Agenda packet, first session — South Gate City Council, July 12, 2022 (part 3 of 4)

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-5
324

EXHIBIT A

DEFINITIONS
"Designated Waste" Designated Waste consists of those substances classified as Designated Waste by the State, in Section 13173 of the California Water Code ((CA Water Code § 13173 (2017) as may be amended from time to time, and is defined as either of the following:
(a) Hazardous Waste that has been granted a variance from Hazardous Waste management requirements pursuant to Section 25143 of the Health and Safety Code. (b) Nonhazardous waste that consists of, or contains, pollutants that, under ambient environmental conditions at a waste management unit, could be released in concentrations exceeding applicable water quality objectives or that could reasonably be expected to affect beneficial uses of the waters of the State as contained in the appropriate state water quality control plan. "Divert" or "Diversion" (or any variation thereof) means to prevent Discarded Materials from Disposal at landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, Recycling, Composting, anaerobic digestion or other method of Processing, subsequent to the provisions of AB 939. Diversion is a broad concept that is to be inclusive of material handling and Processing changes that may occur over the Term including, but not limited to, changes in standard industry practice or implementation of innovative (but not necessarily fully proven) techniques or technology that reduce Disposal risk, decrease costs and/or are for other reasons deemed desirable by the City. "Diversion Coordinator" means the individual authorized by Contractor as described by Section 5.7.E.3. "Discarded Materials" means Recyclable Materials, Organic Materials, and Solid Waste placed by a Generator in a receptacle and/or at a location for the purposes of Collection by Contractor, excluding Excluded Waste.
"Disposal" or "Dispose" (or any variation thereof) means the final disposition of Solid Waste, or Processing Residue at a Disposal Facility.
"Disposal Facility" means a landfill, or other facility for ultimate Disposal of Solid Waste. "Dwelling Unit" means anyindividual living unit in a; Single-Family dwelling (SFD) or Multi-Family dwelling (MFD) structure or building, a mobile home, or a motor home located on a permanent site intended for, or capable of being utilized for, Residential living other than a Hotel or Motel. "Edible Food" means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement. "Effective Date" means the date on which the latter of the two Parties signs this Agreement.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-6
325

EXHIBIT A

DEFINITIONS
"Excluded Waste" means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Contractor reasonably believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be Disposed ofin Class Ill landfills, waste that in Contractor's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, or household batteries when properly placed for Collection by Contractor as set forth in this Agreement.
"Extra Service Tags" are tags approved by City and provided by the Contractor which may be purchased by Residents and affixed to a bag provided by Residents for the Collection of Solid Waste overages. "E-Waste" means discarded electronic equipment including, but not limited to, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices. Some E-Waste or components thereof may be Hazardous Waste or include Hazardous Substances and thus require special handling, Processing, or Disposal. "Field Supervisor" means the individual authorized by Contractor as described by Section 5.7.E.2. "Federal" means belonging to or pertaining to the Federal government of the United States. "Flow Control" means City right to direct Discarded Materials to a facility of the City's choosing. "Food Recovery" means actions to Collect and distribute food for human consumption which otherwise would be Disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). "Food Recovery Organization" means an entity that primarily engages in the Collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code; B. A nonprofit charitable organization as defined in Section 113841 ofthe Health and Safety code; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-7
326

EXHIBIT A

DEFINITIONS
Ifthe definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement. "Food Recovery Service" means a Person or entity that Collects and Transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26). "Food Scraps" means those Discarded Materials that will decompose and/or putrefy including: (i) all kitchen and table Food Waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable trimmings, houseplant trimmings and other Compostable Organic Waste common to the occupancy of Residential dwellings. Food Scraps are a subset of Food Waste. "Food-Soiled Paper" means Compostable paper material that has come in contact with Food Scraps or liquid, such as, but not limited to, Compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food Waste" means Source Separated Food Scraps, Food-Soiled Paper, and Compostable Plastics. Food Waste is a subset of Organic Materials.
"Generator" means any Person whose act or process produces Discarded Materials as defined in the Public Resources Code, or whose act first causes Discarded Materials to become subject to regulation. "Franchise Fee" means the fee paid by Contractor to the City as described in Section 7.1. "Gross Receipts" shall mean total cash receipts collected from Customers by the Contractor for the provision of services pursuant to this Agreement, without any deductions. Gross Receipts do not include revenues from the sale of Recyclable Materials.
"Hazardous Substance" means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "Hazardous Substances" "hazardous materials" "Hazardous Wastes", "toxic waste" "pollutant", or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 e. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, .; (iii) the Resource Conservation and Recovery Act, 42 USC j690l ; (iv) the Clean Water Act, 33 USC §1251 ; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 .; and, (vii) California Water Code §13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other Applicable Law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-8
ff 327

EXHIBIT A

DEFINITIONS
"Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the u.s. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 .), all future amendments thereto, and all rules and regulations promulgated thereunder.
"Holidays" are defined as New Year's Day, Thanksgiving Day, and Christmas Day. "Household Hazardous Waste" or "HHW" means Hazardous Waste generated at Residential Premises within the City. HHW includes: paint, stain, varnish, thinner, adhesives, auto products such as old fuel, used motor oil, used oil filter, batteries, household batteries, fluorescent bulbs, tubes, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets. "Infectious Waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.
'Jn-Home Recycling Container" refers to a small, easily portable tote bag with a capacity of at least three (3) gallons to be included by Contractor in the Multi-Family Move-in Kit to facilitate convenient accumulation of Recyclable Materials within a Multi-Family Dwelling Unit. "Liquidated Damages" means the amounts due by Contractor for failure to meet specific quantifiable standards of performance as described in Section 11.6. "Mixed Waste" means Organic Materials Collected in a Container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be transported to a High Diversion Organic Waste Processing Facility. "Multi-Family" or "MFD" means any Residential Premises, other than a Single-Family Premises, with five (5) or more Dwelling Units used for Residential purposes (regardless of whether residence therein is temporary or permanent), including such Premises when combined in the same building with Commercial establishments, that receive centralized, shared, Collection service for all units on the Premises which are billed to one (1) Customer at one (1) address. Customers residing in Townhouses, mobile homes, condominiums, or other structures with five (5) or more Dwelling Units who receive individual service and are billed separately shall not be considered Multi-Family. "Mulch" means a layer of material applied on top of soil, and, for the purposes of the Agreement, Mulch shall conform with the following conditions, or conditions as otherwise specified in 14 CCR Section 18993.1(f)(4):

A. Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-9
328

EXHIBIT A

DEFINITIONS
17852(a)(24.5)(A)(1) through (3).

B. Was produced at one or more of the following types of Facilities:

1. ACompostablematerialhandlingoperationorfacilityasdefinedinl4CCRSection 17852(a)(12), that is permitted or authorized under Division 7 of Title 14 of the CCR, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10); Guidance: Note that this criteria disallows Mulch produced from chipping and grinding operations to count toward fulfillment of a jurisdiction's annual Organic Waste product procurement target;

2. A Transfer/Processing Facility or Transfer/Processing operation as defined in 14 CCR Section 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR, Division 7, Chapter 12; or,

3. A Solid Waste landfill as defined in PRC Section 40195.1 that is permitted under 27 CCR, Division 2.
"Non-Collection Notice" means the notice as described in Section 4.10.1.D. "Occupant" means the Person who occupies a Premises. "Organic Materials" means Yard Trimmings and Food Waste, individually or collectively. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Recyclable Material and Solid Waste. Organic Materials are a subset of Organic Waste. "Organic Waste" means wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Yard Trimmings, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively. "Owner" means the Person(s) holding legal title to real property and/or any improvements thereon and shall include the Person(s) listed on the latest equalized assessment roll of the County Assessor. "Party" or "Parties" refers to the City and Contractor, individually or together. "Person(s)" means any individual, firm, association, organization, partnership, consortium, corporation, trust, joint venture, Commercial entity, governmental entity, public entity, or any other legal person. "Premises" means any land or building in the City where Recyclable Materials, Organic Materials, or Solid Waste are generated or accumulated.
"Processing" or "Process" means to prepare, treat, or convert through some special method.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-10
lm 329

EXHIBIT A

DEFINITIONS
"Processing Facility" means any plant or site used for the purpose of sorting, cleansing, treating or reconstituting Recyclable Materials, or Reusable Materials for the purpose of making such material available for Recycling or reuse or the facility for the Processing and/or Composting of Organic Materials. "Prohibited Container Contaminants" means the following: (i) Discarded Materials placed in the Recyclable Materials Container that are not identified as acceptable Recyclable Materials for the City's Collection program; (ii) Discarded Materials placed in the Organic Materials Container that are not identified as acceptable Organic Materials for the City's Collection program; (iii) Discarded Materials placed in the Solid Waste Container that are acceptable Recyclable Materials and/or Organic Materials to be placed in the City's Recyclable Materials or Organic Materials Containers or otherwise managed under the City's Collection program; and, (iv) Excluded Waste placed in any Container. "Proprietary Information" or "Proprietary" means that information provided by Contractor to the City which is protected from disclosure by the California Public Records Act and meets that definition of Proprietary Information. Nothing shall be considered Proprietary which is required to be submitted to the City in any report described in this Agreement. Contractor's Customer lists for Customers served under this Agreement are specifically not considered Proprietary for the purposes of this Agreement, however, the City may protect such information from disclosure consistent with the provisions of the Public Records Act.
"Public Street" means all City-owned and maintained paved areas between the normal Curb line of a roadway, including public parking lots, roadway dividers, and medians. "Rate" means the maximum amount, expressed as a dollar unit, approved by the City that the Contractor may bill a Customer for providing services under this Agreement. A Rate has been established for each individual Service Level and the initial Rates for Rate Period Zero and Rate Period One are presented in Exhibit G3. The Rates approved by City are the maximum Rate that Contractor may charge a Customer and Contractor may, in its sole discretion, charge any amount up to and including the maximum Rate approved by the City.
"Rate Period" means a twelve (12) month period, commencing January 1 and concluding December 31. "Recyclable Materials" means those Discarded Materials that: the Generators set out in Recyclables Containers for Collection for the purpose of Recycling by the Contractor and that exclude Excluded Waste.

No Discarded Materials shall be considered Recyclable Materials unless such material is separated from Organic Materials, and Solid Waste. Recyclable Materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, gabletop beverage containers, cereal, and other similar food boxes yet excluding paper tissues, paper towels, paper with plastic coating, paper contaminated with food, wax paper, foil-lined paper and cartons, Tyvex non-tearing paper envelopes); chipboard; corrugated Cardboard; glass containers of any City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-11
330

EXHIBIT A

DEFINITIONS
color (including brown, clear, and green glass bottles and jars); aluminum (including beverage containers and small pieces of scrap metal); steel, tin, or bi-metal cans; mixed plastics such as plastic containers (no. one (1) to seven (7)), except expanded Polystyrene (EPS); bottles including containers made of HDPE, LDPE, or PET; film plastic (when clean, dry, and contained inside of a plastic bag); dry cell household batteries when placed on the Recycling Cart in a sealed heavy-duty plastic bag; and, those materials added by the Contractor from time to time.
"Recycle" or "Recycling" means the Process of sorting, cleansing, treating, and reconstituting at a Recyclable Materials Processing Facility materials that would otherwise be Disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products. Recycling includes Processes deemed to constitute a reduction of landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201. "Related-Party Entity" means all businesses (including corporations, limited and general partnerships, and sole proprietorships) which are directly or indirectly related to Contractor by virtue of direct or indirect Ownership interests or common management shall be deemed to be affiliated with Contractor and included within the term "Related-Party Entity" as used herein. A Related-Party Entity shall include a business in which Contractor Owns a direct or indirect Ownership interest, a business which has a direct or indirect Ownership interest in Contractor and/or a business which is also Owned, controlled, or managed by any business or individual 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 Section 318(a) of the Internal Revenue code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, the (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining Ownership under this paragraph and constructive or indirect Ownership under Section 318(a), Ownership interest of less than ten percent (10%) shall be disregarded, and percentage interests shall be determined on the basis of the percentage of voting interest or value which the Ownership interest represents, whichever is greater. Related-Party Entities shall be limited to those businesses which are directly or indirectly involved in the provision of service under this Agreement.
"Renewable Natural Gas" or "RNG" means gas derived from Organic Waste that has been Diverted from a landfill and Processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62). "Residential" shall mean of, from, or pertaining to a Single-Family Premises or Multi-Family Premises including Single-Family homes, apartments, condominiums, Townhouse complexes, mobile home parks, and cooperative apartments.

City of South Gate, luly 12, 2022 Franchise Agreement, Exhibit A Page A-12
M2 331

EXHIBIT A

DEFINITIONS
"Residue" means those materials which, after Processing, are Disposed ratherthan Recycled due to either the lack of markets for materials or the inability of the Processing Facility to capture and recover the materials.
"Reusable Materials" means items that are capable of being used again after minimal Processing.

Reusable Materials may be Collected Source Separated or recovered through a Processing Facility. "Roll-Off Box" means an open-top Container with a capacity of ten (10) to forty (40) cubic yards that is serviced by a roll-off Collection vehicle.
"Service Opportunity" shall mean each individual scheduled opportunity the Contractor has to Collect from a Container at a Customer's location. For example, a Commercial Customer receiving Recyclable Materials Collection service two (2) times per week from two (2) Containers, Organic Materials Collection service two (2) times per week from (2) Containers, and Solid Waste Collection service two (2) times per week from two (2) Containers would have a total of twelve (12) Service Opportunities each week. Service Opportunities shall be calculated based on the subscription levels presented in Contractor's most recent Quarterly Report to City.
"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

For the purposes of this Agreement, SB 1383 specifically refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted on November 3, 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR. "Self-Hauler" or "Self-Haul" means a Person who hauls Discarded Materials, recovered material, or any other material, that such Person generates at their own Premises, to another Person, or as otherwise defined in 14 CCR Section 18982(a)(66). Self-Hauler also includes a Person who back-hauls waste from Premises they own and operate, as defined in 14 CCR Section 18982(a)(66)(A). "Service Level" refers to the size of a Customer's Container and the frequency of Collection service. "Single-Family" or "SFD" means any detached or attached house or residence designed or used for occupancy by one (1) family, provided that Collection service feasibly can be provided to such Premises as an independent unit, and the Owner or Occupant of such independent unit is billed directly for the Collection service. Single-Familyincludes Townhouses, and each independent unit of duplex, tri-plex, four- plex Residential structures, regardless of whether each unit is separately billed for their specific Service Level. Multi-Family properties of five or more units that receive Single-Family Cart service are considered Single-Family if each unit is billed directly by Contractor.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-13
/,,:=3332

EXHIBIT A

DEFINITIONS
"Solid Waste" means Solid Waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, §40191 and regulations promulgated hereunder. Excluded from the definition of Solid Waste are Excluded Waste, C&D, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste. Notwithstanding any provision to the contrary, Solid Waste mayinclude de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of Household Hazardous Waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid Waste includes salvageable materials only when such materials are included for Collection in a Solid Waste Container not Source Separated from Solid Waste at the site of generation.
"Source Separated" means the segregation, by the Generator, of materials designated for separate Collection for some form of Recycling, Composting, recovery, or reuse. "Specialty Recyclable Material" means material not specified in this Agreement that can be or will be Collected for purposes of Recycling. Such Specialty Recyclable Material may include, but is not limited to, scrap metal, high-grade paper (including office mixed paper), pallets, and plastic film. "Split-Bin" means a Bin that is split or divided into two (2) sections in order to segregate two (2) Source Separated Discarded Material types in one Container. "State" means the State of California.
"Subcontractor" means a Party who has entered into a contract, express or implied, with the Contractor for the performance of an act that is necessary for the Contractor's fulfillment of its obligations for providingserviceunderthisAgreement. VendorsprovidingmaterialsandsuppliestoContractorshallnot be considered Subcontractors.
"Term" means the Term of this Agreement, including extension periods if granted, as provided for in Article 2.
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

Supermarket.

Grocery Store with a total facility size equal to or greater than 10,000 square feet.

Food Service Provider.

Food Distributor.

Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-14
[4 333

EXHIBIT A

DEFINITIONS
"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

Hotel with an on-site food facility and two hundred (200) or more rooms.

Health facility with an on-site food facility and one hundred (100) or more beds.

Large Venue.

Large Event.

A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

A local education agency with an on-site food facility. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement. "Ton" or "Tonnage" means a unit of measure for weight equivalent to two thousand (2,000) standard pounds where each pound contains sixteen (16) ounces. "Total Service Opportunities" shall mean the sum of all Service Opportunities in a given time period. "Townhouse" means an attached or semi-attached Single-Family Premises within a group of attached or semi-attached Single-Family Premises, regardless ofwhetherthe Premises is billed individually orthrough a central account (e.g., homeowner association, property manager), wherein each unit maintains individual Collection service subscription, as determined in writin@ by the City Manager. "Trade Secrets" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) derives actual independent economic value from not being generally known to the public or to other Persons who can obtain economic value from its disclosure or use; and, (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. "Transfer" means the act of transferring the materials Collected by Contractor in its route vehicles into larger vehicles for Transport to other facilities for the purpose of Recycling or Disposing of such materials. "Transportation" or "Transport" means the act of conveying Collected materials from one location to another.
"Universal Waste" or "U-Waste" means all wastes as defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations. These include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and E-Waste.
"Working Days" means days on which the Contractor is required to provide regularly scheduled Collection services under this Agreement.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-15
#6 334

EXHIBIT A

DEFINITIONS
"Yard Trimmings" means those Discarded Materials that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of Organic Materials resulting from normal yard and landscaping maintenance that may be specified in City Legislation for Collection and Processing as Organic Materials u nder this Agreement. Yard Trimmings does not include items herein defined as Excluded Waste. Yard Trimmings are a subset of Organic Materials.

Yard Trimmings placed for Collection may not exceed six (6) inches in diameter and three (3) feet in length and must fit within the Contractor-provided Container.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-16
335
EXHIBIT B:

DIRECT SERVICES
The following Exhibits (Bl through B5) describe the programs which, in aggregate, represent the direct services to be performed under this Agreement by the Contractor.

Each of the following Exhibits (Bl through B5) present the programs to be provided to each Customer Type by Contractor. Within each program description are specific requirements for the:
* Type and size of Containers or Service Level to be offered by Contractor under each program; * Frequency of service to be offered by Contractor to Customers; * Location of service, including an indication of whether or not additional charges may apply if a Customer selects a location that is more costly to serve (e.g., back-yard service); * Materials that are acceptable or prohibited within the program; * Provision of additional services to the Customer if the standard Service Levels are inadequate, either on a regular or periodic basis, and an indication of whether or not additional charges may apply; and/or,
* Other requirements and considerations of the program.

Contractor shall provide the services for each program described in accordance with the specific program requirements detailed in Exhibits Bl through B5 and Contractor shall promote such programs using the public education and outreach methods described in Exhibit C.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B Page B-1
336
EXHIBIT 81

SINGLE-FAMILY RESIDENTIAL SERVICES

1. Recyclable Materials Collection
Contractor shall Collect Recyclable Materials placed in Contractor-provided Containers one (1) time per week from Single-Family (including Townhouse) Customers and Transport all Recyclable Materials to the Approved Recyclable Materials Processing Facility for Processing.

Containers:

Container Sizes:

Service Frequency:

Carts
32-, 64-, and 96-gallons (or comparable sizes approved by the City).

Standard Container size is 96-gallon. 64 or 32-gallon service shall be made available for no reduction in charge, upon request by Customer.

One (1) time per week on the same day as Organic Materials and Solid Waste Collection services.

Service Location: Curbside or alley
Acceptable Materials: Recyclable Materials
Prohibited Materials: Solid Waste, Organic Materials, Excluded Waste Additional Service: Single-Family Customers shall receive one (1) Recyclable Materials Cart standard and may request an unlimited number of additional Recyclable Materials Carts at no additional charge.

Other Requirements: Contractor shall accept household batteries in the Recyclable Materials program, provided that those batteries have been separately packaged in a sealed, fluorescent, storage plastic bag and placed on top of the Recyclable Materials Cart.

Contractor may refuse to Collect a Recyclable Materials Container that contains Prohibited Container Contaminants in the manner and subject to the limits described in Section 4.10 and provided that Contractor leaves a Non-Collection Notice in accordance with Section 5.3 of this %reement. Contractor shall keep a record of all Non-Collection Notices and Courtesy Pick-Up Notices issued to Customers, recording at a minimum the date, Customer address, and material type of the Container in question.

2. Organic Materials Collection
Contractor shall Collect Organic Materials placed in Contractor-provided Carts one (1) time per week from Single-Family Customers (including Townhouse) and Transport all Organic Materials to the Approved Organic Materials Processing Facility for Processing.

Containers:

Container Sizes:

Service Frequency:

Carts
32, 64, 96-gallons (or comparable size approved by the City). Standard Container size is 96-gallon. 64 or 32-gallon service shall be made available for no reduction in charge, upon request by Customer.

One (1) time per week on the same day as Recyclable Materials and Solid Waste City oF South Gate, July 12, 2022 Franchise Agreement, Exhibit Bl Page Bl-1
337
EXHIBIT Bl

SINGLE-FAMILY RESIDENTIAL SERVICES
Service Location:

Collection service.

Curbside
Acceptable Materials: Organic Materials (including Yard Trimmings and Food Waste) Prohibited Materials: Recyclable Materials, Solid Waste, Excluded Waste Additional Service: Single-Family Customers shall receive one (1) Organic Materials Cart standard and may request up to two (2) additional Organic Materials Carts at no additional charge. Contractor shall provide additional Organic Materials Carts to Single- Family Customers upon request and may charge the appropriate Rate approved by the City.

Other Requirements: Contractor shall provide to all Single-Family Customers kitchen pails designed to contain Food Scraps priorto placement in the Customer's Organic Materials Cart.

Kitchen pail specifications shall be approved by the City prior to ordering and distribution.

If Contractor's Approved Organic Facility accepts Compostable Plastic bags, Single-Family Customers may place Organic Materials in Compostable Plastic bags and then place the bagged Organic Materials into their Organic Materials Carts for Collection. Such bags must be labeled as "Compostable" by the manufacturer and certified by BPI. Contractor shall submit the required Compostable Plastic Processing notifications in accordance with Section 4.1.J and Exhibit F of this Agreement.

Contractor may refuse to Collect an Organic Materials Container that contains Prohibited Container Contaminants in the manner and subject to the limits described in Section 4.10 and provided that Contractor leaves a Non-Collection NoticeinaccordancewithSection5.3.BofthisAgreement. Contractorshallkeep a record of all Non-Collection Notices and Courtesy Pick-Up Notices issued to Customers, recording at a minimum the date, Customer address, and material type of the Container in question.

3. Solid Waste Collection
Contractor shall Collect Solid Waste placed in Contractor-provided Carts one (1) time per week from Single-Family Customers (including Townhouse) and Transport all Solid Waste to the Approved Disposal Facility for Disposal.

Containers:

Container Sizes:

Service Frequency:

Carts
32-, 64-, and 96-gallons (or comparable sizes approved by the City).

Standard Container size is 96-gallon. 64 or 32-gallon service shall be made available for no reduction in charge, upon request by Customer.

One (1) time per week on the same day as Recyclable Materials and Organic Materials Collection service.

Service Location: Curbside
Acceptable Materials: Solid Waste
Prohibited Materials: Recyclable Materials, Organic Materials, Excluded Waste City of South Gate, July 12, 2022 Franchise Agreement, Exhibit Bl Page Bl-2
IW 338
EXHIBIT Bl

SINGLE-FAMILY RESIDENTIAL SERVICES
Additional Service: Contractor shall provide additional Solid Waste Carts to Single-Family Customers upon request and may charge the appropriate Rate approved by the City.

Other Requirements: None

4. Section Resenred

5. On-Call Bulky Item/Reusable Materials Collection Contractor shall Collect Bulky Items, Reusable Materials, and other materials described herein from Single-Family Customers (including Townhouse). Contractor shall Transport all Collected materials to the appropriate Approved Facility for reuse, Processing, or Disposal.

