Vista City Council
May 10, 2022

ACTION:

Clerk/Secretary
Department: Public Works Item No:

Prepared by: Joshua Sino Cruz, Management Analyst Meeting Date: May 10, 2022 Approved by:

Kuna Muthusamy, Public Works Director
Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: EDCO FRANCHISE AGREEMENT AND ORDINANCE AMENDMENTS RECOMMENDATION:

1. Introduce and adopt City Council Ordinance No. 2022- , amending Chapter 13.15 of the Vista Municipal Code relating to for Mandatory Organic Waste Disposal Reduction.

2. Adopt City Council Resolution No. 2022- , approving City Council Policy No. 100-19 for Recovered Organic Waste Products and Recycled-Content Paper.

3. Adopt City Council Resolution No. 2022- , approving the First Amendment to the First Amended and Restated Agreement between the City of Vista and EDCO Disposal Corporation for Solid Waste Collection Services.

CORRELATION TO COUNCIL GOALS: 1) A Cleaner Vista, and 2) Climate and Environmental Responsibility.

PRIOR ACTION: On April 27, 2021, introduced and adopted City Council Ordinance No. 2021-4 amending Chapter 3.08, adding Chapter 3.15, and amending Chapter 13.16 of the Vista Municipal Code, all relating to mandatory Organic Waste Disposal Reduction; and adopted City Council Resolution No. 2021-64, establishing rates for Organic Waste Collection Services (Vote: 5-0).

On March 9, 2021, adopted City Council Resolution No. 2021-32, setting April 27, 2021 as the public hearing date for proposed residential and commercial organic waste collection service rates (Vote: 5-0).

On December 10, 2019, adopted City Council Resolution No. 2019-162 establishing rates for residential and commercial organic waste collection service rates (Vote: 5-0).

STATEMENT ON THE SUBJECT: In 2016, Senate Bill (SB) 1383 was enacted to heavily reduce the emissions of short-lived climate pollutants. To help meet this statewide goal, local jurisdictions are required to take action and implement SB 1383 requirements which are summarized below:

1. Provide organic waste collection to all organic waste generators, including residents, businesses, City facilities, and large events and venues.

2. Monitor and enforce compliance for all generators and track activities for annual reporting.

3. Implement ordinances or similarly enforceable mechanisms.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
C3
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Approved above recommendation, adopted the following: 1) Introduceand adopt City Council OrdinanceNo. 2022-6; 2) City Council ResolutionNo. 2022-63; and 3) City Council Resolution No. 2022-64. Vote: 4-0 (Ritter absent)
Recovered Organic Waste Products and Recycled-Content Paper adopted as City Council Policy 100-20
MEETINGDATE: May 10, 2022 PAGE2
SUBJECT: EDCOFRANCHISEAGREEMENTANDORDINANCEAMENDMENTS

4. Procure products derived from California recycled organic waste such as compost, mulch, and renewable natural gas (RNG) produced from organic waste.

5. Establish an edible food recovery program that recovers edible food from the waste stream for human consumption.

6. Conduct outreach and education to generators, haulers, facilities, and edible food recovery organizations.

Staff continually works on meeting the requirements above and the particulars within each category. At this time, the City must adopt a Council Policy for Recovered Organic Waste Products and Recycled- Content Paper. The City must also amend Vista Municipal Code (VMC) Chapter 13.15 Mandatory Organic Waste Disposal Reduction, and the EDCO Franchise Agreement to remain in compliance with SB 1383.

The amendment to VMC Chapter 13.15 is per the requirement mentioned above that instructs the City to implement ordinances or similarly enforceable mechanisms. A redline of the ordinance highlighting these changes is included in Exhibit 5 for reference. The content of these changes focuses on the following:

Monitoring of contamination in designated recycling bins Waivers allowing generators to opt out of organic waste recycling services based on reasons such as the amount of waste they generate or the limited physical space and inability to subscribe to such services
Requirements of the franchise waste hauler to report and properly transport organic waste Enforcement
Consequently, the Amendment to the EDCO Franchise Agreement is proceeding to align with the changes made in VMC Chapter 13.15 and is a linked component to help the City comply with SB 1383.

FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation.

EXHIBITS:

1. City Council Ordinance No. 2022- , amending Chapter 13.15 of the Vista Municipal Code relating to Mandatory Organic Waste Disposal Reduction

2. City Council Resolution No. 2022- , approving City Council Policy No. 100-19 for Recovered Organic Waste Products and Recycled-Content Paper

3. City Council Resolution No. 2022- , approving the First Amendment to the First Amended and Restated Agreement between the City of Vista and EDCO Disposal Corporation for Solid Waste Collection Services

4. First Amendment to the Agreement between the City of Vista and EDCO Disposal Corporation for Solid Waste Collection Services

5. Redline of City Council Ordinance No. 2022- , amending Chapter 13.15 of the Vista Municipal Code for Mandatory Organic Waste Disposal Reduction
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ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 13.15 OF THE VISTA

MUNICIPAL CODE RELATING TO MANDATORY ORGANIC WASTE

DISPOSAL REDUCTION
The City Council of the City of Vista does ordain as follows:

1. Findings. The City Council hereby finds and declares the following:

A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.

B. The ordinance is intended to comply with SB 1383, the Short-lived Climate Reduction Act of 2016, and its implementing regulations. The regulations place requirements on cities, residential households, commercial businesses, commercial edible food generators, self- haulers, food recovery organizations and food recovery services to achieve statewide organic waste disposal reduction targets in order to reduce organics in landfills as a source of methane.

SB 1383 requires cities to adopt and enforce an enforceable mechanism, such as an ordinance, to implement SB 1383 regulations.

2. Code Amendment
A. Chapter 13.15 is amended by amending Section 13.15.020, by adding the following additional definition in its alphabetical order:

Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for the purpose of identifying the quantity of materials in containers and/or the presence of Prohibited Container Contaminants.

Remote Monitoring may, among other things, involve installation of devices on or in the Blue Containers, Green Containers, and Gray Containers.

B. Chapter 13.15 is amended by amending Section 13.15.020 to read as follows:

Section 13.15. 030 Single- Family Residential Dwelling Occupants Single-Family Residential Dwelling Occupants, except those that meet the Self-Hauler requirements of this chapter, are subject to the following requirements:

A. Single-Family Residential Dwellings shall subscribe to the City’s three-container (Blue Container, Green Container, and Gray Container) collection services and shall comply with the requirements of those services as described below in subsection B. City shall have the right to review the number, size, and location of a generator’s containers, and frequency of collection, to evaluate adequacy of capacity for each type of collection service for proper separation of materials and containment of materials. Single-Family Residential Dwelling Occupants shall adjust their service levels as requested by City.

B. Single-Family Residential Dwelling Occupants shall participate in City’s three-container ( Blue Container, Green Container, and Gray Container) 05/10/2022 C3 3 of 67
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collection service by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers:

1. Single-Family Residential Dwelling Occupants shall place Source Separated Green Container Organic Waste in the Green Container;

2. Single-Family Residential Dwelling Occupants shall place Source Separated Recyclable Materials in the Blue Container; and

3. Single-Family Residential Dwelling Occupants shall place Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

C. Nothing in this section prohibits Single-Family Residential Dwelling Occupants from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

C. Chapter 13.15 is amended by amending Section 13.15.040 to read as follows:

Section 13. 15.040 Commercial Businesses
Commercial Businesses are subject to the following requirements:

A. Except for those that meet the Self-Hauler requirements of this chapter, Commercial Businesses shall subscribe to the City’s three-container Blue Container, Green Container, and Gray Container) collection services and shall comply with the requirements of those services as described below in subsection B. City shall have the right to review the number, size, and location of a generator’s containers, and frequency of collection, to evaluate adequacy of capacity for each type of collection service for proper separation of materials and containment of materials. Commercial Businesses shall adjust their service levels as requested by City.

B. Except for those that meet the Self-Hauler requirements of this chapter, Commercial Businesses shall participate in and comply with City’s three- container ( Blue Container, Green Container, and Gray Container) collection service by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers:

1. Commercial Businesses shall place Source Separated
Green Container Organic Waste in the Green Container;

2. Commercial Businesses shall place Source Separated
Recyclable Materials in the Blue Container; and

3. Commercial Businesses shall place Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

C. Commercial Businesses shall supply and allow access to an adequate number, size, and location of collection containers, for use by 05/10/2022 C3 4 of 67
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employees, contractors, tenants, and customers, consistent with City’s three container ( Blue Container, Green Container, and Gray Container) collection service.

D. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all areas where disposal containers are provided for customers, except for restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then it is not required to provide that container type. Pursuant to 14 CCR Section 18984.9(b), the containers provided by Commercial Businesses shall have at least one of the following characteristics:

1. A body or lid that conforms with the container colors provided through the collection service provided by City. a. A Commercial Business is not required to replace
non-compliant functional containers purchased prior to January 1, 2022, until the end of their useful life, or January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.

E. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials consistent with City’s Blue Container, Green Container, and Gray Container collection service.

F. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall periodically inspect Blue Containers, Green Containers and Gray Containers for contamination, and inform employees if containers are contaminated and of the requirement to keep Prohibited Container Contaminants out of those containers.

G. Commercial Businesses shall annually provide information to employees, contractors, tenants, and customers that describes Organic Waste Recovery requirements and proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

H. Commercial Businesses shall provide educational information to new tenants within fourteen ( 14) days of their occupation of the premises that describes the requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste, and that the location of containers and the rules governing their use on the premises.

I. Commercial Businesses shall provide, or arrange for, access to their premises for City or its agents during inspections conducted in accordance with Section 13.15.090 to confirm compliance with the requirements of this chapter.
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J. Commercial Businesses shall participate in any City Remote Monitoring program for inspection of containers for Prohibited Container Contaminants.

K. Nothing in this section prohibits a Commercial Business from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site.

D. Chapter 13.15 is amended by adding Section 13.15.045 to read as follows:

Section 13.15. 045 Waivers for Generators
A. De Minimis Waivers. City may waive a Commercial Business’ including Multi-Family Residential Dwellings) obligation to comply with some or all of the Organic Waste requirements of this chapter if the Commercial Business generates below a certain amount of Organic Waste material as described in Section 13.15.045(b).

1. A Commercial Business requesting a de minimis waiver shall:
a. Submit an application, on a form provided by the
City, specifying the service(s) for which they are requesting a waiver. b. Provide documentation establishing that either:

A. The Commercial Business’ total Solid Waste
collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or, B. The Commercial Business’ total Solid Waste
collection service is less than two cubic yards ` per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.

2. If City approves the waiver, the Commercial Business shall:
a. Notify City if circumstances change such that the
Commercial Business’ Organic Waste exceeds the threshold required for a waiver, in which case the City will rescind the waiver.
b. Provide written` verification of eligibility for a de minimis waiver to the City every 5 years.

B. Physical Space Waivers. City may waive a Commercial Business’, Multi-Family Residential Dwellings’ or Single-Family Residential Dwellings’ obligations to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this chapter. A Commercial Business, Multi-Family Residential Dwelling or Single-Family Residential Dwelling requesting a physical space waiver shall:
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1. Submit an application, on a form provided by the City, specifying the type(s) of collection services for which they are requesting a waiver.

2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers, including documentation from its hauler, licensed architect, or licensed engineer.

3. Once City approves a physical space waiver, provide written verification of eligibility for a physical space waiver every five years to the City.

E. Chapter 13.15 is amended by adding Section 13.15.075 to read as follows:

Section 13.15. 075 Requirements for Franchise Haulers
City’s franchise hauler that provides Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements as a condition of its grant of franchise:

A. Through an annual written notice to the City on or before March 1, identify the facilities to which they will transport Organic Waste, including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste.

B. Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

C. Obtain or maintain the City’s approval to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting construction and demolition waste in a manner that complies with 14 CCR Section 18989.1 and this chapter.

F. Chapter 13.15 is amended by amending Section 13.15.090.C to read as follows:

C. City or Designee shall receive written complaints from persons, including anonymous complaints, regarding an entity that may be non-compliant with this chapter.

G. Chapter 13.15 is amended by amending Section 13.15.100 to read as follows:

Section 13.15. 100 Enforcement
A. Beginning January 1, 2022, and through December 31, 2023, if City determines that a Responsible Party is not in compliance with this chapter, it shall provide educational materials to the entity describing its obligations, and a notice that compliance is required by January 1, 2022, and that violations are subject to administrative citations and fines beginning January 1, 2024.

B. Beginning on January 1, 2024, City shall enforce violations of this chapter by issuing a notice of violation requiring compliance within 60 calendar days of issuance of the notice. City may extend the compliance deadlines set forth in a notice of violation if it finds that extenuating circumstances beyond the control 05/10/2022 C3 7 of 67
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of the respondent make compliance within the deadlines impracticable. For purposes of this section, extenuating circumstances are:

1. Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other
government agency approvals; and

3. Deficiencies in organic waste recycling capacity
infrastructure or Edible Food Recovery capacity, and the entity with jurisdiction is under a Corrective Action Plan pursuant to Section 18996.2 due to those deficiencies.

C. Notices of violations shall be issued by an Enforcement Officer to the Responsible Party by personal service, by mail, or posting of property in accordance with Vista Municipal Code Section 1.13.050. The notice of violation shall include the following information:

1. The name(s), or account name(s) if different, of each person or entity to whom it is directed;

2. A factual description of the violations of this chapter, including the section(s) being violated;

3. A compliance date by which the operator is to take specified action(s); and

4. The potential for an administrative citation and fine for not complying within the specified compliance date.

D. Absent compliance by the respondent within the deadline set forth in a notice of violation, a Responsible Party is subject to an administrative citation and fine, as follows:

1. Pursuant to 14 CCR Section 18998.2, City shall issue administrative citations and fines to entities that remain non-compliant with this chapter despite issuance of a notice of violation.

