor has prepared the detailed Implementation Plan in Attachment C.

Contractor shall diligently adhere to both Contractor’s Plan for Interim Period and the Implementation Plan and shall meet periodically, whenever City requests, to review PAGE 373 of 1808
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its progress. Failure to adhere to Contractor’s Plan for Interim Period and to the Implementation Plan, including the schedules therein, shall constitute a material breach of this Agreement, which, if uncured, shall constitute a default under Section 15.01.

With regard to any specific plans and other materials required to be submitted to City for review and approval in either Contractor’s Plan for Interim Period or in the Implementation Plan, City will endeavor to take actions, make decisions, and provide directions to Contractor in accordance with the schedule and time allowances set forth in Attachments H and C, so as not to delay Contractor’s adherence to the schedules in said plans.

5.04 Residential Collection Services. Contractor shall collect all MSW, Recyclable Materials, Food Scraps and Yard Trimmings generated at Residential Single Family Dwellings within the City and placed for Collection at backyard/sideyard locations by Customers. Contractor shall Collect the same materials from Residential Estates within the City. Said materials shall be collected from Residential Single Family Dwellings and Residential Estates Premises at the frequencies and in the manner described in Attachment B, Section 2. Tonnage of each type of materials (MSW, Recyclable Materials, and Co-collected Food Scraps/Yard Trimmings) Collected from Estates shall be recorded by material type and weight and reported separately from Single Family Residential, MultiFamily or Commercial Tons.

5.05 Commercial/Business Collection Services. Contractor shall collect all MSW, Recyclable Materials, Food Scraps and Yard Trimmings generated at Commercial and Business Establishments within the City and placed for Collection. Said materials shall PAGE 374 of 1808
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be collected from such Premises at the frequencies and in the manner described in Attachment B, Section 3.

5.06 Collection Services at City-Sponsored Special Events. Contractor shall Collect all MSW, Recyclable Materials and Food Scraps generated, at up to twenty (20) Citysponsored Special Events per calendar year during the Term at no charge to the City as described in Section 4 of Attachment B.

5.07 Other Services and Special Services.

5.07.A Other Services. Contractor shall provide other Collection services as requested by Customers in the City on an on-call basis, including Bin, Roll Off Box and Compactor service described in Attachment B, Section 3.

5.07.B Collection of MSW and Divertible Materials at Non-City Sponsored Special Events. Contractor shall also provide Containers and Collection service for Recyclable Materials and Food Scraps at non-City sponsored special events (whether for profit, non-profit or private gatherings) as described in Section 4 of Attachment B. Such services shall be provided at the rates in Attachment D.

5.07.C Special Services. Contractor shall provide special services as described in Attachment B that include, but are not limited to:
• Bulky Goods Collections
• Special Events Collections
• Holiday Greenery Collection and Recycling
• Community Shredding Events
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• Compost Giveaway Events

5.08 Hours of Collection. Collection of MSW, Recyclable Materials, Co-collected Food Scraps/Yard Trimmings, Source-Separated Food Scraps, Source-Separated Yard Trimmings, Construction and Demolition Debris, and all other Collection operations may occur only within the hours authorized by the City. Contractor may not conduct Collection operations earlier than 7:00 a.m. local time or later than 6:00 p.m. for Single Family and Multi-Family Dwellings, and no earlier than 7:00 a.m. local time or later than 6:00 p.m. for Commercial and Business Establishments. The City Manager or his/her designee, if requested by Contractor, may grant temporary site and route-specific exceptions. At the sole discretion of the City Manager, Contractor shall adjust the early morning start point of Collection routes to address and minimize Customer complaints, when warranted. The decision of the City Manager or his/her designee shall be final.

Contractor shall not conduct any Residential, Commercial, permanent or temporary Roll Off Collections or any other Collections on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. No Collections shall occur on Saturdays for Single Family and MultiFamily Dwellings except for missed pick-up service and for a holiday that falls on a preceding Friday. When a holiday falls on a weekday, Collection service will be performed on the following day. For example, if a holiday falls on a Monday, service scheduled for Monday will be provided on Tuesday, service scheduled for Tuesday on Wednesday and so on. If a holiday falls on a Saturday, service will be provided the following Monday.

Commercial Collections may occur all seven (7) days of the week.

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Contractor shall coordinate with the City Manager or his or her designee to ensure that the Collection of MSW, Recyclable Materials, Food Scraps/Yard Trimmings, and Construction and Demolition Debris is compatible with, and does not interfere with, City’s street sweeping operations.

5.09 Collection Standards.

5.09.A Care of Property. Contractor shall use due care when handling MSW, Recycling, and Food Scrap/Yard Trimmings Carts and Bins. Carts shall not be thrown from trucks, roughly handled, damaged or broken. Containers shall be returned to the Collection point upright, with lids properly closed.

Contractor shall ensure that its employees close all gates opened by them in making Collections, unless otherwise directed by the Customer, and avoid crossing landscaped areas and climbing or jumping over flower beds, hedges, fences, and other building appurtenances.

City shall refer complaints about damage to private property, including common areas in common-area subdivisions, and common areas and parking areas in Multi-Family Dwellings to Contractor. Contractor shall promptly and at its sole expense repair, or arrange for the repair of, all damage to private property caused by its employees, including but not limited to vehicles, overhangs, carports, streets, curbs, sidewalks, driveways and paved areas.

5.09.B Noise. All Collection operations shall be conducted as quietly as possible and shall conform to City noise level regulations. The noise level during the stationary compaction process shall not exceed 75 decibels at a distance of 25 feet from the PAGE 377 of 1808
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Collection vehicle measured at an elevation of five (5) feet above ground level using the “A” scale of the standard sound level meter at slow response. Contractor shall test all Collection vehicles used in City annually during the months of June and July beginning June of 2027 and shall submit to City a certificate of vehicle noise testing by an independent testing facility showing the results of the tests. The City may also conduct random checks of noise emission levels to ensure such compliance.

5.09.C Private and Public Streets. Contractor shall use its best efforts to prevent damage to all streets (public and private) over which its Collection equipment may be operated, and Contractor shall obtain all required approvals for operation of its Collection vehicles on private streets. In the event Contractor damages public streets (including but not limited to creation of potholes, holes in asphalt, damage to curbs, gutters and storm drains), including, but not limited to, damage caused by Contractor operating vehicles in violation of requirements in this Agreement, City will notify Contractor and Contractor shall be responsible for the City’s costs of repairing the damage, which will be performed by City. Contractor shall comply with all requirements for placement of Containers, including Roll Off Boxes, in the public right of way, including compliance with encroachment permits pursuant to the City’s Municipal Code.

Contractor shall use all available industry best practices to prevent spills of fuel and fluids (such as oil, hydraulic fluid, brake fluid, etc.) on streets; including, but not limited to, installation of a hydraulic fluid pressure monitoring system on all new Collection vehicles as described in Section 8.03.M. A liquid spill kit shall also be carried at all times on each Collection vehicle. If such a spill occurs, Contractor shall immediately notify the PAGE 378 of 1808
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City (including the Director of Public Works or his/her designee and the City’s NPDES Coordinator) and all proper regulatory authorities of said spill and release of fluids. Upon a release of such fluids, the driver shall immediately park the vehicle and it shall remain parked until the leak is repaired. In such event Contractor shall not park the leaking vehicle within two hundred (200) feet of a waterway or storm drain and shall utilize absorbent material, sand bags, “socks” and/or other appropriate means to prevent leaking fluids from entering storm drains. In the event of any type of spill or other emergency, Contractor shall be responsible for securing the immediate safety of the vehicle driver, all other employees of Contractor and all persons and property in the surrounding vicinity.

Contractor shall clean, at Contractor’s expense, the spilled fluids in coordination with, and to the satisfaction of, City and applicable regulatory agencies.

As of the Effective Date, Contractor shall initiate and provide continuous (at least monthly) training of all collection employees, route supervisors, dispatch personnel and all management employees in the proper handling of any leaked liquid or spills to prevent such liquids and/or spills from entering storm drains, waterways or otherwise creating environmental damage or any damage to Persons, property, wildlife, animals, vegetation, the ocean, waterways, or releases to the atmosphere. Such trainings shall include a simulation of a spill with employees physically performing the appropriate actions and activities to contain spilled fluid(s) and notify the City and all appropriate regulatory agencies, at least one (1) time each year. Contractor shall provide a quarterly report to City on the trainings held with each employee group including the topics covered, and the PAGE 379 of 1808
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employees or third parties that provided each training, as further described in Section

11.03. 5.09.D Customer Privacy. Contractor shall strictly observe and protect the rights of privacy of Customers. Information identifying the contents and composition of a Customer’s MSW, Recyclable Materials, Food Scraps/Yard Trimmings, SourceSeparated Food Scraps, Source-Separated Yard Trimmings or Construction and Demolition Debris shall not be revealed to any Person, governmental unit, private agency or company (other than photographs, video, and other information required to be submitted to City pursuant to this Agreement; required to be submitted to CalRecycle; and photographs, video and other information required to be submitted to a regulatory agency in connection with a spill described in Section 5.09.C), unless authorized by the Customer or by any Applicable Laws. This includes, but is not limited to, data, written information or descriptions, notes, photographs, video footage, GIS data identifying Customer, Customer’s address, location, Contamination identified in Customer’s Containers, other materials identified in Customer’s Containers and other information on the contents of Customer’s MSW, Recyclable Materials, Yard Trimmings, Food Scraps or Construction and Demolition Debris Containers obtained through on-site observations, aerial photography, GIS systems, satellite photographs or video, drone photographs or video, conversations with Customers, and documents received by Contractor from Customers. In the event one (1) or more employees remove documents or any other material from Customer Containers, other than specifically for the purposes of (a) an onsite field audit or characterization, (b) transferring overflowing materials from one Container to another Container, or (c) for Collecting, Disposing of, or Diverting the PAGE 380 of 1808
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materials as described in this Agreement, Contractor shall assign a different employee(s) to perform the work in the City.

This provision shall not be construed to prohibit Contractor from (i) preparing, participating in, or assisting in the preparation of characterization studies, and waste stream analyses of MSW and Divertible Materials that may be required by the Act or requested by City; (ii) performing the characterizations required pursuant to Article 11 and Attachment N of this Agreement; (iii) taking photos and/or video of Contamination in Containers or of overfilled, blocked or otherwise uncollectable Containers, or of Uncontainerized materials; (iv) providing information necessary for City to comply with the Act and SB 1383; and (v) providing information requested by police, sheriff, public safety or other law enforcement; or to obtain information required to be submitted to City in order for City to exercise its police powers and enforce City’s Municipal Code.

Contractor shall not market or distribute customer data, information or mailing lists to any party except where required by the provisions of this Agreement, and additionally, Contractor shall make available customer mailing lists to the City upon request.

5.10 Litter Abatement.

5.10.A Minimization and Cleanup of Dropped, Scattered or Blown Materials.

Contractor shall use due care to prevent MSW, Food Scraps/Yard Trimmings, Recyclable Materials and Construction and Demolition Debris from being dropped, scattered or blown during the Collection or transportation process. Contractor shall tarp all open Roll Off Boxes while transporting the Box. If any MSW, Yard Trimmings, Wood, Food Scraps, Construction and Demolition Debris or Recyclable Material is dropped, scattered or blown PAGE 381 of 1808
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out of a vehicle or Roll Off Box, Contractor shall promptly clean up all such materials whether on private or public property. Each Collection vehicle shall carry all industrystandard equipment for this purpose. Failure to clean up all dropped, scattered, or blown materials within four (4) hours of notification of the existence of dropped, scattered or blown materials or litter resulting from Collection operations reported by a Customer, the City, or any other Person (when reported during regular business hours) shall result in the assessment of liquidated damages as described in Section 15.09.

Contractor shall not transfer loads from one vehicle to another on any public street or private roadway, unless it is necessary to do so because of mechanical failure or damage to a Collection vehicle that renders it inoperable and the vehicle cannot be towed.

5.10.B Clean Up of Existing Litter. The Contractor shall clean up existing litter in the immediate vicinity of any MSW, Recyclable Materials, Food Scrap, or Yard Trimmings Collection area (including enclosures and in all areas on private and public property where Containers are delivered for Collection) whether or not Contractor has caused the litter. Contractor shall notify the Customer and the City after the second occurrence of existing litter and shall send City a photograph of the littered area. City’s Code Enforcement Officer, or other City representative, and Contractor’s Recycling Coordinator will make an on-site inspection to discuss the situation with the Authorized Customer Representative responsible for the property. If the litter and debris is being caused by illegal dumping, the City and Contractor’s City Day-to-day contact person will work with the Authorized Customer Representative. Contractor shall recommend options to the Customer including but not limited to, using locked enclosures and/or Bins with locking lids to prevent entry. Upon Customer request, Contractor shall provide Bins with PAGE 382 of 1808
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locking lids. If the cause of the litter is under-subscription to the Collection service, the City and Contractor’s City Day-to-Day contact person will work with the Authorized Customer Representative to identify options for solving the problem including Diversion of more Divertible Materials, source reduction, flattening cardboard boxes, and other options. In the event Contractor recommends a change in the size of Container(s) and/or the frequency of service, and the Customer objects, the City shall determine the appropriate resolution. The decision of the City shall be final.

5.10.C Clean Up of Illegal Dumping. Contractor shall respond to all calls from City regarding spilled or illegally dumped MSW, Yard Trimmings, Wood, Food Scraps, Recyclable Materials, Electronic Waste, U-Waste and/or Bulky Items that are identified in locations other than Customer MSW enclosures (such as empty parking lots, on City streets, sidewalks, etc.) during regular business hours Monday through Friday.

Contractor shall collect and deliver such material to the City designated Disposal Facility (or, in the case of Recyclable Materials, Yard Trimmings, Wood, concrete, asphalt or other inert materials, to the City-designated MRF, Compost Facility, or Construction and Demolition Debris Processing Facility; and in the case of Electronic and Universal Waste, to a fully-permitted, City-Approved Processing Facility). Contractor shall utilize appropriate vehicles, equipment and labor to accomplish Collection of illegally dumped materials in a safe and timely manner in accordance with all Applicable Laws.

5.10.D Covering of Loads. Contractor shall place covers on all open Roll Off Box Containers and transfer trucks during transport to the Disposal facility, Materials Recovery PAGE 383 of 1808
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Facility, Compost Facility, Construction and Demolition Debris Processing Facility and all other Processing Facilities.

5.10.E Overfilled Carts and Bins. Contractor shall not charge Customers any extra fee or charge for Overfilled Bins or Overfilled Carts. In no event shall Contractor force, coerce, pressure, threaten, or require a Customer to increase the frequency of their service or subscribe to a larger size Container due to Overfilled Carts and/or Overfilled Bins. If Overfilled Carts and/or Bin(s) are a chronic problem and Contractor has photo-documentation of at least two (2) events of Overfilled Carts and/or Bins within a thirty (30) day period, Contractor shall work with the Customer(s) to develop options for a solution, which may include flattening boxes, increasing Diversion of Divertible Materials, source reduction and other options. Contractor shall report the incidents and the results of working with the Customer to the City in the monthly reports.

In the event Contractor encounters an overweight temporary clean up Bin that cannot be safely lifted and emptied into Contractor’s Collection vehicle, Contractor may charge the Customer the ‘cleanup Bin overweight charge’ listed in Attachment D. This charge applies only to temporary cleanup Bins.

5.10.F Compactor and Roll Off Box Overages. Roll Off Box Overweight Charges. Contractor may charge the Compactor and Roll Off Box per Ton overage fees listed in Attachment D for Compactors and Roll Off Boxes that exceed the maximum allowable weight for Collection and/or exceed the California maximum legal PAGE 384 of 1808
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highway weight limits. Contractor may charge the overweight Roll Off fee listed in Attachment D if a special vehicle is needed to haul the contents of a Roll Off Box that weighs in excess of ten (10) Tons loaded weight. The overweight Roll Off fee may be charged in addition to the standard Roll Off rate in Attachment D.

5.11 Hazardous Waste

5.11.A General. Contractor shall be aware of, and comply with, all laws, rules, and regulations relating to the handling and transportation of Hazardous Waste, including those requiring training and documentation. Contractor shall implement a Hazardous Waste exclusion program that includes, at a minimum, a visual check of all Containers Collected to protect against Collection of Hazardous Waste. Said visual check may occur at the time of Collection and/or at the time the load is dumped at the Disposal site or Processing Facility. If Contractor observes any substances that it believes to contain Hazardous Waste within the City, including but not limited to in Containers designed for MSW, Yard Trimmings, Wood, Food Scraps, Recyclable Materials or Construction and Demolition Debris, Contractor shall not collect such Hazardous Waste but shall immediately notify the appropriate regulatory agencies and the City. The preceding sentence shall not apply to prevent Contractor’s Collection of Bulky Goods (i.e. refrigerators) that contain Freon, in accordance with Applicable Laws.

In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully disposed of or released on private property or on public property, including, but PAGE 385 of 1808
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not limited to, storm drains, streets, or other public rights of way, Contractor shall notify City Manager, or the City Manager’s designee immediately.

5.11.B Notice to Customers. Contractor shall notify all Customers at least once each year with a mailing separate from other notices and brochures, of: (i) the prohibition against the Disposal of Hazardous Waste in authorized Containers, Bins, Carts, Compactors or Roll-off Boxes; and (ii) the obligation of each Customer to provide for the proper handling and disposition of Hazardous Waste. To the extent that Contractor has actual knowledge of the existence of such Hazardous Waste in a Container placed for Collection, Contractor shall not collect such Container. Contractor shall, prior to leaving the location where such Hazardous Waste has been observed, leave a tag at least 2” x 6” that informs the customer why the Collection was not made and lists the telephone number for the appropriate local agencies to contact for proper disposal of the Hazardous Waste.

5.11.C Contractor to Segregate and Dispose. In the event Contractor inadvertently collects any Hazardous Waste, and during the course of transportation and disposition at a Disposal Facility, Materials Recovery Facility, Compost Facility, Construction and Demolition Debris Processing Facility or other Processing Facility, and becomes aware that it has collected such Hazardous Waste, Contractor shall segregate the Hazardous Waste, and shall arrange for its transport and Disposal to a properly permitted Recycling, treatment or disposal facility of Contractor’s choosing at Contractor’s sole expense. Contractor shall be solely responsible for the transport and disposition of all Hazardous Waste that is collected by Contractor. City will cooperate with Contractor’s PAGE 386 of 1808
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attempts to locate and collect the costs of such transport and disposition from the responsible Customer.

5.11.D Operating Procedures and Employee Training. Contractor shall establish, implement and maintain written operating procedures designed to ensure Contractor’s utilization of techniques generally accepted in the recycling and waste hauling industry for cities of the size and nature of the City of San Marino to handle and dispose of Hazardous Waste and its compliance with the provisions of this Agreement and all applicable laws, rules, and regulations. Contractor shall establish, implement and maintain an employee training program and shall ensure that employees responsible for the identification of Hazardous Waste are fully trained to properly handle and dispose of Hazardous Waste. Contractor shall maintain documentation that describes the training received by its employees.

5.11.E Hazardous Waste Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of Hazardous Waste found in MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps, and/or Construction and Demolition Debris at Residential Single Family Dwellings, Residential Estates, Commercial and Business Establishments, and at Construction and Demolition sites and which was inadvertently collected from Customers within the City, but discovered and segregated at (a) the point of Collection, (b) at a Processing Facility, or (c) at a Disposal Site. Said records shall include the ultimate disposition of the Hazardous Waste. A summary of said records shall be provided to City with each monthly report submitted by Contractor PAGE 387 of 1808
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pursuant to Section 11.03 and Attachment K. The complete records shall be maintained by Contractor in written or electronic format for the duration of the Term.

5.12 City's Right to Change Scope of Work. The City shall have the unilateral right, without amending this Agreement, to direct Contractor in writing to cease performing one or more of the services described in this Agreement, may direct Contractor to modify the scope of one or more of such services, may direct Contractor to perform additional Collection services and/or processing services, and may similarly modify Contractor’s obligations under any provisions of this Agreement. This Section 5.12 shall not be interpreted to mean that Contractor may request changes. This Section 5.12 applies only to changes directed by the City during the Term.

The changes that City may direct include, but are not limited to, program expansions, new Diversion Programs to comply with the Act, modifying or stopping certain Diversion programs and/or specified portions of programs, change of Processing Facility, providing pilot programs and innovative services which may entail new Collection methods, different types of services, equipment and/or new requirements for Customers, new technology, and compliance with new laws, rules, and regulations.

If such changes cause an increase or decrease in the cost of performing the services, an appropriate adjustment in the rates set forth in Attachment D will be made as provided in Section 14.07. Contractor shall continue to perform the new or changed service while the appropriate adjustment in the rates, if any, is being determined.

5.13 Attendance At Meetings With City. Contractor shall attend monthly status meetings with City staff, representatives and agents beginning within one calendar week PAGE 388 of 1808
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of the Effective Date of this Agreement. The date, time and location for meetings will be established by the City, in consultation with the Contractor. Contractor shall provide all necessary and appropriate personnel to attend each meeting such that the topics on the agenda can be addressed fully and completely. At the sole discretion of the City, additional meetings may be convened during the Term to continue to address issues not resolved at the monthly meetings and to address specific events, issues or concerns as needed by the City. Topics to be covered at the monthly meetings include progress on the Implementation Plan, progress toward the achievement of program implementation as described in Attachment B, Contamination levels in Customer Containers, results from waste characterizations as described in Attachment N, “trace back” of Contamination found in waste characterizations, review of implementation of all items in the Scope of Work, review of monthly reporting documents including the Red/Green Tracking Spreadsheets, and/or Scaleware, Zapple, SMART 1383 (or other similar software program) data and information, planning for upcoming Special Events, and any other items relevant to the accomplishment of all tasks and attainment of all performance standards contained in the Agreement.

5.14 Ownership of Municipal Solid Waste and Recyclable Materials. Ownership and the right to possession of all MSW, Co-collected Food Scraps/Yard Trimmings, SourceSeparated Food Scraps, Source-Separated Yard Trimmings, Construction and Demolition Debris and Recyclable Materials shall be deemed to transfer to Contractor from the Customer once such materials are placed in Containers and properly placed at the designated Collection location. At no time shall the City hold any right of ownership or possession of MSW, Yard Trimmings, Food Scraps, Recyclable Materials, PAGE 389 of 1808
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Construction and Demolition Debris or Hazardous Waste placed for Collection and nothing in this Agreement shall be construed as giving rise to any inference that City has such rights.

5.15 Containers at City Yard, City Hall and Community Center. In addition to Collection at City facilities described in Attachment EE, Contractor shall, at no additional charge, provide Containers at City Yard, City Hall and/or Community Center (as directed by City) as described in Attachment B, Scope of Work, Section 4.7.5.

5.16 Contamination Warning Notice/Prohibition on Contamination Fees. Contractor shall follow the procedures described in Attachment B, Sections 2 and 3 “Procedure for Observation and Issuance of Contamination Notices to Customers” at any time a driver observes Contamination in a Container placed for Collection. Contractor is prohibited from charging any Customer, account and/or any Authorized Customer Representative a “Contamination fee”, or any type of charge or fee related to Contamination observed in any Container.

5.17 Proposals for New Diversion Programs.

Contractor shall, at no additional cost, within forty-five (45) days of each request by City, submit a written proposal on providing additional or expanded Diversion services.

The proposal shall contain a complete description of the following: (A) Collection methodology to be employed; (B) equipment to be used and staffing requirements by number and classification; (C) type of Container(s) to be used; (D) informational/promotional campaign; (E) projection of annual operating costs and revenues (if applicable), including documentation of and support for key assumptions PAGE 390 of 1808
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underlying projections. In the event City decides to proceed with implementation of such additional and/or expanded Diversion service(s), the provisions of Section 5.12 of the Agreement shall apply.

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ARTICLE 6: TRANSPORTATION AND DISPOSAL OF MSW AND

PROCESSING OF RECYCLABLE MATERIALS

6.01 Transportation and Disposal of MSW. City-designated Disposal Site as of the Effective Date is: [selected Proposer’s Disposal Site to be filled in here ] If at any time during the Term, Contractor becomes aware that any City-designated Disposal Site is not properly permitted and in compliance with all Applicable Laws, including but not limited to Public Resources Code Sections 43000 through 44820, all regulations promulgated pursuant thereto, and all other applicable state and local laws and regulations, Contractor shall immediately notify City in writing of the specific issues, violations and all other information known to Contractor. In the event the City-designated Disposal Site becomes unavailable for Disposal of MSW from City due to lack of proper permits, and/or lack of compliance with Applicable Laws and/or for any other reason, Contractor shall assist City in identifying and researching possible alternate Disposal Sites and shall cooperate with City in switching to the alternate Disposal Site(s) identified by City. In such event, Contractor shall transport and deliver all MSW collected pursuant to the Agreement to such other Disposal site designated in writing by the City Manager or his/her designee, and the provisions of Sections 5.12 and Section 14.07 shall apply if the change in Disposal Site creates a change (either an increase or decrease) in the cost of transport or Disposal of MSW.

