Proposed commercial rates are shown below for a bundled service including the specified container size for garbage and for recyclables, and an organics container equivalent to 32 gals. per 2 cubic yards of total solid waste per week. (Highlighted cells reflect the lowest rates for that service option.)
Athens submitted rates:
E.J. Harrison submitted rates:
Waste Management submitted rates:
AR000667
1/Week 2/Week 3/Week 4/Week 5/Week 6/Week - 64g $55.62 I $81.72 $112.18 $142.33 $172.71 $204.04 96G $58.64 II $87.02 II $120.13 11 $153.85 11 $227.54 $260.57 ...... iiiiiiiiiiiii, lCY $85.89 $135.64 $194.47 $270.71 $388.05 $403.23 ...... iiiiiiiiiiiii, 2CY $157.96 $281.87 $398.21 $562.55 $703.19 $798.42
3CY $174.99 $305.52 $472.95 $613.50 $778.69 $943.89
= =
4CY $278.09 $497.53 $700.90 $971.26 $1,214.07 $1,398.71 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
64g $62.00 $108.50 $155.00 $240.50 $287.00 $333.50
96G $71.50 $125.13 $217.75 $271.38 $328.00 $381.63
lCY $235 .00 $385.00 $539.00 $710.50 $869.75 $1,016.75
2CY $266.00 $465.50 $645.75 $850.50 $1,039.00 $1,219.00 3CY $317.00 $554.75 $792.50 $1,026.00 $1,257.00 $1,282 .25 4CY $391.00 $733.25 $1,027.50 $1,319.25 $1,667.25 $1,929.00 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
64g $48.00 $91.72 $135.43 $209.82 $253.54 $297.25
96G $66.09 $106.13 $198.14 $250.94 $310.44 $363 .29
lCY $230.48 $392.79 $582 .02 $773 .15 $964.27 $1,155.40 2CY $241.91 $441.09 $630.35 $836.76 $1,058.17 $1,249.58 3CY $290.34 $507.62 $757.25 $1,044.52 $1,295.56 $1,546.14 4CY $355 .02 $633.41 $893 .68 $1,147.38 $1,391.58 $1,629.52 691
City Council
REGULAR MEETING - TELECONFERENCE/VIDEO CONFERENCE
Tuesday, March 9, 2021, 6:00 P.M.
Andrew P. Fox City Council Chambers
Public advisory: The City Council facilities are closed to the public.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), the City's website (www.toaks.org/TOTV), and YouTube (CTO Meetings).
Pursuant to the Governor’s Executive Order N-29-20, City Councilmembers will be participating via teleconference and/or video conference.
You may participate in the meeting by submitting written comments or requesting to speak no later than 5:00 p.m. the day of the meeting.
If you would like to submit a written comment, please complete the online Comment Form.
Please see page two for more information.
If you would like to speak on an agenda item, please complete the online Speaker Form.
Please see page two for more information.
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 449-2151 within 48 hours of the meeting.
Claudia Bill-de la Peña, Mayor
Bob Engler, Mayor Pro Tem
Al Adam, Councilmember
Ed Jones, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jim Friedl, General Manager, CRPD Heather Cousin, Library Director John Spykerman, Fire Chief Jim Fryhoff, Police Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose Revised Agenda
Posted 03/04/21
to add Item 5.B.
AR000668
C ity of
Thousand
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AGENDA
2100 Thousand Oaks Boulevard • Thousand Oaks, CA 91362
Phone 805/ 449.2151 • Fax 805/ 449.2150 • www.toaks.org toaks.org
692
The following is provided to assist with public participation:
Agenda Availability: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are re-broadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
Public Input: To allow adequate time to provide your comments to the City Councilmembers please submit your comments via the online Comment Form no later than 5:00 p.m. the day of the meeting. If you would like to speak on an agenda item during the meeting, please complete the online Speaker Form no later than 5:00 p.m. the day of the meeting. If you would like to speak during the meeting, you will be asked to provide an email address and/or telephone number where you may be reached when the item is being discussed at the City Council meeting. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 449-2151.
Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions; will be printed/posted as submitted.
Special Meeting Public Input: Only issues listed on a special meeting agenda may be addressed pursuant to the Brown Act/Special Meetings.
Consent Calendar: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended. There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
Supplemental Information: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets.
Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
Judicial Review: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90- day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 1-4.05.
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CITY OF THOUSAND OAKS CITY COUNCIL AGENDA
Thousand Oaks, California 3 March 9, 2021
RES. NO. 2021-007
ORD. NO. 1684-NS
1. CALL TO ORDER: 6:00 p.m.
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL: Councilmembers Adam, Jones, McNamee, Engler, and Mayor Billde la Peña
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. COVID-19 Update
B. Women’s History Month Proclamation
6. PUBLIC COMMENTS:
7. CONSENT CALENDAR: None
8. PUBLIC HEARING: None
9. DEPARTMENT REPORTS:
A. Solid Waste Franchise Agreement Award
RECOMMENDATION: Approve Exclusive Solid Waste Franchise Agreement (Agreement) with Arakelian Enterprises, Inc. dba Athens Services (Athens), City of Industry, CA, for residential and commercial solid waste, recyclable materials, and organic waste collection services for a 15- year term from January 1, 2022 through December 31, 2036
10. COMMITTEE/COMMISSION/BOARD REPORTS: None
11. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS
REDEVELOPMENT AGENCY REPORTS: None
12. COUNCIL ISSUES/RECOMMENDATIONS:
A. Follow-up reports on meetings/conferences attended by Councilmembers AR000670
694
CITY OF THOUSAND OAKS CITY COUNCIL AGENDA
Thousand Oaks, California 4 March 9, 2021
13. CITY MANAGER:
A. Follow-up items
B. Announcements and upcoming issues
14. CLOSED SESSION: None
15. PUBLIC NOTICES: None
16. ADJOURNMENT:
Adjourn in memory of:
o Richard Rosiejka, former Planning Commissioner
to Regular Meeting March 16, 2021
Agenda Post Date/Time: March 1, 2021, 8:30 p.m.
CCD:610-40\h:\common\agenda\2021\03-09-21.docx
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TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: March 9, 2021
SUBJECT: Solid Waste Franchise Agreement Award
RECOMMENDATION:
Approve Exclusive Solid Waste Franchise Agreement with Arakelian Enterprises, Inc. dba Athens Services (Athens), City of Industry, CA, for residential and commercial solid waste, recyclable materials, and organic waste collection services for a 15-year term from January 1, 2022 through December 31, 2036.
FINANCIAL IMPACT:
No Additional Funding Requested. Cost of consultant to assist with Request for Proposals (RFP) and evaluation process was included in the Adopted FY 2020-21 Solid Waste Fund Budget and will be reimbursed by Athens. Associated staff time was included in the Adopted FY 2020-21 Solid Waste Fund Budget.
The Franchise Fee rate will remain at nine percent. The revenue is estimated at $2.0 million annually in the General Fund and will be included in the upcoming biennial budget.
The Solid Waste Management Fee remains at 8.25 percent for commercial service and is adjusted to 10.25 percent for residential service. The estimated revenue is $1.8 million annually in the Solid Waste Fund, which supports the City’s solid waste program administration and services.
BACKGROUND:
The City utilizes exclusive franchise agreements for the regularly scheduled collection and processing of trash, recyclables, and organic waste, and street sweeping services. Residential services are currently provided through exclusive franchise agreements with USA Waste of California (Waste Management) and Newbury Disposal Company, E.J. Harrison and Sons, Inc. (Harrison), which serve two distinct geographic areas of Thousand Oaks. Commercial service is provided AR000672
City of
Thousand Oaks
Public Works Department
STAFF REPORT
2100 Thousand Oaks Boulevard • Thousand Oaks, CA 91362
Phone 805 / 449.2400 • Fax 805 / 449.2475 • www.toaks.org 696
Solid Waste Franchise Agreement Award
March 9, 2021
by Waste Management through its exclusive franchise agreement with the City.
Exclusive franchise agreements have been in place with Waste Management and Harrison in various forms since 1998.
Existing agreements with both companies were scheduled to expire on June 30, 2021, requiring that they be extended, renegotiated with the current haulers, or the solid waste service opened to an RFP process. To assist with negotiation of new solid waste franchise agreements and rate analyses for residential and commercial collection services, on December 18, 2018, City Council approved a professional consulting services agreement with R3 Consulting Group Inc. (R3). Throughout 2019, staff and R3 met with Waste Management and Harrison to discuss and negotiate the terms and associated rates for new solid waste agreements that would maintain compliance with State regulations, provide excellent service to residents and businesses, and minimize rates.
On May 21, 2019, City Council extended the hauler agreement expiration dates to December 31, 2021, to allow time to continue the negotiation process and develop Memoranda of Understanding (MOUs).
On December 10, 2019, City Council received and considered a staff report with options, including the negotiated MOUs for the provision of exclusive franchise solid waste service in the City. After deliberation, City Council requested a postponement of their decision. On January 28, 2020, City Council rejected the terms of the MOUs negotiated with Waste Management and Harrison, authorized staff to issue notices of non-extension of the existing agreements to Waste Management and Harrison, and directed staff to begin the RFP process for selection of exclusive solid waste hauler services. The City had not previously ever issued an RFP or initiated a bidding process for an exclusive solid waste franchise to operate in Thousand Oaks.
On March 31, 2020, City Council approved a professional consulting services agreement with R3 in the amount of $134,500, to provide assistance with the solid waste franchise RFP process. On July 7, 2020, City Council authorized staff to issue the RFP for the City’s exclusive solid waste franchise.
Solid Waste Regulations
Since the existing hauler agreements went into effect, the State legislature has passed several laws that significantly affect the processing of trash, recyclables, and organic waste. In 2011, the State adopted AB 341, requiring all businesses to recycle and jurisdictions to implement a commercial solid waste recycling program.
This Bill also established a goal of a 75 percent recycling rate (diversion) by 2020.
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Additionally, the State passed laws that affect organic solid waste handling. AB 1826 (2014) requires each jurisdiction to implement an organic waste recycling program to divert from the landfill organic waste from businesses and multi-family dwellings. Businesses meeting specific solid waste generation thresholds are required to arrange for organic waste recycling services. Organic waste includes food waste, green (landscaping/yard) waste, non-hazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
In 2016, an additional State law (SB 1383), designed to keep organics out of the landfills, was passed. SB 1383 requires a 50 percent reduction in organic waste disposal by 2020 and 75 percent by 2025. Final rulemaking was completed in November 2020 with regulations to go into effect January 1, 2022. Under the new law, jurisdictions are required to provide organics services to all residents and businesses, establish an edible food recovery program, procure recyclable and recovered organic products, secure access to organics recycling capacity, monitor compliance, and conduct enforcement.
Existing Solid Waste Service
Residential solid waste collection is provided through a bundled three-bin weekly service, which includes a 64-gal garbage cart, 64-gal recycling cart, and 96-gal green waste cart. Limited service is available for residents with less garbage, and those with no yard waste, who for example reside in some multi-family units. The 2021 basic residential service rate is $36.73 per month.
Regularly scheduled commercial solid waste service is available for trash, recycling, and food waste (organics). Commercial green (landscaping) waste collection is available only on demand. Commercial trash and recycling service is available in a number of different cart and bin sizes from 64-gal to six yds, with additional options for larger roll-offs and compactors. In addition, collection can be scheduled from once to six times per week. (Please note: throughout this document report “yd” is used to denote volume in cubic yards, and “gal” is used for gallons.)
The most common commercial service in the City is a once-a-week collection service for a three-yd garbage bin and a three-yd recycling bin and currently costs $237.09 per month.
DISCUSSION/ANALYSIS:
In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, staff solicited a formal Request for Proposals for Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services. Unlike the low bid requirements of the Public Contract Code, AR000674
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Solid Waste Franchise Agreement Award
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contracts for professional, management, general, or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services solicited.
The award of an RFP is based upon a variety of factors that demonstrate best value to the agency for the solicited scope of service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who will be awarded the contract. The waste hauler RFP was published on July 16, 2020 in the Thousand Oaks Acorn, and from this effort, four proposals were received.
Proposal evaluations
The terms of the new Agreement (Attachment #1) were specified in the RFP, and all interested haulers submitted their proposals and service rates in response to the conditions specified therein. Proposals from the following four entities were received:
• American Reclamation, Inc., Los Angeles
• Arakelian Enterprises, Inc. dba Athens Services, City of Industry • E.J. Harrison and Sons, Inc., Ventura
• G.I. Industries dba Waste Management, Simi Valley
Proposals were evaluated based on the following criteria as specified in the RFP document:
1. Qualifications, Experience and Reputation of Contractor, and SubContractors in Providing Solid Waste Services
2. Financial Qualifications of Contractor and Sub-Contractors
3. Technical Approach
4. Sustainability, Diversion, and Outreach
5. Customer Service
6. Maximum Service Rates
A five-person Review Committee comprised of City and consultant staff independently scored each of the proposals on each of the first five criteria. These scores were averaged across committee members and weighted according to their significance. A separate evaluation of proposed rates was conducted through direct rate comparison. Based on the evaluation scoring, three finalists were selected and invited to make a presentation to the Review Committee and answer questions about their proposals.
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The finalists - Athens, Harrison, and Waste Management - were interviewed by the Review Committee between December 2 and December 4, 2020. Subsequently, committee members unanimously ranked Athens highest overall. Additionally, Athens ranked highest in an evaluation of service rates, offering significantly lower rates than the competing haulers for both residential and commercial service.
For the basic residential cart service, utilized by more than 95 percent of currentlyserviced residents, a comparison of proposed rates is shown in the table below.
Also shown are the proposed rates for the most utilized commercial bundled service comprising once-a-week collection of a three-yd garbage bin, three-yd recycling bin, and 96-gal organics cart.
Service Athens EJH WM
Basic residential cart service
(64-gal garbage, 64-gal recycling,
96-gal organics)
$24.36 $33.54 $33.75
Basic commercial bundle
(3-yd garbage, 3-yd recycling,
96-gal organics; once per week)
$174.99 $317.00 $290.34
The rate differences shown here are reflective of those overall. A complete comparison of all proposed rates is provided in Attachment #2.
Athens proposes to use the following facilities for waste processing and disposal:
Solid Waste: Calabasas Landfill
Recyclables: Sun Valley Materials Recovery Facility
Green and Organic Waste: American Organics (Victorville) Provisions of new Agreement
The new Agreement was developed to ensure compliance with recent State legislation. Commercial service has been designed to operate as a bundled service much like the existing residential service, whereby separate garbage, recycling, and organics containers will be provided to customers in one bundled package.
Commercial customers will select their garbage container size and frequency, and as part of the bundled package, will receive an equivalent volume of recycling service and organics service calculated as one 32-gal organic waste cart per twoyds of total weekly trash (garbage plus recycling). For example, commercial customers subscribing to a once-a-week three-yd garbage bin service would receive a three-yd recycling bin and a 96-gal organics cart in their bundled service.
Customers will have the ability to increase recycling and organics collection volume as needed. New green (landscaping) waste-only and food waste-only scheduled collection services will also be available.
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The new Agreement includes a 15-year term, chosen to allow the hauler to spread the significant capital costs of new vehicles, containers, and infrastructure over their lifetimes, and thus ensure the lowest rates for service recipients.
A new service to provide quarterly collection of household hazardous waste (HHW) from homes has been included as a convenience to residents. The City’s permanent HHW Facility will remain open for drop off on Fridays and Saturdays.
Key provisions of the new Agreement include:
• Start date of January 1, 2022.
• 15-year term with provision for two five-year extensions at the option of the City.
• SB 1383 compliance.
• Bundled commercial and residential service (all recipients receive garbage, recycling, and organics service). Residents to add food waste to green waste cart.
• Cash reimbursement to the City by contractor for cost of consultant. • HHW Home Collection Service (quarterly).
• Street sweeping service to continue to be provided by waste hauler. • New provisions for multi-family and mixed-use developments that include large item disposal and use of “scout” truck to retrieve containers in difficultto-access areas such as underground garages. • Three (3) free landfill disposal days a year, each allowing residents to drop off up to two vehicle loads of trash at no charge.
• Two (2) times per year bulky item waste (large item) pickup. • Expanded service of up to 150 public area garbage and recycling waste containers, an increase from the current 70 garbage and 35 recycling containers now.
• All new clean-fuel vehicles (vehicles to be powered with renewable natural gas or electric).
• All residential carts to be new, with correct usage labelling meeting CalRecycle requirements.
• Commercial bins to be new, or if in good condition, freshly painted. • All collection containers to utilize standard colors: blue for recycle, black/charcoal for garbage, green/brown for yard waste/mixed organics, and green with yellow lid or yellow for food waste only – and with correct usage labelling that meets CalRecycle requirements.
• Contractor to offer employment to displaced workers at equal or greater salary.
• Compliance tracking and reporting through online Waste Reporting System. • Performance metrics, accountability, and penalties.
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• Annual rate increases limited to any increase in the annual Consumer Price Index (CPI) and capped at four percent.
The Agreement was designed to meet the requirements of the State’s recycling mandates and to be appropriate for the capabilities and capacities of available recycling and organics processing facilities at the start of this Agreement. The capabilities and capacities of such facilities may change during the term of the Agreement; as such the City may redirect materials to alternate facilities in the future with allowance for adjustments to Maximum Service Rates to reflect any additional costs borne by Athens.
Benefits to the Community
In addition to the provisions of the Agreement as specified in the RFP, Athens included the following benefits to the City as part of their proposal. The benefits were incorporated in the proposed Agreement:
• $200,000 per year in community benefit grant support to the Thousand Oaks community for the term of the Agreement.
• A walk-in customer service center located in Thousand Oaks. • Forty-five (45) recycling coordinators to meet with businesses and facilitate the transition process in the six months prior to the Agreement start date. • A live dashboard for the public to view waste hauler truck locations in realtime. • Dashboard of service account information available to the City for customer service and compliance purposes.
Residents: Under the new Agreement with Athens, residents would see an approximately 34 percent reduction in their current monthly trash bill, from $36.73 to $24.36 per month. Residents receiving limited service will receive even larger percentage savings. In addition, residents in multi-family dwellings will now have access to free large-item disposal service. A new quarterly HHW Home Collection service will be available at no charge to all residents. On average, residential households will save $150 annually relative to current charges, a total annual savings to residents across the City of $4.7 million. If future annual CPI increases average 2.5 percent (the average for the past twenty years), residential rates will be less at the end of the fifteen-year contract than they are currently.
Businesses: Commercial customers will be impacted by both new regulations and service rates. Currently all commercial customers who generate four-yds or more of solid waste per week are required to subscribe to recycling services. Effective September 2020, all commercial customers who generate two-yds or more of solid waste per week were also required to subscribe to organics recycling services.
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Because the addition of organics collection and processing services is inherently challenging, the roll-out of the organics program has been slow in the City and throughout the State. As a result, last Fall the California Department of Resources Recycling and Recovery (CalRecycle) required the City to submit an action plan for compliance with the organics mandate. This plan included the distribution of compliance notices to all businesses at the end of 2020, and the inclusion of organics service to all residents and businesses in the new Franchise Agreement.
To ensure compliance with State mandates, the new Agreement will require businesses to subscribe to a bundled service as described herein. Rates for this new service are not directly comparable to existing rates because (i) most businesses do not yet receive organics service; and (ii) their current recycling service has historically been lower volume than their current garbage service.
The two most common existing commercial services are once-a-week service for bins of varying size, and four-yd bin service at varying collection frequency. The 2022 Athens rates for these bundled services under the new proposed Agreement are shown below together with rates for a combined garbage service and equal volume recycling service under the current service agreement.
Once-a-week bundled service
(Equal-sized garbage + recycling + min. organics)
Bin size: 2-yd 3-yd 4-yd
2022 rate $157.96 $174.99 $278.09
Equal-sized garbage + recycling
Current rate $178.97 $237.09 $306.59
3-yd bundled service
(3-yd garbage + 3-yd recycling + 96-gal organics)
Frequency: 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
2022 rate $174.99 $305.52 $472.95 $613.50 $778.69 $943.89 3-yd garbage + 3-yd recycling
Current rate $237.09 $299.49 $423.89 $548.29 $672.69 $797.09 Even with the addition of organics recycling service, small businesses with oncea-week service will save on their solid waste costs. Businesses with a more frequent service will likely see increased costs, but the increases are substantially less than what would have occurred under the negotiated MOU or under the AR000679
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Solid Waste Franchise Agreement Award
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competing proposals, and were anticipated as a result of recent increased recycling costs and the implementation of AB 1826 and SB 1383.
Businesses that utilize roll-offs and compactors to meet higher volume needs will see reduced rates, with the hauling rates for servicing these reduced to $210 for roll-offs and $295 for compactors regardless of container size. These amount to reductions of up to 22 percent over current rates.
To minimize impacts on commercial customers, Athens will deploy a team of fortyfive (45) recycling coordinators to meet one-on-one with businesses to assess their solid waste needs and develop a service plan that meets these needs while minimizing costs and maintaining regulatory compliance. In many cases, it is anticipated that businesses will require the same total weekly volume of solid waste service as now, but that their collection containers will need to be reconfigured so that waste is distributed into the appropriate stream.
Athens Services
Athens is a family-owned and -operated company, which currently provides waste, recycling, and organics collections services to forty-one communities in Southern California. Arakelian Enterprises, Inc. is the successor to Athens Disposal Company, which commenced operations in 1957. Athens corporate headquarters are located in the San Gabriel Valley in the City of Industry, but they will conduct business in the City from their local Sustainability Center located in Thousand Oaks. Athens currently provides solid waste services in the cities of Los Angeles, Beverly Hills, Whittier, San Gabriel, Sierra Madre, Santa Paula, Monrovia, West Hollywood, Pasadena, Glendora, Redondo Beach, and many others.
Staff contacted references in a number of cities and received positive recommendations. Athens was praised in particular for their customer service, outreach and education programs.
Community Outreach: As part of the Agreement, extensive community outreach is planned prior to and during the transition to the new hauler. Exhibit 10 of the Agreement details Athens’ transition plan including the plan for education and outreach which begins in June 2021, six months prior to the start of service. Cityspecific supporting material will be developed and distributed to all service recipients in the latter half of this year, explaining the new service. A dedicated website for Thousand Oaks residents and businesses will be developed by Athens, town hall meetings will be hosted, a Sustainability Center located opposite City Hall will be utilized for walk-in service, and site assessments will be scheduled individually with businesses.
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This City Council item meets City Council Priority #8: “Promote environmental sustainability efforts through Sustainability Strategic Plan.” COUNCIL GOAL COMPLIANCE:
Meets City Council Goals B and E:
B. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
E. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Helen Cox, Sustainability Division Manager Attachments:
Attachment #1 – Agreement with Arakelian Enterprises, Inc. dba Athens Services
Attachment #2 – Comparison of proposals submitted
DPW: 810-40\etm\Council\2021\030921\Exclusive Solid Waste Franchise Agreement Award staff report.docx.
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ATTACHMENT #1
DPW: 810-40\etm\Council\2021\030921\Exclusive Solid Waste Franchise Agreement Award.docx
1 COLLECTION SERVICES AGREEMENT
2 FOR THE PROVISION OF
3 4 RESIDENTIAL AND COMMERCIAL SOLID WASTE,
5 RECYCLABLE MATERIALS AND ORGANIC WASTE
6 COLLECTION SERVICES
7 8 Executed Between the
9 City of Thousand Oaks and Arakelian Enterprises, Inc. 10 d/b/a Athens Services
11 This 1st 12 day of January 2022
13 14
15 AR000682
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16 TABLE OF CONTENTS
17 Collection Services Agreement
18 19 Article 1. Definitions................................................................................................................ 5 20 Article 2. Term of Agreement.................................................................................................16 21 Article 3. Conditions Governing Services Provided by Contractor..........................................16 22 Article 4. Billing, Charges and Rates..............................................................................26 23 Article 5. Diversion Requirements..................................................................................29 24 Article 6. Service Unit Types..........................................................................................32 25 Article 7. SFD Service....................................................................................................33 26 Article 8. Commercial Service........................................................................................38 27 Article 9. Multi- Family Dwelling Service with Individual Carts (MFD-I)...........................45 28 Article 10. Multi-Family Dwelling with Centralized Bin Service (MFD-C)...........................45 29 Article 11. Mixed Use Dwelling Service (MXD).................................................................46 30 Article 12. City Services...................................................................................................46 31 Article 13. Additional Services .........................................................................................48 32 Article 14. Collection Routes............................................................................................49 33 Article 15. Minimum Performance and Diversion Standards ............................................49 34 Article 16. Collection Equipment ......................................................................................51 35 Article 17. Contractor’s Office ..........................................................................................54 36 Article 18. Contractor Support Services ...........................................................................55 37 Article 19. Emergency Service.........................................................................................60 38 Article 20. Record Keeping and Reporting Requirements ................................................60 AR000683
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39 Article 21. Nondiscrimination ...........................................................................................65 40 Article 22. Service Inquiries and Complaints....................................................................65 41 Article 23. Quality of Performance of Contractor..............................................................66 42 Article 24. Performance Bond ..........................................................................................67 43 Article 25. Insurance........................................................................................................68 44 Article 26. Hold Harmless and Indemnification.................................................................70 45 Article 27. Default of Agreement ......................................................................................73 46 Article 28. Modifications to the Agreement.......................................................................75 47 Article 29. Legal Representation......................................................................................76 48 Article 30. Conflict of Interest ...........................................................................................76 49 Article 31. Contractor's Personnel....................................................................................77 50 Article 32. Exempt Waste.................................................................................................77 51 Article 33. Independent Contractor ..................................................................................77 52 Article 34. Laws to Govern...............................................................................................78 53 Article 35. Consent to Jurisdiction....................................................................................78 54 Article 36. Assignment .....................................................................................................78 55 Article 37. Compliance with Laws ....................................................................................79 56 Article 38. Permits and Licenses......................................................................................79 57 Article 39. Ownership of Written Materials .......................................................................79 58 Article 40. Waiver.............................................................................................................79 59 Article 41. Prohibition Against Gifts..................................................................................79 60 Article 42. Point of Contact ..............................................................................................80 61 Article 43. Notices............................................................................................................80 AR000684
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62 Article 44. Transition to Next Contractor ..........................................................................80 63 Article 45. Contractor’s Records ......................................................................................81 64 Article 46. Entire Agreement ............................................................................................82 65 Article 47. Severability .....................................................................................................82 66 Article 48. Right to Require Performance.........................................................................82 67 Article 49. All Prior Agreements Superseded ...................................................................82 68 Article 50. Headings.........................................................................................................82 69 Article 51. Exhibits ...........................................................................................................82 70 Article 52. Attorney’s Fees...............................................................................................82 71 Article 53. Effective Date..................................................................................................83 72 Article 54. Signatures.......................................................................................................83 73 74 This Agreement is effective as of January 1, 2022 (“Effective Date”), and is between the City of Thousand 75 Oaks, a general law city of the State of California, referred to as "City" and Arakelian Enterprises, Inc. d/b/a 76 Athens Services referred to as "Contractor".