2. Administrative citations shall be issued by an Enforcement Officer in accordance with Chapter 1.13 of the Vista Municipal Code.

E. The following administrative fine amounts apply to administrative citations issued for violations of this chapter:

1. For a first violation, the fine shall be $ 50 to $ 100 per violation.

2. For a second violation committed within one year of the first violation, the fine shall be $100 to $200 per violation.

3. For a third or subsequent violation committed within one year of the first violation, the fine shall be $250 to $500 per violation.

F. Notwithstanding the foregoing provisions, SB 1383 Regulations do not require the City to undertake mandatory administrative enforcement actions, including civil penalties, against Organic Waste Generators due to the placement of Prohibited Container Contaminants within their Blue Containers, Green 05/10/2022 C3 8 of 67
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Containers, or Gray Containers. SB 1383 Regulations require the City to address such violations through the notice provisions of 14 CCR Section 18984.5(b).

However, the City may pursue administrative enforcement actions against such violations in its discretion.

B. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption.

3. Adoption. INTRODUCED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 10, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

DAROLDPIEPER, CITYATTORNEY
By:

APPROVED
Darold Pieper
20220421153925

JUDY RITTER, MAYOR
ATTEST:

KATHYVALDEZ, CITYCLERK
By:
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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING CITY COUNCIL POLICY NO. 100- 19 FOR

RECOVERED ORGANIC WASTE PRODUCTS AND RECYCLED- CONTENT
PAPER
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The City adopted Council Policy No. 100-04 relating to Environmentally Preferable Purchases and Practices by City Council Resolution No. 2011-17 on February 22, 2011, to establish guidelines for the purchasing and use of recycled products and materials, to demonstrate the City’s compliance with the Waste Management Reduction Act, and foster market development for recycled products.

B. The City has prepared an additional Council Policy to address the organic waste recycling requirements of Senate Bill 1383 (“SB 1383”), under which the City must adopt a policy to procure a specified amount of recovered organic waste products to support organic waste disposal reduction targets and markets for products made from recycled and recovered organic waste materials, and to purchase recycled-content paper products and recycled-content printing and writing paper.

2. Action.

A. The City Council adopts City Council Policy 100-19, Recovered Organic Waste Products and Recycled-Content Paper, attached hereto as an Exhibit.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 10, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

DAROLDPIEPER, CITYATTORNEY
By:

APPROVED
Darold Pieper
20220421160031

JUDY RITTER, MAYOR
ATTEST:

KATHYVALDEZ, CITYCLERK
By:

Attachment
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100- 19 PROCUREMENT POLICY FOR RECOVERED ORGANIC WASTE PRODUCTS

AND RECYCLED- CONTENT PAPER

PURPOSE
This policy is intended to comply with State law requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials, and to purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.

POLICY
SECTION 1: DEFINITIONS
A.“ Annual Recovered Organic Waste Product Procurement Target” means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the City is required to procure annually under 14 CCR Section 18993.1.

B.“ Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility, or as otherwise defined in 14 CCR Section 17896.2(a)(4).

Compost eligible for meeting the Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7.

Compost shall meet the State’s composting operations regulatory requirements.

C.“ Direct Service Provider” means a person, company, agency, district, or other entity that provides services to City pursuant to a contract or other written agreement, or as otherwise defined in 14 CCR Section 18982(a)(17).

D.“ Electricity Procured from Biomass Conversion” means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and prunings from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the City’s Annual Recovered Organic Waste Product Procurement Target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in 14 CCR Section 18993.1(i).

F.“ Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Papers, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
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G. “ Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).

H. “ Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).

I. “ Procurement” means purchase or acquisition ( e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the City or others. The City’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City’s behest.

J. “ Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.

K. “ Recordkeeping Designee” means the public employee appointed by the Public Works Director to track procurement and maintain records of Recovered Organic Waste Product procurement efforts both by the City and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13.

L. " Recyclability" means that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013).

M. “ Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.

N. “ Renewable Gas” means gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

O. “ SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, 05/10/2022 C3 12 of 67
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establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended from time to time.

P.“ SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste Reductions regulations developed by California’s Department of Resources Recycling and Recovery and adopted in 2020 that created Title 14 of the State of California Code of Regulations, Division 7, Chapter 12 and amended portions of Chapter 14 and Chapter 27 of the State of California Code of Regulations.

Q.“ SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):

1. Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);
ii. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or, iii. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3.

R.“ State” means the State of California.

SECTION 2. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT

2.1 Procurement Target
A. City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target through the implementation of Sections 2 through 4 of this Policy.

B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following (provided that each product meets the criteria included in their respective definition in Section 1 of this Policy):

1. SB 1383 eligible Compost.
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2. SB 1383 Eligible Mulch.

3. Renewable Gas (in the form of transportation fuel, electricity, or heat).

4. Electricity Procured from Biomass Conversion.

2.2 Requirements for City Departments
A. SB 1383 eligible Compost and SB 1383 Eligible Mulch Procurement. City Departments shall do the following:

1. Whenever practicable, available, and capable of meeting the City’s standards, use SB 1383 eligible Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste for projects such as landscaping maintenance, renovation, or construction. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

2. As applicable, comply with the City’s Water Efficient Landscaping Ordinance (WELO), pursuant to Vista Development Code Chapter 18.56, when Department uses SB 1383 eligible Compost and SB 1383 Eligible Mulch. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

3. Keep records of Recovered Organic Waste Product Procurement (either through purchase or acquisition) and submit records to the Recordkeeping Designee, on a schedule to be determined by the Recordkeeping Designee.

Records shall include:
a. General procurement records, including:
i) General description of how and where the product was used and applied, if applicable;
ii) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were
procured;
iii) Type of product;
iv) Quantity of each product; and,
v) Invoice or other record demonstrating product Procurement. b. For SB 1383 eligible Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution 05/10/2022 C3 14 of 67
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methods, keep records of the Compost and SB 1383 Eligible Mulch provided to residents. Records shall be maintained and submitted to the Recordkeeping Designee in accordance with the
requirements specified in Section 2.2.A.3, and on a schedule to be determined by the Recordkeeping Designee.

4. When procuring SB 1383 Eligible Mulch from a Direct Service Provider, execute a written purchase order and/or contract, in accordance with Vista Municipal Code Chapter 3.08 and City policies. The written purchase order and/or contract shall include: (i) specifications for SB 1383 Eligible Mulch; and (ii) an enforcement mechanism (e.g., termination, liquidated damages) should the Direct Service Provider not comply with the specifications.

B. Renewable Gas Procurement for fuel for transportation, electricity, or heating applications. City Departments shall do the following:

1. Whenever practicable, available, and capable of meeting the City’s standards, procure Renewable Gas made from recovered Organic Waste for transportation fuel, electricity, and heating applications.

2. Keep records in the same manner indicated in Section 2.2.A.3 for Renewable Gas Procurement and submit records to the Recordkeeping Designee, on a schedule to be determined by the Recordkeeping Designee.

C. Electricity Procured from Biomass Conversion. City Departments shall do the following:

1. Whenever practicable, available, and capable of meeting the City’s standards, procure electricity from a biomass conversion facility that receives feedstock from a composting facility, transfer/processing facility, a solid waste landfill, and/or receives feedstock from the generator or employees on behalf of the generator of the Organic Waste.

2. Maintain records and conduct the following recordkeeping activities:
a. Keep records in the same manner indicated in Section 2.2.A.3 for Procurement of Electricity Procured from Biomass Conversion facilities.
b. Receive written notification by an authorized representative of the Biomass Conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in 14 CCR Section 18993.1(i).
c. Provide these records to the Recordkeeping Designee, on a schedule to be determined by the Recordkeeping Designee.

2.3 Requirements for Direct Service Providers
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A. Direct Service Providers of landscaping maintenance, renovation, and construction shall do the following:

1. Whenever practicable, available, and capable of meeting the City’s standards, use SB 1383 eligible Compost and SB 1383 Eligible Mulch for all landscaping renovations, construction, or maintenance performed for the City. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

2. As applicable, comply with the City’s Water Efficient Landscaping Ordinance (WELO), pursuant to Vista Development Code Chapter 18.56, when Direct Service Provider uses SB 1383 eligible Compost and SB 1383 Eligible Mulch. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

3. Upon completion of projects, provide records of Procurement of Recovered Organic Waste Products to their City Department contact for the applicable project. Information to be provided shall include:
a. General description of how and where the product was used and if applicable, applied;
b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
c. Type of product;
d. Quantity of each product; and,
e. Invoice or other record demonstrating product procurement.

B. Renewable Gas procurement by Direct Service Providers

1. Whenever practicable, available, and capable of meeting the City’s standards, Direct Service Providers transporting solid waste, organic materials, and/or recyclable materials within the City shall procure a specified percentage of their fuel as Renewable Gas if required to do so in RFPs and RFQs released by the City for such services or as required by permit, license, written agreement, or written contract with the City.

2. If Renewable Gas made from recovered Organic Waste is used by Direct Service Providers, Direct Service Providers shall submit the information listed in Section 2.3.A.3 to the Recordkeeping Designee, on a schedule to be determined by the Recordkeeping Designee.
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3. Renewable Gas used by Direct Service Providers under Sections 2.3.A and

2.3.B shall comply with criteria specified in 14 CCR Section 18993.1.

SECTION 3. RECYCLED- CONTENT PAPER PROCUREMENT

3.1 Requirements for City Departments
A. If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, all City Departments shall purchase Recycled-Content Paper Products and Recycled- Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.

B. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

C. City Departments shall provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchases (both recycled-content and non-recycled content, if any is purchased) made by the City Department, on a schedule to be determined by the Recordkeeping Designee. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 3.2.A.3-4 for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content including products that contain none), and if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled- Content Printing and Writing Paper were not provided.

3.2 Requirements for Vendors
A. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to City shall:

1. Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non- recycled item, and available at equal or lesser price.

2. Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, 05/10/2022 C3 17 of 67
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catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

5. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchased from the vendor ( both recycled- content and non-recycled content, if any is purchased) made by a division or department or employee of the City, on a schedule to be determined by the Recordkeeping Designee. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 3.2.A.3-4 for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content ( including products that contain none), and if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided.

SECTION 4. RECORDKEEPING RESPONSIBILITIES
A. The Public Works Department will be the responsible City Department and the Public Works Director will select an employee to act as the Recordkeeping Designee that will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products and Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.

B. The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper:

1. Collect and organize copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all City Departments procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of City’s documentation of its compliance with 14 CCR Section 18993.3.

2. Collect and organize copies of invoices or receipts or documentation evidencing procurement from all City Departments procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors/others procuring Recovered Organic Waste Products on behalf of the City to develop evidence of City meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the City’s documentation of its compliance with 14 CCR Section 18993.1.
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3. Collect, collate, and maintain documentation submitted by the City, Direct Service Providers, and/or vendors, including the information reported to the Recordkeeping Designee in accordance with Sections 2.2.A.3, 2.2.B.2,

2.2.C.2, 2.3.A.3, 2.3.B.2, 2.3.C.2, 3.1.C, and 3.2.A.5.

4. Compile an annual report on the City’s direct procurement, and vendor/other procurement on behalf of the City, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled- Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and Recycled- Content Printing and Writing Paper procurement. This report shall be made available to the City’s responsible entity for compiling the annual report to be submitted to California’s Department of Resources Recycling and Recovery (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13.

SECTION 5. COUNCIL POLICY 100- 04
In the event of a conflict between the provisions of this Council Policy and Council Policy 100-04, the more restrictive provision(s) shall control.

HISTORY
Adopted May 10, 2022, City Council Resolution No. 2022- . 05/10/2022 C3 19 of 67
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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE FIRST

AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF VISTA

AND EDCO DISPOSAL CORPORATION FOR

SOLID WASTE COLLECTION SERVICES
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The City currently has a First Amended and Restated Solid Waste Collection Agreement with EDCO Disposal Corporation that was approved on June 23, 2020 and currently expires on February 26, 2025 (“First Amended and Restated Agreement”).

B. In response to organic waste recycling requirements under Senate Bill 1383 (“SB 1383”), the City must materially amend Chapter 13.15 of the Vista Municipal Code, relating to solid waste management, and the First Amended and Restated Agreement.

C. The City Council desires to amend the First Amended and Restated Agreement to incorporate the regulatory requirements of SB 1383 and to align it with the amendments to Chapter 13.15 of the Vista Municipal Code.

2. Action.

A. The First Amendment to the First Amended and Restated Agreement with EDCO Disposal Corporation is approved, and the Mayor is authorized to execute the agreement.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 10, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

DAROLDPIEPER, CITYATTORNEY
By:

APPROVED
Darold Pieper
20220421154252

JUDY RITTER, MAYOR
ATTEST:

KATHYVALDEZ, CITYCLERK
By:
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FIRST AMENDMENT TO THE

FIRST AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF

VISTA AND EDCO DISPOSAL CORPORATION FOR SOLID WASTE

COLLECTION SERVICES
THIS FIRST AMENDMENT TO THE RESTATED AGREEMENT is made and entered into as of __________________ (“Effective Date”), by and between City of Vista, a chartered municipal corporation (“City”), and EDCO Disposal Corporation, a California corporation Contractor”). City and Contractor are sometimes individually referred to as a “Party” and collectively as “Parties”.

RECITALS
A. City requires the service of a Solid Waste collection Contractor to assist with Solid Waste management in accordance with Chapter 13.16 of the Vista Municipal Code.

B. On February 26, 1990, City and one of Contractor’s predecessors-in-interest, Vista Sanitation Company, entered into an agreement (“1990 Agreement”) to provide for an exclusive right to collect and dispose of Solid Waste (described therein as “garbage, rubbish and other solid waste materials”) within City.

C. The 1990 Agreement was thereafter amended on five separate occasions on July 28, 1998; August 10, 1999; June 25, 2002; November 10, 2009; and April 23, 2013.