Containers:

Service Level:

Service Frequency:

Service Location:

Acceptable Materials:

Not applicable
Up to ten (10) Bulky Items/Reusable Materials
Monthly
Curbside
Reusable Materials, Bulky Items, Recyclable Materials, Yard Trimmings, Electronic Waste, and Solid Waste
Prohibited Materials: Food Scraps, Hazardous Materials, abandoned automobiles, trees, Excluded Waste or any single item (e.g., large auto parts, etc.) that exceeds two hundred (200) Ibs. in weight
Additional Service: Contractor shall Collect additional Acceptable Materials (as described herein) that exceed the required Service Level (as requested by Customer) and may charge the appropriate Rates approved by the City for such additional service.

Other Requirements: Contractor shall provide the service to the Customer within one (1) Working Day of the Customer's requested service date, as mutually agreed upon by the Customer and Contractor. Contractor shall not Dispose of materials Collected through the on-call Bulky Item/Reusable Materials Collection program unless the materials cannot be reused or Recycled. Contractor shall Process and Dispose of Bulky Items and Reusable Materials Collected from Customers in accordance with the following hierarchy: (1) reuse as is (where energy efficiency is not compromised); (2) disassemble for reuse or Recycling; (3) Recycle or Compost; and if none of the other options are practicable; then, (4) Dispose.

6. Holiday Tree Collection
Annually, commencing the day after December 25 and two (2) weeks thereafter, the Contractor shall Collect holiday trees from Single-Family Customers (including Townhouse). Customers are required to place the holiday trees Curbside on the Customer's regularly scheduled Collection day. Holiday trees must be removed from stands; cutinto lengths no longerthan four (4) feet; and, be free of ornaments, garlands, tinsel, flocking, or other decorations. The Contractor shall not be required to Collect holiday trees that do not meet the aforementioned criteria. The Contractor shall affix a Non-Collection Notice to any non- City of South Gate, July 12, 2022 Franchise Agreement, Exhibit Bl Page Bl-3
//O 339
EXHIBIT Bl

SINGLE-FAMILY RESIDENTIAL SERVICES
Collected tree informing the Customer of the reason(s) for Non-Collection. Contractor may charge City- approved Rates to return and Collect a previously non-Collected holiday tree that has been corrected and set out. Contractor shall deliver all Collected holiday trees to the Approved Organic Materials Processing Facility for Processing.

Holiday tree Collection services shall be provided at no additional cost to the City or the Customer.

7. Alternative Senrice Location for Disabled Single-Family Customers Contractor shall allow for Persons that have a disability as defined by the Americans with Disabilities Act (which means Public Law 101-336, 104 Stat. 327, 42 u.s.c. 12101-12213 and 27 u.s.c. 225 and 611, and all Federal rules and regulations relating thereto) that are Occupants of Single-Family Premises (including Townhouse Premises) to receive Collection services at a location other than Curbside at no extra charge to the Customer. Contractor shall review all applications (which shall include statements from physicians) made by Customers to determine conformance with this exemption provision and shall grant exemptions, if applicable. Contractor shall make reasonable accommodations with regard to provision of and servicing of Containers (e.g., Container size and type, placement of Containers for Collection, etc.) at no additional cost to the Customer. Upon Customer request, Contractor may make such alternative service locations available to Single-Family Customers that do not have a disability (as defined herein) for an additional, City-approved Rate.

8. Sharps Waste Collection
Contractor shall provide Customers, at no additional charge, within one week of request, a pre-paid, postage-paid mail-back container to safely collect Sharps and send Sharps for proper Disposal. Contractor shall also make Sharps Containers available at pick-up location in the City as an alternative for the Customer. Residents are limited to four (4) Containers at no additional charge per year. Each Container shall be of adequate volume to accommodate the needs of a diabetic Person for a three-month period.

9. Temporary Bin Service
Contractor shall provide exclusive temporary Bin Service to Customers upon request for Collection of Solid Waste, Recyclable Materials, and Organic Materials. Contractor must deliver a temporary Bin to a Customer by the following business day (excluding Saturday, Sunday or Holidays), if requested by 12:00 noon;otherwise,deliveryshallbenolaterthanthesecondday. RatesfortemporaryBinServicearelisted separately in the approved rate schedule.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit Bl Page Bl-4
340
EXHIBIT B2

MULTI-FAMILY RESIDENTIAL SERVICES

1. Recyclable Materials Collection
Contractor shall Collect Recyclable Materials placed in Contractor-provided Containers from Multi-Family Customers receiving Solid Waste Bin service in accordance with the approved rate schedule and shall Transport all Recyclable Materials to the Approved Recyclable Materials Processing Facility for Processing.

Recyclable Materials Collection Services shall be provided to Multi-Family Customers at no additional charge.

Containers:

Container Sizes:

Carts, Bins
32-, 64-, and 96-gallon Carts (or comparable size approved by the City); and 1-, 2-, 3-, 4-, 5-, and 6-cubic yard Bins, and 3 cubic yard Split-Bins.

As requested by Customer
Service Frequency:

Service Location:

Up to six (6) times per week but not less than one (1) time per week (as requested by Customer), unless the Customer has received a Collection frequency waiver for Recyclable Materials in accordance with Section 4.9.2, in which case service frequency shall be not less than one (1) time per fourteen (14) days.

Curbside or other Customer-selected service location at the Multi-Family Premises
Acceptable Materials: Recyclable Materials
Prohibited Materials: Organic Materials, Solid Waste, Excluded Waste Additional Service: Special pick-ups requested by a Customer, on days other than their regularly scheduled Collection day, will be available at an approved additional charge. Such additional picks-ups can be scheduled equating to up to six (6) days per week total service.

Other Requirements:

Contractor shall make contact with each and every Multi-Family Customer in advance of the Commencement Date to determine appropriate Container sizes and service frequency. Contractor shall deliver Recyclable Materials Containers to each and every Multi-Family Customer at the same time that the Contractor delivers Solid Waste Containers.

Contractor shall open and close gates, push and/or pull Containers, lock and unlock Containers, or perform other services as reasonably necessary to access and service Containers (additional charge may apply).

Contractor may refuse to Collect a Recyclable Materials Container that contains Prohibited Container Contaminants in the manner and subject to the limits described in Section 4.10 and provided that Contractor leaves a Non-Collection Notice in accordance with Section 5.3.B of this Agreement. Contractor shall keep a record of all Non-Collection Notices and Courtesy Pick-Up Notices issued to Customers, recording at a minimum the date, Customer address, and material type of the Containerin question.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B2 Page B2-1
341
EXHIBIT B2

MULTI-FAMILY RESIDENTIAL SERVICES

2. Organic Materials Collection
Contractor shall Collect Organic Materials, or Mixed Waste in Contractor-provided Containers not less than one (1) time per week from Multi-Family Customers and Transport all Organic Materials to the Approved Organic Materials Processing Facility for Processing, and Mixed Waste to the Approved High DiversionOrganicsWasteProcessingFacilityforProcessing. OrganicMaterialsorMixedWasteCollection services shall be provided to Multi-Family Customers receiving Bin service in accordance with the approved rate schedule.

Containers:

Container Sizes:

Carts, Bins
Service Frequency:
32-, 64-, and 96-gallon Carts (or comparable size approved by the City); and, 1-, 2-, 3-, and 4-cubic yard Bins.

As requested by Customer.

Up to six (6) times per week but not less than one (1) time per week, as requested by the Multi-Family Customer.

Curbside or other Customer-selected service location at the Multi-Family Premises
Acceptable Materials: Organic Materials (including Yard Trimmings and Food Waste), or Mixed Waste Prohibited Materials: Recyclable Materials,, Excluded Waste, Solid Waste in Source-Separated Organic Material Containers
Service Location:

Additional Service: Special pick-ups requested by a Customer, on days other than their regularly scheduled Collection day, will be available at an approved additional charge. Such additional picks-ups can be scheduled equating to up to six (6) days per week total service.

Other Requirements: Contractor shall provide to all Multi-Family Dwelling Units kitchen pails designed to contain Food Scraps prior to placement in the Customer's Organic Materials or Mixed Waste Container. Kitchen pail specifications shall be approved by the City prior to ordering and distribution.

Contractor shall make contact with each and every Multi-Family Customer in advance of the Commencement Date to determine appropriate Container sizes andservicefrequency. Contractorshalldeliver0rganicMaterialsorMixedWaste Containers to each and every Multi-Family Customer at the same time that the Contractor delivers Solid Waste Containers.

Contractor shall open and close gates, push and/or pull Containers, lock and unlock Containers, or perform other services as reasonably necessary to access and empty Containers (additional charge may apply).

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B2 Page B2-2
iz3 342
EXHIBIT 82

MULTI-FAMILY RESIDENTIAL SERVICES

3. Solid Waste Collection
Contractor shall Collect Solid Waste placed in Contractor-provided Containers not less than one (1) time per week from Multi-Family Customers and Transport all Solid Waste to the Approved Disposal Facility for Disposal.

Containers:

Container Sizes:

Carts, Bins
32, 64-, and 96-gallon Carts (or comparable size approved by the City); and 1-, 2-, 3-, 4-, 5-, and 6-cubic yard Bins, and 3 cubic yard Split-Bins.

As requested by Customer.

ServiceFrequency: Uptosix(6)timesperweekbutnotlessthanone(1)timeperweek,asrequested by Customer, unless the Customer has received a Collection frequency waiver for Solid Waste in accordance with Section 4.9.2, in which case service frequency shall be not less than one (1) time per fourteen (14) days.

ServiceLocation: Curbside or other Customer-selected service location at the Multi-Family Premises
Acceptable Materials: Solid Waste
Prohibited Materials: Recyclable Materials, Organic Materials, Excluded Waste Additional Service: Special pick-ups requested by a Customer, on days other than their regularly scheduled Collection day, will be available at an approved additional charge.

Other Requirements: Contractor shall make contact with each and every Multi-Family Customers in advance of the Commencement Date to determine appropriate Container sizes and service frequency.

4. Bulky Item/Reusable Materials Collection
Contractor shall Collect Bulky Items, Reusable Materials, and other materials described herein from Multi- Family Customers. Tenants, property managers, and/or owners of Multi-Family properties may request Bulky Item/Reusable Materials Collection. Contractor shall Transport all Collected materials to the appropriate Approved Facility for reuse, Processing, or Disposal.

Containers: Not applicable
Service Level: Up to ten (10) Bulky Items/Reusable Materials Per Dwelling Unit Per Month Service Frequency: Monthly
Service Location: To be determined by Contractor and property owner or property manager Acceptable Materials: Reusable Materials, Bulky Items, Recyclable Materials, Yard Trimmings, Electronic Waste, and Solid Waste
Prohibited Materials: Food Scraps, Hazardous Materials, abandoned automobiles, trees, Excluded Waste or any single item (e.g., large auto parts, etc.) that exceeds two hundred City of South Gate, luly 12, 2022 Franchise Agreement, Exhibit B2 Page B2-3
iW 343
EXHIBIT B2

MULTI-FAMILY RESIDENTIAL SERVICES
(200) Ibs. in weight
AdditionalService: ContractorshallCollectadditionalAcceptableMaterials(asdescribedherein)that exceed the required Service Level (as requested by Customer) and may charge the appropriate Rates approved by the City for such additional service.

5. Holiday Tree Collection
Annually, commencing the day after December 25 and two (2) weeks thereafter, or as otherwise approved by the City Manager, Contractor shall Collect Holiday trees from Multi-Family Customers at a mutually agreed upon time, date, and designated Collection location, as arranged by the Contractor and each Multi- Family property Owner or manager. Contractor shall offer each Multi-Family property Owner or manager the option to receive Christmas tree Collection service in Bins or Roll-Off Boxes, which Contractor shall provide for such service. Contractor shall also offer each Multi-Family property Owner or manager the option to receive un-containerized Christmas tree Collection service Curbside, orfrom designated location at the Multi-Family Premises mutually agreed upon between Contractor and the property Owner or manager.

Holiday trees must be removed from stands; cut into lengths no longer than four (4) feet; and, be free of ornaments, garlands, tinsel, flocking, or other decorations. The Contractor shall not be required to Collect holiday trees that do not meet the aforementioned criteria and/or are not placed at the agreed upon Collection location and time period. The Contractor shall affix a Non-Collection Notice to any non- Collected holiday tree informing the Customer of the reason(s) for Non-Collection.

6. Scout Vehicles
Upon Customer request and approval by the City Manager, Contractor shall provide scout service in accordance the approved rate schedule, whereby Contractor will access Containers using a small vehicle either to move Containers to street or other public right-of-way for Collection, or Collecting directly from Container storage location, or retrieve a Container when operationally required in order to safely position the Container for Collection. In the event of a dispute between Contractor and Customer as to whether scout service will be used, the City Manager will make the final determination.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B2 Page B2-4
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EXHIBIT B2

MULTI-FAMILY RESIDENTIAL SERVICES
Customers requiring Bin pushout service and scout service shall only be charged for scout service in accordance with the approved rate schedule.

If Contractor must place a Containerin the public right-of-way to facilitate Collection, Contractor shall not permit the Container to remain in the public right-of-way over one hour. If the Container is stored under a chute for Collection, the Container must be serviced and returned immediately.

Any changes to the Customer scout service list shall be approved by City prior to Contractor adding or removing this service for any Customer.

7. Bin Pushout Senrice
Upon Customer request, Contractor shall provide Bin pushout service, whereby Contractor will move Containers manually to facilitate Collection. The Contractor may charge the pushout rates included in the approved rate schedule. For Containers in Bin enclosures, the measurement of distance shall be from location of the Bin once removed from the enclosure to the point of Collection. In the event of a dispute between Contractor and Customer as to whether pushout service will be used, the City Manager will make the final determination. If a Bin pushout fee is charged, then a scout service fee shall not be charged.

If Contractor must place a Bin in the public right-of-wayto facilitate Collection, Contractor shall not permit the Bin to remain in the public right-of-way over one hour. If the Bin is stored under a chute for Collection, the Bin must be serviced and returned immediately.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B2 Page B2-5
345
EXHIBIT B3

COMMERCIAL SERVICES

1. Recyclable Materials Collection
Contractor shall Collect Recyclable Materials placed in Contractor-provided Containers from Commercial Customers subscribing to Recyclable Materials Collection service and Transport all Recyclable Materials to the Approved Recyclable Materials Processing Facility for Processing. Recyclable Materials Collection services shall be provided to Commercial Customers in accordance with the approved rate schedule.

Containers:

Container Sizes:

Carts, Bins, Roll-Off Boxes, and Compactors
32-, 64-, and 96-gallon Carts (or comparable size approved by the City); 1 -, 2-, 3-, 4-, 5-, and 6- cubic yard Bins; 3 cubic yard Split-Bins; 2 -, 3-, and 4-cubic yard Bin Compactors, and,
10-, 20-, 30-, and 40- cubic yard Roll-Off Boxes; or, Customer Owned Compactors
As requested by Customer.

Service Frequency:

Service Location:

Up to six (6) times per week but not less than one (1) time per week, as requested by Customer; unless the Customer has received a Collection frequency waiver for Recyclable Materials in accordance with Section 4.9.2, in which case service frequency shall be not less than one (1) time per fourteen (14) days Curbside or other Customer-selected service location at the Commercial Premises.

Acceptable Materials: Recyclable Materials
Prohibited Materials: Organic Materials, Solid Waste, Excluded Waste Additional Service: Special pick-ups requested by a Customer, on days other than their regularly scheduled Collection day, will be available at an approved additional charge. Such additional picks-ups can bescheduled equatingto uptosix (6) days perweektotal 5eMCe.

Other Requirements: Contractor shall make contact with each and every Commercial Customer in advance of the Commencement Date to determine appropriate Container sizes and service frequency. Contractor shall deliver Recyclable Materials Containers to each and every Commercial Customer at the same time that the Contractor delivers Solid Waste Containers, unless that Commercial Customer is exempted from Recyclable Materials services by the City or has demonstrated to the City that it is Diverting Recyclable Materials through subscription with another City- approved hauler, or other City-approved method.

Contractor may refuse to Collect a Recyclable Materials Container that contains Prohibited Container Contaminants in the manner and subject to the limits described in Section 4.10 and provided that Contractor leaves a Non-Collection City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B3 Page B3-1
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EXHIBIT 83

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Notice in accordance with Section 5.3.B of this Agreement. Contractor shall keep a record of all Non-Collection Notices and Courtesy Pick-Up Notices issued to Customers, recording at a minimum the date, Customer address, and material type of the Container in question.

2. Organic Materials Collection
Contractor shall Collect Organic Materials or Mixed Waste placed in Contractor-provided Containers not less than one (1) time per week from Commercial Customers and Transport all Organic Materials to the Approved Commercial Organic Materials Processing Facility for Processing and Mixed Waste to the Approved High Diversion Organics Waste Processing Facility for Processing. Organic Materials Collection services shall be provided to Commercial Customers in accordance with the approved rate schedule.

Nothing in this Section of Exhibit B3 shall prevent other Persons from also providing similar services to businesses in the City, and charging for such service, provided that such Persons maintain a City-issued permit granting such right, in accordance with the City's Municipal Code.

Containers:

Container Sizes:

Service Frequency:

Carts, Bins, Compactors
32-, 64-, and 96-gallon Carts (or comparable size approved by the City); 1-, 1.5-, and 2- cubic yard Bins; and,
Customer-owned Compactors
As requested by Customer.

U p to six (6) times per week but not less than one (1) time per week, as requested by Customer.

Service Location: Curbside or other Customer-selected service location at the Commercial Premises.

Acceptable Materials: Organic Materials (including Yard Trimmings and Food Scraps), or Mixed Waste Prohibited Materials: Recyclable Materials, Excluded Waste, Solid Waste in Source-Separated Organic Material Containers
Additional Service: Special pick-ups requested by a Customer, on days other than their regularly scheduled Collection day, will be available at an approved additional charge. Such additional picks-ups can be scheduled equating to up to six (6) days per week total service
Other Requirements: Contractor shall make contact with each and every Commercial Customer in advance of the Commencement Date to determine appropriate Container sizes and service frequency. Contractor shall deliver Organic Materials or Mixed Waste Containers to each and every Commercial Customer at the same time that the Contractor delivers Solid Waste Containers, unless that Commercial Customer is exempted from Organic Materials services by the City or has demonstrated to the City that it is Diverting Organic Materials through subscription with another City- approved hauler, or other City-approved method.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B3 Page B3-2
347
EXHIBIT B3

COMMERCIAL SERVICES
Contractor may refuse to Collect an Organic Materials Container that contains Prohibited Container Contaminants in the manner and subject to the limits described in Section 4.10 and provided that Contractor leaves a Non-Collection NoticeinaccordancewithSection5.3.BofthisAgreement. Contractorshallkeep a record of all Non-Collection Notices and Courtesy Pick-Up Notices issued to Customers, recording at a minimum the date, Customer address and material type of the Container in question.

3. Solid Waste Collection
Contractor shall Collect Solid Waste placed in Contractor-provided Containers not less than one (1) time per week from Commercial Customers and Transport all Solid Waste to the Approved Disposal Facility for Disposal. Solid Waste Collection services shall be provided to Commercial Customers in accordance with the approved rate schedule.

Containers:

Container Sizes:

Carts, Bins, Roll-Off Boxes, Compactors.
32-, 64-, and 96-gallon Carts (or comparable size approved by the City); 1 -, 2-, 3-, 4-, 5-, and 6- cubic yard Bins; 3 cubic yard Split-Bins; 2-, 3-, and 4-cubic yard Bin Compactors, and,
10-, 20-, 30-, and 40- cubic yard Roll-Off Boxes; or Customer Owned Compactors.

As requested by Customer.

Service Frequency:

Service Location:

Up to six (6) times per week but not less than one (1) time per week, as requested by Customer.

Curbside or other Customer-selected service location at the Commercial Premises.

Acceptable Materials: Solid Waste
Prohibited Materials: Recyclable Materials, Organic Materials, Excluded Waste Additional Service: Special pick-ups requested by a Customer, on days other than their regularly scheduled Collection day, will be available at an approved additional charge. Such additional picks-ups can be scheduled equating to up to six (6) days per week total service.

Other Requirements: Contractor shall make contact with each and every Commercial Customer in advance of the Commencement Date to determine appropriate Container sizes and service frequency.

4. Scout Vehicles
Upon Customer request and approval by the City Manager, Contractor shall provide scout service in accordance the approved rate schedule, whereby Contractor will access Containers using a small vehicle City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B3 Page B3-3
348
EXHIBIT B3

COMMERCIAL SERVICES
either to move Containers to street or other public right-of-way for Collection, or Collecting directly from Container storage location, or retrieve a Container when operationally required in order to safely position the Container for Collection. In the event of a dispute between Contractor and Customer as to whether scout service will be used, the City Manager will make the final determination.

Customers requiring Bin pushout service and scout service shall only be charged for scout service in accordance with the approved rate schedule.

Any changes to the Customer scout service list shall be approved by City prior to Contractor adding or removing this service for any Customer.

5. Bin Pushout Service
Upon Customer request, Contractor shall provide Bin pushout service, whereby Contractor will move Containers manually to facilitate Collection. The Contractor may charge the pushout rates included in the approved rate schedule. For Containers in Bin enclosures, the measurement of distance shall be from location of the Bin once removed from the enclosure to the point of Collection. In the event of a dispute between Contractor and Customer as to whether pushout service will be used, the City Manager will make the final determination. If a Bin pushout fee is charged, then a scout service fee shall not be charged.

6. Temporary Bin Senrice
Contractor shall provide exclusive temporary Bin Service to Customers upon request for Collection of Solid Waste, Recyclable Materials, and Organic Materials. Contractor must deliver a temporary Bin to a Customer by the following business day (excluding Saturday, Sunday or Holidaysl if requested by 12:00 noon;otherwise,deliveryshallbenolaterthanthesecondday. RatesfortemporaryBinServicearelisted separately in the approved rate schedule.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B3 Page B3-4
349
EXHIBIT B4

CITY SERVICES

1. Commercial Customer Services to City Facilities Contractor shall Collect Recyclable Materials, Organic Materials, and Solid Waste, from City facilities in the same manner as those services are provided to Commercial Customers and shall provide designated personnel in accordance with Section 5.7.E of this Agreement. Contractor shall provide service to all existing City facilities identified in Exhibit B5 as well as any future City facilities established after the Commencement Date. Contractor shall provide these services at no additional cost to the City. City facility service as described by this Section shall include unlimited Roll-Off Box Collection service, and periodic Bulky Item Collection. Contractor shall deliver Roll-Off Boxes within twenty-four (24) hours of City request. Contractor shall Collect, empty, and return Roll-Off Boxes within twenty-four (24) hours of City request. Contactor shall remove and not return Roll-Off-Boxes within twenty-four (24) hour of City request.

2. Emergency Senrices
Contractor shall provide emergency services (i.e., special Collections, Transport, Processing and Disposal) at the request of the City Manager in the event of major accidents, disruptions, or natural calamities.

Contractor shall be capable of providing emergency services within twenty-four (24) hours of notification by the City Manager or as soon thereafter as is reasonably practical in light of the circumstances. For any services which exceed the scope of services under this Agreement, Contractor shall be entitled to compensation at the emergency service Rates approved under this Agreement. The City shall have discretion in the method of such compensation between direct payments by the City and allowing such costs to be considered in the adjustment of Rates for the following Rate Period.

3. Shredding Events
For Residential service Customers, Contractor shall provide at least two (2) annual shredding events free of charge. Contractor may require proof of residency at such events. The location of the events shall be within the City of South Gate and shall occur in the month specified by the City Manager. The limit of shredded material accepted will be three (3) standard office storage boxes per Residential Premises.

Where appropriate, this limit may be waived by Contractor on a case-by-case basis.

4. Provision of Compost and Mulch Product
A. Bulk Compost and/or Mulch for City Use. Contractor shall provide to the City bulk Compost, Mulch, or both, each Calendar Year in an amount needed to fully achieve the City's recovered Organic Waste product purchasing requirements of SB 1383, as they may be determined and adjusted throughout the Term of this Agreement. The production, acquisition, advertising, storage, Transportation, distribution, and/or any other costs needed to achieve this requirement shall be performed by Contractor at no additional cost to the City or Customers. City will notify Contractor as to the City's needs for delivery of finished Compost, Mulch, or both, throughout each Calendar Year. Contractor shall deliver Compost, Mulch, or both, within five (5) Business Days of a request of the City Manager to any accessible location City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B4 Page B4-1
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EXHIBIT 84

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within City limits at no additional cost to City. Contractor shall work actively with the City Manager and appropriate City departments to educate, develop, test, and support expanded uses of qualified Compost and Mulch in the City. The City will specify the material type (i.e., Compost, Mulch, or both) to be provided and the quality specifications of the selected material type for any given application, even if that requires Contractor to procure such material from a third party in order to provide it to the City.