77 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained in this 78 Agreement, City and Contractor agree as follows:
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80 Article 1. Definitions
81 For the purpose of this Collection Services Agreement, referred to as "Agreement", the definitions contained 82 in this Article apply unless otherwise specifically stated. When not inconsistent with the context, words used 83 in the present tense include the future, words in the plural include the singular, and words in the singular 84 include the plural. Use of the masculine gender includes the feminine gender. The meaning of terms or 85 words not defined in this Article will be as commonly understood in the solid waste collection services 86 industry when the common understanding is uncertain. 87 1.01 AB 341. “AB 341” means State of California Assembly Bill No. 341 approved October 5, 88 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more 89 than 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or 90 more, to arrange for recycling services and requires jurisdictions to implement a commercial solid waste 91 recycling program.
92 1.02 AB 827. “AB 827” means State of California Assembly Bill No. 827 approved October 02, 93 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated 94 to recycle organics under AB 1826 (“MOR”) or SB 1383 and that provide customers access to the business, 95 to provide customers with a recycling bin and/or organics collection bin for those waste streams that is 96 visible, easily accessible, and adjacent to each bin or container for trash. 97 1.03 AB 939. “AB 939” or “The Act” means “The California Integrated Waste Management Act 98 of 1989” codified in part in Public Resources Code §§ 40000 et seq, as it may be amended and as 99 implemented by the regulations of the California Department of Resources Recycling and Recovery 100 (CalRecycle), or its successor agency.
101 1.04 AB 1594. “AB 1594” means State of California Assembly Bill No. 1594 approved 102 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 103 Daily Cover does not constitute diversion through recycling and would be considered disposal. 104 1.05 AB 1699. “AB 1669” means State of California Assembly Bill No. 1669 approved 105 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the 106 hiring of displaced employees under service contracts for the collection and transportation of solid waste. 107 1.06 AB 1826. “AB 1826” means State of California Assembly Bill No. 1826 approved 108 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 109 organic waste recycling program to divert from the landfill organic waste from businesses. Each business 110 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to 111 January 1, 2020, is required to arrange for organic waste recycling services. 112 1.07 AB 3036. “AB 3036” means State of California Assembly Bill No. 3036 approved 113 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from 114 subjecting the hauling of certain byproducts from the processing of food or beverages to an exclusive 115 franchise, contract, license, or permit.
116 1.08 Agreement. “Agreement” means the written agreement between the City and the 117 Contractor covering the work to be performed and all contract documents attached to the agreement and 118 made a part thereof.
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119 1.09 Agreement Administrator. The City Manager, or his or her designee, designated to 120 administer and monitor the provisions of the Agreement.
1.10 Agreement Year. Agreement year means each twelve (12) month period from January 1 121 st to December 31st 122 during the term of this Agreement. 123 1.11 Applicable Law. “Applicable Law” means all laws, regulations, rules, orders, judgments, 124 decrees, permits, approvals, or other requirement of any federal, state, county, city, and local 125 governmental agency having jurisdiction over the collection and disposition of Solid Waste, including 126 Recyclable Materials, Organic Waste, and Construction and Demolition Waste. 127 1.12 Best Management Practice. Best Management Practice means the collection of written 128 activities, practices, policies and procedures prepared and proposed by a responsible party, and then 129 approved by the Director, to prevent or reduce, to the maximum extent that is technologically and 130 economically feasible, the discharge of pollutants to the storm drain system which might be generated 131 from any site in the City.
132 1.13 Bin. “Bin” means a metal or plastic waste container designed or intended to be 133 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) 134 to six (6) cubic yards of material with the lid properly closed. The specifications for Contractor-provided 135 Bins are set forth in Exhibit 4.
136 1.14 Biohazardous or Biomedical Waste. Any waste which may cause disease or reasonably 137 be suspected of harboring pathogenic organisms; included is waste resulting from the operation of medical 138 clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human 139 and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, 140 contaminated clothing and surgical gloves.
141 1.15 Brown Goods. Electronic equipment such as stereos, televisions, computers, VCR’s and 142 other similar items collected from SFD Service Units. 143 1.16 Business Day. Any Monday through Friday, excluding any holidays as defined in Section 144 3.07.
145 1.17 Calendar Year. Each twelve (12) month period from January 1 to December 31. 146 1.18 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least twenty (20) 147 and not more than one-hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided 148 by the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients 149 for collection, accumulation, and removal of solid waste from commercial, industrial, or residential 150 premises in connection with Exclusive Franchise Collection Services. The specifications for Contractor151 provided Carts are set forth in Exhibit 3. 152 1.19 CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act 153 of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated 154 thereunder.
155 1.20 Change in Law. Change in Law means any of the following events or conditions which has 156 a material and adverse effect on the performance by the parties of their respective obligations under this AR000687
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157 Agreement (except for payment obligations), or on the siting, design, permitting, acquisition, construction, 158 equipping, financing, ownership, possession, management operation or maintenance of the operating 159 assets or providing the franchise service or other matters to which Applicable Law applies:
160 A. the enactment, adoption, promulgation, issuance, modification, or written change 161 of or in Applicable Law, including but not limited to new or increased fees and charges imposed by the State 162 of California or the U.S. Federal government, directly related to the collection, handling, processing, 163 recycling or disposal of Solid Waste, or the enactment, adoption, promulgation, issuance, modification, or 164 written change in administrative or judicial interpretation on or after Effective Date of any Applicable Law; 165 B. the order or judgment of any Governmental Body, on or after the Effective Date, to 166 the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of 167 reasonable diligence of the City or of the Contractor, whichever is asserting the occurrence of a Change in 168 Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such 169 order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission 170 or lack of reasonable diligence; or
171 C. the denial of an application for, delay in the review, issuance or renewal of, 172 suspension, termination, interruption or imposition of a new or more stringent condition in connection with 173 the issuance, renewal or failure of issuance or renewal on or after the Effective Date of any Legal 174 Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or failure 175 materially and adversely interferes with the performance of this Agreement, of and to the extent that such 176 denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or 177 negligent action, error or omission or a lack of reasonable diligence of the City or of the Contractor, 178 whichever is asserting the occurrence of a Change of Law; provided, however, that the contesting in good 179 faith or failure in good faith to contest any such denial, delay, suspension, termination, interruption, 180 imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of 181 reasonable diligence.
182 1.21 City. The City of Thousand Oaks, California.
183 1.22 City Collection Service. City Solid Waste Collection Service, City Organic Waste Collection 184 Service, and City Recycling Service.
185 1.23 City Facility. City Facility(ies) means any building or other site owned or leased by the City 186 or used regularly and significantly and the space therein occupied by more than seventy-five percent (75%) 187 by employees or Contractors of the City.
188 1.24 City Manager. City Manager means the City Manager of the City of Thousand Oaks, or his 189 or her designated representative, or any employee of the City who succeeds to the duties and 190 responsibilities of the City Manager.
191 1.25 Code. Code means the City of Thousand Oaks Municipal Code. 192 1.26 Collection. The process whereby Residential, Commercial, and City Solid Waste are 193 removed and transported to a Disposal Facility, Organic Waste Processing Facility or Materials Recycling 194 (or Recovery) Facility as appropriate.
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195 1.27 Collection Container. A Bin, Cart, or Roll-Off Container that is approved by the Agreement 196 Administrator for use by Service Recipients for Collection Services under this Agreement. 197 1.28 Collection Services. “Collection Services” means Residential Collection Service, 198 Commercial Collection Service, and City Collection Service. 199 1.29 Commercial Collection Service. Commercial Garbage Collection Service, Commercial 200 Organic Waste Collection Service, and Commercial Recycling Service. Specifically includes the following:
201 A. Commercial Garbage Collection Service. The Collection of Commercial Garbage 202 by Contractor, from Commercial Service Units in the Service Area and the delivery of that Commercial 203 Garbage to a Disposal Facility.
204 B. Commercial Organic Waste Collection Service. The Collection of Organic Waste, 205 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Organic Waste 206 materials to an Organic Waste Processing Facility and the processing and marketing of those Organic 207 Waste materials, and the disposal of all Commercial Organic Waste Processing Residue. 208 C. Commercial Recycling Collection Service. The Collection of Recyclable Materials, 209 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Recyclable 210 Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials, 211 and the disposal of all Commercial Recyclable Materials Processing Residue. 212 1.30 Collection Vehicle. A licensed vehicle that is approved by the Agreement Administrator for 213 use by Contractor for the collection and hauling of Solid Waste. 214 1.31 Compactor. Any Roll-Off Container which has a compaction mechanism, whether 215 stationary or mobile.
216 1.32 Complete Sweep. Sweeping along all curbs including Median Islands and the corners from 217 any cross street intersecting the subject street. Does not include additional passes down the middle of 218 lanes except to clean around Median Islands.
219 1.33 Compost. “Compost” means the product resulting from the controlled biological 220 decomposition of Organic Wastes that are source separated from the municipal waste stream, or which 221 are separated at a centralized facility. Compost may also include the product of anaerobic digestion or 222 other conversion technologies.
223 1.34 Composting. “Composting” means the controlled and monitored process of converting 224 Organic Waste into Compost.
225 1.35 Construction and Demolition waste. “Construction and Demolition waste” or “C & D” means 226 Solid Waste consisting of building materials, packaging and rubble resulting from construction, remodeling, 227 repair, and demolition operations on pavement, residential, commercial or industrial premises, buildings, 228 and other structures, and land clearing operations. 229 1.36 Consumer Price Index (CPI). The index sets published by the Unites States Bureau of 230 Labor Statistics. The CPI set used to calculate the Maximum Service Rates is All Urban Consumers (CPI231 U), Los Angeles-Long Beach-Anaheim.
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232 1.37 Contaminant. Any material that is placed in a waste stream intended for recycling, including 233 organics, that cannot be recycled or reclaimed within the waste stream in which it is placed. A Contaminant 234 of the Recycling stream is any material placed in that waste stream that cannot be recycled or reclaimed 235 after processing. A Contaminant of the Green Waste stream is any material not normally produced from 236 gardens or landscapes such as, but not limited to, brick, rocks, gravel, large quantities of dirt, concrete, 237 sod, non-organic wastes, oil and wood or wood products, including but not limited to, stumps, diseased 238 elms, and other diseased trees. A Contaminant of the Food Waste stream is any non-Food Waste material 239 placed in that waste stream.
240 1.38 Contractor. The entity that has obtained from the City this Agreement to provide Collection 241 Services.
242 1.39 County. Ventura County, California.
243 1.40 Curb Miles. Distance along one side of paved street. 244 1.41 Director. Director means the Public Works Director of the City or his or her designated 245 representative, or any employee of the City who succeeds to the duties and responsibilities of the Public 246 Works Director.
247 1.42 Dispose or Disposal. “Disposal” or “Dispose” means the final disposition of Solid Waste at 248 a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public 249 Resources Code 40192.
250 1.43 Disposal Facility. “Disposal Facility” means the facility or such place or places specifically 251 designated by the City for the disposal, or processing as appropriate, of Residential Waste and 252 Commercial Waste and other materials as appropriate and acceptable. 253 1.44 Downtown Area. The City’s downtown is that area so designated in the Thousand Oaks 254 Downtown Core Master Plan and comprises the area between Erbes Road to the west and Conejo School 255 Road to the east, the 101 Freeway to the south and the northern property line of those properties bordering 256 Thousand Oaks Blvd on its north side.
257 1.45 Dwelling Unit. Any individual living unit in a single-family dwelling, condominium, or town 258 home (SFD), MFD Units, MXD residential units, or building intended for, or capable of, being utilized for, 259 residential living.
260 1.46 Edible Food Recovery. “Edible Food Recovery” means the practice of gleaning or 261 recovering edible food for human consumption that would otherwise go to waste from places such as, but 262 not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining facilities and 263 distributing it to local emergency food programs
264 1.47 Effective Date. “Effective Date of Agreement” means the date designated in the Agreement 265 as the effective date. If no such date is indicated, it shall mean the date on which the Agreement is signed 266 and delivered by the last of the parties to sign and deliver. 267 1.48 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, 268 automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid 269 batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission.
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270 1.49 Food Waste. “Food Waste” means all putrescible solid, semisolid, and liquid food, such as, 271 fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta, and oils; coffee grounds and 272 filters and tea bags; and any putrescible matter produced from human or animal food production, 273 preparation, and consumption activities.
274 1.50 Franchised Diversion. Franchised Diversion means the rate of diversion that Contractor is 275 responsible to achieve as defined and calculated Section 5.02.1. 276 1.51 Franchise Fee. A fee established by resolution by City Council in consideration of Exclusive 277 Franchise.
278 1.52 Garbage. All putrescible and non-putrescible solid, semi-solid and associated liquid waste, 279 as defined in California Public Resources Code section 40191. Garbage does not include Recyclable 280 Materials, Organic Waste, Large Items, or Exempt Waste. Garbage must be generated by and at the 281 Service Unit wherein the Garbage is Collected.
282 1.53 Green Waste. “Green Waste” means Solid Waste consisting of any vegetative waste 283 generated from the maintenance or alteration of residential, commercial, or industrial premises including, 284 but not limited to, grass clippings, leaves, tree trimmings, prunings, brush, weeds, flowers, herbs, and 285 holiday trees
286 1.54 Gross Revenue. All monetary amounts actually collected or received by Contractor for the 287 provision of Franchise services pursuant to this Agreement. Gross Revenue shall include all receipts from 288 customers including late charges, contamination charges etc., including Solid Waste Management Fees 289 and Franchise Fees. The term Gross Revenues, for purposes of this Agreement, does not include any 290 revenues generated from the sale of Recyclable Material, compost product or energy, grants, cash awards 291 or rebates resulting from the performance of this Agreement. 292 1.55 Hazardous Waste. “Hazardous Waste” means a waste, or combination of wastes as 293 defined by Code of Federal Regulations, Title 40.
294 1.56 Holiday. “Holiday” means a day of the year designated by Contractor on which waste 295 Collection Service will not be provided until the following day, excluding Sunday. 296 1.57 Home Compost Bin. A portable durable container purchased by the City, and sold to SFD 297 or MFD/MXD Service Recipients at a discounted rate, and stored and distributed by the Contractor to SFD 298 or MFD/MXD Service Recipients for use by those Service Recipients to compost Organic Waste at their 299 premises.
300 1.58 Household Hazardous Waste. “Household Hazardous Waste” means that waste resulting 301 from products purchased by the general public for household use which, because of its quantity, 302 concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential 303 hazard to human health or the environment when improperly treated, disposed or otherwise managed, or, 304 in combination with other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit 305 any of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of 306 Regulations Title 22, Division 4.5, Chapter 11, Section 66261.3 307 1.59 Large Green Waste. Oversized Green Waste such as tree trunks and branches with a 308 diameter of not less than six (6) inches and not more than two (2) feet and a length of not more than five AR000691
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309 (5) feet in its longest dimension, which are attributed to the normal activities of an SFD Service Unit. Large 310 Green Waste must be generated by and at the SFD Service Unit where the Large Green Waste is 311 Collected.
312 1.60 Large Items. “Large Items” or “Bulky Waste” means Solid Waste consisting of discarded 313 white goods, furniture, tires, carpets, mattresses, and similar large items which do not fit in a regular 314 Collection Container and require special handling due to their size but can be collected and transported 315 without the assistance of special loading equipment (such as forklifts or cranes) and without violating 316 vehicle load limits. It does not include abandoned automobiles and other vehicles, nor does it include items 317 defined as Exempt Waste.
318 1.61 Materials Recovery Facility. Materials Recovery Facility (MRF) means a facility to which 319 commingled Solid waste, Organic waste and Recyclable Materials are brought for separation into 320 marketable Recyclables.
321 1.62 Materials Recycling Facility. Same as Materials Recovery Facility. 322 1.63 Maximum Service Rate. The maximum amount that Contractor may charge Service 323 Recipients for Collection Services, as listed in Exhibit 1, and as may be adjusted in accordance with the 324 provisions of this Agreement.
325 1.64 Median Islands. The area between opposing lanes of traffic defined by a curb or road 326 markings.
327 1.65 Multi-Family Dwelling (MFD) Collection Service. MFD Solid Waste Collection Service 328 serves an apartment, townhome or condominium complex, and specifically includes the following, MFD 329 Garbage Collection Service, MFD Large Item Collection Service, MFD Organic Waste Collection Service, 330 and MFD Recycling Service:
331 A. MFD Garbage Collection Service. The Collection of Residential Garbage, by 332 Contractor, from MFD Service Units in the Service Area and the delivery of that Residential Garbage to a 333 Disposal Facility.
334 B. MFD Large Item Collection Service. The periodic on-call Collection of Large Items, 335 by Contractor, from MFD Service Units in the Service Area and the delivery of those Large Items to a 336 Disposal Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of 337 this Agreement. MFD Large Item Collection Service may include the Collection of Large Items using Roll338 Off Containers. 339 C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 340 Contractor, from MFD Service Units in the Service Area, the delivery of those Organic Waste materials to 341 an Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 342 and the disposal of all MFD Organic Waste Processing Residue. 343 D. MFD Recycling Service. The Collection of Recyclables Materials by the Contractor 344 from MFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 345 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 346 MFD Recyclables Materials Processing Residue.
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347 1.66 Multi-Family Dwelling - Centralized (MFD-C) Collection Service. MFD-C Solid Waste 348 Collection Service that is centralized for the apartment, townhome or condominium complex, and 349 specifically includes the following: MFD-C Garbage Collection Service (as defined in 1.62A), MFD-C Large 350 Item Collection Service (as defined in 1.62B), MFD-C Organic Waste Collection Service (as defined in 351 1.62C), and MFD-C Recycling Service (as defined in 1.62D). 352 1.67 Multi-Family Dwelling - Individual (MFD-I) Collection Service. MFD-I Solid Waste Collection 353 Service where units have individual carts within the apartment, townhome or condominium complex and 354 specifically includes the following: MFD-I Garbage Collection Service (as defined in 1.62A), MFD-I Large 355 Item Collection Service (as defined in 1.62B), MFD-I Organic Waste Collection Service (as defined in 356 1.62C), and MFD-I Recycling Service (as defined in 1.62D). 357 1.68 Non-Collection Notice. A form developed and used by Contractor, as approved by City, to 358 notify Service Recipients of the reason for non-collection of materials set out by the Service Recipient for 359 Collection by Contractor pursuant to this Agreement. 360 1.69 Non-putrescible Material. “Non-putrescible Material” means Solid Waste consisting of 361 waste which is not organic and not subject to decomposition by microorganisms. 362 1.70 Organic Waste. “Organic Waste” means Food Waste, Green Waste, nonhazardous wood 363 waste, and food-soiled paper waste that is mixed in with Food Waste. 364 1.71 Organic Waste Collection Service. The Collection of Organic Waste from Service Units and 365 processing at an Organic Waste Processing Facility, and the disposal of all Organic Waste Processing 366 Residue.
367 1.72 Organic Waste Processing Facility. “Organic Waste Processing Facility” means a State 368 permitted commercial Solid Waste facility which accepts and processes Organic Materials. 369 1.73 Overage. Overage means excess Solid Waste, Organic Waste and Recyclable Materials 370 (i) placed inside a Container that prevents the lid on the Container from being completely closed (i.e., lid 371 remains open greater 45-degrees) or excess materials placed on top of or around a Container and (ii) 372 could potentially result in excess materials spilling/dislodging during collection activity by Contractor’s 373 vehicles.
374 1.74 Premises. “Premises” means any land or building in the City where waste is generated or 375 accumulated.
376 1.75 Putrescible Material. “Putrescible Material” means Solid Waste consisting of waste which 377 is organic and subject to decomposition by microorganisms. 378 1.76 Quarter. Period of three (3) months with first quarter the months of January through March, 379 second quarter April through June, third quarter July through September, and fourth quarter October 380 through December.
381 1.77 Recyclable Materials. “Recyclable Materials” means Solid Waste consisting of any material 382 which retains useful properties and can be reclaimed after the production or consumption process.
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383 1.78 Recycling. “Recycling” means the process of collecting, sorting, cleansing, treating and/or 384 marketing Recyclable Materials that would otherwise be disposed of in a landfill. The collection, 385 transportation or disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. 386 1.79 Residential Collection Service. “Residential Collection Service” means ongoing regularly 387 scheduled collection of Residential Solid Waste by an Exclusive Franchise from Residential Service Units 388 and the delivery of that Residential Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics 389 Processing Facility.
390 1.80 Residential Garbage. “Residential Garbage” means Garbage originating from Residential 391 Premises.
392 1.81 Residential Premises. “Residential Premises” means a Premises used for residential 393 purposes.
394 1.82 Residential Solid Waste. “Residential Solid Waste” means Solid Waste originating from 395 Residential Premises.
396 1.83 Residual or Residuals. Residual or Residuals means Solid Waste that is not diverted from 397 landfill disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables 398 Processing Facility for processing for diversion from landfill disposal. Residual does not include Recyclable 399 Materials or Organic Material that is processed for diversion but has no available markets. 400 1.84 Roll-Off Container. A metal container with a capacity of ten (10) or more cubic yards that 401 is normally loaded onto a specialized Collection Vehicle and transported to an appropriate facility. 402 1.85 SB 1383. “SB 1383” means State of California Senate Bill 1383, which mandates a fifty 403 (50) percent reduction in disposal of Organic Materials from the 2014 levels by 2020 and seventy-five (75) 404 percent reduction by 2025. Further, SB 1383 requires jurisdictions to implement Edible Food Recovery 405 Programs designed to recover edible food that is currently landfilled by twenty (20) percent by 2025. 406 1.86 Service Area. That area within the city limits of the City of Thousand Oaks designated by 407 City as the Service Area.
408 1.87 Service Recipient. An individual or company receiving SFD Collection Service, Commercial 409 Collection Service, MFD or MXD Collection Service.
410 1.88 Service Unit. SFD Service Units, MFD Service Units, MXD Service Units, City Service Units 411 or Commercial Service Units. Service Unit specifically includes the following:
412 A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll-Off Container(s) 413 for the accumulation and set-out of Solid Waste.
414 B. Commercial Service Unit. All retail, professional, wholesale and industrial facilities, 415 and other commercial enterprises offering goods or services to the public that utilize a Garbage Bin, 416 Cart, Compactor, Roll-Off Container for the accumulation and set-out of Commercial Solid Waste. 417 C. MFD-C Service Unit. Five (5) or greater Dwelling Units in the Service Area utilizing 418 a centralized Cart or Bin, or any combination of MFD Dwelling Units sharing Collection Containers for 419 the accumulation of and set out of Residential Solid Waste.
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420 D. MFD-I Service Unit. Five (5) or greater Dwelling Units in the Service Area each 421 utilizing a Cart, or individual units of MFD/MXD Dwelling Units each served by Carts, for the 422 accumulation and set out of Residential Solid Waste. 423 E. MXD (Mixed-use Development) Service Unit. A mix of Commercial Service Units 424 and five (5) or greater Dwelling Units in the Service Area utilizing any combination of Collection 425 Containers for the accumulation of and set out of Solid Waste. 426 F. SFD Service Unit. Any Single-Family Dwelling Unit in the Service Area utilizing a 427 Cart for the accumulation and set out of Residential Solid Waste. 428 1.89 SFD Collection Service. SFD Garbage Collection Service, SFD Recycling Service, SFD 429 Organic Waste Collection Service, SFD Large Item Collection Service, SFD Used Oil Collection Service 430 and SFD Manure Collection Service.
431 A. SFD Garbage Collection Service. The Collection of Residential Garbage, by 432 Contractor, from SFD Service Units in the Service Area and the delivery of that Residential Garbage to a 433 Disposal Facility.
434 B. SFD Large Item Collection Service. The periodic on-call Collection of Large Items, 435 by Contractor, from SFD Service Units in the Service Area and the delivery of those Large Items to a 436 Disposal Facility, Materials Recovery Facility or other such facility as may be appropriate under the terms 437 of this Agreement. SFD Large Item Collection Service does not include the Collection of Large Items using 438 Roll-Off Containers.
439 C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 440 Contractor, for SFD Service Units in the Service Area, the delivery of those Organic Waste Materials to an 441 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 442 and the disposal of all SFD Organic Waste Processing Residual. 443 D. SFD Recycling Service. The Collection of Recyclable Materials by the Contractor 444 from SFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 445 Recovery Facility and the processing and marketing of those Recyclable Materials. 446 1.90 Single-family Dwelling or SFD. “Single-family/duplex dwelling” or “SFD” means a single 447 detached dwelling unit, and/or a duplex structure of two (2) single attached dwelling units, each designed 448 for use by one bona fide housekeeping group.