D. References in the 1990 Agreement to the Vista Municipal Code (“VMC”) have been superseded by the adoption of Chapter 13.16 (Solid Waste Management) of the VMC on September 10, 2019.

E. The 1990 Agreement has been extended year-to-year pursuant to annual performance reviews by the Vista City Manager under Section 7 of the 1990 Agreement, the most recent extension being granted through February 26, 2026.

F. On June 23, 2020, the Parties amended and restated the 1990 Agreement, to incorporate all prior amendments, revised terminology, and current amendments in single document (“Agreement”).

G. The State of California has found and declared that the amount of refuse generated in California, coupled with diminishing Disposal capacity and potential adverse environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of AB 939 and subsequent related legislation including, but not limited to: the Jobs arid Recycling Act of 2011 AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed CalRecycle and local agencies to promote Diversion and to maximize the use of feasible waste reduction, re-use, Recycling, and Composting options in order to reduce the amount of refuse that must be Disposed.
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H. SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste facilities, and other entities to support achievement of State-wide Organic Waste Disposal reduction targets.

I. This First Amendment to the Restated Agreement incorporates SB 1383 requirements for the City, such as Organic Waste Collection programs, Processing Facility requirements, contamination monitoring, education and outreach actions, record keeping and reporting, compliance monitoring, and enforcement actions; and, the City has chosen to delegate some of its responsibilities to the Contractor, acting as the City's Designee, through this Agreement.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follow:

1. Section 2, Definitions, of the Agreement is amended to read as follows:

DEFINITIONS
In this Agreement, unless the context requires otherwise, all defined terms are as defined in Sections 13.15.020 and 13.16.020 of the Vista Municipal Code, and as defined in Exhibit I.

2. Section 3, Franchise Agreement, of the Agreement is amended to read as follows:

FRANCHISE AGREEMENT
Contractor shall have sole and exclusive right and franchise, in accordance with the terms and conditions of this Agreement, to pick up, gather and remove all Solid Waste, including but not limited to Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste, as further described in Exhibits A through C, within the corporate limits of City as the same now exists or may exist, which is generated by Generators, for the full term of this Agreement. City agrees not to let any contract to, or enter into any contract with any other person, firm, or organization for the performance of the services required to be performed by Contractor, except, that in the event Contractor fails, or neglects for any reason, to collect and dispose of Solid Waste, including but not limited to Source Separated Recyclable Materials, SSGCOW, or Gray Container Waste, set out or placed for collection, as provided herein, at the time in the manner herein required, City may collect and dispose of the same or cause the same to be collected and disposed of, and Contractor shall be liable for the reasonable expenses incurred. This right of City shall be cumulative, and in addition to any and all other remedies it may have in the event of such failure, refusal or neglect of Contractor. The exclusive right and franchise referred to herein shall not extend to those activities and/or materials specified in VMC Sections 13.16.110(A) through (E).

3. Section 4, Services to be Provided by Contractor, of the Agreement is amended to read as follows:

SERVICES TO BE PROVIDED BY CONTRACTOR
a) In General: For the consideration herein mentioned, Contractor undertakes and agrees in accordance with the terms and conditions herein contained, to furnish the 05/10/2022 C3 22 of 67
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necessary labor, vehicles and equipment to Collect, Transport, Process and Dispose of all Solid Waste, including but not limited to Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste, generated by and placed for Collection by Customers from within the corporate limits of City as the same now exists or may exist during the term hereof, pursuant to the requirements of this Agreement and except as otherwise provided in VMC Chapters 13.15 and 13.16.
b) Source Separated Recyclable Materials:
1) Collection. Contractor shall provide Source Separated Recyclable Materials Collection services as described ln Exhibits A and B. 2) Processing. Contractor shall Transport and deliver all Source Separated Recyclable Materials placed in Source Separated Recyclable Materials Containers in the City to a Source Separated Recyclable Materials Processing Facility. All tipping fees and other costs associated with Transporting and Processing of such Source Separated Recyclable Materials at the Source Separated Recyclable Materials Processing Facility and Disposing of the Residue, as required in Section 4.b.4 below, shall be paid by Contractor. 3) Marketing. The Contractor shall be responsible for marketing Source Separated Recyclable Materials Collected in the City that are delivered for Processing at Contractor's Source Separated Recyclable Materials Processing Facility. Contractor's marketing strategy shall promote the highest and best use of materials presented in the waste management hierarchy established by AB 939. Where practical, the marketing strategy should include use of local, regional, and domestic markets for Source Separated Recyclable Materials. 4) Residue Disposal. Residue from the Processing of Source Separated Recyclable Materials Collected under this Agreement at Contractor's Source Separated Recyclable Materials Processing Facility, which cannot be marketed, shall be Disposed of by Contractor or the Processing Facility Subcontractor.

Residue delivered for Disposal shall not include any Excluded Waste. c) Source Separated Green Container Organic Waste (SSGCOW):
1) Collection. Contractor shall provide SSGCOW Collection services as described in Exhibits A and B.
2) Processing. Contractor shall Transport all SSGCOW placed in SSGCOW Containers in the City to a SSGCOW Processing Facility. All tipping fees and other costs associated with Transporting such SSGCOW to a SSGCOW Processing Facility and Disposing of the Residue, as required in Section 4.c.4 below, shall be paid by Contractor.
3) Marketing. The Contractor shall be responsible for marketing SSGCOW Collected in the City that are delivered for Processing at a SSGCOW Processing Facility. Contractor's marketing strategy shall promote the highest and best use of materials presented in the waste management hierarchy established by AB 05/10/2022 C3 23 of 67
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939. Where practical, the marketing strategy should include use of local markets for SSGCOW.
4) Residue Disposal. Residue from the Processing of SSGCOW Collected under this Agreement at a SSGCOW Processing Facility, which cannot be marketed, shall be Disposed of by Contractor or the Processing Facility Subcontractor. Residue delivered for Disposal shall not include any Excluded Waste.
5) Allowance for Community Composting. Contractor shall allow for Community Composting conducted in accordance with Vista Municipal Code Chapter 13.15.
d) Gray Container Waste:
1) Collection. Contractor shall offer and provide Gray Container Waste Collection services as described in Exhibits A and B. Contractor acknowledges that City is committed to Diverting materials from Disposal through the implementation of source reduction, Reuse, Recycling, Composting, and other programs.
e) Universal Enrollment Process: City requires that Generators are enrolled in Source Separated Recyclable Materials and SSGCOW Collection services. Contractor shall assist the City in ensuring that the enrollment of Generators occurs in a timely and efficient manner. In accordance with Exhibit I, Contractor shall maintain records and provide reports necessary for the City to verify the enrollment of Generators. f) Construction and Demolition Debris (“C&D”) and Bulky Item Collection: Contractor shall Collect C&D materials and Bulky Items in accordance with Exhibit C. g) Transfer, Processing, and Disposal:
1) Contractor shall Transport all Discarded Materials to the Facility(ies) and shall Process and Dispose of Discarded Materials in accordance with Exhibit D.

Contractor shall Transfer all Discarded Materials in accordance with the Agreement for Transfer and Disposal Services Between Regional Solid Waste Association and EDCO Disposal Corporation, dated June 16, 1999 ( RSWA Agreement).
2) Guaranteed Capacity and Facility Standards. Contractor shall guarantee Processing capacity at Facility(ies) to receive all Discarded Materials Collected by the Contractor throughout the Term of the Agreement and shall comply with the Facility standards specified in Exhibit D.
3) Transportation and Facility Costs. Contractor shall pay all costs for the Transport, Processing, and/or Disposal of Discarded Materials Collected in accordance with this Agreement unless otherwise specified herein. Contractor’s compensation for such services is included in the Rates charged to Customers. 05/10/2022 C3 24 of 67
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h) Contamination Monitoring:
1) Actions upon Identification of Prohibited Container Contaminants.

Contractor shall comply with the requirements of Exhibit E upon identification of Prohibited Container Contaminants in a Customer's Container. 2) Reporting Requirements. Contractor shall comply with the contamination monitoring record keeping and reporting requirements of Exhibit H. i) Hauler Route Reviews and Waste Evaluations: In accordance with 14 CCR section 18984.5, contamination monitoring under the Standard-Compliance Approach includes a Hauler Route review option and a waste evaluation option. Beginning on January 1, 2022, Contractor will implement the Hauler Route review option as described in Exhibit F.

Contractor shall subsequently implement the waste evaluation option, as described in Exhibit F, if directed to do so by the City, acting through the City Manager or his designee. j) Education and Outreach:
1) Contractor shall comply with the education and outreach requirements of Exhibit G.
2) Record Keeping and Reporting Requirements. Contractor shall comply with the public education and outreach record keeping and reporting requirements of Exhibit H.
k) Inspection and Enforcement:
1) General. The City, or their Designee, shall implement an inspection and enforcement program related to Commercial Edible Food Generators and Food Recovery Organizations and Services that is designed to ensure overall compliance with SB 1383 Regulations, AB 1826, AB 341, other Applicable Law, and Chapter 13.15 of the Vista Municipal Code.
2) SB 1383 Regulatory Compliance Consultant. The City may use a City- selected consultant to monitor the compliance of Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services. The City will be responsible for hiring and managing the work performed by the consultant. The City reserves the right to direct the consultant to coordinate with Contractor and perform the public education and outreach work, and inspection and enforcement relating to Tier One and Tier Two Edible Food Generators, Food Recovery Organizations, and Food Recovery Services. 3) Contractor Cooperation Required. To the extent necessary, Contractor shall cooperate with all inspections or compliance reviews conducted by the City or its Designee relating to Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services. Upon City, or its Designee, request for information or support, Contractor shall provide a response to City, or its Designee, requests in a timely manner.
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l) Service Complaints:
1) General. The Contractor agrees to maintain a computer database log of all oral and written complaints received by Contractor from Customers or other Persons related to Contractor’s services under this Agreement. Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of all such Customer complaints.
2) SB 1383 Regulatory Non-Compliance Complaints. For complaints received in which the Customer or Person alleges violations of SB 1383 Regulations, Contractor shall document and report the information required in Exhibit H. m) Provision of Recovered Organic Waste Products: All Route Collection vehicles used by Contractor under this Agreement shall be powered by Renewable Natural Gas RNG) whether generated by Contractor’s Anaerobic Digestion Facility or purchased.

Upon the City’s request, Contractor shall obtain and provide the City with a written certification by an authorized representative certifying that the in-vessel digestion facility produces the RNG in quantities corresponding to City’s Organic Wastes collected by Contractor, consistent with the requirements of 14 CCR Section 18993.1(h). Contractor shall maintain records of the amount of RNG purchased and shall report this information to the City as described in Exhibit H. Contractor shall allow the City to report this RNG usage toward the City’s fulfillment of its annual recovered Organic Waste product procurement target in accordance with 14 CCR Section 18993.1. n) Container Requirements:
1) General. Contractor shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this Section or as otherwise specified in 14 CCR Section 18982; 14 CCR, Division 7, Chapter 12, Article 3; or other Applicable Law. If an existing Container breaks or is otherwise rendered non-functional on or after January 1, 2022, the Contractor shall replace the non-functional Container with a Container that complies with the color requirements of this Section. Notwithstanding this Section, Contractor is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Section prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.

A) Blue Containers (Source Separated Recyclable Materials). Blue Containers must have a lid that is blue in color and a body that is blue in color. Hardware such as hinges and wheels on the Blue Containers may be a different color.

B) Green Containers (SSGCOW). Green Containers must have a lid that is green in color; and a body that is green in color. Hardware such as hinges and wheels on the Green Containers may be a different color.

C) Gray Containers (Gray Container Waste). Gray Containers must have a lid that is gray in color, and a body that is gray in color. Hardware 05/10/2022 C3 26 of 67
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such as hinges and wheels on the Gray Container may be a different color.
2) Labeling Requirements. Beginning January 1, 2022, and in accordance with 14 CCR Section 18984.8, Contractor shall imprint new Container bodies or lids with text or graphic images that indicate the primary materials accepted and the primary materials prohibited in that Container.
o) Waiver Program:
1) Types of Generator Waivers
A) De Minimis Waivers. City may waive a Commercial Business’ including a Multi-Family Residential Dwelling) obligation to comply with some or all of the Source Separated Recyclable Materials and SSGCOW requirements set forth in this Agreement, SB 1383 Regulations, and Section 13.15.040 of the Vista Municipal Code if the Generator provides the documentation described in Vista Municipal Code Section

13.15.045(b).