Contractor shall cooperate with the operator(s) of the City-approved Disposal Site with regard to operations therein, including by way of example, complying with directions from the operator to unload Collection vehicles in designated areas, accommodating to maintenance operations and construction of new facilities, complying with the operator’s PAGE 392 of 1808
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Hazardous Waste exclusion program, and fully and transparently cooperating with the operator’s tonnage tracking system including reporting of allocation methods.

6.02 Transportation of Recyclable Materials. Contractor shall transport and deliver for processing all Recyclable Materials to the [fill in name and address of selected Proposer’s MRF here] which is the City-approved Clean MRF.

6.03 Transportation of Yard Trimmings and Food Scraps. Contractor shall transport and deliver all Yard Trimmings, Food Scraps, Co-collected Yard Trimmings/Food Scraps and all Source-Separated Yard Trimmings to [fill in name and address of selected Proposer’s Processing Facility for these materials here] which is the City-approved Yard Trimmings and Food Scrap Processing Facility.

6.04 Transportation of Source-Separated Food Scraps. Contractor shall transport and deliver all Source-Separated Food Scraps collected from Carts, Bins, Roll Off Boxes and Compactors pursuant to this Agreement to [fill in name and address of selected Proposers’ Processing Facility here] which is the City-approved Source-Separated Food Scrap Processing Facilities.

6.05 Transportation of Construction and Demolition Debris. Contractor shall transport and deliver all Construction and Demolition Debris collected from Bins and Roll Off Boxes pursuant to this Agreement to the [fill in name and address of selected Proposer’s C&D Processing Facility here] which is the City-approved Construction and Demolition Debris Processing Facility.

6.06 City Right to Unilaterally Direct Change in Disposal or Processing Facility. City reserves the right to unilaterally direct a change in any of the Disposal or Processing PAGE 393 of 1808
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Facilities described in this Article 6 for any reason, during the Term. In such event, City shall provide a minimum of six (6) months written notice to Contractor of the change. In such event, the provisions of Section 5.12 shall apply if changes in the designated Processing Facility result in increased mileage of more than ten (10) miles one way.

6.07 Designated Processing Facilities Unavailable. If any of the Processing Facilities described in Sections 6.02, 6.03, 6.04, and/or 6.05 become unavailable for use by the City during the Term, City may designate a new Processing Facility. The parties agree that a Processing Facility shall only be deemed to be “unavailable” if one or more of the following has occurred: (i) a Force Majeure event as described in Section 16.12 has occurred; or (ii) a Processing Facility has lost one or more permits to operate; or (iii) a Processing Facility has exhibited a pattern of violation through the receipt of repeated notices of violation from one or more regulatory agencies. Further, the parties agree that a Processing Facility shall only be deemed to be “unavailable” if the lack of availability of the Processing Facility is not due to Contractor’s negligence, illegal activity, neglect or willful misconduct. At City’s request, Contractor shall research and propose alternate Processing Facility(ies) for the material(s) requiring Processing, and shall submit a written analysis and recommendation to the City within five (5) working days concerning the cost for use of alternate facilities and any logistical changes that would be required to utilize such alternate facilities. City and Contractor will discuss the advantages and disadvantages of use of the potential alternate Processing Facilities and City will designate a selected facility. The decision of the City shall be final. In the event a Processing Facility becomes unavailable due to the negligence, illegal activity, neglect or willful misconduct of Contractor, Contractor shall bear all additional costs for use of an PAGE 394 of 1808
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alternate Processing Facility including increased processing costs, transportation costs, transfer costs and all other costs for as long as said alternate Processing Facility is used for Processing of materials Collected in City. In the event that a Processing Facility has become unavailable and the cause is not due to the negligence, illegal activity, neglect or willful misconduct of Contractor, the rates charged by Contractor that are set forth in Attachment D shall be adjusted (up or down) as described in Sections 5.12 and 14.07.

6.08 Contractor Request for Change of Processing Facility. In the event Contractor proposes the use of a new or different Processing Facility than those currently in use, Contractor shall provide the City with a detailed description of the proposed facility including but not limited to, the location, owner and operator, current facility users, technical capacity, processing methodology, diversion capabilities, potential advantages to the City, cost of use of the facility including impacts of transportation costs and tipping fees, and shall provide copies of all permits for the facility. In presenting the costs for use of the proposed facility, 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 proposed facility, as well as the total proposed rate change for each rate category incorporating use of the proposed facility. The City will evaluate the proposal and may, in its sole discretion, choose not to use the proposed facility if any one of the following issues is not addressed to the satisfaction of the City:
(a) Costs are not acceptable.
(b) The facility does not have all required state, federal and local permits, and land use approvals and/or the facility is not operating in compliance with all state, federal and local permits, regulations and land use approvals.

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(c) Performance of the facility is not acceptable (e.g. the diversion achieved or proposed is not adequate, the quality of the materials created at the facility is substandard, etc.).
(d) The actual or proposed end use for the processed materials created by the facility is not the highest and best use as dictated by regulatory and market conditions.
(e) The City is subject to a binding agreement or other legal commitment with another entity that directs the use of a specific Processing Facility that prevents the use of the Contractor’s suggested facility. (f) Use of the proposed facility is not in the best interest(s) of the City or its ratepayers, as determined in the City’s sole discretion.

The parties will meet and discuss use of the proposed facility and the Contractor will provide prompt responses to City questions, concerns and requests for any additional information. City will inform Contractor in writing of its decision concerning use of the proposed facility within sixty (60) days of receipt of all of the information requested by the City. The decision of the City shall be final.

In the event City chooses to utilize a new or different Processing Facility, Attachment D shall, for the remainder of the Term, (if desired by City) be revised to include additional columns such that the new table shows the breakdown of costs for Collection, processing, transportation and Disposal for each category of service.

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ARTICLE 7: PROCESSING AND MARKETING OF RECYCLABLE

MATERIALS

7.01 Processing and Marketing Duties. The costs proposed by Contractor shall include the costs of furnishing of all labor, supervision, equipment, materials, supplies and all other items necessary to perform the processing and materials marketing services required in this Article 7 in a thorough, workmanlike and efficient manner. Contractor shall provide processing and marketing services for all Divertable Materials Collected in City. In the event Contractor fails to provide processing services for any material type (Recyclable Materials, Co-collected Food Scraps/Yard Trimmings, Source-Separated Food Scraps, Source Separated Yard Trimmings and/or Construction and Demolition Debris, the liquidated damages in Section 15.09 shall apply. If Contractor fails to provide processing services for any material type for over fifty-six (56) days, Contractor shall be found to be in default of this Agreement.

7.02 Permits. Contractor shall utilize only Processing Facilities that are fully licensed and permitted under all applicable federal, state, regional and local laws, rules, and regulations. Within fifteen (15) calendar days after execution of the Agreement by both parties, Contractor shall deliver to City a package containing copies of all of the permits for the Clean MRF, the Compost Facility, the Yard Trimmings/Wood Processing Facility, the Food Scrap Processing Facility and the Construction and Demolition Debris Processing Facility and for any other Processing Facility approved by City that Contractor will use to process materials collected within City.

7.03 Delivery of Residue to Landfill. Contractor shall deliver, or arrange to be delivered, all non-recyclable Residue from the operations at all Processing Facilities including but PAGE 397 of 1808
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not limited to the Clean Materials Recovery Facility, the Compost Facility, and the Construction and Demolition Debris Processing Facility to the landfill designated by City in accordance with Section 6.01.

7.04 Processing Facility Operating Requirements. Contractor shall operate all Processing Facilities it owns in compliance with all applicable federal, state, regional and local laws and regulations and shall adhere to the requirements of all permits for each facility. If Contractor is using Processing Facilities it does not own, it shall be Contractor’s responsibility to investigate and determine that said facilities are operating in compliance with all Applicable Laws, rules, regulations and permit requirements. If, at any time during the Term, said facilities are not operating in compliance with all legal requirements, it shall be the duty of Contractor to immediately report the situation to the City. Upon receipt of such information, City may conduct an independent investigation of the situation, may require Contractor to utilize a different Processing Facility while City is conducting its investigation, or may take other actions City deems reasonable and necessary to protect the interest of the City, its customers, public health and safety and the environment.

7.04.1 Clean MRF. The Clean MRF described in Article 6 must include processing lines for cleanup of Recyclable Materials, sorting of all Recyclable Materials and must be capable of processing and marketing all the Recyclable Materials collected by Contractor in the City.

7.04.2 Compost Facility. The Compost Facility described in Article 6, must be capable of processing all the Yard Trimmings (including Source-Separated Yard Trimmings) Collected by Contractor in the City, all Source-Separated Food Scraps Collected by Contractor in the City and all Co-collected Food Scraps/Yard Trimmings PAGE 398 of 1808
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Collected by Contractor in the City. Said facility shall handle Food Soiled Paper, shall be capable of removing any non-Compostable “biodegradable” and “compostable” bags, utensils and serving ware as described in Section 6 of Attachment B. If said items are Compostable, the materials shall be Composted at the Compost Facility. If said items are not Compostable, the items shall be Disposed at the City-approved Disposal Site. The end product(s) produced at the facility must be capable of being used for agricultural and landscaping applications and shall meet all federal, state, regional and local laws and regulations for such uses. Compost produced must be certified by the U. S. Composting Council Seal of Testing Assurance Program (“STA”). Contractor shall provide City with documentation evidencing such certification annually on or before January 1 of each year beginning January 1, 2028.

7.04.3 Construction and Demolition Debris Processing Facilities. The Construction and Demolition Debris Processing Facilities described in Article 6 must be capable of processing all of the Construction and Demolition Debris that is collected by the Contractor in the City.

7.05 Contractor To Meet All Food Scrap and Yard Trimmings Processing Facility Specifications. Contractor shall take all actions required to ensure that the SourceSeparated Food Scraps, Source-Separated Yard Trimmings, and Co-collected Food Scraps/Yard Trimmings Collected and delivered to the Processing Facilities provided by Contractor and approved by City, meet all specifications required by said Facility(ies) for use as feedstock material, including but not limited to, amounts of Contaminants allowed.

In no event shall the Source-Separated Food Scraps, Source-Separated Yard Trimmings, or Co-collected Food Scraps/Yard Trimmings Collected in City be delivered to any PAGE 399 of 1808
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alternate Processing Facility or any other type of facility that has not been previously approved in writing by City, nor shall any of said materials Collected in City be Disposed (except as provided in Section 7.04.2).

7.06 Processing Requirements. Contractor shall process all Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings, Co-collected Food Scraps/Yard Trimmings and Construction and Demolition Debris Collected in City in a manner that satisfies the Diversion requirements identified in Attachment B and in applicable regulations of CalRecycle.

7.07 No Use of Biomass, Transformation, or Dirty MRF Facilities. Contractor shall not deliver any materials Collected in City pursuant to this Agreement to a biomass, Transformation, or waste to energy facility. Contractor shall not deliver any MSW or other materials Collected pursuant to this Agreement to a dirty MRF. [The following text will be inserted if applicable to the selected proposer:” Notwithstanding the foregoing, in the event it is necessary for Contractor to utilize a Dirty MRF during the Interim Period until the three (3) Container system is implemented at all Customers, City will allow use of the Dirty MRF. In such event, Contractor shall make all reasonable efforts to obtain and distribute the new Containers in Attachment E-2 and to obtain and utilize the new vehicles in Attachment F-1 as soon as possible during the Interim Period, in order to minimize the use of a Dirty MRF. Use of a Dirty MRF shall be prohibited beginning January 1, 2027. and Contractor shall use a Clean MRF for processing Recyclable Materials, and a Compost Facility/Anaerobic Digestion PAGE 400 of 1808
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Facility (whichever is proposed by the selected proposer) for processing Food Scraps and Yard Trimmings”]

7.08 Marketing of Recovered Materials, Compost and Other Products. Contractor shall be responsible for marketing, or arranging for the marketing, of all Recovered Materials, all Compost product(s) and all other products generated or produced from the Processing Facilities utilized to process materials collected in City, including, but not limited to, the Materials Recovery Facilities, Compost Facility, Food Scrap Processing Facilities and the Construction and Demolition Debris Processing Facilities.

7.09 Limits on Modes of Disposition. City may direct Contractor, at any time, to stop delivering Recovered materials for uses that do not qualify as Diversion for purposes of the Act. Contractor is prohibited from delivering any material Collected in City to a solid waste landfill for use as Alternative Daily Cover. This prohibition includes, but is not limited to, Recyclable Materials, Source-Separated Yard Trimmings, Source-Separated Food Scraps, Co-collected Food Scraps/Yard Trimmings, Construction and Demolition Debris, Compost, MRF “fines”, MRF “overs” and all other products, byproducts and Residue from Processing Facilities utilized to Process materials pursuant to this Agreement.

This prohibition applies even if CalRecycle or any other agency allows such materials used as to qualify as Diversion for purposes of the Act.

No MSW of any kind may be disposed of on land at any location other than by delivery to the City-designated landfill as designated under Section 6.01. No MSW of any kind may be disposed of in water or in the atmosphere.

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7.10 City Access to Processing Facilities. In addition to City’s rights under other provisions of this Agreement, City and its agents shall have the right at all reasonable times to enter each of the Processing Facilities to (a) observe operations, (b) observe compliance with permit requirements, (c) observe tonnage allocation and tonnage tracking procedures, (d) observe and participate in the characterizations described in Attachment N, and (e) for any other reasonable purpose.

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ARTICLE 8: EQUIPMENT, FACILITIES AND PERSONNEL

8.01 General. Contractor shall furnish all facilities, vehicles and equipment necessary to perform safely and efficiently the services required by this Agreement. Contractor shall provide Collection vehicles, Bins, Carts, other Containers and other equipment as described in Sections 8.03 and 8.04.

8.02 Facilities.

8.02.A General. Contractor shall provide all facilities required for storage, maintenance, repair and deployment of all vehicles and equipment required to perform the services required by this Agreement. Contractor shall also provide the necessary facilities and office space for personnel of Contractor providing the services required by this Agreement. The facility or facilities used by Contractor to perform the required services shall be fully permitted in compliance with all Federal, State and local laws, rules, and regulations. In the event the City receives complaints about the facilities (whether for noise, odor, litter, traffic problems or any other issue), Contractor shall promptly take action to address the issue(s) and shall resolve the problem within five (5) business days.

8.03 Vehicles.

8.03.A General. On or before June 1, 2025, Contractor shall provide Interim Collection Vehicles and Interim Auxiliary Vehicles of the type, size and configuration, and in the quantities shown on Attachment F-2. On or before January 1, 2027 (at the end of the Interim Period) Contractor shall provide new Collection and Auxiliary Vehicles of the type, size and configuration, and in the quantities shown on Attachment F-1. For purposes of this section, “new” means the truck chassis, body and all other parts and components PAGE 403 of 1808
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of the vehicle shall be new and unused. All Interim and new Collection vehicles used by Contractor to perform services pursuant to this Agreement shall be suitable in design and construction for arduous heavy-duty service.

8.03.A.1 Technological Equipment and Capabilities for New Vehicles All new Collection vehicles listed in Attachment F-1 shall be equipped with a system that provides surveillance, monitoring, auditing, recording and tracking including video and still photo equipment, GPS system, i-pads (or equivalent), backup cameras, and communication devices.

Contractor shall utilize the Collection vehicles listed in Attachment F-1 (including Roll-Off Collection vehicles) for Collection operations in City except for the percentage of use in other jurisdiction(s) indicated in Attachment F-1.

Collection routes that operate solely within the City for Collection of MSW, Recyclable Materials, Co-collected Food Scraps/Yard Trimmings, Source-Separated Food Scraps, Source-Separated Yard Trimmings and Construction and Demolition Debris, shall Collect only materials from within City such that when the Collection vehicles are weighed at the Disposal facility and/or at the Processing Facilities, all material in each vehicle shall originate solely from City. For vehicles on routes Collecting materials in the City of San Marino as well as in other jurisdictions, Contractor shall record the city of origin of each lift and calculate the tonnage of the material Collected in City and in the other jurisdiction(s). The tonnages allocated to City along with the supporting data and PAGE 404 of 1808
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calculations of the tonnage allocations for each material type shall be reported in the monthly reports described in Attachment K.

8.03.B Compliance With Air Quality Requirements. All Collection vehicles described in Section 8.03.A (including all Residential BYS Vehicles, front loaders, side loaders, Roll Off, Bin and Cart delivery vehicles, and all auxiliary vehicles) [if BYS vehicles are not the option selected by the City for use by the selected proposer, reference to that type of vehicles will be deleted] shall operate in full compliance with all federal, state and local requirements for clean air vehicles including but not limited to the requirements of the California Air Resources Board and the South Coast Air Quality Management District’s rules and regulations. Said requirements, rules and regulations include, but are not limited to, the Advanced Clean Fleet Regulation issued by the California Air Resources Board and Rule 1193 issued by the South Coast Air Quality Management District. Route supervisor’s vehicles and all other ancillary vehicles that will operate on a routine basis in the City shall also be in compliance with said federal, state and local air quality regulations.

8.03.C Vehicle Identification. The name of Contractor, Contractor’s local telephone number, and a unique vehicle identification number for each vehicle shall be prominently displayed on all Collection vehicles. Clean Air Vehicles shall display a statement as to the type of Clean Air Vehicle fuel being used. City shall approve all details, including size, color and location of text, identification numbers and logo. During the Interim Period, Interim Collection and Interim Auxiliary vehicles shall display the information required in this Section 8.03.C within one-hundred twenty (120) days of being PAGE 405 of 1808
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placed into service in City. Temporary magnetic placards or similar methods may be utilized for this purpose during the Interim Period. New Collection and auxiliary vehicles shall be in compliance with the requirements of this section on the date they are placed in service in City on or before January 1, 2027.

8.03.D Cleaning and Maintenance.

8.03.D.1 General. Contractor shall maintain all of its equipment used in providing service under this Agreement in a safe, neat, clean and operable condition at all times.

8.03.D.2 Cleaning. The exterior and interior of vehicles used in the Collection of MSW, Recyclable Materials, Co-collected Food Scraps/Yard Trimmings, SourceSeparated Food Scraps, Source-Separated Yard Trimmings and Construction and Demolition Debris shall be thoroughly washed by Contractor at least once a week or more often as needed to maintain a clean appearance and thoroughly steam cleaned at least once a month or more often as needed to maintain a clean appearance. In addition, the interior collection compartment of vehicles used for the collection of any Food Scraps shall be thoroughly washed on a daily basis. City may inspect vehicles at any time to determine compliance with sanitation requirements and aesthetic conditions. Contractor shall make vehicles available for inspection by other local agencies that have jurisdiction over solid waste and recycling vehicles, at the frequencies required.

8.03.D.3 Painting. All vehicles used in Collection of MSW, Co-collected Food Scraps/Yard Trimmings, Source-Separated Food Scraps, Source-Separated Yard Trimmings and Construction and Demolition Debris shall be repainted by Contractor at least once every five (5) years, unless the City determines that repainting specific vehicles PAGE 406 of 1808
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at that frequency is not necessary because the vehicle’s appearance is satisfactory or unless the City determines that repainting a specific vehicle earlier (due to graffiti, wind damage, etc.) is necessary to ensure that the vehicle gives the appearance of having been repainted within the preceding sixty (60) months. All graffiti shall be removed or painted over within forty-eight (48) hours of discovery.

8.03.D.4 Maintenance. Contractor shall inspect each vehicle daily to ensure that the vehicle and all equipment is operating properly and in compliance with this Agreement. Vehicles which are not operating properly shall be taken out of service until they are repaired and do operate properly. Contractor shall perform or cause to be performed all scheduled maintenance functions in accordance with the manufacturer’s specifications and schedule. Contractor shall keep accurate records of all vehicle maintenance, recorded according to part or vehicle identification, date, and mileage, and shall make such records available to the City upon request.

8.03.D.5 Repairs. Contractor shall repair, or arrange for the repair of, all vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all vehicles and equipment in a safe and operable condition.

Contractor shall maintain accurate records of repair, which shall include the part or vehicle identification, date/mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed.

8.03.D.6 Storage. Contractor shall arrange to store all vehicles and other equipment in safe and secure location(s) owned by Contractor or licensed by Contractor for Contractor’s use. Facilities used for storage shall comply with all zoning and land use PAGE 407 of 1808
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requirements applicable to the facility. Contractor shall not store vehicles or equipment (including Bins, Carts, and Roll Off Boxes) in publicly accessible parking lots, vacant lots or any other similar areas. City shall have access to Contractor’s regular vehicle and equipment storage facilities at all times.

8.03.D.7 Leaking Vehicles. In the event that City or Contractor receives a report of a leaking vehicle, Contractor shall, upon notification by City, Customer or other Person, immediately take the vehicle out of service and repair the leak. Contractor shall be responsible for immediate cleanup of any leaked or spilled fluids whether on public streets, private streets, public property or private property, to be completed not later than one hour of notification or Contractor’s own detection, unless such leaks or spills are of such magnitude that such work cannot be completed within one hour. Contractor shall also immediately notify City and all applicable regulatory agencies (as listed in Section

5.09.C of this Agreement) of any leaked liquid or spill that is near or that reaches, or that City or Contractor reasonably believes could reach, a storm drain, waterway, the bay or ocean, stream, wetland, or any other body of water. Vehicles collecting Source-Separated Food Scraps or Co-collected Food Scraps/Yard Trimmings shall be specially designed and manufactured to contain liquid and to prevent leaking.

8.03.E DMV Registration/BIT Inspections/Brake Inspections. All vehicles utilized by Contractor in the performance of this Agreement shall be registered with the California Department of Motor Vehicles. All vehicles shall pass the required California Highway Patrol biennial inspection of the terminals (“BIT”). Within fifteen (15) calendar days after each BIT inspection, Contractor shall submit records to City from all of the PAGE 408 of 1808
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terminal(s) responsible for the maintenance and repair of equipment used in City, showing the results of the inspection(s).

The brake system of each Collection vehicle used in performance of this Agreement (including all rear loaders, side loaders, single-pass vehicles, and the Household Hazardous Waste and Bulky Item Collection vehicles) shall be inspected and certified annually. Notice of certification for each vehicle shall be filed with the City within thirty (30) calendar days after each certification, but in no event later than May 1 of each year of the Term beginning May 1, 2027. Failure to submit the required certification shall be grounds for termination of this Agreement.

8.03.F Vehicle Mirrors. All vehicles used by Contractor for providing services pursuant to this Agreement with a gross vehicle weight rating of twenty-six thousand (26,000) pounds or more shall be equipped with a convex mirror on the front of each vehicle, adjusted so as to enable the operator to see all points on an imaginary horizontal line which:
(a) Is three feet (3’) above the road;
(b) Is one foot (1’) directly forward from the midpoint of the front of the vehicles; and
(c) Extends the full width of the front of the vehicle.

8.03.G Collision Avoidance System. All vehicles used by Contractor for providing services pursuant to this Agreement with a gross vehicle weight rating of twentysix thousand (26,000) pounds or more shall be equipped with the best available industry standard collision avoidance system that is capable of detecting adjacent pedestrians, bicyclists, scooters, motorcycles and vehicles. City reserves the right to inspect PAGE 409 of 1808
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Contractor’s vehicles, at any time, to confirm that the installation and capability of Contractor’s collision avoidance system is consistent with the requirements herein. As of the Effective Date Contractor plans to install and utilize the collision avoidance system described in Attachment F-3. During the Interim Period if Contractor is able to provide the required collision avoidance systems on vehicles with a gross vehicle weight rating of twenty-six thousand (26,000) pounds or more, Contractor shall do so. Contractor shall provide collision avoidance systems on vehicles as required in this Section on or before January 1, 2027.

On or before February 1, 2027 and on or before February 1 of each year of the Term thereafter, Contractor shall submit to City a certification signed and dated by an authorized corporate officer under penalty of perjury, containing the following and stating that the information provided is true and correct and contains no false or misleading statements or information as of the date on the certification:
i. List of all Collection vehicles Contractor uses in City that exceed twenty-six thousand pounds (26,000) gross vehicle weight.
ii. Collision Avoidance System installed on each vehicle listed in (ii) above including name of system, manufacturer, date installed, name of Person who installed the system, name of Person(s) who tested the system to ensure proper installation and operation of system.
iii. Capabilities of the installed Collision Avoidance System for each vehicle.

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iv. Changes or upgrades to the installed Collision Avoidance System and/or any partial or complete replacement of the installed Collision Avoidance System for each vehicle since the last certification was submitted.