449 1.91 Sludge. The accumulated solids, residues, and precipitates generated as a result of waste 450 treatment or processing, including wastewater treatment, water supply treatment, or operation of an air 451 pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or 452 similar disposal appurtenances or any other such waste having similar characteristics or effects. 453 1.92 Solid Waste. “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and 454 liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 455 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 456 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable 457 or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in AR000695
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458 California Public Resources Code Section 40191(a)(b), as amended from time to time, and includes Brown 459 Goods, Commercial Solid Waste, Construction and Demolition Debris, Food Waste, Garbage, Green 460 Waste, Large Green Waste, Large Items, Organic Waste, Recyclable Materials, White Goods. 461 1.93 Solid Waste Management Fee. Administrative costs of managing the City’s solid waste 462 program paid for by Contractor.
463 1.94 Source separated. “Source separated” means the segregation, by the waste generator, of 464 materials designated for separate collection for some form of materials recovery or special handling. 465 1.95 Split-bin. A single Collection Container divided into two separate compartments, with 466 individual lids for each compartment, to allow for separation of two waste streams. 467 1.96 SRRE (Source Reduction and Recycling Element). A formal planning document prepared 468 and adopted by a California jurisdiction, and submitted to the California Department of Resources 469 Recycling and Recovery (CalRecycle), that demonstrates how the jurisdiction will comply with the 470 California Integrated Waste Management Acts (AB 939) diversion goals. The jurisdiction’s SRRE must 471 include specific components, as defined in Public Resources Code sections 41003 and 41303. 472 1.97 Limited Franchise Agreement. Formerly “Non-exclusive Franchise Agreement”, a separate 473 agreement with the City which permits a contractor on a non-exclusive basis to provide for service to 474 collect solid waste, organics, construction and demolition debris, and/or recyclable materials on a 475 temporary basis.
476 1.98 Term. “Term” means the time period or duration of an Exclusive Franchise or Limited 477 Franchise or Permit.
478 1.99 Transfer station. “Transfer station” means those facilities utilized to receive Solid Waste, 479 and temporarily store and transfer such waste directly from smaller to larger vehicles for transport 480 1.100 Unicycling. A method of separating trash and recyclable materials in a single Collection 481 Container. Trash materials are collected in bags and deposited into the Collection Container and 482 recyclable materials are deposited into the Collection Container loose and unbagged. 483 1.101 Universal Waste or U-Waste. E-Waste, dry-cell batteries, non-empty aerosol cans, 484 fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury containing equipment. 485 1.102 Waste. “Waste” means the useless, unused, unwanted or discarded material and debris 486 resulting from normal residential and commercial activity or materials which, by their presence, may 487 injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity 488 thereof.
489 1.103 Waste diversion. “Waste diversion” means to divert Solid Waste, in accordance with all 490 applicable Federal, State, and local requirements, from disposal at landfills or transformation facilities 491 through source reduction, composting or recycling.
492 1.104 Waste generator. “Waste generator” means any person, as defined by the most current 493 version of the Public Resources Code, whose act or process produces solid waste as defined in that same 494 code, or whose act first causes solid waste to become subject to regulation.
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495 1.105 Waste Reporting System (WRS). An online/digital data system designated by the City for 496 recording and documenting outreach, customer service, site visits, weights and volumes by waste stream, 497 and field issues for compliance, customer service, and reporting purposes. 498 1.106 White goods. “White goods” means enamel-coated major appliances, such as washing 499 machines, clothes dryers, hot water heaters, stoves, and refrigerators. 500 1.107 Work Day. Any day, Monday through Saturday, that is not a holiday as set forth in Article 501 3.07 of this Agreement.
502 1.108 Wood waste. “Wood waste” means Solid Waste consisting of stumps, large branches, tree 503 trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 504 products, harvesting, processing or storage of raw wood materials, or construction and demolition 505 activities.
506 Article 2. Term of Agreement
507 2.01 Initial Term. The initial term of this Agreement will be for fifteen (15) year period beginning 508 January 1, 2022 and terminating on December 31, 2036. 509 2.02 Extension of Term. Contractor may request up to two, five (5) year term extensions to the 510 Initial Term, and at City’s sole option, City may grant Contractor’s request to extend the term. Under no 511 circumstances will City be obligated to extend the term. Contractor must request the first five (5) year 512 extension by December 31, 2034 in order to be eligible for the first term extension, and the second by 513 December 31, 2039 in order to be eligible for the second term extension. 514 2.03 Performance Review Prior to Five (5) Year Extension. A billing audit and performance 515 review shall be conducted two years prior to the end of the Initial Term (i.e. during 2034, and to be 516 completed by December 31, 2034) as described in Section 15.02. The cost of the review shall be paid as 517 specified in that Section. In order to be eligible for an Extension of the Term of the Agreement under Section 518 2.02, Contractor must meet billing and performance standards to the satisfaction of the City. In the event 519 Contractor fails to meet the minimum service and diversion requirements set forth in Section 5.01, this 520 Agreement will terminate on December 31, 2036 as set forth in Section 2.01 of this Agreement. 521 Article 3. Conditions Governing Services Provided by Contractor 522 3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 523 conditions set forth herein, the Exclusive Franchise, right and privilege to collect, remove and dispose of, in 524 a lawful manner, Solid Waste, Recyclable Materials, and Organic Materials accumulating in the City’s 525 Service Area that are required to be accumulated and offered for collection to the Contractor in accordance 526 with the City’s Municipal Code, for the Term of and within the scope set forth in this Agreement. 527 3.02 Grant of Limited Franchise Waste Hauling Agreement. City also hereby grants to 528 Contractor the right to enter into, without a separate application, a Limited Franchise Waste Hauling 529 Agreement with the City, subject to the terms and conditions set forth in that agreement, which provides the 530 right and privilege to collect, remove and dispose of, in a lawful manner, Solid Waste, Recyclable Materials, 531 and Organic Materials on a temporary basis. The right to an award of a Limited Franchise Waste Hauling AR000697
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532 Agreement without a separate application shall continue for the term of the Exclusive Agreement provided 533 that its conditions, and those of the Exclusive Agreement herein, are met. 534 3.03 Recyclable Materials Organic Waste, and Bulky Waste Discarded by Service Recipients. 535 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving 536 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either 537 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with 538 other Solid Waste; and (2) the seller/donor may not pay the buyer/donee any consideration for collecting, 539 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price 540 for collection, disposal and/or recycling services for any form of un-segregated or segregated Solid Waste 541 is not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify 542 for this exception. However, once the Recyclable Materials or Organic Waste have been placed in the 543 Collection Container and the Container set out for Collection, the Recyclable Materials or Organic waste 544 become the property of Contractor.
545 3.04 Exclusions to Exclusivity.
546 3.04.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to collect and 547 process for diversion specialized materials, including, but not limited to, organics, metals, construction and 548 demolition debris, laboratory waste, pallets and others, and which a third party is able to re-use or recycle, 549 Service Recipients shall have the right to engage the third-party recycler to collect and recycle those source550 separated Recyclable Materials provided that the diversion is verified by the City and the third party obtains 551 a City recycling permit.
552 3.04.2 Recyclable Materials Sold By Commercial Generator. If the waste generator at a 553 Commercial Service Unit has source separated Recyclable Material, the generator is entitled to sell that 554 Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to the 555 generator, when such collector is permitted as appropriate under the City Municipal Code. 556 3.04.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain 557 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 558 are source-separated and used as animal feed, are exempted from this Exclusive Franchise Agreement. 559 Entities requesting exemption must apply to the City and be any of the following: registered pursuant to 560 Section 110460 of the Health and Safety Code, or be exempted from registration pursuant to Section 110480 561 of the Health and Safety Code, or be a beer manufacturer as defined in Section 23012 of the Business and 562 Professions Code, or a distilled spirits manufacturer, as defined in Section 23015 of the Business and 563 Professions Code.
564 3.04.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Large Items which 565 is source separated at any premises by the waste generator and donated to youth, civic or charitable 566 organizations qualified as such pursuant to Federal law. 567 3.04.5 Gardening or Landscape Services. Green Waste removed from a premises by a 568 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 569 company rather than as a hauling service;
570 3.04.6 Temporary Services. Temporary Collection services for Solid Waste and 571 Construction and Demolition Debris is covered under the City’s Limited Franchise Agreement and Contractor AR000698
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572 must abide by terms of that agreement for collection and processing and diversion of Construction and 573 Demolition Debris.
574 3.05 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 575 and collection of payments for Collection Services within the Service Area. 576 3.06 Contractor’s Payments to City.
577 3.06.1 Reimbursement for the Cost of Procurement Process. Contractor shall reimburse 578 the City for the cost of the Franchise Agreement solicitation, evaluation and award process up to but no 579 more than One Hundred and Fifty Thousand Dollars ($150,000). This one-time payment is due within thirty 580 (30) days of the Effective Date of the Agreement.
581 3.06.2 Solid Waste Management Fee. In consideration of the administrative costs of 582 managing the City’s solid waste program, Contractor shall pay City a Solid Waste Management Fee as a 583 percent of the Gross Revenue received by the Contractor from Franchise services provided in the City 584 pursuant to this Agreement. The City Council may adjust the Solid Waste Management Fee by resolution, 585 in which case Contractor shall be entitled to a rate adjustment as a City-directed change in accordance with 586 Section 28.01. The Solid Waste Management Fee for the Agreement Year and thereafter shall be eight-and587 one-quarter (8.25) percent of Gross Revenue from Commercial, MFD-C, and MXD Service Recipients and 588 ten-and-one-quarter (10.25) percent of Gross Revenue from SFD and MFD-I Service Recipients. 589 3.06.3 Franchise Fee. In consideration of the Exclusive Franchise provided for in Section 590 3.01 of this Agreement, Contractor shall pay the City a Franchise Fee as a percent of the Gross Revenue 591 received by the Contractor from Franchise services provided in the City pursuant to this Agreement. The 592 Franchise Fee shall reflect a reasonable estimate of the value of the franchise and shall be established and 593 adjusted as necessary by City Council by resolution. If adjusted during the term of this Agreement, 594 Contractor shall be entitled to a rate adjustment as a City-directed change in accordance with Section 28.01. 595 The Franchise Fee for the Agreement Year and thereafter shall be nine (9) percent of Gross Revenue. 596 3.06.4 Reimbursement for the Annual Subscription Cost for Waste Reporting System. 597 Contractor shall reimburse City annually for cost of subscription to Waste Reporting System software 598 services, not-to-exceed $25,000 per year annually adjusted for CPI. Payment is due within thirty (30) days 599 of receipt of invoice.
600 3.06.5 Community Program Support. Contractor shall provide support to City schools and 601 the community in the amount of $200,000 per year for life of the Agreement, including any extension of the 602 Term in accordance with Section 2.02.
603 3.06.6 Time and Method of Payment; Late Fees. Solid Waste Management Fees and 604 Franchise Fees shall be computed and paid based on Gross Revenue received each calendar month for 605 services rendered. Contractor shall prepare and mail such remittance on a quarterly basis to the Finance 606 Director, and such remittance must be hand-delivered or postmarked no later than the last business day of 607 the month following the end of each quarter. For hand-delivered remittance, the Contractor must request 608 and receive a receipt or time stamp with the exact date remittance is received by the City Finance Director 609 or designee.
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610 3.06.7 The remittance will be accompanied by a report, prepared in a format acceptable 611 to City Manager or designee, setting forth the basis, and calculations used for computing the amount due. 612 The figures used shall be taken from the general books of account of the Contractor. All supporting 613 documentation must be retained by the Contractor in accordance with the records retention requirements in 614 Section 45.01.
615 3.06.8 If the Contractor fees to the City are not paid by the date set by this Agreement, 616 then in addition to the fees, the Contractor shall pay a penalty as specified in Exhibit 9, except to the extent 617 that such lateness is due to extenuating circumstances. 618 3.06.9 In addition, the Contractor shall pay interest on all unpaid fees at the rate of six (6) 619 percent per annum or the prime (lending) rate, whichever is higher but not to exceed the legal rate, from the 620 date the fees were due and payable to the date actually paid. 621 3.06.10 If the delay is due to extenuating circumstances, Contractor must request approval 622 in writing from the City Manager or designee at least five (5) business days prior to the date on which fees 623 and reports are due. City shall contact Contractor within three (3) business days of receiving request for 624 submission delay as to whether delay shall be permitted. 625 3.06.11 Taxes and Utility Charges. The Contractor shall pay all Taxes lawfully levied or 626 assessed upon or in respect of the Operating Assets or the Franchise Services, or upon any part thereof of 627 upon any revenues necessary for the operation of the Operating Assets and the provision of the Franchise 628 Services, when the same shall become due.
629 3.06.12 Disputes. In the event of any disputes between the Contractor and the City with 630 respect to the fees described in Section 3, the City shall provide the Contractor with written objection within 631 180 days of the receipt of the report described in Section 3.06.7, indicating the position of the report that is 632 disputed and providing all reason then known to the City for its objection to or disagreement with such 633 amount. If any such amount is adjusted in the City’s favor pursuant to agreement, mediation, legal 634 proceeding, or otherwise, the Contractor shall pay the amount of such adjustment to the City, with interest 635 thereof at the Overdue Rate from the date such disputed amount was due the City to date of payment in full 636 of such amount. Nothing contained in this subsection shall limit the authority of any authorized office of the 637 City or any other governmental agency to raise a further objection to any amount billed by the Contractor 638 pursuant to an audit conducted pursuant to Applicable Law. If the Contractor prevails in the dispute, the 639 Contractor shall have the right to recover from the City its reasonable costs incurred in connection with the 640 dispute resolution procedure.
641 3.07 Service Standards. Contractor must perform all Collection Services under this Agreement 642 in a thorough and professional manner as described in Section 23, while meeting the minimum performance 643 and diversion standards listed in Section 15 according to the Sustainability and Compliance Plan (Exhibit 644 12) developed by the Contractor and approved by the City. 645 3.08 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 646 facilities, and personnel supervision required for the performance of Contractor’s obligations under this 647 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor’s 648 obligations under this Agreement. No compensation for Contractor’s services or for Contractor’s supply of AR000700
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649 labor, equipment, tools, facilities or supervision will be provided or paid to Contractor by City or by any 650 Service Recipient except as expressly provided by this Agreement. 651 3.09 Holiday Service. The City observes New Year’s Day, Memorial Day, Independence Day, 652 Labor Day, Thanksgiving Day, and Christmas Day as legal holidays. Contractor is not required to provide 653 Collection Services or maintain office hours on the designated holidays. In any week in which one of these 654 holidays falls on a Work Day, SFD Collection Services for the holiday and each Work Day thereafter will be 655 delayed one Work Day for the remainder of the week with normally scheduled Friday SFD Collection 656 Services being performed on Saturday. Commercial Collection Services will be adjusted as set forth in Article 657 8 but must meet the minimum frequency requirements of one (1) time per week. Collection Services will not 658 take place on Sundays.
659 3.10 Inspections. The City has the right to inspect Contractor’s facilities or Collection Vehicles 660 and their contents used to provide services pursuant to this Agreement at any reasonable time while 661 operating inside or outside the City.
662 3.11 Commingling of Materials.
663 3.11.1 SFD Materials Collected in Thousand Oaks. Contractor may not at any time 664 commingle any SFD materials Collected pursuant to this Agreement with any other material Collected by 665 Contractor inside or outside the City of Thousand Oaks without the express prior written authorization of the 666 Agreement Administrator.
667 3.11.2 Commercial Materials Collected in Thousand Oaks. Contractor may commingle 668 Commercial materials collected pursuant to this Agreement with other materials collected outside the City 669 of Thousand Oaks, provided that Contractor tracks the tonnage of Commercial material collected inside the 670 City of Thousand Oaks separately using a City-approved allocation methodology. Changes to the allocation 671 methodology may only be made with the express prior written authorization of the Agreement Administrator. 672 3.11.3 Recyclable Materials. Subject to Sections 7.07.2 and 8.03.4, Contractor may not 673 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with 674 any other material type Collected by Contractor without the express prior written authorization of the 675 Agreement Administrator.
676 3.11.4 Organic Waste. Subject to Sections 7.08.4 and 8.04.5, Contractor may not at any 677 time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with any other 678 material type Collected by Contractor, without the express prior written authorization of the Agreement 679 Administrator.
680 3.11.5 Commingled Garbage and Recyclables. Only in special circumstances in which 681 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 682 authorization of the Agreement Administrator, Contractor will Collect Commercial Garbage and Recyclable 683 Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing 684 Recyclable Materials for diversion.
685 3.12 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service 686 Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the minimum 687 bundled service requirements as necessary, that matches their unique service needs to reduce AR000701
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688 contamination of Recyclable Materials and Organic Waste, and provide service at least cost to Service 689 Recipient. To support City’s diversion goals and Contractor’s Diversion Requirements as set forth in Article 690 5.01, Contractor is only required to collect and process Recyclable Materials if they have been separated by 691 the Service Recipient from Garbage and Organic Waste and is only be required to collect Organic Waste if 692 it has been separated by the Service Recipient from Garbage and Recyclable Materials. 693 3.12.1 As part of Contractor’s Public Education Services under Article 18.01, Contractor 694 has agreed to provide outreach and support to Service Recipients as described in the Contractor’s 695 Sustainability and Compliance Plan provided as Exhibit 12. Additionally, Contractor’s route collection 696 personnel will report to Contractor’s supervisors if they observe potential contamination problems, and/or 697 insufficient collection capacity. For purposes of determining if Recyclable Materials or Organic Waste are 698 deemed to be contaminated, if, by visual or digital inspection, Recyclable Materials are commingled with ten 699 percent (10%) by weight or volume of Garbage or Organic Waste, or if, by visual inspection, Organic Waste 700 is commingled with three percent (3%) by volume of Garbage or Recyclable Materials, then Recyclable 701 Materials and/or Organic Waste will be deemed to be contaminated and Contractor may take the following 702 steps:
703 3.12.2 Violations by SFD Service Recipients.
704 1. First and Second Occurrence. For the first and second occurrence within 705 any one Calendar Year of contamination for a particular container (i.e., Recyclable Materials or Organic 706 Waste), Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination 707 Violation Notice to the contaminated container which contains instructions on the proper procedures for 708 sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, 709 e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of excess 710 contamination, the Service Recipient may be charged a contamination fee for the contaminated container, 711 and Contractor may increase the Collection Container size, or require an additional Collection Container. 712 Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person 713 (which may be a container tag) to ensure that they have the appropriate level of service for proper collection 714 of Recyclable Materials and/or Organic Waste. Contractor must also document the contamination issue in 715 the Waste Reporting System provide digital/visual documentation to the Service Recipient that clearly 716 documents the Service Recipient’s on-going contamination problems. 717 2. Third and Subsequent Occurrence. For the third or subsequent 718 occurrence within any one Calendar Year of contamination for a particular container (i.e., Recyclable 719 Materials or Organic Waste), Contractor must collect the contaminated Container (as Solid Waste) and must 720 charge the Service Recipient a contamination fee as set forth in Exhibit 1. Contractor must continue providing 721 the Recyclable Materials or Organic Waste Collection Services. Contractor must provide (or have provided) 722 digital/photographic documentation to the Service Recipient that clearly documents the Service Recipient’s 723 on-going contamination problems and written Notices of contamination as described above. Contractor may 724 increase the Container size or collection frequency and impose a contamination surcharge on the account 725 for a period of six months or until the Service Recipient has demonstrated no contamination for a period of 726 three consecutive months. Contractor must document contamination issue and surcharge in Waste 727 Reporting System and notify City within five (5) Business Days if Contractor increases the Container size or 728 collection frequency for excessive contamination or imposes the contamination surcharge to the account.
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729 City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against 730 offending Service Recipients in order to secure discontinuance of the contamination. 731 3.12.3 Violations by Commercial and MFD/MXD Service Recipients. The following 732 provisions will apply to all Commercial and MFD/MXD Service Recipients except those eligible for temporary 733 treatment pursuant to Section 3.09.3.
734 1. First and Second Occurrence. For the first and second occurrences within 735 any one Calendar Year of contamination for a particular container (i.e., Recyclable Materials or Organic 736 Waste), Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination 737 Violation Notice to the contaminated container which contains instructions on the proper procedures for 738 sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, 739 e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of 740 contamination, the Service Recipient will be charged a contamination fee for the contaminated container, 741 and Contractor may increase the Container size, require locking Bins, increase collection frequency, and 742 impose a contamination surcharge on the account for a period of six months or until the Service Recipient 743 has demonstrated no contamination for a period of three consecutive months. Contractor’s representative 744 must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person (which may be a container 745 tag) to ensure that they have the appropriate level of service for proper collection of Recyclable Materials 746 and/or Organic Waste. Contractor must also provide digital/visual documentation to the Service Recipient 747 that clearly documents the Service Recipient’s contamination problem and document in the Waste Reporting 748 System.
749 2. Third and Subsequent Occurrence. For the third and subsequent 750 occurrence within any one Calendar Year of contamination for a particular container (i.e., Recyclable 751 Materials or Organic Waste), Contractor will provide a Contamination Violation Notice that contains 752 instructions on the proper procedures for setting out Recyclable Materials or Organic Waste, and Contractor 753 must collect the contaminated Container (as Solid Waste) and will charge the Service Recipient a 754 contamination fee as set forth in Exhibit 1. For any contamination fee charge being assessed, Contractor 755 must provide digital/visual documentation to the Service Recipient that clearly documents the Service 756 Recipient’s on-going contamination problems. Contractor may increase the Container size, require locking 757 Bins, or increase collection frequency, and impose a contamination surcharge on the account for a period 758 of six months or until the Service Recipient has demonstrated no contamination for a period of three 759 consecutive months. Contractor must document contamination issue and surcharge in the Waste Reporting 760 System and notify City within five (5) Business Days if Contractor increases the Container size, require 761 locking Bins, increase collection frequency for excessive contamination, or imposes the contamination 762 surcharge to the account. City will consider, and pursue as applicable, appropriate legal remedies against 763 offending Service Recipients in order to secure discontinuance of the contamination 764 3.12.4 Tracking Occurrences of Contamination. Regarding Articles 3.12.2 – 3.12.3, each 765 Contamination occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar 766 Year if contamination occurrences are not active and consecutive. Where contamination is occurring, and 767 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy 768 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three 769 consecutive months the tracking calendar will reset.
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770 3.12.5 Disputes Over Excess Contamination Charges. If Service Recipient disputes a 771 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily 772 halt any contamination charge and/or increased Maximum Service Rate resulting from increasing the 773 Collection Container size, or collection frequency, and Contractor may request a ruling by the City Manager 774 to resolve the dispute. During the pendency of any request, Contractor may restore Container size or 775 number, or collection frequency to the prior levels. A request by Contractor to the City Manager to rule on 776 any such dispute must be filed within ten (10) Business Days of Contractor’s halting of contamination charge, 777 or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 778 overall problems. The City Manager may request a meeting (in person or phone) with both the Service 779 Recipient and Contactor to resolve the dispute. Following such a meeting, the City Manager will rule on the 780 dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between 781 and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will 782 credit the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in 783 favor of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or 784 increased Maximum Service Rate resulting from increasing the Collection Container size or collection 785 frequency and may follow the steps in Article 4.04 for collection of delinquent accounts. 786 3.13 Container Overage and Correction Procedures. If a Customer is found to habitually 787 overflow their Collection Container(s), i.e. lid will not close, Contractor may take the steps as listed below to 788 correct Customers’ on-going overflow of material.
789 Customers receiving Residential, Commercial or Multi-Family services will be notified of Collection 790 overages. The process for customer overages, is as follows:
791 3.13.1 Garbage Overage and Correction Procedures.
792 1. Contractor shall provide the Service Recipients the correct combination of 793 Collection Containers and collection frequency that matches each Service Recipient’s unique service needs 794 to enable clean, efficient, and cost-effective collection of Solid Waste, Recyclable Materials, and Organic 795 Waste. City and Contractor agree that overflow of Solid Waste that is not properly in the Service Recipient’s 796 Solid Waste Collection Containers may negatively impact public health and safety. Contractor has also 797 agreed to conduct recycling audits and provide outreach and support to Service Recipient accounts receiving 798 the correct service level. However, if Service Recipients are found to habitually overflow their Solid Waste 799 Collection Containers, Contractor may take the steps as listed below to correct Service Recipient’s on-going 800 overflow of Solid Waste.
801 2. Prior Arrangements For Collection. If the Service Recipient has made prior 802 arrangements with Contractor for collection of Solid Waste Overages, Contractor must collect such overages 803 as arranged, and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate 804 set forth in Exhibit 1.
805 3. No Prior Arrangements. If the Service Recipient has not made prior 806 arrangements with Contractor for collection of Solid Waste Overage, (i) Contractor may collect such Solid 807 Waste Overage at no additional charge as a courtesy, (ii) Contractor may not collect the Solid Waste 808 Overage and leave a Non-Collection Notice explaining the reason for non-collection of the Solid Waste 809 Overage, (iii) Contractor may collect the Solid Waste Overage (up to two lifts) and charge the Service AR000704
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810 Recipient the Solid Waste Overage fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, 811 or increase the capacity or frequency of collection of the existing Collection Container(s) to match 812 documented service needs as provided below. In managing Solid Waste Overages, the following apply:
813 3.13.2 SFD Service Recipients.