B. Bulk Compost and/or Mulch for Private Uses. If the City is unable to use the full amount of Compost, Mulch, or both, required by SB 1383 in a given Calendar Year, Contractor shall arrange the legal donation of the remainder of the City's SB 1383 allotment to other productive uses. The production, acquisition, advertising, storage, Transportation, distribution, or any other costs needed to achieve this requirement shall be performed by Contractor at no additional cost to the City or Customers.

C. Compost/Mulch Give-Away Events. Contractor shall distribute an annual total of at least one thousand (1,000) one (1) cubic-foot bags of Compost and/or Mulch to City residents at no additional cost to the City or Customers at two (2) public Compost/Mulch give-away events per Agreement Year (such that Contractor shall provide at least five hundred (500) bags per event). The location, date, and time of such events shall be mutually agreed upon by Contractor and the City Manager and may be held in conjunction with other City-approved events. Contractor shall deliverthe bagged Compost/Mulch to the agreed-upon event location at no cost to City. Contractor shall provide at least one (1) attendant for at least six (6) hours per event. Any Compost and or Mulch given away to the community through this program shall count towards the Contractor"s obligations to provide the City with the amount of Organic Waste products required under SB 1383.

Additionally, South Gate Single-Family and Multi-Family Residents may pick-up unlimited quantities of Compost and Mulch up to four (4) times per calendar year at no additional cost from the Contractor"s facility located within the City.

D. SB 1383 Procurement. Contractor agrees that all Compost, Mulch, or both, provided through this Agreement shall comply with the municipal procurement requirements of SB 1383, including being generated from California Organic Waste Products, as defined by SB 1383 for each applicable material type.

E. Contractor Warranty of Recovered Organic Waste Products. Contractor shall provide assurance through the execution of a liability waiver stating that all Organic Waste products provided by the Contractor and used within the City are free from pathogens and inorganic waste material that may be harmful to the health and welfare of the City and meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Section 17852(a%24.5)(A)(1) through (3). The Contractor shall indemnify and hold harmless the City against any claims arising from contaminated recovered Organic Waste products provided by the Contractor as set forth in this section.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B4 Page B4-2
721 351
EXHIBIT B4

CITY SERVICES

5. News Media Relations.

Contractor shall notify the City Manager by e-mail of all requests for news media interviews related to the Collection services program within twenty-four (24) hours of Contractor's receipt of the request. Before responding to any inquiries involving controversial issues or any issues likely to affect participation or Customer perception of services, Contractor will discuss Contractor's proposed response with the City Manager.

Copies of draft news releases or proposed articles related to the provision of Collection services under this Agreement shall be submitted to City for prior review and approval at least five (5) Business Days in advance of provision to such Persons, except where Contractor is required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, in which case Contractor shall submit such materials to City simultaneously with Contractor's submittal to such regulatory agency.

Copies of articles resulting from media interviews or news releases shall be provided to the City within five (5) Business Days after publication.

6. Waste Generation, Characterization, and Pilot Studies.

Contractor acknowledges that City, CalRecycle, or other governmental agencies may wish to perform generation and characterization studies periodically with respect to materials covered under this Agreement. Contractor agrees to participate and cooperate with City and its agents and to perform studies and data collection exercises, as needed, to determine weights, volumes and composition of materials generated, Disposed, Diverted or otherwise Processed.

Contractor that acknowledges that the County, in coordination with the City, is required by SB 1383 to conduct Organic Waste and Edible Food capacity planning studies. The Contractor shall provide information to the City as needed for the City's participation in such capacity planning studies. This information and/or participation may include, but is not limited to, conducting or supporting waste characterization studies; providing information regarding existing and potential new or expanded capacity in the Contractor"s operations for the Collection, Transport, or Processing of Recyclable and Organic Materials; and any other information deemed necessary by the City or County for purposes of the study.

The Contractor shall respond to any request for information from the City within thirty (30) days, unless another timeframe is otherwise specified or authorized by the City.

Contractor acknowledges that the City may, wish to conduct and/or participate in pilot studies related to the Customers and materials that are the subject of this Agreement. If City requires Contractor to participate in any such a pilot study, Contractor and City shall mutually agree on the scope of services to be provided by Contractor and the amount of compensation, if any, that the City will pay to Contractor for such participation. In any event, Contractor shall permit and in no way interfere with the Collection and handling of the subject materials by other Persons for such purposes.

8. Abandoned Item Collection
Contractor will Collect all abandoned items upon notification by the City for no additional charge. If City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B4 Page B4-3
/23 352
EXHIBIT B4

CITY SERVICES
Contractoris notified before 1:00 p.m., items will be removed the same day. If Contractor is notified after 1:00 p.m., items will be removed by 12:00 noon the following day.

9. Abandoned Item Sweeps
Contractor will provide one (1) vehicle with a two (2) Person crew to Collect abandoned items on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays, and Saturdays at no additional charge. Each sweep will be three (3) hours in duration. City shall work with Contractor to designate sweep areas and will provide Contractor a minimum of two (2) Business Days" notice for changes to locations.

10. Large Venue and Event Assistance, Event Recycling Contractor shall assist City planners of Large Venue events with reporting and planning needs to provide Recycling and Organics Materials Diversion as may be useful in meeting the requirements of AB 2176 and SB 1383, and in lowering Disposal quantities generated at such events at no additional charge.

11. Neighborhood Cleanups
Contractor shall supply up to six (6) forty (40) yard Roll-off Containers and Containers in additional sizes per Rate Year for the Collection of Solid Waste, Recyclable Materials, and Organic Waste for six (6) annual City sponsored neighborhood cleanups at no additional charge to City or Customers.

Dates and locations of events shall be determined by City. City staff shall inform Contractor of the date and location for each annual event.

All material Collected must be Transferred, Processed, and/or Disposed in accordance with SB 1383.

12. Special Cleanup Events
Contractor shall provide Roll-off Boxes and/or Temporary Bins for up to six (6) special cleanup events per year at locations requested by the City at no additional charge. These special cleanup events include but are not limited to cleanup of temporary encampments as may be directed by the City. Contractor is required to provide Containers in the amount and size as requested by City, and to remove Containers upon notification by City.

12. City Sponsored Events
Contractor shall provide Solid Waste, Source Separated Recyclable Materials, and Source Separated Organic Waste Collection and Disposal/Processing service, and portable restrooms for City-sponsored events including but not limited to the City-sponsored events included in this Exhibit B5 at no additional charge to City or ratepayers. This shall include providing Discarded Material Containers (Carts, Bins, Roll- off Boxes, and Cardboard waste boxes with liners) to Collect and Dispose of, or Process, all Solid Waste.

Contractor shall provide Collection Containers for the Collection of Source Separated Recyclable Materials, and Source Separated Organic Waste.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B4 Page B4-4
/24 353
EXHIBIT B4

CITY SERVICES

13. Community Development Department Reviews
Contractor, upon City's request, shall assist the City in the review of applicants' plans for projects covered by Public Resources Code § 42911, including Single-Family and Multi-Family, and Commercial projects, to provide for effective and economical accumulation and Collection of Recyclable Materials, Organic Waste and Solid Waste.

14. Mulch, Compost and Wood Chips for City Facilities, Parks, and City ProjectsContractor, upon City"s request, shall deliver to locations specified by the City, unlimited quantities of Compost, Mulch and wood chips for City"s use at City facilities, parks, and City projects.

15. Job Fairs
Contractor shall host two job fairs per calendar year for South Gate residents interested in becoming Collection vehicle drivers for Contractor. Contractor shall pay the tuition for truck driving school for eligible South Gate residents, and if hired, new employees will receive a !>5,000 signing bonus from Contractor upon receiving the Commercial Class B License

16. Scholarships
Contractor shall contribute ten-thousand dollars (SI0,000) per calendar yearin scholarships to South Gate high school students that have an interest in environmental studies. Contractor shall work with the City to select the students to receive the scholarships.

17. Annual Contribution for Sponsorships and Donations to City Events Contractor shall contribute a minimum of one-hundred and twenty thousand dollars (5120,000) per calendar year to the Cityin donation to City and community events which may include, but are not limited to, sponsorships, donations to community or school events, City functions, and school district events/programs. Contractor shall receive direction from the City regarding the distribution of these funds.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B4 Page B4-5
354
EXHIBIT B5

CITY FACILITY SERVICE LEVELS, LOCATIONS, AND SPECIAL EVENTS
Contractor will Collect Recyclable Materials, Organic Materials, and Solid Waste from City facilities (including parks) in the same manner as those services are provided to Commercial Customers. Contractor shall provide service to all City facilities, present and future, at no additional cost to the City. Contractor shall provide City-sponsored event services pursuant to Section 4.4 of the Agreement. In addition to regular scheduled Collection services, Contractor shall provide, upon request, temporary Roll-Off Box services to all City facilities at no additional cost to the City. Contractor shall deliver Source Separated Yard Trimmings Collected from City facilities, parks, and clean-up operations in Roll-Off Boxes to the Approved Transfer Facility for Transfer to the Approved Organic Materials Processing Facility.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit B5 Page B5-1
355
EXHIBIT B5
Row CITY FACILITY WASTE TYPE # CONTAINERS

CONTAINER

SIZE PU'S/WK
I South Gate City Hall- 8650 California Ave MSW 1 3 yard 3 ') South Gate City Hall- 8650 California Ave Recycle 3 3 yard 2 3 Soutb Gate City Hall- 8650 Califomia Ave Recycle 18 64 gallon aIl 4 Souffi Gate City Hall- 8650 Califomia Ave MSW I 6 yard I 5 South Gate City Hall- 8650 Califomia Ave Recycle 6 32 ganon I 6 Park Maintenace Yard- 4933 Sout_hern Ave MSW I 3 yard 1 7 Human Services Association- 9200 State St Recycle I 3 yard 1 8 Human Services Association- 9200 State St MSW I 3 yard I 9 Soutb Gate Police Deparhnent -8620 California Ave MSW I 3 yard 3 10 South Gate Police Departtnent -8620 California Ave Recycle 2 3 yard 1 II South Gate Police Department -8620 California Ave Recycle 4 32 gallon 1 12 South Gate Park- 4855 Tweedy Blvd MSW 3 3 yard 3 13 South Gate Park- 4855 Tweedy Blvd MSW 2 6 yard ) 14 South Gate Park- 4855 Tweedy Blvd Recycle 3 3 yard 1 15 South Gate Library-8654 Califomia Ave MSW 2 3 yard I 16 South Gate Sports Center- 9520 Hildreth Ave Recycle 5 32 ganon I 17 South Gate Water Tower - 8600 Santa Fe Ave. MSW I 3 yard 1 18 Hollydale Commiu'iity Center- 12221 Industrial MSW I 3 yard 1 19 Hollydale Community Center- 12221 Industrial Recycle I 3 yard 1 20 LA County Fire Station 57- 5720 Gardendale St MSW 1 96 ganon I 21 Old Tiniers Housing - 8457 Califomia Ave. Recycle I 64 gallon I 22 South Gate Maintenance Yard-4244 Santa Aria St MSW 2 3 yard 2 23 South Gate Maintenance Yard-4244 Santa Aria St Recycle 1 3 yard I 24 South Gate Maintenance Yard-4244 Santa Aria St Recycle 4 32 gallon I 25 South Gate Maintenance Yard-4244 Santa Aria St Recycle 2 96 gallon I 26 South Gate Maintenance Yard-4244 Santa Aria St Recycle 1 64 gallon 1 27 South Gate Maintenance Yard-4244 Santa Ana St MSW 4 40 yard On call 28 South Gate Maintenance Yard-4244 Santa Ana St Metal I 25 yard On call 29 SOutll Gate Mailltenallce Yard'l244 Santa Ana St Tires I 40 yard On call 30 Soutl'i Gate Maintenance Yard-4244 Santa Aria St C&D I 10 yard On can 31 Hollydale Commiu'iity Park- 5400 Monroe Ave MSW 2 6 yard I 32 South Gate Public Works Yard- 9545 Salt Lake Ave MSW II 40 yard 1 33 South Gate Public Works Yard- 9545 Salt Lake Ave Metal I 40 yard On can 34 South Gate Public Works Yard- 9545 Salt Lake Ave Tires I 40 yard On call 35 South Gate Public Works Yard- 9545 Salt Lake Ave Green waste 5 40 yard On can 36 South Gate Public Works Yard- 9545 Salt Lake Ave C&D 2 10 yard On call

CITI FACILITY SERVICE LEVELS, LOCATIONS, AND SPECIAL EVENTS City of South Gate, July 12 2022 Franchise Agreement, Exhibit B5 Page B5-2
356

EXHIBIT C

PUBLIC EDUCATION & OUTREACH REQUIREMENTS
General Administration
The City has placed the utmost importance on effective public outreach and education in helping residents and businesses fully understand options for and benefits of source reduction, reuse, Recycling, and Composting. General provisions for public education and outreach are as follows:

Prior to the Commencement Date and by October 1 of each following year during the Term of this Agreement, Contractor shall develop and submit an annual public education plan to promote the programs designed by the City and performed by Contractor under this Agreement. Each public education plan shall specify the target audience for services provided, include upcoming promotions for ongoing and known special events, identify program objectives, individual tasks, public education materials to be distributed, opportunities for expanded partnerships, and a timeline forimplementation. The City Managershall be permitted to provide input on each annual public education plan, and the plan shall not be finalized or implemented without approval of the City Manager. Contractor shall meet with the City Manager to present and discuss the plan, review the prior year's activities (including sponsorships and services provided to City-sponsored events) and determine whether community activities and the provision of services to the City reflect the needs of City staff and the City Council. City Manager shall be allowed up to sixty (60) calendar days after receipt to review and request modifications. The City Manager may request, and Contractor shall not unreasonably deny, modifications to be completed prior to approving the plan. Contractor shall have up to fifteen (15) Business Days to revise the plan in response to any requested changes by the City Manager. Any further delays may result in Liquidated Damages for failure to perform education and outreach activities as identified in Exhibit C. Each Business Day that the plan is late shall count as a single occurrence.

Upon request from the City Manager, City Manager and Contractor's Contract Administrator shall meet at least one (1) time per month to discuss services, outreach, and educational campaigns and request changes or adaptations to the annual public education plan.

Contractor shall distribute instructional information, public education, and promotional materials in advance of, and following, Commencement of services. This shall entail, at a minimum, distributing program literature to all Customers at the Commencement of the Agreement as well as to any new Customer during the Agreement Term. Contractor shall use multiple media sources including print, radio television, electronic/social media, and events to notify Customers of the change in their service provider, if applicable, and to highlight new program offerings. Transition and ongoing sector-specific collateral materials shall be distributed. The Contractor shall submit all draft materials to City Manager for review and approval.

All City facilities shall receive any and all public education and outreach materials and services provided to the Commercial sector. Contractorshall provide all printed public education materials to City offices and facilities to have available for the public that visits those facilities and shall City of South Gate, July 12, 2022 Franchise Agreement, Exhibit C Page C-I
tzY357

EXHIBIT C

PUBLIC EDUCATION & OUTREACH REQUIREMENTS
replenish the materials as requested by the City Manager.

Bill inserts may be designed by the City or Contractor. Bill inserts designed by Contractor shall be provided to the City Manager a minimum of sixty (60) prior to publication. The City Manager shall review bill inserts designed by Contractor; and the Contractor shall be responsible for printing and distributing the billing inserts to all Customers. Contractor shall provide electronic bill inserts (or separate email attachments) to Customers who are billed electronically, and paper bill inserts to Customers who receive paper bills. For Customers receiving electronic bills, Contractor agrees to distribute brochures, newsletters, or other information as attachments to Customer invoices.

Electronic bill inserts/attachments must be readily available for the Customer to view upon receipt of the invoice (attachments shall not be provided as links). Upon City request for billing inserts, Contractor shall comply with such request during its next billing cycle for the targeted Customer group, if specified. Contractor shall perform this service with no additional requirement for compensation. In the event the billing and service addresses are different, public education and outreach shall be delivered to both addresses.

Contractor shall develop a website specific to its operations in the City, with a section specific to City programs and Customers, which will be used to post educational materials for download, highlight program successes, and provide Diversion statistics. The Contractor's City specific website shall also include links to relevant web pages of the City's website where further information can be found. Content for the website shall be approved by the City Manager.

Contractor shall review the website at a minimum annually to update information contained on website.

Sector-Specific Activities
The following tables present the public education and outreach activities to be performed by Contractor each Rate Period as minimum requirements underthis Agreement. Each Customerfaces unique Discarded Materials management opportunities and challenges; therefore, Contractor shall develop targeted, sector-specific educational materials and perform outreach activities as described for each Customer Type.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit C Page C-2
/21358

EXHIBIT C

PUBLIC EDUCATION & OUTREACH PLAN
Public Education and Outreach I All Sectors
All printed materials also to be posted to the Company's website.

The following general public education and outreach materials shall each be produced for the benefit of all Customer Types that receive Collection service from the Contractor.
:;4cji4, ' " :i'l'-'. J' "-... _J.'.;: :","::',. _-iJ'- (." '-,"5jQffl-j'p€ipn ': i-: :.' =,,,l-.:. :.I:.,, ,l, Q:2.._,','5 -":5_" -'."-'- 'a aai-"a ' _ " . ':_ r.JI'-Z.,',.,,JJ:." miit<mDt=7=4"=ri-=' . a J Newspaper Advertisement Distribute a newspaper advertisement that explains all programs that will be offered under the new Agreement.

One (1) time at beginning of
the Agreement (20-30 days
prior to contract start date).

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit C Page C-3
359

EXHIBIT C

PUBLIC EDUCATION & OUTREACH PLAN
Public Education and Outreach l Single-Family Education and Outreach Activities All printed materials also to be posted to the Company's website. :(.AjfjV €f!j:T,..'..-o.::,:,,-=:.':,'J.I,J.I,'J:"-.. a.-'%cri5ti6n: 'h .= I. ';',. ;,, ',-: , ._- a.":= ')..'. ', _ ".'.' : 'I " 'a =' " " " ""a"- " ' "- " - '.;jIJistti'butioti7FOequeticya ::F;j"'i Initial Mailing Produce and Distribute a City-designed initial mailing to Single-Family Customers, which may include content such as explaining the program changes in the new Agreement; changes from the existing Collection programs to new programs; regulatory requirements, including SB 1383; and, the Effective Date of the change. Contractor shall include its Holiday schedule and the Residential Recycling and expanded services guide.

One (1) time at beginning of
the Agreement (45-60 days
prior to Commencement
Date) via direct mail.

Community Workshops Contractor will conduct a minimum of three (3) public workshops describing program changes, route changes, dates of program implementation, and other necessary information. Contractor will display new Containers to be distributed. 30 days prior Commencement
Date.

Recycling Guide Produce and Distribute a "Recycling guide" specific to Single-Family Customers.

This guide shall include information on Collection methodologies, set out instructions, set out schedule, contact information, and acceptability and necessary preparation of materials for all Single-Family programs described in Exhibit B-1. A section of the guide will specifically address proper methods of handling and Disposal of Hazardous Wastes.

Affixed (inside plastic bag, zip-
tied to handle) to every Single-
Family Recyclable Materials
Cart delivered prior to the
Commencement Date, and
thereafter to all new
Customers.

By direct mail annually
thereafter to each Single-
Family Customer
Neighborhood Group & HOA
Visits
Upon City request, visit homeowner associations and other neighborhood groups and associations to promote and explain the Recycling programs included in this Agreement.

At City Manager or Customer
request.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit C Page C-4
360

EXHIBIT C
'AcrTi;!iy-, .'-.'-.'. ='.'.':.l'," ' ,;'= ':-': o<,DjisicrF6_i36-ri:_ _ ""'__:J I__: _J__ " _ J __ "f.;.::4 '_ 2._'_J_ _ .'I__' _.'_:.J __'_'J_a' i q 7. :J aJ f.. a.'_ -"_'.,: l ." -' ,' :rpi@t-ri_tjjjji6r3%F;r6qiij;e5c9,- ..':,'." Quarterly Newsletter Not less than four times per year during each Rate Year, Contractor shall be responsible for all costs incurred for the production and mailing of the City's Quarterly Newsletter. The City reserves the right to direct the production of the Quarterly Newsletter to a contractor of the City's choosing. The Quarterly Newsletter will include information on current regulations, and any additional regulations adopted during the Term of this Agreement and any extensions granted by the City. The Contractor shall be required to coordinate distribution via u.s. Mail of the Quarterly Newsletter with a local mailing house, including furnishing Customer mailing addresses.

Corrective Action Notices Produce and distribute a Single-Family Customer oriented Non-Collection Notice, and Courtesy Pick-Up Notices for use in instances where the Customer includes prohibited materials in a Container or fails to properly prepare or set- out Containers.

As needed.

Seasonal Program Notifications Provide written notification to all Single-Family Customers advertising each scheduled neighborhood clean-up day pursuant to Exhibit B1.5, Christmas tree Collections pursuant to Exhibit B1.7, and any other seasonal or periodic program(s). The notification shall inform Customers of the schedule, acceptable and prohibited materials, and set-out requirements for the program.

At least fourteen (14) calendar
days prior to event via direct
mail.

Website Contractor shall prepare a "Single-Family Customer" section of its website where it will present Customers with "how-to" information for participating in Contractor-provided programs including proper Container set-outs and provide Single-Family Customers with links to click on for additional resources. All other Single-Family educational materials specified in this Section shall be posted on this section of Contractor's website in PDF and/or video format. The website shall also publish the current Rates charged to Single-Family Customers within the City.

At least sixty (60) calendar
days prior to Commencement
Date.

Updated no less than
quarterly.

Mandatory Recycling and
Organics Outreach Activities
Produce and Distribute outreach materials containing information to asSist City with outreach compliance for various Applicable Laws related to Mandatory Recycling and Organics, including but not limited to SB 1383.

One (1) time annually
City of South Gate, July 12, 2022

PUBLIC EDUCATION & OUTREACH PLAN
Franchise Agreement, Exhibit C
Page C-5
361

EXHIBIT C

PUBLIC EDUCATION & OUTREACH PLAN
Public Education and Outreach l Multi-Family Education and Outreach Activities Alj printed materials also to be posted to the Company's website. :'Bej4;;:5 €;@ri))<7ha=a'l": ."';"'T).)J":,7'\Ef "i " -"t'Qrp6sn '.. J.-. _ _.,,-,:"'J , ': __E: 'J - J -_ -_I:_'i _ _' ff__:_" _. _-_'.l...L._ _.:_2:.Ii. _:Ql'-a :"-'l '7"-o-'='Z$j-3Nb.uQ4;7;3Q40%=.'JJ-=: "', New Programs Mailing Produce and Distribute an initial mailing to all Multi-Family Dwelling Units within City explaining the program changes in the new Agreement; changes from the existing Collection programs to new programs; new regulatory requirements, including SB 1383; and, the Effective Date of the change.

One (1) time at beginning of
the Agreement (45-60 days
prior to Commencement Date)
' via direct mail to each Multi-
Family Dwelling Units in City.

Recycling Guide Produce and Distribute a "Recycling Guide" specific to Multi-Family Customers, and updated versions of the guide as needed. This guide shall include information such as Collection methodologies, set out instructions, contact information, and acceptability and necessary preparation of materials for all Multi-Family programs described in Exhibit B2. A section of the guide will specifically address proper methods of handling and Disposal of Hazardous Wastes.

One (1) time at beginning of
the Agreement (20-30 days
prior to Commencement Date)
and as needed via direct mail
to each Multi-Family Dwelling
Units in City.

Technical Assistance: Diversion
Opportunity Assessments
Offer Diversion opportunity assessments at least one (1) time annually to each and every Multi-Family Customer to meet with the property manager or Owner of Multi-Family Premises to promote Recyclable and Organic Materials Collection.

Offer in-person meetings to
. each and every Multi-Family
Customer conducted one (1)
time per year, plus follow-up
meetings with individual
Customers, as needed.

Workshops Offer and respond to requests for on-site meetings and workshops. Contractor shall conduct workshops for Customers (when requested) that will show property managers and residents, in a hands-on interactive format, how to use the Recycling and Organics program and will provide resources for additional information and support.