8.03.H Other Required Vehicle Technological Capabilities. All vehicles operated by Contractor in the City to Collect MSW, Recyclable Materials SourceSeparated Food Scraps, Source-Separated Yard Trimmings and Co-collected Food Scraps/Yard Trimmings [if BYS trucks are selected by City for use by the selected proposer, an appropriate exception will be inserted here] shall be equipped with a system that provides surveillance, monitoring, auditing, recording and tracking including video and still photo equipment; GPS system; i-pads (or tablet equivalent); ability to track serial numbers using bar code scanners, QR codes or similar technology; backup cameras; and communication devices. Collection vehicles in service in the City shall be equipped with 1) on-board modules for operational Customer relationship management (“CRM”) functionality; 2) truck telematics systems that provide real-time truck data, location, video and monitoring; and 3) communications systems for contact with dispatch, the Route Supervisor, and other Persons as needed.

The on-board operational CRM module shall be available to the driver via in-cab functionality. The operational CRM system shall capture driver, route and service confirmation in real-time, which can be accessed remotely by customer service and dispatch groups. The on-board operation CRM system shall allow drivers to view and scroll through route listings, confirm service completions, note service exceptions (i.e.

Contamination, non-containerization, blocked Cart or Bin access, non-set out, etc.), and PAGE 411 of 1808
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receive additional dispatched work in real-time. The on-board operational CRM system shall be accessible to the driver via electronic communication that can be instantly transmitted to customer service and/or dispatch, who also use the operational CRM platform. The operational CRM system shall also be able to compute route statistics in real time, such as route productivity, work orders, billing, and follow-up. The tablets hosting the on-board operational CRM system shall also be dismountable by the driver for mobility purposes which will allow the driver to use the tablet as a digital camera to photo-document service exceptions, link the exception to the Customer’s account, and report serious operational issues to the City in real-time. The operational CRM system shall allow the Contractor to note overloaded Carts and Bins, blocked access, noncontainerization, and contamination events and document them on the Customer’s account. The operational CRM system shall also generate template notification alerts regarding service exceptions to the Customer, the City, the Route Supervisor, and Recycling Coordinator (when applicable). These template notifications shall be emailed directly to the Customer.

The on-board vehicle telemetric system shall be connected to a network using wireless data and shall also be connected to each collection vehicle’s on-board computer.

The on-board vehicle telemetric system shall include the GPS, video surveillance, driver behavior, hours of service, and maintenance integration described herein, to provide increased safety, service, and efficiency to vehicle operations. The on-board vehicle telemetric system shall also allow the Contractor to monitor driver behavior, such as speeding, hard braking, hard acceleration, and area violations. The Route Supervisor and other responsible parties shall receive notifications when such events occur so they may PAGE 412 of 1808
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be addressed with the driver. The video capture component of the on-board DVIR system shall be able to be viewed in real-time or stored as a means to review past safety or service events. Video capture shall include in-cab, front, rear and side-views. Contractor shall provide said video footage to City within five (5) business days of request; except in the event of a crash, injury, fatality or other incident, Contractor shall provide said video footage immediately to the City and to law enforcement in the timeframe requested by law enforcement representatives and/or agencies. Contractor’s failure to provide video footage within the required timeframes will result in the assessment of liquidated damages described in Section 15.09. Contractor’s failure to provide proof of vehicles with the above-described technological capabilities will result in the assessment of the liquidated damages described in Section 15.09.

8.03.I Operation. Vehicles shall be operated in compliance with the California Vehicle Code and all applicable safety regulations and local ordinances. Vehicles shall be operated only by employees of Contractor who are appropriately licensed by the California Department of Motor Vehicles for the class of vehicle they drive. All drivers employed by Contractor and operating vehicles in the City shall be enrolled in the Department of Motor Vehicles Employee Pull Notice (“EPN”) program and shall abide by all State and federal regulations for driver hours and alcohol and controlled substance testing. Contractor shall not load vehicles in excess of the manufacturer’s recommendations or limitations imposed by state or local weight restrictions on vehicles including, but not limited to, legal axle load weight limits. Contractor is solely responsible for paying any fines imposed by the California Highway Patrol, or other regulatory agencies, for violation of these or any other requirements.

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8.04 MSW, Recyclable Materials and Food Scrap/Yard Trimmings Containers.

8.04.A General. Contractor shall provide Containers to Customers as described in this Section and in Sections 1 and 2 of Attachment B.

8.04.A.1 Use of Interim Containers. During the Interim Period (June 1, 2025 through December 31, 2026) Contractor shall provide to Customers Interim Containers for storage of MSW, Recyclable Materials and Co-collected Food Scraps/Yard Trimmings. Due to the lack of any lead time prior to the commencement of Collection operations on June 1, 2025, Contractor may use any type(s) of Container(s) that Contractor has available or can rapidly obtain. The colors and labeling do not have to match nor do the colors and labeling have to be SB 1383 compliant. If necessary, the Containers may have markings or labeling from another City. Contractor is aware that, as of the Effective date, Customers may own some or all of their own Containers. The Interim Containers to be provided by Contractor are listed in Attachment E-3.

8.04.A.2 Distribution of New Containers. Effective January 1, 2027 (end of the Interim Period), Contractor shall have completed distribution of the new Containers listed in Attachment E-2 and Contractor shall have put in place a 3- Container system (MSW, Recyclable Materials and Food Scraps/Yard Trimmings) at all Customers in the City. All new Containers shall comply with the requirements in Attachment E-1 (Cart Specifications) and in Attachment B.

All such Containers shall be new and unused as of January 1, 2027. The type, size and number of containers shall be sufficient to contain, with the lid closed, all MSW, Recyclable Materials, Source-Separated Yard Trimmings, Source-Separated Food PAGE 414 of 1808
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Scraps and Co-collected Food Scraps/Yard Trimmings generated between collections.

Roll Off Boxes need not have lids but shall not be filled above the top of the container.

Contractor shall tarp all Roll Off Boxes prior to transporting them, if said Boxes contain any material(s) that may blow out of the Box or if required by the Disposal or Processing Facility where the Box will be unloaded.

8.04.B Container Ownership. Contractor shall own all of the Carts provided to Customers. If requested by City at the end of the Term, Contractor shall remove all Carts from the City at a timing mutually agreed upon with City.

8.04.C Failure to Distribute New Containers to All Customers. In the event Contractor fails to distribute the Containers to Customers according to the required schedule, the liquidated damages in Section 15.09 shall apply.

8.04.D Repair, Replacement, and Exchange. Contractor shall repair or replace any Container that is damaged, broken, lost or stolen. Contractor shall also repair or replace all Containers that do not meet the City-required specifications set forth in Attachment B and Attachment E. Contractor shall repair Customer-provided Compactors (small or large) if Contractor is able to do so. Contractor shall charge the rates in Attachment D for this service for non-Contractor-owned Compactors.

Upon request from a Customer, Contractor shall exchange a Container that is in Customer’s possession and not damaged, broken, lost or stolen for a new Container within fourteen (14) calendar days of request.

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Contractor shall not be required to replace a non-repairable Compactor not owned or leased by it to a Customer.

Upon request from a Residential Customer with Individual Cart Service, Contractor shall clean the Cart (or provide a clean Cart of the same size and color) for the rate in Attachment D.

8.04.E Cleaning, Painting and Maintenance of Contractor-Furnished Containers. Contractor shall maintain all Contractor-furnished Containers in a functional condition and so as to present an attractive appearance. All Contractor-furnished Bins shall be permanently labeled on the front (in a contrasting color so as to present an attractive appearance) with the size of the Bin (e.g. “3 Yard”). Such Containers shall be painted and repainted as requested by City, or Contractor shall replace any Container with a new or re-conditioned Container, of like-size, as directed by City. Contractorfurnished Containers that have been painted or marked with graffiti shall be repainted or removed from the Premises by Contractor within forty-eight (48) hours of notification by the Customer or City. At the same time as such Containers are removed, they shall be replaced by like-sized Containers furnished by Contractor without evidence of graffiti. (Merely painting over graffiti is not acceptable; any Container marked with graffiti shall be repainted by Contractor prior to being re-delivered for use in City.) Contractor shall clean and maintain all Contractor-furnished Containers in a safe and sanitary condition and PAGE 416 of 1808
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whenever the City, or another agency with jurisdiction, determines that cleaning is required to abate a health concern or nuisance condition.

8.04.F Periodic Container Audit. Contractor shall conduct an audit of all Bins, Carts, and Roll Off Boxes at all Estates, Commercial and Business Establishments and at all Multi-Family complexes with centralized Bin or Bin/Cart Collection service, to assess their physical appearance, need for maintenance and repair, and overall functionality every three years during the Term. The first audit shall be conducted in April 2029.

Contractor shall perform any of the following as needed to ensure all Containers meet the requirements of Sections 8.04.D and 8.04.E: wash, steam clean, paint and/or repair the Container. Contractor shall provide a report to City on or before July 15 of each year the audit is performed, beginning July 15, 2029, listing the type, size and location of each Container that was washed, steam cleaned, painted, repaired and/or replaced. At all times during the Term, Contractor shall comply with the requirements in Sections 8.04.D and 8.04.E. Contractor shall conduct a second Container audit in April 2032.

8.05 Personnel.

8.05.A General. Contractor shall furnish such competent and qualified drivers, laborers, mechanical, supervisory, clerical, managerial, customer service and other personnel as may be necessary to provide the services required by this Agreement in a safe, efficient, reliable and courteous manner. The minimum complement of employees which Contractor shall provide for the scope of work described in this Agreement shall be as set forth in Attachment G. Contractor shall provide fully qualified and experienced PAGE 417 of 1808
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management personnel as named in Attachment G and shall not substitute those indicated by a star (*) on Attachment G without the prior written consent of City. [

8.05.B Driver Qualifications. All drivers shall be trained and qualified in the operation of MSW, Recyclable Materials, Food Scrap/Yard Trimmings and Roll Off Box Collection vehicles, including front loader, rear loader, side loader, Residential BYS Vehicles and single-pass vehicles [List of vehicle types to be modified to reflect the vehicles proposed by the selected proposer] and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. Each driver shall carry his/her license during work hours.

8.05.C Uniforms. Contractor shall require its drivers, and all other employees who come into contact with the public in the City during working hours, to wear standardized uniforms bearing the Contractor’s name, and to carry an identification badge or other means of identifying the employee. Such uniforms shall present a freshly cleaned appearance. Employees shall be instructed to present employment identification cards to City staff, customers, security guards and law enforcement officers upon request, during work hours.

8.05.D Written Operating Procedures. Contractor shall establish, implement and maintain written operating procedures designed to ensure Contractor’s utilization of techniques generally accepted in the solid waste and recycling industry including but not limited to, procedures for handling and disposal of Hazardous Waste and hazardous substances and procedures for Contractor’s compliance with all the provisions of this Article 8.

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8.05.E Safety Training. Contractor shall provide suitable operational and safety training for all of its employees who utilize or operate vehicles or equipment for Collection or processing of MSW, Recyclable Materials, Source-Separated Food Scraps, SourceSeparated Yard Trimmings, Co-collected Food Scraps/Yard Trimmings, Construction and Demolition Debris, and/or who are otherwise directly involved in such Collection or processing. Such training shall include, but not be limited to, the following: (i) safety training for drivers regarding pedestrian safety and driving where other vehicles are present; (ii) special safety protocols to be implemented when driving past or near any school and in any area where children may be present on their way to or from any school; (iii) step-by-step handling of Hazardous Waste found in or on trucks, Containers, streets, alleys or any other location including training on specific contact names and direct dial telephone numbers to contact immediately in the event of a Hazardous Waste incident or spill including but not limited to the City Public Works Department, City Fire Department and the County of Los Angeles; (iv) handling of on-board fires in vehicles and fires in all types of Containers; (v) proper protocols for handling leaks or spills of any fluid or liquid, any MSW, Food Scraps/Yard Trimmings and/or Recyclable Materials on or leading to any street, alley or parking lot and into any area where there is a likelihood of the spill entering any waterway or pipe, channel or drain that leads to any waterway including storm drains, sewers, the bay, the ocean, creeks, tidal estuaries, wetlands, channels, or any other waterway or water source including names and direct dial telephone numbers to be immediately contacted at the City Public Works Department, City Fire Department, County of Los Angeles, and other responsible agencies in the event of such a spill; (vi) training on the dangers of impaired driving due to alcohol, drugs, lack of sleep, fatigue PAGE 419 of 1808
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and/or other factors; (vii) training on the dangers of distracted driving and protocols prohibiting the use of texting, telephone and other on-board electronic devices while the vehicle is in motion.

8.05.F No Gratuities. Contractor shall not permit any officer, agent or employee to demand or solicit, directly or indirectly, or to accept, either directly or indirectly, any additional compensation or gratuity from members of the public, any City representative or employee, or any other Person or entity for the Collection of MSW, Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings, Cocollected, Food Scraps/Yard Trimmings, Construction and Demolition Debris or any other material under this Agreement.

8.05.G Employee Conduct and Courtesy. Contractor shall use its best efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in Customer courtesy shall prohibit the use of loud or profane language and shall instruct Collection crews to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing services in the manner required by this Agreement, Contractor shall take all necessary corrective measures, including, but not limited to assigning a different employee to perform the work in the City.

8.05.H Provision of Recycling Coordinator. Contractor shall provide a Recycling Coordinator assigned fifty-percent (0.5 FTE) which time shall be dedicated solely to the City of San Marino to implement Diversion programs and to carry out related PAGE 420 of 1808
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duties in the City. (“The Coordinator”) The minimum duties, work tasks, and requirements for the Recycling Coordinator shall be as described in Attachment AA.

8.05.H.1 Recycling Coordinator Experience, Background and Training. The Coordinator shall have a minimum of two (2) years of experience in the design, implementation and operation of Recycling, Composting and Diversion Programs, interaction with the public, and detailed knowledge of the requirements of the Act. The Coordinator shall have special expertise in SB 1383 requirements including, but not limited to, the required Diversion programs, Contamination minimization, CalRecycle regulations and reporting requirements and public outreach and communication. This shall not be an entry-level position.

Contractor shall provide 1.0 FTE Recycling Coordinator that is fully trained and experienced as described herein on or before October 1, 2025. At City request, Contractor shall designate a different Coordinator if a Coordinator does not meet the requirements enumerated herein or does not perform all the duties listed in Attachment AA in the manner described therein. City reserves the right to prioritize the tasks to be completed as needed throughout the Term of this Agreement and Contractor shall redirect the work efforts of the Coordinator accordingly.

8.05.H.2 Deadline for Providing Recycling Coordinator. If Contractor fails to provide the 1.0 FTE Recycling Coordinator on or before October 1, 2025 the liquidated damages in Section 15.09 shall apply.

8.05.I Provision of City’s Day-to-Day City Contact Person. In addition to (i) the Recycling Coordinator; (ii) Contractor’s representative designated pursuant to Section PAGE 421 of 1808
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16.07 B, and (iii) the customer service representatives of Contractor, Contractor shall also designate an employee to be the City’s Day-to-Day Contact Person to resolve difficult and/or chronic Customer complaints, persistent, repeated and/or complex Customer billing and payment issues, and other Customer service or City issues that are not being resolved by Contractor’s customer service representatives or the Recycling Coordinator in a timely manner. The Day-to-day Contact Person shall work and communicate directly with the City’s designated staff person(s) to resolve issues as needed by the City. The Day-to-Day Contact Person shall support and assist Contractor’s Recycling Coordinator in the performance of their duties; personally make site visits and/or telephone calls to Residents of Single Family Dwellings, and to managers, owners and Authorized Customer Representatives of Estates, Commercial and Business Establishments, and Multi-Family complexes and dwelling units that have recurring Contamination in any streams (MSW, Recyclable Materials Source-Separated Food Scraps, Source-Separated Yard Trimmings and/or Co-collected Food Scraps/Yard Trimmings) and/or Overfull Containers or Uncontainerized MSW or Divertible Materials; educate Residents and businesses about City ordinance requirements and options for source reduction, additional Carts, additional Bins, Split Bins, locking bins and other service options; personally conduct site visits and/or make telephone calls to Single Family Dwelling Residents with repeated service issues to troubleshoot and resolve; coordinate with Contractor’s operations, dispatch staff, customer service staff, Recycling Coordinator, executive management and other departments to resolve Customer issues.

The Day-to-Day Contact Person shall dedicate the amount of time required such that all service disputes and issues are addressed in one (1) business day.

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Contractor’s designated Day-to-Day Contact Person shall make all reasonable efforts to return calls from the City (that are received during normal working hours, except in case of emergency) within four (4) business hours of receipt of the call and in no event later than one (1) business day after receipt of the call.

The designated Day-to-Day Contact Person identified in Attachment G shall have a minimum of three (3) years’ experience in Collection operations for MSW, Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings, Co-collected Food Scraps/Yard Trimmings, Construction and Demolition Debris, knowledge about excluding Household Hazardous Waste, Sharps, E-Waste and Universal Waste from Containers and Disposal, and all other material types, dispatch and operational logistics, Customer billing and payments, Processing Facilities, implementation and operation of Recycling, Composting and Diversion Programs, interaction with the public, and detailed knowledge of all the requirements of the Act. This shall not be an entry-level position.

Upon City request, Contractor shall designate a different Day-to-Day Contact Person if the current designee does not meet the requirements enumerated herein and/or if the City is otherwise dissatisfied with the performance of the designated Day-to-Day Contact Person.

8.05.J Initial Hiring. Throughout the Term of the Agreement, Contractor shall hire and train the necessary complement of employees. Contractor shall conduct a background check of each applicant or employee, which will, at a minimum, include a check of his/her driving record through the California Department of Motor Vehicles, record of criminal convictions, and references. All applicants shall be required to take a PAGE 423 of 1808
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standard test for use of illegal drugs and alcohol as a condition of employment. Drivers shall be required to demonstrate proficiency in the English language; at least one person proficient in spoken English shall be on every Collection vehicle when that vehicle is in service. Contractor will furnish City with a copy of its training manual and schedule of training of new employees. City may attend and observe any safety or operational training classes. Nothing in these Sections 8.05.G, H, I and J shall be construed to give City control over the selection or supervision of Contractor’s employees. [The following paragraphs will be included in the contract as required by AB 1669, if the selected Contractor is not the incumbent and if the selected Contractor received a 10% preference in the RFP process.] “Contractor received a ten percent (10%) preference in the Request for Proposals process for agreeing to abide by all of the following requirements regarding the hiring of employees of the former incumbent contractor, Athens Services. Pursuant to California Labor Code Section 1070, Contractor shall request from Athens Services a list of the number of employees who perform(ed) services for the City of San Marino under the City’s prior contract, (as of the Effective Date of this Agreement) including the wage rates, benefits and job classifications of each of those employees, and also whether each employee will continue to be employed by Athens Services upon termination of Athens’ contract with the City.

Contractor shall make an offer of employment to employees that were employed by Athens Services who perform(ed) services for the City of San Marino under the City’s contract with Athens Services (“the prior contract” which includes employees of any Cityapproved subcontractors to Athens Services) who meet the following criteria: (1) the employee will be terminated by Athens Services at the end of the prior contract; (2) the PAGE 424 of 1808
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employee passes Contractor’s tests for controlled substances and alcohol, physical examination, criminal background check and any other tests or requirements required by law as a condition of employment; (3) the employee passes Contractor’s other standard hiring qualifications lawfully required for the position; and (4) the employee possesses any license that is required by law to operate the equipment that the employee will operate as an employee of Contractor.

Contractor shall make a written offer of employment to each employee to be retained stating the time within which the employee must accept that offer (which shall in no event be less than ten (10) days). The offer shall state that the duration of the employment will be at least ninety (90) days. In the event Contractor determines that fewer employees are required to perform the services required by this Agreement than were required under the prior contract, Contractor shall retain qualified employees by seniority within the job classification. In determining those employees that are qualified, Contractor may require an employee to possess any license that is required by law to operate the equipment that the employee will operate as an employee of Contractor.

Contractor shall not be required to pay the same wages or offer the same benefits provided by Athens Services under the prior contract.

Contractor shall not be required to comply with the foregoing in the following circumstances: (a) Contractor would be required to terminate or reassign an existing employee covered by a collective bargaining agreement with Contractor or any of Contractor’s City-approved subcontractors, in order to hire the employee of Athens Services; (b) to the extent the actual number of employees being terminated by Athens Services exceeds the number of employees communicated to proposers during the RFP PAGE 425 of 1808
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process, as providing services pursuant to the prior contract; (c) Contractor chooses to not offer employment to a former Athens Services employee for a reasonable and substantiated cause which is limited to the particular employee’s performance or conduct while working under the prior contract, or the employee’s failure of any controlled substance or alcohol test, physical examination, criminal background check required by law as a condition of employment, or other standard hiring qualification lawfully required by Contractor.

In addition to the foregoing, Contractor may employ or otherwise engage current employees of Athens Services without conducting the background check described in this Section 8.05.J, if City receives a statement, signed by a responsible officer of Athens Services that the employee has worked for that company for at least two consecutive years and has performed satisfactorily. All other elements of this Section 8.05 shall apply to such employees.

Due to the brief period of time between award of the Agreement and the commencement of Collection operations in City, Contractor shall have sixty (60) days in which to conduct background checks, drug and alcohol testing, review licensing and driving records and to conduct all other necessary review of Athens Services employees that worked in the City of San Marino under the prior contract, and whose employment with Athens Services will be terminated at the end of the prior contract, and to make offers of employment to eligible employees of Athens Services as described herein”.

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8.05.K Ongoing Training and Testing. Contractor shall provide regular safety training on an ongoing basis including, but not limited to, the safety training listed in Section 8.05.E and shall conduct random drug and alcohol testing of employees in safety-sensitive positions in compliance with regulations issued by the U.S. Department of Transportation.

8.05.L Use of Workers Not Employed by Contractor. If Contractor engages any independent contractors, it shall ensure that such independent contractors:

1. Comply with the nondiscrimination requirements in Section

17.15; and

2. Maintain Comprehensive General Liability, workers
compensation and Employer’s Liability insurance covering such workers in the amounts required by Section 13.02.A.1 and

13.02.A.2, and with policies meeting the other requirements of Section 13.02.

Contractor is responsible for providing qualified and competent staffing to ensure the adequate performance of all requirements in this Agreement, regardless of whether such work is performed by employees or furnished by independent contractors.

Contractor is also responsible for providing sufficient training to all persons performing work so that they can perform the work in a safe and competent manner and are thoroughly familiar with the work that Contractor is required to perform and the standards it is required to meet under this Agreement.

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All drivers, mechanics, supervisory and managerial workers, the Recycling Coordinator and the City’s Day-to-Day Contact Person shall be direct employees of Contractor.

8.05.M Notification to City In Event of Impending Strike, Labor Unrest, Picketing or Similar Action
In the event Contractor becomes aware, by any means, that a labor strike, labor unrest, picketing or any similar action by Contractor’s employees or contractors is planned, being discussed, threatened, or otherwise may occur, Contractor shall notify City within twenty-four (24) hours. Contractor shall include in such notification all information that Contractor has concerning the potential strike or other labor unrest, and shall inform City of the potential types, duration and other pertinent details about potential interruptions in Collection, Processing or other services being provided by Contractor pursuant to this Agreement that may occur. Said notification shall include notification of strikes, labor unrest, or similar actions that may make Processing Facilities being used for City’s materials unavailable whether or not said facilities are owned by Contractor or a third party.

In the event that Collection operations and/or Processing operations may be affected, Contractor shall provide City with Contractor’s plan to address the potential interruption in services to mitigate or eliminate any disruption in the provision of services required by this Agreement. If services are interrupted, Contractor shall take reasonable and legal action to mitigate or eliminate the disruption of service. Contractor shall continue to keep City informed as frequently as there are changes or updates in the situation. Contractor shall meet with City at City’s request, and as frequently as requested PAGE 428 of 1808
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by City. Contractor shall also appear at City Council meeting(s) and/or City Council Committee and/or Subcommittee meetings as requested by City to discuss and address the situation.

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ARTICLE 9: OTHER COLLECTION-RELATED SERVICES

9.01 Billing.

9.01.A Direct Billing of All Customers. As of June 1, 2025 Contractor shall: (i) bill all Customers for Collection of MSW, Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings, Co-collected Food Scraps/Yard Trimmings, Construction and Demolition Debris and all other materials according to the rates listed in Attachment D (and in Attachment D-1 for the period June 1, 2025 through September 30, 2025), as adjusted per the terms of this Agreement; (ii) maintain accurate billing and payment records; and (iii) bill Customers on a monthly, bimonthly or quarterly schedule as approved by City. Customers’ bills shall be itemized showing the charges for each classification of services. Customer billing shall be performed pursuant to the requirements contained in Attachment B, Section 1 and an annual Billing Audit shall be performed as described in Section 1 of Attachment B.

During the first ninety (90) days of the Interim Period Contractor, if Contractor identifies any Customers that pre-paid the previous hauler for services beyond May 30, 2025. Contractor shall provide City with any information obtained concerning such Customers and the amount(s) each had pre-paid for services not rendered by the previous hauler. Contractor shall not be responsible for reimbursing Customers for any such pre-payments, but shall cooperate with City’s efforts to obtain reimbursement for Customers from the previous hauler.