B) Physical Space Waivers. City may waive a Multi-Family Residential Dwelling’s, Commercial Business’, or Single-Family Residential Dwelling’s obligation to comply with some or all of the Source Separated Recyclable Materials or SSGCOW Collection service requirements set forth in this Agreement, SB 1383 Regulations, and Section 13.15.030 or 13.15.040 if the Multi-Family, Commercial Business, or its Property Owner provides documentation, or the City has evidence from its staff, the Contractor, licensed architect, or licensed engineer demonstrating that the Premises lacks adequate space for Blue Containers and/or Green Containers.
2) Waiver Coordination. Contractor shall assist City in identifying Generators that are eligible for de minimis and physical space waivers, and in evaluating waiver applications submitted by Generators to the City. City ultimately retains the right to approve or deny any waiver application, regardless of the Contractor’s recommendation. Upon Contractor request, City shall provide Contractor an updated listing of waivers approved by City, including the Generators’ names, mailing address, service address, and type of waiver. p) Frequency and Scheduling: All Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste created, produced or accumulated in or about a Generator’s Dwelling or Place of Business shall be collected and disposed of by Contractor at least once each week. City Manager may, at City Manager’s discretion, or upon recommendation of the County Health Officer, require more frequent pick-ups should the nature of a particular Generator so require. Contractor shall arrange collection routes so that pick-ups will be made on the same day of each succeeding week, with the following exception: no collection will occur on Thanksgiving, Christmas and New Year’s Days, contingent upon advance notice to all those affected, in a manner satisfactory to City Manager.
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q) Special Pickup Service:
1) In addition to the regularly scheduled monthly service, Contractor shall, upon request from a householder, provide a special pick-up service to collect and dispose of accumulated Solid Waste, other than that covered by the normally scheduled monthly service. Charges for such special service shall be in addition to those levied for regular monthly service.
2) Contractor shall, upon request for a householder, provide extra Blue Containers, Green Containers, or Gray Containers in addition to those Containers regularly provided to the householder by Contractor. Charges for any such additional Containers shall be approved annually as part of the annual performance review under Section 7(c) and shall be in addition to those levied for regular monthly service as established.
r) Discarded Materials Collection — Spillage and Cleanup: Contractor shall exercise all reasonable care and diligence in collecting Solid Waste, including but not limited to Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste, as further described in Exhibits A through C, to prevent spilling, scattering or dropping of such Discarded Materials, and shall at the time of occurrence clean up any spillage.
s) Collection from Public Parks and Government Buildings: Contractor shall, without charge, collect Solid Waste, including but not limited to Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste, as further described in Exhibits A through C, from City controlled parks, playgrounds, streets, and City government buildings from the containers in which the same is confined and any containers in the business district belonging to City of Vista, on a service frequency and day(s) of collection to be determined by City Manager.
t) Contractor Participation in Special Clean-up Activities: Contractor shall participate with City in any annual clean-up activity upon request of City Manager as may be necessary to supplement City’s available manpower and equipment resources, and shall otherwise cooperate with City Manager in resolving special disposal-related problems.
u) Compliance with Motor Vehicle Code: Contractor’s trucks and other mobile equipment shall comply with applicable provisions of the California Vehicle Code, all other applicable California codes, and all provisions of Chapter 13.16 of the VMC. v) Compliance with Local and California Laws and Regulations: Contractor shall operate in such a manner as to comply with all applicable local and state laws and regulations pertaining to the collection, storage, transportation and disposal of Solid Waste, including but not limited to Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste, as further described in Exhibits A through C. Contractor shall also comply with all other ordinances and regulations of City and applicable laws and regulations of the County of San Diego and State of California, and shall obtain and keep in force all required permits and business licenses. 05/10/2022 C3 28 of 67
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w) Service Required in the Event of Nonpayment: In the event of nonpayment for collection service rendered to any person, Contractor shall continue to provide such service, subject to reimbursement as provided in VMC Section 13.16.410(e). This requirement shall not apply to special pick-up services. x) Customer Service Requirements: Contractor shall provide and maintain toll free telephone service between 8:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to noon on Saturdays (Sundays and legal holidays excepted). Contractor shall promptly respond to all calls and act upon all reasonable requests and complaints pertaining to the collection of Solid Waste, including but not limited to Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste, as further described in Exhibits A through C.
y) Street Sweeping — Contract Management:
1) Contractor shall provide street sweeping services under a street sweeping agreement with a qualified street sweeping contractor (“Street Sweeping Contractor”) to perform street sweeping services of City streets. The street sweeping agreement shall be coordinated with this Agreement such that any changes in compensation to Street Sweeping Contractor shall coincide with Contractor’s rate changes under this Agreement.
2) Contractor shall coordinate street sweeping services with City’s Code Enforcement Division to enforce parking regulations related to street sweeping activities.
3) Contractor shall deliver an annual report to City on the number of linear miles swept, amount of street sweeping debris collected and disposed, and other pertinent statistics as may be required by the Director of Public Works. 4) Contractor shall be responsible for supervising Street Sweeping Contractor to ensure Street Sweeping Contractor performs street sweeping services to the highest level possible and properly disposes of street sweeping debris in a lawful manner.

4. Subsection (e) of Section 4, Services to be Provided by Contractor, of the Agreement is deleted.

5. Section 5, Compensation, of the Agreement is amended to read as follows:

COMPENSATION
a) Payments to City: In consideration of granting the exclusive franchise to Contractor as herein provided, Contractor agrees to pay City of Vista during the terms of this Agreement, the following amounts.
1) A sum equivalent to ten percent (10%) of Gross Monies collected pursuant to this Agreement within the corporate limits of City. Provided, however, Contractor shall pay City a minimum of one hundred dollars ($100.00) per annum.
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2) In addition to the sum stated in subsection 5(a)(1) above, Contractor shall pay a sum equivalent to one dollar ninety-five cents ($1.95) per ton for roll-off tonnage.
3) The aforementioned sums shall be paid quarterly, by the tenth of the month following the quarterly billing.
4) Contractor shall further provide City within thirty (30) days after the end of the calendar year a verified statement showing the gross monies collected for services for both Solid Waste collection and recycling programs within the corporate limits of City.
5) City shall have reasonable rights to inspect Contractor’s books of account at reasonable times and hours at Contractor’s place of business. b) Service Charges: Contractor agrees, during the term of this Agreement to abide by the schedule of charges for regular, continuous collection services, special pick-up services, recycling services and street sweeping services currently in effect as of the date of this Agreement, subject to Section 5(c) below. Changes in charges permitted under this Agreement shall be approved by the City Manager. In the event Contractor disagrees with the City Manager’s decision, Contractor may seek an amendment to this Agreement from the City Council.
c) Consumer Price Index: The Parties hereto recognize that due to conditions generally prevailing, general rises in the cost of living are reasonably foreseeable and it is therefore agreed that the schedule of charges as established pursuant to Section 5(b) of this Agreement shall be subject to an annual adjustment either up or down, as follows:
1) For the purpose of such adjustment the “index” referred to shall mean the most recent Consumer Price Index (All Urban Consumers) for the San Diego– Carlsbad, California CMSA (base year 1982-1984=100), as prepared and released by the United States Department of Labor, Bureau of Labor Statistics.

The annual index for 2019 shall be accepted as the base index for this Agreement effective with this First Amended and Restated Agreement. 2) If, during the term of this Agreement, the cost of living as determined by said index shall increase or decrease Contractor may adjust the schedule of charges as set forth in section 5(b) hereof in accordance with the following method:

A) In order to effect such adjustment, the percentage by which such index, so determined, and the schedule of charges to be paid thereafter shall be established by applying the percentage of increase or decrease to the service rates in effect at the time the adjustment is calculated.

B) Adjustments for each subsequent increase or decrease of the index shall be computed in like manner.
3) If neither Party shall, within thirty (30) days after said index is available for the month for which an adjustment in the schedule of charges would be in order, 05/10/2022 C3 30 of 67
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make demand in writing for the determination of the adjustment for the following period, the schedule of charges shall continue at the same prices as for the preceding month. Failure to make such demand shall not prejudice the right of such Party to an adjustment upon proper demand at the subsequent time. d) Disposal Fee Offset Adjustment: Nothing herein shall be construed as preventing Contractor from seeking an adjustment in rates as compensation for increased operating costs associated with an increase in disposal site tipping fees charged to Contractor. e) Proposition 218: Contractor understands and agrees that the City may determine that Proposition 218 is applicable to a proposed Rate adjustment allowed under this Agreement. If the City determines that Proposition 218 is applicable to the Rate adjustment, City shall commence the Proposition 218 Rate adoption process as soon as deemed necessary after its determination. City shall not be in breach of this Agreement if City complies with its obligations under Proposition 218, yet its residents lawfully delay or prevent City from raising or imposing the Rates. If a Proposition 218 Rate adoption process results in a majority protest, as provided for under Article XIIID, which invalidates approval of a proposed Rate adjustment, City and Contractor shall meet and confer in good faith to consider alternatives and negotiate options for Contractor to recoup the lost revenue.
f) Billing and Special Assessment: Contractor shall bill all accounts direct for services rendered as provided in VMC Section 13.16.400. Contractor shall be eligible for reimbursement from City in the event of non-payment in accordance with VMC Sections 13.16.410–420. To recover its costs, the City shall initiate proceedings to make delinquent collection service fees and charge a special assessment against the properties involved, in the manner specified in VMC Section 13.16.420. g) Amendment of Agreement: This Agreement may be amended from time-to-time in the same manner as its approval by resolution of the Vista City Council and execution by the Parties hereto. The term “Agreement” herein shall include any such amendment properly approved and executed.

6. Subsection (a)(4) of Section 5, Compensation, of the Agreement is deleted.

7. Subsection (f) of Section 5, Compensation, of the Agreement is deleted.

8. Section 6, Disputes, of the Agreement is amended to read as follows:

EXCUSE FROM PERFORMANCE AND DISPUTES
a) Excuse from Performance. The Parties understand and agree herein that the services provided under this Agreement are critical to the protection of public health and safety and that Contractor is expected to perform these services despite the occurrence of events that may otherwise give rise to Force Majeure conditions. The Parties herein agree that the obligations for excuse from performance under this Agreement should and do have a higher standard than the general law understanding of Force Majeure. In particular, a Party shall be excused from performing their obligations hereunder if they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, 05/10/2022 C3 31 of 67
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civil insurrection, riots, acts of any domestic government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. However, performance shall only be excused If the Party requesting relief from performance can specifically demonstrate that the performance of a specific obligation is impossible and shall only be excused from those requirements which are demonstrated to be impossible. All other performance obligations that remain possible shall be required to continue.

In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide the services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while providing such services; or (ii) make reasonable accommodations with respect to Container placement and point of delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sickout, picketing, or other concerted job action conducted by the Contractor's employees or directed at the Contractor, or a subsidiary, the Contractor shall not be excused from performance. In such case, Contractor shall continue to provide a reasonably satisfactory level of performance during the pendency thereof, but the Contractor shall not be required to adhere strictly to the specific requirements of this Agreement regarding Hauler Routes, Collection times or similar matters; provided, however, that in no event shall more than seven (7) days elapse between pickups for Single-Family, Multi-Family and Commercial Customers. Any labor action initiated by Contractor, including but not limited to a lock-out, shall not be grounds for any excuse from performance and Contractor shall perform all obligations under this Agreement during the pendency of such Contractor-initiated labor action.

The Party claiming excuse from performance shall, within forty-eight (48) hours after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section.

If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby.

The partial or complete interruption or discontinuance of Contractor's services caused by one (1) or more of the events described in this Section shall not constitute a default by Contractor under this Agreement.
b) Disputes. If a dispute should arise regarding the performance of this Agreement or compensation for work performed under this Agreement, the Parties hereby agree to attempt to settle the dispute by subsequent agreement between Contractor’s principal and the Assistant City Manager. In the event that a dispute continues, the principal of Contractor and the Assistant City Manager shall state their respective views of the dispute in a letter to City Manager, sending copies to each other. City Manager shall, within ten days of receiving letters from both Parties, consider the facts and solutions recommended by each Party. In such cases, the action of City Manager shall be binding 05/10/2022 C3 32 of 67
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upon both City and Contractor. Nothing in this procedure shall prohibit the Parties from seeking remedies available to them at law. In the event of litigation, the prevailing Party shall be entitled to reasonable attorney and other litigation expenses.

9. Section 7, Term of Agreement, of the Agreement is amended to read as follows:

TERM OF AGREEMENT
a) This Agreement shall take effect as of the Effective Date. b) Duration of Agreement: The term of this Agreement shall be amended to commence on January 1, 2022, and expire December 31, 2027, provided however, that commencing January 1, 2023, and every year thereafter, automatic one-year extensions shall be applied to said Agreement so that the term of the Agreement shall remain between five years and six years.
c) Annual Performance Review: City Manager, or his designee, shall annually conduct a contract year-end review to evaluate the level and quality of Contractor’s service in general, and to determine compliance, by Contractor, with the specific terms of this Agreement. Said review shall be conducted administratively and shall not require approval by City Council unless the service quality and/or level is unsatisfactory, or unless review is requested by a member of City Council. The finding thereof shall be transmitted to Contractor in writing.
d) Should Contractor fail or refuse to comply with the conditions of this Agreement and Contractor has been given written notice of noncompliance by City Manager and Contractor has further been given thirty (30) days to correct such deficiencies, City Council may, at its option and after a hearing, of which Contractor shall have ten (10) days written notice, terminate the contract and let the contract to another Party deemed more capable of carrying out its terms.

10. Section 12, Indemnification & Insurance, of the Agreement is amended to read as follows:

INDEMNIFICATION & INSURANCE
a) Contractor shall defend, indemnify and hold City, its officers, officials, employees, and volunteers (“Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Agreement or its performance except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”). This Duty of Indemnification is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
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b) Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. c) Without limiting Contractor’s indemnification, it is agreed that Contractor shall maintain in force at all times during the performance of this Agreement the policy or policies of insurance set forth in Exhibit J.

11. The following Exhibits are attached hereto and incorporated into the Agreement: Exhibit A (Single-Family Three-Container System (Blue, Green, and Gray Containers); Exhibit B (Multi- Family and Commercial Three-Container System (Blue, Green, and Gray Containers)); Exhibit C (C&D and Bulky Item Services); Exhibit D (Processing, Transfer, and Disposal Services and Facility Standards); Exhibit E (Contamination Monitoring); Exhibit F (Hauler Route Review and Waste Evaluations); Exhibit G (Education and Outreach); Exhibit H (Recordkeeping and Reporting); and Exhibit I (Definitions).

12. All other conditions of the Agreement shall continue in full force and effect.

IN WITNESS WHEREOF; the Parties have executed this First Amendment to the Restated Agreement as of the Effective Date.