814 1. Each Occurrence. For each occurrence Contractor will not collect the Solid 815 Waste Overage if the Collection Container could not be serviced by normal operating procedures or cause 816 spillage upon servicing and Contractor must provide the following written notice via e-mail, U.S. mail, or in 817 person (which may be by Non-Collection Notice) to the Service Recipient: (i) the date, description and 818 photograph of the Solid Waste Overage and document in the Waste Reporting System. Contractor’s Non819 Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to schedule a Large 820 Item Collection or (b) request an additional Collection Container to eliminate future Overages. 821 3.13.3 Commercial and MFD/MXD Service Recipients.
822 1. Each Occurrence. Contractor must provide a written notice on the 823 Container and may provide a copy of the notice via e-mail, U.S. mail, or in person (which may be by Non824 Collection Notice) to the Service Recipient with the date, description and photograph of the Solid Waste 825 Overage. Contractor may collect the Solid Waste Overage and may charge the Service Recipient a Solid 826 Waste Overage fee as set forth in Exhibit 1, and increase the capacity, or collection frequency of the 827 Collection Container to match documented service needs. At least ten (10) Business Days prior to increasing 828 the Collection Container size, or frequency of Collection, Contractor’s representative must also contact the 829 Service Recipient by phone, U.S. mail, e-mail or in person (which may be by Non-Collection Notice) to 830 ensure that Service Recipient has the appropriate level of service. Contractor must document overage issue 831 in the Waste Reporting System and notify City within ten (10) Business Days of any changes in Service 832 Recipient’s Collection Container size or collection frequency. The increased capacity or collection frequency 833 will remain in effect until Contractor determines that it is no longer needed to prevent overages, which may 834 be longer than the one Calendar Year stated above. Such determination will be in Contractor’s sole but 835 reasonable discretion and will be subject to the dispute resolution procedure set forth below. City will 836 consider, and pursue as applicable, appropriate legal remedies against offending Service Recipients in order 837 to secure discontinuance of the overages.
838 3.13.4 Tracking Occurrences of Solid Waste Overage. Regarding Articles 3.13.1 – 3.13.3, 839 after twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next 840 Solid Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence. 841 3.13.5 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid 842 Waste Overage charge or container size or collection frequency change within 30 days of the disputed 843 action, Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service 844 Rate resulting from increasing the Collection Container size or collection frequency, and Contractor may 845 request a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor 846 may restore Container size or number, or collection frequency, to the prior levels. A request by Contractor 847 to the City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s 848 halting of Solid Waste Overage charge, or increased Maximum Rate, and must include written 849 documentation and digital/visual evidence of ongoing overall problems. The City Manager may request a AR000705
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850 meeting (in person or phone) with both the Service Recipient and Contractor to resolve the dispute. 851 Following such a meeting, the City Manager will rule on the dispute within ten (10) Business Days, and the 852 City Manager’s decision on resolving the dispute between and Service Recipient will be final. If the City 853 Manager rules in favor of the Service Recipient, Contractor must credit the disputed charge or increased 854 Maximum Service Rate. If the City Manager rules in favor of Contractor, Contractor may charge Service 855 Recipient the prior halted Solid Waste Overage charge and/or increased Maximum Service Rate resulting 856 from increasing the Solid Waste Collection Container size or collection frequency and may follow the steps 857 in Article 4.04 for collection of delinquent accounts. 858 3.14 Ownership of Materials. Except as provided otherwise under Applicable Law, title to 859 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to 860 Contractor at such time as said materials are set out for Collection. 861 3.15 Spillage and Litter. Contractor may not litter premises in the process of providing Collection 862 Services or while its vehicles are on the road. Contractor must transport all materials Collected under the 863 terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from 864 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Collection 865 Services so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable 866 Materials, or Organic Materials and must immediately, at the time of occurrence, clean up such spilled or 867 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 868 3.15.1 Except as provided in Article 8.02.3, Contractor is not responsible for cleaning up 869 sanitary conditions caused by the carelessness of the Service Recipient; however, Contractor must clean 870 up any material or residue that is spilled or scattered by Contractor or its employees. 871 3.15.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 872 from Contractor’s operations or equipment repair must be covered immediately with an absorptive material 873 and removed from the street surface. Contractor must document spillage in the Waste Reporting System 874 and notify City’s stormwater compliance coordinator within two (2) hours of any spills resulting from 875 Contractor’s operations or equipment. When necessary, Contractor must apply a suitable cleaning agent 876 and cleaning technique to the street surface to provide adequate cleaning as approved by the City’s 877 stormwater compliance coordinator to be compliant with the City’s stormwater permit. 878 3.15.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 879 litter caused by Contractor within two (2) hours upon notice from the City. If City deems necessary, 880 Contractor must engage third-party environmental clean-up specialist to remove any equipment oil, hydraulic 881 fluids, or any other liquid or debris that remains on street after Contractor’s own clean-up efforts. If clean-up 882 is not conducted to satisfaction of City, City has right to engage environmental clean-up specialist to perform 883 additional clean-up work at the expense of Contractor. 884 3.15.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 885 any physical damage in excess of a simple cosmetic stain caused by the spill), Contractor shall be 886 responsible for all repairs to return the street to the same condition as that prior to the spill. Contractor shall 887 be responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a 888 manner satisfactory to the City and at no cost to the City.
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889 3.15.5 To facilitate immediate cleanup, Contractor’s vehicles must always carry sufficient 890 quantities of petroleum absorbent materials along with a broom and shovel. 891 3.16 Green and Organic Waste Capacity. Contractor shall guarantee capacity for all City Green 892 and Organic Waste collected by Contractor for the term of the Agreement using a facility listed in Exhibit 893 13.
894 3.17 Regulations and Record Keeping. Contractor must comply with emergency notification 895 procedures required by applicable laws and regulatory requirements. All records required by regulations 896 must be maintained at Contractor’s facility. These records must include waste manifests, waste inventories, 897 waste characterization records, inspection records, incident reports, and training records. 898 3.18 Simi Valley Landfill Agreement. The City is party to that certain Waste Disposal Agreement 899 dated July 27, 1999 between the City and Waste Management of California, Inc. (“Landfill Agreement”) 900 permitting the City and its franchise haulers to dispose Solid Waste at the Simi Valley Landfill & Recycling 901 Center located in Simi Valley, California (“Simi Valley Landfill”). City shall take all actions necessary to 902 enforce or exercise the expressed and implied rights, remedies and benefits conferred to City and 903 Contractor under the Landfill Agreement, including but not limited to the right of Contractor to pay the lowest 904 permissible Tipping Fee under the Landfill Agreement, if Contractor elects to dispose Solid Waste at the 905 Simi Valley Landfill. Contractor shall provide reasonable assistance to City to apply for and secure the 906 lowest permissible Tipping Fee under the Landfill Agreement. For the purposes of this provision, “Tipping 907 Fee” shall mean the per-ton rate for the acceptance and disposal of Solid Waste charged by Waste 908 Management of California, Inc. or its affiliates, successors, or assigns to Contractor, pursuant to the terms 909 and conditions of Section 4.1 of the Landfill Agreement. 910 Article 4. Billing, Charges and Rates
911 4.01 Collection Services. Contractor is responsible for the billing and collection of payments for 912 all Collection Services. Contractor must charge Service Recipients the Maximum Service Rates established 913 in Exhibit 1 and such rates may be adjusted under this Agreement. 914 4.02 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 915 Contractor’s Service Area, Contractor’s Billing will be pro-rated based on the weekly service rate (i.e. the 916 service rate established in Exhibit 1 divided by four (4) times the number of actual weeks in the month that 917 service was provided to the Service Unit).
918 4.03 Production of Invoices. At the City’s direction, the Contractor shall prepare, mail or 919 electronically transmit, and collect bills (or shall issue written receipts for cash payments) for Franchise 920 services provided by Contractor under this Agreement in advance but no less than six (6) times per year. 921 Billing shall not be permitted more than 15 days prior to the initiation of collection service period. Bills shall 922 not be subject to late notification or charges until 30 days following the closing day of the service period. If 923 made by mail, Billings shall be placed in an envelope at least 22 square inches in size and shall include a 924 return envelope for each billing period. Contractor shall include e-mail address on all billing notices and 925 shall accept payment by check, credit card or ACH debit. Billings shall include sufficient space on the 926 statement to accommodate up to 20 typed characters as specified by the City. City shall have the right to 927 revise the billing format, provided that reasonable notice is given. City may assume billing responsibilities 928 by providing no less than 180 days’ written notice to Contractor. Any direction of the City to undertake billing AR000707
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929 shall constitute a change in scope pursuant to Article 28.01. Where it has been determined that a Service 930 Recipient has overpaid for service for any reason, Contractor must provide the Service Recipient a credit 931 against future invoices or a refund (where the account is closing or as selected by the Service Recipient, 932 and where the refund amount exceeds the lesser of the regular invoicing amount or $200) within thirty (30) 933 days of such determination.
934 4.04 Delinquent Service Accounts. Through the Waste Reporting System, Contractor must 935 report to the Agreement Administrator, monthly, all Service Recipients who have received Collection 936 Service and whose account is over ninety (90) days past due. The provisions of Code Section 6-2.401(C) 937 and Exhibit 1 shall apply to billing generally, including penalties for late payments and collection of 938 delinquent accounts. The Contractor may discontinue service to a Customer who is delinquent in paying 939 for services rendered no earlier than 60 days after the last day of the billing period or that date on which 940 the billing for the service period is delivered to the customer, whichever is later. For this purpose, delivery 941 of the billing shall include the date such billing is deposited by to Contractor into the U.S. Mail or delivered 942 electronically. The Contractor shall notify the Customer and the City Manager or designee in writing of its 943 intent to discontinue service not less than 10 business days before such discontinuation shall occur. 944 4.05 Adjustments to Maximum Service Rates using Consumer Price Index (CPI). Beginning on 945 January 1, 2023, and annually thereafter, Contractor shall, subject to compliance with all provisions of this 946 Section, receive an annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this 947 Agreement.
948 4.05.1 Annual CPI Calculation. The Maximum Service Rate adjustment shall be 949 calculated using the percentage change in the CPI between the base year, which shall be the prior 950 preceding 12-month period ending July 31, and the preceding 12-month period ending July 31. Therefore, 951 the first annual CPI adjustment (effective January 1, 2023) will be based on the percentage change between 952 the CPI for the base year, August 1, 2020 through July 31, 2021 (the prior preceding 12-month period), and 953 the CPI for the period of August 1, 2021 through July 31, 2022 (the preceding 12-month period). 954 4.05.1.1 CPI Financial Information. On or before September 15, 2022, and 955 annually thereafter on September 15 during the Term of this Agreement, Contractor shall deliver to City 956 financial information, including calculated CPI and adjusted rates, for the specific services performed under 957 this Agreement for the preceding Agreement Year. Such financial information shall be in the format as may 958 be mutually agreed on between the City and Contractor. Contractor’s failure to provide the financial 959 information shall not preclude the City from applying the CPI using the prior year’s financial data, or pro 960 forma data if no prior year financial data is available, if that application would result in a negative CPI. If 961 Contractor fails to submit the financial information required by September 15, the City at its sole and 962 reasonable discretion, may consider a late request for the annual CPI rate adjustment provided that 963 Contractor’s late request does not delay the City’s ability to adjust customer rates billed by City the 964 subsequent January 1st.
965 4.05.2 Rounding. Adjustments to the overall Maximum Service Rates shall be made only 966 in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making 967 adjustments. All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations.
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968 4.06 City Approval of Maximum Service Rates. On or before November 1, 2022, and annually 969 thereafter during the term of this Agreement, the City Representative shall notify Contractor of the CPI adjustments to the affected Maximum Service rates to take place on the subsequent January 1st 970 . City shall 971 take action on any changes in the Maximum Service Rates in accordance with the City’s Municipal Code. 972 4.07 Contractor payment for CPI review. Contractor shall be responsible for paying the cost of 973 reviewing or correcting the annual CPI adjustment if the City determines that Contractor has made 974 substantial errors and has not properly submitted or correctly calculated the CPI adjustment. 975 4.08 Annual Rate Cap on Maximum Service Rates. In any Calendar year that the calculation of 976 the CPI exceeds four percent (4.00%) or is between zero and one percent (1.00%), the total adjustment for 977 that year will equal four percent (4.0%) or one percent (1.0%), respectively, and no rollover amount will be 978 added to or subtracted from the rate adjustment percentage in the following year, or any subsequent year. 979 If the CPI is negative there will be no CPI adjustment for that year. 980 4.09 Extraordinary Adjustment to Maximum Service Rates. 981 4.09.1 If a Material Change in Law occurs after the date hereof, then CITY and 982 CONTRACTOR shall negotiate in good faith a reasonable and appropriate adjustment to Maximum Service 983 Rates sufficient to offset CONTRACTOR’s increased allowable costs of operation or reduced Gross Billings 984 resulting from the Material Change in Law. As an exception to the preceding sentence, CONTRACTOR 985 shall not be entitled to an adjustment in Maximum Service Rates with respect to the first 0.5% of annual 986 revenue in increased costs or decreased revenues incurred by CONTRACTOR resulting from the Material 987 Change in Law.
988 4.09.2 The Parties may negotiate and agree on the amount of any Maximum Service Rate 989 adjustment pursuant to this Section 4.09 without a detailed rate review. CONTRACTOR shall bear the 990 burden of justifying to CITY any adjustment due to a Material Change in Law and shall bear its own costs 991 of preparing its request for an adjustment and supporting documentation. CITY may request from 992 CONTRACTOR such further information as it reasonably deems necessary to fully evaluate 993 CONTRACTOR’S request and make its determination whether CONTRACTOR has satisfied its burden, 994 which determination shall not be unreasonably withheld. CITY shall notify CONTRACTOR of its 995 determination within ninety (90) calendar days of receipt of the written request and all other additional 996 information reasonably requested by CITY. Any such change will be implemented on the following January 997 1st, or within any other time frame agreed upon between CITY and CONTRACTOR. The adjustment in 998 Maximum Service Rates shall be approved by the City Council and memorialized in a written amendment 999 to this Agreement.
1000 4.10 Performance Standards for Adjustments to Rates. To be eligible for a CPI adjustment 1001 under Article 4.06 or an extraordinary adjustment under Article 4.10, Contractor must cure any material 1002 default under Article 23 of this Agreement for which City has provided notice to Contractor. 1003 4.11 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1004 operation of Applicable Law to approve or implement a rate increase under this Article 4, or some or all of 1005 the Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, 1006 within thirty (30) days after notice of any such inability to approve or invalidation of an approved rate 1007 increase, to request, in writing, that City negotiate in good faith regarding reductions in programs, services, AR000709
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1008 or fees to compensate for any negative impact from the unapproved or invalidated rate increase. If City fails 1009 to commence negotiations in good faith or negotiations are not completed within forty-five (45) days 1010 following the date of receipt of Contractor’s request, either party may terminate this Agreement no earlier 1011 than one hundred and eighty (180) days after written notice to the other. 1012 Article 5.Diversion Requirements
1013 5.01 Minimum Requirements. City requires Contractor to achieve a minimum annual franchised 1014 diversion rate and CalRecycle diversion standards as described in Article 5.02 and 5.03 below. Contractor 1015 must provide documentation to City within forty-five (45) days of the end of each calendar year stating and 1016 supporting that calendar year's diversion rate as set forth in Section 20.04. 1017 5.01.1 On or about January 1, 2023, and not more often than once every two (2) years, 1018 Contractor may request waiver or revision of Franchised Diversion requirements. The parties agree to meet 1019 and confer, and negotiate in good faith regarding adjustments to the minimum diversion requirement based 1020 on waste characterization data provided by Agreement, trends in source reduction, the availability of 1021 permitted facilities that are capable of processing material to achieve the required levels of diversion, the 1022 availability of commercially viable markets for Recyclable Materials or Organic Waste, transportation 1023 constraints, embargoes, the impact of scavenging, the number and extent of exempt Organic Waste 1024 customers pursuant to Section 3.04.3 (AB 3606), increasing producer responsibility requirements, 1025 restrictions on single-use plastics, and the passage of any other legislation that significantly impacts the 1026 waste stream mix. City may not unreasonably withhold approval of the waiver or revision provided that 1027 Contractor has presented sufficient documentation for its request and the waiver does not result in the 1028 City’s non-compliance with State diversion mandates. 1029 5.01.2 If City fails to comply with CalRecycle diversion standards due to Contractor’s 1030 failure to implement the diversion and public education programs provided for in this Agreement, Contractor 1031 is subject to an Administrative Charge as specified in Exhibit 9 and Contractor must submit a corrective 1032 action plan to assist City to comply with Public Resources Code Section 41780 and other Applicable Laws by March 15th 1033 following the year the diversion requirements were not met. Contractor’s corrective action 1034 plan is subject to approval by the Agreement Administrator, and to be approved, must constitute a good 1035 faith corrective action plan to allow City to comply with Public Resources Code section 41780 and other 1036 Applicable Laws. Implementation of the corrective action plan will be at Contractor’s sole cost and expense. 1037 If Contractor fails to submit or implement a corrective action plan acceptable to the City, Contractor may be 1038 subject to both an Administrative Charge and an Administrative Penalty as specified in Exhibit 9. 1039 5.01.3 If Contractor fails to achieve a minimum annual Franchised Diversion Rate as 1040 described in Section 5.03, Contractor is subject to an Administrative Charge specified in Exhibit 9 and must submit a corrective action plan by March 15th 1041 following the year the diversion requirements were not met. 1042 Contractor’s corrective action plan is subject to approval by the Agreement Administrator, and to be 1043 approved, must constitute a good faith corrective action plan to meet the Franchised Diversion Rate. 1044 Implementation of the corrective action plan will be at Contractor’s sole cost and expense. If Contractor 1045 fails to submit or implement a corrective action plan acceptable to the City, Contractor may be subject to 1046 both an Administrative Charge and an Administrative Penalty as specified in Exhibit 9. Provided that 1047 Contractor has implemented all required Contractor diversion and public education programs required AR000710
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1048 under this Agreement and has submitted and implemented a corrective action plan acceptable to the City, 1049 Contractor’s failure to meet the Franchised Division requirements shall not constitute an event of default 1050 under this Agreement.
1051 5.01.4 If Contractor fails to meet its Franchised Diversion requirements or if City fails to 1052 comply with CalRecycle diversion standards, and Contractor has implemented all required Contractor 1053 diversion programs, the City may direct Contractor to modify its programs or implement new diversion 1054 programs. Any such modification of Contractor’s existing diversion programs or addition of new diversion 1055 programs done at the City’s request would be in accordance with Section 28.01. 1056 5.01.5 Notwithstanding any other provision of this Agreement to the contrary, where 1057 CalRecycle has determined that there are no commercially viable markets for a specific type of Recyclable 1058 Material(s), or with written notice to City, Contractor is unable to identify a market for one or more Recyclable 1059 Material(s) despite the exercise of commercially reasonable efforts to process and market the material, and 1060 determines, in the interest of safeguarding public health, to dispose of the Recyclable Material(s), such a 1061 determination shall not constitute a failure to implement service, a failure to implement a program, or an 1062 event of default hereunder.
1063 5.02 Diversion Rate Calculation.
1064 5.02.1 Franchised Diversion Rate Calculation. For purposes of determining whether 1065 Contractor has met its Franchised Diversion requirements under this Agreement, City and Contractor agree 1066 the annual Franchised Diversion rate will be calculated using the following formula: “the tons of materials 1067 Collected by Contractor from Collection Services in City that are delivered to a Materials Recovery Facility, 1068 Organic Waste Processing Facility, or any other processing facility approved by City, or that are otherwise 1069 handled in a manner that counts as diversion under applicable CalRecycle regulations (in each case, net 1070 of all residue from processing and net of materials processed for diversion but landfilled as a result of 1071 unavailable markets), divided by the total tons of materials Collected in the City by Contractor from the 1072 provision of Collection Services in each Calendar Year.” 1073 5.02.2 CalRecycle Diversion Requirement Calculation. For purpose of determining 1074 whether Contractor has met its CalRecycle diversion requirements under this Agreement, City and 1075 Contractor agree the CalRecycle diversion requirement rate will be calculated using the following formula:
1076 “Disposal Rate = City’s Pounds Per Person Per Day generated disposal divided by two times CalRecycle’s 1077 Target disposal rate for the City (Pounds Per Person Per Day). CalRecycle’s Diversion Rate = 1 – Disposal 1078 Rate.”
1079 5.03 Contractor’s Diversion Requirements. For purposes of Article 5, Contractor’s Franchised 1080 Diversion requirements are:
1081 5.03.1 For Calendar Years 2022, 2023, and 2024, the minimum annual Franchised 1082 Diversion Rate requirement will be fifty percent (50%) and CalRecycle Diversion standards will be fifty-five 1083 percent (55%).
1084 5.03.2 For Calendar Years 2025 and 2026, the minimum annual Franchised Diversion 1085 Rate requirement will be fifty-five percent (55%) and CalRecycle Diversion standards will be sixty-five 1086 percent (65%).
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1087 5.03.3 For Calendar Years 2027 and 2028, the minimum annual Franchised Diversion 1088 rate requirement will be sixty percent (60%) and CalRecycle Diversion standards will be seventy percent 1089 (70%). For Calendar Years 2029, and for each Calendar Year thereafter during the term of this Agreement, 1090 the minimum annual Franchised Diversion rate requirement will be sixty percent (60%) and CalRecycle 1091 Diversion standards will be seventy-five percent (75%). 1092 5.04 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1093 City's waste stream, and that it has the ability to and will provide sufficient programs and services designed 1094 to ensure City will meet or exceed the diversion requirements as set forth in this Article 5, as well as the 1095 diversion requirements of the Applicable Laws (including, without limitation, amounts of Solid Waste to be 1096 diverted, time frames for diversion, and any other requirements) (including AB 939, AB 341, AB 1826, AB 1097 1594, SB 1016, and SB 1383, and all amendments and related subsequent legislation), and that it will do 1098 so without imposing any costs or fees other than those set forth on Exhibit 1, except as provided in Section 1099 28.01.1.
1100 5.05 Mutual Cooperation. City and Contractor will reasonably cooperate in good faith with all 1101 efforts by each other to meet City's diversion and other compliance requirements imposed by AB 939, AB 1102 341, AB 1826, AB 1594, SB 1016, and SB 1383 and other Applicable Laws, and to meet Contractor’s 1103 obligations under this Article 5. In this regard, City's obligations include, without limitation, making such 1104 petitions and applications as may be reasonably requested by Contractor for time extensions in meeting 1105 diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize such 1106 changes to Contractor’s Recycling, Organic Waste, or Solid Waste programs as may be reasonably 1107 requested by Contractor in order to achieve the minimum requirements of this Article 5. 1108 5.06 Guarantee. Except for programs currently required by Applicable Law but not set forth in 1109 this Agreement, or programs Contractor is expressly instructed by City not to implement, or services which 1110 a Service Recipient refuses to accept, Contractor shall implement the diversion programs set forth in this 1111 Agreement such that: (i) Contractor and City will at all times be in compliance with the requirements of the 1112 Applicable Laws applicable to them including specifically AB 939, AB 341, AB 1826, AB 1594, SB 1016, 1113 and SB 1383, and (ii) City will meet or exceed the diversion requirements (including, without limitation, 1114 amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) set forth in 1115 this Article 5 and the Applicable Laws including AB 939, AB 341, AB 1826, AB 1594, SB 1016, and SB 1116 1383, and all amendments thereto (subject to Section 28.01.1). In this regard Contractor agrees that it will, 1117 in addition to any other Agreement requirement, at its sole cost and expense:
1118 5.06.1 Assist City in responding to inquiries from CalRecycle or any other regulatory 1119 agency;
1120 5.06.2 Assist City in preparing for, and participating in, CalRecycle’s biannual review of 1121 City's SRRE pursuant to Public Resources Code section 41825; 1122 5.06.3 Assist City in applying for any extension, including under Public Resources Code 1123 section 41820, if so directed by City;
1124 5.06.4 Assist City in any hearing conducted by CalRecycle, or any other regulatory 1125 agency, relating to City's compliance with the Applicable Laws including AB 939, AB 341, AB 1826, AB 1126 1594, SB 1016, and SB 1383;
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1127 5.06.5 Assist City with the development of and implement a public awareness and 1128 education program that is consistent with City's SRRE and Household Hazardous Waste Element, as well 1129 as any related requirements of the Applicable Laws; 1130 5.06.6 Provide City with Recycling, source reduction, and other technical assistance as 1131 may be needed to comply with the Applicable Laws including AB 939, AB 341, AB 1826, AB 1594, SB 1016, 1132 and SB 1383;
1133 5.06.7 Be responsible for and pay, any fees, penalties or other costs imposed against City 1134 by CalRecycle, and indemnify and hold harmless City from and against any fines, penalties, or other 1135 liabilities, levied against it for violation of the diversion requirements, set forth in the Applicable Laws, 1136 including AB 939, AB 341, AB 1826, AB 1594, SB 1016, and SB 1383, or for violation of any other provision 1137 of the Applicable Laws, arising from or in any way related to Contractor's performance of its obligations 1138 under this Agreement.
1139 Article 6.Service Unit Types
1140 6.01 Service Units. Service Units include all the following categories of premises which are in 1141 the Service Area as of January 1, 2022 and all such premises which may be added to the Service Area by 1142 means of annexation, new construction, or as otherwise set forth in this Agreement during term of this 1143 Agreement:
1144 6.01.1 SFD Service Units. Services are specified in Section 7 below. 1145 6.01.2 MFD and Mixed-use Development (MXD) Service Units. Where individual units 1146 within an MFD are each served by Carts, services are defined under Section 9 (MFD-I Service) below. 1147 Where the MFD complex is served by centralized Collection Containers, service is defined under Section 1148 10 (MFD-C) below. MFX complex service is defined under Section 11. 1149 6.01.3 Commercial Service Units
1150 6.01.4 City Service Units
1151 6.01.5 Any question as to whether a premise falls within one of these categories will be 1152 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1153 final.