9.01.B City Inserts. City may direct Contractor to produce and insert mailers with billings relating to City-sponsored events, integrated waste management activities, PAGE 430 of 1808
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Diversion programs and other environmental programs, at least six (6) times per year. If a postage increase is incurred for the City insert, the City will be responsible for paying said increase. For Customers who are billed by Contractor electronically, such inserts shall be produced electronically by Contractor and included with the electronic billings.

9.01.C Delinquent Accounts. Contractor shall be responsible for collecting delinquent charges for services it renders to Customers. Contractor shall 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.

9.02 Billing Records. Contractor shall keep records of all billing documents and Customer account records including, but not limited to, invoices, Customer payment coupons mailed with the invoice, collection notices, records of online payments, credit card payments and all other billing and payment documents for the entire Term of the Agreement, and for a period of two (2) years following the termination of the Agreement.

Contractor may, at its option, maintain those records in electronic form, hard copy, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification by City or City’s agents in a timely manner.

9.03 City Access to Billing Information. Contractor shall provide City with prompt access to all current and up-to-date billing information necessary to allow the City to respond to Customer inquiries or complaints or as otherwise required by City. At request of City, Contractor shall provide “read only” electronic access to Contractor’s Customer billing records such that City employees can research billing inquiries and Customer PAGE 431 of 1808
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account history from city hall. Contractor shall cooperate with City to establish this “read only” function and shall ensure that City has access to Customer billing information in “real time.” In the event City requests such access, Contractor shall bear all costs for any hardware and software to be located at Contractor’s office(s) in order to establish access to Contractor’s computer and server equipment, and City shall bear all costs of the hardware and software required at city hall to connect access to Contractor’s computer system. If specialized technical computer consulting assistance is required beyond that of City staff and Contractor’s staff, Contractor shall pay for the required assistance.

9.04 Public/Customer Service and Accessibility.

9.04.A Office Hours and Location. Contractor shall maintain an office located either in the City or within a twenty-five (25) mile radius of the City limits. The office will be available for customers to pay bills, subscribe to service, change service, stop service and otherwise contact Contractor. Contractor’s office shall be open to the public from 8 a.m. to 5 p.m. Monday through Friday. The office may be closed on Saturdays, Sundays and holidays as defined in this Agreement.

9.04.B Availability of Representative. A representative of the Contractor possessing detailed knowledge about all the services provided in the City and the rates listed in Attachment D for all such services, shall be available during office hours to communicate with the City and members of the public in person, by telephone and by electronic mail and to assist Customers making payments in person.

9.04.C Telephone. Contractor shall maintain telephone lines in operation at its office(s) during office hours. Contractor shall provide a telephone number specific to only PAGE 432 of 1808
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San Marino Customers in the 626 area code. This telephone number shall be listed in all correspondence, outreach materials of all types, billing invoices, billing notifications, billing statements, digital communications of all types, advertisements and any/all communications in relation to City and its Customers. Contractor shall ensure that telephone calls to it from locations within the City are billed as “local calls” by all telephone companies including mobile carriers.

9.04.C.1 . Telephone System. Contractor shall, at all times, provide a telephone system, staffed by adequate personnel, including customer service representatives, and with toll-free telephone line capacity, to ensure that a minimum of ninety percent (90%) of all incoming calls shall be answered by a receptionist, operator or customer service representative, in person and not by machine or other automated method, before the fourth (4th) ring. Ninety percent (90%) of all callers for service shall not be required to wait on hold more than sixty (60) seconds before being connected with a customer service representative and callers will receive a telephone busy signal less than three percent (3%) of the time on average. In order to adequately and objectively document Contractor’s performance and provide for the convenience of Customers, Contractor shall require that the telephone system provided and maintained, whether leased or owned, is capable of: measuring the time a caller is waiting on hold before being connected with a customer service representative (after the call has been initially answered); measuring the total number of incoming callers, callers answered and callers receiving a busy signal; specifying the day of week and time of day call distribution, and similar information. Failure by Contractor to achieve the required PAGE 433 of 1808
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average hold times and other metrics in this Section 9.04.C.1 shall result in the assessment of liquidated damages listed in Section 15.09.

The telephone system provided by Contractor shall comply with all federal, State or local laws or regulations related to accessibility or ability for members of the public to communicate with that system and with Contractor. Contractor shall also maintain a toll-free emergency telephone number answered locally by a live Person for Customer use during other than normal business hours. Contractor shall have a representative, or an answering service to contact such representative, available at the Customer emergency telephone number during hours when the office is closed. Contractor shall arrange for both the regular and emergency numbers to be listed in all telephone directories generally distributed in the City and on all Contractor’s bills and schedules of services or rates.

9.04.C.2 . Emergency Contact Person For First Responders. Contractor shall provide a designated emergency contact Person available twenty four (24) hours a day, seven (7) days per week, for contact by the City’s police, fire and emergency preparedness teams and other emergency personnel. Contractor’s designated emergency contact for first responders shall be a management level employee with the authority to mobilize Contractor’s equipment and employees immediately in the event of an emergency. Contractor’s designated emergency contact Person shall be available by cellular telephone and/or pager at all times. Contractor shall provide City with the name and contact information for the designated emergency contact Person on or before July 1, 2025. During times the designated emergency contact Person is on vacation, sick or otherwise unavailable, Contractor shall notify City of the name and PAGE 434 of 1808
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contact information for an alternate emergency contact Person who meets all the requirements in this section. The contact information for the emergency contact person for first responders will not be released to the general public.

9.04.D Correspondence. Contractor shall respond to all written correspondence including all faxes and e-mail or other electronic correspondence from City or Customers within two (2) business days. The correspondence shall include a meaningful, specific answer to the Customer’s complaint, request, and/or problem and shall not be a nonspecific “form” response, a “robo” call or response or an automatically-generated communication indicating Contractor will respond at a future date. In the event the research or development of a response or solution to the Customer’s problem, complaint or request takes longer than two (2) business days, Contractor’s correspondence shall indicate the specific steps Contractor is taking to research and resolve the Customer’s specific issue(s) and the date the Customer can expect an answer. Such date shall be within five (5) business days.

9.04.E Electronic and Non-Electronic Payment of Bills. Contractor shall provide electronic access to Customers for the following functions: (i) Signing up for service, (ii) Changes to service, (iii) Discontinuation of service, and (iv) Payment of Bills.

Contractor shall accept major credit cards and direct debit service for payment of bills.

Contractor shall also provide the options for payment by mail-in check and in-person payment by cash, credit or debit card for all services.

9.04.F Maps, Schedules, Consumer Information. Contractor shall furnish the City with maps and schedules for all Collection routes pursuant to the schedule and requirements in Section 1 of Attachment B, and shall update such maps and schedules PAGE 435 of 1808
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whenever a change occurs. Contractor shall have current maps and schedules available for inspection by the public at its business office. Contractor shall submit a new revised set of maps and schedules to City on May 1 of each year of the Term commencing May 1, 2026.

Contractor shall submit drafts of the maps, schedules and brochures to City prior to distribution and will incorporate City’s comments in the final version distributed to the public.

9.04.G Web Site. Contractor shall provide a web site customized for the City. The web site shall include, but not be limited to, descriptions of all of Contractor’s services in the City; the rates listed in Attachment D for all services; notices of special events (such as holiday greenery collection rules and dates); information on acceptable items in MSW, Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings, Co-collected Food Scraps/Yard Trimmings, and Construction and Demolition Debris Containers and what materials constitute Contamination of each material stream; information on starting, stopping, changing service, and vacation stops; information on electronic access as described in Section 9.04.E; information on available Container sizes; FAQ’s with responses; and updates for local special circumstances and events including holiday Collection schedules. Contractor shall maintain the web site in good working order and shall frequently update the web site to ensure it reflects the current rates for all services listed in Attachment D, all available services and upcoming special service events at all times.

9.05 Service Complaints. Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Customer complaints relating to PAGE 436 of 1808
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service and billing. Contractor shall record in a separate log, the format of which is approved by the City, all complaints, noting the name and address of complainant, date and time of complaint, nature of complaint, and nature and date of resolution. This complaint log shall be available for inspection by City. In addition, Contractor shall compile a summary statistical table of the complaint log (or a copy of the log if requested by City) and submit the table, or copy, to City as part of the monthly reports described in Attachment K.

Contractor shall respond to all complaints from Customers within eight (8) working hours of its receipt of notice of the complaint. In particular, if a complaint involves a failure to collect MSW and/or Food Scraps (including Source-Separated Food Scraps and Cocollected Food Scraps/Yard Trimmings) from a Premises as required by this Agreement, Contractor shall collect the MSW and all Food Scraps in question within such eight (8) working hour period, provided it has been placed for Collection in accordance with the City’s Municipal Code. If the complaint is received after normal working hours, Contractor shall respond to the complaint within eight (8) working hours of the time Contractor’s employees receive the complaint information (i.e. for a complaint left at 7:00 p.m. on a weekday, Contractor’s employees would receive the complaint at 8:00 a.m. the following morning and would resolve the complaint before 4:00 p.m. the same day).

Complaints that are not resolved by the customer service representatives through Contractor’s usual process within five (5) business days shall be referred to Contractor’s City Day-to-Day contact person for concentrated research and resolution. Contractor’s City Day-to-Day contact person shall work with the Customer, Contractor’s operations, dispatch, billing and all other personnel required to resolve the complaint. The City DayPAGE 437 of 1808 -95-
to-Day contact person shall work with the City representative as needed to discuss and identify options to resolve the complaint. Once the complaint is resolved the City Day-toDay contact person shall provide photo evidence of the resolution to the City and shall follow up to make sure the complaint is truly resolved for a period of four (4) weeks. This follow up will include re-contacting the customer to ensure the complaint is resolved and the problem(s) reported have not recurred. Failure by Contractor to achieve the metrics in this Section 9.05 regarding responsiveness to Customers shall result in the assessment of liquidated damages listed in Section 15.09.

9.06 Change in Collection Schedule. Contractor shall obtain written approval from City prior to any change in Collection operations which results in a change in the day on which Collection occurs at Single Family Dwellings and/or Estates. Contractor shall comply with the requirements in Attachment B regarding notice to customers of changes in operations.

9.07 Report of Accumulation of MSW or Unauthorized Dumping. Contractor shall direct its drivers to note: (i) the addresses of any Premises at which they observe that MSW is accumulating and is not being placed for Collection, and (ii) the address, or other location description, at which MSW has been dumped in an apparently unauthorized manner. Contractor shall deliver the address or description to City within two (2) working days of such observation.

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ARTICLE 10: CONTRACTOR SB 1383 PERFORMANCE STANDARDS
In order for City to comply with the Act including SB 1383, (i) Diversion Programs required by the Agreement must be Fully Implemented and maintained throughout the Term, and (ii) Contamination levels must be minimized in all streams of materials Collected by Contractor. In the event the percentage of Diversion Programs that are Fully Implemented and/or the level of Contamination in Collected materials is not attained or maintained by Contractor as required by the Act including SB 1383, such failure would subject the City to enforcement action by CalRecycle and would be considered a breach of this Agreement.

10.01 Performance Standard for Minimization of Contamination Characterizations of each material stream in each Sector (Residential, Commercial and Multi-Family) shall be completed by Contractor according to the schedule and detailed protocols in Attachment N. As noted in Attachment N, the City will use the results of the characterizations to evaluate the average level of Contamination achieved by Contractor during each of the evaluation periods. As described in Attachment N, the initial characterizations conducted during calendar year 2027 shall be used for informational purposes to plan and modify Diversion programs, to target Public Education and to assist Customers with Contamination minimization. Results of the characterizations conducted beginning January 1, 2028 shall be used to evaluate Contractor’s achievement of the Contamination levels required in this Article 10.

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10.01.A Required Contamination Levels to be Achieved

10.01.A.1 Thirty Percent (30%) Contamination Levels to be Achieved During the Period January 1, 2028 Through December 31, 2029
During the period January 1, 2028 through December 31, 2029 Contractor shall achieve thirty percent (30%) or lower Contamination in all Residential and Commercial streams for Recyclable Materials, Source-separated Food Scraps, Co-collected Food Scraps/Yard Trimmings and MSW as follows [Note: Contamination levels are calculated by weight]:
• Residential (Single Family Dwellings and Estates)
o Recyclable Materials Contamination level: 30% or lower o MSW Contamination level: 30% or lower. (Note: The 30% Contamination level includes the combined weight of Recyclable Materials, Yard Trimmings and Food Scraps found in MSW)
o Co-Collected Food Scraps/Yard Trimmings Contamination level: 30% or lower
• Commercial
o Recyclable Materials Contamination level: 30% or lower o MSW Contamination level: 30% or lower. (Note: The 30% Contamination level includes the combined weight of Recyclable Materials, Yard Trimmings and Food Scraps found in MSW)
o Source-separated Food Scraps Contamination level: 30% or lower The above levels of Contamination shall be maintained at or below 30% throughout the entire Term of the Agreement.
• Multi-Family
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o Recyclable Materials Contamination level: 30% or lower o MSW Contamination level: 30% or lower. (Note: The 30% Contamination level includes the combined weight of Recyclable Materials, Yard Trimmings and Food Scraps found in MSW)
o Source-separated Food Scraps Contamination level: 30% or lower o Co-Collected Food Scraps/Yard Trimmings Contamination level: 30% or lower
• Contractor shall achieve the above levels of Contamination at Multi-Family dwellings within one (1) year and nine (9) months of the date the City issues the Certificate of Occupancy for the Multi-Family property. Contractor shall maintain Contamination levels at or below 30% throughout the entire Term of the Agreement.

10.01.A.2 Twenty-Five Percent (25%) Contamination Levels to be Achieved During the Period January 1, 2030 through December 31, 2033 During the period January 1, 2030 through December 31, 2033 Contractor shall achieve twenty-five percent (25%) or lower Contamination levels (calculated by weight) for all Residential and Commercial streams for Recyclable Materials, Source-separated Food Scraps, Co-collected Food Scraps/Yard Trimmings and MSW as follows:
• Residential (Single Family Dwellings and Estates)
o Recyclable Materials Contamination level: 25% or lower PAGE 441 of 1808
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o MSW Contamination level: 25% or lower. (Note: The 25% Contamination level includes the combined weight of Recyclable Materials, Yard Trimmings and Food Scraps found in MSW)
o Co-Collected Food Scraps/Yard Trimmings Contamination level: 25% or lower
• Commercial
o Recyclable Materials Contamination level: 25% or lower o MSW Contamination level: 25% or lower. (Note: The 25% Contamination level includes the combined weight of Recyclable Materials, Yard Trimmings and Food Scraps found in MSW)
o Source-separated Food Scraps Contamination level: 25% or lower o Source Separated Yard Trimmings Contamination level 25% or lower o Co-Collected Food Scraps/Yard Trimmings Contamination level: 30% or lower
• Multi-Family
o Recyclable Materials Contamination level: 25% or lower o MSW Contamination level: 25% or lower. (Note: The 25% Contamination level includes the combined weight of Recyclable Materials, Yard Trimmings and Food Scraps found in MSW)
o Source-separated Food Scraps Contamination level: 25% or lower o Co-Collected Food Scraps/Yard Trimmings Contamination level: 25% or lower
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10.01.B City Evaluation of Contractor’s Attainment of Performance Standards for Contamination Minimization. Beginning with the period of January 1, 2028 through December 31, 2029 and thereafter according to the schedule in Attachment N, City will evaluate Contractor’s performance to determine whether or not the performance standard for Contamination minimization has been met for period being evaluated. In order to make a determination concerning Contractor’s performance City will utilize the results of the characterization studies performed at all Processing Facilities and for the MSW being delivered for Disposal during the timeframe stated in Attachment N. The methodology for the studies is described in Attachment N, Section 1 (“Characterization Protocols for Divertible Materials and MSW”). The City will review the study results for all characterizations performed during the evaluation period for all material streams for all sectors (Residential, Commercial and Multi-Family). The process for calculating Contamination levels achieved using the characterization data is described in Section 2.2.1 of Attachment N (“Assessment of 30% Maximum Levels of Container Contamination”.) and Section 2.2.2 (“Assessment of 25% Maximum Levels of Container Contamination”).

As described in Attachment N, characterization data on the Contamination levels is averaged for the entire evaluation period. Contractor may conduct up to one additional re-characterization for each stream where the Performance Standard for Contamination minimization was not met, using the process described in Attachment N, Section 2.2.1 (“Assessment of 30% Maximum Levels of Container Contamination”) and Section 2.2.2 (“Assessment of 25% Maximum Levels of Container Contamination”).

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In the event Contractor fails to achieve the performance standard(s) for Contamination minimization, the liquidated damages in Section 15.09 shall apply.

10.02 Performance Standard for SB 1383 Program Implementation On or before January 1, 2028 Contractor must have Fully Implemented an SB 1383 Diversion program for ninety-five percent (95%) of the Commercial and Business Establishments and Multi-Family dwelling complexes in City as described in Section 3 of Attachment B. For Multi-Family dwelling complexes this requirement applies beginning nine (9) months after the date the Multi-Family property is issued a Certificate of Occupancy from the City. Contractor shall maintain Fully Implemented Diversion programs at a minimum of 95% of all Commercial and Business Establishments and all Multi-Family properties throughout the entire Term of the Agreement.

Per Attachment B, Contractor may be relieved of the requirement to Fully Implement an SB 1383 diversion program at a Commercial and Business Establishment or a MultiFamily Dwelling complex if, after taking the steps outlined in Attachment B, Section 3.7, the Customer still refuses to implement the SB 1383-mandated program. These accounts shall be referred to the City for enforcement action. Similarly, the Contractor may refer non-compliant accounts to the City that may be eligible for SB 1383 Waivers for de minimis quantities and/or physical space constraints. Customers that are issued either de minimis or physical space constraint SB 1383 Waivers by the City, will be excluded in determining the Contractor’s overall SB 1383 compliance percentage.

10.02.A City Evaluation of Contractor’s Attainment of Program Implementation Standards. During the period January 1, 2028 through March 31, 2028, PAGE 444 of 1808
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and each January 1 through March 31 thereafter, City will evaluate Contractor’s performance to determine whether or not the required level of Diversion program implementation has been achieved. City will review the Red/Green Tracking Spreadsheet and/or CRM System, time and work logs of the Recycling Coordinator, all the Monthly, Quarterly, and Annual Reports listed in Attachment K, submitted by Contractor up to and including the Monthly Report for December 2027. City and/or City’s agents may also conduct site visits at Customers’ Premises to determine whether Contractor has achieved the required Diversion program implementation. The onsite assessment process to evaluate Contractor’s attainment of the program implementation standards is described in Section 3.1 of Attachment N (“Assessment of Percentage of SB 1383 Diversion Programs Fully Implemented as Required by Section 10.02A”).

On or before October 1, 2028 the City shall notify the Contractor, in writing, of the percentage of compliant Commercial and Multi-family SB 1383 accounts based on its evaluation. In the notification, the City will identify the number of accounts that were identified as non-compliant. Contractor shall have 45 days from the date on which the City notifies it of the non-compliant Accounts to attempt to implement a SB 1383- compliant program. If, 45-days after the Contractor is notified and the overall SB 1383 compliance rate is still below 95%, the liquidated damages in Section 15.09 of the Agreement shall apply. The City has the right to conduct such SB 1383 compliance assessments at any time.

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ARTICLE 11: RECORD KEEPING, REPORTING AND INSPECTIONS

11.01 General. Contractor recognizes that maintenance of accurate and complete records of its operations and timely submission to City of accurate and complete reports is an essential aspect of the services to be provided by it under this Agreement.

Contractor further acknowledges that information reported by Contractor for compliance with SB 1383 (i) shall become part of the City’s Implementation Record as required by Section 18995.2 of the SB 1383 regulations, and (ii) all data and information required to be included in the Implementation Record shall be placed in the Implementation Record within sixty (60) days of creation of the record or information.

11.02 Record Keeping. Contractor shall maintain accurate records of: (i) personnel; (ii) equipment; (iii) Collection operations; (iv) tonnages of Disposed MSW and Disposal of Residue from the following facilities: Clean MRF, Composting Facility, Anaerobic Digestion Facility [Note: any facility(ies) that do not apply to selected proposer will be removed for the final contract] and Construction and Demolition Debris Processing Facility; (v) Diverted Tons of Recyclable Materials, Source-Separated Yard Trimmings, Source-Separated Food Scraps, Co-collected Food Scraps/Yard Trimmings and Construction and Demolition Debris; (vi) customer service; (vii) billing and payment; (viii) sale of Recyclable Materials, Compost, Construction and Demolition materials, and any and all energy, and all other revenue-generating products created from Processing materials Collected in City; (ix) financial matters; and (x) other matters in such detail and format necessary to compile the reports required by this Agreement, including, but not limited to, all reports listed in Attachments K and N. All records of activities of Contractor PAGE 446 of 1808
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in fulfilling the requirements of this Agreement, including but not limited to the above-listed records, shall be maintained by Contractor for the entire Term of the Agreement and for five (5) years thereafter. Contractor may, at its option, maintain those records in electronic form, hard copy, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification in a timely manner in order to comply with requests from CalRecycle for production of any records in the Implementation Record within ten (10) days of request.

11.03 Reporting. Contractor shall compile and submit to City complete and accurate reports required by this Agreement, including but not limited to the following:

11.03.A Reports Listed in Attachment K. Monthly, quarterly and annual reports of Tonnages, Collection and Diversion operations, and other items.

11.03.B Monthly Recording of Information in the Red/Green Tracking Spreadsheet and in the Online CRM System. The City is planning to use a third-party vendor-licensed software (“Recyclist which is now “Scaleware”, “Zapple” or similar) to provide Customer Relationship Management (“CRM”) software to track Diversion program implementation and to comply with certain CalRecycle SB 1383 reporting requirements. The City anticipates that much of the customer interaction reporting that is required to be included in the Red/Green listing may no longer be needed if and when said software is fully implemented. During the first two (2) years of the Term, Contractor shall utilize the Red/Green Tracking Spreadsheets as described in this Article 11. The City will evaluate potential software during this time. In July 2027 City will meet with Contractor to discuss the results of City’s evaluation of available software. At that time, PAGE 447 of 1808
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City may direct Contractor to track all Customer interactions using both the Red/Green Spreadsheets and the new software CRM system for a one-year period (or as directed by the City). During the timeframe directed by the City, Contractor shall utilize both the Red/Green Excel Spreadsheets and the new software CRM system. Contractor shall report to City on the functionality, ease of use, pros and cons of the new software system.

If and when the City is satisfied that the new software is comparable to the Red/Green Spreadsheet reports and data, a meeting will be held between City and Contractor and, at the sole discretion of the City, either one or both of the reporting systems will be utilized for the next year of the Term. This process will be repeated each year of the Term to determine the reporting system(s) to be utilized for the upcoming calendar year. The parties anticipate that the types, functions and costs of CRM software will continue to evolve over the Term and City may direct Contractor to utilize new, different and/or enhanced CRM reporting system(s) in the future.

City will acquire and own the license for the CRM software and provide access to Contractor. City will inform Contractor at any time it is replacing the initially selected software system with another CRM system and coordinate with Contractor to switch to the new CRM system. The decision of which software system to be utilized shall be at the sole discretion of the City and the decision of the City shall be final.

11.03.B.1 Information to Be Recorded in the Red/Green Tracking Spreadsheet/CRM System. Contractor shall create, maintain and update the Red/Green Tracking Spreadsheet and/or the CRM System (as directed by City pursuant to Section 11.03.B) as described in Attachment K at least monthly during the Term and more frequently as needed. The purpose of the Red/Green Tracking Spreadsheet and/or PAGE 448 of 1808
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CRM System is to document all contacts made with Customers concerning implementation of Diversion programs, and Contractor’s completion of the program implementation tasks listed in Section 3.7 of Attachment B. Each Diversion program that is fully implemented and operating at a Customer’s premises shall be coded in green on the spreadsheet and marked on the CRM System. Each Customer premises that does not have each specific required Diversion Program for the materials being Generated (Collection of Recyclable Materials, Co-collected Food Scraps/Yard Trimmings, SourceSeparated Food Scraps, Source Separated Yard Trimmings and any other required program(s)) fully implemented and operating as required by this Agreement, shall be color-coded in red. Contractor shall make detailed notes in the Red/Green Tracking Spreadsheet and/or CRM System about all Customer contacts (telephone, mail, e-mail, on-site meetings, observations and inspections) and all pertinent information on issues, problems, troubleshooting and solutions concerning program implementation at each Customer’s location(s).