CITY OF VISTA, a chartered municipal
corporation
By:

JUDY RITTER, MAYOR
ATTEST:

KATHYVALDEZ, CITYCLERK
By:

APPROVED AS TO FORM:

DAROLDPIEPER, CITYATTORNEY
By:

RISK MANAGEMENT REVIEW:

DOLORESGASCON, RISKMANAGER
By:

EDCO DISPOSAL CORPORATION, a
California corporation
By:

NAME/TITLE
By:

NAME/TITLE

APPROVED
Darold Pieper
20220419113413
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00106988 2 EXHIBIT A, PAGE 1

EXHIBIT A

SINGLE- FAMILY THREE- CONTAINER SYSTEM ( BLUE, GREEN, AND GRAY

CONTAINERS)
A. 1 Source Separated Recyclable Materials Collection ( Blue Container Collection) Contractor shall Collect Source Separated Recyclable Materials placed in Contractor-provided Blue Carts ( or otherwise placed in accordance with this Section) one ( 1) time per week from Single-Family Customers and shall Transport all Source Separated Recyclable Materials to the Source Separated Recyclable Materials Processing Facility for Processing.

Containers: Carts
Container Sizes: 64, -gallon Blue Carts (or comparable sizes approved by the City).

Standard Container is a 64-gallon Cart, unless Customer requests an alternative size.

Service Frequency: One (1) time per week on the same day as SSGCOW and Gray Container Waste Collection services.

Service Location: Curbside
Acceptable Materials: Source Separated Recyclable Materials Prohibited Materials: Materials designated for the Gray Container, materials designated as acceptable SSGCOW, Excluded Waste
Additional Service: Single-Family Customers shall receive one (1) Blue Cart standard and may request up to two (2) additional Blue Container at no additional charge.

Contractor shall provide additional Blue Container to Single-Family Customers upon request and may charge the appropriate Rate approved by the City.

Other Requirements: Contractor may refuse to Collect a Blue Cart that contains Prohibited Container Contaminants if Contractor complies with the contamination noticing process described in Exhibit E of this Agreement.

A. 2 SSGCOW Collection ( Green Container Collection)
Contractor shall Collect SSGCOW placed in Contractor-provided Green Carts ( or otherwise placed in accordance with this Section) one (1) time per week from Single-Family Customers and Transport all SSGCOW to the SSGCOW Processing Facility for Processing.

Containers: Carts
Container Sizes: 96-gallon Green Carts (or comparable sizes approved by the City).

Service Frequency: One (1) time per week on the same day as Source Separated Recyclable Materials and Gray Container Waste Collection service.

Service Location: Curbside
Acceptable Materials: SSGCOW (including Yard Trimmings and Food Waste) Prohibited Materials: Materials designated as acceptable Source Separated Recyclable Materials, materials designated for the Gray Container, Excluded Waste Additional Service: Single-Family Customers shall receive one (1) Green Cart standard and may request up to two (2) additional Green Carts at no additional charge. 05/10/2022 C3 35 of 67
00106988 2 EXHIBIT A, PAGE 2
Contractor shall provide additional Green Carts to Single-family Customers upon request and may charge the appropriate Rate approved by the City.

Other Requirements: Contractor shall offer to all Single-Family Customers kitchen pails designed to contain Food Scraps prior to placement in the Customer's Green Cart. Kitchen pail specifications shall be approved by the City prior to ordering and distribution.

Contractor may refuse to Collect a Green Cart that contains Prohibited Container Contaminants if Contractor complies with the contamination noticing process described in Exhibit E of this Agreement.

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

Containers: Carts, Temporary Containers
Container Sizes: 32 and 96-gallon Gray Carts (or comparable sizes approved by the City).

Service Frequency: One (1) time per week on the same day as Source Separated Recyclable Materials and SSGCOW Collection service.

Service Location: Curbside
Acceptable Materials: Gray Container Waste.

Prohibited Materials: Materials designated as acceptable Source Separated Recyclable Materials, materials designated as acceptable SSGCOW, Excluded Waste Additional Service: Contractor shall provide additional Gray Carts and/or Temporary Containers to Single-family Customers upon request and may charge the appropriate Rate approved by the City.

Other Requirements: None.
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00106988 2 EXHIBIT B, PAGE 1

EXHIBIT B

MULTI- FAMILY AND COMMERCIAL THREE- CONTAINER SYSTEM

BLUE, GREEN, AND GRAY CONTAINERS)
B. 1 Source Separated Recyclable Materials Collection ( Blue Container Collection) Contractor shall Collect Source Separated Recyclable Materials placed in Contractor-provided Blue Containers from Multi-Family and Commercial Customers and shall Transport all Source Separated Recyclable Materials to the Source Separated Recyclable Materials Processing Facility for Processing.

Containers: Carts, Bins, Drop Boxes, and Compactors
Container Sizes: 64, and 96-gallon Carts (or comparable size approved by the City); 1, 2, 3, 4, 5, and 6-cubic yard Bins; 3-cubic yard Split-Bins; 2, 3, and 4-cubic yard Bin Compactors, and
7, 20, 30, and 40-cubic yard Drop Boxes; or
Customer Owned Compactors.

As requested by Customer.

Service Frequency: Not less than one (1) time per week for each Customer. The Contractor shall provide additional Collection frequency as requested by Customer at a City-approved Rate.

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

Acceptable Materials: Source Separated Recyclable Materials Prohibited Materials: Materials designated for the Gray Container, materials designated as acceptable SSGCOW, Excluded Waste
Additional Service: Special pick-ups requested by a Customer, on days other than their regularly scheduled Collection day, shall be provided by Contractor at a City-approved Rate.

Other Requirements: Contractor shall make contact with each and every Multi-Family and Commercial Customer in advance of the commencement of new Source Separated Recyclable Material Collection service to determine appropriate Container sizes and service frequency. New service shall be initiated for all Customers unless said Customers are exempted from Source Separated Recyclable Materials services by the City.

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

Contractor may refuse to Collect a Blue Container that contains Prohibited Container Contaminants if Contractor complies with the contamination noticing process described in Exhibit E of this Agreement. 05/10/2022 C3 37 of 67
00106988 2 EXHIBIT B, PAGE 2
B.2 SSGCOW Collection ( Green Container Collection)
Contractor shall Collect SSGCOW in Contractor-provided Green Containers not less than one (1) time per week from Multi-Family and Commercial Customers and shall Transport all SSGCOW to the SSGCOW Processing Facility for Processing. SSGCOW Collection services shall be provided by Contractor to Multi-Family and Commercial Customers that enroll in Gray Container Collection service at City-approved rates.

Containers: Carts, Bins, Drop Boxes, Compactors
Container Sizes: 64, and 96-gallon Carts (or comparable size approved by the City); 2-cubic yard Bins; and
Customer Owned Compactors.

As requested by Customer.

Service Frequency: Not less than one (1) time per week for each Customer. The Contractor shall provide additional Collection frequency as requested by Customer at a City-approved Rate.

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

Acceptable Materials: SSGCOW
Prohibited Materials: Materials designated as acceptable Source Separated Recyclable Materials, materials designated for the Gray Container, Excluded Waste Additional Service: Special pick-ups requested by a Customer, on days other than their regularly scheduled Collection day, shall be provided by Contractor at a City-approved Rate.

Other Requirements: Contractor shall make contact with each and every Multi-Family and Commercial Customer in advance of the commencement of new SSGCOW Collection service to determine appropriate Container sizes and service frequency. New service shall be initiated for all Customers unless said Customers are exempted from SSGCOW services by the City.

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

Contractor may refuse to Collect a Green Container that contains Prohibited Container Contaminants if Contractor complies with the contamination noticing process described in Exhibit E of this Agreement. 05/10/2022 C3 38 of 67
00106988 2 EXHIBIT B, PAGE 3
B.3 Gray Container Waste Collection ( Gray Container Collection) Contractor shall Collect Gray Container Waste placed in Contractor-provided Gray Containers not less than one (1) time per week from Multi-Family and Commercial Customers and Transport all Gray Container Waste to the Disposal Facility for Disposal.

Containers: Carts, Bins, Drop Boxes, Compactors
Container Sizes: 32, 64, and 96-gallon Carts (or comparable size approved by the City); 1, 2, 3, 4, 5, and 6-cubic yard Bins; 3-cubic yard Split-Bins; 2, 3, and 4-cubic yard Bin Compactors, and
7, 20, 30, and 40-cubic yard Drop Boxes; or
Customer Owned Compactors.

As requested by Customer.

Service Frequency: Not less than one (1) time per week for each Customer. The Contractor shall provide additional Collection frequency as requested by Customer at a City-approved Rate.

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

Acceptable Materials: Gray Container Waste
Prohibited Materials: Materials designated as acceptable Source Separated Recyclable Materials, materials designated as acceptable SSGCOW, Excluded Waste.

Additional Service: Special pick-ups requested by a Customer, on days other than their regularly scheduled Collection day, shall be provided by Contractor at a City-approved Rate.

Other Requirements: Contractor shall open and close gates, push and/or pull Containers, lock and unlock Containers, or perform other services as reasonably necessary to access and service Containers ( additional City-approved charge may apply).
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00106988 2 EXHIBIT C, PAGE 1

EXHIBIT C

C& D AND BULKY ITEM SERVICES
C.1 General
Contractor shall Collect Construction and Demolition Debris (also referred to herein as “C&D”) and Bulky Items from Customers that voluntarily subscribe to its C&D and Bulky Item Collection services. These services require pickup of C&D and Bulky Items from all Customers in the City on an on-call basis for a service fee negotiated between the Contractor and the Customer. Upon request, Contractor shall supply Customers with appropriately sized containers.

Contractor shall deliver the collected Bulky Items to the appropriate Facility for reuse, processing, or Disposal, as reasonably determined by the Contractor depending on the type of materials Collected. Contractor may not landfill Bulky Items unless the Bulky Items cannot be reused or recycled. Contractor shall use best efforts to recycle C&D by processing the Collected materials at state permitted C&D Processing Facilities. Collection of Bulky Items and C&D must comply with SB 1383.

C.2 Transport, Processing, and Disposal
Transport, Processing and Disposal of C&D and Bulky Items Collected by Contractor shall be conducted in accordance with Exhibit D.

C.3 Record Keeping and Reporting
Contractor shall submit C&D and Bulky Item Tonnage information and other data pursuant to Exhibit E of this Agreement.
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00106988 2 EXHIBIT D, PAGE 1

EXHIBIT D

PROCESSING, TRANSFER, AND DISPOSAL SERVICES AND FACILITY

STANDARDS
Contractor has selected and arranged for Discarded Materials to be Transported to Facilities for Processing and/or Disposal in accordance with this Exhibit D. Contractor shall Transfer all Discarded Materials in accordance with the Agreement for Transfer and Disposal Services Between Regional Solid Waste Association and EDCO Disposal Corporation, dated June 16, 1999 (RSWA Agreement). The Facilities shall comply with the standards specified in this Exhibit D.

D.1 General Requirements
A. Overview. Contractor agrees to Transport Discarded Materials it Collects in the City to an appropriate Facility(ies) for Processing and/or Disposal, as applicable for each type of Discarded Material. Contractor will perform all Processing and/or Disposal services at Facilities in accordance with Applicable Law, standard industry practice, and other requirements of this Agreement.

B. Use of Facilities. Contractor, without constraint and as a free-market business decision in accepting this Agreement, agrees to use the Facilities for the purposes of Processing and/or Disposal of all Source Separated Recyclable Materials, SSGCOW, Gray Container Waste, and other materials Collected in the City.

C. Compliance with Regulatory Requirements and Applicable Law. Contractor shall keep all existing permits and approvals necessary for use of the Facilities, which are owned or operated by Contractor, in full regulatory compliance. Upon request, Contractor shall provide copies of facility permits and/or notices of violations (obtained from its Facility Subcontractor if necessary) to City Contract Manager.

D. Notification of Emergency Conditions. Each Facility owned or operated by Contractor shall notify the City of any unforeseen operational restrictions that have been imposed upon the Facility by a regulatory agency or any unforeseen equipment or operational failure that will temporarily prevent the Facility from Processing or Disposing of the Discarded Materials Collected under this Agreement.

E. Facility Standards ( Recyclable Materials, SSGCOW and Gray Container Waste)

1. Source Separated Recyclable Materials Processing Facility ( Blue Containers).

Contractor’s Source Separated Recyclable Materials Processing Facility shall be a Facility or operation that Processes Single-Family, Multi-Family, and Commercial Source Separated Recyclable Materials to recover materials designated for Collection in the Blue Container.

2. SSGCOW Processing Facility ( Green Containers). Contractor’s SSGCOW Processing Facility shall be a facility that: (i) Processes Single-Family, Multi-Family, and Commercial SSGCOW Collected in accordance with this Agreement; and, (ii) is a “transfer/processor” or “composting operation” or “composting facility” as defined within the definition of Designated Source Separated Organic Waste Processing Facility” in 14 CCR Section 18982(a)(14.5), which will include Contractors in-vessel anaerobic digestion facility as an acceptable Organic Waste Processing Facility
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00106988 2 EXHIBIT D, PAGE 2

3. Disposal Facility ( Gray Containers). Contractor’s Disposal Facility shall be a Disposal Facility that accepts Single-Family, Multi-Family, and Commercial Gray Container Waste Collected in accordance with this Agreement for Disposal.

F. C& D Program Standards

1. Contractor shall deliver C&D loads to a C&D Processing Facility for Processing.

2. Contractor shall deliver Source Separated C&D such as, but not limited to, dirt, concrete, wood waste, cardboard, or other recyclable C&D materials resulting from construction or demolition to a C&D Processing Facility or other Facility authorized for recycling C&D.

3. Contractor shall arrange for Processing of Organic Waste in C&D at a Facility that recovers Organic Waste from C&D and in a manner deemed not to constitute Landfill Disposal pursuant to 14 CCR Section 18983.1(a), which states that Landfill Disposal includes final deposition of Organic Waste at a Landfill or use of Organic Waste as Alternative Daily Cover (ADC) or Alternative Intermediate Cover (AIC).