1154 6.02 Service Unit Changes. City and Contractor acknowledge that during the term of this 1155 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1156 Service.
1157 6.02.1 Additions and Deletions. Contractor must provide services described in this 1158 Agreement to new Service Units in Contractor’s Service Area within five (5) Work Days of receipt of notice 1159 from City or the new Service Unit to begin such Service. 1160 6.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the 1161 Contractor’s Service Area is acquired by City through annexation, subject to the requirements of Public 1162 Resources Code section 49520, Contractor agrees to provide Collection Services in such annexed area in 1163 accordance with the provisions and Maximum Service Rates set forth in this Agreement. Such Collection AR000713
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1164 Services must begin within five (5) Work Days of receipt of written notice from City. Contractor may not 1165 begin Collection Service without written authorization from City. 1166 6.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1167 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1168 Administrator as requested.
1169 Article 7. SFD Service
1170 7.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1171 Collection Services to all SFD Units in the Service Area including MFD-I. The SFD Services are governed 1172 by the following terms and conditions:
1173 7.01.1 Curb Service. Contractor must provide SFD Collection Service to all SFD Service 1174 Units in the Service Area whose SFD Solid Waste is properly containerized in Garbage Carts, Recyclable 1175 Materials are properly containerized in Recycling Carts, except as set forth in Section 7.03.1; Organic 1176 Wastes are properly containerized in Organic Waste Carts, except as set forth in Sections 7.04.3 and 1177 7.04.4, where the Garbage, Recycling, and Organic Waste carts have been placed within three (3) feet 1178 of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such 1179 location agreed to by Contractor and Service Recipient, that will provide safe and efficient accessibility to 1180 Contractor's Collection crew and vehicle.
1181 7.01.2 Bundled SFD Service. A weekly Bundled SFD Solid Waste Collection Service 1182 system will be utilized with one (1) 64-Gallon Garbage Cart (with the option to downsize to a 32- or upsize 1183 to a 96-Gallon Garbage Cart), one (1) 64-Gallon Recycling Cart (with the option to downsize to upsize to 1184 a 96-Gallon Recycling Cart), and one (1) 96-Gallon Organic Waste Cart as part of the base SFD Solid 1185 Waste Collection Service. Pricing for upsizing or downsizing Carts, and additional Carts, relative to the 1186 base Bundled Service are included in Exhibit 1. SFD Service Recipients may add Green Waste only Bins 1187 to their SFD Service at pricing included in Exhibit 1. The actual configuration of Garbage, Recycling and 1188 Organic Waste Cart sizes shall be at the option of the Service Recipient. 1189 7.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this 1190 Agreement, Contractor must provide Collection of SFD Solid Waste, Recyclable Materials, and Organic 1191 Waste on the SFD Service Recipients premises to an SFD Service Unit as follows. 1192 At no additional cost to the SFD Service Unit:
1193 7.01.3.1 SFD Service Units where all adult Service Recipients residing therein have 1194 disabilities that prevent them from setting their Garbage, Recycling or Organic Waste Cart at the curb for 1195 Collection, and if a request for on-premises service has been made. 1196 7.01.3.2 SFD Service Units where topography, steep driveways, below grade 1197 dwellings, or limited access to public streets that prevents the SFD Service Recipient from setting their 1198 Garbage, Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed 1199 by the Contractor, and if a request for on-premises service has been made. 1200 At an additional cost to the SFD Service Unit:
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1201 7.01.3.3 SFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles 1202 as determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for 1203 the retrieval of Collection Containers from locations with accessibility constraints that make Containers 1204 difficult or impossible to access using regular trash collection trucks. 1205 7.01.3.4 Contractor must offer “push services” to SFD Service Recipients other 1206 than those listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push 1207 services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection 1208 Containers from their storage location for Collection and returning the Collection Containers back to their 1209 storage location.
1210 Contractor must provide on-premises Collection Service on the same Work Day that curbside 1211 Collection would otherwise be provided to the SFD Service Unit. 1212 7.01.4 Frequency and Scheduling of Service. Except as set forth in Section 7.10, SFD 1213 Collection Service must be provided one (1) time per week on a scheduled route basis. SFD Collection 1214 Service must be scheduled so that all Service Units receive Solid Waste Collection Service, Recycling 1215 Collection Service, and Organic Waste Collection Service on the same Work Day. SFD Collection Service 1216 must be provided, commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m., Monday 1217 through Friday, except for Holidays in accordance with Section 3.09. The hours, day, or both of Collection 1218 may be extended due to extraordinary circumstances or conditions with the prior verbal or written consent 1219 of the Agreement Administrator.
1220 7.01.5 Manner of Collection. The Contractor must provide Collection Service with as 1221 little disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright 1222 position at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or 1223 mail boxes. Contractor’s employees providing Collection Service must follow the regular walk for 1224 pedestrians while on private property and may not trespass nor cross property to the adjoining premises 1225 unless the occupant or owner of both properties has given permission. Care should be taken to prevent 1226 damage to property, including flowers, shrubs, and other plantings. 1227 7.01.6 Replacement of Carts. Contractor’s employees must take care to prevent 1228 damage to Carts by unnecessary rough treatment. However, any Cart damaged by the Contractor must 1229 be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience 1230 to the Service Recipient.
1231 7.01.6.1 Upon notification to Contractor by City or a Service Recipient that the 1232 Service Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, 1233 Contractor must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. 1234 Contractor must maintain records documenting all Cart replacements occurring and report through the 1235 Waste Reporting System monthly.
1236 7.01.6.2 Each Service Recipient is entitled to the replacement of one (1) lost, 1237 destroyed, or stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service 1238 Recipient. Except in the case of a Cart that must be replaced because of damage caused by Contractor or 1239 in the case where Contractor elects to replace a Cart rather than repair it on-site, Contractor will be 1240 compensated for the cost of those replacements in excess of one (1) per type of Cart per Service Recipient AR000715
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1241 during the term of the Agreement, in accordance with the “Cart Exchange” Service Rate set forth in Exhibit 1242 1, or as may be adjusted by the City from time to time as provided under this Agreement. 1243 7.01.6.3 Contractor understands and agrees that this provision is intended to be 1244 applied on a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could 1245 receive up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the 1246 contract.
1247 7.01.6.4 New carts. At the start of this Agreement, Contractor must supply new 1248 carts which comply with Collection Container specifications in Exhibit 3. If any changes to these 1249 specifications are adopted after the Effective Date that results in Contractor being required to replace 1250 Collection Containers before they have been fully depreciated, Contactor will be eligible for additional 1251 compensation in accordance with Section 4.09.
1252 7.01.6.5 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is 1253 responsible for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five 1254 (5) Work Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must 1255 repair the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service 1256 Recipient.
1257 7.01.6.6 Cart Exchange. Upon notification to Contractor by City or a Service 1258 Recipient that a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service 1259 Recipient within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange 1260 per Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service 1261 Unit is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for 1262 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those 1263 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1264 accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1265 Agreement.
1266 7.01.6.7 Additional Cart Request. Upon notification to the Contractor by City or a 1267 Service Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1268 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1269 in Exhibit 1.
1270 7.01.6.8 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1271 7.02 SFD Solid Waste Collection Service. This service is governed by the following terms and 1272 conditions:
1273 7.02.1 Non-Collection. Contractor is not required to Collect any Residential Garbage 1274 that is not placed in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set 1275 forth in Section 3.13.
1276 7.02.2 Disposal Facility. Except as set forth below, all Residential Solid Waste Collected 1277 as a result of performing Solid Waste Collection Services must be transported to, and disposed of, at the 1278 Disposal Facility. In the event the Disposal Facility is closed on a Work Day, Contractor must transport 1279 and dispose of the Residential Solid Waste at another legally permitted disposal facility. Failure to comply AR000716
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1280 with this provision will result in the levy of a penalty as specified in Exhibit 9 and may result in Contractor 1281 being in default under this Agreement. City has the right to designate Disposal Facility and agrees to 1282 adjust Maximum Service Rates to reflect City’s exercise of flow control rights. 1283 7.03 SFD Recycling Service. This service is governed by the following terms and conditions:
1284 7.03.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be placed beside the Recycling Cart if flattened during the three-week period beginning December 26 1285 th 1286 each year during the term of this Agreement.
1287 7.03.2 Recycling - Improper Procedure. The Contractor is not required to Collect 1288 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid 1289 Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1290 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1291 Contractor must follow the steps set forth in Section 3.12. 1292 7.03.3 Materials Recovery Facility. Except as provided in Section 3.12, all Recyclable 1293 Materials collected as a result of performing recycling services must be delivered to the Materials 1294 Recovery Facility. Failure to comply with this provision will result in the levy of a penalty as specified in 1295 Exhibit 9 and may result in Contractor being in default under this Agreement. All expenses related to 1296 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1297 designate Materials Recovery Facility and agrees to adjust Maximum Service Rates to reflect City’s 1298 exercise of flow control rights.
1299 7.03.4 Move In/Out Collection Service. Within three (3) months of opening a new 1300 account, at no additional charge, each SFD customer may request that Contractor provide one on-call 1301 Move-In/Out Recyclable Material Collection Service for recyclable packaging materials such as flattened 1302 cardboard boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service 1303 for each new account. This service shall only include Recyclable Materials, and in the event that the 1304 Service Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall 1305 be counted as one of the SFD Service Recipient’s free annual Large Item Collections as set forth in 1306 Section 7.05.
1307 7.03.5 Recycling - Changes to Services. Should changes in Applicable Law arise that 1308 necessitate any additions or deletions to the services described in this Section 7.03, including the type of 1309 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will 1310 enter into an Agreement amendment covering such modifications to the services to be performed and 1311 the compensation to be paid in accordance with Section 28.01.1 before undertaking any changes or 1312 revisions to such services.
1313 7.04 SFD Organic Waste Collection Service. This service is governed by the following terms 1314 and conditions:
1315 7.04.1 Organic Waste Processing Services. Contractor must ensure that all Organic 1316 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1317 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1318 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except AR000717
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1319 for residue resulting from processing. If the organics processing facility accepts bagged organic waste 1320 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic 1321 Waste.
1322 7.04.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1323 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 1324 station, that has been agreed upon by the City. All expenses related to Organic Waste processing and 1325 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in 1326 the levy of a penalty as specified in Exhibit 9 and may result in Contractor being in default under this 1327 Agreement. City has the right to designate Organic Waste Processing Facility and agrees to adjust 1328 Maximum Service Rates to reflect City’s exercise of flow control rights. 1329 7.04.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb for Collection during the three-week period beginning December 26th 1330 each year during the term of 1331 this Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate facility for 1332 processing. This annual service will be provided at no additional charge to the Service Recipient. 1333 Contractor is not required to divert Holiday Trees with tinsel, flocking or ornaments. 1334 7.04.4 Non-Collection. Contractor is not required to Collect Organic Waste if the Service 1335 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1336 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with 1337 Solid Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 1338 3.12.
1339 7.04.5 Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1340 of 500 home compost bins per Calendar Year to be used by Service Recipients to compost Organic 1341 Waste. City is responsible for purchase of home compost bins delivered to Contractor’s place of storage. 1342 7.05 SFD Large Item Collection Service. This service is governed by the following terms and 1343 conditions:
1344 7.05.1 Conditions of Service. Contractor must provide Large Item Collection Service to 1345 all SFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of 1346 the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location 1347 agreed to by Contractor and Service Recipient, that will provide safe and efficient accessibility to 1348 Contractor's Collection crew and vehicle. Up to two (2) times per Calendar Year each Service Recipient 1349 is entitled to receive large item disposal amounting to a combined annual maximum of the equivalent of 1350 (a) 1.5 cubic yards of uncontainerized Solid Waste, or (b) six (6) large items, or (c) ten (10) 32-gallon 1351 bags at no additional cost and expense. For subsequent collection in any Calendar Year, the Contractor 1352 shall receive compensation from the customer at the rate for such service as set in Exhibit 1. 1353 7.05.2 Frequency of Service. Large Item Collection Service will be provided on the next 1354 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1355 Collection day. The Service Recipient may not intentionally commingle residential Large Items with other 1356 Residential Waste.
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1357 7.05.3 Large Items Containing Freon. In the event Contractor Collects Large Items that 1358 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1359 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1360 7.05.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items 1361 collected from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1362 7.05.4.1 Reuse as is (where energy efficiency is not compromised) 1363 7.05.4.2 Disassemble for reuse or Recycling
1364 7.05.4.3 Recycle
1365 7.05.4.4 Disposal
1366 7.05.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1367 Large Items cannot be reused or recycled.
1368 7.05.6 City Direction of Large Items. City reserves the right to direct Contractor to take 1369 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty 1370 (20) miles from City Hall for the purpose of reuse or recycling at no cost. Contractor has no obligation to 1371 dispose of the Large Item residue remaining at the directed site or sites after scavengers and recyclers 1372 have removed reusable or recyclable Large Items.
1373 Article 8. Commercial Service
1374 8.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1375 Commercial Collection Services to all Commercial Service Units in the Service Area, including MFD-C and 1376 MXD Service Units and City Service Units. This service is governed by the following terms and conditions:
1377 8.01.1 Provision of Service. Contractor must provide Commercial Solid Waste Collection 1378 Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all 1379 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and 1380 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection 1381 Containers are accessible as set forth in Section 8.01.4. Contractor must offer Solid Waste, Recyclable 1382 Materials, and Organic Waste Carts in 32, 64, and 96-gallon sizes. Contractor must offer Solid Waste and 1383 Recyclable Materials Bins in 1, 2, 3, 4, and 6-cubic yard sizes (stab only, no wheels or maneuvering required 1384 for 6 cubic yard sized Bins) and 1, 1.5, 2, 3 and 4-cubic yard sizes for Organic Waste Bins. Contractor must 1385 offer Roll-off Containers in 10, 20, 30, and 40-cubic yard sizes, and Compactors. The size of the container 1386 and the frequency (above the minimum) of collection will be determined between the Service Recipient and 1387 Contractor. However, the size and frequency must be sufficient to provide that no Solid Waste, Recyclable 1388 Materials, or Organic Waste need be placed outside the Collection Container. The base Solid Waste 1389 Collection Service will include Commercial Recycling Service as described in Section 8.03.2 below, and 1390 Commercial Organic Waste Collection Service as described in Section 8.04.2 below. 1391 8.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, the 1392 City wishes to utilize Garbage Bins as requested by the Commercial Service Recipient, and including at no 1393 additional cost the equivalent volume of recycling, and one (1) 32-Gallon Organic Waste Cart per 2 cu yd 1394 of weekly trash (garbage plus recycling) service as part of the base bundled Commercial Collection Service.
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1395 The actual configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be based on the total 1396 equivalent volume and configured in a manner determined by the Service Recipient in consultation with the 1397 Contractor. Additional services may be requested by the Commercial Service Recipient. To be exempted 1398 from Commercial Recycling Service or Commercial Organic Waste Collection Service, Service Recipient 1399 must apply for exemption to the Contractor. All such exemption applications must be reported in the Waste 1400 Reporting System and approved by the City.
1401 8.01.3 Hours of Collection. Commercial Collection Service must be provided, 1402 commencing no earlier than 7:00 a.m., and terminating no later than 7:00 p.m., Monday through Saturday, 1403 except for Holidays. There will be no Commercial Collection Service on Sundays. The hours, day, or both 1404 of Collection may be extended due to extraordinary circumstances or conditions with the prior verbal or 1405 written consent of the Agreement Administrator.
1406 8.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1407 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide “push 1408 services” and “stinger/scout truck services” as necessary upon request during the provision of Commercial 1409 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to, 1410 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for 1411 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck 1412 services provide for the retrieval of Collection Containers from locations with accessibility constraints that 1413 make Containers difficult or impossible to access using regular trash collection trucks. 1414 8.01.5 Manner of Collection. Contractor must provide Commercial Collection Service with 1415 as little disturbance as possible and must leave any Collection Container at the same point it originally 1416 located without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1417 8.01.5.1 Purchase and Distribution of Collection Containers for New 1418 Commercial Service Units. Contractor must also distribute newly-painted Collection Containers as specified 1419 in Exhibit 4 to new Commercial and MFD/MXD Service Units that are added to Contractor’s Service Area 1420 during the term of this Agreement. The size and mix of the Collection Containers will be in accordance with 1421 the service agreement obtained by Contractor as set forth in this Agreement and the distribution must be 1422 completed within five (5) Work Days of receipt of the request for service. 1423 8.01.6 Replacement of Collection Containers. Contractor’s employees must avoid 1424 damage to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by 1425 the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no 1426 cost or inconvenience to the Service Recipient.
1427 8.01.6.1 Each Commercial Service Unit is entitled to the replacement of 1428 one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial 1429 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the 1430 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per 1431 Commercial Service Unit during the initial term of the Agreement, in accordance with the “Collection 1432 Container Exchange” Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a 1433 replacement Collection Container to such Service Unit within five (5) Work Days.
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1434 8.01.7 Repair of Collection Containers. Contractor is responsible for repair of Collection 1435 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such 1436 repairs, Contractor must repair the Collection Container or if necessary, remove the Collection Container 1437 for repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container 1438 repair also includes the removal of graffiti from the Collection Container. 1439 8.01.8 Collection Container Exchange. Upon notification to Contractor by City or a Service 1440 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection 1441 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible 1442 to receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement. 1443 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1) 1444 Collection Container exchange per Calendar Year, in accordance with the appropriate “Collection Container 1445 Exchange” service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional 1446 Collection Containers or different size Collection Containers are subject to the applicable Service Rate set 1447 forth in Exhibit 1.
1448 8.01.9 Newly painted Bins and Roll-off Containers. At the start of this Agreement, 1449 Contractor must supply newly-painted Bins and Roll-off Containers in good condition which comply with 1450 Collection Container specifications in Exhibit 4. If any changes to these specifications are adopted after the 1451 Effective Date that results in Contractor being required to replace Collection Containers before they have 1452 been fully depreciated, Contactor will be eligible for additional compensation in accordance with Section 1453 28.01.1.
1454 8.01.10 Ownership of Collection Containers. Ownership of Collection Containers 1455 distributed by Contractor is vested in Contractor. 1456 8.01.11 Cleaning of Collection Containers. Once each Calendar Year, if requested by the 1457 Commercial Service Unit, Contractor must clean all Collection Containers at the Commercial Service Unit’s 1458 premises or must replace the dirty Collection Containers with clean Collection Containers. Any Collection 1459 Container cleanings must be done in such a manner that results in no water entering the City’s storm drain 1460 system. This service must be provided at no charge to the Service Unit, so long as the service is not 1461 requested more than once per Calendar Year. In addition, regardless of whether or not this cleaning is 1462 requested by the Service Unit, Contractor will ensure that all Collection Containers are cleaned on an as1463 needed basis so as to maintain a clean appearance and proper function. Additional cleanings beyond once 1464 each Calendar Year will be subject to the Service Rate set forth in Exhibit 1. 1465 8.02 Commercial Solid Waste Collection Service.
1466 8.02.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1467 Service to all Commercial Service Units in the Service Area whose Solid Waste is properly containerized 1468 in Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1469 8.02.2 Size and Frequency of Service. This service must be provided as deemed 1470 necessary and determined between Contractor and the Commercial Service Unit, but such service must 1471 be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except 1472 that Collection service scheduled to fall on a holiday may be rescheduled as determined between the 1473 Service Unit and Contractor as long as the minimum frequency requirement is met. The size of the container AR000721
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1474 and the frequency (above the minimum) of Collection will be determined between the Commercial Service 1475 Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need 1476 be placed outside the Collection Container. Contractor must provide containers as part of the Commercial 1477 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1478 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and 1479 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers 1480 used by Service Recipients must be owned and supplied by Contractor. 1481 8.02.3 Non-Collection. Contractor is not required to Collect any Commercial Solid Waste 1482 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the 1483 Garbage Collection Container because of overflow. In the event of non-collection or overflow, Contractor 1484 must follow the steps as set forth in Section 3.13. 1485 8.02.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial 1486 Solid Waste Collection Services must be transported to, and disposed of, at the Disposal Facility. In the 1487 event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose of Solid Waste 1488 at another legally permitted disposal facility. Failure to comply with this provision will result in the levy of a 1489 penalty as specified in Exhibit 9 and may result in Contractor being in default under this Agreement. City 1490 has the right to designate Disposal Facility and agrees to adjust Maximum Service Rates to reflect City’s 1491 exercise of flow control rights.
1492 8.03 Commercial Recycling Service. This service is governed by the following terms and 1493 conditions:
1494 8.03.1 Conditions of Service. Contractor must provide Commercial Recycling Service to 1495 all Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in 1496 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are 1497 accessible. The Maximum Service Rates for Contractor’s Commercial Recycling Services are set forth in 1498 Exhibit 1.
1499 8.03.2 Base Commercial Recycling Service. All Commercial Service Recipients 1500 subscribing to Commercial Solid Waste Collection Service must receive weekly collection of Recycling 1501 Materials with a minimum of at least one 96-gallon Recycling Cart per Service Recipient and included in 1502 the Bundled Rate set forth in Exhibit 1. The actual configuration of Recycling Collection Container sizes to 1503 be provided will be based on the total equivalent volume and configured in a manner determined by the 1504 Service Recipient in consultation with Contractor. 1505 8.03.3 Size and Frequency of Service. This service will be provided as deemed necessary 1506 and determined between Contractor and the Service Recipient, but such service must be received no less 1507 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1508 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1509 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection 1510 Container at the option of the Service Recipient. The size of the Collection Container and the frequency 1511 (above the minimum) of Collection will be determined between the Service Recipient and Contractor. 1512 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 1513 outside the Collection Container. Contractor may charge for Commercial Recycling Services above the AR000722
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1514 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled 1515 Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1516 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1517 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1518 by Service Recipients must be owned and supplied by Contractor. 1519 8.03.4 Recycling - Improper Procedure. Contractor is not required to Collect Recyclable 1520 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid 1521 Waste and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are 1522 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1523 Contractor must follow the steps as set forth in Section 3.12. 1524 8.03.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 1525 performing Recycling Services must be delivered to the Materials Recovery Facility. Failure to comply with 1526 this provision will result in the levy of a penalty as specified in Exhibit 9 and may result in Contractor being 1527 in default under this Agreement. All expenses related to materials processing and marketing will be the sole 1528 responsibility of Contractor. City has the right to designate Materials Recovery Facility and agrees to adjust 1529 Maximum Service Rates to reflect City’s exercise of flow control rights. 1530 8.03.6 Recycling - Changes to Work. Should changes in law arise that necessitate any 1531 additions or deletions to the work described herein including the type of items included as Recyclable 1532 Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 1533 amendment covering such modifications to the work to be performed and the compensation to be paid in 1534 accordance with Section 28.01.1 before undertaking any changes or revisions to such work. 1535 8.03.7 Compliance with AB 341. Contractor will develop and maintain its Commercial 1536 Recycling Service in a manner designed to assist City and the Service Recipients to achieve and maintain 1537 compliance with AB 341 and AB 1826. Contractor will notify Commercial Service Recipients of the requirements to comply with the laws starting January 1, 2022, and each January 1st 1538 thereafter. Contractor 1539 must provide the necessary volume of collection service to Commercial Service Units in order to be in full 1540 compliance with the law. In conjunction with the City’s ordinance supporting full compliance with AB 341 1541 and AB 1826 by Commercial Service Units (i.e., “generators”), Contractor will conduct in-person outreach 1542 to all non-participating commercial covered generators a minimum of once per calendar year. Failure to 1543 conduct such outreach will result in a penalty as specified in Exhibit 9. 1544 8.03.8 Additional Recycling Collection containers. Contractor must provide additional 1545 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within 1546 five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that 1547 additional Collection Containers are used by Service Recipients for the purposes of setting out additional 1548 Recyclable Materials for regular weekly Commercial Recycling Service. 1549 8.04 Commercial Organic Waste Collection Service. This service is governed by the following 1550 terms and conditions:
1551 8.04.1 Conditions of Service. Contractor must provide Commercial Organic Waste 1552 Collection Service to all non-exempt (Section 3.04.3; AB 3036) Commercial Service Units in the Service 1553 Area whose Organic Waste is properly containerized in Organic Collection Containers, except as set forth AR000723
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1554 below in Section 8.04.5, where the Organic Waste Collection Containers are accessible. Contractor will 1555 conduct a site visit with each non-exempt Service Recipient to determine the specific materials to be included 1556 the Service Recipient’s Organic Waste Collection (i.e., Food Waste, Green Waste, combined Food and 1557 Green Waste). Contractor will charge for collection of Organic Waste within the Bundled Service rate 1558 specified in Exhibit 1. For Organic Waste collected in Collection Containers beyond the size specified in the 1559 Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 1. Contractor agrees that not all 1560 Service Units will elect to receive Organic Waste Collection Service in Carts, and that Contractor will provide 1561 Organic Waste Collection Bins upon request and as necessary. Service Recipients may elect to add Green 1562 Waste only Collection Bins to their service at pricing included in Exhibit 1. Contractor will provide a sufficient 1563 number of Collection Containers and at a collection frequency to allow for any such Service Unit to utilize 1564 the collection of Organic Waste. Commercial Organic Waste Collection will occur Monday through Saturday 1565 upon request and as necessary. City shall provide Contractor a list of the names and addresses of 1566 Commercial Service Units that are approved by City for exemption from Organic Waste Collection. 1567 8.04.2 Organic Waste Processing Services. Contractor must ensure that all Organic 1568 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1569 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1570 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1571 for residue resulting from processing. If the organics processing facility accepts bagged organic waste, then 1572 Contractor is obligated to accept bagged Organic Waste. 1573 8.04.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1574 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 1575 station, that has been agreed upon by the City. Failure to comply with this provision will result in the levy of 1576 a penalty as specified in Exhibit 9 and may result in Contractor being in default under this Agreement. All 1577 expenses related to Organic Waste processing and marketing will be the sole responsibility of Contractor. 1578 City has the right to designate Organic Waste Processing Facility and agrees to adjust Maximum Service 1579 Rates to reflect City’s exercise of flow control rights. 1580 8.04.4 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 1581 collection frequency requirements as they may apply during the term of this Agreement. If any such changes 1582 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce 1583 the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its 1584 collection costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must 1585 provide City with its estimate of reduced its costs and shall make adjustments to the Maximum Service 1586 Rates.