The description of the Red/Green Tracking Spreadsheet in Attachment K is the template and format that Contractor shall use to create the electronic version of the Red/Green Tracking Spreadsheet. On or before January 1, 2026 Contractor shall create a complete and up-to-date version of the electronic Red/Green Tracking Spreadsheet that lists all Commercial and Business Establishments in the City. Residential accounts and neighborhoods shall also be input into the spreadsheet/CRM system. Additionally, all Customer data shall be uploaded to the CRM System on or before January 1, 2026 or within seventy-five (75) days of the City providing the City-selected CRM system, whichever occurs last. When MultiFamily dwellings are constructed and occupied in City, PAGE 449 of 1808
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those Customers shall be added to the Red/Green Tracking Spreadsheet and/or CRM system. The status of each entry’s program implementation in the spreadsheet shall be indicated and shall note actions taken and any next steps required for implementation and/or continuation of program operation. All tenants of Commercial and Business Establishments shall be identified and included in the listing as individual line items. For example, a strip mall or plaza may be shown as the Master Account and individual tenants located in the strip mall or plaza would be listed in separate rows. The program implementation status for each of the tenants shall be shown in the spreadsheet on its individual line. Over time, new businesses will open, and existing businesses will close or may change locations. As this occurs, Contractor shall notify City of changes made to the Red/Green Tracking Spreadsheet and/or CRM System by noting thereon, the change in location, business, owner/manager, and new contact information. Contractor shall not delete any Customer or business from the Red/Green Tracking Spreadsheet and/or CRM System without written approval by City. Contractor shall add new businesses that open within City and shall note such new additions to the spreadsheet/CRM system to City in the monthly meetings and shall note the month and year the new business opened, on the spreadsheet and/or CRM System.

11.03.C Reports Listed in Attachment N. Contractor shall report results of Characterization Studies of all Processing Facilities as required by Attachment N by the dates listed in Attachment N.

11.04 Inspection by City. The City (and/or City’s agents) shall have the right, but not the obligation, to observe and inspect all of the Contractor’s operations involved in providing services under this Agreement to determine whether Contractor is performing PAGE 450 of 1808
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in accordance with this Agreement and Applicable Laws. Contractor shall cooperate fully with such inspections, including inspections and observations of operations at all Processing Facilities, and where necessary, obtain such permissions and right of entry for inspection on behalf of City for facilities used by, but not owned by, the Contractor. In connection therewith, the City shall have the right to enter any of Contractor’s facilities and Processing Facilities owned or operated by third parties at which Contractor has contracted to process materials Collected in City, observe operations as desired by City, photograph operations and record by both written and electronic media such observations measurements and quality of Recovered and/or processed materials. Access shall be scheduled during normal business hours, however, in the case of observation and/or participation in waste characterizations, City shall have access to observe all steps of the protocols and techniques used in the sampling process. Such protocols and techniques include, but are not limited to, selection of routes, selection of materials from trucks utilizing an X and Y axis as described in Attachment N, actual sampling, weighing of samples and recording of data utilizing data sheets as described in Attachment N.

Contractor shall accommodate early morning and late evening access to coincide with the characterizations, including sampling and all techniques and protocols associated therewith. City access shall be granted even during high traffic and high-volume times of the day at the facility. Appropriate safety precautions and procedures shall be employed.

The City shall have the right to speak with any of Contractor’s employees, where it is necessary to obtain clarification or pertinent detail that can best be provided by the employee(s), and to receive a response to any inquiries directed to such employees; and review and make copies (at City’s expense) of any and all Contractor’s operational and PAGE 451 of 1808
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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. City’s access to, and observation of activities and operations at each Processing Facility shall not be restricted or impaired in any way by Contractor.

City may periodically investigate Contractor’s financial status to determine Contractor’s financial capacity to continue to perform in accordance with this Agreement.

Such investigations will be done at the sole expense of City, using such City employees or independent agents as City deems appropriate. Contractor shall cooperate during such investigations and shall make available for inspection such records as the City, or its agents or authorized personnel, may request.

Contractor shall maintain a complete roster of employees and independent contractors providing service under this Agreement. The roster shall contain the name, job classification and such other information as City may require. The City may inspect the roster, and make a copy thereof at its expense, at any time during business hours.

City shall have the right to observe Containers of MSW, Recyclable Materials, SourceSeparated Food Scraps, Source-Separated Yard Trimmings, Co-collected Food Scraps/Yard Trimmings, Construction and Demolition Debris and all other materials for the purpose of conducting Container minimization observations as needed during the Term.

11.05 Compliance Reporting. Contractor shall submit monthly, quarterly and annual reports to the City documenting the disposition of MSW, Recyclable Materials, Yard Trimmings, Food Scraps, Compost, and Residue from all Processing Facilities and shall format such reports so that they may be used by the City for City’s compliance with the PAGE 452 of 1808
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reporting requirements of the Act, SB 1383 and all Applicable Laws, including any other subsequently enacted federal, state or local laws, rules, or regulations governing integrated waste management. Contractor shall also comply with all requirements of AB 901 (PRC Sections 41821.5-41821.8) as it may be amended, and all regulations promulgated thereto, regarding reporting Tons to CalRecycle, the City and other agencies. The aggregation of tonnages permitted by AB 901 shall not alter any of Contractor’s reporting requirements in this Agreement. The confidentiality provisions of AB 901 shall not apply to any of Contractor’s reports submitted pursuant to this Agreement. All Contractor’s reports are subject to audit by City, or by a third-party designated by City. The accuracy of all required reports to be submitted by Contractor are of paramount importance to City. Such reports show how Contractor is tracking and allocating diverted Tons, Disposed Tons, Residue Tons and Tons delivered to, and marketed from, Processing Facilities. The number of Tons diverted and Disposed directly impacts both the City’s Diversion rate as calculated by the Act, and SB 1383, the City’s costs of Diversion, and of compliance with the Act and SB 1383. Therefore, City may take all necessary steps and actions to audit, analyze and review any tonnage discrepancies or any other discrepancies, in Contractor’s calculations, allocations, tonnage tracking and submitted documentation and records.

11.05.A Reporting of Estate, Multi-Family and Commercial Tons Separately.

Contractor shall report all Tons collected at Estates, Multi-Family Dwelling Premises and Commercial Businesses separately by weight. This includes but is not limited to, Tons of MSW, Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings, Co-collected Food Scraps/Yard Trimmings, and Construction and Demolition PAGE 453 of 1808
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Debris. Contractor shall accomplish the separate tracking and reporting of Estate, MultiFamily Dwelling and Commercial Tons from Bins by recording the weight and the method used to determine the weight, type of Customer for each Bin lift (Estate, Multi-Family Dwelling or Commercial), Customer account and report the Tons for each Customer type daily for each route.

For Cart Collection service at Estates, Multi-Family dwellings and Commercial Business Premises, Contractor shall record the origin of each lift (Estate, Commercial or Multi-Family) and allocate the Tons Collected from each sector. Contractor shall report the allocation method used for allocating Tons Collected from Carts in each sector.

The City will review the allocation methods and calculations submitted by Contractor for Bins and Carts lifts, and if the methods are not satisfactory to the City, City may direct that Contractor utilize a different tracking and allocation method.

11.05.B Material Discrepancy in Data Reported.

In the event that City discovers any material discrepancy in Contractor’s reported Diversion, Disposal, Tonnages, or any reported data required by this Agreement, City will notify Contractor and Contractor shall have fourteen (14) calendar days to explain or otherwise resolve the discrepancy or discrepancies to the satisfaction of City. If there remains any doubt or question about the accuracy of Contractor’s calculations, allocations, documentation or disposition of Tons of MSW, Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris, Compost, or any other PAGE 454 of 1808
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materials, City may undertake a detailed examination of all information, documentation, calculations and other data.

Contractor shall reimburse City’s actual costs up to seventy-five thousand dollars ($75,000) in each calendar year for such analysis, research, and review. Contractor shall cooperate fully with City’s efforts and shall provide in a timely manner all additional Cityrequested documentation, information, and records (both electronic and hard copy) and shall provide access to all City (and/or City’s agents) requested documents and records both of Contractor and of the Processing Facilities used to process Tons Collected in City.

City will invoice Contractor for the actual cost of the additional tonnage and allocation review and Contractor shall pay the invoice within thirty (30) days of receipt. In the event that Contractor fails to pay City’s invoice within thirty (30) days of receipt, interest shall accrue at the Prime Rate (as published in the Wall Street Journal as of the due date for payment of the invoice) plus five percent (5%).

11.06 Annual Route Audit. Contractor shall conduct an annual audit, during the month of April of each year of this Agreement, of all Collection routes for MSW and Recyclable Materials, Food Scraps and Yard Trimmings. The audit shall include, at a minimum: (i) the route number, (ii) identification number of vehicles servicing each route, (iii) number and type of accounts serviced by route and by truck, (iv) number and sizes of Containers collected together with the frequency of Collection by route and by truck, (v) weight of MSW collected, (vi) weights of Single-Material Recyclables, Single Stream Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings and Cocollected Food Scraps/Yard Trimmings by route and by truck, (vii) densities for all routes audited in pounds per cubic yard, and (viii) any pertinent operational details. Results of PAGE 455 of 1808
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the route audit shall be delivered to City in their entirety, including, but not limited to, maps of routes with each route numbered, survey sheets, logs, route lists, forms used to gather information, and other similar documents, within ten (10) working days of completion of the audit, and in no event later than May 20 of each year of the Term. The initial audit shall be performed in September 2027 with the report due by November 20, 2027. Said audit may be undertaken directly by Contractor or on behalf of Contractor by another party, but in either event shall be completed at Contractor’s sole expense.

11.07 Characterization Studies. Contractor shall conduct the following characterization studies as described in Attachment N:

11.07 Characterization Studies. Contractor shall conduct characterization studies of the streams of materials being delivered to each Processing Facility using the protocols and at the frequencies described in Attachment N. The first Processing Facility characterization studies shall be conducted beginning in calendar year 2027 as described in Attachment N. The characterization study reports shall include the items listed in Attachment N and be submitted to City at the frequencies described therein. City shall have the right to have City staff or City’s representatives present during any of the study.

Contractor shall give City a minimum of fifteen (15) calendar days written notice of the date and time Contractor shall conduct each study. The characterization studies and the reports on results shall be performed and prepared at Contractor’s sole expense.

The results of the characterization study shall be put into use the first day of the month following submittal of the report to the City and approval of the report and allocation method by City, and shall be used to report Tons Diverted and Disposed by PAGE 456 of 1808
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each Processing Facility for the City of San Marino in the monthly reports submitted to City pursuant to Attachment K. Such results shall be used to report Tons Diverted and Disposed by each Processing Facility for the City of San Marino until the results of the next characterization study are approved by City. If and when Contractor is required to report to CalRecycle or any other agency, jurisdiction-specific Tons Diverted and Tons of Residue for each Processing Facility used by Contractor to process City’s materials, Contractor shall report using the results of the Processing Facility characterization studies described herein.

11.08 Annual City Review of Contract Characterizations and Results. Each year of the Term, City shall have the right, but not the obligation, to conduct a review of the procedures used to perform all characterization studies described in Section 11.07. If City desires to review the characterization procedures, City will contact Contractor to schedule a meeting or series of meetings to discuss the procedures and results. At City’s sole discretion, Contractor shall change the characterization protocol, timing and frequency as directed by City and shall put such changes into effect with the next characterization.

City’s review of characterization procedures may include review of Contractor and Processing Facility records and on-site visits to Contractor’s facilities and Processing Facilities. City’s (and/or City’s agents) access to, and observation of activities and operations at each Processing Facility shall not be restricted or impaired in any way by Contractor.

11.09 Reporting of Adverse Information. Contractor shall promptly notify City and shall provide the City with three (3) copies (one to the Public Works Director, one to the City Manager and one to the City Attorney) of all claims, complaints, pleadings, demand PAGE 457 of 1808
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letters, Notices of Violation, communications or other written material that sets forth or discusses Contractor’s potential liability with respect to Contractor’s performance of services under this Agreement, or with respect to collection services provided by Contractor in any other jurisdiction during the term of this Agreement. This shall include such documents as may be received from or sent by Contractor to the U.S. Environmental Protection Agency, California Environmental Protection Agency, CalRecycle, the Securities and Exchange Commission, or any other federal, state or local agency with jurisdiction over Contractor’s operations, including but not limited to documents that may be filed in any federal or state court or arbitration. Copies shall be submitted to the City simultaneously with Contractor’s filing or submission of such materials with said agencies.

Contractor’s routine correspondence with said agencies need not be submitted to City but shall be made available to the City promptly upon City’s written request.

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ARTICLE 12: INDEPENDENT CONTRACTOR

12.01 Contractor an Independent Contractor. In the performance of services under this Agreement, the Contractor shall be, and is, an independent contractor, and is not an agent or employee of the City. Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all Persons assisting Contractor in the performance of Contractor’s services hereunder. Contractor shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding and all other regulations governing such matters, and shall be solely responsible for Contractor’s own acts and those of Contractor’s employees and other agents.

12.02 No Partnership or Joint Venture Created. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the City and Contractor, or as giving the City a duty to supervise or control the acts or omissions of any Person performing services or work under the Agreement.

12.03 No Entitlement to City Benefits. Neither Contractor nor its officers, employees, agents or subcontractors shall be entitled to any retirement benefits, healthcare benefits, workers’ compensation benefits or any other benefits which accrue to any City employees, and Contractor expressly waives any claim it may have to acquire to such benefits. Contractor agrees to defend and indemnify City for any claims brought by Contractor’s employees against City for such benefits.

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ARTICLE 13. INDEMNITY, INSURANCE, BOND

13.01 General Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City (“Indemnity”) , its elected or appointed officials, officers, employees, agents, consultants, volunteers, affiliate, assignees, representatives, attorneys, subsidiaries and affiliated entities and their respective heirs and assigns (collectively “Indemnified Parties”) from and against any and all claims (individually a “Claim”, collectively “Claims”) including without limitation, Claims for bodily injury, death, or damage to property, demands, obligations, damages, actions, causes of action, suits, administrative proceedings, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or be in any way related directly or indirectly to City entering into this Agreement with Contractor, Contractor’s breach of its obligations under this Agreement, Contractor’s performance of, or its failure to perform, its obligations under this Agreement, any other acts, omissions, or conduct (intentional or willful) of Contractor, any Claim concerning the validity of City entering into this Agreement or any ordinance or action based thereon, any Claim challenging City’s authority with respect to the entering into Agreements, including the process for the approval of Agreements, exclusive or otherwise, any Claim involving the Collection, Transportation, Processing, or Disposal of Municipal Solid Waste, Recyclable Materials, Food Scraps, and/or Yard Trimmings, arising out of the exercise of this Agreement by Contractor, any Claims by other entities disputing the rights and privileges granted by City in this Agreement, any Claims related to City’s failure to meet the solid waste diversion requirements resulting in whole or in part from Contractor’s breach or failure to perform PAGE 460 of 1808
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this Agreement (subject to the limitation set forth below) or any Claims specified under the provisions of Section 13.05 below concerning Pollution and/or Hazardous Waste.

The Indemnity shall not apply to the extent that the Claim is caused by the sole negligence or the willful misconduct of the Indemnified Parties. The Indemnity shall apply if the Claim is caused by the joint negligence of Contractor and other Persons. This Indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. The policy limits shall not act as a limitation upon the amount of indemnification to be provided by Contractor. Upon the occurrence of any Claim, Contractor, at Contractor’s sole cost and expense, shall defend (with attorneys reasonably acceptable to City) the Indemnified Parties. Contractor’s duty of Indemnity (inclusive of its duty to defend) shall survive the expiration or earlier termination of this Agreement.

Nothing in this section shall be deemed to require Contractor to defend or to indemnify the City for claims where the City is prohibited from imposing such duties on Contractor pursuant to Public Resources Code section 40059.1(c)(1) through (5) inclusive or section 40059.2(d)(1) and (2) inclusive. Where Public Resources Code section 40059.1(c)(1) through (5) inclusive requires City to first affirmatively seek, in good faith, all administrative relief available, except upon a showing of good cause, for imposition of PAGE 461 of 1808
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a penalty based on City’s failure to meet solid waste diversion requirements, such action by City shall be a precondition to Contractor’s Indemnity obligation solely as to that matter.

13.02 Insurance.

13.02.A Types and Amounts of Coverage. Without limiting Contractor’s duty of Indemnity described in Section 13.01, Contractor shall procure from an insurance company or companies licensed to do business in the State of California and shall maintain in force at all times during the Term at Contractor’s sole expense, the types and amounts of insurance listed in this Section 13.02 in a form acceptable to City. If Contractor maintains higher limits than the minimums listed in this Section 13.02, the City shall be entitled to coverage for the higher limits.

13.02.A.1 Workers’ Compensation and Employer’s Liability. Contractor shall maintain workers’ compensation insurance covering its employees in statutory amounts and otherwise in compliance with the laws of the State of California. Contractor shall maintain employer’s liability insurance in an amount not less than One Million Dollars ($1,000,000) per accident or disease. Contractor shall not be obligated to carry workers’ compensation insurance if (i) it qualifies under California law and continuously complies with all statutory obligations to self-insure against such risks; (ii) furnishes a certificate of Permission to Self-Insure issued by the Department of Industrial Relations; and (iii) furnishes updated certificates of Permission to Self-Insure periodically, at least annually, to evidence continuous self-insurance.

13.02.A.2 Comprehensive General Liability and Automobile Liability Policies. Contractor shall maintain comprehensive general liability insurance and PAGE 462 of 1808
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automotive liability insurance with each policy having limits of not less than Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) annual aggregate covering all claims and all legal liability for personal injury, bodily injury, death, and property damage, including the loss of use thereof, arising out of, or occasioned in any way by, directly or indirectly, Contractor’s performance of, or its failure to perform, services under this Agreement.

The insurance required by this subsection shall include:
(i) Premises Operations (including use of owned and non-owned equipment);
(ii) Products and Completed Operations (including protection against liability resulting from use of Recyclable Materials by another Person);
(iii) Personal Injury Liability with employment exclusion deleted; (iv) Broad Form Blanket Contractual with no exclusions for bodily injury, personal injury or property damage (including coverage for the indemnity obligations contained herein);
(v) Owned, Non-Owned, and Hired Motor Vehicles;
(vi) Broad Form Property Damage.

The comprehensive general liability insurance shall be written on an “occurrence” basis (rather than a “claims made” basis) in a form at least as broad as the most current version of the Insurance Service Office commercial general liability occurrence policy form (CG0001). If occurrence coverage is not obtainable, Contractor shall arrange for “tail coverage” on a “claims made” policy to protect City from claims filed within four years after the expiration or termination of this Agreement relating to incidents that occurred PAGE 463 of 1808
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prior to such expiration or termination. Any excess or umbrella policies shall be on a “following form” basis.

13.02.A.3 Pollution Liability. Contractor shall maintain environmental / pollution liability insurance, and transportation pollution liability insurance to include onsite, under-site and offsite liability coverage, for bodily injury (including death and mental anguish), property damage, regulatory fines, defense costs and cleanup costs with minimum limits of Five Million Dollars ($5,000,000) each loss and Ten Million Dollars ($10,000,000) in the aggregate covering claims arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants in any way related to Contractor’s performance of, or operations under, this Agreement.

Non-owned Disposal site coverage shall be provided if Contractor is handling, storing or generating Hazardous Waste or hazardous materials or any material or substance otherwise regulated under environmental laws or regulations.

13.02.A.4 Physical Damage. Contractor shall maintain comprehensive (fire and theft) physical damage insurance covering the vehicles and equipment used in providing service to City under this Agreement, with a deductible or self-insured retention not greater than One Hundred Thousand Dollars ($100,000). The deductible limit may be increased by City with acceptable proof of self-insurance. Notwithstanding the foregoing, Contractor shall be allowed to self-insure for physical damage to its vehicles PAGE 464 of 1808
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provided Contractor provides adequate audited financial information to City and City is reasonably satisfied that Contractor has the financial net worth to cover any losses.

13.02.B Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies admitted to do business in the State of California, subject to the jurisdiction of the California Insurance Commissioner, and with a rating in the most recent edition of Best’s Insurance Reports of size category VIII or larger and a rating classification of A or better.

13.02.C Required Endorsements. Without limiting the generality of Sections 13.02.A and B, the Worker’s Compensation, General Liability, Automobile Liability, and Pollution Liability/ Transportation Pollution Liability policies shall contain endorsements making the City and its Indemnified Parties including but not limited to elected or appointed officers, officials, employees, and agents and volunteers an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Endorsement shall also be obtained that state that for any claims related to this Agreement, the Contractor’s insurance coverage shall be primary and noncontributory insurance coverage at least as broad as ISO CG 20 01 with respect to the City, its officers, officials, employees, agents, and volunteers, and that any insurance or programs of self-insurance (including participation in risk pools) maintained by the City, PAGE 465 of 1808
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its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.

13.02.D Delivery of Proof of Coverage. No later than ten (10) calendar days after execution of this Agreement by both parties, Contractor shall furnish City one or more certificates of insurance and required endorsements substantiating that each of the coverages and endorsements required hereunder are in force, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall be accompanied by all required endorsements. If City requests, copies of each policy, together with all endorsements, shall also be promptly delivered to City in one complete package.

Contractor shall furnish renewal certificates to City to demonstrate maintenance of the required coverages throughout the Term. Each year on or before the renewal date for all PAGE 466 of 1808
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insurance policies required herein, Contractor shall deliver to City a new package containing all insurance certificates with all of the required endorsements and copies of all insurance policies required by this Agreement.

The Contractor shall obtain the written consent of the City prior to changing insurers providing insurance under this Agreement, which consent shall not be withheld or delayed unreasonably.

13.02.E Other Insurance Requirements.

1. Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

2. If the Contractor maintains broader coverage and/or higher limits than the minimums limits required above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, PAGE 467 of 1808
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and defense expenses within the retention. The policy language for all policies shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. City is not responsible for payment of premiums for or deductibles under any required insurance coverages.

4. In the event performance of any service is delegated to a subcontractor, Contractor shall require such subcontractor to provide statutory workers’ compensation insurance and employer’s liability insurance for all of the subcontractor’s employees engaged in the work. The liability insurance required by Subsection 13.02.A.2 shall cover all subcontractors or the subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 13.02.

5. Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Contractor from any obligation under this Agreement, including those imposed by Section 13.01. If any claim is made by any third Person against Contractor or any subcontractor on account of any occurrence related to this Agreement, Contractor shall promptly report the facts in writing to the insurance carrier and to the City.

6. If Contractor fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Contractor’s expense, such insurance as it may deem proper and deduct the cost thereof from any monies due PAGE 468 of 1808
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Contractor. Alternatively, the City may treat the failure as a Contractor Default, and not subject to any applicable cure period.

7. The Parties acknowledge that the market for insurance is subject to unforeseeable events which can affect the amount of coverage needed and pricing therefor. Accordingly, in the event the City determines that the services under this Agreement create an increased or decreased risk of loss to the City, Contractor agrees that the minimum limits of the insurance policies required by this Section may be changed accordingly upon receipt of written notice from the City; provided that Contractor shall have the right to appeal a determination of increased coverage to the City Council of City within ten (10) days of receipt of notice from the City.

13.03 Faithful Performance Bond. Not later than ten (10) days after execution of this Agreement by both parties, Contractor shall file with City a bond securing the Contractor’s faithful performance of its obligations under this Agreement. The principal sum of the bond shall be Three Million Five Hundred Thousand Dollars ($3,500,000). The form of the bond shall be as set out in Attachment L. The bond shall be executed as surety by a corporation admitted to issue surety bonds in the State of California, regulated by the California Insurance Commissioner and with a financial condition and record of service satisfactory to City.

It is the intention of this Section 13.03 that there be in full force and effect at all times a bond securing the Contractor’s faithful performance of the Agreement, throughout its Term.

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13.04 Alternative Security. City may, in its sole discretion, allow Contractor to provide alternative security in the amount set forth in Section 13.03, in the form of (a) a prepaid irrevocable standby letter of credit in form and substance satisfactory to City and approved by the City Attorney and issued by a financial institution acceptable to City, or (b) a certificate of deposit in the name of the City with a term satisfactory to City and with a financial institution acceptable to City.

13.05 Hazardous Waste Indemnification.

A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter “Indemnified Parties”) harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys’ fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature (“Claims”) (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, 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 PAGE 470 of 1808
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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;

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;
PAGE 471 of 1808
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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, 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 PAGE 472 of 1808
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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 abovereferenced 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.

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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 June 1, 2025 through September 30, 2025, and thereafter the rates set forth in Attachment D 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. From June 1, 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 June 1, 2025 through September 30, 2025 the City will issue a Proposition 218 notice and will hold a public hearing for the City Council to consider adoption of the new rates proposed by Contractor PAGE 475 of 1808
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in the City’s Request for Proposals process. Once new rates are approved by the City Council, Contractor shall charge Customers the rates in Attachment D. The parties plan that Contractor will begin charging the rates in Attachment D on October 1, 2025.