At Customer's request.

City of South Gate, luly 12, 2022 Franchise Agreement, Exhibit C Page C-6
362

EXHIBIT C
"'5@;a-4Q-J"::';';;:"T"': :=:":),'.":-7 _:,7-,. =:':JF€0-r%ie. - .7 '.""" "" : -' a =.". a " " " a a" '-" """ - --'-"-a ""'- a- " -' a- - ' o o-:5?;tjiffiu0it;rijF:;iqui'ncy..J:':" ',.Q" "How-to" Guide: Electronig
Universal and Excluded Waste
Produce and Distribute a City designed "how-to" guide on proper Recycling, handling and Disposal of Household Hazardous Waste, E-Waste, and U-Waste directly to tenants of Multi-Family Premises. Contractor may arrange for distribution to each Dwelling Unit a flyer, door hanger, or other public education piece by coordinating with the Owner or property manager of the Premises.

One (1) time peryearvia direct
mail or door-to-door.

Holiday Tree Collection
Notification
Produce and Distribute a City-designed written notification to each Multi-Family property manager/Owner advertising the availability of holiday tree Collection services. The notification shall inform managers of the schedule, accepted and prohibited materials, Collection method options, and set-out requirements for the program. The notification shall include the Contractor contact information for Multi-Family Customers to contact to discuss schedule and designated Collection location. The format and content of the notification shall be approved by the City Manager.

At least fourteen (14) calendar
days prior to event via direct
mail, e-mail, or in-person.

Website Contractor shall prepare a "Multi-Family Customer" section of its website where it will present "how-to" information for participating in Contractor- provided programs including proper Container set-outs and provide Multi- Family Customers with links to click on for additional resources. All other Multi- Family educational materials specified in this Exhibit shall be posted on this section of Contractor"s website in PDF and/or video format. The website shall also publish the current Rates charged to Multi-Family Customers within the City. The website shall also provide property managers of Multi-Family Premises with an opportunity to request "Diversion opportunity assessments", or additional education materials to provide to tenants.

At least sixty (60) calendar
days prior to Commencement
Date.

Updated no less than
quarterly.

Mandatory Recycling and Organics
Outreach Activities
Contractor shall disseminate outreach materials containing information to assist City with outreach compliance for various Applicable Laws related to Mandatory Recycling and Organics, including but not limited to AB 341, AB 1826, and SB 1383.

One (1) time annually
City of South Gate, July 12, 2022

PUBLIC EDUCATION & OUTREACH PLAN
Franchise Agreement, Exhibit C
Page C-7
363

EXHIBIT C

PUBLIC EDUCATION & OUTREACH PLAN
;QQ-ipfi-a?i:- JJTiL';""' _.a_y__. 'I:_'aa-:.'FP2ii'i5a'se-;::,' _,"_. '."l ..7: .f'=".":J.'- ;o(t ' " ' .a ' " '.a...-.'..'. ."- = -'.= "',,=.::J3:I.:.',, :':{='DOsit;;ib0tiQ7;(.equi6cy ',", ',';i Educational Materials for
Employees/Tenants
Contractor shall provide Commercial and Multi-Family property managers/Owners with public education materials, required by SB 1383, for their distribution to all employees, contractors, tenants, and Customers of the property or business. The public education materials shall include, at a minimum, information about Organic Waste recovery requirements and proper sorting of Discarded Materials. Multi-Family property managers/Owners may request these materials more frequently if needed to comply with the SB 1383 requirement to provide information to new tenants before or within 14 days of occupancy.

One (1) time annually; or more
frequently upon Customer
request.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit C Page C-8
364

EXHIBIT C

PUBLIC EDUCATION & OUTREACH PLAN
Public Education and Outreach l Commercial Education and Outreach Activities All printed materials also to be posted to the Company's website. -Dis4rip*fg6" :-..-J,,- 'J'-.i'T=;'r."' ""Pur6os'e," " " - : a-"' -. :,. _' a .. -== . . . .._ . -DjstrTt%i6n7rre7ujnj9;:7:'r'7 "o New Programs Mailing Prepare and distribute an initial mailing to all Commercial Customers within the City explaining the program changes in the new Agreement; changes from the existing Collection programs to new programs; and, the Effective Date of the change.

One (1) time at beginning of the
Agreement (45-60 days prior to
Commencement Date) via direct
mail.

Recycling Guide Contractor shall produce a "Recycling Guide" specific to Commercial Customers and update the guide as needed. This guide shall include information on Collection methodologies, set out instructions, contact information, and acceptability and necessary preparation of materials for all Commercial programs described in Exhibit B3. A section of the guide will specifically address proper methods of handling and Disposal of Hazardous Wastes.

One (1) time at beginning of the
Agreement (20-30 days prior to
Commencement Date) and as
needed via direct mail.

Distributed during Diversion
opportunity assessments.
"How-to" Flyer: Recyclable
Materials
Prepare and distribute a "how-to" brochure explaining the Recycling Materials Collection programs for each general business type (restaurants, office/Commercial buildings, strip malls, and large Commercial businesses).

One (1) time at beginning of the
Agreement (20-30 days prior to
contract start date) via direct
mail.

Distributed during Diversion
opportunity assessments.
"How-to" Flyer: Organic
Materials
Prepare and distribute a flyer describing the Organic Materials Collection services available and how to prepare Organic Materials for Collection for each general business type (restaurants, office/Commercial buildings, strip malls, and large Commercial businesses).

One (1) time at beginning of the
Agreement (20-30 days prior to
contract start date) via direct
mail.

Distributed during Diversion
opportunity assessments.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit C Page C-9
365

EXHIBIT C
'::Q5?:4i5n:,=',' j:l':;.':"}:':':',,' Jl,_ a::-F;i@'9:0. ,,"..." :J-'. "_, la "_' 2-" J ')22 _:i ]-" 'l - " - '- " = " ' y""" " ' " a '-' I - :Dj's:kripj$3ori};riq-p::H4Q't, ' o-'-p"' :

Technical Assistance: Diversion
Opportunity Waste
Assessments
Offer Diversion opportunity assessments at least one (1) time annually to each and every Commercial Customer to promote Recyclable and Organic Materials Collection and replenish Recycling guides and Recycling and Organics posters as needed by each Customer.

Offer one (1) time annually
during in-person meetings with
each and every Commercial
Customer, plus follow-up
meetings with individual
Customers, as required.

Recycling and Organics Posters Produce and distribute (during Diversion opportunity assessments) laminated Recycling and Organics posters that provide graphic illustrations of acceptable and prohibited materials within each program.

Distributed during Diversion
opportunity assessments.

Quarterly Bill Inserts Prepare and distribute quarterly bill inserts that creatively inform Commercial Customers about such topics as: cost savings available from source reduction, reuse, and Recycling; tips for overcoming common operational challenges businesses have with Recycling and Organics programs; the environmental benefits of buying Recycled-content products and statistics, trends, and facts about programs performed under this Agreement (i.e. Collected, Tonnage, year over year increase/decrease, markets for material Collected, what each material is Recycled into) as appropriate. Contractor's annual public education plan shall define a theme for each quarterly insert.

One (1) time per quarter via direct
mail to each Commercial
Customer in City.

Corrective Action Notices Produce a Commercial and Multi-Family Customer oriented corrective action notice for use in instances where the Customer includes prohibited materials in a Container or fails to properly prepare or set-out Containers.

As needed.

Mandatory Recycling and
Organics Outreach Activities
Contractor shall disseminate outreach materials related to the mandatory nature of Recyclable Materials and Organic Materials Collection services, upon request from City Manager. Such outreach shall be designed to assist the City in complying with the outreach requirements of various Applicable Laws related to the mandatory provision of Recyclable Materials and Organic Materials Collection and Diversion services.

One (1) time annually
City of South Gate, July 12, 2022

PUBLIC EDUCATION & OUTREACH PLAN
Franchise Agreement, Exhibit C
Page C-10
366

EXHIBIT C
';i54ijSji::6a5...:,:'-.'::f,'.":' ."""":".'i "'i'Vip.gs;,e; ' "':'_'2____ - _7" _'___'__'_" - -' "-"- ' a' " -' a a"" - "-' - '- ' Educational Materials for
Employees/Tenants
Contractor shall provide Commercial and Multi-Family property managers/Owners with public education materials, required by SB 1383, for their distribution to all employees, contractors, tenants, and Customers of the property or business. The public education materials shall include, at a minimum, information about Organic Waste recovery requirements and proper sorting of Discarded Materials. Commercial Customers may request these materials more frequently if needed to comply with the SB 1383 requirement to provide information to new tenants before or within 14 days of occupancy.

One (1) time annually; or more
frequently upon Customer
request.

Commercial Edible Food
Generator Education
I
Contractor shall provide Customers that are Commercial Edible Food Generators with the following:

1. Information about the City's Edible Food Recovery program;

2. Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;

3. Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,

4. Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste
One (1) time annually
City of South Gate, July 12, 2022

PUBLIC EDUCATION & OUTREACH PLAN
Franchise Agreement, Exhibit C
Page C-11
367

EXHIBIT C

PUBLIC EDUCATION & OUTREACH PLAN
Public Education and Outreach I Special Events
Aft printed materials also to be posted to the Company's website as well as links to teacher resources. .:3[5.6jc65j!46,_.J,",;,'.,':,:,.-:.'J.,',,-,,2': _,'.a,-'0;'_JJ'';FQj§o5a - - " _:" =": "' 7 ':: :' _ " ". I ___'.-__l J__z__-_' "_=- J__'_-:._.' ..:::i'Q-f2: !,'ff' _.,,_1._,,.,,',,),", Event Exhibit Contractor shall staff an exhibit booth and distribute promotional and educational materials at special events. Contractor shall provide visual displays, copies of educational materials (including all guides, flyers, and brochures produced for this Agreement), and Recycling education activities appropriate to a variety of age groups. Display components will be professionally designed and created and shall be scalable to be appropriate for a variety of booth or display configurations. Materials will include those pertaining to the programs provided under this Agreement as well as general information on "green" and/or sustainable behaviors.

All special events listed in Exh
B7 of this Agreement.

Other events at City Manag
request.

City of South Gate, luly 12, 2022
bit
r's
Franchise Agreement, Exhibit C
Page C-12
368
EXHIBIT D:

INITIAL MAXIMUM RATES
Following are the rates forJanuary 1, 2023 through December 31, 2023:

Residential Rates
Effective January 12023
For each single family residence and for each dwelling-unit within a multiple-unit residential complex Standard Monthly service charge for servicing one (1) standard residential refuse, recycling and organics container of a 96 to 101 -gallon capacity $ 2421 Reduced monthly service charge for servicing one (1 ) standard residential refuse, recycling, and organics container of a 60 to 67-gallon capacity Extra monthly service charge for each additional cark:

Solid Waste - 32-gallon
Solid Waste - 64-gallon
Solid Waste - 96-gallon
Organics - Additional carts above two, any size
Other Services and Fees
Bulky item pick-up (1)
Cart exchange (2)
Re-start service fee
Backyard Service - Non-Qualifying Customers
Cart replacement due to customer negligence
Return trip fee/extra pick-up (per occurrence)

22.38 7. 78

8. 78

12.61 12.6i

25.00 95.00

35.00 25.00

58.83 10.00
Residential Roll-off Box and Temporary Bin Seivice Temporary Residential Roll-Off
Roll-Off Box Any Size, Any Material Type
Haul plus 3 tons
Per Ton Charge Over 3 Tons/Load
Temporary Residential Bins
3-Cubic Yard Temp Bin
Cost per container
Additional Pickups
(1) Charge per item in excess of 10 items per month. Includes e-waste (2) Rate for additional exchange of all containers above one exchange per year. (3) Includes pulll and disposal fee up to three (3) tons. $ 677.50 per load (3)
$ 75.50 perton
$ 250.00 perload
$ 125.00 perload
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit D Page D-1
/40 369
Commercial Rates
Effective January 1. 2023
Commercial Refuse Service
Bin Size lx week 2x week 3x week 4x week 5x week 6x week 64 gallon cart S 79.00 S 158.00 S 237.00 S 316.00 S 395.00 $ 474.00 96 gallon cart $ 89.00 $ 178.00 $ 267.00 $ 356.00 $ 445.00 $ 534.00 2 CY bin $ 129.88 $ 244.76 $ 347.88 $ 447.88 $ 547.88 $ 647.88 3 CY bin $ 149.88 $ 249.88 $ 349.88 $ 449.88 $ 549.88 $ 649.88 4 CY bin $169.88 $ 324.76 $ 494.64 $ 664.52 $ 834.40 $ 1,004.28 6 CY bin $ 219.88 $ 424.76 $ 644.64 $ 864.52 $ i084.40 $ 1,304.28 2 CY compactor $ 363.97 $ 727.94 $ 1,091.91 $ 1,455.88 $ 1,819.85 $ 2,183.82 3 CY compactor $ 471.56 $ 943.12 $1,414.68 $ 1886.24 $ 2,357.80 $ 2,829.36 4 CY compactor $ 544.21 $ 1,088.42 $ 1 ,632.63 $ 2i76.84 $ 2,721.05 $ 3,265.26 Commercial Recycling Service
Bin Size lx week 2x week 3x week 4x week 5x week 6x week 35 gallon cart $ 47.85 $ 95.70 $143.55 $ 191.40 $ 239.25 $ 287.10 64 g-allon cart $ 57.85 $ 115.70 $ 173.55 $ 231.40 $ 289.25 $ 347.10 96 g-allon cart $ 64.35 $128.70 $ 193.05 $ 257.40 $ 321.75 $ 386.10 2 CY bin $ 68.22 $ 136.44 $ 204.66 $ 272.88 $ 341.10 $ 409.32 3 CY bin $ 79.95 $ 159.90 $ 239.85 $ 319.80 $ 399.75 $ 479.70 4 CY bin $ 90.72 $ 181.44 $ 272.16 $ 362.88 $ 453.60 $ 544.32 6 CY bin $112.43 $ 224.86 $ 337.29 $ 449.72 $ 562.i5 $ 674.58 Commercial Organics Service
Bin Size lx week 2x week 3x week 4x week 5x week
64 gallon cart $ 68.62 $ i37.23 $ 205.84 $ 249.05 $ 311.89 1 CY bin $ 88.00 $ 176.00 $ 264.00 $ 352.00 $ 440.00

1.5 CY bin $ 95.00 $ 190.00 $ 285.00 $ 380.00 $ 475.00
2 CY bin $ 105.00 $ :_qo.oo $ 315.00 $ 420.00 $ 525.00
Other Services and Fees
Multi-Family Bulky Item Pick-up (Bin
Service Customers)
$ 33.24 per item
Commercial Bulky Item Pick-up $ 33.24 per item
Extra Pick-up $ 57.27 per occurrence
average Fee $ 57.27 per occurrence
Return Trip Fee $ 40.00 per occurrence
Redelivery of Bins (due to non-payment) $ 26.56 per occurrence Bin Exchange (excluding Bin Cleaning) No charge
AB 341 Non-Compliance Fee $ 75.33 per month
Bin Cleaning $ 50.00 per occurrence
Contaminati-on Fee $ 26.59 per occurrence
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit D Page D-2
/f/ 370
Industrial Rates
Effective January 1, 2023
Commercial Roll-off Service
Haul plus 5 tons
Charge Over 5
Tons'Load
Permanent Roll-Off Box, Any Size, Any Material Type $ 677.50 per load $ 75.50 per ton Compactor, Any Material Type $ 802.50 per load $ 75.50 per ton Temporary Roll-Off Box, Any Size, Any Material Type $ 677.50 per load (1) $ 75.50 per ton (1) Includes pull and disposal fee up to five (5) tons.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit D Page D-3
/42-371
EXHIBIT E:

EXAMPLE RATE ADJUSTMENT FORMULA
Step One: Calculate percentage change in indices
A B c
Row Index Old Index Value New Index Value
Percent Change In
Index,
((Column B/
Column A) -1)
1 CPI, Garbage and Trash Collection (1) 496.679 517.202 4.1% Step Two: Apply percentage change to rates

D E F G
Row Example Rate Categories Current Customer
Rate (2)
Percentage Change
in Index (from
Column C)
Rate Increase or
Decrease
(Column D x Column E)
Adjusted Rate
(Column D + Column F)
2 Standard Residential Service S 19.60 4.1% S O.81 S 20.41 3 Additional RefuseCart S 8.78 4.1% S O.36 !> 9.14
4 Commerci al 3 cubi c ya rd lx week S 162.05 4.1% S 6.70 S 168.75 5 Commercial 3 cubic yard 2x week S 255.57 4.1% S 10.56 S 266.13 6 Commercial recycling - 2 cubic yard Ix week S 65.22 4.1% S 2.69 !> 67.91 7 Commercial organics - 64-gallon lx week S 62.38 4.1% S 2.58 S 64.96 8 Commercial organics - 2 cubic yard lx week !) 248.33 4.1% S 10.26 S 258.59 (1) Cons u mer Pri ce I ndex Cons umer Pri ce I ndex (CLIUROOOOSEHGO2 ) for AI I Urba n Cons u mers, ga rbage a nd tra s h collecti on - u.s. city avera ge, not S ea S On allV a djuSted, a S published by th e United STATES Depa rtment Of U bar, Burea u Of U bar StatiSti CS. Average a nnual Cha nge far th e 12 MONTHS endi ng June pri or to the Rate Yea r a nniversa ry date compa red to the 12 months endi ng June in the previ ous yea r. (2) Example rates listed. Adjustment applies to all rates.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit E Page E-1
/43372
EXHIBIT E:

EXAMPLE CALCULATION FOR AVERAGE ANNUAL CHANGE IN

PUBLISHED INDEX
The rate adjustment index is calculated using the "average annual change" as demonstrated in the example below, measured for the 12 months ending June prior to the Rate Year anniversary date compared to the 12 months ending June in the previous year. The Bureau of Labor Statistics publishes the Consumer Price Index for All Urban Consumers for Garbage and Trash Collection (CUUROOOOSEHGO2) - u.s. City average.

If a rate adjustment based on this index were to be implemented as of January 1, 2022, the average annual index for the 12 months ended June 2021 of 517.202 would have been the "New Index Value" to be used in Column B of the example rate adjustment formula in Exhibit 5-1, and the average annualindex for the 12 months ended June 2020 496.679 would have been the "Old Index Value" in Column A. This would have resulted in a

4.1% increase to the rates as calculated in Column C of Exhibit 5-1.

Consumer Price Index - All Urban Consumers, u.s. City Average Garbage and Trash Collection, CUUROOOOSEHGO2
CPI-All Urban Consumers (Current Series)
Original Data Value
Series Id: CtJtlROOOOSEHGO2
Not Seasonally Adjusted
Series Title: Garbage and trash collecUon in u.s. city aihrage, all Area: ll.S. city average
Item: Garbage and trash collecUon
Base Period: DECEMBER 1983=100
Years: 2008 to 20'l8
Average
Year Jul Aug Sep act Nov Dec Jan Feb Mar Apr May Jun Annual 2019/2020 482.138 483.987 4B4.346 4B6.133 486.485 486.708 491.003 494.429 495.288 494.432 494.948 496.679 489.715 2020/2021 498.564 500.882 501.756 503.315 504.970 508.190 512.722 517.270 518.505 518.579 518.440 517.202 509.866 AverageAnnualChange 4.1%
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit E Page E-2
373

EXHIBIT F

REPORTING REQUIREMENTS
Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed. Reports are intended to compile recorded data into useful forms of information that can be used to, among other things:

1. Determine and set Rates and evaluate the financial efficacy of operations.

2. Evaluate past and expected progress towards achieving the Contractor's Diversion goals and objectives.

3. Provideconciseandcomprehensiveprograminformationandmetricsforuseinfulfillingreporting requirements under Applicable Law.

4. Determine needs for adjustment to programs.

5. Evaluate Customer service and Complaints.

6. Determine Customer compliance with AB 341, SB 1383, and any subsequent State-mandated Recycling requirements.

1. Monthly Report Content
Monthly reports shall be submitted by Contractor to the City and shall include the following information pertaining to the most recently-completed calendar month. In addition, each monthly report shall include a year-to-date summary page that includes the data submitted from the monthly report(s) submitted in the calendar year prior to the submittal of the current monthly report. Contractor shall report the information included in the following subsections.

A. Tonnage Report

1. TonnagedeliveredtoeachApprovedFacilitybyCustomerType,subtotalingandclearlyidentifying those Tons that are Diverted and those that are Disposed.

2. Units of E-Waste, U-Waste, and Bulky Items Collected by Customer Type.

3. Solid Waste Tonnage Disposed.

4. Recyclable Materials Tonnage Marketed (by commodity and including average commodity value for each) and Processing Residue Tonnage Disposed.

5. Bulky Items and Reusab!e Materials Tonnage Marketed and Tonnage Disposed from non- Divertible materials and Processing Residue.

6. Monthly Diversion rate by Customer Type and in aggregate for all Customer Types under this Agreement.

B. Diversion Report
Contractor shall report the Diversion level for each month and the cumulative year-to-date Diversion Level, where Diversion level shall be calculated as: (Discarded Materials Collected - Solid Waste Collected - Processing Residue Disposed) / Discarded Materials Collected.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit F Page F-1
l'fG-374

EXHIBIT F

REPORTING REQUIREMENTS
Revenue Report
Provide a statement detailing Gross Receipts from all operations conducted or permitted pursuant to this Agreement as required by Section 7.4.

Customer Subscription and Collection Report

1. A summary of Customer subscription data, including the number of accounts; the number of Customers subscribing to each Service Level listed separately by Customer Type and Discarded Material type.

2. Number of Containers at each Service Level by Customer Type and program. Summarizing the total gallons of Cart service, cubic yards of Bin service, and pulls and cubic yards or Tons of Roll- Off Box and Compactor service by Customer Type. Report should calculate the average volume of service received per: Single-Family Dwelling Unit (separately identifying Dwelling Units in a duplex, triplex, or fourplex); Multi-Family Dwelling Unit; and, Commercial Customer.

3. List of all Commercial and Multi-Family Customers with Solid Waste service. Such list shall include each such Customer's service address and subscribed Solid Waste, Recyclable Materials, and Organic Materials Service Levels, and other information as required by Section 5.12 of the Agreement. The list should include all information in one line for each Customer illustrating the Service Level for each Material Type and the total Service Level for all Material Types the Customer has subscribed to.

4. NumberofBulkyltem/ReusableMaterialsCollectioneventsbyCustomerType.

5. Number of Customers subscribing to each City approved service exemption by Customer Type; including the total number of de minimis waivers, physical space constraint waivers, and Collection frequency waivers granted in the month in accordance with Section 4.9, including the Customer name and address for each waiver

6. The number of waivers reviewed, and number of reverification inspections performed by the Contractor pursuant to Section 4.9.2 of this Agreement in the month, if any, including a copy of documentation for each waiver review and reverification inspection.

7. List of Commercial Generators with decreased Service Levels, cancellation of service, and new service.

City Services Report

1. City facility Diversion rate report (i.e., volume of service by Service Type received by each City Facility and the percentage of the total Service Levels that are for Diversion services relative to the total).

2. SummaryreportontheprogramsofferedtoCityasdescribedinExhibitB5focusedonwheneach service was provided, and any issues/concerns identified.

F. Customer Service Report
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit F Page F-2
1% 375

EXHIBIT F

REPORTING REQUIREMENTS

1. Number of events of Discarded Materials being tagged for Non-Collection summarized by the reason for tagging (e.g., inclusion of non-Recyclable or non-Compostable materials, improper set- out, Hazardous Waste, etc.).

2. NumberofCourtesyPick-UpCollectionssummarizedbythereasonforleavingaCourtesyPick-Up Notices (e.g., inclusion of non-Recyclable or non-Compostable materials, improper set-out, Hazardous Waste, etc.).

3. ListofCustomersforwhichContractorhasperformedaCourtesyPick-UpCollection,includingthe Customer address, and material type for which the Courtesy Pick-Up Collection was performed.