1587 8.04.5 Base Commercial Organic Waste Service. All Commercial Service Recipients 1588 subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent 1589 volume of at least one (1) 32-gallon Organic Waste Cart per Service Recipient included in the Bundled 1590 Service rate. The actual configuration of Organic Waste Collection Container sizes to be provided will be 1591 based on the total equivalent volume and configured in a manner determined by the Service Recipient in 1592 consultation with Contractor. Contractor may charge for Commercial Organic Waste Collection as set forth 1593 in Exhibit 1 for Commercial Organic Waste Service greater than the base 32-gallon Organic Waste Cart.
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1594 8.04.6 Size and Frequency of Service. This service will be provided as deemed necessary 1595 and determined between Contractor and the Service Recipient, but such service must be received no less 1596 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1597 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1598 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 1599 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 1600 Collection will be determined between the customer and Contractor. However, size and frequency must be 1601 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 1602 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 1603 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 1604 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 1605 Contractor.
1606 8.04.7 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1607 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 1608 Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through 1609 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow 1610 the steps set forth in Section 3.12.
1611 8.04.8 Organic Waste Processing Facility. Subject to Section 8.04.3, all Organic 1612 Waste Collected as a result of performing Organic Waste Collection Services must be delivered to the 1613 Organic Waste Processing Facility. Failure to comply with this provision will result in the levy of an 1614 administrative charge as specified in this Agreement and may result in Contractor being in default under 1615 this Agreement.
1616 8.04.9 Organic Waste - Changes to Services. Should changes in law arise that 1617 necessitate any additions or deletions to the services described in this Section 8.04 including the type of 1618 items included as Organic Waste, the parties will negotiate any necessary cost changes and will enter into 1619 an Agreement amendment covering such modifications to the services to be performed and the 1620 compensation to be paid in accordance with Section 28.01.1 before undertaking any changes or revisions 1621 to such services.
1622 8.04.10 Compliance with AB 1826 and SB 1383. Contractor will develop and maintain its 1623 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients 1624 to achieve and maintain compliance with AB 1826 and SB 1383. Contractor will notify non-exempt covered 1625 businesses of the requirements to comply with the law annually starting January 1, 2022. Contractor will 1626 offer to provide the volume of collection service that covered businesses require to be in compliance with 1627 the law. In conjunction with the City’s ordinance supporting full compliance with AB 341, SB 1383 and AB 1628 827 by Commercial Service Units (i.e., “generators”), Contractor will conduct in-person outreach to all non1629 participating non-exempt commercial covered generators as specified in Section 18.02. Failure to conduct 1630 such outreach will result in a penalty as specified in Exhibit 9. 1631 8.04.11 Additional Organic Waste Collection Containers. Contractor must provide 1632 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided 1633 that additional Collection Containers are used by Service Recipients for the proposes of setting out 1634 additional Organic Waste materials for regular weekly Organic Waste Collection Service AR000725
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1635 Article 9.Multi- Family Dwelling Service with Individual Carts (MFD-I) 1636 9.01. Conditions of Service. As in Section 7.01.
1637 9.01.1. MFD-I Curb Service. As in 7.01.1
1638 9.01.2. MFD-I Bundled Service. A weekly Bundled MFD-I Solid Waste Collection Service 1639 system will be utilized with either one (1) 64-Gallon Garbage Cart (with the option to downsize to a 32- or 1640 upsize to a 96-Gallon Garbage Cart), one (1) 64-Gallon Recycling Cart (with the option to downsize to 1641 upsize to a 96-Gallon Recycling Cart), and one (1) 96-Gallon Organic Waste Cart as part of the base MFD1642 I Solid Waste Collection Service; or for those MFD-I complexes without need for individual yard waste 1643 containers, one (1) 64-Gallon Garbage Cart (with the option to downsize to a 32- or upsize to a 96-Gallon 1644 Garbage Cart), one (1) 64-Gallon Recycling Cart (with the option to downsize to upsize to a 96-Gallon 1645 Recycling Cart), and one (1) 32-Gallon Organic Waste Cart (with the option to upsize to a 64- or 96-Gallon 1646 Organics Cart) as part of the base MFD-I Solid Waste Collection Service. Pricing for upsizing or downsizing 1647 Carts, and additional Carts, relative to the base Bundled Service are included in Exhibit 1. The actual 1648 configuration of Garbage, Recycling and Organic Waste Cart sizes shall be at the option of the Service 1649 Recipient. MFD-I complexes which lack storage space for an Organics Waste Cart at each individual site 1650 may substitute a 2-bin service (Garbage Cart and Recycling Cart) provided that the Facility’s management 1651 subscribe to service of centralized Organic Waste Collection Containers. 1652 9.01.3. MFD-I On-Premises Service. Refer to 7.01.3 1653 9.01.4. MFD-I Frequency and Scheduling of Service. Refer to 7.01.4 1654 9.01.5. MFD-I Manner of Collection. Refer to 7.01.5. 1655 9.01.6. MFD-I Replacement of Carts. Refer to 7.01.6. 1656 9.02. MFD-I Solid Waste Collection Service. Refer to 7.02. 1657 9.03. MFD-I Recycling Service. Refer to 7.03.
1658 9.04. MFD-I Organic Waste Collection Service. Refer to 7.04. 1659 9.05. MFD-I Large Item Collection Service. Refer to 7.05. 1660 Article 10. Multi-Family Dwelling with Centralized Bin Service (MFD-C) 1661 10.01. MFD-C Collection Service. As in Section 8.01. 1662 10.02. MFD-C Solid Waste Collection Service. As in Section 8.02. 1663 10.03. MFD-C Recycling Service. As in Section 8.03. 1664 10.03.01. MFD-C Move In/Out Collection Service. Within three (3) months of opening a new 1665 account, at no additional charge, each MFD-C customer may request that Contractor provide one on-call 1666 Move-In/Out Recyclable Material Collection Service for recyclable packaging materials such as flattened 1667 cardboard boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service 1668 for each new account. This service shall only include Recyclable Materials, and in the event that the Service 1669 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be AR000726
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1670 counted as one of the MFD-C Service Recipient’s free annual Large Item Collections as set forth in Section 1671 10.06.
1672 10.04. MFD-C Organic Waste Collection Service. As in Section 8.04 1673 10.05. MFD-C Large Item Collection Services. This service is governed by the following terms 1674 and conditions:
1675 10.05.01. Conditions of Service. Contractor shall provide Large Item Collection 1676 service to MFD-C Service Units (subject to permission from each MFD-C Service Unit owner or property 1677 manager), by providing such Collection one (1) time per month on a designated date, at a designated 1678 location within the MFD-C Service Unit. Contractor shall work with the owner or property manager of each 1679 MFD-C Service Unit to arrange for a monthly Large Item Collection date. On each such Collection date, 1680 Contractor shall Collect all Large Items placed for Collection at the designated location at no charge. 1681 10.05.02. Frequency of Service. As set forth in Section 10.05.01. 1682 10.05.03. Large Items Containing Freon. As set forth in Section 7.05.3. 1683 10.05.04. Maximum Reuse and Recycling. As set forth in Section 7.05.4. 1684 10.05.05. Disposal of Large Items. As set forth in Section 7.05.5. 1685 10.05.06. City Direction of Large Items. As set forth in Section 7.05.6. 1686 Article 11. Mixed Use Dwelling Service (MXD)
1687 11.01. MXD Collection Service. As in Section 10.01. 1688 11.02. MXD Solid Waste Collection Service. As in Section 10.02. 1689 11.03. MXD Recycling Service. As in Section 10.03. 1690 11.03.01. MXD Move In/Out Collection Service. As in Section 10.03.1 1691 11.04. MXD Organic Waste Collection Service. As in Section 10.04 1692 11.05. MXD Large Item Collection Services. As in Section 10.05 1693 Article 12. City Services
1694 12.01 City Collection Conditions of Service. City Collection Services shall be governed by the 1695 following terms and conditions:
1696 12.01.1 Contractor shall provide Garbage, Recyclable Material, and Organic Waste 1697 Collection Services to all City Service Units (and where applicable, subject to the conditions in this section), 1698 where the Containers are not blocked and are accessible by Contractor’s Collection Vehicles. The 1699 frequency of collection may be designated by the City, but not to exceed six (6) times per week per 1700 container. City may change the City Service Units receiving service, and the container volume and 1701 collection frequency provided to any City Service Unit. Contractor shall provide this service and charge the 1702 City in accordance with the Commercial Service Recipient Rates set forth in Exhibit 1.
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1703 12.01.2 Contractor shall receive written permission from the City before placing any 1704 Collection Containers on City owned property for service. 1705 12.01.3 Contractor shall limit the number of trips and the path of travel for Collection 1706 Vehicles in City parking lots.
1707 12.01.4 Municipal Service Center
1708 1. Contractor shall collect and dispose of Solid Waste and collect and 1709 process Green Waste and Recyclable Materials generated at the City’s Municipal Service Center, currently 1710 located at 1993 Rancho Conejo Blvd. in Newbury Park and charge the City in accordance with the Service 1711 Recipient Rates as set forth in Exhibit 1. Contractor shall also collect and process Green Waste and 1712 Recyclable Materials brought to the City’s Municipal Service Center by City or City-contracted personnel. 1713 Contractor shall provide hauling for Roll-off Containers and Bins outside the Municipal Service Center and 1714 used by City street maintenance and landscape crews and shall charge the City in accordance with the 1715 Service Recipient Rates as set forth in Exhibit 1 for disposal or processing from such sources. 1716 2. Contractor shall provide a liaison staff to meet twice each calendar year 1717 with Municipal Service Center personnel managing solid waste collection at the MSC. Contractor staff shall 1718 provide education information, including staff training sessions, to maximize source separation and material 1719 recovery opportunities at the MSC.
1720 12.02 City Clean-Up Services.
1721 12.02.1 City’s Enforcement Clean-Up Services. Within one (1) Work Day of a request from 1722 the Agreement Administrator, Contractor shall provide Roll-off Containers to support City’s Enforcement 1723 Clean-Up Services in the Service Area. City shall be responsible for loading or arranging for loading of each 1724 Roll-off Container. Contractor shall collect, transport and deliver City Code Enforcement Clean-Up Services 1725 Garbage, Recyclable Material, and Organic Waste to a Disposal Facility, the Materials Recovery Facility, or 1726 Organics Processing Facility, as appropriate given the characteristics of the load. Contractor shall deliver, 1727 and collect, transport and process the City’s Enforcement Clean-Up Services waste from up to ten (10) Roll1728 off Containers each Agreement Year at no charge to the City. Contractor shall be entitled to charge the City 1729 for collected materials exceeding ten (10) collections per Agreement Year in accordance with the Service 1730 Recipient Rates as set forth in Exhibit 1.
1731 12.02.2 City’s clean-up and removal of downed trees. Within four (4) hours of a request 1732 from the Agreement Administrator, Contractor shall provide Roll-off Containers to support City’s clean-up 1733 and removal of downed trees that result from natural events (storms, high winds etc.) in the Service Area. 1734 City shall be responsible for loading or arranging for loading of each Roll-off Container. Contractor shall 1735 collect, transport and deliver said Organic Waste to an Organics Processing Facility for recycling. Contractor 1736 shall deliver, and collect, transport and process organic material from up to ten (10) Roll-off Containers each 1737 Agreement Year at no charge to the City. Contractor shall be entitled to charge the City for Roll-Off Service 1738 exceeding ten containers per Agreement Year in accordance with the Service Recipient Rates as set forth 1739 in Exhibit 1
1740 12.02.3 Abandoned Waste/Illegal Dumping Reporting. When conducting service within the 1741 City, Contractor shall direct its Collection Vehicle drivers to report to Contractor sightings of illegal dumping 1742 of Waste by recording: (i) the addresses of any Service Area where Garbage, Recyclable Material, and/or AR000728
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1743 Organics Waste is accumulating; and (ii) the address, or other location description at which Garbage, 1744 Recyclable Material, and/or Organics Waste has been dumped. Contractor shall report to the City sightings 1745 and the recorded address within three (3) Work Days. 1746 12.02.4 Abandoned Waste/Illegal Dumping Clean-up. At City’s direction, Contractor shall 1747 collect, transport and process dumped items from up to fifty (50) illegal dumping clean-up requests per year 1748 at no additional charge to City. Contractor shall be entitled to charge the City for requests in excess of fifty 1749 (50) collections per Agreement Year in accordance with the Service Recipient Rates as set forth in Exhibit 1750 1.
1751 12.03 City-Sponsored Events Service. Upon request by the City, Contractor shall provide 1752 Containers, Collection Services, and Street Sweeping Services at up to five (5) City-Sponsored Events 1753 annually, including but not limited to those specified in Exhibit 2, at no cost to the City. 1754 12.04 Large Item Collection Service. Contractor shall collect Large Items, including E-Waste and 1755 Universal Waste, from City Services Units on an on-call basis on the same terms and conditions as are 1756 provided to SFD Service Units per Section 7.05 at rates specified in Exhibit 1. 1757 Article 13. Additional Services
1758 13.01 Free Landfill Days. SFD and MFD, MFD-C, MFD-I and MXD Service Recipients are 1759 allowed to utilize the designated landfill site (Simi Valley, Calabasas, Toland Road Landfills or such other 1760 mutually agreeable site) at no cost to the Service Recipient, up to three (3) times each Calendar Year on 1761 designated Free Landfill and Recycling Days at specified hours. Service Recipients must present evidence 1762 of home address within the City to the landfill at the entrance gate and be prepared to unload their own 1763 materials. No commercial vehicles or commercial waste will be accepted, nor will waste or materials from 1764 landscaping companies. Residents can bring up to two loads per event, using a vehicle no larger than a five 1765 (5) passenger automobile or a pickup truck. Hazardous materials, electronic waste, liquids and 1766 medical/biological waste are not accepted. Contractor is responsible for coordinating and facilitating Free 1767 Landfill Days with the designated landfill, including paying all costs associated with advertising, and disposal 1768 of all materials.
1769 13.02 Public Area Waste Collection. At no additional cost or expense to the City, Contractor shall 1770 provide Garbage and Recyclable Material Collection Service from Collection Containers placed at up to 150 1771 public-right-of-way locations designated by the City. City to provide containers. Garbage and Recyclable 1772 Material Collection Containers shall be serviced on a regular schedule of no less than two days per week, 1773 and three days per week for high usage areas, or as-needed basis as directed by the City, to avoid any 1774 overflow of materials. Total Collection Container service shall not exceed the equivalent of 150 locations at 1775 120 gallons per location collected two days per week. There will be flexibility in collection capacity at each 1776 location.
1777 13.03 Street Sweeping Services. Contractor shall perform street sweeping services as described 1778 in Exhibit 7. The designated parking areas for weekly street sweeping are listed in Exhibit 7. 1779 13.04 Household Hazardous Waste Home Collection Service. Contractor shall provide 1780 Household Hazardous Waste Home Collection Service as described in Exhibit 8.
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1781 Article 14. Collection Routes
1782 14.01 Service Routes. Contractor must provide City with maps precisely defining Collection 1783 routes, together with the days and the times at which Collection will regularly commence. 1784 14.02 Service Route Changes. Contractor must submit to City, in writing, any proposed route 1785 change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 1786 implementation. Contractor may not implement any route changes without the prior review of the Agreement 1787 Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify 1788 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date 1789 of implementation.
1790 14.02.1 Collection Route Audits. City reserves the right to conduct audits of Contractor’s 1791 Collection routes. Contractor must cooperate with City in connection therewith, including permitting City 1792 employees or agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to 1793 conduct the audits. Contractor has no responsibility or liability for the salary, wages, benefits or worker 1794 compensation claims of any person designated by the Agreement Administrator to conduct such audits. 1795 Article 15. Minimum Performance and Diversion Standards 1796 15.01 Agreement Extension. In order to receive the Agreement term extension offer set forth in 1797 Article 2 of this Agreement, Contractor must meet or exceed the following annual minimum performance and 1798 diversion standards in each Calendar Year beginning January 2023. 1799 15.01.1 Performance Standards. Assessment of penalties and charges, as set forth in 1800 Exhibit 9 of this Agreement, totaling less than $50,001 in any one (1) Calendar Year. 1801 15.01.2 Minimum Diversion Standards. Contractor must meet the requirements set forth in 1802 Article 5.
1803 15.01.3 No Current Default. Contractor is not currently in default of the Agreement. 1804 15.02 Billing/Financial Audit and Performance Reviews 1805 15.02.1 Contractor shall review its billings to all Customers. The purpose of the review is 1806 to determine that the amount which the Contractor is billing each Customer is correct with regard to the level 1807 of service (i.e., frequency of collection, size of container, location of container) at the rates approved by City 1808 Council resolution. The Contractor shall review Customer accounts not less than annually and provide a 1809 written certification to the City that all such billing is correct. The documentation of the review, as well as 1810 verification that any errors have been corrected should be provided to the City annually. 1811 15.02.2 Selection and Cost. City may conduct billing audit, financial audit and performance 1812 reviews (together, “reviews”) of Contractor’s performance during the term of this Agreement. The reviews 1813 will be performed by the City or a qualified firm under contract to City. City will have the final responsibility 1814 for the selection of the firm. City may conduct reviews at any time during the term of the Agreement. City 1815 and Contractor agree to each pay fifty-percent (50%) of the cost of the audits and performance reviews 1816 provided for under Section 15.02.
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1817 1. Full Reviews During Initial Term. City may conduct three (3) full reviews 1818 with costs apportioned as stated in 15.02.2 during the Initial Term of this Agreement. The purpose of these 1819 full reviews will be as described in Section 15.02.3 below. 1820 2. Full Review During Extension Period. In the event that Contractor is 1821 granted an extension to the term of this Agreement as described in Section 2.02, City may conduct one (1) 1822 additional full review during each of the five (5) year extension periods. The purpose of this full review is 1823 described in Section 15.02.3. For each of these full review costs will be apportioned as stated in 15.02.2. 1824 15.02.3 Purpose. The reviews will be designed to verify that customer billing rates have 1825 been properly calculated and they correspond to the level of service received by the customer, verify that 1826 Contractor is correctly billing for all services provided, Franchise Fees, Solid Waste Management Fees and 1827 other fees required under this Agreement have been properly calculated and paid to City, verify Contractor’s 1828 compliance with the reporting requirements and performance standards of this Agreement, verify the 1829 diversion percentages reported by Contractor, and verify any other provisions of the Agreement. City (or its 1830 designated consultant) may utilize a variety of methods in the execution of this review, including, but not 1831 limited to, analysis of relevant documents, on-site and field observations, and interviews. City (or its 1832 designated consultant) will review and document the items in the Agreement that require Contractor to meet 1833 specific performance standards, submit information or reports, perform additional services, or document 1834 operating procedures, that can be objectively evaluated. This information will be documented and be 1835 formatted in a “compliance checklist” with supporting documentation and findings tracked for each of the 1836 identified items. The review will specifically include a determination of Contractor’s compliance with the 1837 diversion requirements of Article 5, and the public outreach and education requirements of Article 18. City 1838 (or its designated consultant) may review the customer service functions and structure utilized by Contractor. 1839 This may include Contractor’s protocol for addressing customer complaints and service interruption 1840 procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and 1841 addressing complaints. On-site and field observations by City (or its designated consultant) may include, but 1842 are not necessarily limited to:
1843 1. Interviews and discussions with Contractor’s administration and management 1844 personnel;
1845 2. Review and observation of Contractor’s customer service functions and 1846 structure;
1847 3. Review of public education and outreach materials; 1848 4. Interviews and discussions with Contractor’s financial and accounting 1849 personnel;
1850 5. Interviews with route dispatchers, field supervisors and managers; 1851 6. Interviews with route drivers;
1852 7. Interviews with vehicle maintenance staff and observation of maintenance 1853 practices; and
1854 8. Review of on-route Collection Services, including observation of driver 1855 performance and collection productivity and visual inspection of residential 1856 routes before and after collection to evaluate cart placement and cleanliness 1857 of streets.
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1858 15.02.4 Contractor’s Cooperation. Contractor shall cooperate fully with the review and 1859 provide all requested data, including operational data, financial data of the type described in Section 15.01.1, 1860 and other data reasonably requested by City within fifteen (15) Work Days of the request. 1861 15.02.5 Additional Billing/Financial Audit and Performance Review. In the event that the 1862 Billing/Financial Audit and Performance Review concludes that Contractor is not in compliance with all terms 1863 and conditions of this Agreement and such non-compliance is material, Contractor is subject to 1864 administrative fees and penalties as described in Exhibit 9 as well as reimbursement to the City for the full 1865 cost of the audit plus any underpayments discovered during the Audit. Additionally, City may conduct an 1866 Additional Billing Audit and Performance Review beyond the three specified in Section 15.02.02, to ensure 1867 that Contractor has cured any such area of non-compliance. Contractor will be responsible for the cost of 1868 any such Additional Billing/Financial Audit and Performance Review for a maximum cost of One-hundred Twenty Thousand Dollars ($120,000) (starting on January 1, 2022 and each January 1st 1869 thereafter, with the 1870 maximum cost for the review adjusted annually by the change in the CPI). For the purposes of a 1871 determination of non-compliance under this Agreement, Audit findings which result in underpayments of 1872 $100,000 or more shall be deemed material.
1873 15.02.6 City Requested Program Review. City reserves the right to require Contractor to 1874 periodically conduct reviews of the SFD and Commercial Garbage, Recyclable Materials, and Organic Waste 1875 collection programs, provided that such reviews are reasonable and can be accomplished at no additional 1876 cost to Contractor and without interfering with Contractor’s operations. Such reviews could assess one or 1877 more of the following performance indicators: average volume of Recyclable Materials per setout per 1878 customer, average volume of Organic Waste per setout per customer, participation level, contamination 1879 levels, etc. Prior to the program evaluation review, City and Contractor will meet and discuss the purpose of 1880 the review and agree on the method, scope, and data to be provided by Contractor. 1881 15.03 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 1882 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 1883 investigate customer participation levels and setout volumes and/or evaluate and monitor program results 1884 related to Garbage, Recyclable Materials and Organic Waste collected in City by Contractor, provided that 1885 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 1886 Contractor’s operations.
1887 Article 16. Collection Equipment
1888 16.01 Equipment Specifications.
1889 16.01.1 General Provisions. All equipment used by Contractor in the performance of 1890 services under this Agreement must be of a high quality and meet all Federal, State, and local regulations 1891 and air quality standards, including all applicable provisions of Ventura County Air Pollution Control District. 1892 Collection vehicles must be designed and operated so as to prevent collected materials from escaping from 1893 the vehicles. Hoppers must be closed on top and on all sides with screening material to prevent collected 1894 materials from leaking, blowing or falling from the vehicles. All trucks and containers must be watertight and 1895 must be operated so that liquids do not spill during Collection or in transit.
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1896 16.01.2 Large Items. Vehicles used for Collection of Large Items may not use compactor 1897 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 1898 gases from pressurized appliances.
1899 16.01.3 Collection Vehicles. Contractor must use new Collection Vehicles at the start of 1900 this Agreement and may not use any Collection Vehicle that is more than ten (10) years old during the term 1901 of the Agreement. Collection Vehicles must utilize low carbon (“alternative”) fuel, which must be renewable 1902 natural gas or electric unless otherwise authorized by the City. If during the term of the Franchise Agreement, 1903 new technologies are available such as hybrid or electric powered collection vehicles, the City or the 1904 Contractor may request/negotiate implementation of such new collection vehicles, with a corresponding 1905 change to the Maximum Service Rates to reflect additional cost or savings. During the Term, to the extent 1906 required by law, Contractor shall provide its Collection Vehicles to be in full compliance with all Applicable 1907 Laws, including State and Federal clean air requirements that are adopted or proposed to be adopted, 1908 including, but not limited to, the California Air Resources Board Heavy Duty Engine Standards as currently 1909 proposed to be contained in California Code of Regulations, title 13, sections 2020 et seq., the Federal 1910 EPA’s Highway Diesel Fuel Sulfur regulations and all other applicable air pollution control laws. 1911 16.01.4 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with 1912 GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum 1913 speed. Contractor shall furnish to the City at no additional cost or expense any software and equipment 1914 necessary for City to track the location of Collection Vehicles in real time and to generate reports as needed. 1915 Collection Vehicles must also be fitted with cameras that are programmed to take photos, date and location 1916 stamped, to document violations, including contamination, overfilling, and lids not closed. GPS and camera 1917 data must be accessible by City.