D.2 Scales and Weighing
Contractor is solely responsible for ensuring accurate weighing of all materials entering and leaving the Facilities.

A. Facility Scales. Contractor shall maintain State-certified motor vehicle scales in accordance with Applicable Law. All scales shall be linked to a centralized computer recording system at the Facilities to record weights for all incoming and outgoing materials. Pending substitution of portable scales, Contractor shall, as necessary, estimate the tonnages of materials delivered to and Transported from the Facilities, on the basis of delivery vehicle and Transfer trailer volumes, tare weights, and/or other available facility weight records. These estimates shall take the place of actual weights while scales are inoperable and shall be identified as estimates in electronic records and reporting.

B. Records. Contractor shall maintain computerized scale records and reports that provide information including date of receipt, inbound time, inbound and outbound weights of vehicles, and vehicle identification number. Contractor shall also maintain computerized scale records and reports providing historical vehicle tare weights for each vehicle and the date and location for each tare weight recorded.

C. Upon- Request Reporting. For purposes of performing Contamination Monitoring Inspections, and if vehicle collection activities are recorded on video cameras, Contractor shall make those videos available for City review during Contractor operating hours, upon request of the City.
05/10/2022 C3 42 of 67
00106988 2 EXHIBIT E, PAGE 1

EXHIBIT E

CONTAMINATION MONITORING
E.1 Upon identification of Prohibited Container Contaminants in a Customer’s Container, Contractor shall provide the Customer with a notice of contamination in the form of either a courtesy pick-up notice or a non-collection notice as determined by the route auditor.

A. Courtesy Pick- Up Notices. Upon identification of Prohibited Container Contaminants in a Customer's Container, Contractor shall provide the Customer a courtesy pick-up notice at the Customers door or gate; or, subject to City's approval, may deliver the notice by mail, e-mail, or text message. Contractor shall also attach or adhere the courtesy pick-up notice to Generator’s Contaminated Containers.

The courtesy pick-up notification shall, at a minimum: ( i) inform the Customer of the observed presence of Prohibited Container Contaminants; (ii) include the date and time the Prohibited Container Contaminants were observed; ( iii) include information on the Customer's requirement to properly separate materials into the appropriate Containers, and the accepted and prohibited materials for Collection in each Container; (iv) inform the Customer of the courtesy pick-up of the contaminated materials on this occasion with information that the Contractor may issue a non-collection notice in the future; and (v) Include photographic evidence.

The format of the courtesy pick-up notice shall be approved by the City Contract Manager and must be a distinct color from the non-collection notices.

Contractor shall Collect the contaminated Source Separated Recyclable Materials and/or SSGCOW Containers and either Transport the material to the appropriate Facility for Processing; or, Contractor may Collect the contaminated materials with Gray Container Waste and Transport the contaminated materials to a Disposal Facility. A courtesy Collection of contaminated Source Separated Recyclable Materials or SSGCOW where the materials are sent to the Disposal Facility may be made with a Gray Container Waste Collection vehicle, provided that the contaminants may safely and lawfully be Collected as Gray Container Waste.

B. Non- Collection Notices.

Upon identification of Prohibited Container Contaminants in a Container in excess of standards agreed upon by the Parties or Excluded Waste, Contractor shall provide a non- collection notice to the Generator.

The non-collection notice shall, at a minimum: (i) inform the Customer of the reason(s) for non-collection; (ii) Include the date and time the notice was left or issued; (iii) Describe the premium charge to Customer for Contractor to return and Collect the Container after Customer removes the contamination; ( iv) provide a warning statement that failure to comply may result in additional non-collection; and (v) include photographic evidence of the violation(s).
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00106988 2 EXHIBIT E, PAGE 2
E.2 Communications with Customer.

Whenever a Container at the Premises of a Commercial or a Multi-Family Customer is not Collected due to the presence of Prohibited Container Contaminants, Contractor shall contact the Customer within two (2) Working Days of the scheduled Collection day by telephone, email, text message, or other verbal or electronic message to explain why the Container was not Collected and encourage the Customer to adopt proper Discarded Materials preparation and separation procedures.

E.3 Contractor Return for Collection.

Upon request from Customer, Contractor shall Collect Containers that received non- collection notices within one (1) Working Day of Customer's request if the request is made at least two (2) Working Days prior to the regularly scheduled Collection Day. Contractor shall bill Customer for the extra Collection service event ("extra pick-up") at the applicable City-approved Rates only if Contractor notifies Customer of the premium Rate for this service at the time the request is made by Customer.

E.4 Disposal of Contaminated Materials.

If Contractor observes Prohibited Container Contaminants in a Generator’s Container(s), Contractor may Dispose of the Container’s contents, provided Contractor complies with the noticing requirements of this Exhibit.
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00106988 2 EXHIBIT F, PAGE 1

EXHIBIT F

HAULER ROUTE REVIEW AND WASTE EVALUATIONS
F.1 Hauler Route Review Option
A. Methodology and Frequency. Contractor shall, at its sole expense, conduct Hauler Route reviews for Prohibited Container Contaminants in Containers in a manner that is deemed safe by the Contractor; is approved by the City; and, is conducted in a manner that results in all Hauler Routes being reviewed annually or more frequently.

Contractor shall develop a Hauler Route review methodology to accomplish the above Container inspection requirements and such methodology shall comply with the requirements of 14 CCR Section 18984.5(b).

The City’s Contract Manager may request, and Contractor shall accept, modifications to the schedule to permit observation of the Hauler Route reviews by the City. In addition, Contractor shall provide an email notice to the City’s Contract Manager no less than then 10) Working Days prior to each scheduled Hauler Route review that includes the specific time(s), which shall be within the City’s normal business hours, and location(s).

B. Noticing of Generators with Contamination, Non- Collection and Disposal of Materials. Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the contamination noticing procedures and contaminated Container handling protocols set forth in Exhibit E.

C. Reporting Requirements. Contractor shall maintain records and report to the City on contamination monitoring activities and actions taken, in accordance with Exhibit E.

F.2 Waste Evaluation Option
A. General. When applicable, Contractor shall, at its sole expense, conduct waste evaluations that comply with the requirements of this Section and meet the requirements of 14 CCR Section 18984.5(c). The City maintains the right to observe, or hire a third party to observe, the waste evaluations.

The City's Contract Manager may request, and Contractor shall accept, modifications to Contractor’s schedule to permit observation of the waste evaluations by the City. In addition, Contractor shall provide an email notice to the City's Contract Manager no less than ten (10) Working Days prior to each scheduled waste evaluation that includes the specific time(s), which shall be within the City's normal business hours, and location(s).

B. Sampling Method, Study Protocols. When applicable, the Contractor shall conduct waste evaluations for Prohibited Container Contaminants by sampling the contents of Containers on Hauler Routes in the following manner.

1. The Contractor shall conduct waste evaluations at least twice per year and the evaluation shall occur in two distinct seasons of the year. 05/10/2022 C3 45 of 67
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2. The waste evaluations shall include samples from each Container type serviced by the Contractor ( Source Separated Recyclable Materials, SSQCOW, Mixed Waste, and Gray Container Waste) and shall include samples taken from different areas in the City that are representative of the City’s waste stream. The waste evaluations shall include at least the following minimum number of samples from all the Hauler Routes included in the studies:
a. For Hauler Routes with less than 1,500 Generators, the study shall include a minimum of 25 samples;
b. For Hauler Routes with 1,500-3,999 Generators, the study shall include a minimum of 30 samples;
c. For Hauler Routes with 4,000-6,999 Generators, the study shall include a minimum of 35 samples; and
d. For Hauler Routes with 7,000 or more Generators, the study shall include a minimum of 40 samples.

3. The Contractor shall Transport all of the material Collected for sampling to a sorting area at a Facility, where the presence of Prohibited Container Contaminants for each Container type shall be measured to determine the ratio of Prohibited Container Contaminants present in each material stream by weight. To determine the ratio of Prohibited Container Contaminants, the Contractor shall use the following protocol:
a. The Contractor shall take one sample of at least a 200 pounds from the material Collected from each material stream for sampling ( e.g., a 200- pound sample taken from the combined contents of the SSGCOW Container samples).
b. The 200-pound sample shall be randomly selected from different areas of the pile of Collected material for that material stream. c. For each 200-pound sample, the Contractor shall remove any Prohibited Container Contaminants and determine the weight of Prohibited Container Contaminants.
d. The Contractor shall determine the ratio of Prohibited Container Contaminants in the sample by dividing the total weight of Prohibited Container Contaminants by the total weight of the sample. e. All weights shall be recorded in pounds.
f. The facility, scales, and weighing process used for the study shall meet the standards of Section D.2 of Exhibit D.

C. Contamination Response. If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the Contractor shall notify the City and perform one of the following within fifteen (15) Working Days of the waste evaluation:
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1. Notify all Generators on the sampled Hauler Route of their requirement to properly separate materials into the appropriate Containers. The Contractor may provide this information by placing a written notice on the Generators’ Containers or the gate or door of the Premises; and/or by mail, email, or electronic message to the Generators; or

2. Perform a targeted Route Review of Containers on the Hauler Route sampled for waste evaluations to determine the sources of contamination and notify those Generators of their obligation to properly separate materials. The Contractor may provide this information to these Generators by placing a written notice on the Generators’ Containers or the gate or door of the Premises; and/or by mail, e-mail, or electronic message to the applicable Generators.

D. Contamination Notification. Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the contamination noticing procedures and Contaminated Container handling protocols set forth in Exhibit E, which include protocols for non-collection and Disposal of contaminated materials. 05/10/2022 C3 47 of 67
00106988 2 EXHIBIT G, PAGE 1

EXHIBIT G

EDUCATION AND OUTREACH
G.1 General.

To promote public education, Contractor shall create all public education materials and conduct education programs and activities described in this Section at its expense, except as otherwise provided below.

G.2 Program Objectives.

Contractor’s public education and outreach strategy shall focus on improving Generators’ understanding of the benefits of and opportunities for source reduction, Reuse, and Landfill Disposal reduction, and designed to ensure overall compliance with SB 1383 education and outreach requirements. The cumulative intended effect of these efforts is to reduce each Generator’s reliance on Contractor-provided Gray Container Waste service and, ultimately, Disposal, and Contractor agrees to support and not undermine or interfere with such efforts.

G.3 Contractor Cooperation and/ or Support for City Educational Efforts.

Contractor acknowledges that they are part of a multi-party effort to operate and educate the public about the integrated waste management system. Contractor shall cooperate and coordinate with the City Contract Manager on public education activities to minimize duplicative, inconsistent, or inappropriately timed education campaigns.

Contractor shall obtain approval from the Contract Manager on all Contractor-provided public education materials including, but not limited to: print, radio, television, or internet media before publication, distribution, and/or release. City shall have the right to request that Contractor include City identification and contact information on public education materials and approval of such requests shall not be unreasonably withheld. The City reserves the right to direct the Contractor to modify the education and outreach program at any time.

G.4 Annual and/ or Ongoing Education Requirements
A. Minimum Education and Outreach Requirements for Customers. Prior to February 1, 2022, and annually thereafter, the Contractor shall include the following education and outreach content to Customers, by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to Customers.

1. Information on the Generator’s requirements to properly separate Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste and place such materials in appropriate Containers pursuant to this Agreement, SB 1383 Regulations, and all other Applicable Law.

2. Information on methods for the prevention of Source Separated Recyclable Materials and SSGCOW generation; managing SSGCOW on Generator’s Premises through Composting or other Landfill Disposal reduction activities 05/10/2022 C3 48 of 67
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allowed under 14 CCR Sections 18983.1 and 18983.2; sending SSGCOW to Community Composting operations; and any other local requirements regarding Discarded Materials.

4. Information regarding the methane reduction benefits of reducing the Disposal of SSGCOW, and the method(s) that the Contractor uses to recover SSGCOW.

5. Information regarding how to recover SSGCOW and a list of haulers approved by the City.

6. Information related to the public health and safety and environmental impacts associated with the Disposal of SSGCOW.

7. Information regarding programs for donation of Edible Food.

8. Information regarding self-hauling requirements.

B. Annual Multi- Family and Commercial Customer Signage. Contractor shall provide all Multi-Family and Commercial Customers with Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste program guidelines, including posters to be placed in Collection areas and enclosures and other community areas at each Premises or building where Discarded Materials are stored.

C. Billing Inserts. Upon City request, Contractor agrees to insert and distribute brochures, newsletters, or other information developed by the City as inserts in Contractor’s Customer invoices at no additional charge to the City. Upon City request, Contractor shall be responsible for printing the bill inserts. For Customers receiving electronic bills, Contractor agrees to distribute brochures, newsletters, or other information developed by the City as attachments to Customer invoices at no additional charge to the City. Contractor shall provide electronic bill inserts (or separate email attachments) to Customers who are billed electronically, and paper bill inserts to Customers who receive paper bills. Electronic bill inserts/attachments must be readily available for the Customer to view upon receipt of the invoice (attachments shall not be provided as links). Upon City request for such inserts, Contractor shall comply with such request during its next billing cycle for the targeted Customer group.

D. Minimum Website Requirements. Contractor shall develop and maintain a website (with a unique URL specific to the City) that is specifically dedicated to the City to provide Generators with detailed service information. The website or webpage shall be accessible by the public and shall include all education and outreach materials being provided, without requirement for login. Contractor shall update the website regularly so that information provided is current.

G.2 Material Distribution Methods. Contractor shall use the following methods to provide the education information required under this Exhibit. All materials are to be approved by the City prior to distribution.

A. Printed materials. The Contractor shall be responsible for the design, printing, and distribution of printed materials. All Contractor-printed public education materials shall, at a minimum, use recycled paper and/or be made of recycled material. The Contractor will use 100% post-consumer paper and procure printed materials from local businesses. 05/10/2022 C3 49 of 67
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B. Electronic materials and website content. Contractor shall provide electronic and website content for education and outreach materials, which may include, but are not limited to: digital graphics, digital versions of print materials, social media posts, and blog posts. The Contractor shall be responsible for the design, posting, and electronic distribution of these materials.