4. RecordofSBl383non-complianceComplaintsreceived,includingthefollowinginformation:
a. Total number of Complaints received, and total number of Complaints investigated. b. Copies of documentation recorded for each Complaint received, which shall at a minimum include the followinginformation: (i) The Complaint as received; (ii) The name and contact information of the complainant, if the Complaint is not submitted anonymously; (iii) The identity of the alleged violator, if known; (iv) A description of the alleged violation; including location(s) and all other relevant facts known to the complainant; (v) Any relevant photographic or documentary evidence submitted to support the allegations in the Complaint; and, (vi)The identity of any witnesses, if known.

C. Copies of all Complaint reports submitted to the City, pursuant to Article 6 of this Agreement.
d. Documentation of any follow-up inspections and/or outreach, if any, conducted upon City request pursuant to Section 4.7.4 of this Agreement, which shall include at a minimum:
(i) The date the Contractorinvestigated the Complaint; (ii) documentation of the findings of the investigation; and (iii) Any photographic or other evidence collected during the investigation.

H. Contamination Monitoring Report

1. ThenumberofroutereviewsconductedpursuanttoSection4.10ofthisAgreement.

2. Description of the Contractor's process for determining the level of contamination or Bin overfilling during route reviews. Contractor shall document the contamination and/or overfilling through use of film or digital photography.

3. A record of each inspection and contamination fee assessed, which shall include, at a minimum:
a. Name and address of the Customer;
C. The date the contaminated Container was observed; d. The staff who conducted the inspection;
e. The total number of violations found, and a description of what action was taken for City of South Gate, July 12, 2022 Franchise Agreement, Exhibit F Page F-3
/4?-376

EXHIBIT F

REPORTING REQUIREMENTS
each;
f. Copies of all notices to Customers with Prohibited Container Contaminants; and, g. Photographic documentation.

4. Documentation of the total number of Containers Disposed of due to observation of Prohibited Container Contaminants.

5. Summary report of Courtesy Pick-Up Notices, Non-Collection Notices, and/or Contamination Processing Fee assessment notices issued, which for each notice shall include the date of issuance, Customer name, and service address.

6. A list of all Customers assessed Contamination Processing Fees, pursuant to Section 4.10 of this Agreement, reported separately by Customer Type, and including the Customer name Customer address, and reason for the assessment of the Contamination Processing Fee; the total number of instances Contamination Processing Fees were assessed in the month; and, the total amount of fees collected in the month.

7. Results of the waste characterization studies conducted pursuant to Section 4.10.2 of this Agreement.

8. AnyotherinformationreasonablyrequestedbytheCityorspecifiedincontaminationmonitoring provisions of this Agreement.

Quarterly Report Content
A. Education and Outreach

1. A copy of all education and outreach materials provided to Generators, or otherwise used for education and outreach efforts in accordance with Section 4.5 of the Agreement and Exhibit C, including, but not limited to: flyers, brochures, newsletters, invoice messaging/billing inserts, and website and social media postings.

3. A record of the date and to whom the information was disseminated, or direct contact made, in the form of a list that includes: the Generator's name or account name, the type of education or outreach received; the distribution date, and the method of distribution.

4. For any mass distribution through mailings or bill inserts, provide a record of the date, a copy of the information distributed, and the type and number of accounts that received the information.

5. A copy of all electronic media, including the dates posted or sent of: social media posts, e-mail communications, or other electronic messages. A summary report shall be provided for electronic marketing that itemizes each communication and reports performance metrics for each that are relevant to that type of communication (e.g., open and click-through rates for email marketing, engagement numbers for social media, etc.).

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit F Page F-4
/4-';?'377

EXHIBIT F

REPORTING REQUIREMENTS

6. Summary of the results of the Diversion opportunity assessments provided to Customers (reporting Multi-Family separate from Commercial) by identifying the number of Diversion opportunity assessments conducted each month in the most-recently completed quarter, and contact information including address, contact names, telephone number of Persons contacted, number of Dwelling Units (for Multi-Family), and the Recyclable Materials, Organic Materials, and Solid Waste Service Level for each complex. Include any Service Level changes resulting from such visits.

7. Summaryofthepubliceducationmaterialsandactivitiesprovidedtoschoolsinthemonth,ifany; including results from Diversion opportunity assessments as described in Exhibit C.

8. Dates, times, and group or event names of any site visits, meetings, and events attended in the month.

3. Annual Report Content
The annual report shall be the final monthly report, including annual totals, summary pages, and a compilation of any materials required by the monthly reports, plus the following additional information.

A. Summary Assessment
Provide a summary assessment of the programs performed under this Agreement from Contractor's perspective relative to the financial and physical status of the program. The physical status assessment shall reflect how well the program is operating in terms of efficiency, economy, and effectiveness in meeting all the goals and objectives of this Agreement, particularly the Contractor's Diversion goals.

Provide recommendations and plans to improve and highlight significant accomplishments and problems.

Results shall be compared to other similar size communities served by the Contactorin the State.

B. Collection and Processing Report

1. The total Tonnage amount of Discarded Materials, listed separately by Discarded Material type, removed from homeless encampments and illegal disposal sites as part of an abatement activity, listing each Collection event separately by date, location, and Tonnage Collected, pursuant to Exhibit B4-12.

2. A record of all compliance agreements for quarantined Organic Waste that are Disposed of, including the name of Generator, date issued, location of final disposition, and the amount of quarantined Organic Waste that was required to be Disposed at a landfill, pursuant to Section

4.9.3. B of the Agreement.

3. Written notification that the Approved Organic Waste Processing Facility(ies) has and will continue to have the capabilities to Process and recover the Compostable Plastics, in accordance with Section 4.1.J of the Agreement.

C. Education and Outreach Report
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit F Page F-5
378

EXHIBIT F

REPORTING REQUIREMENTS

1. A summary of the status of the annual education plan of the reporting year, including activities conducted and the quantitative and/or qualitative results of those activities.

2. The annual public education plan required by Section 4.5 of the Agreement and Exhibit C for the upcoming then-current calendar year. For example, Contractor submittal of a 2023 annual report in February 2024 shall include Contractor submittal of the annual public education plan for calendar year 2024.

D. Commercial Edible Food Generator Report

1. Commercial Customer list including contact information requested by the City Manager and designation of each Commercial Customer as either "Tier 1", "Tier 2", or "Non-Covered" Edible Food Generator.

E. Vehicle Inventory

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

2. ThetotalamountofRNGprocuredbytheContractorforuseinContractorvehicles,indieselgallon equivalents (DGE), including copies of any receipts, invoices, or other similar documentation evidencing procurement. In addition to the amount procured, Contractor shall include the total amount actually used in Contractor vehicles in the calendar year, if these values are different.

3. The name, physical location, and contact information of each entity, operation, or facility from whom the Contractor procured RNG for Collection vehicles.

G. AB 341 Compliance
Provide a listing of Commercial Customers
service per week who do not currently
Contractor.

H. Local Purchasing
subscribing to four (4) or more cubic yards of Solid Waste subscribe to Recyclable Materials Collection service from Provide a listing of all items purchased within the City for the reporting period as required in Section 5.11 of the Agreement.

3. Additional Reports
A. Upon Incident Reporting. City reserves the right to request additional reports or documents in the case of unforeseen events or additional requirements imposed upon the City. The Contractor shall provide the requested reports, documents, or information within ten (10) Business Days upon receipt of the request or within a timeframe determined by the City Manager.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit F Page F-6
15?)379

EXHIBIT F

REPORTING REQUIREMENTS
B. AB 901 Reporting. At the City's option, City may require that Contractor provide the City copies of Contractor's AB 901 reports on a regular basis (such as monthly, quarterly, or annually) or within ten (10) Business Days of the request.

C. Customized Reports. The City reserves the right to request Contractor to prepare and provide customized reports from records Contractor is required to maintain; or require a specified format or submission system, such as the use of a web-based software platform.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit F Page F-7
380

EXHIBIT G

SECTION RESERVED
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit G Page G-1
/52381

EXHIBIT H

CONTRACTOR'S FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BYTHESE PRESENTS:

That , a California , as PRINCIPAL, and
, a Corporation organized and doing business by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as SURETY, are held and firmly bound to the City of South Gate ("City"), hereinafter called OBLIGEE, in the penal sum of six hundred and fifty thousand dollars (S650,000) lawful money of the United States, for the payment of which, well and truly to be made, we and each of us hereby bind ourselves, and our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT:

WHEREAS, the above bounden PRINCIPAL has entered into a contract, entitled "INTEGRATED SOLID WASTE MANAGEMENT SERVICES" with City, to do and perform the following work, to wit: Collect, Process and Dispose of Solid Waste generated within City, in accordance with the contract.

NOW, THEREFORE, ifthe above bounden PRINCIPAL shall well and truly perform, or cause to be performed each and all of the requirements and obligations of said contract to be performed by said PRINCIPAL, as in said contract set forth, then this BOND shall be null and void after receipt of written release from the City as described in Section 9.7 of this Agreement; otherwise it will remain in full force and effect.

And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

In the event suit is brought by OBLIGEE to enforce the provisions of this bond, said Surety will pay to OBLIGEE reasonable attorneys" fees, plus costs of suit, in an amount to be fixed by the court.

IN WITNESS WHEREOF, said PRINCIPAL and said SURETY have caused these presents to be duly signed and sealed this DAYOF , 20
a California Corporation SURETY
BV:
(PRINCIPAL)
BY:
(ATTORNEY IN FACT)
(SEAL) (SEAL)
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit H Page H-1
76;3382
EXHIBIT I:

NOT ARY CERTIFICATION

STATE OF CALIFORNIA
COUNTY OF ) ss:
, ,beforeme,theundersigned,aNotaryPublicinandfortheState of California, personally appeared
, known to me to be the
of Contractor that executed the within
instrument on behalf of Contractor therein named, and acknowledged to me that such Contractor executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Countyof this dayof
Notary Public
My Commission Expires:

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit I Page I-1
ts4 383
EXHIBIT K:

ENVIRONMENT ALLY PREFERABLE PURCHASING POLICY
EXCERPT FROM CONTRACTOR'S INITIAL PROPOSAL. IMPLEMENT ATION PLAN AND SCHEDULE WILL BE

REFINED SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT
UWS will assign a City Liaison which will be Matt Blackburn and he will be the primary contact for implementation and will personally oversee the transition. Matt coordinated the transition in the City of Los Angeles, Maywood and Los Alamitos.

For purposes of the Timeline, it is assumed that the City Council will award the Franchise Agreement in July of 2022 and that service will commence on January 1, 2023.

Contract Award
Our executive team will be present in-person (or virtually as conditions may dictate) to ensure that we meet the timeline established in the RFP. Our Executive Management team includes the Owners and Senior Management personnel.

Execution of %reement
Within five (5) calendar days following award of the contract, our executive team will be prepared to execute the Agreement and provide all supplemental exhibits and forms.

Certificates of insurance
Upon execution ofthe Agreement, we will file with the City Clerk copies ofthe certificates ofliability policy forms and required endorsements evidencing the insurance required in Franchise Agreement.

Performance Bond and/or Letter of Credit
Within five (5) calendar days following execution of the Agreement, we will provide a Performance Bond and/or Letter of Credit described in Franchise Agreement in the amount of one million dollars (91,000,000.00).

Recruiting
Job Announcement
Following the award of the franchise agreement by the City Council, our representatives will post, and distribute an Employment Announcement for employees of the current service provider who may be displaced due to the change in contractors. The announcement will provide details on a proposed job fair where UWS representatives will be available to answer questions, describe pay and benefits and offer employment. Our goal would be to employ any and all displaced workers from the current service provider.

One-On-One Visit
Prospective employees are also invited to meet individually by appointment with a representative of our Human Resources Department to hear more about the benefits of working for UWS.

New Employee Orientation
We will host a mandatory New Employee Orientation for each prospective qualified individual that joins our team. The Orientation will be held approximately 60 to 90 days before we commence services in order to ensure a safe and smooth transition. Employees will be compensated for attending the orientation.

Transition Activities
Customer Support Activities
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit K Page K-1
384
EXHIBIT K:

ENVIRONMENTALLY PREFERABLE PURCHASING POLICY
CustomerService Representative Training
In the weeks leading up to the start of service, reference materials for use by our Customer Service Representatives will be prepared and the Customer Service Representatives will undergo training before education and outreach activities commence so that they are prepared to receive and respond to Customer inquiries. This is an area that UWS has developed over the past few transitions and has been the key to a smooth and seamless transition. We will work diligently with our CSRs to make sure that are ready to address questions during and after the transition.

Customer Record Mawgement
We will solicit customer information from the outgoing contractor and the City in order to maximize the accuracy. If we can start with an accurate data base of information, we will have a successful transition.

UWS has worked successfully with many haulers during their transition so we are confident that we can safely assume the experience would be similar with Waste Management.

Subscriptions
We will mail subscription reservation forms to each Residential Customer to determine the Customer's preference of cart size and quantity and confirm billing information. Customers who do not respond with their subscription preferences will be assigned three 95 - gallon carts (GREY, BLUE and GREEN).

Outreach Activities
We will employ a multi-faceted approach to our public outreach campaign to help residents and businesses comply with the new program requirements, mandates and gain the most from our services.

Below is a list of media we will use to provide for a successful implementation.

Website
As the recommended service provider, we will prepare a web page to illustrate our approach to public outreach. This web page will initially be available for private review by City officials and will go public after the City Council approves the Agreement. This will be a place where residents and business can go to receive up to date information in real time.

Social Media
After award of the agreement, we will initiate and continually utilize traditional social media outlets to inform our followers about our services and educate them regarding policies, procedures, and local and State mandates. We have found this type of communication is very effective and provides excellent data for the residents and businesses.

Brochures
For service roll-out, we will distribute professionally prepared literature designed to: welcome customers, explain our services, announce service and holiday schedules, and describe local and state requirements.

This brochure will be tailored to the City, the programs and provide detailed information on all ancillary services.

Town Hall Meeting
Prior to the start of service, we will host a multiple town hall meetings to introduce ourselves to the community and describe services and local and state requirements. UWS believes this is a good way to get out in front of the community so they can but face with the name of the company. UWS is prepared City of South Gate, July 12, 2022 Franchise Agreement, Exhibit K Page K-2
385
EXHIBIT K:

ENVIRONMENT ALLY PREFERABLE PURCHASING POLICY
to provide for multiple town hall meetings in necessary.

Neighborhood Organizations
Prior to the start of service, we will seek out neighborhood organizations to arrange to meet with residents in a more intimate multi-lingual setting to explain our services and local and state requirements.

A special emphasis of this outreach will be directed to owners and managers of multi-family complexes.

Business Organizations
We will arrange to meet with members of business organizations to explain our services and local and state requirements. A special focus of this outreach will be directed owners and managers of eating and drinking establishments to help them understand their recycling and organic waste recycling obligations.

Public Facility Managers
We will reach out to individual public agency facility managers in an effort to establish model programs that maximize diversion.

Mandatory Recyding Program Outreach
As described in the Mandatory Recycling Programs Implementation Plan Section, our Zero Waste Account Representatives will make in-person contact with the representatives of each business establishment and each Multi-Family complex to confirm account information, explain service options and requirements, and arrange for service subscriptions.

Operational Activities and Equipment
Training
In the weeks leading up to starting service, we will conduct mandatory off-hour training sessions to familiarize transitioning employees with our procedures and technologies. Transitioning employees will be compensated for attending training sessions. This early activity with the personnel assigned to the City of Los Alamitos will again provide for a seamless transition with minimal disruption to the services.

Routing
We will optimize our collection routes with a computerized routing system and onboard devices that provide each driver all needed information for each stop including turn-by-turn directions. These data- driven driver assists will enable our drivers to complete routes error free. We will work to match the existing routes deployed by your current service provider in order to minimize the disruption to the customers.

Collection Vehicles
We currently have a sufficient number of new Renewable Natural Gas (RNG) powered collection vehicles to fulfill the requirements of the Agreement. We will not need to procure any additional equipment to meet the service requirements in the agreement.

Collection vehicles used in the City of South Gate will be equipped with 3rd Eye Systems fleet management and recording mobile camera systems. This latest technology provides us with turn by turn review of the driver's activities as well as a camera system that provides documentation of our services and records the driver's daily performance.

Carts
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit K Page K-3
386
EXHIBIT K:

ENVIRONMENTALLY PREFERABLE PURCHASING POLICY
Following execution of the agreement, we will place the order for the carts to be distributed to Residential and Commercial customers receiving individual cart collection. We have currently have stock of carts with our manufacture that could fulfill the cart requirements for the City of South Gate.

Each residential and commercial customer utilizing cart service will receive a new set of carts one-week prior to their collection day at the latest in order to prepare for commencement of service on January 1, 2023 For most customers, that delivery schedule should synchronize with the last scheduled collection day performed by the outgoing service provider.

Each set of new carts distributed curbside will include a securely attached welcome packet in a weather- resistant pouch providing the customer with details on the upcoming program.

Commercial Bins & Roll-Off Containers
We currently maintain a working inventory of commercial bins and roll-off containers to meet the needs of our existing Customers. Following execution of the agreement, we will place orders for additional commercial bins and roll-off boxes if necessary, so that we have a sufficient number of containers to satisfy the needs of the customers.

UWS will procure additional containers if necessary and coordinate delivery of our containers with the remove of the current contractor's containers at one time. This approach eases the coordination of container removals and deliveries, works best with limited enclosure space and makes for a seamless transition for the Customer.

The implementation timeline assumes that container assets will be acquired from the outgoing service provider.

Bulky Item Collection
After reviewing the draft agreement, UWS proposes to handle the bulky-item collection as required in the RFP as well as provide an on-call service if a resident or multi-family residents is in need of additional service.

UWS proposes to use a flatbed collection vehicle to complete the bulky item collection program. Using a flatbed for collection will allow us to bring the items back to our fleet yard to determine the best use for the items prior to disposal.

UWS will use best management practices to follow the hierarchy of reuse, disassemble for reuse or recycling, recycle, and disposal. UWS will encourage customers to provide accurate information of the items that are being collected. UWS will encourage customers to donate to Goodwill or Salvation Army similar programs as much as possible.

Abandoned Item Sweep and Clean-up
UWS proposes to meet the requirements in the RFP and Franchise Agreement related to the abandon item sweep service. UWS will provide a collection of abandon items in in the public right of way. In addition, UWS will also survey the areas on a weekly basis during residential collection to ensure that abandon items are not accumulating on a weekly basis. UWS drivers will document where items are located and provide that information to dispatch to have a bulky-item collection truck collect them in order to try and minimize the accumulation of these types of items. This additional service is included in the proposed rate structure.

E-Waste Collection
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit K Page K-4
387
EXHIBIT K:

ENVIRONMENTALLY PREFERABLE PURCHASING POLICY
Included as part of the bulky-item collection, UWS will collect e-waste items (televisions, and computer monitors and other electronic equipment) that fall under the definition of e-waste. These items will be collected from single and multi-family residents on their normal collection day prior advanced notice has been made. The items will be disposed ofin accordance with proper guidelines.

Sharps Collection Progr"am
UWS has developed and will implement a Sharps Collection program for the single and multi-family residents ofthe City. The program will be a mail-back sharps program and will be available to any residents who makes the request for the service at no additional charge. Disposal of the sharps will be handled as required by law in order to ensure proper disposal.

Holiday Tree Collection and Recycling
UWS will collect Christmas trees immediately following Christmas Day and for the first two weeks of January to ensure that all trees are collected and recycled. Once the trees are collected, they will be transported to the UWS owned Green Wise Compost facility for processing and mulching. The trees will be separated and have all contaminates removed prior to processing. Once mulched, the ground up trees with be blended with the other compost at the facility for delivery to a secondary market.

Sub-Contractors
Southland Disposal
Southland Disposal Company is family owned and operated with located in close proximity to South Gate with over 100 years of experience in the waste and recyclingindustry. The company was started when the Arsenian family emigrated from Armenia to the Los Angeles area in the early 1900's. Robert Arsenian's grandfather Aram Zakaroff began as a scavenger collecting and reselling items to save enough money to send for his family from Armenia.

After many years of hard work, the scavenging business evolved into the rubbish business and ultimately today we are operating as a full-service waste and recycling company. As the industry changed, the family business ventured into the hog raising business as an extension of collecting garbage from the commercial accounts to be processed and fed to the hogs.

Robert Arsenian has been the sole proprietor of Southland since 1971 and his company today has multiple franchise agreements, he owns and operator the City Terrance Material Recovery and transfer Station and they were just recently awarded a new exclusive franchise agreement with the City of Glendale.

Fleet Genius
On January 1, 2021, CDSRVS, LLC and Container Management Group, LLC (collectively, CanDO!") rebranded as "Fleet Genius". This rebranding is tied to the value proposition sought by our customers:
improved customer experience and increased sustainable logistics and asset management services utilizing our proprietary cutting-edge technology platform.

We are very proud to build upon our heritage and to keep the same CanDO!o' attitude and customer- centric culture that our clients have known for over 20 years as their trusted partner, while growing our team and executing extensive internal development of new technologies and refined processes focusing on sustainability.

Bins are some of your most valuable assets. Most companies do not have the resources to effectively and efficiently manage their container inventories. This often leads to skyrocketing yearly capital equipment City of South Gate, July 12, 2022 Franchise Agreement, Exhibit K Page K-5
388
EXHIBIT K:

ENVIRONMENTALLY PREFERABLE PURCHASING POLICY
expenses, workers comp injuries, and poor customer service. Fleet Genius eliminates the headache of managing your containers and helps provide significant cost savings for your operations. Fleet Genius helps you focus on critical revenue-generating activities and provides you with peace of mind knowing that your valuable assets and customers are in capable hands.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit K Page K-6
/@O389
EXHIBIT L:

AB 341 AND SB 1383 IMPLEMENTATION PLAN
EXCERPT FROM CONTRACTOR'S INITIAL PROPOSAL. AB 341 AND SB 1383 IMPLEMENT ATION PLAN

WILL BE REFINED SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT Background
AB 341 (Mandatory Commercial Recycling) - Requires commercial establishments (i.e., businesses including public entities that generate 4 cubic yards or more of solid waste per week, and multi-family complexes of 5 or more dwelling units) to arrange for recycling services (i.e., recycling of containers and fiber products).

AB 827 ( Recycling Containers) - Requires that businesses subject to AB 341 and AB 1826 and that are frequented by the public must provide recycling containers for public use.

AB 1826 (Mandatory Commercial Organic Waste Recycling) - Requires businesses that generate 2 cubic yards or more of commercial solid waste per week to arrange for organic waste recycling services.

SB 1383 (Organic Waste Methane Emissions Reduction - Requires a 75% reduction in the 2014 disposal of organic waste including a 20% recovery edible food waste for human consumption.

Three key dates established by SB 1383 will occur during the term of the Franchise Agreement:

January 1, 2022. CalRecycle's regulations to meet the organic waste reduction and the edible food recovery targets take effect. Also, on this date, the enforcement provisions, including penalties for noncompliance issued by the State, take effect. Legislation (SB619 Laird) passed in 2021 has made some changes to the potential penalties and fines associated with the bill, however Cities are still required to move forward with implementation and compliance.

January 1 , 2024. CalRecycle's regulations may require local jurisdictions to impose penalties for noncompliance on regulated entities subject to their authority.

January 1, 2025. The State (and presumably each jurisdiction) must achieve 75% reduction in the disposal of organic waste (from 2104 levels); and, not less than 20% of currently disposed edible food must be recovered for human consumption.

Experience
RecycleLA, the City of Los Angeles' Zero Waste program, was designed before SB 1383 was adopted and yet the program anticipated what would become the State recycling and organic waste recycling mandate.

As a Contractor for RecyLA servicing the Northeast zone, we have been able to perfect our diversion implementation plan, recruit and train our team, and hone our customer education and outreach skills.

Our Zero Waste team has extensive experience in assessing our customer needs, personalizing programs and getting results. This implementation plan is a product of that experience.

Staffing
Our Zero Waste Team is made up of fourteen Zero Waste Account Representatives with public relations skills and special training and expertise to personally assist Customers with tailoring solid waste services that maximize the recovery of recyclable material and organics.

Identification & Outreach
The first step in compliance begins with identifying the customer and assessing their waste and recycling needs. We accomplish this by following the steps listed below.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit L Page L-1
390
EXHIBIT L:

AB 341 AND SB 1383 IMPLEMENTATION PLAN
Introductory Mailing
Sixty (60) days before the start of service, we will introduce the Recyclable and Organic Waste Recycling Program to Commercial and Multi-family Customers with a direct mailing to each Customer.