1918 16.01.5 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may 1919 not use any Collection Vehicle in violation of weight limitations in Applicable Law. The Contractor may 1920 exceed the Collection Vehicle size limitation for a limited time due to extraordinary circumstances or 1921 conditions with the prior written consent of the Agreement Administrator. The limited time may not exceed 1922 120 days. Contractor must report all instances of overweight vehicles to City monthly as part of its quarterly 1923 Franchise Fee submittal described in Section 3.06.2, and as part of its Annual Reports to the City described 1924 in Section 20.03.2. Contractor may be assessed administrative charges as specified in Exhibit 9 as a result 1925 of exceeding an overweight vehicle rate of five percent (5.00%) in any Calendar Year during the term of the 1926 Agreement. The overweight vehicle rate will be calculated as the total number of overweight Collection 1927 Vehicle instances during the Calendar Year, divided by the total number of Collection Vehicle loads 1928 transported during the Calendar Year. Prior to collecting administrative charges for overweight vehicles, the 1929 City shall afford Contractor a reasonable opportunity to provide the Agreement Administrator documentation 1930 of the extraordinary circumstance that caused the overweight vehicles. Extraordinary circumstances in this 1931 particular case include, but may be limited to, heavy rains or high winds that caused excess Green Waste 1932 to be generated, rain to accumulate in open Collection Containers, or normal Collection routes to be delayed 1933 or shortened to extreme weather conditions. The Agreement Administrator shall have authority to consider 1934 Contractor’s documentation and uphold and collect the assessed charge, to reduce the charge, or waive 1935 and dismiss the charge. The Agreement Administrator shall also have the authority to waive charges in 1936 advance of an anticipated, or in response to and actual, emergency event.
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1937 16.01.6 Registration; Inspection. All vehicles used by Contractor in providing Collection 1938 Services under this Agreement, except those vehicles used solely on Contractor’s premises, are to be 1939 registered with the California Department of Motor Vehicles. In addition, each such vehicle must be inspected 1940 by the California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of a request 1941 from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and 1942 any safety compliance report, including, but not limited to, any report issued under California Vehicle Code 1943 sections 34500 and following, as well as the biennial “BIT” inspections conducted by the California Highway 1944 Patrol.
1945 16.01.7 Safety Markings. All Collection equipment used by Contractor must have 1946 appropriate safety markings including, but not limited to, highway lighting, flashing and warning lights, 1947 clearance lights, and warning flags. All such safety markings must be in accordance with the requirements 1948 of the California Vehicle Code, as may be amended from time to time. 1949 16.01.8 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered 1950 without repetition and must have Contractor's name, Contractor’s customer service telephone number, and 1951 the number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side 1952 and the rear of each vehicle. No advertising is permitted other than the name of Contractor, its logo and 1953 registered service marks, except promotional advertisement of the Recyclable Materials and Organic Waste 1954 programs, which is encouraged. City to approve any promotional material of the Recyclable Materials and 1955 Organic Waste Programs affixed to or painted on Contractor’s Collection Vehicles and may require such 1956 promotion to be utilized from time to time in order to encourage correct recycling, reduce contamination, and 1957 provide relevant education. Contractor must repaint all vehicles (including vehicles striping) during the term 1958 of this Agreement on a frequency as necessary to maintain a positive public image as reasonably determined 1959 by the Agreement Administrator, but not less often than once every five years beginning January 1, 2022. 1960 16.01.9 Bin and Roll-off Signage, Painting, and Cleaning. All metal bins and Roll-offs of 1961 any service type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and 1962 Roll-offs must display Contractor’s name, Contractor’s customer service telephone number, and the number 1963 of the Bin or Roll-off and must be kept in a clean and sanitary condition. Bins and Roll-offs should be free of 1964 dents and newly painted at the start of this Agreement, and painted as needed to maintain an orderly 1965 appearance throughout the term of the Agreement, but not less frequently than once every three years. Bins 1966 and Roll-offs may be subject to periodic, unscheduled inspections by City and determination as to sanitary 1967 condition will be made by City.
1968 16.02 Vehicle Certification. For each Collection Vehicle used in the performance of services 1969 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 1970 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 1971 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California 1972 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 1973 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 1974 and reports available for inspection upon request by the Agreement Administrator. 1975 16.02.1 No later than January 1, 2022, Contractor must submit to the Agreement 1976 Administrator verification that each of the Contractor’s Collection Vehicles has passed the California Heavy 1977 Duty Vehicle Inspection. Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to AR000734
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1978 be tested annually in the California Heavy Duty Inspection Program and must, upon request, submit written 1979 verification to City within ten (10) Work Days of the completion of such test. Contractor may not use any 1980 vehicle that does not pass such inspection.
1981 16.03 Equipment Maintenance. Contractor must maintain Collection equipment in a clean 1982 condition and in good repair at all times. All parts and systems of the Collection equipment must operate 1983 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles 1984 at least once a week.
1985 16.04 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 1986 The log must at all times be accessible to City by physical inspection upon request of Agreement 1987 Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date 1988 purchased or initial lease, dates of performance of routine maintenance, dates of performance of any 1989 additional maintenance, and description of additional maintenance performed. 1990 16.05 Equipment Inventory. On or before January 1, 2022 Contractor shall provide to City an 1991 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation 1992 and performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 1993 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of 1994 fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the 1995 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement 1996 Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request 1997 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as 1998 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied 1999 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement. 2000 16.06 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2001 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2002 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2003 contractual duties.
2004 Article 17. Contractor’s Office
2005 17.01 Contractor’s Office. Contractor shall maintain an office or call center where calls and 2006 complaints can be received within Ventura County. Such office must be equipped with enough telephones 2007 that all Collection Service-related calls received during normal business hours are answered by an employee 2008 within five (5) rings. The office must have responsible persons in charge during Collection hours and must 2009 be open during such normal business hours, 8:00 a.m. to 5:00 p.m. on Monday through Friday. Contractor 2010 must provide either a local or toll-free telephone number that connects to the call center, and a telephone 2011 answering service or mechanical device to receive Service Recipient inquiries during those times when the 2012 office is closed. Calls received after normal business hours must be addressed the next Work Day morning. 2013 If call center is not local to Ventura County, Contractor must also maintain a local office within Ventura 2014 County where Contractor can be reached during such normal business hours, 8:00 a.m. to 5:00 p.m. on 2015 Monday through Friday.
2016 17.01.1 Emergency Contact. Contractor must provide the Agreement Administrator with an 2017 emergency phone number where the Contractor can be reached outside of the required office hours.
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2018 17.01.2 Multilingual/TDD Service. Contractor must at all times maintain the capability of 2019 responding to telephone calls in English and such other languages as City may direct. Contractor must at 2020 all times maintain the capability of responding to telephone calls through Telecommunications Device for the 2021 Deaf (TDD) Services.
2022 17.01.3 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2023 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record 2024 all calls including any inquiries, service requests and complaints into a customer service log. 2025 17.01.4 All incoming calls will be answered at the local office or call center within 5 rings. 2026 Any call “on-hold” in excess of 1.5 minutes must have the option to remain “on-hold” or request a “call-back” 2027 from a customer service representative. Contractor’s customer service representatives must return Service 2028 Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one 2029 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all “call backs” must be 2030 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three 2031 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service 2032 Recipient on the next Work Day, Contractor must send a postcard to the Service Recipient on the second 2033 Work Day after the call was received, indicating that the Contractor has attempted to return the call. 2034 Article 18. Contractor Support Services
2035 18.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least one 2036 dedicated full-time Sustainability/Compliance Representative, to conduct site visits and provide outreach 2037 and education in support of meeting Franchise and CalRecycle Diversion requirements and to meet State 2038 mandates associated with AB 939, AB 341, AB 1826, AB 827, AB 1594, SB 1016, and SB 1383, and all 2039 amendments and related subsequent legislation. The Sustainability/Compliance Representative shall be 2040 available as needed to meet with the City and conduct site visits to implement Recycling and Organics 2041 programs in the Service Area at least four days a week throughout the year. 2042 18.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit 2043 and implement an annual (Calendar Year) Sustainability and Compliance Plan (“Plan”), which will guide 2044 Contractor’s staffs’ work efforts. This Plan will include measures to meet diversion targets, increase 2045 diversion, and increase participation of Service Recipients in recycling and organics diversion programs, 2046 and should target certain Recyclable Materials or “problem” areas, including recycling and organics sorting 2047 and contamination, within Contractor’s Service Area where improvements can be maximized. Planned 2048 outreach and education services, and outreach materials should be included as part of the Plan and 2049 updated annually. Targets of outreach should be based on local trends and recycling patterns from data 2050 obtained by both the City and Contractor. Contractor will maintain current and state-of-the-art public 2051 outreach and education services throughout the term of this Agreement by providing outreach materials to 2052 Service Recipients electronically (via email and social media). Contractor must submit first year draft Plan 2053 to the City prior to the start of this Agreement and by August 1st each year thereafter for the term of the 2054 Agreement. City review and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must 2055 revise and submit final Plan to City by April 1, 2022 for first year and thence by November 1st each year 2056 thereafter for the term of the Agreement. Contractor’s Plan is provided in Exhibit 12. Contractor will be 2057 required to expend at least seventy-five thousand dollars ($75,000) per year (as adjusted annually by the AR000736
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2058 CPI Adjustment), for the development of the Plan and its implementation, which may include the annual 2059 subscription cost for the City’s Waste Reporting System but may not include personnel costs associated 2060 with the Sustainability/Compliance Representative. The Sustainability and Compliance Plan must include 2061 the following:
2062 18.02.1. City-specific website. Contractor shall maintain a City-specific website that 2063 fully explains the Contractor’s services and rates, the diversion options available, and allows Service 2064 Recipients to submit service changes, inquiries, complaints or queries. The website must describe and 2065 promote the use of the available Recyclable Materials and Organics services. Contractor’s local website 2066 must provide information specific to the City’s programs. Contractor will ensure that information provided 2067 on the website is maintained and up-to-date. Content will include proper container set out, educational 2068 materials, newsletters and program descriptions.
2069 18.02.2. Recycling resources. Contractor shall maintain accurate list of recyclable 2070 materials on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, 2071 collaborate, and coordinate its recycling outreach and educational materials and activities with the City and 2072 incorporate the City’s input on the Contractor’s recycling resources and programs. 2073 18.02.3. School education and outreach. Contractor shall develop and utilize a 2074 program to educate on proper recycling that offers tools to assist with proper recycling for all ages. 2075 Educational information should include brochures, school resources such as recycling curriculums, kid’s 2076 activity flyers, posters, myth busters, and recycling art activities. Contractor shall develop and distribute 2077 educational material, and conduct onsite outreach annually to all school campuses in the franchise area, 2078 including those in the Conejo Valley Unified School District, private schools, and California Lutheran 2079 University. Materials must be approved by City before distribution. Examples include: recyclable materials 2080 list, recycling tips, battery and bulb education, food waste collection and donation, and HHW education.
Educational material shall be distributed to campuses by mail and/or in person on or before September 30 2081 th annually, and site visits must be completed by November 30th 2082 . 2083 18.02.4. MOR Compliance Notices. Contractor shall send Mandatory Organics 2084 Recycling (MOR) compliance notices quarterly to all eligible Commercial entities and MFDs/MXDs that do 2085 not subscribe to organics collection service with the Contractor, and/or do not provide an alternate method 2086 for diverting organic waste, in conformance with SB 1383 and AB 1826. These notices shall also notify 2087 businesses of requirements under AB 827. Contractor shall mail notifications quarterly on or before the last 2088 day of the month following the end of the quarter. 2089 18.02.5. MCR Compliance Notices. Contractor shall send Mandatory Commercial 2090 Recycling (MCR) compliance notices quarterly to all eligible Commercial entities and MFD’s that do not 2091 subscribe to recycling collection service with the Contractor, and/or do not provide an alternate method for 2092 diverting recyclable materials, in conformance with AB 341. These notices shall also notify businesses of 2093 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the 2094 month following the end of the quarter.
2095 18.02.6. MOR Site Visits. Contractor shall conduct site visits to all eligible 2096 Commercial entities and MFDs/MXDs once per year for the first three years and thereafter every other year 2097 for businesses that subscribe to Organics Collection Service and every year for businesses that do not AR000737
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2098 subscribe to organics collection service in conformance with SB 1383 and AB 1826. Contractor shall conduct visits on or before June 30th 2099 .
2100 18.02.7. MCR Site Visits. Contractor shall conduct site visits to all eligible 2101 Commercial entities and MFDs/MXDs once per year for the first three years and thereafter every other year 2102 for businesses that subscribe to Recycling Collection Service and every year for businesses do not 2103 subscribe to Recycling Collection Service with the Contractor. Contractor shall conduct visits on or before June 30th 2104 .
2105 18.02.8. Waste Audits. Contractor shall complete Recycling and Solid Waste audits 2106 for twenty (20) Commercial or MFD/MXD Service Recipients per month and provide recommendations to 2107 customers on how to improve overall resource efficiency. 2108 18.02.9. Compliance Reporting. Contractor shall report contaminations and 2109 overage issues via the City’s Waste Reporting System. 2110 18.02.10. Right-sizing containers. Contractor must right-size Collection Containers 2111 to maximize diversion from SFD, MFD/MXD and Commercial Service Recipients. 2112 18.02.11. Education and Outreach materials. Contractor must implement public 2113 education and outreach in conformance with applicable laws (e.g. SB 1383, AB 1826, AB 827, AB 939, AB 2114 341, AB 1594, etc.) and in coordination with the City. Contractor shall attend public events and host booths 2115 to promote recycling education and awareness. Contractor will work with City to identify which special 2116 events will be attended. Contractor, together with City, shall work with local media to ensure information on 2117 new programs, events, recycling, organics etc. is communicated to the community. Contractor shall use a 2118 variety of options such as local paper, news, websites, Homeowners Associations, schools and civic groups 2119 to distribute information and education about City solid waste and recycling programs, and events. 2120 Contractor shall distribute educational material to Service Recipients a minimum of once a quarter by mail 2121 or electronically. These materials should include tips on recycling properly, use of organics containers, 2122 composting, battery and electronics education, prevention of contamination issues, proper Collection 2123 Container placement, resource information, and HHW education. 2124 18.02.12. Service Recipient Personnel Training. Contractor shall advise and 2125 educate appropriate personnel (management, employees, janitors, etc.) at MFD/MXD and Commercial 2126 Service Units on methods and recommendations to increase recycling and decrease landfilling including 2127 best practices for recycling, waste reduction and availability and use of in-house recycling containers. 2128 18.02.13. Available Services Notice and Information. At least annually Contractor 2129 must publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range 2130 of services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected, 2131 (ii) procedures for setting out materials, (iii) the days when Garbage Collection Services, Recycling 2132 Services, and Organic Waste Collection Services will be provided, (iv) Contractor’s local customer service 2133 phone number, (v) instructions on the proper filling of Containers, (vi) instructions as to what materials may 2134 or may not be placed in Recyclable Materials or Organic Waste Containers, (vii) how to select container 2135 sizes to maximize diversion, (viii) participation in recycling and organics programs, (ix) the fees for overage 2136 and contamination in the event of non-compliance, (x) the availability of on-premises Collection Services, 2137 including the availability of no-charge on-premises Collection Services for qualified persons, (xi) Large AR000738
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2138 Items Collection Services, (xii) HHW Services, and (xiii) the dates and locations of Free Landfill Days. The 2139 notice must be provided in English, and other languages as directed by the City, and must be distributed 2140 by Contractor no later than February 1st of each year. 2141 18.02.14. Approach to meeting City’s diversion requirements. Contractor must 2142 document approach to meeting City’s diversion requirements by specific diversion program type (SFD, 2143 MFD, Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific 2144 and public education programs. This must include an implementation schedule showing the specific 2145 programs and tasks, milestones, and time frames for meeting the diversion requirements. 2146 18.02.15. Tonnage table. Contractor must provide as part of the Plan, a tonnage 2147 table segregated by SFD, MFD/MXD, Commercial, and Additional Services that estimates tonnages for 2148 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for 2149 each calendar year of the Franchise Agreement.
2150 18.02.16. Environmental Stewardship. Contractor must describe all environmental 2151 management policies and activities related to the solid waste collection service, including the use of 2152 alternative fuel vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled 2153 products throughout operations, internal waste reduction and reuse protocol, water and resource 2154 conservation activities within facilities (design, construction and operation), compliance with laws governing 2155 e-waste, HHW, and u-waste, and use of non-toxic products when possible. 2156 18.03 News Media Relations. Contractor will work with local media to ensure information is 2157 communicated to community (new programs, events, recycling information, etc.). Contractor to use options, 2158 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the 2159 City Representative by e-mail or phone of all requests for news media interviews related to the services 2160 covered under this Franchise Agreement within one (1) Work Day of Contractor’s receipt of the request. 2161 When practicable, before responding to any inquiries involving controversial issues or any issues likely to 2162 affect participation or customer’s perception of services, Contractor will discuss Contractor’s proposed 2163 response with the City Agreement Administrator.
2164 18.05 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling 2165 and/or Organic Waste programs by identifying “recycling all-stars” for recognition at a City Council meeting 2166 during each November, beginning November 2022.
2167 18.06. News Media Requests. Contractor will notify the Agreement Administrator by e-mail or 2168 phone of all requests for news media interviews related to the services covered under this Agreement within 2169 one (1) Work Day of Contractor’s receipt of the request. When practicable, before responding to any 2170 inquiries involving controversial issues or any issues likely to affect participation or Service Recipient’s 2171 perception of services, Contractor will discuss Contractor’s proposed response with the Agreement 2172 Administrator.
2173 i. Copies of draft news releases or proposed trade journal articles that use the name 2174 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2175 prior review and approval at least five (5) working days in advance of release, except where Contractor is 2176 required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, AR000739
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2177 in which case Contractor must submit such materials to City simultaneously with Contractor’s submittal to 2178 such regulatory agency.
2179 ii. Copies of articles resulting from media interviews or news releases that use the 2180 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2181 after publication.
2182 18.07. Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics 2183 Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. 2184 Stickers must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 6). 2185 18.08. Mulch or Compost Delivery. At no cost to the City, Contractor must provide City with mulch 2186 or compost materials (i.e., “Recovered Organic Materials”) at a volume to allow the City to comply with SB 2187 1383. Contractor must deliver mulch or compost materials at a time and location mutually agreeable 2188 between the City and Contractor. Delivered mulch or compost can be in bulk form or bagged. 2189 18.09. Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2190 the City’s Edible Food Recovery program as required under SB 1383. Contractor support may include 2191 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2192 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste 2193 and Green Waste surveys and diversion programs by providing accurate and timely service data, 2194 conducting site visits, and distributing materials. 2195 18.010. Programs and Services. Contractor must provide additional educational and outreach 2196 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2197 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach 2198 a mutually agreed upon price for the requested service or program, City has the right to procure the service 2199 of other vendors or contractors to provide the requested service. 2200 18.011. Transition Plan. Contractor must adhere to the approved Transition Plan in Exhibit 10 that 2201 describes the timeline, milestones and schedule of actions/events for the provision of new services. 2202 Beginning on the Effective Date and for the following twelve (12) months, the Contractor must meet with 2203 key City staff on a monthly basis to review, at a minimum, program performance, current and anticipated 2204 activities, specific outreach performed to promote high participation in diversion programs, ability for Service 2205 Recipients to change service levels, awareness of and participation in Bulky Waste Collection, methods to 2206 monitor contamination, Service Recipient service messaging on diversion programs. Starting in January 2207 2023, at the City’s option, the frequency of meetings may be reduced. 2208 18.012. Operations Plans. Contractor must adhere to the Operations Plans attached as Exhibits 13 2209 – 15 that present the specific collection and processing programs that will be implemented in the City. 2210 i. Collection Service Operations Plan. See Exhibit 13. 2211 ii. Street Sweeping Operations Plan. See Exhibit 14. 2212 iii. HHW Home Collection Operations Plan. See Exhibit 15.
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2213 Article 19. Emergency Service
2214 19.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2215 natural disaster, or other such event, the Agreement Administrator may grant the Contractor a variance from 2216 regular routes and schedules, which will not be withheld unreasonably. As soon as practicable after such 2217 event, Contractor must advise the Agreement Administrator when it is anticipated that normal routes and 2218 schedules can be resumed. The Agreement Administrator will make an effort through the local news media 2219 to inform the public when regular services may be resumed. The clean-up from some events may require 2220 that Contractor hire additional equipment, employ additional personnel, or work existing personnel on 2221 overtime hours to clean debris resulting from the event. Contractor will receive additional compensation, 2222 above the normal compensation contained in this Agreement, to cover the costs of rental equipment, 2223 additional personnel, overtime hours and other documented expenses based on the rates set forth in Exhibit 2224 1 provided Contractor has first secured written authorization and approval from City through the Agreement 2225 Administrator. City will be given equal priority and access to resources as with other franchise jurisdictions 2226 held by Contractor or its affiliates.
2227 19.02 Disaster Recovery Support. In the event of a tornado, major storm, earthquake, fire, natural 2228 disaster, or other such event, Contractor agrees to provide disaster recovery support to a reasonable degree, 2229 upon request by Agreement Administrator. This may include additional hauling of debris, special handling 2230 such as burrito wrapping, temporary storage of debris where feasible, additional disposal, use of different 2231 transfer and disposal facilities, and documentation of debris type, weight, and diversion. Contractor should 2232 follow protocol laid out in the County of Ventura’s Disaster Debris Plan (1999) and any subsequent County 2233 or City Disaster Debris Plans, as applied to solid waste hauling and handling. 2234 Article 20. Record Keeping and Reporting Requirements 2235 20.01 Record Keeping. Notwithstanding Article 45 herein:
2236 20.01.1 Accounting Records. Contractor must maintain full, complete and separate 2237 financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Collection 2238 Services, prepared on an accrual basis in accordance with generally accepted accounting principles. Such 2239 records will be subject to audit, copy, and inspection for the purposes set forth in Section 15.02.3. Gross 2240 receipts derived from provision of the Collection Services, whether such services are performed by 2241 Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of 2242 Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period of 2243 not less than four (4) years following expiration or other termination hereof, full, complete and accurate 2244 records, including all cash, billing and disposal records, as indicated in the Agreement. 2245 1. City reserves the right to request audited, reviewed, or compiled financial 2246 statements prepared by an independent Certified Public Accountant, or as may be provided by Contractor 2247 or its parent company. In the event that Contractor does not maintain separate financial or accounting 2248 records prepared specifically for services provided under this Agreement, Contractor may use industry 2249 standard allocation methods to provide financial information as applicable to the service provided under this 2250 Agreement.
2251 20.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2252 of (i) Residential, MFD/MXD and Commercial Solid Waste Collected and disposed under the terms of this AR000741
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2253 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for 2254 no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type, 2255 Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under 2256 the terms of this Agreement
2257 20.01.3 Other Records. Contractor must maintain all other records reasonably related to 2258 provision of Collection Services, whether or not specified in this Agreement. 2259 20.01.4 Report Format. All reports to be submitted in a format approved by the City, 2260 including electronic data submission in the City’s Waste Reporting System and in a format specified by the 2261 City.
2262 20.02 Quarterly Reporting.
2263 20.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last 2264 day of the month following the end of Quarter in which the receipts are collected and must be provided 2265 electronically using software acceptable to the City. If the last day of the month falls on a day that City is 2266 closed or a holiday, then the report will be due on the next business day. Failure to submit complete quarterly 2267 reporting by the due date will result in penalties as specified in Exhibit 9. 2268 20.02.2 City Reports. Quarterly reports to City must include:
2269 1. Franchise Fee and Solid Waste Management Fee Payment Reporting. 2270 The payment report must include an accounting of Contractor’s Gross Revenues received during the 2271 preceding quarter, and the calculated Franchise Fee and Solid Waste Management Fee. 2272 2. Franchised Tonnage and Service Data. Contractor must report the number 2273 of unique Residential accounts serviced, the number of unique Commercial and MFD/MXD accounts 2274 serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed for 2275 diversion broken down by Container type, Residual amounts from Recycling and Organic Waste diversion 2276 operations that are landfilled. Quantities should be broken down by SFD, MFD/MXD, Commercial, and City 2277 Service Collection Services. MXD properties must have tonnage assigned appropriately to Residential and 2278 Commercial generators.
2279 3. Overweight Vehicle Reporting. The quarterly report must include a 2280 summary total of all instances of overweight Collection Vehicles. This summary must include the number of 2281 overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2282 transported during the reported quarter.
2283 4. Non-Collection. The quarterly report must include a summary of each 2284 Service Unit receiving a Non-Collection Notice in the previous quarter along with a description for the Non2285 Collection Notice. 2286 5. On-hold. The quarterly report must include each Service Unit that was not 2287 billed in the previous quarter due to vacation hold, vacancy etc. 2288 6. Collection Overage Charges. The quarterly report must include each 2289 Service Unit incurring a charge for a Solid Waste Overage in the previous quarter. 2290 7. Contamination Reporting. To the extent required by Applicable Law, the 2291 quarterly report must include a summary of all instances of qualifying contamination under the procedures 2292 in Section 3.10. This summary must include the total number of accounts where contamination occurred, AR000742
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2293 the total number of Contamination Violation Notices issued by Contractor to Service Recipients, a list of 2294 accounts where such notices occurred, and the total number of instances where Collection Container size 2295 or Collection frequency was increased specifically due to contamination. Within twenty (20) Work Days of 2296 request by City, Contractor will provide copies of the Contamination Violation Notices and the digital 2297 documentation of contamination.
2298 8. Service Recipient Complaint Log. The quarterly report must include the 2299 Service Recipient call log collected from the previous quarter as required in Section 17.01 of this Agreement. 2300 20.03 Annual Reporting.
2301 20.03.1 General. An annual report must be submitted no later than 5 p.m. PT on April 1, 2023 and each April 1st thereafter for the previous Calendar Year. If April 1st 2302 falls on a day that City is closed, 2303 then the report will be due on the next business day. Annual reports must be submitted in hard copy and 2304 must also be provided electronically in software acceptable to the City. Failure to submit complete quarterly 2305 by the due date will result in penalties as specified in Exhibit 9. 2306 20.03.2 City Reports. Annual reports to City must include:
2307 1. Financial Report. Contractor must prepare an annual Financial Report for 2308 submittal to the City. At a minimum, the Financial Report must include the number of SFD Service Units, 2309 Commercial and MFD/MXD Service Units provided with Collection Services by Service Type, container size, 2310 frequency of service and current billing rate including any additional services, the Contractor’s gross billing 2311 and amount collected for each type of Service Unit, and the amount received for the sale of Recyclable 2312 Materials.