In the event Contractor is found, during the Term, to be charging any rate that is not listed in Attachment D, 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, 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, Contractor shall not charge the Customer for the difference between the rate charged and the rate in Attachment D; however, Contractor shall notify the Customer and give the Customer the option to continue to receive the service at the rate listed in Attachment D, 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.

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 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 being charged, and (ii) PAGE 476 of 1808
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charges for services not rendered to Customers. Contractor shall report to City the refunds or other adjustments made for each of said 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. 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 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 PAGE 477 of 1808
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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 Disposal Charge (Tip Fee) Adjustments. If the tip fee charged at the Citydesignated Disposal Site is changed (increased or 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 pass-through cost and Contractor shall not be entitled to receive or charge any profit, markup, overhead or administrative costs on Disposal Charges

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 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 PAGE 478 of 1808
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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 _______________ per year for City Regulatory Compliance Costs. [The amount of the Regulatory Compliance Costs will be provided to proposers via an Addendum.] 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 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 PAGE 479 of 1808
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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 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.

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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, PAGE 481 of 1808
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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 PAGE 483 of 1808
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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 PAGE 485 of 1808
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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 PAGE 486 of 1808
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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 PAGE 487 of 1808
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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 PAGE 488 of 1808
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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 Clean 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 and sick leave days) 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 498 of 1808 -156-
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 PAGE 499 of 1808
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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 PAGE 501 of 1808
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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 PAGE 502 of 1808
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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 PAGE 503 of 1808
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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 xx (xx) through xx (xx). The City also expressly disclaims any warranties, either express or implied, as to the merchantability or fitness PAGE 504 of 1808
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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: name, title
Company Name
Address
___________, California
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).

PAGE 505 of 1808
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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 PAGE 506 of 1808
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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 PAGE 507 of 1808
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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 PAGE 508 of 1808
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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 PAGE 509 of 1808
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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 PAGE 510 of 1808
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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.

PAGE 511 of 1808
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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 PAGE 512 of 1808
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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 PAGE 513 of 1808
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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.

PAGE 514 of 1808
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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
PAGE 515 of 1808

CITY OF SAN MARINO AGREEMENT

LIST OF ATTACHMENTS
A1achment A Defini<ons
A1achment B Scope of Work
A1achment C* Implementa<on Plan
A1achment D* Rates to be Charged by Contractor
A1achment D-1 Table of Current Rates of Incumbent Company A1achment E-1 Cart Specifica<ons
A1achment E-2* Numbers and Types of New Containers for Current Collec<on System to be Furnished by Contractor
A1achment E-3* Numbers and Types of New Containers for Op<mized Collec<on System to be Furnished by Contractor
A1achment E-4* Number and Types of Interim Containers to be Furnished by Contractor A1achment F-1* New Vehicles for Current Collec<on System to be Furnished by Contractor A1achment F-2* New Vehicles for Op<mized Collec<on System to be Furnished by Contractor
A1achment F-3* List of Interim Vehicles to be Furnished by Contractor A1achment F-4* Make/Model and Specifica<ons of Collision Avoidance Systems A1achment G* Contractor Furnished Collec<on Drivers
A1achment H* Contractor’s Plan for Interim Period
A1achment I* Landfill Facility(ies)
A1achment J Annual Adjustment of Rates
A1achment K Reports to be Submi1ed to City
A1achment L Performance Bond
A1achment M Not Used
A1achment N Characteriza<ons of Diver<ble Materials and MSW A1achment O* Clean Materials Recovery Processing Facility(ies) A1achment P* Compost Processing Facility(ies)
A1achment Q* Construc<on and Demoli<on Debris Processing Facility(ies) A1achment R* Anaerobic Diges<on Processing Facility(ies) A1achment S* Proposed Plan to Provide the Current Residen<al Backyard/Sideyard Collec<on System
A1achment T* Contractor’s Experience with Transi<oning to a New City A1achment U Not Used
A1achment V Self-Cer<fica<on Form for Yard Trimmings Recycling A1achment W Process For Annual Adjustment of City Fees
A1achment X* Proposed Plan to Provide an Op<mized Residen<al Backyard/Sideyard Collec<on System
A1achment Y* Contractor’s Complete Proposal to City
A1achment Z Not Used
A1achment AA Du<es of Recycling Coordinator
*A1achments marked with asterisks indicate proposal forms that will become a1achments to the final contract.

PAGE 516 of 1808

ATTACHMENT A
Definitions
Attachment A Page 1 of 13
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 _____________, ____, 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.

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.

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 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 PAGE 517 of 1808

ATTACHMENT A
Definitions
Attachment A Page 2 of 13
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 with a split modified bed that are used to Collect MSW, Recyclable Materials, Co-collected Food Scraps/Yard Trimmings, SourceSeparated 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.

Backyard/Sideyard Service: “Backyard/Sideyard Service” or “Backyard/Sideyard Collection” means Collection of MSW, Recyclable Materials and/or 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.

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, 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, Yard Trimmings, or items requiring more than two (2) persons to remove. [See also the definition of “Household Hazardous Waste” for materials Collected by Contractor as part of the Household Hazardous Waste Door-to-Door Collection program.

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.

PAGE 518 of 1808

ATTACHMENT A
Definitions
Attachment A Page 3 of 13
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 G.

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 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.

PAGE 519 of 1808

ATTACHMENT A
Definitions
Attachment A Page 4 of 13
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 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 _________________.

PAGE 520 of 1808

ATTACHMENT A
Definitions
Attachment A Page 5 of 13
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 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 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 Compost Facility, a Construction and Demolition Debris Processing PAGE 521 of 1808

ATTACHMENT A
Definitions
Attachment A Page 6 of 13
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.

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.

PAGE 522 of 1808

ATTACHMENT A
Definitions
Attachment A Page 7 of 13
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).

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 Compost Facility for Composting.

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 foillined 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 three (3) Containers: 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 all three (3) Containers of materials such that Contamination is at or below twenty-five percent (25%).

PAGE 523 of 1808

ATTACHMENT A
Definitions
Attachment A Page 8 of 13
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.

Green Waste: See “Yard Trimmings”
Hazardous Waste: “Hazardous Waste” means as defined in Section 13.05 of the Agreement.

High Diversion MRF: A “High Diversion MRF” or “High Diversion Organic Waste Processing Facility” 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). As of the Effective Date none of the Processing Facilities listed in Articles 6 and 7 of the Agreement qualify as a “High Diversion Organic Waste Processing Facility”.

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.

PAGE 524 of 1808

ATTACHMENT A
Definitions
Attachment A Page 9 of 13
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 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.

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 June 1, 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”
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 PAGE 525 of 1808

ATTACHMENT A
Definitions
Attachment A Page 10 of 13
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%.

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, 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 PAGE 526 of 1808

ATTACHMENT A
Definitions
Attachment A Page 11 of 13
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 market place. “Recyclable Materials” includes Single-Stream Recyclable Materials and Single Material Recyclables. Recyclable Materials includes, but is not limited to, paper, books, magazines, 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, 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.

PAGE 527 of 1808

ATTACHMENT A
Definitions
Attachment A Page 12 of 13
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 or MSW 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.

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.]
PAGE 528 of 1808

ATTACHMENT A
Definitions
Attachment A Page 13 of 13
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 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.

PAGE 529 of 1808

ATTACHMENT B
Attachment B will be issued as an Addendum to this RFP
PAGE 530 of 1808

ATTACHMENT C
Implementation Plan
(To be inserted from Proposal Form 14)
PAGE 531 of 1808

ATTACHMENT D
Proposed rates to be charged for the City of San Marino (To be inserted from Proposal Forms 29)
PAGE 532 of 1808
Current New Current New New New Waste New
Service 4.03% Service Disposal 4.03% Disposal Net Franchise Mgmt Gross Service Component Adj Component Component Adj Component Rate Fee Fee Rate

1.5 Yard 1X 54.48 2.19 56.67 42.67 1.72 44.39 101.06 5.32 2.50 108.88

1.5 Yard 2X 78.93 3.18 82.11 85.44 3.44 88.88 170.99 9.00 2.50 182.49

1.5 Yard 3X 103.41 4.16 107.57 128.07 5.16 133.23 240.80 12.67 2.50 255.97

1.5 Yard 4X 127.91 5.15 133.06 170.79 6.88 177.67 310.73 16.35 2.50 329.58

1.5 Yard 5X 152.34 6.13 158.47 213.50 8.60 222.10 380.57 20.03 2.50 403.10

1.5 Yard 6X 192.73 7.76 200.49 256.19 10.31 266.50 466.99 24.58 2.50 494.07 2 Yard 1X 56.84 2.29 59.13 56.93 2.29 59.22 118.35 6.23 2.50 127.08 2 Yard 2X 74.19 2.99 77.18 113.83 4.58 118.41 195.59 10.29 2.50 208.38 2 Yard 3X 91.49 3.68 95.17 170.79 6.88 177.67 272.84 14.36 2.50 289.70 2 Yard 4X 108.80 4.38 113.18 227.71 9.17 236.88 350.06 18.42 2.50 370.98 2 Yard 5X 126.17 5.08 131.25 284.62 11.46 296.08 427.33 22.49 2.50 452.32 2 Yard 6X 162.49 6.54 169.03 341.56 13.75 355.31 524.34 27.60 2.50 554.44 3 Yard 1X 48.91 1.97 50.88 85.44 3.44 88.88 139.76 7.36 2.50 149.62 3 Yard 2X 53.46 2.15 55.61 170.79 6.88 177.67 233.28 12.28 2.50 248.06 3 Yard 3X 58.10 2.34 60.44 256.19 10.31 266.50 326.94 17.21 2.50 346.65 3 Yard 4X 62.80 2.53 65.33 341.56 13.75 355.31 420.64 22.14 2.50 445.28 3 Yard 5X 67.38 2.71 70.09 426.97 17.19 444.16 514.25 27.07 2.50 543.82 3 Yard 6X 89.38 3.60 92.98 512.35 20.63 532.98 625.96 32.95 2.50 661.41 4 Yard 1X 26.24 1.06 27.30 113.85 4.58 118.43 145.73 7.67 2.50 155.90 4 Yard 2X 28.77 1.16 29.93 227.71 9.17 236.88 266.81 14.04 2.50 283.35 4 Yard 3X 31.31 1.26 32.57 341.56 13.75 355.31 387.88 20.41 2.50 410.79 4 Yard 4X 33.83 1.36 35.19 455.45 18.34 473.79 508.98 26.79 2.50 538.27 4 Yard 5X 35.96 1.45 37.41 569.32 22.92 592.24 629.65 33.14 2.50 665.29 4 Yard 6X 46.53 1.87 48.40 683.12 27.50 710.62 759.02 39.95 2.50 801.47 6 Yard 1X 81.18 3.27 84.45 170.78 6.88 177.66 262.11 13.80 2.50 278.41 6 Yard 2X 88.76 3.57 92.33 341.56 13.75 355.31 447.64 23.56 2.50 473.70 6 Yard 3X 96.35 3.88 100.23 512.34 20.63 532.97 633.20 33.33 2.50 669.03 6 Yard 4X 103.94 4.18 108.12 683.12 27.50 710.62 818.74 43.09 2.50 864.33 6 Yard 5X 111.58 4.49 116.07 853.82 34.38 888.20 1,004.27 52.86 2.50 1,059.63 6 Yard 6X 119.18 4.80 123.98 1,024.60 41.25 1,065.85 1,189.83 62.62 2.50 1,254.95 3 Yard Comp 5X 67.38 2.71 70.09 1,280.89 51.57 1,332.46 1,402.55 73.82 2.50 1,478.87 City of San Marino
Schedule of Rates
Effective July 1, 2024
ATTACHMENT D-1
PAGE 533 of 1808
Current New Current New New New Waste New
Service 4.03% Service Disposal 4.03% Disposal Net Franchise Mgmt Gross Service Component Adj Component Component Adj Component Rate Fee Fee Rate City of San Marino
Schedule of Rates
Effective July 1, 2024

1.1. Cart Manufacturer - Carts shall have single-piece product design with no seams and consistent wall thickness. Contractor shall endeavor to provide Carts from the same manufacturer for MSW, Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings and Co-collected Food Scraps/Yard Trimmings throughout the Term, in order to create a uniform appearance of Cart aesthetics, shape and colors throughout the City. If, after making reasonable and timely efforts to obtain replacement Carts from the manufacturer used during the initial cart roll-out during the Term, Contractor may request City approval to provide replacement Carts from another manufacturer. City shall determine, in its sole discretion, whether the quality, features, sizes, Cart and lid colors and other characteristics of such Carts are equal to those of the Carts initially distributed and whether the proposed Carts meet the specifications in this Attachment E-1.

1.2. Capacity – Contractor shall provide Carts in three sizes for Residential, Estate, Commercial, Multi-Family and Institutional MSW, Recyclable Materials, SourceSeparated Food Scraps, Source Separated Yard Trimmings, and Co-collected Food Scraps/Yard Trimmings Collection. Acknowledging the different sizes provided by the various Cart manufacturers, the Carts shall be uniform in appearance and must conform to the following ranges in size:
• 30 to 35-gallons,
• 60 to 70-gallons, and
• 90 to 95-gallons (if needed)

1.3. Cart Handles – The Cart handles and handle mounts may be an integrally molded part of the Cart body or molded as part of the lid. Bolt-on handles are acceptable for all Carts except for those that will accept Food Scraps. The Cart handles will provide comfortable gripping area for pulling or pushing the Cart or lifting the lid. Pinch points are unacceptable.

1.4. Cart Lid – Each Cart shall be provided with a lid that continuously overlaps and comes in contact with the Cart body or otherwise causes an interface with the Cart body that simultaneously:
• Prevents the intrusion of rainwater, rodents, birds, and flies; • Prevents the emission of odors;
• Enables the free and complete flow of MSW, Recyclable Materials and Food Scraps/Yard Trimmings from the container during the dump cycle without interference with the material already deposited in the truck body or the truck body itself and its lifting mechanism;
• The lid handle shall be an integrally molded part of the lid; • Permits users of the Cart to conveniently and easily open and shut the lid throughout the serviceable life of the Cart;
PAGE 535 of 1808
ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor Attachment E-1 Page 2 of 6
• The lid (and body) must be of such design and weight that would prevent an empty Cart from tilting backward when flipping the lid open; • The lid shall be hinged to the Cart body in such a manner so as to enable the lid to be fully opened, free of tension, to a position whereby it may rest against the backside of the Cart body; and
• The lid shall be designed to be easily removed in the event of damage or failure. The hinge assembly shall not be capable of being readily removed by the public by hand or with ordinary tools.

1.5. Foot-Hold – Each Cart shall have a foot-hold area on the back of the Cart to allow for foot placement so as to assist in tilting back the Cart prior to rolling it. If Food Scraps are being placed in the Cart, the foot hold holes shall be sealed so that Food Scrap liquids do not leak through the holes.

1.6. Stop bar – Each Food Scraps/Yard Trimmings Cart shall have a molded, sealed stop bar that prevents leakage.

1.7. Cart Colors – All carts shall be a uniform color, including the Cart body and Cart lid.

The MSW, Recyclable Materials, Food Scraps/Yard Trimmings Carts will be differentiated by color. The colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Carts and lids shall be of the same matching color. The colors shall be as follows:

The color-coding scheme shall be as follows:
• For all Residential Carts (Single Family and Estate Customers) black for MSW Carts, green for Yard Trimmings/Food Scraps Carts, and blue for Recyclable Materials Carts. • For all Multi-Family Carts black for MSW Carts, green for Yard Trimmings/Food Scraps Carts, and blue for Recyclable Materials Carts.
• For all Commercial Carts the color-coding scheme shall be the same as for Residential and Multi-Family Carts.

1.8. Wheel Design and Axle Assembly – Each Cart shall be equipped with an axle and two wheels, positioned on the bottom of the Cart to facilitate it being pushed or pulled with little effort with load weights up to its maximum load capacity as set forth in Section 2.2 of this Attachment E. If Food Scraps are being placed in the Cart, the axle holes shall be sealed so that Food Scrap liquids do not leak through the holes.

1.9. Identification Markings – For all new Carts distributed during the Term of the Agreement, the following markings shall be permanently marked on the exterior lid of each container in character size of no less than one (1) inch, the phrases:

PAGE 536 of 1808
ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor Attachment E-1 Page 3 of 6
In character size in the range of 1/4 to 3/4 inch, the following phrases:

DO NOT PLACE FLAMMABLE PRODUCTS

OR HOT ASHES IN THIS CONTAINER

DO NOT DISPOSE OR HAZARDOUS MATERIALS

IN THIS CONTAINER

NO PONGA PRODUCTOS INFLAMABLES O CENIZAS EN ESTE NO PONGA

MATERIALS PELIGROSOS EN ESTE RECIPIENTE
In character size in the range of 1/4 to 3/4 inch, the following item:

IDENTIFICATION CODE
The following markings shall be on the backside of the Cart.

In character size of no less than 1/4 inch, the phrase:

DO NOT TILT OR ROLL CONTAINER WITH LID OPEN

NO RUEDE EL RECIPIENTE CON LA TAPA ABIERTA
An arrow (at least 3 inches by 5 inches) shall be placed on the lid, indicating the direction of Cart placement.

In character size of no less than 3/16 inch, the phrase:

PLACE CONTAINER WITH ARROW FACING STREET FOR COLLECTION

COLOQUE EL RECIPIENTE CON LAS FLECHAS HACIA LA CALLE

1.10. Sticker Attachment Area - Cart lids shall have a molded depression no less than 5 inches tall and 11 inches wide where the Contractor shall attach a color, weatherproof adhesive label indicating the materials accepted in each of the Carts. Decals shall comply with the specifications set forth in Attachment B, Section 1.

1.11. Additional Parts – All parts necessary for the Cart to be complete and ready for operation and use by the residents of the City shall be furnished by the Contractor.

1.12. Replacement Parts – All replacement and repair parts and components shall be of the same or better quality as the original parts provided to the City and must meet the same requirements as set forth in Section 2 of this Attachment E – Cart Performance Requirements.

PAGE 537 of 1808
ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor Attachment E-1 Page 4 of 6

1.13. Cart Identification System – All Carts shall have a unique serial number, and/or barcode, and/or RFID device for tracking inventory and linking inventory back to accounts.

PAGE 538 of 1808
ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor Attachment E-1 Page 5 of 6

2. Cart Performance Requirements – All Carts shall be designed and manufactured to meet the minimum performance requirements described below.

2.1 Minimum Service Life – Carts shall have the capability for continual, uninterrupted use as MSW, Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings and Co-collected Food Scrap/Yard Trimmings Carts in Residential, Estate, Commercial, Multi-Family and Institutional applications as set forth in the Agreement for a minimum period of ten (10) years, herein referred to as the “Minimum Service Life.” The Minimum Service Life shall be measured from the date of delivery or distribution.

2.2 Cart Load Capacity – Depending on the capacity, the Carts shall have a minimum load capacity as noted below without Cart distortion, damage, or reduction in maneuverability or any other functions as required herein.

Cart Size (Gallons) Minimum Load
Capacity (LBS)
90-95 200
60-70 130
30-35 70

2.3 Cart Durability – Carts shall remain durable, and at a minimum, shall meet the follow durability requirements to satisfy its intended use and performance, for a period of ten (10) years:
• Maintain its original shape and appearance;
• Be resistant to kicks and blows;
• Require no routine maintenance and essentially be maintenance free; • Not warp, crack, rust, discolor, or otherwise deteriorate over time in a manner that will interfere with its intended use;
• Resist degradation from ultraviolet radiation;
• Be incapable of penetration by biting or clawing of household pets (i.e., dogs and cats);
• The bottoms of Cart bodies must remain impervious to any damage, that would interfere with the Cart’s intended use after repeated contact with gravel, concrete, asphalt or any other rough and abrasive surface; • All wheel and axle assemblies are to provide continuous maneuverability and mobility as originally designed and intended; and,
• Resist degradation by other airborne gases or particulate matter currently present in the ambient air of the City.

PAGE 539 of 1808
ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor Attachment E-1 Page 6 of 6

2.4 Chemical Resistant – Carts shall resist damage from common household or residential products and chemicals. Carts, also, shall resist damage from human and animal urine and feces.

2.5 Stability and Maneuverability – The Carts shall be stable and self-balancing in the upright position, when either empty or loaded to its maximum design capacity with an evenly distributed load, and with the lid in either a closed or open position.

All Carts shall be capable of maintaining the upright position in sustained or gusting winds of up to 25 miles per hour as applied from any direction.

The Carts shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in weight to its maximum design capacity on a level, sloped or stepped surface.

2.6 Lid Performance – Cart lid assemblies shall meet the following minimum requirements:
• Prevent damage to the Cart body, the lid itself, and to any component parts through repeated opening and closing of the lid by Residents or in the dumping process as intended;
• Remain closed in winds up to 25 miles per hour from any direction. All lid hinges must remain fully functional and continually hold the lid in the original designed and intended positions when either opened or closed; and, • Lids shall be designed and constructed such that it prevents physical injury to the user while opening and closing the Cart.

2.7 Reparability – Minor cracks, holes, and other damages to hinges, wheels, axle, hardware, and other component parts shall be readily repairable by the Contractor’s personnel with minimum training and supervision. All repairs shall be capable of being performed by one person in the field. All repairs must restore the container to its full functionality to meet the design and performance requirements as set for herein.

3. Cart Ownership and Maintenance Responsibilities – The Contractor shall be responsible for Cart repair and maintenance, graffiti removal, and replacing lost, stolen or damaged Carts at no additional charge to the Customer or to the City. Contractor shall own the Carts during the Term. The City reserves the right to have the Contractor remove the carts at the end of the Term at no charge to the City.

The number and types of Containers to be furnished by Contractor for each type of Customer are described in Attachment E-2.

PAGE 540 of 1808
ATTACHMENT E-2
Number and Types of New Containers for Current Collection System to be Furnished by Contractor
(To be inserted from Proposal Form 11)
PAGE 541 of 1808
ATTACHMENT E-3
Number and Types of New Containers for Optimized Collection System to be Furnished by Contractor
(To be inserted from Proposal Form 28)
PAGE 542 of 1808
ATTACHMENT E-4
Number and Types of Interim Containers to be Furnished by Contractor (To be inserted from Proposal Form 12)
PAGE 543 of 1808
ATTACHMENT F-1
New Collection Vehicles for Current Collection System to be Furnished by the Contractor
(To be inserted from Proposal Form 8)
PAGE 544 of 1808
ATTACHMENT F-2
New Collection Vehicles for Optimized Collection System to be Furnished by the Contractor
(To be inserted from Proposal Form 27)
PAGE 545 of 1808
ATTACHMENT F-3
Interim Collection Vehicles to be Furnished by the Contractor (To be inserted from Proposal Form 9)
PAGE 546 of 1808
ATTACHMENT F-4
Make/Model of Collision Avoidance Systems
(To be inserted from Proposal Form 10)
PAGE 547 of 1808

ATTACHMENT G
Contractor Furnished Collection Drivers
(To be inserted from Proposal Form 7)
PAGE 548 of 1808

ATTACHMENT H
Contractor’s Plan for Interim Period
(To be inserted from Proposal Form 13)
PAGE 549 of 1808

ATTACHMENT I
Description of Landfill Facility(ies)
(To be inserted from Proposal Form 26)
PAGE 550 of 1808

ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 1 of 6
The original “Collection”, “Processing”, “Disposal”, and “Non-escalating Capital” components of the rates that Contractor shall charge to Customers are identified in Attachment D and each component shall be adjusted according to the following procedures. No Adjustments will be made to any rate component that was identified as “0” or as a negative value in Attachment D as of the Effective Date of the Agreement. The City may make adjustments to the Compliance Cost component and any other City fees described in Article 14 of the Agreement based on changes in actual costs. The methodology used to adjust these City costs is described in Attachment W.

The following rounding protocol shall be used in the calculations described herein: For the calculation of the percentage change in all indexes described in this Attachment J, the calculations shall be rounded to one decimal place. (Example: 2.3% or 0.2%). For calculation of all rates and rate components described in this Attachment J, the calculations shall be rounded to two decimal places. (Example: $2.39). The numbers 1,2,3, and 4 in all calculations shall be rounded down. (Example: If the result of the calculation were 7.344, the final figure would be 7.3.) The numbers 5, 6, 7, 8 and 9 in all calculations shall be rounded up. (Example: If the result of the calculation were $3.468, the final figure would be $3.47).

In the event that the standard reference base period for any index used herein is revised, the calculations will be performed using the officially released data published by the Bureau of Labor Statistics.

If an index used herein is discontinued, the successor index with which it is replaced, shall be used for subsequent calculations. If no successor index is identified by the Bureau of Labor Statistics, the government index which is most comparable shall be used. The decision of the City as to which such replacement index shall be used, shall be final.

1. ANNUAL ADJUSTMENT METHOD AND DISPOSAL COST

ADJUSTMENT METHOD FOR RATES IN ATTACHMENT D
A. ADJUSTMENT FOR COLLECTION COMPONENT OF RATE BASED ON PPI
Perform the following calculations based upon the most current adjusted Collection component of the rate. The initial adjustment shall be applied to the Collection component of the rate as identified in Attachment D beginning July 1, 2026.