Initial Visit
Thirty (30) days following the introductory mailing, members of our Zero Waste Team will begin making personal visits with each account to introduce UWS services, confirm account information, perform a waste assessment, and create a service order with new service recommendations. The initial visit is a very important part of our outreach and education process.

Outreach & Education
In the initial visit, Zero Waste Account Representatives will provide Customers with literature introducing UWS and explaining Recycling, Organic Recycling, and Food Donation opportunities.

Confirm Account Information
Zero Waste account Representatives will verify the service and billing address, contact information, and service levels.

Waste Assessment
In the waste assessment portion of the initial visit, Zero Waste Account Representatives will make determinations about container location, container fullness on service days, use of recycling containers, willingness to donate edible food (if applicable), and issues that might impede collections.

Another objective of the initial visit will be to explain ways that the Customer can reduce costs while complying with diversion mandates.

During the initial visit, our Zero Waste Account Representatives will also make a determination regarding the Customer's compliance with AB341, AB1826 and AB827. When compiled, these individual determinations will become the City's database for compliance monitoring, enforcement, and reporting to CalRecycle.

When a Customer performs Recyclable or Organic Waste Recycling by self-hauling or through another authorized provider (e.g., yard waste removal by a landscape maintenance contractor), this information will be recorded.

Technology
Each member of our Zero Waste Account Team uses a Zero Waste Compliance Tool tablet application that guides the account representative through the initial visit process. It will also be used for follow-ups, monitoring, and enforcement procedures. The app allows the representative to attach photographs to the Customer record.

Monitoring
Compliance monitoring will be an ongoing procedure conducted by our Zero Waste Team. The monitoring process will consist of two elements: (1) Enrollment monitoring; and, (2) Contamination monitoring.

Enrollment Monitoring
Accounts that do not enroll in the appropriate diversion services will be identified in monthly exception reports generated for Zero Waste Team members to revisit the account and attempt to arrange services.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit L Page L-2
391
EXHIBIT L:

AB 341 AND SB 1383 IMPLEMENTATION PLAN
A listing of accounts that fail to enroll in required diversion services will be provided to the City monthly for enforcement action.

Participation Monitoring
Accounts that are enrolled in recyclable and Organic Waste recycling services will be inspected on a periodic basis to confirm their participation and inspect for container contamination in a procedure referred to a lid flipping.

Customers not utilizing BLUE, GREEN or BROWN containers as intended will be personally contacted by a Zero Waste Account Representative as an outreach and education measure. Customers who do not make themselves available orwho refuseto complywill be documented and theinformation will be shared with the City.

If contamination of BLUE, GREEN or BROWN containers is found to be an issue, the Zero Waste Account Representative will arrange a training session with the Customer to rectify the issues. Ongoing contamination issues will incur extra charges and potential removal of containers resulting in the Customer being reported to the City as not being in compliance.

All monitoring inspections and their outcomes are recorded in the Zero Waste Compliance Tool.

Reporting
Within 30-days following the start of service and monthly thereafter, UWS will transmit a report to the City identifying the following:

AB 341
o Total number of covered businesses
o Total number of exempt businesses
o Listing of exempt businesses
o Total number of covered businesses recycling
o Total number of covered businesses not recycling o Listing of each business not recycling
o Total number of covered multi-family complexes
o Total number of exempt multi-family complexes
o Listing of exempt multi-family complexes
o Total number of covered multi-family complexes recycling o Total number of covered multi-family complexes not recycling o Listing of each multi-family complex not recycling AB 1826
o Total number of covered businesses o Total number of exempt businesses o Listing of exempt businesses
o Total number of covered businesses recycling organic waste o Total number of covered businesses not recycling organic waste o Listing of each business not recycling organic waste o Total number of covered multi-family complexes
o Total number of exempt multi-family complexes o Listing of exempt multi-family complexes o Total number of covered multi-family complexes recycling organic waste o Total number of covered multi-family complexes not recycling organic waste City of South Gate, July 12, 2022 Franchise Agreement, Exhibit L Page L-3
/k3 392
EXHIBIT L:

AB 341 AND SB 1383 IMPLEMENTATION PLAN
o Listing of each multi-family complex not recycling organic waste AB 827
o Total number of businesses
o Total number of exempt businesses
o Total number of businesses in compliance
o Total number of businesses not in compliance
o Listing of each business not in compliance
Enforcement
UWS will suppon City's enforcement efforts and assist with follow-up outreach and education efforts as necessary.

City of South Gate, July 12, 2022 Franchise Agreement, Exhibit L Page L-4
/M393

ATTA(,HMENT B
City of South Gate
Residential Rate Comparison Jursidictions with Residential Food Waste Collection Sorted Lowest to Highest (1)
Line Jurisdiction Monthly Rate
I Hawaiian Gardens $ 20.95
2 Redondo Beach $ 22.72
3 Alhambra $ 22.78
4 Hermosa Beach $ 22.87
5 Manhattan Beach $23.14
6 Signal Hill
' j_Jlall I
$ 23.15
7 qWsThseJ-rTh-;_) --- -- $ 24.21 '
8 Santa Clarita - ---$-25.06
g La Verne $ 27.36
10 Arcadia $ 29.99
11 Lawndale $ 31 .80
12 Baldwin Park $ 34.29
13 Calabasas $ 35.34
14 Monrovia $ 36.47
15 Bell Gardens (3) $ 37.69
16 Pasadena $ 40.99
17 Temple City $ 42.44
18 Culver City $ 44.21
19 Rolling Hills Estates $ 49.37
Rates may change July 1, 2022 or January 1, 2023 Selected proposer rate will be effective January 1, 2023 Rate effective September 1, 2022
/K394

ATTA(,HMENT C
Amendment No. 2
Contract No. 2021-70-CC
AMENDMENT N0. 2
TO CONTRACT N0. 2021-70-CC WITH HF&H

FOR PROFESSIONAL SERVICES FOR

ASSIST ANCE WITH THE COMPETITIVE

PROCUREMENT FOR A SOLID WASTE

CONTRACTOR
This Amendment No. 2 to Contract No. 2021-70-CC for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Amendment No. 2"), is made and entered into on July 12, 2022, by and between the City of South Gate, a municipal corporation ("City"), and HF&H Consultants, LLC., a California corporation ("Consultant"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS:

WHEREAS, on May 11, 2021, the City Council approved ContractNo. 2021-70-CC with Contractor ("Agreement") for professional services to develop a Request for Proposal and manage the competitive selection process to procure a new franchise agreement for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of One Hundred Fifty Thousand Dollars ($150,000).

WHEREAS, Amendment No. 1 included a scope of work to negotiate with all with three solid waste and recycling services providers in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of thirteen thousand dollars ($13,000).

WHEREAS, the City and Consultant desire to execute Amendment No. 2 for professional services in the amount of Seventy-Six Thousand Six Hundred Dollars ($76,600), in accordance with services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No.l to a total sum of Two Hundred Thirty-nine Thousand Six Hundred Dollars ($239,600).

NOW, THEREFORF,, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. SCOPE OF WORK.

City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Amendment No. 2. The Scope of Services may be mutually amended from time to time by both Parties in writing.

Page 1 of 3 ends

395
Amendment No. 2
Contract No. 2021-70-CC
TERM OF AGREEMENT.

The term of the Agreement shall be extended and will remain in effect through the transition of the new solid waste franchise agreement between the City and the solid waste hauler, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement, however, terminating no later than June 30, 2023.

COMPENSATION.

The amount of compensation to be paid by City to Consultant for the work identified in Exhibit "A" shall not exceed Seventy-Six Thousand Six Hundred Dollars ($76,600).

EFFECT OF AMENDMENTS.

Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section I above. Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.

IN WITNESS WHEREOF, the Parties hereto have caused this ArnendmentNo. 2to be executed and attested by their respective officers hereunto duly authorized. [Remainder of page left blank intentionally.]

Page 2 of 3 ends

396
Amendment No. 2
Contract No. 2021-70-CC
CITY OF SOUTH GATE:

BY:

Al Rios, Mayor
Dated:

ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

Raul F. Salinas, City Attorney
CONSULTANT:

By:

Laith Ezzet, Senior Vice President
Date:

Page 3 of 3 ends

397

EXHIBIT A
2081 Business Center Drive, Suite 265
Irviite, California 92612
Telepbone: (949) 251-8628
Fax: (949) 251-9741
zowtoJrfh-corisultwts.com
Robert D. Hilton, Enteritus
Jol'in W. Fari'ikopf, PE
Laitli B. Ezzet, CMC
Richard J. Siinonson, CMC
Marva M. Sheeliaii, CPA
Robert C. Hilton, CMC
July 6, 2022
Mr. Chris Jeffers
City Manager
City of South Gate
8650 California Avenue
South Gate, California 90280
Addendum #2 to Professional Services Agreement for Solid Waste Consulting Services Dear Mr. Jeffers:

As requested, we have provided a scope of services and fee estimate to perform solid waste collector transition management services and CalRecycle regulatory compliance assistance for the City of South Gate (City). We have also included a fee estimate of S5,000 to complete our negotiations assistance which outlines the additional tasks performed which were outside the original scope which have impacted our budget. The total cost for both services is S76,600.

The City selected Universal Waste Systems (UWS) at the Special City Council Meeting on June 27, 2022.

We will initiate the transition management services upon approval of our scope of work and fee estimate, and execution of the new Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services Agreement (Agreement).

We believe that HF&H brings the following qualifications and benefits to the City:

1. We are an industry recognized thought-leader in environmental strategic planning, goal setting, policy development and program implementation. Clients of HF&H receive innovative and pragmatic solid waste and recycling plans that have been developed with decade's worth of diverse experience. Our pioneer role in the zero-waste planning field, assisting communities such as the cities of San Diego, Santa Monica, and Livermore, and the County of San Diego, has provided us with an unmatched menu of services and programs, as well as unrivaled implementation experience. This range of experience allows us to develop both short and long-term goals that meet the specific needs of our clients, while maintaining a realistic understanding of the impacts on client costs and diversion.

2. HF&H is regarded OS the industry expert for 58 1383 compliance. In 2019, CalRecycle engaged HF&H to develop a stakeholder input group and create Model SB 1383 Implementation Tools and Guidance. These model tools were developed to support jurisdictions and other regulated entities across the state with implementing programs and policies to reach compliance with SB 1383 regulations. The model tools include a Model Enforcement Ordinance, Model Procurement Policy, Model Franchise Agreement, and Model Food Recovery Agreement. In total, HF&H has worked with over 70 communities throughout California, representing over 7 million residents, continuously 398
Mr. Chris Jeffers
July 6, 2022

Page 2 ends

adapting compliance to fit a variety of real-world conditions. Our range of experience supporting California jurisdictions with SB 1383 includes, but is not limited to, strategic planning, cost modeling, sole source and competitive procurements, ordinance development, and engagement in the regulatory process.

3. We identify the individual needs of our clients. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable parties, to set measurable, achievable goals. The purpose of these goals is to meet the specific needs of the community and achieve regulatory compliance while minimizing the financial impact on ratepayers. Again, our experience has helped us develop a vast array of facilitation methods, including online surveys, webinars, live streams, and council workshops. HF&H staff includes SWANA and CRRA certified zero waste instructors.

4. HF&H does not provide solid waste consulting services to waste haulers. HF&H exclusively provides consulting services to municipalities for the better interest of our clients and to avoid potential conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. We believe this independence is particularly important for managing a successful transition of service providers. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials.

Thank you for the opportunity to provide you with this information. We look forward to the opportunity to continue our partnership with the City. If you have any questions, please contact Debbie Morris at (949) 251-1106 or [email protected].

Very truly yours,
!.,4 Q l) q
Laith Ezzet, CMC
Senior Vice President
Debbie Morris, CMC
Senior Manager
Attachments:

1. Scope of Work and Fee Estimate to Provide Solid Waste Collector Transition Management Services and Additional Funds to Complete Negotiation Assistance 399
ATT ACHMENT 1
Scope of Work and Fee Estimate to Provide Solid Waste Collector Transition Management and CalRecycle Regulatory Compliance Services

SCOPE OF WORK
The City' new Agreement contains extensive service changes, including a cart for new organics collection at residential premises, mandatory commercial recycling and organics services, as well as many other requirements due to the requirements of Senate Bill 1383. Additionally, UWS will be assuming responsibility for residential billing which is currently performed by Golden State Water on behalf of the City. The tasks below outline our approach to providing service transition and CalRecycle regulatory compliance assistance.

Task 1: Track Submittal of Contractually Required Fees and Documents The Agreement contains items to be provided to the City in a short timeframe upon execution of the Agreement. These items include, but are not limited to:
* Contracting Fee
* Insurance Certificates
* Performance Bond and Letter of Credit
* Corporate Guaranty
@ Notary Certification
* Contractor's Implementation Plan
* Environmentally Preferable Purchasing Policy
* AB 341 and SB 1383 Implementation Plan
HF&H will prepare a complete list of all items and track submittal by the UWS using information and documents forwarded to us by the City and UWS.

Task IA: Review ContractoYs Implementation Plan and Schedule, and AB 341/SB 1383 Implementation Plan
In order to work toward a successful transition, it is imperative to have a comprehensive implementation plan and schedule. UWS is required to submit an implementation plan and schedule which HF&H will review and meet and confer with UWS and City staff to ensure that this will meet the contractual requirements and ensure that services will be provided by January 1, 2023.

Additionally, UWS is required to submit an AB 341/SB 1383 implementation plan. The City adopted the mandatory recycling and organics program ordinance which requires all generators of organic waste to have an organics waste program. This implementation plan should include the development of public education and outreach, a schedule of site visits to be performed, and a strategic services roll-out plan.

HF&H will review the proposed plan to ensure that it is complete and provide feedback.

Both of these implementation plans will be tracked by HF&H during the transition period.

July 6, 2022 Page 1-1 HF&H Consultants, LLC
400

ATTACHMENTI
Task 18: Review and Revision of Public Outreach Materials A successful transition will require thoughtful and accurate public education and outreach. Exhibit C of the Agreement includes newspaper articles, initial mailings, community workshops, recycling guides, printed public education materials, website content development, and a dedicated web site page for City-specific information, all of which will need to be developed by UWS prior to the transition of services.

HF&H will review drafts of public education and outreach materials proposed by UWS for accuracy and consistency with the provisions of the Agreement.

Task 1C: Review Reporting Forms
The City's Agreement requires UWS to submit monthly, quarterly, and annual reports. SB 1383 requires a substantial amount of data that must be submitted by jurisdictions, some of which must be available within 10 days of request by CalRecycle. In order to ensure proper reporting of the information required in the Agreement and SB 1383, HF&H will review UWS" reporting forms for consistency with the Agreement requirements.

TasklD: ReviewCustomerBillingFormatandReviewAccuracyofCityFeeCalculation The City's Agreement requires UWS to provide residential and commercial billing services for the City.

HF&H will review the proposed format for customer invoices for consistency with the Agreement requirements, and review UWS' calculation of City fees contained in the initial monthly fee report remitted to the City for consistency with the calculation methodology identified in the Agreement Task 1E: Bi-Weekly Virtual Transition Meetings
In order to ensure that transition tasks stay on schedule and to resolve issues as they arise, HF&H will prepare for and attend bi-weekly (every other week), virtual transition meetings with UWS and City staff during the service transition period.

Task 2: Mandatory Commercial Recyclin@ and Organics Regulation Compliance HF&H will track the progress of customer compliance with the SB 1383 mandatory programs. Additionally, HF&H will:

ASSiSt the City by preparing and submitting, for City approval, public education and outreach materials to encourage participation in the source separated recyclables and organics collection programs.

Review program participation levels and UWS"s outreach and discuss findings during the bi-weekly transition meetings with UWS and the City.

Prepare documentation to be included with the City's Electronic Annual Report (EAR) submitted to CalRecycle, and assist the City in responding to other inquiries by CalRecycle.

Brief the City on new updates to key recycling legislation.

Task 3: SB 1383 Assistance
In addition to the SB 1383 compliance tasks included in Task 2, HF&H will perform the following to assist the City in complying with SB 1383:

Page 1 ends

401
ATT ACHMENT 1
Review information provided by UWS to confirm that they provide their customers with information on properly separating materials, organic waste prevention, on-site recycling, methane reduction benefits, how to recycle organic waste, self-haul requirements, and edible food donation.

Review public education and outreach information for edible food generators. This information will be distributed by the City to the Tier One and Tier Two Edible Food Generator lists provided by UWS.

HF&H will prepare for the City's review the annual SB 1383 compliance report required by 14 CCR 18994.2 based on information available to us. HF&H will submit this electronic report to CalRecycle on behalf of the City by October 1, 2022, and August 1 annually, thereafter.

In the event that HF&H is retained beyond the transition period we will maintain all electronic implementation records provided to us in Sharepoint so that they may be accessed by CalRecycle within ten business days of request (14 CCR 18995.2).

Task 4: CalRecycle Electronic Annual Report

1. HF&H will prepare the City's Electronic Annual Report to CalRecycle which will include documentation of diversion program activities conducted throughout the specified year, as well as a calculation of numerical compliance with diversion mandates.

2. HF&H will assist with any additional reports required by CalRecycle.

3. HF&H will assist the City by responding to questions from CalRecycle, and prepare for and participate in the annual conference calls and meetings with CalRecycle.

Additional Funds to Complete Negotiation Assistance The City approved Amendment I to our consulting agreement for 513,000 to negotiate with an additional two proposers. These funds have been expended. HF&H has been requested to provide additional tasks which were not anticipated in our original fee estimate, and we are requesting an additional S5,000 to complete the engagement. This estimate assumes that there will be no further negotiations with the selected proposer subsequent to the selection by City Council and the selected proposer's Agreement will only be updated to reflect the proposer's name in certain sections of the Agreement, inclusion of the approved facilities, and the previously proposed enhancements.

Tasks performed outside of the original scope and fee estimate:
* Individual meetings with the City Council members to review the initial evaluation report and the updated evaluation report.
* Updating the rate revenue analysis, evaluation report and presentation tables to reflect the City's solid rates that go into effect July 1, 2022 under the existing Waste Management franchise agreement
* One additional City Council meeting to select the hauler prior to approval of the Agreement. Our scope included one City Council meeting to present the evaluation report, and one City Council for the approval of the final Agreement.

The term for the transition services shall commence upon award of the new waste hauler franchise agreement, anticipated on July 12, 2022, and continue until the available budget is utilized.

July 6, 2022 Page 1- 3 HF&H Consultants, LLC
/-7-3402
ATTACHMENT 1
We will perform the scope of work based on time and materials at the hourly rates contained in our existing agreement with the City. The estimated cost for this scope of work is S71,600 plus S5,000 for the additional negotiation assistance. Our actual costs could be higher or lower than estimated depending on the level of support requested by the City. We will notify you in writing if additional budget is required, and we will not proceed prior to obtaining written authorization should a budget adjustment be required. We will bill the City once per month based on the number of hours worked multiplied by our hourly billing rates, plus expenses incurred. Payment is due within 30 days of invoicing.

Workplan
! ff ffl!i!l)ffifm.i 1ffl
I
e
ffl4 s aI I i a
]*J= u li (i 1 +1ffll u z z s N u I i ffl

1. Transnion Assistance
'IA Review Contractor's I mplementation Plans and Schedule 1 1 B Reyew and Reusion of Transibon Public Education 1C ReviewReportingForms 1
I D Review Customer Billing Format and Fee CalculaUons I 1E Bi-Weekly Virtual Transibon Mee5ngs -
Subtotal:TasklHours 3
TasklFees 9'l6

2. Mandatory Comnercial Recycling and Organics Regulation Compliance 2A Prepare public education and outreach materials 2B Revewprogramparucipation 1
2C Brief City on program updates
Subtotal:Task2Hours I
Task2Fees $ 305
8 8
4 2
16 38
11,020
2 4
4 10
$ 2,900
8 8
8 4
20 48
10,800
2 2
4 $ 900
16 16
8 4
;
70 11,830
8 6
14 $ 2,366
33 32
21 1l
62 169
34,566
12 13
4 29
$ 6,471
3 8B 1383 Assistance
3A Revew public educaton and outreach to Tier 1 and Tier edible food generators
3B Prepare annual compliance report
3C Maintain implementation records
Subtotal: Task 3 Hours
Task 3 Fees
4 CalRecycle Assistance
4A Prepare Electronic Annual Report
4A Respond to quesUons from CalRecycle and prepare for and parUcipate in annual rneebngs
Subtotal: Task 4 Hours
Task 4 Fees
AddRional Funds to Complete Negotiation Assistance Hours
Fees
Total Hours
$
$
2 $ 610
6 4
2 6
$ 1,740
4 4
$ 1160
g
$ 2,590
67 6
8 8
22 $ 4,950
6 4
10 $ 2,250
8 $ 1,800
92 16
40 32
88 $ 14,872
16 16
32 $ 5,408
$
204
22 62
42 116
$ 21,662
22 Q
46 $ 8,818
19 $ 6,000
369
Hourly Rate
Subtotal
Expen8eS
Total Fees and Expenses
$ 305
$ 1,830
$ 290
$ 19,410
$ 225
$ 20,700
$ 169
$ 34,476 $ 76,416
$ 184
$ 76,600
' Hours may be shifted among msks
Limitations
@ City staff will be responsible for resolving disputes, if any, between the UWS and the previous waste hauling contractor.

July 6, 2022 Page 1- 4 HF&H Consultants, LLC
403
ATTAC,HMENT D Amendment No. l
Contract No. 2021-70-CC
AMENDMENT N0. 1
TO CONTRACT N0. 2021-70-CC WITH HF &H

FOR PROFESSIONAL SERVICES FOR

ASSISTANCE WITH THE COMPETITIVE

PROCUREMENT FOR A SOLID WASTE

CONTRACTOR
This Amendment No. 1 to Contract No. 2021-70-CC for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Amendment No. l"), is made and entered into on June 6, 2022, by and between the City of South Gate, a municipal corporation ("City"), and HF&H Consultants, LLC., a California corporation ("Consultant"). City and Contractor are sometimes hereinafterindividuallyreferred to as a "Party" and collectively as "Parties."
RECITALS:

WHEREAS, the Agreement includes a scope of work to negotiate with one solid waste and recycling services provider, however, on April 19, 2022, the City Council provided direction to negotiate a "Best and Final" offer with three solid waste and recycling services providers in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services.

WHEREAS,theCityandConsultantdesiretoexecuteAmendmentNo. I forprofessional senrices to negotiate with two additional solid waste and recycling services providers, for a total of three, in an amount not to exceed Thirteen Thousand Dollars ($13,000), in accordance with services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No.l to a total sum of One Hundred Sixty-Three Thousand Dollars ($163,000).

NOW, THEREFORE, THE PARTIES HEREBY AGREFI AS FOLLOWS:

1. COMPENSATION.

The amount of compensation paid by City to Consultant for the work identified in Exhibit "A" shall not exceed Thirteen Thousand Dollars ($13,000).

Page 1 of 3 ends

i"K404
Amendment No. 1
Contract No. 2021-70-CC

SCOPE OF WORK
City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Amendment No. 1. The Scope of Services may be mutually amended from time to time by both Parties in writing EFFF,CT OF AMENDMENTS.

Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section 1 above. Furthermore, City reserves the right to augment orreduce the scope of work as City deems necessary.

IN WITNESS WHERISOF, Llie Parties hereto have caused fliis Amendment No. l to be executed and attested by their respective officers hereunto duly authorized. [Remainder of page left blank intentionally.]

Page 2 of 3 ends

405
AmendmentNo. 1
Contad No. 2021-70-CC
CITY OF SO GATE:

Cms Jeffers. In
ATI'KST:

B7
Yodit City Clerk
(SEAL)
APPROVED AS TO FORM:

F. Salinas, City Attorney
CONSULTANT:

B7:

Date:

Page3of3
406

EXHIBIT A
Managlng Tomorrow'
2081 Business Center Dr., Suite 265
Irvine, CA 92612
Telephone: 949/251-8628
www.hfh-consultants.com
Robert D. Hilton, Emeritus
John W. Farnkopf, PE
Laith B. Ezzet, CMC
Richard J. Simonson, CMC
Marva M. Sheehan, CPA
Robert C. Hilton, CMC
May 10, 2022
Mr. Arturo Cervantes, P.E.