2313 2. Financial Statements. Contractor must submit annual financial statements 2314 for the local operation. Statements need not be reviewed or audited statements. 2315 3. Annual Sustainability and Compliance Report. Contractor must complete 2316 and submit data sections within their Sustainability and Compliance Plan to document education and 2317 outreach conducted, public event participation, school visits, compliance notices mailed, site visits, waste 2318 audits completed, information distributed, and media used, and community events hosted. This must include 2319 public education activities undertaken during the year, including distribution of bill inserts, collection 2320 notification tags, community information and events, tours and other activities related to the provision of 2321 Collection Services, and must discuss the impact of these activities on recycling program participation and 2322 include amounts collected from SFD, MFD/MXD and Commercial Service Units. The report should include 2323 a complete list of all non-exempt commercial accounts, which includes each non-exempt account’s status 2324 as a “covered generator” under AB 341, AB 1826 and SB 1383, the date and status of Contractor’s outreach 2325 efforts at each non-exempt account, and the current level of Recycling and Organics program participation 2326 at each non-exempt account.
2327 4. Summary of Programs. An analysis of any Recycling and Organic Waste 2328 Collection, processing and marketing issues or conditions (such as participation, setouts, contamination, 2329 etc.) and possible solutions, discussed separately for SFD and Commercial programs. 2330 5. Solid Waste Data. The number of SFD, MFD/MXD and Commercial 2331 Service Units and the number of Collection Containers distributed by size and Service Unit type.
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2332 6. Waste Characterization Data. A breakdown of Residential and 2333 Commercial waste (Garbage, Recycling, and Organics) by material type as per CalRecycle material 2334 classifications.
2335 7. Recycling Data. Gross tons Collected daily on average by material type by 2336 route for SFD and Commercial Recycling service, with map of routes. The average participation rates by 2337 quarter relative to the total number of Service Units by Service Unit type. Indicate, by material type (and 2338 grade where appropriate), annual totals of Recyclable Materials processed including facility name and 2339 location, average cost or price received per ton and total recycling cost or revenue received for the year. 2340 Indicate any quantities, by material type, donated or otherwise disbursed without compensation. Indicate 2341 number of Recycling Collection Containers distributed by size and Service Unit type. Also provide annual 2342 totals and location for residue disposed.
2343 8. Organic Waste Data. Include average daily gross tons Collected by route, 2344 separated by Green Waste and Food Waste, with map of routes. Include the total number of generators that 2345 receive each type of Organic Waste Collection Service provided by the Contractor. Indicate average daily 2346 number of set-outs by route. Indicate average participation rates relative to the total number of Service Units 2347 in terms of weekly set-out counts. Indicate number of Organic Waste Collection Containers distributed by 2348 size and Service Unit type. Indicate, by material type, annual totals of Organic Materials processed including 2349 facility name and location, average cost or price received per ton and total organics cost or revenue received 2350 for the year. Provide totals and location for Residue Disposed. Include the number of route reviews 2351 conducted for prohibited contaminants and the number of Non-Collection Notices issued to Service 2352 Recipients.
2353 9. Customer Service Log. A copy of the customer service log, including a 2354 summary of the type and number of complaints and their resolution. Copies of a written record of all calls 2355 related to missed pickups and responses to such calls. 2356 10. Green Pages. A copy of Contractor’s most recent “Green Pages” (i.e., 2357 customer call center “cheat sheet”) for the City of Thousand Oaks, or the equivalent information used by 2358 customer service representatives if the “Green Pages” are renamed or otherwise reworked during the term 2359 of this Agreement.
2360 11. Overweight Vehicle Data. A summary of all instances of overweight 2361 Collection Vehicles. This summary must also include the number of overweight vehicle instances as a 2362 percentage of the total number of Collection Vehicle loads transported during the Calendar Year. 2363 12. Summary Narrative. A summary narrative of problems encountered with 2364 Collection and processing activities and actions taken. Indicate type and number of Non-Collection Notices 2365 left at Service Recipient locations. Indicate instances of property damage or injury, significant changes in 2366 operation, market factors, publicity conducted, needs for publicity. Include description of processed material 2367 loads rejected for sale, reason for rejection and disposition of load after rejection. 2368 13. Collection Container and Vehicle Inventory. An updated complete 2369 inventory of Collection Containers by type and size, and an updated complete inventory of Collection 2370 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2371 license plate number, fuel type and vehicle make and model.
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2372 14. Diversion Rate. Contractor must provide documentation acceptable to City 2373 in its reasonable judgment stating and supporting the Calendar Year’s Franchise Diversion Rate, as 2374 calculated in accordance with the provisions of Article 5. Any tonnages diverted and disposed from large 2375 venues and events during the reporting period will be counted towards the calculated diversion rate. 2376 15. AB 341, AB 1826, and SB 1383 Compliance Data. Contractor must report 2377 the total number of Commercial and MFD/MXD Service Units serviced and the number of containers, 2378 container sizes and frequency of collection for Garbage, Recyclable Materials and Organic Waste for each 2379 non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide the following information 2380 separately for both AB 341 and AB 1826:
2381 16. The total number of non-exempt Commercial and MFD/MXD Service Units 2382 that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt Commercial 2383 and MFD/MXD Service Units that are not subscribed to Commercial or MFD/MXD Recycling Collection 2384 Service or Commercial or MFD/MXD Organics Collection Service. 2385 17. A summary of the type of follow-up outreach that was provided to those 2386 non-exempt Commercial and MFD/MXD Service Units that are not subscribed to Commercial or MFD/MXD 2387 Recycling Collection Service or Commercial or MFD/MXD Organics Collection Service. 2388 20.04 Diversion Calculation and Data. By 5 p.m. PT on February 15, 2023 and annually thereafter 2389 during the term of this Agreement, Contractor must deliver to City, in the format specified by City, the 2390 Calendar Year’s Franchised Diversion Rate, as calculated in accordance with the provisions of Article 5. Any 2391 tonnages diverted and disposed from large venues and events during the reporting period will be counted 2392 towards the calculated diversion rate.
2393 20.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 2394 annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying 2395 required data for preparation of the reports, and completing all required data input in the Waste Reporting 2396 System.
2397 20.05.1 In the event that CalRecycle requires City to report an Implementation Schedule 2398 to comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide 2399 assistance to City in preparing a report, including Contractor’s policies and procedures related to compliance 2400 with AB 341, AB 1826, SB 1383, and other Applicable Laws and how recycling or organics are collected, a 2401 description of the geographic area, routes, list of addresses served and a method for tracking contamination, 2402 copies of route audits, copies of notice of contamination, copies of notices, violations, education and 2403 enforcement actions issued, and copies of educational materials, flyers, brochures, newsletters, website, 2404 and social media.
2405 20.06 Waste Characterization Audit. Contractor must conduct statistically-valid waste audits of 2406 Residential and Commercial Service Recipients’ waste once annually, including Recycling, Garbage, and 2407 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 20.03). 2408 Material types and guidance should follow CalRecycle requirements and/or recommendations. 2409 20.07 Additional Reporting. Contractor must furnish City with any additional reports as may 2410 reasonably be required, such reports to be prepared within a reasonable time following the reporting period.
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2411 Article 21. Nondiscrimination
2412 21.01 Nondiscrimination. In the performance of all work and services under this Agreement, 2413 Contractor may not discriminate against any person based on such person’s race, sex, color, national origin, 2414 religion, marital status or sexual orientation. Contractor must comply with all applicable local, State and 2415 Federal laws and regulations regarding nondiscrimination, including those prohibiting discrimination in 2416 employment.
2417 Article 22. Service Inquiries and Complaints
2418 22.01 Contractor’s Customer Service. All service inquiries and complaints will be directed to 2419 Contractor. A representative of Contractor must be available to receive the complaints during normal 2420 business hours. Contractor is required to utilize the City’s Customer Relationship Management System 2421 (CRMS) for handling of customer complaints received by the City for hauling, street sweeping, storm drain 2422 cleaning, and any other services under this Agreement. Contractor must participate in mandatory CRMS 2423 training before utilizing system. All service complaints will be handled by Contractor in a prompt and efficient 2424 manner. CRMS cases must be addressed and resolved within 3 Work Days. In the case of a dispute between 2425 Contractor and a Service Recipient, the matter will be reviewed, and a decision made by the Agreement 2426 Administrator.
2427 22.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 2428 and complaints in a manner prescribed by City.
2429 22.01.2 For those complaints related to missed Collections, where Containers are properly 2430 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service Unit 2431 address and Collect the missed materials before leaving the Service Area for the day. For those complaints 2432 related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will have until 2433 the end of the following Work Day to resolve the complaint. For those complaints related to repair or 2434 replacement of Collection Containers, the appropriate Sections of this Agreement will apply. 2435 22.01.3 Contractor agrees that it is in the best interest of City that all Residential Garbage, 2436 Recyclable Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed 2437 Collections will normally be Collected as set forth above regardless of the reason that the Collection was 2438 missed. However, in the event a Service Recipient requests missed Collection service more than two (2) 2439 times in any consecutive two (2) month period the Agreement Administrator will work with Contractor to 2440 determine an appropriate resolution to that situation. In the event Contractor believes any complaint to be 2441 without merit, Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator 2442 will investigate all disputed complaints and render a decision. 2443 22.01.4 Contractor’s service and emergency telephone numbers must be accessible by a 2444 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area’s 2445 telephone directories under Contractor’s name in the White Pages and available through an online search 2446 and listed on the Contractor’s website.
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2447 Article 23. Quality of Performance of Contractor
2448 23.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering 2449 into this Agreement is to ensure that the Collection Services are of the highest caliber, that Service Recipient 2450 satisfaction remains at the highest level, that maximum diversion levels are achieved, and that materials 2451 Collected are put to the highest and best use to the extent possible. 2452 23.02 Service Supervisor. Contractor must assign a qualified supervisor to be in charge of the 2453 Collection Service within the Service Area and must provide the name of that person in writing to the 2454 Agreement Administrator within thirty (30) days prior to the effective date of this Agreement, and annually by January 1st 2455 of each subsequent Calendar Year of the term of this Agreement, and any other time the 2456 person in that position changes. The supervisor must be physically located in the Service Area and available 2457 to the Agreement Administrator through the use of telecommunication equipment at all times that Contractor 2458 is providing Collection Services. In the event the supervisor is unavailable due to illness or vacation, 2459 Contractor must designate an acceptable substitute who will be available and who has the authority to act 2460 in the same capacity as the supervisor.
2461 23.03 Agreement Manager. Contractor must designate an Agreement Manager and must provide 2462 the name of that person in writing to City within thirty (30) days prior to the effective date of this Agreement and annually by January 1st 2463 of each subsequent Calendar Year of this Agreement and any other time the 2464 person in that position changes. The Contract Manager must be available to the City through the use of 2465 telecommunications equipment at all times that Contractor is providing Collection Services in the Service 2466 Area. The Contract Manager must provide City with an emergency phone number where the Contract 2467 Manager can be reached outside of normal business hours. 2468 23.04 Administrative Charges and Penalties. Quality performance by the Contractor is of primary 2469 importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed 2470 in Exhibit 9 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 2471 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 2472 will necessarily suffer damages and that such damages, from the nature of the default in performance will 2473 be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 2474 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 2475 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. 2476 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact 2477 that: (i) substantial damage results to members of the public who are denied services or denied quality or 2478 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits 2479 of this Agreement to individual members of the general public for whose benefit this Agreement exists, in 2480 subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary 2481 terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary 2482 loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in 2483 precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies 2484 are, at best, a means of future correction and not remedies which make the public whole for past breaches. 2485 23.05 Procedure for Review of Administrative Charges. The Agreement Administrator may 2486 assess administrative charges and penalties as specified in Exhibit 9 pursuant to this Agreement monthly.
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2487 At the end of each month during the term of this Agreement, the Agreement Administrator will issue a written 2488 notice to Contractor (“Notice of Assessment”) of the administrative charges assessed and the basis for each 2489 assessment.
2490 23.05.1 The assessment will become final unless, within ten (10) calendar days of the date 2491 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 2492 present evidence that the assessment should not be made. 2493 23.05.2 The Agreement Administrator will schedule a meeting between Contractor and the 2494 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 2495 23.05.3 The City Manager will review Contractor’s evidence and render a decision 2496 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written 2497 notice of the decision will be provided to Contractor. 2498 23.05.4 In the event Contractor does not submit a written request for a meeting within ten 2499 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator’s determination 2500 will be final.
2501 23.05.5 City’s assessment or collection of administrative charges will not prevent City from 2502 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure 2503 to perform the work and services in the manner set forth in this Agreement. 2504 23.06 Uncontrollable Circumstances.
2505 23.06.1 If either party is prevented from or delayed in performing its duties under this 2506 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 2507 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 2508 other natural disasters, the threat of such natural disasters, pandemics (or threat of same), quarantines, civil 2509 disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts, or other labor 2510 disturbances, acts of government or governmental restraint or other causes, whether of the kind enumerated 2511 or otherwise, that are not reasonably within the control of the affected party, then the affected party will be 2512 excused from performance hereunder during the period of such disability. 2513 23.06.2 The party claiming excuse from performance must promptly notify the other party 2514 when it learns of the existence of such cause, including the facts constituting such cause, and when such 2515 cause has terminated.
2516 23.06.3 The interruption or discontinuance of services by a party caused by circumstances 2517 outside of its control will not constitute a default under this Agreement. 2518 Article 24. Performance Bond
2519 24.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 2520 this Agreement, Contractor must furnish to City, and keep current, a performance bond, for the faithful 2521 performance of this Agreement and all obligations arising hereunder in an amount as follows:
2522 24.01.1 From July 1, 2020 and so long as this Agreement or any extension thereof remains 2523 in force, Contractor must maintain a performance bond in the amount of two million dollars ($2,000,000).
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2524 1. The performance bond must be executed by a surety company licensed 2525 to do business in the State of California; having an "A-" or better rating by A. M. Best or Standard and Poor; 2526 and included on the list of surety companies approved by the Treasurer of the United States. 2527 2. In the event City draws on the bond, all of City’s costs of collection and 2528 enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor. 2529 3. The Performance Bond must be renewed annually for the entire term of 2530 the Agreement and evidence must be provided to City annually. 2531 Article 25. Insurance
2532 25.01 Insurance Policies. Contractor must secure and maintain throughout the term of this 2533 Agreement insurance against claims for injuries to persons or damages to property which may arise from or 2534 in connection with Contractor’s performance of work or services under this Contract. Contractor’s 2535 performance of work or services includes performance by Contractor’s employees, agents, representatives 2536 and subcontractors.
2537 25.02 Minimum Scope of Insurance. Insurance coverage must be at least this broad:
2538 25.02.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96) covering Comprehensive 2539 General Liability and Insurance Services Office Form No. GL 0404 covering Broad Form Comprehensive 2540 General Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form 2541 CG 0001), including X, C, U where applicable.
2542 25.02.2 Insurance Services Office Form No.CA 0001 (Ed. 12/93) covering Automobile 2543 Liability, code 1 “any auto”, or code 2 “owned autos” and endorsement CA 0025. Coverage must also include 2544 code 8, “hired autos” and code 9 “non-owned autos”. 2545 25.02.3 Workers’ Compensation insurance as required by the California Labor Code and 2546 Employers Liability Insurance.
2547 25.02.4 Environmental Pollution Liability Insurance. 2548 25.03. Minimum Limits of Insurance. Contractor must maintain insurance limits no less than:
2549 25.03.1. Comprehensive General Liability: $3,000,000 combined single limit per occurrence 2550 for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a 2551 general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement 2552 or the general aggregate limit must be $5,000,000. 2553 25.03.2 Automobile Liability: $10,000,000 combined single limit per accident for bodily injury 2554 and property damage.
2555 25.03.3 Workers’ Compensation and Employers Liability: Workers’ Compensation limits as 2556 required by the California Labor Code and Employers Liability limits of $1,000,000 per accident. 2557 25.03.4 Environmental Pollution Liability: $3,000,000 per occurrence and $5,000,000 2558 aggregate, with five (5) years tail coverage. Coverage shall include bodily injury or property damage arising 2559 out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 2560 pollutants resulting from Contractor’s operations.
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2561 25.03.5 If Consultant maintains higher limits than the minimum shown above, the City 2562 requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any 2563 available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be 2564 available to the City.
2565
2566 25.03 Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be 2567 declared to City’s risk manager. Should City form a reasonable belief that Contractor may be unable to pay 2568 any deductibles or self-insured retentions, Contractor must procure a bond guaranteeing payment of losses 2569 and related investigations, claim administration and defense expenses in an amount specified by City’s risk 2570 manager.
2571 25.04 Endorsements. The policies are to contain, or be endorsed to contain, the following 2572 provisions:
2573 25.04.1 General Liability, Automobile and Environmental Liability Coverage. 2574 1. City, its officers, employees, agents and contractors are to be covered as 2575 additional insureds as respects: Liability arising out of activities performed by, or on behalf of, Contractor; 2576 products and completed operations of Contractor; premises owned, leased or used by Contractor; and 2577 automobiles owned, leased, hired or borrowed by Contractor. The coverage must contain no special 2578 limitations on the scope of protection afforded to City, its officers, employees, agents and contractors. 2579 2. Contractor’s insurance coverage must be primary insurance as respects 2580 City, its officers, employees, agents and contractors. Any insurance, or self-insurance maintained by City, 2581 its officers, employees, agents or contractors will be in excess of Contractor’s insurance and will not 2582 contribute with it.
2583 3. Any failure to comply with reporting provisions of the policies will not affect 2584 coverage provided to City, its officers, employees, agents, or contractors. 2585 4. Coverage must State that Contractor’s insurance will apply separately to 2586 each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s 2587 liability.
2588 25.04.2 All Coverage. Each insurance policy required by this Agreement must be endorsed 2589 to State that coverage may not be canceled except after thirty (30) calendar days (ten (10) days in the event 2590 of cancellation for non-payment) prior written notice has been given to City. Moreover, Contractor will not 2591 order the cancellation of any required insurance policy or change in insurance policy limits without thirty (30) 2592 days prior written notice to City by Contractor.
2593 25.05 Acceptability of Insurers. Insurance is to be placed with insurers having an A.M. Best rating 2594 of A-/VII or better.
2595 25.06 Verification of Coverage. Contractor must furnish City with certificates of insurance and 2596 with original endorsements affecting coverage required by this Agreement. The certificates and endorsement 2597 for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its AR000750
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2598 behalf. Contractor must furnish City with a new certificate of insurance and endorsements on each renewal 2599 of coverage or change of insurers.
2600 25.06.1 Proof of insurance must be mailed to the following address or any subsequent 2601 address as may be directed by the City:
2602 City of Thousand Oaks Public Works Department
2603 Attn: Sustainability Division Manager
2604 2100 Thousand Oaks Blvd.
2605 Thousand Oaks, CA 91362
2606 25.07 Subcontractors. Contractor must include all subcontractors performing services in the City 2607 as insureds under its policies or subcontractors must obtain separate certificates and endorsements. 2608 25.08 Modification of Insurance Requirements. The insurance requirements provided in this 2609 Agreement may be modified or waived by City’s risk manager, in writing, upon the request of Contractor if 2610 City’s risk manager determines such modification or waiver is in the best interest of City considering all 2611 relevant factors, including exposure to City.
2612 25.09 Rights of Subrogation. All required insurance policies must preclude any underwriter's 2613 rights of recovery or subrogation against City with respect to matters related to Contractor’s performance of 2614 its obligations under this Agreement, with the express intention of the parties being that the required 2615 insurance coverage protects both parties as the primary coverage for any and all losses covered by the 2616 above-described insurance. Contractor must ensure that any companies issuing insurance to cover the 2617 requirements contained in this Agreement agree that they will have no recourse against City for payment or 2618 assessments in any form on any policy of insurance. The clauses ‘Other Insurance Provisions’ and ‘Insured 2619 Duties in the Event of an Occurrence, Claim or Suit’ as it appears in any policy of insurance in which City is 2620 named as an additional insured will not apply to City. 2621 25.10 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 2622 required by this Agreement, Contractor shall have 7 days to cure the defect, during which time City shall 2623 have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste hauler 2624 services to perform Contractor's tasks until insurance coverage is resumed; or (ii) obtain replacement 2625 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 2626 option to terminate this Agreement immediately.
2627 Article 26. Hold Harmless and Indemnification
2628 26.01 Hold Harmless for Consultant's Damages. Contractor holds City, its elected officials, 2629 officers, agents, employees and volunteers, harmless from all of Contractor’s claims, demands, lawsuits, 2630 judgments, damages, losses, injuries or liability to Contractor, to Contractor’s employees, to Contractor’s 2631 contractors or subcontractors, or to the owners of Contractor’s firm, which damages, losses, injuries or 2632 liability occur during the work or services required under this Agreement, or performance of any activity or 2633 work required under this Agreement.
2634
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2635 26.02 Defense and Indemnity of Third Party Claims/Liability. Contractor shall indemnify, defend 2636 with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers 2637 from and against all liability including, but not limited to, loss, damage, expense, cost (including without 2638 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature 2639 arising out of or in connection with Contractor’s negligence, recklessness or willful misconduct in the 2640 performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, 2641 except such loss or damage which is caused by the active negligence or willful misconduct of City. Should 2642 conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or 2643 should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its 2644 costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs 2645 and fees of litigation. The Contractor shall promptly pay City any final judgment rendered against City (and 2646 its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have 2647 been the result of Contractor’s negligent, reckless or wrongful performance. It is expressly understood and 2648 agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of 2649 the State of California and will survive termination of this Agreement. 2650 26.02.1 Contractor’s obligations under this section apply regardless of whether or not such 2651 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or 2652 penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the 2653 rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold 2654 harmless City for liability attributable to the active negligence of City, provided such active negligence is 2655 determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances 2656 where City is shown to have been actively negligent and where City’s active negligence accounts for only a 2657 percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage 2658 of liability not attributable to the active negligence of City. 2659
2660 26.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 2661 defense or hold harmless rights under this section because of the acceptance by City, or the deposit with 2662 City, of any insurance certificates or policies described in Section 25. 2663
2664 26.04 Diversion Indemnification. Subject to the requirements of Public Resources Code section 2665 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees 2666 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all 2667 attorneys’ fees, and to indemnify and hold City Indemnitees harmless from and against all fines or penalties 2668 imposed by the California Integrated Waste Management Board if the diversion goals specified in California 2669 Public Resources Code section 41780, as it may be amended, are not met by City with respect to the 2670 Materials Collected by Contractor and if the lack in meeting such goals are attributable to the failure of 2671 Contractor to implement and operate the recycling or diversion programs or undertake the related activities 2672 required by this Agreement. In the event CalRecycle provides an administrative process to challenge the 2673 imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging any 2674 consultants or attorneys necessary to represent City in any challenge. Contractor will be responsible for the 2675 retention of and payment to any consultants engaged to perform waste generation studies (diversion and AR000752
DPW: 810-40\etm\Council\2021\030921\Exclusive Solid Waste Franchise Agreement Award.docx
2676 disposal). All consultants and attorneys engaged hereunder are subject to the agreement of City and 2677 Contractor.
2678 26.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 2679 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any 2680 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting 2681 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health & 2682 Safety Code or other similar Federal, State or local law or regulation, with respect to Solid Waste or 2683 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended 2684 to operate as an agreement pursuant to Section 107(e) of CERCLA and Section 25364 of the Health & 2685 Safety Code to defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability 2686 under CERCLA, the Health & Safety Code or other similar Federal, State or local law or regulation. 2687 26.06 Proposition 218 Release. City intends to comply with all applicable laws concerning the 2688 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 2689 good faith determination that the Maximum Service Rates for the Solid Waste Collection Services provided 2690 under this Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among 2691 other reasons, such services are provided by a private corporation and not by City pursuant to Article 5, 2692 Contractor independently establishes the rates for services within the limits established in this Agreement, 2693 the receipt of services is voluntary and not required of any property within City, and any owner or Service 2694 Recipient of property within City has the opportunity to avoid the services available under this Agreement 2695 either through self-hauling or use of property in such a manner that Solid Waste is not generated. 2696 Accordingly, Contractor agrees to hold harmless and release the City Indemnitees from and against any and 2697 all claims Contractor may have against the City Indemnitees resulting in any form from the Maximum Service 2698 Rates provided for under this Agreement or in connection with the application of California Constitution 2699 Article XIIIC and Article XIIID to the imposition, payment or collection of the rates under this Agreement. This 2700 Section will survive the expiration or termination of this Agreement for Claims arising prior to the expiration 2701 or termination of this Agreement.
2702 26.07 Consideration. It is specifically understood and agreed that the consideration inuring to 2703 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and 2704 responsibilities contained in this Agreement.
2705 26.08 Obligation. This Agreement obligates Contractor to comply with the foregoing 2706 indemnification and release provisions; however, the collateral obligation of providing insurance must also 2707 be complied with as set forth in this Agreement.
2708 26.09 Subcontractors. Contractor must require all subcontractors performing work in the City to 2709 enter into a contract containing the provisions set forth in Section 25.01 in which contract the subcontractor 2710 fully indemnifies City in accordance with this Agreement. 2711 26.10 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to 2712 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability, 2713 penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active 2714 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or 2715 employees.
AR000753
DPW: 810-40\etm\Council\2021\030921\Exclusive Solid Waste Franchise Agreement Award.docx