Step One. Calculate the percentage change in the Producer Price Index for Natural Gas (Series ID WPU0531). The first adjustment to be made on July 1, 2026 shall be calculated by:

PAGE 551 of 1808

ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 2 of 6
1) Calculate the value of the annual average change in the ‘Natural Gas’ PPI for the twelve-month period spanning January 2024 through December 2024. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12. 2) The 2025 annual average value shall then be calculated for the period January 2025 through December 2025. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12.
3) Next, the percentage change for the final Natural Gas PPI shall be determined by calculating the annual change between the 2024 to 2025 values. The annual change shall be calculated by taking the difference between the 2024 and 2025 annual averages and dividing this by the 2024 annual average. For example, if the 2024 annual average was 100 and the 2025 annual average was 110, the change in these values would be 10% ((110-100)/100).

This same calculation shall be performed by comparing the average of the prior twelve-month period ending on December 31 for every year of the Term.

Step Two. Calculate the fuel costs by subtracting the portion of the Collection component of the rate attributed to fuel by multiplying the Collection component by 7%.

Step Three. Multiply the fuel cost (7% of Collection) by 1 plus the percentage change in the preliminary PPI for Natural Gas. If the PPI percentage change is negative, then 7% of Collection will be adjusted downward; and if the PPI percentage change is positive, then 7% of Collection shall be adjusted upward.

The percentage change shall not exceed 25% for a percentage increase, or -25% for a percentage decrease, per annum.

Step Four. Calculate the percentage change using the annual average value of the Producer Price Index for ‘Final Demand - Finished Goods Less Food and Energy’ (Bureau of Labor Statistics Series ID WPUFD4131). The first adjustment to be made on July 1, 2026 shall be calculated by:
1) Calculate the value of the annual average change in the ‘Final Demand - Finished Goods Less Food and Energy’ PPI for the twelve-month period spanning January 2024 through December 2024. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12.
2) The 2025 annual average value shall then be calculated for the period January 2025 through December 2025. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12.

PAGE 552 of 1808

ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 3 of 6
3) Next, the percentage change for the final Finished Goods Less Food and Energy PPI shall be determined by calculating the annual change between the 2024 to 2025 values. The annual change shall be calculated by taking the difference between the 2024 and 2025 annual averages and dividing this by the 2024 annual average. For example, if the 2024 annual average was 100 and the 2025 annual average was 110, the change in these values would be 10% ((110-100)/100).

This same calculation shall be performed by comparing the average of the prior twelve-month period ending on December 31 for every year of the Term. The percentage change shall not exceed 5% per annum. In the event the calculated average percentage change in the PPI is negative, the rate adjustment shall be zero (0).

Step Five. Multiply the Collection component of the rate by 93% to calculate the Collection fee less fuel costs.

Step Six. Multiply the Collection fee, less fuel costs (93% of Collection) by 1 plus the percentage change in PPI for Finished Goods similar to the calculation shown in Step Four above.

Step Seven. Add the Collection component adjusted for fuel costs (7% of Collection as calculated in Step 3) to the Collection component less fuel costs (93% of Collection as calculated in Step 6) for the total adjusted Collection component of the rate.

Sample Rate Adjustment Calculation for Change in PPI
(All numbers are examples only and are used here for illustration purposes).

Example Assumptions:

Final Annual Average PPI for Finished Goods (old) 140.00 Final Annual Average PPI for Finished Goods (new) 144.00 Final Annual Average PPI for Natural Gas (old) 237.4
Final Annual Average PPI for Natural Gas (new) 270.7
Current Residential Recycling Cart Collection Rate $ 0.91 Current Commingled 3-yd bin Collection Rate $32.28
Step One. Calculate average annual percentage change in PPI for Natural Gas. 270.7 - 237.4 = (33.3/237.4) X 100 = 14.0%
Step Two. Calculate average annual percentage of Collection attributable to fuel costs (= 7%).

Residential Collection Rate: $.91 X .07 = $.06
3 yd. Bin Collection Rate: $32.28 X .07 = $2.26
PAGE 553 of 1808

ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 4 of 6
Step Three. Apply annual percentage change of PPI for Natural Gas to fuel costs calculated in Step Two.

Residential Collection Rate: $.06 X 1.14 = $.07
3 yd. Bin Collection Rate: $2.26 X 1.14 = $2.58
Step Four. Calculate average annual percentage change in PPI for Finished Goods.
144 – 140 = (4/140) 100 = 2.9%
Step Five. Calculate Collection less fuel costs (= 93%).

Residential Collection Rate: $.91 X .93 = $.85
3 yd. Bin Collection Rate: $32.28 X .93 = $30.11
Step Six. Apply annual percentage change of PPI for Finished Goods to Collection fee less fuel costs calculated in Step Five.

Residential Collection Rate: $.85 X 1.029 = $.87
3 yd. Bin Collection Rate: $30.11 X 1.029 = $30.98
Step Seven. Add the rates calculated in step three and step six to calculate the total adjusted Collection rate.

New Residential Collection Rate: $.07 + $.87 = $.94
New 3 yd. Bin Collection Rate: $2.58 + $30.98 = $33.56
B. ADJUSTMENT FOR PROCESSING COMPONENT OF RATE BASED ON PPI
Perform the following calculations of the most current adjusted Processing component of the rate. The initial adjustment shall be applied to the Processing component of the rate as identified in Attachment D beginning July 1, 2026.

Step One. Calculate the percentage change in the ‘Final Demand - Finished Goods Less Food and Energy’ (Bureau of Labor Statistics Series ID WPUFD4131).

As shown above in Subpart A, the change in the PPI shall be the average of the twelve-month period ending on December 31 as compared to the prior year’s average percentage change during the 12-month period ending on December 31.

The change allowed shall not exceed 5% per annum. In the event the percentage change in the PPI is negative, the adjustment for the Processing component of the rate shall be zero.

PAGE 554 of 1808

ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 5 of 6
Step Two. Multiply the Processing component of the rate by 1 plus the percentage change in the annual average PPI.

Step Three. In the event the calculated percentage change in the PPI is negative, the rate adjustment shall be zero (0).

Sample Rate Adjustment Calculation for Change in PPI
(All numbers are examples only and are used here for illustration purposes).

Example Assumptions:

Final Annual Average PPI for Finished Goods (old) 140.00 Final Annual Average PPI for Finished Goods (new) 144.00 Current Residential Recycling Cart Processing Rate $ 2.48 Current Single-Stream 3 yd. Bin Processing Rate $18.16
Step One. Calculate percentage change in PPI.
144-140 = (4/140) 100 = 2.9%
Step Two. Apply percent change to Processing component of rate.

Residential Processing Rate: $2.48 X 1.029 = $2.55
3 yd. Bin Processing Rate: $18.16 X 1.029 = $18.69
C. ADJUSTMENT FOR CHANGE IN DISPOSAL CHARGE (TIP FEES)

APPLIES ONLY WHEN TIPPING FEE ACTUALLY CHANGES
(INCREASES OR DECREASES)
Step One. Calculate the percentage change in the Disposal Charge per ton, based upon the change between the most recent tipping fee on which rates are based, and the new tipping fee. The tipping fee as of the Effective Date is $104.69 per ton.

Step Two. Apply the resulting percentage change to the most current Disposal component of the rate by multiplying the Disposal component by 1 plus the percentage change. If the percentage change is negative, then the Disposal Charge will be adjusted downward; and if the percentage change is positive, then Disposal Charge shall be adjusted upward.

Sample Rate Adjustment Calculation for Change in Disposal Charge (All numbers are examples only and are used here for illustration purposes) Example Assumptions:

Disposal Tip Fee (old) $104.69/ton
Disposal Tip Fee (new) $122.17/ton
PAGE 555 of 1808

ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 6 of 6
Current Disposal Charge
Component of Residential MSW Cart rate $ 0.11
Current Disposal Charge
Component of 3 yd. Bin rate $1.01
Step One. Calculate percentage change in Tip Fee.
$122.17 - $104.69 = ($17.48/$104.69) 100 = 16.7%
Step Two. Apply percent change to Disposal Charge component of existing rates.

Residential Disposal rate: $.11 x 1.167 = $.13
3 yard Bin Disposal rate: $1.01 x 1.167 = $1.18
D. NO ADJUSTMENT TO NON-ESCALATING CAPITAL COMPONENT
The capital component of the rate will not be adjusted at any point during the Term of the Agreement.

Sample Rate Adjustment Calculation for Non-escalating Capital Component (All numbers are examples only and are used here for illustration purposes) Example Assumptions:

Capital cost (old) $1.00
Capital cost (new) $1.00
No adjustment in capital cost component.

E. CALCULATE TOTAL RATE
Step One. Add the adjusted Collection Component of the Rate (as adjusted in subpart A above), the adjusted Processing Component of the Rate (as adjusted in subpart B above), the adjusted Disposal Component of the Rate (as adjusted in subpart C above), and the non-adjusted capital component (as shown in subpart D above) to calculate the total rate for service. Note: the Disposal Component of the Rate will not be adjusted up or down if the tipping fee has not changed.

Example (using figures in previous examples included in this Attachment J):

Adjusted Residential Rate: $.94+ $2.55 + $.13 + $1.00 = $4.62 Adjusted 3 yd. Bin Rate: $33.56 + $18.69 + $1.18 + $1.00 = $54.43 PAGE 556 of 1808

ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 1 of 8
The reports listed and described in this Attachment K shall be submitted to City by Contractor on the dates and schedules specified herein. The City has the right to request additional reports, to direct Contractor to modify report format and layout, and to require that Contractor use City report formats. All report formats shall be approved by City and shall be submitted electronically (i.e. via e-mail attachment). Paper copies shall be made available upon request by the City. The reporting year shall be the Calendar Year (i.e. January 1 through December 31).

City will work with Contractor during the transition and the first year of operations to tailor and refine reporting formats to the City’s desired level of detail.

For all monthly, quarterly, and annual reports, Contractor shall provide a certification statement, signed under penalty of perjury by the responsible corporate official, that the reports are true and correct.

Monthly Reports
Monthly reports shall include a Year-To-Date summary. Monthly reports shall be submitted within twenty-five (25) calendar days after the end of each month for information on preceding months. The information listed may be combined into one or several reports and shall be the minimum reported:

1. Diversion Program(s) tonnage and goal summary listed by program and DPS Code.

2. Calculation of the Diversion rate achieved year-to-date.

3. Tons Collected and Diverted by Sector: Tons Collected and the Tons Diverted in the City (using the characterization study-derived Diversion and Residue percentages - see Attachment N). Tons Collected and Diverted shall be grouped by class of Customer (e.g.

Commercial, Single Family Dwelling, Multi-Family, Roll Off and Compactor Service, etc.) and also by each type of Collection service for each class of Customer, as described below:
• Recyclable Materials Tons Collected and Diverted from Commercial, Multi-Family Roll-off, Single-Family Residential and Estate Customers • Source-Separated Food Scrap Tons collected from Commercial, Roll-off, MultiFamily, Estate and Single Family Residential Customers • Source-Separated Yard Trimmings Tons Collected and Diverted from Commercial, Multi-Family, Roll-off, Single-Family Residential and Estate Customers
• Co-collected Food Scraps/Yard Trimmings Tons Collected and Diverted from Commercial, Multi-Family, Roll-off, Estate and Single-Family Residential Customers
• MSW Tons Collected from Commercial, Multi-Family, Roll-off, Estate and SingleFamily Residential Customers

4. Tons Delivered to, and Diverted by, Processing Facilities: Report shall list the number of Tons that were delivered to, and Diverted by, each Compost Facility, Clean MRF, Construction and Demolition Debris Processing Facility and all other Processing Facilities used. Diversion rates shall be based upon the results of the characterization studies described in Attachment N.

PAGE 557 of 1808

ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 2 of 8

5. All Materials Diverted by Contractor. Statement showing types of materials and quantities sold (in Tons).

6. Number of Tons of MSW Disposed during the month from both Contractor’s Collection routes and Tons of Residue Disposed from each Processing Facility used by Contractor to process Recyclable Materials, Source Separated Yard Trimmings, Source-Separated Food Scraps, Co-collected Food Scraps/Yard Trimmings, and Construction and Demolition Debris materials from City. The report shall include backup documentation showing how the Tons of Residue from each Facility were calculated and allocated to City. The report shall also include the name, telephone number and e-mail address of the contact person at each Processing Facility that the City can contact with questions about the allocations and/or reported Residue percentages and/or the number of Tons processed from City.

7. Narrative summary of problems encountered including scavenging, incidents of Contamination found during waste characterizations, including a listing of specific location addresses for each and actions taken with recommendations for the City, as appropriate.

8. An on-going listing of “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” who, despite the Recycling Coordinator’s adherence to the required implementation steps included in Attachment B Section 3.7, still refuse to implement the required State-mandated Diversion programs. The listing shall include all interactions and attempts to bring the Customer into compliance with state laws by implementing a Diversion program.

9. Summary of service complaints, with a description of the nature of the complaint and how it was resolved. Reports shall include customer service metrics including, but not limited to, number of inbound customer service calls, average time spent per call with customer, average monthly hold time for customers, average number of rings before a call was answered, number of instances of a customer selecting and receiving a callback in lieu of a hold, number of escalations to a customer service manager, number of calls that were not answered, and all other metrics described in Section 9.04.C of the Agreement.

10. Summary, and type, of Customers that implemented Diversion services the previous month and/or cancelled service. The reasons for cancelled service must be provided with report.

11. The City is exploring the use of an outside vendor (Recyclist or equivalent) to provide Customer Relationship Management (“CRM”) software to track Diversion program implementation and to comply with certain CalRecycle SB 1383 reporting requirements.

The City anticipates that much of the customer interaction reporting that is required to be included in the Red/Green listing may no longer be needed when and if the new software is fully implemented. During the evaluation of the functionality and accuracy of reporting of the City’s prospective vendor(s) Contractor shall track all Customer interactions using both the Red/Green listing and the new CRM system, as described herein. During the first year of the Term, both reporting systems shall be utilized and evaluated. In the event the City is satisfied that the new CRM is comparable to the Red/Green Listing reports and meets all of the City’s needs, a meeting will be held PAGE 558 of 1808

ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 3 of 8
between City and Contractor on or before November 30, 2025 and, at the sole discretion of the City, either one or both of the reporting systems will be utilized for the next calendar year of the Term. This process will be repeated each year of the Term to determine the reporting system(s) to be utilized for the upcoming calendar year. The parties anticipate that the types, functions and costs of CRM software will continue to evolve over the Term and City may direct Contractor to utilize new, different and/or enhanced CRM reporting system(s) in the future.
a. Red/Green Listing Customer Interaction Tracking Requirement:

Sustainability Coordinator’s activity, tracked in a color-coded Red/Green Tracking Spreadsheet. Customers are shaded red to indicate non-compliance and shaded green to indicate compliance. The Red/Green Tracking Spreadsheet lists and describes all individual interactions with businesses, including the date, a description of, and the nature of each outreach/contact effort; status of program implementation or educational efforts; issues with recycling such as Contamination or overflow; objections to implementing Diversion programs; individual compliance status with AB 341, AB 1826, SB 1383; the Customer type (i.e. Commercial, Multi-Family, with Centralized Bin Service, Food Service Establishment, City Account); waiver status; if the Customer has shared service; if the Customer has an internal program to Divert materials; and other information as directed by the City. The results from most recent waste characterizations, as described in Attachment N, shall also be included in the Red/Green Tracking Spreadsheet for each account and for each line of service used by each account.

Accounts that are listed as “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” shall also be color-coded accordingly. The Red/Green Tracking Spreadsheet shall also list and describe all individual interactions with Residential Estate customers, including the date, a description of, and the nature of each outreach/contact effort; status of program implementation and educational efforts; issues with recycling such as Contamination or overflow; objections to implementing Diversion programs; and other information as directed by the City. The results from most recent waste characterizations related to Residential Estate customers, as described in Attachment N, shall also be included in the Red/Green Tracking Spreadsheet for each account and for each line of service used by each account. Accounts that are listed as “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” shall also be color-coded accordingly. b. City’s Customer Relationship Management System (CRM) Tracking Requirement: Sustainability Coordinator’s activity, tracked using the City’s Customer Relationship Management (CRM) system to which the Contractor will have access, showing individual interactions with businesses, including the date, a description of, and the nature of each outreach/contact effort; status of program implementation or educational efforts; issues with recycling such as Contamination or overflow; objections to implementing Diversion programs; individual compliance status with AB 341, AB 1826, SB 1383; the Customer type (i.e. Commercial, Multi-Family with Centralized Bin Service, Residential Estate, Food Service Establishment, City Account); waiver status; if the Customer has shared service; if the Customer has an internal program to Divert materials; and other information as directed by the City. The results from most recent waste characterizations, as described in Attachment N, shall also be included in the PAGE 559 of 1808

ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 4 of 8
City’s CRM tracking system for each account and for each line of service used by each account.

12. The number of warning notices issued to Customers for Contamination and the account information associated with these notices pursuant to Sections 2 and 3 of Attachment B.

13. The number of warning notices issued to Customers for Non-containerization and/or Overfull containers and the account information associated with these notices pursuant to the protocol in Attachment B.

14. Number of Residential Bulky Item pick-ups and Tons of bulky items delivered for repair, re-use, re-purposing, or recycling and Tons Disposed.

15. A listing of all accounts, in Excel format, including:
a. Customer number
b. Customer name
c. Account type (Commercial, Multi-Family, Residential Estate, Food Service Establishment, City Account)
d. Street address
e. Billing address
f. All service information, including
i. Line of service (i.e. MSW, Food Scraps, Yard Trimmings, Recyclable Materials)
ii. Container inventory
iii. Container size
iv. Frequency of collection
v. Collection days
vi. Monthly rate collected
g. Service Contact name
h. Service Contact number
i. Billing Contact Name
j. Billing Contact Number

16. Number of Customers participating in Diversion programs provided by Contractor (i.e.

Recyclable Materials Collection Program, Food Scraps Diversion Program, Composting Program, etc.). This section of the report must also include the total number of Containers (Bin, Carts, Split Bins, etc.) in use for Recyclable Materials, SourceSeparated Food Scrap Diversion, Source-Separated Yard Trimmings. Co-collected Food Scraps/Yard Trimmings, and MSW Collection/Disposal service.

17. Number of Single Family Residential accounts and Estate accounts with Extra Cart service, including list of Extra Carts for each account for all streams (MSW, Recyclables, and Co-collected Trimmings and Food Scraps) (report Single Family Residential and Estates separately).

18. A summary table of SB 1383 compliance information, including the following items:
a. Residential SB 1383 compliance, with Single Family and Estate Residential, listed separately:

PAGE 560 of 1808

ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 5 of 8
i. The total number of Single Family and Estate Residential Customers that have a Recyclable Materials Program and a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor. ii. The number of Single Family and Estate Residential Customers that do not have a Recyclable Materials Program or a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor. iii. The number of Single Family and Estate Residential Customers that have refused service (for any stream: MSW, Recyclable Materials and/or Food Scraps/Yard Trimmings).
b. Multi-Family SB 1383 compliance
i. The total number of Multi-Family Customers that have a Recyclable Materials Program and a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor.
ii. The number of Multi-Family Customers that do not have a Recyclable Materials Program and a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor.
iii. The number of Multi-Family Customers that have refused to participate in the required Recyclable Materials and/or Food Scrap/Yard Trimmings Diversion program(s) and have been placed on the listing of “NonCompliant Customers Referred to City for Compliance Action Under Mandatory Ordinance”
iv. The number of Multi-Family Customers that have a diversion program not provided by the Contractor (i.e. a City-verified third-party Food Scrap and/or Yard Trimmings collection service with local processing, community Composting program, landscaper, etc.)
c. Commercial SB 1383 compliance
i. The total number of Commercial Customers that have a Recyclable Materials Program and a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor.
ii. The number of Commercial Customers that do not have a Recyclable Materials Program and/or a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor.
iii. The number of Commercial Customers that have refused to participate in the required Recyclable Materials and/or Food/Scrap/Yard Trimmings Diversion program(s) and have been placed on the listing of “NonCompliant Customers Referred to City for Compliance Action Under Mandatory Ordinance”
iv. The number of Commercial Customers that have a diversion program not provided by the Contractor (i.e. a City-verified third-party Food Scrap and/or Yard Trimmings collection service with local processing, backhaul program, landscaper, etc.)

19. Written record of all Hazardous Waste discovered through the Hazardous Waste exclusion program described in Article 5 of the Agreement.

20. Number of accounts that are delinquent in their payments and have had their collection service terminated as a result.

PAGE 561 of 1808

ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 6 of 8

21. Number of accounts that were delinquent in their payments, had their collection service terminated, and have now paid the account and restarted service.

22. Number of accounts that permanently discontinued collection service as described in Section 1.3.1 of Attachment B.

23. Program data for use in City’s C&D tracking software, as applicable.

24. Collection tonnage and/or volumes from City-directed programs, including illegal dumping, public right-of-way collection, City Facility programs, special events, etc. that occurred during the reporting period
Quarterly Reports
Within 30 days after the completion of each quarter of the Calendar Year, Contractor shall submit a Quarterly Report. The report shall provide a quarterly summary of the monthly reports in addition to the following at a minimum:

1. Report of any Waste Characterization Studies completed during the reporting quarter as described in Attachment N, including the three-stream pilot program beginning no later than March 1, 2026 and the waste characterizations to occur beginning January 1, 2027.

2. Copies of all promotional and all public education materials sent during the quarter, including, but not limited to, hard copies direct-mailed to Customers, bill inserts sent to Customers, electronic notifications to Customers, social media postings, and all other materials.

3. A narrative description of problems encountered and actions taken, including efforts to deter and prevent Scavenging and Contamination of Recyclable Materials, Yard Trimmings, Food Scraps and Construction and Demolition Debris. The narrative is to include a description of Tons rejected for sale after processing (type of material, tonnage), reason for rejection, and Contractor’s Disposal method for the rejected materials.

4. Recycling sales revenue by type of material marketed on a gross and net basis.

5. Tons delivered inbound to each Composting facility, Tons of final product sold and endusers/markets for finished compost.

6. A list and narrative description of monthly trainings held on prevention of spills of fluids from Collection vehicles, safety and other issues, including employee group(s) trained, the trainer that presented each training and the topics covered.

7. Compost giveaway events – report within 30 days of event with number of participants and quantity of compost distributed and origin of compost.

8. Shredding events – report within 30 days of event with number of participants and quantity of material shredded.

PAGE 562 of 1808

ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 7 of 8

9. Employee trainings held during the quarter as required by Agreement Section 5.11.D (spill/Hazardous Waste training), Agreement Section 8.05.E (safety training) and Agreement Section 9.04.C (Customer Service Representative training).

10. Inventory of Single Family and Estate Residential Containers by size and stream and record of replacement and repair of the Carts/Bins for the previous quarter as described in Section 1.6.3 of Attachment B Scope of Work.

Annual Reports
On or before March 15, 2026, and on or before March 15 in all subsequent years of the Term, Contractor shall submit to the City a written year-end Annual Report, in a form approved by the City. The annual report shall include information as to timely compliance with Contractor’s Diversion obligations and MSW Collection and the following information for the Calendar Year then ending:

1. Annual SB 1383 compliance status report, with a detailed work plan to meet minimum performance standards set forth in Article 10 of the Agreement.

2. A report of the previous Calendar Year’s activities in the City, including a cumulative summary of the Monthly and Quarterly Reports, and information and statistics with respect to City’s compliance with SB 1383 and the Act.

3. A complete inventory of equipment used to provide all services, including listing of the following items:
a. Vehicles in service
i. model year of the body for each vehicle in service
ii. model year of the chassis for each vehicle in service iii. vehicle unit number for each vehicle in service
iv. VIN number for each vehicle in service
v. license plate number for each vehicle in service
vi. Route allocation
b. Containers by size and material or waste stream type

4. Number of routes, type of route, and route hours per day.

5. Number of accounts and Cart/Bin information as requested in the Monthly reports.

6. A summary table showing Contamination rates (in percent), by stream and by sector, using the results from the waste characterizations that are required by Attachment N that occurred during the reporting period.

7. Total number of Customers that used special Collection programs, including number of Residential Customers that requested Bulky item collection.

8. Total number of Customers that attended Compost giveaway event(s) and the number of tons of compost distributed during the event(s), and date/location of each event.

PAGE 563 of 1808

ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 8 of 8

9. Total number of Customers that attended Shredding event(s) and the number of pounds or tons of shredded material from each event, and date/location of each event.

10. Results of the Audit of Commercial Billings completed each July as described in Section

1.3.4 of the Attachment B Scope of Work.