Assistant City Manager/Director of Public Works
Ms. Gladis Deras
Senior Engineer
City of South Gate
Department of Public Works
8650 California Avenue, South Gate, CA 90280
Subject: Contract No. 2021-70-CC Request for Additional Funds Dear Mr. Cervantes and Ms. Deras,
HF&H Consultants, LLC (HF&H) appreciates the opportunity to continue to assist the City of South Gate (City) with its competitive procurement for solid waste services.

The City received three proposals from qualified solid waste providers in response to the request for proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services. During the April 19, 2022 City Council Study Session, City Council directed City staff to negotiate with all three proposing companies.

HF&H"s approved Fee Estimate included in Contract No. 2021-70-CC between the City of South Gate (City) and HF&H provides for a budget increase of !>6,500 for each additional agreement negotiated above one.

This will increase our budget by S13,000 for a total budget of 5163,000.

The workplan below includes the additional tasks and budget.

Workolan
1 Analyses of Best and Final Rate Proposals
2 Update Evaluation Report
3 Attend One Additlonal Council Meeting to Select
Proposer for Final Negotiations
Total Hours
Total Fees
Expenses
16 16 12 4 48
S 4,896 S 4,640 S 2,700 S 640 S 12,876
S 124
' Hours may be shifted amoung tasks
407
Mr. Art Cervantes, and Ms. Gladis Deras
May 10, 2022

Page 2 of 2 ends

****)k
If you have any questions regarding the workplan, please do not hesitate to contact Debbie Morris directly at (949) 251-1106 or [email protected].

Sincerely,

HF&H CONSULTANTS, LLC
L-r;t- D,,u ';r,;',mL
Laith Ezzet, CMC
Senior Vice President
Debbie Morris, CMC
Senior Project Manager
408

ATTAC,HMENT E
Contract No. 2021-70-CC

AGREEMENT FOR PROFESSIONAL SERVICES

FOR ASSIST ANCE WITH THE COMPETITIVE PROCUREMENT FOR

AN EXCLUSIVE SOLID WASTE CONTRACTOR BETWEEN
THE CITY OF SOUTH GATE AND HF &H CONSULT ANTS, LLC.

This Agreement for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Agreement"), is made and entered into on May 12, 2021, by and between the City of South Gate, a municipal corporation ("City"), and HF&H Consultants, LLC, a California limited liability corporation ("Consultant"). The City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECIT ALS
WHEREAS, City desires to retain professional services for assistance with the competitive procurement for an exclusive solid waste contractor; WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the professional services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform professional services described in the Proposal attached hereto as Exhibit "A" and made a part to this Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A". The Scope of Services may be mutually amended from time to time by both Parties in writing.

2. COMPENSATION. The total amount of compensation paid by the City to Consultant for this Agreement shall not exceed the sum of One Hundred Fifty Thousand Dollars ($150,000) as described in Exhibit "A." City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the Director of Public Works.
2,1 Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between the Consultant's office and City Hall shall not be billable; however, mileage is an allowable charge reimbursable at the federal rate. Consultant may request an exemption on a case by case basis.

2.2 Consultant shall submit to City a monthly invoice for services rendered included in Exhibit "A." City shall pay the Consultant within forty-five (45) days of receipt of the invoice.

Page I of 10
fiO409

2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.

TERM OF AGREEMENT. This Agreement is effective as of May 12, 2021, and will remain in effect through the execution of a new exclusive solid waste franchise agreement between the City and a solid waste hauler, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.

CITY AGENT. The Director of Public Works, for the purposes of this Agreement, is the agent for the City. Whenever approval or authorization is required, Consultant understands that the Director of Public Works has the authority to provide that approval or authorization.

CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located within City which may be affected by the services to be performed by Consultant under this Agreement. Consultant furtherrepresents that inperfortnance ofthis Agreement, no person having such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the temi of this Agreement.
5,1 Consultant represents that no City employee or official has a material financial interest in the Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in the Consultant's business or in this Agreement by any City employee or official.

GENERAL TERMS AND CONDITIONS.

6.1 Termination for Convenience. The City may terminate this Agreement at any time without cause by giving fifteen (15) days written notice to Consultant of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided herein, Consultant will be paid a total amount equal to its outstanding fees for services rendered as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.

6.2 Termination for Cause.
6,2,1 The City may, by written notice to Consultant, ternninate the whole or any part of this Agreement in any of the following circumstances:

Page 2 of 10 ends

410
a.
b.

If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof; or
If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.

6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.

6.2.3 IfthisAgreementisterminatedasprovidedaboveinSubsection6.2.1,City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computation, surveys, models, or other similar documentation prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to otherdocuments whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.

6.2.4 If, after notice of termination of the Agreement under the provisions of Subsection 6.2. l above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6. I above.

6.3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.

6.4 Non-Discrimination.

6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and City governrnents. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry,

Page 3 of 10 ends

/?Z.411
sex, national origin, disabled or age. Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, are free from such discrimination. Such employment practices include but are not limited to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

6.4.2 The provisions of Subsection 6.4.1 above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein bythis reference. A copy of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.

6.5 Insurance. Consultant shall submit to City certificates indicating compliance with the following minimum insurance requirements no less than one (l) day prior to beginning of performance under this Agreement:

6.5.1 Workers' Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.

6.5.2 Comprehensive general and automotive liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a.
b.
e.

Be issued by a financially responsible insurance company or companies admitted or authorized to do business in the State of California or which is approved in writing by City.

Name and list as additional insured City, its officers and employees.

Specify its acts as primary insurance.

Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled or materially changed except upon tMrty (30) days prior written notice to City of such cancellation or material change."
Cover the operations of Consultant pursuant to the terms of this A greement.

Page 4 ends

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6.6 Indemnification. Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third parties not acting on behalf of, at the direction of, or under the control of Consultant.

6.7 Compliance With Applicable Law. Consultant and City shall comply with all applicable laws, ordinances and codes of the federal, state, county and city governments, without regard to conflict of law principles.

6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between City and Consultant.

6.8.1. Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement.

6.8.2. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any fees assessed and interest, which would otherwise be the responsibility of City.

6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City.

Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of the Consultant.

Page 5 of 10 ends

/?4413

6.9 Consultant's Personnel.

6.9.1 All services required under this Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, perinits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.

6.9.2 Consultantshallbesolelyresponsibleforthesatisfactoryworkperformance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.

6.9.3 Consultant shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment irisurance, and Social Security.
6,9.4 Consultant shall indemnify and hold harmless the City and all other related entities, officers, employees, and representatives, from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices, or of any acts or omissions by Consultant in connection with the work performed arising from this Agreement.

6.10 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Consultant.

6.11 Legal Construction.

6.11.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California, without regard to conflict of law principles.

6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and everyprovision of this Agreement shall be construed as though each of the parties participated equally in the drafting of the same, and any rule of construction that a document is to be construed against the draftingparty shall not be applicable to this Agreement.

6.11.3 The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.

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6.11.4 Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

6.12 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check.

However, approval or payment by City shall not constihite, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payinent be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

6.13 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to the Consultant.

6.14 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location of such files during the tertn of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.15 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party ir> the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies pennitted or available to a Partyunderthis Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

6.16 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.

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6.17 Severabfflty. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

6.18 Attorney's Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorriey's fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or coru'iected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attomey's fees and costs in addition to all other relief to which that Party or those Parties may be entitled.

6.19 Entire Agreement and Amendments. This Agreement, including Exhibit "A" attached hereto which is incorporated herein by this reference, constitutes the whole agreement between City and Consultant, and neither Party has made any representations to the other except as expressly contained herein. Neither Party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.

6.20 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery, and depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY:

City of South Gate
Arturo Cervantes
Assistant City Manager/
Director of Public Works
8650 Califonnia Avenue
South Gate, CA 90280
E-mall: acci'vantcs.oi'r,i
WITH COURTESY COPY TO:

City of South Gate
Carmen Avalos
City Clerk
8650 California Avenue
South Gate, CA 90280
E-rriaxl: cavalos(?b.soeate.oro
TO CONSULT ANT:

HF&H Consultants, LLC.

Laith Ezzet, CMC
Senior Vice President
19200 Von Kamian Avenue
Suite 360
Irvine, CA 92612
E-mail: le'tizct(a l'iili-consultants.coin

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6.21 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.

6.22 Consultation With Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.

6.23 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and draftirig of this Agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be constnied against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.

6.24 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all Parties herein.
[Remainder of page left blank intentionally]

Page 9 of 10 ends

/ff' 417
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF SOUTH GATE:

By:

AI Rios, Mayor
Dated: 8-d2.-21
ATTESTED:

By:

Carmen Avalos, City Clerk
(SEAL)
APPROVED AS TO FORM:

B7:

F. Salinas, City Attorney
HF &H CONSULT ANTS, LLC:

By:
earth Ezzet, S6Aor Vice President
Dated:
5'/o/2o2 /

Page 10 of 10 ends

/ff 418
Exntb'rLk
CiJ of South Gate Fee Estimate
Fee Estimate - Competitive RFP Process
We will perform the scope of work for the competitive procurement submitted to the City of South Gate on February 25, 2019, based on time and materiais. The estimated total budget Is S150,000. Our actual COStS COuld be higher Or 10Wer than thlS amouni depending On the Complexity Of the Clty'S contracting process, the numberofproposals to be evaluated, the number of negotiation sessions required, and other factors that cannot be precisely estimated In advance
The proposed WOrk plan Includes preparation Of an Integrated resldentlal and commercial RFP, gathering operatlng data, sollciting proposals, conducUng a pre-proposal conferencei evaluating up tO four proposals, partlc{patingin the negotiation sessions Identified in thework plan, and finallzlngan agreement wlth One prOpOSer. Should more than four proposals be submltted, we estimate that the budget wlll Increase by 6s,goo per proposal. If agreements are finalized With more than One prOpOSer, Our cost Wlll Increase by66,500 far eaCh additional agreement.

The work plan on the next page Itemizes hours bytask and staff classlflcatlon, Hours may be shifted among tasks and staff.

April 20, 2021 Page 3 HF&H Consultants, LLC
5?-
74€) 419
City of South Gate ,Feebtlmata
Solid Waste Agreement Competltlve Procurement Work P an ?WWQ! Ql
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:'TV:. i
30 30
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!!ubtolali Task I Hours
%"J!_s"ffiJt'ij'-e_ks:':,'r7 'ZTT'-,.7;:""a's""-.=_=s'a'a'a=i r"='i - -i 7Th."'a'+ i;4'11W1 1'_ -f - - 4M',
p. :i- :=-- : '-i,.1,
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C. Ahnd Council mis!lng to appow RPP package
D. Piapaieforandafflaqdpropossia'conferenco
!i. Pispais addenda
aublolal: Task 2 Hours
20 8
s
a
s
47 80
is
s
a
2 135
- T
2 '26
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124
24 10
16 J
20!1
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g. Emluala comphila propomk (mmraim of four)
C. Prepare !oup queitlona Tor propomis
D. Redew responses am clarl§ unresohed lasuea
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lal II#IIA0-l a*lsasaas la=s aaamaa*av! -+-v-
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I
2 75
d
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lffl
8 8
ao
11 J
261
"i!';Ani-aNl6mffF'ial%Tf-iThN-.Nr;fJJKW!;Gy;i;sffi'-" + -" Q:=.: . _ _ -"'I
% I Jll ! '}-W'-'-! -k-'--1--w6"'.' tM"'j'!il!l'S47"'Jll7-"'t_!tlt-Ita)H!INI;a"a"aa"'la'J" ' k Prepare for and par)lalpale In negotla)ing saaalcn B. Prepara raised partiona of Agieeimn)
C. Mk'ndaouncllnaaunglorappomloffindagreanarll
gublolali Task 4 Hours
Total Hours
20 a
4 32
162
24 30
4 sa
3t7 100
'- "-!
u
aa
a
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8ubtotal
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$ 29!1
$ 48,aa
@ tag
s as,ay:i
$ lee
$ 16,00@ $ 149,711
$ 289
$ 16(}.(KN
April 20, 2021 Page 4 HF&H insultants, LLC
ig
f?/' 420
CrtY MANASER'S OFflCE
JUL OS 2(122
Item No. 10
Cil of South Gate

CITY COUNCIL

AGENIDA BULL
For the Regular Meeting of: July 12, 2022
Originating Department: Office of the City Clerk
City Clerk: Interim City Manager: ill
f Glaze ' dYoa 5ris Je.ffers
SUBJECT: GEN&RAL MUNICIPAL/CONSOLIDATED ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022
PURPOSE: Calling for the holding of the South Gate General Municipal Election as required by the California Elections code.

RECOMMENDED ACTIONS: The City Council will consider:
a. Adopting a Resolution calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers andrequesting the Board of Supervisors of the County of Los Angeles to consolidate the election with any and all elections also called to be held on Tuesday, November 8, 2022, and requesting the Board to render specified services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 8, 2022: and b. Adopting a Resolution approving regulations for Candidates for Elective Office pertaining to Candidate's Statements Submitted to the voters at the General Municipal Election to be held on Tuesday, November 8, 2022; and
c. Adopting a Resolution to resolve a tie vote "by lot" using the Coin Toss Method for Elective Offices in the event of a tie vote at the November 8, 2022, General Municipal Election: and
d. Authorizing the City Clerk to issue a notice of a General Municipal Election to be held on November 8, 2022.

FISCAL IMPACT: The cost of conducting the election is estimated to be $235,000-$270,000 with the consolidation with the County of Los Angeles scheduled Primary Election. Funds are budgeted and will be allocated from the Elections Account Number 100-140-11-6105. Funds are not allocated in the current fiscal year municipal budget for a Special Runoff Election in case of a tie vote.
421
ANALYSIS: Pursuant to Elections Code 12101 (a), the City Council is required to adopt the attached Resolutions not earlier than the 127fh day and not later than the 1 13f'l day before any municipal election to fill offices and the City Clerk/elections official shall publish a notice of election in the city pursuant to Government Code Section 6061. The General Municipal Election is being held for the purpose of electing two (2) Members to the City Council, (1) City Treasurer and (l) City Clerk for the full term of four (4) years.

BACKGROUND: SenateBill415mandatesthatallelectionsforgenerallawcitiesinCalifornia align with the state's election cycle. In the County of Los Angeles there will be a general election held on November 8, 2022. Pursuant to SB 415, the City of South Gate having less than 25% of its voter population casting a vote, indicates that the City is mandated to align its General Municipal Election with the state's election cycle. As a result, the Los Angeles County Registrar Recorder/County Clerk's Office is tasked with coordinating all election efforts with the various cities holding regularly scheduled General Municipal Elections on November 8, 2022.

The Notice of Election will be published before July 18, 2022 once in both English & Spanish in the Los Angeles WAVE Newspaper/La Opinion to comply with requirements from the Department of Justice. In addition, copies of said notice shall be posted at Hollydale Library, Leland R. Weaver Library, and City Hall in both languages and on the City's website.

The estimated cost to conduct a Special Runoff Election is projected to be higher than that of the November 8, 2022, General Municipal Election because the City would not be consolidating election costs with the County of Los Angeles. However, the City Council does have the option of conducting a Special Runoff Election in-lieu of a coin toss to resolve a tie vote. The chances of a tie vote are remote; therefore, the need to resolve this occurrence is unlikely.

Section 15651 (a) & (b) of the Elections Code authorizes the City Council, by a majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who receive an equal number of votes and are tied for the second highest votes for an elective office in the case of the City Council, or the first highest votes in the case of the City Clerk and City Treasurer. A Special Runoff Election shall be held only if the City Council adopts a Resolution prior to November 8, 2022; however, the City Clerk and Election Staff are recommending that a tie vote be resolved using the Coin Toss Method.

ATTACHMENTS: A. Proposed Resolution (Consolidate Election) B. Proposed Resolution (Candidate Statement)
C. Proposed Resolution (Tie Vote - Coin Toss Method) D. Notice of Election (English/Spanish)
422
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE

ELECTION OF CERTAIN OFFICERS AND REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE

THE ELECTION WITH ANY AND ALL ELECTIONS ALSO CALLED TO BE HELD ON NOVEMBER 8, 2022 AND REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER

SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF THE CITY OF SOUTH GATE GENERAL M{JNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVH,MBER 8, 2022
WHEREAS, a General Municipal Election shall be held onNovember 8, 2022, forthe election of two (2) Members of the City Council, one (l) City Treasurer and one (l) City Clerk of the City of South Gate ("City");
WHEREAS, pursuant to the Elections Code Section 10002, the City Council of the City may by resolution request the Board of Supervisors of the County of Los Angeles ("County") to permit the County Clerk to render specified services to the City relating to the conduct of an election; WHEREAS, subject to approval of the Board of Supervisors, these services shall be provided by the County Clerk;
WHEREAS, pursuant to Elections Code Section 10002, unless other arrangements satisfactory to the County have been made, the City shall reimburse the County in full for the services perfortned upon presentation of a bill to the City; WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, are called to be on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the City Council calling the elections; WHEREAS the resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; and WHEREAS various local elections may be or have been called to be held on November 8, 2022.

Page 1 of 3 ends

3 423

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of South Gate, California on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two (2) members of the City Council, one (1) City Treasurer and one (l) City Clerk for the full term of four (4) years.

SECTION 3. That the City Council hereby orders the General Municipal Election to be consolidated with any and all elections also called to be held on November 8, 2022, insofar as said elections are to be held in the same territory or in territory that is in part the same as the territory of the City of South Gate and requests that the Board of Supervisors of the County of Los Angeles order such consolidation under Elections Code Sections 10401, 10402, and 10403.

SECTION 4. That the City Council hereby requests the Board of Supervisors of the County of Los Angeles to permit the Los Angeles County Registrar-Recorder/County Clerk-Elections Division to provide any and all services necessary for conducting the General Municipal Election and agrees to pay for said services.

SECTION 5. That the County Elections Division is authorized to canvass the returns of the City of South Gate General Municipal Election, and the election shall be held in all respects as if there is only one election.

SECTION 6. That the vote centers for the General Municipal Election shall be open as required during the identified voting period from October 29, 2022 to November 8, 2022, pursuant to Elections Code Sections 4007 and 14401.

SECTION 7. That in all paiticulars not recited in this Resolution, the General Municipal Election shall be held and conducted as provided by law for holding municipal elections.

SECTION 8. That notice of the time and place of holding the General Municipal Election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and maru'ier as required by law.

SECTION 9. The City Clerk shall certify to the adoption of this Resolution, which shall be effective upon its adoption.

Page 2 of 3 ends

424
SECTION 10. That the City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Los Angeles and the Los Angeles County Registrar-Recorder/County Clerk-Elections Division.

PASSED, APPROVED and ADOPTED this 12'h day of July 2022.

CITY OF SOUTH GATE:

BY:

Al Rios, Mayor
ATTEST:

BY:

Yodit Glaze, City Clerk
(SEAL)
APPROVE AS TO FORM:

Raul F. Salinas, City Attorney

Page 3 of 3 ends

425
RESOLUTION NO.

CITY OF SOUTH GATE
LOS ANGELES COtJNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,

CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE

OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL M{JNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVElViBER 8, 2022
WHEREAS, Elections Code Section 13307 provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the Candidate's Statement; and WHEREAS, the City Council of the City of South Gate seeks to adopt such regulations with respect to the General Municipal Election of November 8, 2022;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS
Pursuant to Elections Code Section 13307, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of South Gate onNovember 8, 2022, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself orherself.

The statement shall not include paity affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until5:00 p.m. of the City's next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY
A. Pursuant to the Federal Voting Rights Act, candidate's statements will be translated into all languages required by the County of Los Angeles. The County is required to translate the candidate's statement into the Spanish language in addition to English.

B. Pursuant to state and federal law, the candidate's statement must be translated and printed in the voter's pamphlet in any required language as mandated.

C. The City Clerk shall comply with the following requirements.

1. Translation

2. a. Have all candidate's statements translated in required (Spanish) languages.

Printing
a. Print a bilingual voter sample ballot book in English and Spanish.

Pagelof3
426
b. PrintalltranslationsofstatementssubjecttoSection3paymentrequirements, at the request of the candidate, including his or her candidate statement in the sample ballot or voter information guide as specified by the Los Angeles County Clerk printing in English and Spanish.
c. Have all translations made available upon request in the Office of the City Clerk.

SECTION 3. PAYMENT
A. Translation

1. The Candidate shall not be required to pay for the cost of translating the candidate's statement into any mandated foreign language as specified in (A) and/or (B) of Section 2 above pursuant to federal and/or state law.

2. The Candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above pursuant to federal and/or state law.

B. Printing

1. The Candidate shall be required to pay for the cost of printing the candidate's statement in English in the sample ballot or voter information guide as specified by the Los Angeles County Clerk.

2. The Candidate shall be required to pay for the cost of printing the candidate's statements in a foreign language in (A) of Section 2 above, in the sample ballot or voter information guide as specified by the Los Angeles County Clerk.

3. The Candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language by the candidate per (B) of Section 2 above in the sample ballot or voter information guide as specified by the Los Angeles County Clerk.

4. The Candidate shall not be required to pay for the cost of printing the candidate's statement in a foreign language required by (A) of Section 2 above, in the facsimile or electronic version of the sample ballot or voter information guide as specified by the Los Angeles County Clerk.

The City Clerk and/or County Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), an4 require each candidate filing a statement to pay, in advance to the City, his or her estimated pro rata share as a condition of having his or her statement included in the sample ballot or voter infornnation guide as specified by the Los Angeles County Clerk. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk and/or County Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk and/or County

Page 2 of 3 ends

1 427
Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 4. MISCELLANEOUS
A. All translations shall be provided by professionally certified translators.

B. The City Clerk shall allow (bold type) (underlining) (capitalization) (indentations) (bullets) (leading hyphens) to the same extent and maru'ier as allowed in previous City elections.

C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 5. ADDITIONAL MATERIALS
No candidate will be permitted to include additional materials in the sample ballot or voter information guide as specified by the Los Angeles County Clerk.

SECTION 6. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time the nomination petitions are issued.

SECTION 7. All previous resolutions, if any, establishing City Council policy on payment for candidate's statements are repealed.

SECTION 8. This Resolution shall apply to the election to be held on November 8, 2022, and shall then be repealed.

SECTION 9. The City Clerk shall certify to the adoption of this Resolution, which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 12'h day of July 2022.

CITY OF SOUTH GATE:

B7:

Al Rios, Mayor
ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVE AS TO FORM:

Raul F. Salinas, City Attorney

Page 3 of 3 ends

0428
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, CALIFORNIA, RESOLVING A TIE VOTE BY LOT USING THE

COIN TOSS METHOD FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE NOVEMBER 8, 2022, GENERAL IVI{JNICIPAL

ELECTION
WHEREAS, Elections Code Section 15651 authorizes the City Council, by majority vote, to adopt provisions by which a tie vote shall be resolved.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Pursuant to Elections Code Section 15651, if two or more persons receive an equal and the highest number of votes for an office to be voted for within the City, the City Council shall summons only those candidates who received the tie votes, at a time and place to be designated by the City Clerk. The City Clerk shall at that time and place determine the tie "by lot" using the Coin Toss Method in accordance with the procedures set forth in Section 3, below.

SECTION 2. The provisions of Section 1 shall apply only to the General Municipal Election to be held on November 8, 2022, and shall then be repealed.

SECTION 3. The procedure used for the determination of the winner using the Coin Toss Method shall be attached to this Resolution as Exhibit "A" and that such be signed by the candidates who are tied.
[Remainder of page left blank intentionally.]
429
SECTION 4. The City Clerk shall certify to the adoption of this Resolution, which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 12'h day of July 2022.

CITY OF SOUTH GATE:

By:

Al Rios, Mayor
ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVE AS TO FORM:

By:

Raul F. Salinas, City Attorney
tO430

PROCEDURE FOR COIN TOSS FOR DETERMINATION OF THE WINNER It is proposed that a toss or a coin be used to detei'n'iine tl'ie winner of tlie tie election in the manner which follows:

Selection or Coin
l) A U.S. minted dollar coin shall be used in the
toss.
2) Tlie coin shall be obtained by the Elections
Official from the City Finance Department or
from a local ban)c.
3) Both candidates shall be allowed to examine the selected coin.

Candidates' Witnesses
1) Each candidate shall select one person, of his/her choice, to act as a witness.
2) The witness shall verify the results of the
drawing of cards and the coin toss, but shall not
touch either the cards or the coin.

Selection of Person to Call Coin
1) Each candidate shall write his/her name on five separate 3"x 5" index cards.
2) The ten index-cards shall then be folded once
and placed in a solid colored container.
3) One card shall be drawn from the container by
the Elections Official and shown to the (Head of
the Legislative Body*), the two candidates, and
the two witnesses.
4) The Election Official (or Head of the Legislative Body*) shall announce who shall call the toss.

Method of Tossing Coin
l) The coin shall be tossed by the Election Official (or Head of the Legislative Body*), tO a height
of at least six feet, flipping end over end. If the proper height or form is not attained, the
Elections Official shall call a fault before the
coin hits the ground, and the coin shall be tossed
agau'i.
2) The call must be made by the selected candidate after the coin leaves the hand, but before it
begins its decent to the floor. If the call is not
made before it begins its decent, the Elections
Official shall call a fault before the coin hits the ground and the coin shall be tossed again.
3) The coin shall be allowed to fall directly to the floor and come to rest without interference of
any kind, including but not litnited to, contact
with the following: any person, any person's
apparel, chairs, tables, walls, wires, or draperies.

If the coin comes in contact with any object
except the floor, the Elections Off-icial shall call a fault before the coin comes to a rest, and the
coin shall be tossed again.
4) No person shall touch the coin until the
Legislative Body declares the result.

Verification of Result
1) The Election OfTicial ( or Head of the Legislative Body*) and the two witnesses shall view the coin
first and agree on the result, without touching the COln.
2) Once the results have been so verified, the two
candidates may view the coin, without touching
it.
3) Following this, the remaining members of the
Legislative Body shall view the coin, without
touching it.
4) Following this, all other interested parties may view the coin, without touching it.

Declaration of Result
1) Once all interested parties have viewed the coin, The Election Official (or Head of the Legislative Body*) will announce the winner of the toss and
entertain a motion to declare the winner of the
toss the winner of the election.
2) Once the Legislative Body has acted to declare
the winner, the coin shall be picked up.
3) The declaration shall be put in the appropriate
written form (Resolution declaring the Results of
the Election, Form 1 7A), signed by the (Head of
the Legislative Body*) and transmitted to
Elections Official of the Legislative Body.
*Head of Legislative Body can be defined as:

Mayor of a City or Town Council
President of a Board of Directors or Board of
Trustees
Acknowledged and Understood by:

Candidate Date
Candidate Date
431

NOTICE OF ELECTION
NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of South Gate on Tuesday, the 8'h day of November 2022, for the following Officers:

For two (2) Members of the City Council
For one (1) City Treasurer
For one (1) City Clerk
Full term of four (4) years
Full term of four (4) years
Full term of four (4) years
The nomination period for these offices begins on Monday, July 18, 2022, at 7:00 a.m. and closes on Thursday, August 11, 2022, at 5:30 p.m.

If no one or only one person is nominated for an elective office, appointment to the elective office may be made as prescribed in Elections Code Section 10229.

The vote centers for the General Municipal Election shall be open on October 29, 2022, and close at 8:00 p.m. on November 8, 2022, providing an 11-day voting opportunity pursuant to Elections Code Sections 4007 and 14401.

BY:

City Clerk
t2432

AVISO DE ELECCI('N
POR MEDIO DE LA PRESENTE SE DA AVISO que se llevarA a cabo una Elecci6n Municipal General en la Ciudad de South Gate el martes 8 de noviembre de 2022, para elegir los siguientes Oficiales:

Para dos (2) miembros del Concejo Municipal
Para un (l) tesorero de la ciudad
Para una (1) secretaria municipal
Pleno plazo de cuatro (4) afios
Pleno plazo de cuatro (4) afios
Pleno plazo de cuatro (4) arios
El periodo de nominaci6n para estos puestos comienza el lunes, 18 de julio de 2022, a las 7:00 a.m. y cierra el jueves, 11 de agosto de 2022, a las 5:30 p. m.

Si nadie o s61o una persona es nominada para un puesto elegido, nombramiento a tal puesto electivo puede ser hecho segun estA prescrito por la Secci6n 10229 del C6digo de Elecci6nes.

Los centros de votaci6n (casetas) de la Elecci6n Municipal General estarAn abiertos por un periodo de 11 dias comenzando el 29 de octubre de 2022, y concluyendo el 8 de noviembre 2022, a las 8:00 p. m., segun estA prescrito en las Secci6nes 4007 y 14401 del C6digo Electoral.

Por:

Yodit G Secretaria Municipal
433
CIIYMANAGER'S OFFICE Item No. 11
JUL 0 6 2022
r'b:01r-CityofSouthGate

CITY COUNCIL
AGENDA JaILL
For the Regular Meeting of July 12, 2022
Originating Department: Office of the City Clerk
SUBJECT: RESO ON RECITING THE FACTS OF THE SPECIAL MUNICIPAL PURPOSE: The City Council will receive the Official Canvass Certificate and the Official Statement of Votes Cast by precinct for the City of South Gate Special Municipal Election consolidated with the Statewide Direct Primary Election held on June 7, 202, conducted by the Los Angeles County Registrar-Recorder/County Clerk's Office. The City Council will adopt a Resolution reciting the facts of the election and declare the results of votes cast.

RECOMMENDED ACTION: The City Council will consider adopting a Resolution reciting the facts of the Special Municipal Election held on Tuesday, June 7, 2022, declaring the results and such other matters as provided by law.

FISCAL IMPACT: None. There is no fiscal impact created by the adoption of this statutorily required resolution.

BACKGROUND: On March 7, 2022, the City Council adopted Resolution No. 2022-13-CC, calling for the holding of a Special Municipal Election to be held on Tuesday, June 7, 2022, for submission to the voters a question relating to making the City Clerk an appointive position, and consolidating the election with the Los Angeles County Statewide Primary Election scheduled to be held on the same date. On July 5, 2022, the Official Certificate of the Canvass of the Election Returns and the Official Statement of Votes Cast by precinct for the City of South Gate Special Municipal Election at the Statewide Primary in the County of Los Angeles held on June 7, 2022, was issued to the Office of the City Clerk.

The following is a brief summary of the election results and statement of the vote:

Total South Gate Registration:

Total Ballots Cast:

Voter Participation Percentage:
46,205
6,397

13.84%
l
434
Measure CC
Yes (In Favor)
No (Against)
2,458
3,333
Measure CC needed to have at least 50% plus l of the votes cast in favor to be approved. As a result, Measure CC did not pass, and the Office of City Clerk will remain an elective office rather than appointed.

ATTACHMENTS: Proposed Resolution
Certificate of Canvass - Exhibit "A"
Election Tally & Results - Exhibit "B"
2 435
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON TUESDAY, JUNE 7, 2022,

DECLARING THE RESULTS AND SUCH OTHER MATTERS AS

PROVIDED BY LAW
WHEREAS, a Special Municipal Election was held and consolidated with the Statewide Primary Election conducted by the Los Angeles County Registrar-Recorder/County Clerk's Office held on Tuesday, June 7, 2022, as required by law; and WHEREAS, notice of the Special Municipal Election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted, and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Election Code of the State of California for the holding of elections in general law cities; and
WHEREAS, Measure CC was submitted to the City of South Gate's electorate asking the question if the Office of City Clerk should be Appointed; and WHEREAS, the Los Angeles County Registrar Recorder/County Clerk conducted the Special Municipal Election and canvassed the returns of the election and has certified the results to the City of South Gate on July 1, 2022, and the results are received, attached hereto as Exhibit "A", and made a part of this Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby declares the whole number of ballots cast in the precincts except vote by mail ballots is 1,012, and that the whole number of votes, including by mail ballots cast in the City of South Gate is 5,385 making a total of 6,397 ballots cast in the City.

SECTION 2. The results of the votes cast show that Measure CC received 2,458 in favor and 3,333 against. The total votes against the measure were higher than the total votes in favor. As a result, Measure CC was not approved by the South Gate electorate.

SECTION 3. The City Council hereby declares the number of votes given at each precinct and the number of votes given in the City of South Gate for Measure CC as listed in Exhibit "B" which is attached hereto and made a part of this Resolution.

Page l of 2
436
SECTION 4. The City Council hereby directs the City Clerk to enter on the records of the City Council of the City of South Gate, a statement of the results of the election, showing: (1) the whole number of ballots cast in the City of South Gate; (2) the name of the measure voted for; (3) the number of votes given at each precinct; and (4) the total number of votes.

SECTION 5. The City Clerk shall attest to and certify the passage and adoption of this Resolution, which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 12'h day of July 2022.

CITY OF SOUTH GATE:

BY:

Al Rios, Mayor
ATTEST:

BY:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: f f.S@
Raul F. Salinas, City Attorney

Page 2 of 2 ends

437
Cerffflcaf*or hCammssm the!&donRmrns
I, DEAN C. LOGAN, Registrar-Recorder/Counffl Clerk of the Coumy of Los Angeles, of the State of Califortxia, DO HEREEY CERTIFY that pursuant to the provisions of Section 15300 et seq. of the California Elections Code, / did canvass the returns of the votes cast for each elective office arid/or measure(s) for at the Statewide Direct Primary Electioti, held on the 7th day of Jtme, 2022.

I FURTHER CERTIFY that the Statemem of Votes Cast, to which this certificate is attached, shows the total txumber of ballots cast in said jurisdiction, and that the whole nuinber of votes cast for each candidate and/or measure(s) in said jurisdiction in each of the respective preciricts therein, and the totals of the respective columns and the totals as showtt for each carididate and/or measure(s) are /u//, true and correct.

IN WITNESS WHEREOF, / have hereutxto set my hand and affixed my seal this 1st day of July, 2022.

DEAN C. LOG
Registrar-Recorder/County Clerk
County of Los Angeles
438
COUNTYOFLOSANGELES- STATEWIDEDIRECTPRIMARYELECTION OB107122 t42.l -PAGE-1852of6461

FINAL OFFICIAI

ST ATEMENT OF VOTES CAST

BY PRECINCT
SOLITH GATE CITY SPEC MtlNl
MEAStlRE CC
A,5;) +@LOCATION

REGIST-
RATION

BALLOTS
CAST
SOUTH GATE-6550001B
VOTE BY MAIL SERIAL 1094
TOTAL 2599
95 378
473
23 160
183
65 175
240
SOLTTH GATE-6550003Aa
VOTE BY MAIL SERIAL B7S8
TOTAL 980
18 75
93 8
33 41
B
33 41
SOUTH GATE-6550004B
VOTE BY MAIL SERIAL 1095
TOTAJ_ isg
27 145
172
15 51
66 8
82 90
SOUTH GATE-6550009Aa
VOTE BY MAIL SERIAL 6759
TOTAL 630
20 92
112
s
41 47
13 41
54 SOUTH GATE-6550009D
VOTE BY MAIL SERIAL 1€+96
TOTAL 1736
37 192
229
16 73
89 12
100
112
SOUTH GATE-6550011B
VOTE BY MAIL SERIAL 1097
TOTAL 2227
35 208
243
21 84
105
11 1CHi
117
SOtJTH GATE 6550012B
VOTE BY MAIL SERIAL 1098
TOTAL 2437
81 342
423
25 118
141
ag
192
241
SOUTH GATE-6550016A
VOTE BY MAIL SERIAL 1099
TOTAL 1947
36 223
259
14 114
128
20 89
109
SOUTH GATE-65500T8E
VOTE BY MAIL SERIAL 1100
TOTAL 2546
56 261
317
19 96
115
31 144
175
SOUTH GATE-65500198
VOTE BY MAIL SERIAL 1101
TOTAL 236€
33 257
29€
9 103
112
21 123
144
SOLtTH GATE-8550020A
VOTE BY MAIL SERIAL 1t02
TOTAL 2524
41 26S
31€
15 97
112
23 160
183
SOUTH GATE-6550021B
VOTE BY MAIL SERIAL 1103
TOTAL 22Be
55 23Ei
291
22 73
95 31
125
156
I
SOUTH GATE-6550026A
VOTE BY MAIL SER1A11104
TOTAL 249E
41 290
33S
12 101
113
28 166
194
SOtJTH GATE - 655(X)29A
VOTE BY MAIL SERIAL 1105
TOTAL 280;
41 ' 27i
32i
23 115
138
20 134
154
439
COLINTYOFLOSANGELES- STATEWIDEDIRECTPRIMARYELECTION %107122 142.2 -PAGE-1B53of6461

FINAL OFFICIAL

ST ATEMENT OF VOTES CAST

BY PRECINCT
SOUTH GATE CITY SPEC MuNl

MEASURE CC
(/)
x'- %OLOCATION REGIST-
RATION

BALLOTS
CAST
SOUTH GATE-6550031A
VOTE BY MAIL SERIAL 1106
TOTAL 132(
19 133
152
6 3!1
45 7
84 9!
SOUTH GATE-6550032A
VOTE BY MAIL SERIAL 1107
TOTAL 2671
58 382
440
21 135
156
30 21 B
248
SOUTH GATE - 6550033A
VOTE BY MAIL SERIAL 1108
TOTAL 1 90;
41 242
283
19 104
123
18 111
129
SOUTH GATE - 6550036A
VOTE BY )AAIL SERIAL 1109
TOTAL 250;
55 208
263
22 99
121
29 99
128
SOUTH GATE - 6550050A
VOTE BY MAIL SERIAL tllO
TOTAL 256€
63 309
372
t5
107
122
42 180
222
SOUTH GATE - 6550052A
VOTE BY MAIL SERIAL 1111
TOTAL 242E
53 343
396
22 129
151
24 190
214
SOUTH GATE - 6550061 A
VOTE BY MAIL SERIAL 1112
TOTAL 1491
42 182
224
14 80
94 25
89 114
SOLITH GATE-6550064A
VOTE BY MAIL SERIAL 1113
TOTAL 226€
58 331
389
19 142
161
27 152
179
440
COUNTYOFLOSANGELES- STATEWIDEDIRECTPRIMARYEl_ECTION OB101122 142.3 -PAGE-1854oTB481

FINAL OFFICIAL

ST ATEMENT OF VOTES CAST

BY PRECINCT
SOUTH GATE CrlY SPEC MuNl

MEASLIRE CC
# +(:> .LOCATION REGIST-
RATION

BALLOTS
CAST

PRECINCT TOT AL

VBM TOTAL
GRAND TOT AL 46205
!012
5385
8397
3%
2092
2458
542
2791
3333
I
441
CITYMANAGER'S OFFICE Item No. 12
JUL g 6 2022
City of South Gate

CITY COUNCIL
AGENDA IBjILL
For the Regular Meeting of: July 12, 2022
Originating Department: City Manager's Office
Interim Ciffl Manager:

Chris Je;jfers
City Manager:

U>is,.regers
SUBJECT: RESOLUTION AJ)OPTING PROCEDURES FOR THE CONDUCTING OF

CITY COUNCIL AND THEIR ASSOCIATED BODIES PUBLIC MEETINGS PURPOSE: This item was continued from the City Council Meeting of June 28, 2022. To allow staff to provide information and examples on the presentation of agenda items and hear public comments and adopt a Resolution to establish procedures, various roles and responsibilities, and rules as they relate to the conducting of public meetings for the City Council and associated legislative bodies they sit on for the City of South Gate.

RECOMMENDED ACTION: The City will consider adopting a Resolution establishing procedures for the conduct of City Council meetings and the public meetings of the City Council's associated legislative bodies.

FISCAL IMPACT: No new fiscal impact by formally adopting the policy.

ANALYSIS: The City Council has operated for many years with unwritten procedures for conducting its meetings, as well as, its related agencies and commissions on which they sit from time to time. The conducting of these meetings has always been compliant with state laws governing such public meetings
Using formally written and adopted procedures is considered a best practice tool in transparent operations and most cities have undertaken the development of these written procedures. There is no legal requirement to have written procedures and there is no guidance about what should be included in such a policy. However, organizations like the National League of Cities and the League of California Cities do recommend cities adopt written procedures to improve transparency, help make meetings more effective and efficient, and help assist in complying with state law requirements relating to public meetings.

In its broadest sense, a procedures policy should discuss how information will be published, how meetings will be run, how the public can participate, key roles and responsibilities, and state law requirements which may govern the conduct of these public meetings. l
442
Staff has used several sources to develop the proposed policy including current practices applied in this area for many elements, various written policies adopted by other cities such as Pleasant Hill; Pasadena; Menlo Park; Culver City, Brea, Palo Alto, and Los Altos to name a few.

ATT ACHMENTS: A.

Proposed Resolution (including Exhibit A - Procedures for the Conduct of City Council Meetings)
Public Meeting Speaking Limits Survey
2 443

ATT ACHMENT A
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,

CALIFORNIA, ESTABLISHING CITY COUNCIL POLICIES AND

PROCEDURES FOR PUBLIC MEETINGS
WHEREAS, the City Municipal Code 1.04 pronounces the procedures for preparation, posting, and distribution of agenda and conduct of meetings; and WHEREAS, the state of California as well provides procedures, posting requirements, and distribution of agenda and conduct of meetings; and WHEREAS, many cities have found it useful to staff, elected officials, and members of the public for such procedures and processes on how meetings shall be conducted to be laid out in a formal policy and reviewed periodically for compliance with state or judicial updates that may arise over time; and
WHEREAS, to ensure compatibility, consistency, and transparency of City Council meetings, a single source document is developed to assist staff, City Councilmembers and members of the public with how public meetings will be conducted for compliance with laws and parliamentary procedures

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference.

SECTION 2. The City Council does hereby approve the Procedures for the Conduct of City Council Meetings attached hereto as Exhibit "A."
SECTION 3. The City Council does hereby certify that the adoption of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code statutes 21000 et. Seq. ("CEQA") and 14 Cal. Code Reg. Section 15000 et.seq. (CEQA guidelines").

SECTION 4. The City Council does hereby declare that if any section, subsection, sentence, clause, phrase or portion of this Resolution or its application thereof is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have adopted this Resolution, and each and every section, subsection, sentence, clause, phrase or portion thereof not declared invalid or unconstitutional without regard to whether any portion of the Resolution would be declared invalid or unconstitutional.

Page l of 2
3 444
SECTION 5. The City Clerk shall ceitify to the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 12'h day of July 2022.

CITY OF SOUTH GATE:

BY:

Al Rios, Mayor
ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

DRAFT
B7:

Raul F. Salinas, City Attorney

Page 2 of 2 ends

4 445

EXHIBIT A

PROCEDURES FOR THE CONDUCT OF CITY COUNCIL MEETINGS I. Applicability
The procedures outlined below relating to the preparation, posting and distribution of agendas apply to the City Council, the Successor Agency to the Community Development Commission of the City of South Gate ("Successor Agency"), the South Gate Housing Authority ("Housing Authority") , the Utility Authority of the City of South Gate ("Utility Authority"), all City commissions and all other bodies that may be formed in the future by the City in compliance with state laws. The procedures outlined below relating to the conduct of Council meetings apply only to the City Council and its related bodies. All City Council meetings and meetings of related commissions/bodies shall be open to the public; however, the same may hold closed sessions as authorized by state law.

City Council Core Responsibilities
All members of the City Council have equal votes. No Councilmember has more power than any other Councilmember, and all should be treated with equal respect.

B. Dealings with Other Counclmembers, Staff and the Public Councilmembers should hold themselves as follows:

1. Demonstrate honesty and integrity in every action and statement.

2. Comply with both the letter and spirit of the laws and policies affecting the operations of government.

3. Serve as a model of leadership and civility to the community

4. Inspire public confidence in South Gate governtnent.

5. Work for the common good, not personal interest.

6. Prepare in advance of Council meetings and be familiar with issues on the agenda.

7. Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to one another and others.

8. Participate in scheduled activities to increase Council effectiveness to the best of one's ability.

9. Review Council procedures at least annually.

10. Represent the City at ceremonial functions at the request of the Mayor.

11. Beresponsibleforthehigheststandardsofrespect,civility,andhonestyinensuring the effective maintenance of intergovernrnental relations.

12. Respect the proper roles of elected officials and City staff in ensuring open and effective government.

13. Refer to one another fortnally during Council meetings as Mayor/Chair; Vice Mayor/Vice Chair; or Councilmember/Member.

Page l of 11
5236932.1-L235.0
446

14. Recognize, along with members of the public, that eveiyone brings unique and individual viewpoints to the discussion and decision-making process, and that decisions may not always be unanimous or reflect a specific voting configuration.

These differences should be respected and accepted.

III. Purpose of the Agenda
A. Purpose
The agenda process serves the following purposes:

1. 2.

3. 4.

5. As a communication mechanism, informing City staff, City Council, the public and the press.

As a compliance mechanism, ensuring compliance with mandated state laws.

As a decision-making mechanism, regularly bringing City business to the City Council for consideration and action. Agenda items should contain enough background, financial and document information so the City Council can obtain a full understanding of the issues. The agenda item should include a staff recommendation so City Council has the benefit of staff input prior to making a final decision.

As a historical reference that can be kept as a record of proceeding and action as needed for future actions and/or litigation.

As a document that allows the general public to understand the business actions that the Legislative body is considering action upon and how they can communicate their thoughts and opinions relating to the proposed items.

As set forth above, the puipose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council programs, goals and budget. Staff shall work with the policies established by Council and not place matters on the agenda that are outside the scope of existing work programs and priorities, except, as approved by a majority of the Council, or matters necessary to the proper operation and well-being of the City.

The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting.

B. Distribution and Public Posting of Agenda
At a minimum, the posting and distribution of all agendas shall be done in accordance with the Ralph M. Brown Act ("Brown Act") (California Government Code sections 54950 et seq.).

Agendas for regular meetings shall be posted a minimum of 72-hours prior to the meeting and 24- hours minimum for special meeting agendas. Such notices shall be posted in the following locations: City Hall, the City's website, and other locations as may be required by this policy or a particular Board/Commission's Bylaws. Posting of any agendas and/or public meeting notices at City Hall shall be the official location for purposes of Brown Act compliance.

Page 2 of 11 ends

5236932. l-L235.0
447
The agenda packages are provided to City Councilmembers on the Wednesday (or Thursday) prior to the City Council meeting. Distribution to the staff, public and media shall occur immediately after distribution to the City Council. The City Clerk's Office shall be responsible for the posting of the full agenda on the City's webpage and posting of the agenda cover sheet at designated locationsatCityfacilities. Inaddition,afullcopyoftheagendashallbeplacedonapubliccounter for the Public to access by Thursday prior of the City Council meeting.

Agenda subscriptions are available from the City Clerk's Office, 8650 California Avenue, South Gate (Tel: 323-563-9510). Copies of the agenda, and of individual agenda items, are available at costs established in the City's Master Fee Schedule. Copies of the agenda are also available on the City's website www.cityofsouthgate.orgError! Hyperlink reference not valid., C. Public Access to Agenda Related Materials
On occasion, the City Council may receive written materials either after the "agenda" has been posted or during a Council meeting. These written materials are typically related to an agendized item or handed out during the discussion of items during the meeting from the members of the audience. Upon the City Council receiving these written materials, they become public records.

For materials related to an agendized item, every reasonable effort shall be made to make a copy available for public inspection at the meeting; however, regardless a copy will be kept on file at the City Clerk's Office and can be viewed by the public during nortnal business hours within 72 hours after the City Council meeting.

IV Council Meetings
A. Regular and Special M[eetings
Council meetings are held on the second and fouith Tuesdays of the month, unless the meeting date falls on a holiday as defined in California Governtnent Code Section 6700. A regular meeting shall be held at 6:30 pm on the next business day thereafter, as required by California Government Code Section 54954. However, the City Council may cancel a regular meeting when it is la'iown that a majority of its members may not be in attendance in advance of said meeting. Typically, this may occur during the Thanksgiving and/or Christmas holiday periods.

Special meetings are scheduled as necessary and will be noticed in compliance with state law, which generally requires at least a 24-hour notice period.

Meetings for other bodies such as the Housing Authority, Successor Agency, and the Utility Authority are held when specific business agenda needs exist. In general, such meetings when calledwillbegivenatleasta72-hournoticeperiod. However,theyalsomayhavespecialmeetings and then would follow the procedures that the City Council special meetings follow under state law.

Generally, City Council regular and special meetings are held in the City Council Chambers, 8650 California Avenue, with Closed Session generally being held in the City Council conference room

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South Gate City CouncilJuly 12, 2022

South Gate City Council
July 12, 2022