11. Number of temporary vacation stops as described in Section 1.4 of Attachment B Scope of Work.

12. SB 1383 reporting items
a. The number of total generators receiving Food Scraps/Yard Trimmings Collection service
b. Number of waste characterizations conducted
c. Number of times notices or targeted education materials were issued by Contractor
d. The number of notifications received from a solid waste facility operator regarding materials Contamination
e. Number of Single-Family Residential households that do not have Food Scraps/Yard Trimmings cart. Number of Estates that do not have a Food Scraps/Yard Trimmings Cart or Bin
f. Number of Single Family Residential households that do not have a Recyclable Materials cart. Number of Estates that do not have a Recyclable Materials Cart or Bin.

13. Tons of Holiday Greenery collected from Residents and Multi-family Customers.

Exhibit K.1. Example of Red/Green Tracking Spreadsheet Account Listing PAGE 564 of 1808

ATTACHMENT L
Performance Bond
Attachment L Page 1 of 2

PERFORMANCE BOND FOR SAN MARINO
KNOW ALL PERSONS BY THESE PRESENTS, that
_______________________________________________________ hereinafter called the PRINCIPAL, and _________________________________________ _________________________________________________, a corporation duly organized under the laws of the State of ______________having its principal place of business at ______________________________________________, in the State of _________________, and authorized to do business as an admitted surety insurer in the State of California, hereinafter called the SURETY, are held and firmly bound to the City of SAN MARINO, a municipal corporation in the State of California, hereinafter called the OBLIGEE, in the sum of __________________ Dollars ($____________) lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT:

WHEREAS, the PRINCIPAL has entered into an Agreement with the OBLIGEE for the Collection, Transportation Processing and Diversion of Recyclable Materials, Food Scraps and Yard Trimmings and For the Collection, Transportation and Disposal of Municipal Solid Waste ("Agreement") and said PRINCIPAL is required under the terms of said Agreement to furnish a bond of faithful performance of said Agreement.

NOW, THEREFORE, if the PRINCIPAL shall well and truly perform and fulfill all of the undertakings, covenants, terms and agreements of said Agreement, and any modification thereto made as therein provided, at the time and in the manner therein specified, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.

The SURETY, for value received, hereby agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under, or the specifications incorporated therein shall impair or affect its obligations and its bond, and it hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or the specifications.

PROVIDED, however, that the SURETY shall not be liable (1) as respects to any obligations related to said Agreement occurring after one (1) year from (MONTH), 2025, unless this Bond is extended, (2) as respects to PRINCIPAL'S obligation to procure a replacement performance bond, as provided for in Section 13.03 of the Agreement. This Bond may be extended after (MONTH) 2025 in the sole discretion of the SURETY by means of a continuation certificate signed at least ninety (90) days prior to (MONTH), 2025 and thereafter at least ninety (90) days prior to the expiration of the Bond as extended.

In the event suit is brought upon this Bond by the OBLIGEE and said OBLIGEE is the prevailing party, the SURETY shall pay, in addition to the sums set forth above, all costs PAGE 565 of 1808
Attachment L Page 2 of 2
incurred by the OBLIGEE in such suit, including reasonable attorneys' fees to be fixed by the court.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument this ____ day of _____________, 2025, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

PRINCIPAL:
________________________
By: ______________________
SURETY:
__________________________
By:________________________
Attorney-In-Fact
* * *
Note: To be considered complete, both the principal and surety must sign this performance bond. In addition, the surety's signature must be notarized and a copy of the surety's power of attorney must be attached.

PAGE 566 of 1808

ATTACHMENT M
Not Used
PAGE 567 of 1808

ATTACHMENT N
Attachment N Page 1 of 35

ATTACHMENT N
Characterizations of Divertible Materials and MSW
Contractor shall conduct periodic characterizations of Divertible Materials and MSW to determine the levels of Contamination in the MSW, Recyclable Materials, and Cocollected Food Scraps/Yard Trimmings Carts and Bins.

The characterizations are of (a) Divertible Materials that will be delivered to Processing Facilities; and (b) MSW that will be delivered to a Disposal Site.

The purposes of the characterizations and audits are as follows:
(i) City compliance with CCR Title 14, Division 7, Chapter 12 Section 18984.5 for container Contamination minimization;
(ii) Measuring Contractor’s status regarding meeting the minimum performance standards in Article 10 of the Agreement; and (iii) Determining the quantities and types of Contamination in Divertible Materials and MSW being Collected in the City in order to identify sources of the Contamination and to reduce the levels of Contamination through additional public outreach, training, and enforcement of local, state and federal laws and regulations regarding Contamination.

The characterizations described herein are not intended to fulfill the requirements of, nor substitute for, the procedures described in CCR Title 14 Division 7, Chapter 3 Section 17409.5 et seq. that must be performed at Processing Facilities by the owner/operator.

Table 1 provides a summary of the characterizations required in each year of the Term.

The specific protocols that shall be used to conduct the characterizations and audits are also included in this Attachment N. The City or its representative may be present for any characterization described in this Attachment N. Contractor shall provide no less than thirty (30) calendar days advance notice to the City of when each characterization is scheduled.

PAGE 568 of 1808

ATTACHMENT N
Attachment N Page 2 of 35
Table 1. Summary Table of Characterizations Audits in Attachment N Sector Diversion Program
Required Frequency
of Characterizations
of
Divertible Materials &
MSW
Performance Requirements
Maximum
Contamination Level
for Jan 1, 2028-Dec
31, 2029
Maximum
Contamination Level
for Jan 1, 2030 –
December 3033
Residential: Single-Family
Dwellings
Recyclable
Materials 2x/year 30% 25%
Co-collected Food
Scraps/Yard
Trimmings
2x/year 30% 25%
MSW 2x/year 30% 25%
Residential: Estates
Recyclable
Materials 2x/year 30% 25%
Co-collected Food
Scraps/Yard
Trimmings
2x/year 30% 25%
Source – Separated
Yard Trimmings
2x/year 30% 25%
MSW 2x/year 30% 25%
Commercial
Recyclable
Materials 2x/year 30% 25%
Food Scraps 2x/year 30% 25%
MSW 2x/year 30% 25%
Multi-Family (when
activated by the City)
Recyclable
Materials 2x/year 30% 25%
Co-collected Food
Scraps/Yard
Trimmings – if
Applicable
2x/year 30% 25%
Food Scraps 2x/year 30% 25%
MSW 2x/year 30% 25%
This Attachment N is organized as shown in the following table of contents.

PAGE 569 of 1808

ATTACHMENT N
Attachment N Page 3 of 35
Table of Contents

1. Characterization Protocols for Divertible Materials and MSW.......................................... 4 1a. Characterization Protocol for Recyclable Materials Being Delivered to Clean MRF ..................................................................................................................................................... 5 1b. Characterization Protocol for Residential Co-collected Food Scraps/Yard Trimmings, Commercial and Multi-Family Source-separated Food Scraps Being Delivered to Processing Facilities........................................................................................ 10 1c. Characterization Protocol for MSW Being Delivered to Disposal Site .................... 16

1.d. Requirements If Contamination Exceeds 25%.......................................................... 20 1e. Characterization Methodology for C&D Processing Facilities.................................. 21

2. Assessment of Minimum Performance Standards for SB 1383 Program Implementation ........................................................................................................................... 22

2.1 Assessment of Percentage of SB 1383 Diversion Programs Fully Implemented as Required by Section 10.02.A................................................................................................ 22

2.2 Assessment of Minimum Performance Standards for Contamination Levels Achieved by Contractor as Required by Section 10.01 of the Agreement.................... 23

2.2.1 Assessment of 30% Maximum Levels of Container Contamination ................ 24

2.2.2. Assessment of 25% Maximum Level of Container Contamination ........................... 26 Exhibit N-1: Schedule of Characterization Studies to be Conducted During the Term of the Agreement..................................................................................................................................... 29 Exhibit N-2: Characterization Form for Recyclable Materials Being Delivered to Clean MRF.. 30 Exhibit N-3: Characterization Form for Co-Collected Food Scraps/Yard Trimmings and SourceSeparated Food Scraps Being Delivered to Processing Facility................................................... 31 Exhibit N-4: Characterization Form for MSW............................................................................. 32 Exhibit N-5 – Protocol to Calculate Composite Characterization Contamination Rate for Achievement of Minimum Performance Standards...................................................................... 33 PAGE 570 of 1808

ATTACHMENT N
Attachment N Page 4 of 35

1. Characterization Protocols for Divertible Materials and MSW Note: As used herein, “stream” refers to Single Family Residential, Residential Estates, Commercial or Multi-Family “streams”. “Component” refers to the type of material:

Recyclable Materials, Source-Separated Yard Trimmings, Source-Separated Food Scraps, Co-collected Food Scraps/Yard Trimmings, MSW, or Construction and Demolition Debris.

PILOT WASTE CHARACTERIZATIONS: As described in the Agreement, the Contractor shall implement a pilot-scale three stream (MSW, Single-stream Recyclables, and Cocollected Food Scrap and Yard Trimmings) program for at least 200 households on or before March 1, 2026. Prior to implementing the pilot-scale waste characterization, between January 1 – Feb 28, 2026, Contractor shall conduct a targeted ‘baseline’ waste characterization of the MSW stream of the neighborhood/routes targeted for the pilot program using the protocols set forth in this Attachment N. During the month of June 2026, after the pilot program has been active for 2 months, Contractor shall conduct a subsequent waste characterization study of all three streams (MSW, Single-stream Recyclables, and Co-collected Food Scrap and Yard Trimmings) for the neighborhood/route that is participating in the pilot scale co-collected food scrap and yard trimmings collection program. The results from the baseline and subsequent waste characterizations shall be included in the Contractor’s quarter 2 2026 Quarterly Report to the City. The pilot waste characterizations conducted between January 1 and June 30, 2026, and describe herein, shall not be used to evaluate the City’s contamination levels as described in the new Agreement, Article 10 but rather to determine contamination levels for informational purposes to plan and/or modify programs, assist customers with contamination minimization, and for public education and outreach planning, dissemination and targeting.

BASELINE WASTE CHARACTERIZATIONS: With the exception of the pilot waste characterizations described above, waste characterizations as described in this Attachment N shall begin 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 the new Agreement, Article 10, but rather to determine contamination levels for informational purposes in order to plan and/or modify programs, assist customers with contamination minimization, and for public education and outreach planning, dissemination and targeting.

The results of the waste characterizations and audits completed January 1, 2027 through December 31, 2027, shall be included in the monthly reports to the City and in the City’s CalRecycle Implementation Record.

PAGE 571 of 1808

ATTACHMENT N
Attachment N Page 5 of 35
1a. Characterization Protocol for Recyclable Materials Being Delivered to Clean MRF
The following protocol will be used to conduct characterizations at the Clean MRF(s) where the following material components are processed:
• Residential Single Family Stream – Recyclable Materials component • Residential Estate Stream - Recyclable Materials component • Commercial Stream – Recyclable Materials component
• Multi-Family Stream - Recyclable Materials component
Timing: Characterization studies shall be conducted two (2) times each year of the Term for the Recyclable Materials stream so that each study selects a sample during the ‘high season’ (June through September) and during the ‘low season’ (October through May) as shown in the table provided as Exhibit N-1 to this Attachment (Note: The quarters refer to calendar year quarters as noted in the footnote in Exhibit N-1). The first characterization shall take place beginning Quarter 1, 2027. The timing for when the characterization studies are conducted shall be staggered so that after two (2) years, one (1) characterization shall have taken place during each calendar quarter, with two (2) characterizations completed during the high season and two (2) during the low season.

Residential (Single Family and Estates) Scheduling Example: For example, beginning in Calendar Year 2027 (1/1/2027 – 12/31/2027), the Contractor shall conduct one (1) characterization study of Recyclable Materials in Calendar Quarter 1, 2027 (low season) and Calendar Quarter 3, 2027 (high season). In Calendar Year 2028 (1/1/2028 – 12/30/2028), the Contractor shall conduct one (1) characterization study of Recyclable Materials in Calendar Quarter 4, 2028 (low-season) and Calendar Quarter 2, 2028 (high season).

Commercial Scheduling example: For Calendar Year 2027 (1/1/2027 – 12/31/2027), the Contractor shall conduct one (1) Commercial characterization study of the Singlestream Recyclable Materials stream in Calendar Quarter 1, 2027 (low season) and one (1) during Calendar Quarter 2, 2027 (high season). In Calendar Year 2028 (1/1/2028 – 12/31/2028), the Contractor shall conduct one (1) characterization study of the Commercial Single-stream Recyclable Materials stream in Calendar Quarter 4, 2028 (low-season) and Calendar Quarter 3, 2028 (high season).

Multi-Family Scheduling example: For Calendar Year 2027 (1/1/2027 – 12/31/2027), if there are any Multi-Family units constructed and occupied in the City, the Contractor shall conduct one (1) Multi-Family characterization study of the Single-stream Recyclable Materials stream in Calendar Quarter 1, 2027 (low season) and one (1) during Calendar Quarter 2, 2027 (high season). In Calendar Year 2028 (1/1/2028 – 12/31/2028), the Contractor shall conduct one (1) characterization study of the Multi-Family Single-stream Recyclable Materials stream in Calendar Quarter 4, 2028 (low-season) and Calendar Quarter 2, 2028 (high season). These dates shall be adjusted based on the date of the City’s issuance of the Multi-Family Property’s Certificate of Occupancy.

PAGE 572 of 1808

ATTACHMENT N
Attachment N Page 6 of 35
See Exhibit N-1. for the schedule of characterization studies that shall be conducted during the Term of the Agreement.

Methodology:

Residential sampling protocol: For each Residential characterization study, loads shall be sampled only from Recyclable Materials Collected from Residences. Since the Contractor provides back-yard services (BYS) to all Residential accounts, the sampling collection methodologies included below must be closely coordinated with Collection operations to ensure the sampling team has access to Carts in Residents’ side and backyards.

Each characterization shall be done by hand (i.e. a manual sort not a mechanized sort) and total load weights shall be established for each load sampled. One sample shall represent the entirety of the contents of a Residential Single Family Recyclable Materials Cart. Samples shall be collected on the regular service day of the route being sampled.

Contractor shall sample only full Residential Carts. A ‘full’ cart is defined as seventy-five percent (75%) or more Cart capacity utilization. Samples shall be collected using one of the following options:
1) a box truck;
2) a flat-bed vehicle, or;
3) a dedicated back-yard service (BYS) collection vehicle during the service day for that geographic area that only collects samples for the purposes of conducting the characterization study.

NOTE: If Contractor is using a box truck or flat-bed vehicle to collect samples and will be removing the Cart from the premises (options 1 and 2 above), Contractor shall immediately replace each full Residential Cart that is Collected, with a clean Cart of the identical size, type and color. The clean replacement cart shall include a ‘hang-tag’ notifying the resident that their Cart was taken by Contractor and replaced with an identical Cart on the day of the characterization study and the reason why the Contractor is conducting the characterization. The notice(s) shall include Contractor’s telephone number, web site address, assurances that any of the Residents’ private information that may be found in the Cart will be kept confidential by Contractor, and at least one (1) social media method for Residents to obtain additional information, ask questions and receive answers from Contractor concerning the characterization. The protocols described herein for Cart removal and ‘hang tags’ are not required if the Contractor chooses to collect samples using option 3 above (a dedicated BYS collection vehicle to collect samples). If Option 3 is selected, and the requisite number of samples cannot fit into a single BYS vehicle, the Contractor will be required to consolidate the contents of the full Carts that will be sampled during the waste characterization into a roll-off box or front-end loader for transport to the sorting location.

PAGE 573 of 1808

ATTACHMENT N
Attachment N Page 7 of 35
Residential Estate sampling protocol: For each Residential Estate characterization study, loads shall be sampled only from Recyclable Materials Collected from Estate Residences. Residential Estate Customers generate large volumes of Materials and make use of both Carts and Bins for collection. To collect samples for Residential Estate Characterizations, Contractor shall service only Residential Estate Customers along a regularly scheduled route. The segregated load containing Recyclable Materials collected from Residential Estates shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.

Commercial sampling protocol: For each Commercial characterization study, loads shall be sampled only from Recyclable Materials Collected from Commercial Businesses.

To collect samples for Commercial Waste Characterizations, Contractor shall service only Commercial Bin Customers along a regularly scheduled route. The segregated load containing Recyclable Materials collected from Commercial Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.

Multi-Family sampling protocol: For each Multi-Family characterization study, which will begin within nine months of the date that the City’s Certificate of Occupancy is issued for that Multi-Family property. Loads shall be sampled only from Recyclable Materials Collected from Multi-Family accounts. To collect samples for Multi-Family Waste Characterizations, Contractor shall service only Multi-Family Bin Customers along a regularly scheduled route. The segregated load containing Recyclable Materials collected from Multi-Family Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.

Sample Selection Protocol for Residential, Residential Estate, Commercial, and Multi-Family Containers:

The following number of samples (i.e. full Carts or Bins) per sampled route shall be Collected as applicable to the sizes of San Marino routes:

1. For routes that service less than 1,500 generators per week the study shall include a minimum of 25 samples.

2. For routes that service 1,500-3,999 generators per week the study shall include a minimum of 30 samples.

3. For routes that service 4,000- 6,999 generators per week the study shall include a minimum of 35 samples.

4. For routes that service 7,000 or more generators per week the study shall include a minimum of 40 samples.

The characterization study shall include samples taken from different areas in the City along the sampled route that are representative of different neighborhoods and business districts in the City. Samples (i.e. “full” Carts, or Bins, as defined herein) may be gathered on a single day or on multiple service days over the course of the week, provided the PAGE 574 of 1808

ATTACHMENT N
Attachment N Page 8 of 35
above-described total minimum number of samples are collected from the route. A minimum of thirty (30) calendar days in advance of each characterization, Contractor shall provide City with a list and/or map of Residences (with addresses) identified for sampling during the upcoming characterization in order for City to review and make sure the samples will be taken from different areas of the City as described herein.

Sorting protocol: All of the material collected for sampling must be transported to a sorting area at a permitted solid waste facility where the presence of prohibited Contaminants for the Recyclable Materials stream is measured to determine the ratio of prohibited Contaminants present by weight. To determine the ratio of prohibited Contaminants after the field sample selection process is complete, the Contractor shall use the following protocol:

1. Take one sample of at least 200 pounds from the material collected from the Recyclable Materials stream for sampling (e.g. a 200-pound sample taken from the contents of all the blue-lidded Carts collected for sampling spread out on the tipping floor in a pile).

2. The 200-pound sample shall be randomly selected from different areas of the pile of Recyclable Materials. Materials shall be collected for sorting from the sample pile using a grid method and shall be hand collected. The grid method assigns an imaginary XY axis over the load after it is dumped on the tipping floor. Four random number pairings between 0-20 (for the long dimension of the load i.e. length) and 0-10 (for the shorter dimension of the load, i.e. width) shall be generated to identify the location of the samples on the load. Each sample shall weigh at least 50 lbs. and shall be collected by hand in a 60- to 90-gallon Cart.

3. For the 200-pound sample, remove any prohibited Contaminants and sort Recyclable Materials by commodity type. Place Contaminants and sorted Recyclable commodities into separate Carts. Determine the weight of prohibited Contaminants and sorted Recyclable commodities by weighing each Cart and deducting the Cart tare weight. Note the gross weight, and net weight for Contaminants manually using the worksheet provided in Exhibit N-2.

4. Calculate the composition percentage of both Contaminants and Recyclable commodities in the sample. To determine the ratio of prohibited Contaminants in the sample, divide the total net weight of prohibited Contaminants by the total weight of the sample. To determine the ratio of Recyclable commodities in the sample, divide the total net weight of each Recyclable commodity by the total weight of the sample.

Analysis: The results of the samples shall then be used to produce a characterization that shall be used to establish the percentage Diversion and the percent of Residue for the City’s Recyclable Materials routes. This characterization process shall be repeated twice annually to establish the next six-months’ tonnage allocation (e.g. percent Diverted and percent that is Contaminants) to account for seasonal fluctuations. Said tonnage allocation shall be used in and included in the tonnage reports described in Attachment K. Contractor shall apply the average of the results of each waste characterization to the Attachment K tonnage reports and include this average calculation in its report. For PAGE 575 of 1808

ATTACHMENT N
Attachment N Page 9 of 35
example, if it is the fourth characterization and the Diversion rate was 75% and the previous three characterization results where 85%, 90%, and 80%, the Diversion rate applied to the Attachment K reports for the next 6-month period would be 82.5% ((85%+90%+80%+75%)/4).

Non-recyclable contaminants found in the samples shall be photographed and noted to include in future outreach materials to remind Customers of the prohibition of these materials in the Recyclable Materials stream.

The Recyclable commodities sampled and sorted during this process shall be paper, cardboard, newsprint, mixed paper, plastics (numbers 1 & 2), mixed plastics, non-ferrous metals, tin, aluminum, and other Recyclable Materials as directed by the City. Exhibit N2 includes the characterization data collection sheet that shall be used during the characterization.

Calculating Density on Service: For purposes of determining the average densities of components Collected, and as a metric to evaluate Collection efficiencies and Cart capacity utilization, the Contractor shall perform the following calculation:

The net tonnage of the Recyclable Materials Collected in the sampled trucks (or sampled Carts) shall be calculated by dividing the total tons Collected of Recyclable Materials by the total on-service cubic yards Collected to calculate a density for the Recyclable Materials stream.

For example, if one load sampled weighed a total of 5 Tons and was Collected from 100 cubic yards on service, the average “material on service density” for this stream would be 100 lbs. per cubic yard. Cubic yards on service shall be calculated using actual route data (i.e. if one route sampled collected 100 64-gal carts, the yards on service for that route would be 6,400 gallons, or 31.7 cubic yards).

Reporting: Contractor shall submit a written report to the City semi-annually beginning with Contractor’s Quarterly Report for Q1, 2027. The report will summarize the results of the characterization study, including a summary of the characterization results; the measured weights for each commodity; the percent of each commodity found in each sample and in aggregate; a description and photographs of the types of Contaminant materials found during the characterization study; the average density on-service for the materials sampled (i.e. load weights divided by yards collected); locations where the samples were collected; and any other data requested by the City. Upon approval by the City, the results of the characterization study shall be applied to the Tons delivered to the Clean MRF and Tons of Contaminants delivered to the Landfill from the Clean MRF in subsequent monthly reports and shall be in effect until the results of the next characterization study are approved by the City.

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ATTACHMENT N
Attachment N Page 10 of 35
1b. Characterization Protocol for Residential Co-collected Food Scraps/Yard Trimmings, Commercial and Multi-Family Source-separated Food Scraps Being Delivered to Processing Facilities
The following protocol shall be used to conduct characterizations at the Processing Facilities where the following material components are processed:
• Residential Single Family Stream - Co-collected Yard Trimmings and Food Scraps component
• Residential Estate Stream - Co-collected Yard Trimmings and Food Scraps component
• Commercial Stream – Co-collected Yard Trimmings and Food Scraps component • Multi-Family Stream - Co-collected Yard Trimmings and Food Scraps component • Commercial stream – Source-separated Food Scraps component • Multi-Family stream – Source separated Food Scraps component Due to the distance to the City-approved Compost Facility in Attachment P, characterizations shall be conducted at Contractor’s transfer station or at another permitted solid waste facility selected by Contractor and approved by City.

Timing: Characterization studies shall be conducted two (2) times each year of the Term of the Agreement for the Residential Food Scrap/Yard Trimmings stream, the Commercial Source-separated Food Scraps, and Multi-Family Source-separated Food Scraps stream so that each study selects a sample during the ‘low season’ (October through March) and during the ‘high season’ (April through September) as shown in the table provided as Exhibit N-1 to this Attachment N. (Note: The quarters refer to calendar year quarters as noted in the footnote in Exhibit N-1). The first characterization(s) shall take place beginning calendar Quarter 1, 2027. The timing for when the characterization studies are conducted shall be staggered so that after two (2) years, one (1) Residential and one (1) Commercial and (1) Multi-Family characterization shall have taken place during each calendar quarter, with two (2) Residential, two (2) Commercial, and two (2) Multi-Family characterizations completed during the high season (Quarters 2 and 3) and two (2) Residential, two (2) Commercial and two (2) Multi-Family characterizations completed during the low season (Quarter 1 and 4).

Residential and Estate timing example: For example, for Calendar Year 2027 (1/1/2027 – 12/31/2027), the Contractor shall conduct one (1) Residential characterization study of the Co-Collected Food Scraps/Yard Trimmings stream in Calendar Quarter 1, 2027 (low season) and one (1) during Calendar Quarter 3, 2027 (high season). During Calendar Year 2028 (1/1/2028 – 12/31/2028), the Contractor shall conduct one (1) characterization study of the Residential Co-Collected Food Scraps/Yard Trimmings stream in Calendar Quarter 2, 2028 (high season) and Calendar Quarter 4, 2028 (lowseason).

San Marino City CouncilSeptember 10, 2025

San Marino City Council
September 10, 2025