G.3 Non- English Language Requirements. The Contractor shall make all required public education and outreach materials available in English and Spanish. Upon City request, Contractor may provide materials in additional languages beyond those specified in this Section in response to shifting demographics within the City; updates to State requirements, Applicable Law, or any other reason deemed appropriate by the City. 05/10/2022 C3 50 of 67
00106988 2 EXHIBIT H, PAGE 1

EXHIBIT H

RECORDKEEPING AND REPORTING
H.1 Record Keeping
A. General. Contractor shall maintain Customer contact data, Customer service, accounting, statistical, operational, and other records related to its performance as shall be necessary to provide reporting required by this Agreement and Applicable Law and to demonstrate compliance with this Agreement and Applicable Law (such as, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, and SB 1383, and corresponding regulations). In response to future changes in Applicable Law, and upon written direction or approval of City, the records and reports required by Contractor in accordance with this and other Sections of this Agreement may be adjusted in number, format, or frequency.

Contractor shall maintain adequate records, and corresponding documentation, of information required by this Exhibit, such that the Contractor is able to produce accurate monthly (upon City request) and annual reports, and is able to provide records to verify such reports.

Contractor will make these records available and provide to the City any record or documentation necessary for the City to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, and SB 1383, and corresponding regulations. Upon request by the City, Contractor shall provide access to Contractor’s requested records in a timely manner, not to exceed ten (10) Working Days from the time of City’s request to Contractor.

B. Record Retention and Security. Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed, pursuant to this Exhibit. Contractor’s records shall be stored in one central location, physical or electronic, that can be readily accessed by Contractor. Unless otherwise required in this Exhibit, Contractor shall retain all records and data required to be maintained by this Agreement for the Term of this Agreement plus five (5) years after its expiration or earlier termination. City is subject to the California Public Records Act (Government Code section 6250, et. seq.) and nothing in this Agreement is intended to impair City's requirements or obligations under that Act.

H.2 Reporting
H.2.1 General
A. Report Format. Contractor may use a Contractor-selected format for each report, if approved by the City. The City reserves the right to request modification to the report format(s) or to deny this format request and provide the Contractor with a City-approved format.

B. Submittal Process. All reports shall be submitted to the City, electronically via email or uploaded to a document sharing platform agreed upon by the Parties. Annual reports shall be submitted within forty-five (45) days after the end of the reporting calendar year. The reporting year shall run from January 1 – December 31.

C. Interim Report Requests. Contractor shall comply with any City interim reporting request made by City in effort to comply with CalRecycle inspections or for any other reason.

Contractor must make a good faith effort to comply such that City’s records are complete prior to any CalRecycle inspection.
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H.2.2 Annual Reports
Annual Reporting. Contractor shall provide an annual report, covering the most recently completed calendar year, in accordance with the format and submittal requirements of Exhibit E.

Annual reports shall include all information required by SB 1383, including but not limited to, the information required under 14 CCR Sections 17414.2, 17896.45, 18815.4, 18815.5, 18815.7, 18984.4, 18984.6, 18984.14, 18985.3, 18994.2 and shall include the information in the following subsections:

A. Tonnage Report.

Contractor shall report the total quantities in Tons of Discarded Materials Collected, Transferred, Processed, and Disposed by the Contractor, all of which shall be based on actual certified scale weights for each load, if available. Tonnage shall be reported separately by material type, customer/sector type, or by Facility, or as otherwise requested by the City.

B. Diversion Report.

Contractor shall report annual Diversion totals and averages for the previous year and any other requirements pursuant SB 1383. Contractor must deliver to City diversion data for the franchised services performed under this Agreement in the format specified by City.

C. Collection Services Report.

A summary of Customer account subscription data.

The number of C&D Collection Sites served and Tonnage Collected, Tonnage Diverted, and Diversion level for each C&D Collection Sites.

The number of Bulky Item Collections by Customer Type.

The number of waiver reverifications performed by the Contractor, if any, including a copy of documentation for each reverification inspection, which shall include, at a minimum: the Generator’s name, address, and Generator type; the type of waiver being verified; any photographic or other evidence collected during the inspection; and the resulting recommended conclusion by the Contractor regarding the validity of the waiver. The Contractor shall provide a summary of recommendations to City of all waivers which the Contractor concludes to no longer be warranted.

D. Processing Facility Report.

Temporary Equipment or Operations Failure: If the Contractor is granted a processing facility temporary equipment or operational failure waiver, the Contractor shall include the following documents and information:

1. The number of days the Processing Facility temporary equipment waiver or operation failure waiver was in effect.

2. Copies of any notifications sent to City and copies of City notices to Contractor.

3. Documentation setting forth the date of issuance of the waiver, the timeframe for the waiver.
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E. Customer Service Log. A summary of the type and number of complaints and their resolution.

F. Homeless Encampments and Illegal Disposal Sites. The total Tonnage amount of Discarded Materials, listed separately by Discarded Material type, removed from homeless encampments and illegal disposal sites as part of an abatement activity, listing each Collection event separately by date, location, and Tonnage Collected, if the total amount of material removed exceeds 100 tons.

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

H. Public Education and Outreach Support. Contractor shall include the following documents and information:

1. A copy of all education and outreach materials provided to Generators, or otherwise used for education and outreach efforts in accordance with Exhibit G of this Agreement, including, but not limited to: flyers, brochures, newsletters, invoice messaging/billing inserts, e-mails, and website and social media postings. Contractor shall also provide the dates they provided the materials.

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

3. The number of Organic Waste Generators and Commercial Edible Food Generators that received information and the type of education and outreach used.

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

I. Compliance Monitoring and Enforcement Report. Contractor shall include the following documents and information:

1. A summary of the total number of SB 1383 Regulations non-compliance complaints that were received and investigated.

2. The number of times notices, violations, or targeted education material were issued to Generators for Prohibited Container Contaminants pursuant to Exhibit E of the Agreement.

3. The total number of Hauler Route reviews conducted pursuant to Exhibit F of the Agreement. A copy of written and/or electronic records and documentation for all audits, studies, compliance reviews, and all other inspections conducted pursuant to Exhibit F of the Agreement.

4. If applicable, the results of waste evaluations conducted pursuant to Exhibit F of the Agreement and the number of resulting targeted route reviews. 05/10/2022 C3 53 of 67
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J. Vehicle and Equipment Inventory. Contractor shall include the following documents and information:

1. If applicable, the name, physical location, and contact information of each entity, operation, or facility from whom the RNG was procured.

2. If applicable, the total amount of RNG procured by the Contractor for use in Contractor vehicles to provide service to City customers, in diesel gallon equivalents (DGE), including documentation evidencing procurement.

K. CALGreen Code Compliance. Contractor shall maintain records of any information or documentation required to demonstrate compliance with the California Green Building Standards Code (CALGreen Code) as it pertains to the services provided under this Agreement. City may request that this information be included in Contractor’s report(s). City shall notify the Contractor of this request within ten (10) Working Days prior to the submittal deadline of the report where the information is to be included.

H.2.3 Quarterly Reporting.

Contractor shall provide the following on a quarterly basis:

1. The total number of notices issued under Exhibit E of the Agreement for Prohibited Container Contaminants, categorized by type of Generator.

2. Copies of all notices issued under Exhibit E of the Agreement for Prohibited Container Contaminants and education materials issued to non-compliant Generators.

3. Any other information reasonably requested by City or specified in contamination monitoring provisions of this Agreement.

H.2.4 Additional Reports.

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

B. Customized Reports. City reserves the right to request Contractor to prepare and provide customized reports from records Contractor is required to maintain.

C. Additional Reports. Contractor must furnish City with any additional reports as may reasonably be required, such reports to be prepared within a reasonable time following the reporting period. Contractor will provide reasonable assistance to City in preparing annual reports to CalRecycle, including but not limited to, supplying required data for preparation of the reports.

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

DEFINITIONS
AB 341” means the Assembly Bill approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded and replaced from time to time.

AB 939” means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq.), as amended, supplemented, superseded, and replaced from time to time.

AB 1826” means the Assembly Bill approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time.

Agreement” means this exclusive franchise agreement for Discarded Materials management between the City and Contractor for the Collection and subsequent Transfer, Transportation, Processing, and/or Disposal of Single-Family, Multi-Family, and Commercial Discarded Materials and C&D, including all exhibits and attachments, and any amendments thereto.

Alternative Daily Cover” or “ADC” has the same meaning as in 27 CCR Section 20690.

Alternative Intermediate Cover” or “AIC” has the same meaning as in 27 CCR Section 20700.

Applicable Law” means all Federal, State, County, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transportation, Processing, and Disposal of Discarded Materials that are in force on the Effective Date and as may be enacted, issued, or amended during the Term of this Agreement. Applicable Law includes, but is in no way limited to, AB 939, AB 341, AB 1826, and SB 1383 and corresponding regulations.

Bulky Items” means furniture, scrap metal, stoves, refrigerators, air conditioners, microwave ovens, water heaters, one television or computer monitor, and like items as determined by Contractor. Among other things, Bulky Items do not include tires, dirt, concrete, asphalt, or Excluded Waste.

CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions and other regulated entities.

C& D Processing Facility” means the Facility(ies) designated by Contractor for the processing of C&D materials.

Cart” means a plastic Container with a hinged lid and wheels serviced by an automated or semi- automated Collection vehicle. A Cart has capacity of 20, 35, 64 or 96 gallons (or similar volumes). 05/10/2022 C3 55 of 67
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Change in Law" means any of the following events or conditions that has a material and adverse effect on the performance by the Parties of their respective obligations under this Agreement except for payment obligations):
a. The enactment, adoption, promulgation, issuance, modification, or written change in administrative or judicial interpretation of any Applicable Law on or after the Effective Date; or,
b. The order or judgment of any governmental body, on or after the Effective Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of City or of the Contractor, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence.

Collect” or “Collection” means the act of taking physical possession of Discarded Materials at Single-Family, Multi-Family, or Commercial Premises within the City and from City facilities, and Transporting the Discarded Materials to a Facility for Processing, Transfer, or Disposal.

Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling.

Compost” or “ Composting” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the Gray Container Waste stream, or which are separated at a centralized facility. Compost has the same meaning as in 14 CCR Section 17896.2(a)(4) if otherwise defined in that section.

Container( s)” means a receptacle for temporary storage of Discarded Materials. Containers may include bins, Carts, roll-off boxes, compactors, cans, buckets, bags, or other storage instruments to the extent such Containers are permitted by the City for use for Collection services provided under this Agreement.

Contractor” means EDCO Disposal Corporation, organized and operating under the laws of the State and its officers, directors, employees, agents, companies, related-parties, affiliates, subsidiaries, and Subcontractors.

Customer” means the Person who receives the Contractor’s Collection services and to whom the Contractor submits its billing invoice to and collects payment from for Collection services provided to a Premises. The Customer may be either the Occupant or Owner of the Premises.

Designated Waste" means non-Hazardous Waste which may pose special Disposal problems because of its potential to contaminate the environment and which may be Disposed of only in Class ll Disposal sites.
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Discarded Materials" means Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste placed by a Generator in a receptacle and/or at a designated location for the purposes of Collection by Contractor, excluding Excluded Waste.

Disposal” or “Dispose” means the final disposition of any Gray Container Waste Collected by the Contractor or Residue from Contractor’s Processing activities at a permitted Landfill or other permitted Solid Waste Facility.

Disposal Facility” means the Facility(ies) designated by the Contractor for the disposal, or processing as appropriate, of Gray Container Waste and other materials as appropriate and acceptable.

Diversion ( or any variation thereof including “ Divert”)” means activities which reduce or eliminate Discarded Materials from Disposal, including, but not limited to, source reduction, Reuse, salvage, recycling, and Composting.

Effective Date” means the date on which the Agreement becomes binding upon the Parties, which is the date when the latter of the Parties has executed this Agreement or as otherwise specified in the Agreement.

Excluded Waste" means Hazardous Substance, Hazardous Waste, infectious Waste, Designated Waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Contractor reasonably believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be Disposed of in Class Ill landfills, waste that in Contractor's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential Gray Container Waste after implementation of programs for the safe Collection, recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the State Public Resources Code.

Facility( ies)” means any plant, site, or operation used for the purpose of handling Discarded Materials, including, but not limited to, Disposal, Transfer, recycling, Composting, and Processing Facilities or operations. Facilities include any one of or any combination of a C&D Processing Facility, Disposal Facility, SSGCOW Processing Facility, Source Separated Recyclable Materials Processing Facility, or Transfer Facility.

Food Scraps" means those Discarded Materials that will decompose and/or putrefy including:
i) all kitchen and table Food Waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and (iv) vegetable trimmings, houseplant trimmings and other compostable Organic Waste common to the occupancy of residential dwellings. Food Scraps are a subset of Food Waste.

Food- Soiled Paper" means compostable paper material that has come in contact with Food Scraps or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
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Food Waste” means Source Separated Food Scraps and Food-Soiled Paper. Food Waste is a subset of SSGCOW. Edible Food separated for Food Recovery shall not be considered Food Waste.

Generator” means any Person whose act or process produces Discarded Materials as defined in the State Public Resources Code, or whose act first causes Discarded Materials to become subject to regulation.

Gross Monies” means all revenue amounts received by Contractor for the provision of Collection Services pursuant to this Agreement, calculated in accordance with Generally Accepted Accounting Procedures (“GAAP”). Gross Monies does not include any revenues generated from the sale of Recyclable Material, compost product or energy, or other receipts from state and local government accounts (e.g., grants, cash awards and rebates).

Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s Collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

Hazardous Substance" means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "hazardous substances", "hazardous materials", "Hazardous Wastes", "toxic waste", "pollutant", or "toxic substances", or similarly identified as hazardous to human health or the environment, in or pursuant to: ( i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); ii) the Hazardous Materials Transportation Act, 49 USC § 1802, et seq.; ( iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 2531 vi) the Clean Air Act, 42 USC § 7901 et seq.; and, ( vii) California Water Code § 13050; ( b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other Applicable Law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's (PCBs), petroleum, natural gas, an synthetic fuel products, and by-products.

Infectious Waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.

Landfill” means a “Solid Waste Landfill” defined by State Public Resources Code Section 40195.1.

Multi- Family Residential Dwelling” or “Multi- Family” means a building or portion thereof used exclusively for residential purposes with five (5) or more dwelling units. Multi-Family Residential Dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered Commercial Businesses.

Owner" means the Person(s} holding legal title to real property and/or any improvements thereon, and shall include the Person(s} listed on the latest equalized assessment roll of the County Assessor.

Party” or “Parties” refers to the City and Contractor, individually or together. 05/10/2022 C3 58 of 67
00106988 2 EXHIBIT I, PAGE 5
Person” has the same meaning as in State Public Resources Code Section 40170, which states, as of the Effective Date of this Agreement, that a Person includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

Premises” means a tract of land with or without habitable buildings or appurtenant structures.

Rate" means the maximum amount, expressed as a dollar unit, approved by the City that the Contractor may bill a Customer for providing services under this Agreement. The Rates approved by City are the maximum Rate that Contractor may charge a Customer and Contractor may, in its sole discretion, charge any amount up to and including the maximum Rate approved by the City.

Renewable Natural Gas” or “ RNG” means gas derived from Organic Waste that has been diverted from a Landfill and Processed at an in-vessel digestion facility that is permitted or otherwise authorized by Title 14 to recover Organic Waste.

Residual” or “ Residue” means the Gray Container Waste destined for Disposal, further transfer/processing as defined in 14 CCR Section 17402(a)(30) or 14 CCR Section 17402(a)(31), or transformation which remains after Processing has taken place and is calculated in percent as the weight of Residual divided by the total incoming weight of materials.

Reuse” or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2).

Service Level” refers to the number and size of a Customer’s Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc.

Single- Family Residential Dwelling” or “Single- Family” means a building or portion thereof used exclusively for residential purposes with fewer than five (5) units. Single-Family Residential Dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered Commercial Businesses.

Source Separated Recyclable Materials Processing Facility” means the Facility(ies) designated by the Contractor for the processing of Source Separated Recyclable Materials.

SSGCOW Processing Facility” means the Facility(ies) designated by the Contractor for the processing of SSGCOW.

Subcontractor” means any Person, firm, or entity hired by Contractor to carry out any of Contractor’s duties under this Agreement.

Transfer” means the act of transferring Discarded Materials Collected by Contractor from Contractor’s Collection vehicles into larger vehicles at a Transfer Facility for Transport to other Facilities for Processing or Disposing of such materials. Transfer allows for removal of materials excluded or prohibited from handling at the Transfer Facility (e.g., removal of Hazardous Waste). 05/10/2022 C3 59 of 67
00106988 2 EXHIBIT I, PAGE 6
Transfer Facility” means the Facility(ies) used by the Contractor for the transfer of Discarded Materials Collected by Contractor for Transport to other Facilities for Processing or Disposing of such materials.

Transportation” or “Transport” means the act of conveying Collected materials from one location to another.

Working Days" means days on which the Contractor is required to provide regularly scheduled Collection services under this Agreement.

Yard Trimmings” means types of SSGCOW resulting from normal yard and landscaping installation, maintenance, or removal that the Generators Source Separate and set out in Green Containers for Collection for the purpose of Processing by the Contractor. Yard Trimmings are a subset of SSGCOW.
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Chapter 13. 15
Mandatory Organic Waste Disposal Reduction
Sections:

Section 13. 15.010 ( No Change in Text)
Section 13.15. 020 Definitions
Section 13.15. 030 Single- Family Residential Dwelling Occupants Section 13.15. 040 Commercial Businesses
Section 13.15. 045 Waivers for Generators
Section 13. 15.050
through ( No Change in Text)
Section 13. 15.070
Section 13. 15.075 Requirements for Franchise Haulers
Section 13. 15.080 ( No Change in Text)
Section 13. 15.090 Inspections and Investigations
Section 13. 15.100 Enforcement
Section 13. 15.110 ( No Change in Text)
Section 13. 15.020 Definitions
The following terms when used in this chapter shall have the meaning assigned below unless the context clearly indicates that a different meaning was intended:

Blue Container” through “Regional Agency” ( No Change in Text) Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for the purpose of identifying the quantity of materials in containers and/or the presence of Prohibited Container Contaminants. Remote Monitoring may, among other things, involve installation of devices on or in the Blue Containers, Green Containers, and Gray Containers.

Responsible Party” through “Wholesale Food Vendor” ( No Change in Text) Section 13.15. 030 Single- Family Residential Dwelling Occupants Single-Family Residential Dwelling Occupants, except those that meet the Self- Hauler requirements of this chapter, are subject to the following requirements:

A. Single-Family Residential Dwellings shall subscribe to the be automatically enrolled in City’s Organic Waste three-container (Blue Container, Green Container, and Gray Container) collection services and shall comply with the requirements of those services as described below in subsection B. with a minimum Source Separated Recyclable Materials (Blue Container) service level of 35 gallons per week, and with a minimum Source Separated Green Container Organic Waste (Green Container) service level of 35 gallons per week. City, acting through its City Manager or the City Manager’s designee, shall have the authority to change the minimum required Blue Container and 05/10/2022 C3 61 of67EXHIBIT
5 PAGE 2
Green Container service levels over time. The Single-Family Residential Dwelling’s Blue Container and Green Container service levels must be sufficient for the amount of Source Separated Recyclable Materials and Source Separated Green Container Organic Waste generated by the Single-Family Residential Dwelling. City shall have the right to review the number, size, and location of a generator’s Blue and Green cContainers, and frequency of collection, to evaluate adequacy of capacity for each type of collection service for proper separation of materials and containment of materials. Single-Family Residential Dwelling Occupants shall adjust their Blue and Green Container service levels as requested by City.

B. Single-Family Residential Dwelling Occupants shall participate in City’s three-container (Blue Container, Green Container, and Gray Container) collection service by placing designated materials in designated containers as followsdescribed below, and shall not place Prohibited Container Contaminants in collection containers:

1. Single-Family Residential Dwelling Occupants shall place Source Separated Green Container Organic Waste in the Green Container;

2. Single-Family Residential Dwelling Occupants shall place Source Separated Recyclable Materials in the Blue Container; and

3. Single-Family Residential Dwelling Occupants shall place Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

C. Nothing in this section prohibits Single-Family Residential Dwelling Occupants from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

Section 13. 15.040 Commercial Businesses
Commercial Businesses are subject to the following requirements:

A. Except for those that meet the Self-Hauler requirements of this chapter, Commercial Businesses shall be automatically enrolled in subscribe to the City’s Organic Wastethree-container (Blue Container, Green Container, and Gray Container) collection services and shall comply with the requirements of those services as described below in subsection B. with a Source Separated Recyclable Materials ( Blue Container) service level of 2 cubic yards per week and with a Source Separated Green Container Organic Waste (Green Container) service level of 2 cubic yards per week. City, acting through its City Manager or the City Manager’s designee, shall have the authority to change the minimum required Blue Container and Green Container service levels over time. The Commercial Business’ Blue Container and Green Container service levels must be sufficient for the amount of Source Separated Recyclable Materials and Source Separated Green Container Organic Waste generated by the Commercial Business. City shall have the right to review the number, size, and location of a generator’s Blue and Green cContainers, and frequency of collection, to evaluate adequacy of capacity for each type of collection service for proper separation of materials and containment of materials.

Commercial Businesses shall adjust their Blue and Green Container service levels as requested by City.
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B. Except for those that meet the Self-Hauler requirements of this chapter, Commercial Businesses shall participate in and comply with City’s three-container (Blue Container, Green Container, and Gray Container) collection service by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers follows:

1. Commercial Businesses shall place Source Separated Green Container Organic Waste in the Green Container;

2. Commercial Businesses shall place Source Separated Recyclable Materials in the Blue Container; and

3. Commercial Businesses shall place Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

C. Commercial Businesses shall supply and allow access to an adequate number, size, and location of collection containers, for use by employees, contractors, tenants and customers, consistent with City’s three container ( Blue Container, Green Container, and Gray Container) collection service.

D. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all areas where disposal containers are provided for customers, except for restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then it is not required to provide that container type. Pursuant to 14 CCR Section 18984.9(b), the containers provided by Commercial Businesses shall have at least one of the following characteristics:

1. A body or lid that conforms with the container colors provided through the collection service provided by City.
a. A Commercial Business is not required to replace non- compliant functional containers purchased prior to January 1, 2022 until the end of their useful life, or January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.

E. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials consistent with City’s Blue Container, Green Container, and Gray Container collection service.

F. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall periodically inspect Blue Containers, Green Containers and Gray Containers for contamination, and inform employees if containers are contaminated and of the 05/10/2022 C3 63 of 67
PAGE 4
requirement to keep Prohibited Container Contaminants out ofonly use those containers for Source Separated Green Container Organic Waste.

G. Commercial Businesses shall annually provide information to employees, contractors, tenants, and customers that describes Organic Waste Recovery requirements and proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

H. Commercial Businesses shall provide educational information to new tenants within fourteen (14) days of their occupation of the premises that describes the requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste, and that the location of containers and the rules governing their use on the premises.

I. Commercial Businesses shall provide, or arrange for, access to their premises for City or its agents during inspections conducted in accordance with Section

13.15.090 to confirm compliance with the requirements of this chapter.

I.J. Commercial Businesses shall participate in any City Remote Monitoring program for inspection of containers for Prohibited Container Contaminants.

K. Nothing in this section prohibits a Commercial Business from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site.

Section 13. 15.045 Waivers for Generators
A. De Minimis Waivers. City may waive a Commercial Business’ (including Multi-Family Residential Dwellings) obligation to comply with some or all of the Organic Waste requirements of this chapter if the Commercial Business generates below a certain amount of Organic Waste material as described in Section 13.15.045(b).

1. A Commercial Business requesting a de minimis waiver shall:
a. Submit an application, on a form provided by the City, specifying the service(s) for which they are requesting a waiver. b. Provide documentation establishing that either:

A. The Commercial Business’ total Solid Waste
collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or, B. The Commercial Business’ total Solid Waste
collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.

2. If City approves the waiver, the Commercial Business shall:
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PAGE 5
a. Notify City if circumstances change such that the
Commercial Business’ Organic Waste exceeds the threshold required for a waiver, in which case the City will rescind the waiver.
b. Provide written verification of eligibility for a de minimis waiver to the City every 5 years.

B. Physical Space Waivers. City may waive a Commercial Business’, Multi- Family Residential Dwellings’ or Single-Family Residential Dwellings’ obligations to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this chapter. A Commercial Business, Multi-Family Residential Dwelling or Single-Family Residential Dwelling requesting a physical space waiver shall:

1. Submit an application, on a form provided by the City, specifying the type(s) of collection services for which they are requesting a waiver.

2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers, including documentation from its hauler, licensed architect, or licensed engineer.

3. Once City approves a physical space waiver, provide written verification of eligibility for a physical space waiver every five years to the City.

Section 13.15. 075 Requirements for Franchise Haulers
City’s franchise hauler that provides Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements as a condition of its grant of franchise:

A. Through an annual written notice to the City on or before March 1, identify the facilities to which they will transport Organic Waste, including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste.

B. Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

C. Obtain or maintain the City’s approval to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting construction and demolition waste in a manner that complies with 14 CCR Section 18989.1 and this chapter.

Section 13. 15.090 Inspections and Investigations
A. City Enforcement Officers or Designee are authorized to conduct inspections and investigations of facilities, activities, and properties subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter 05/10/2022 C3 65 of 67
PAGE 6
If entry for an inspection is refused by an owner, occupant or agent, an inspection warrant shall be obtained prior to inspection.

B. Any records obtained by City Enforcement Officers or Designee during its inspections and investigations shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

C. City or Designee shall receive written complaints from persons, including anonymous complaints, regarding an entity Commercial Edible Food Generators, Food Recovery Services, or Food Recovery Organizations that may be non-compliant with this chapter.

Section 13.15. 100 Enforcement
A. Beginning January 1, 2022 and through December 31, 2023, if City determines that a Responsible Party is not in compliance with this chapter, it shall provide educational materials to the entity describing its obligations, and a notice that compliance is required by January 1, 2022, and that violations are subject to administrative citations and fines beginning January 1, 2024.

B. Beginning on January 1, 2024, City shall enforce violations of this chapter by issuing a notice of violation requiring compliance within 60 calendar days of issuance of the notice. City may extend the compliance deadlines set forth in a notice of violation if it finds that extenuating circumstances beyond the control of the respondent make compliance within the deadlines impracticable. For purposes of this section, extenuating circumstances are:

1. Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; and

3. Deficiencies in organic waste recycling capacity infrastructure or Edible Food Recovery capacity, and the entity with jurisdiction is under a Corrective Action Plan pursuant to Section 18996.2 due to those deficiencies.

C. Notices of violations shall be issued by an Enforcement Officer to the Responsible Party by personal service, by mail, or posting of property in accordance with Vista Municipal Code Section 1.13.050. The notice of violation shall include the following information:

1. The name(s), or account name(s) if different, of each person or entity to whom it is directed;

2. A factual description of the violations of this chapter, including the section(s) being violated;
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PAGE 7

3. A compliance date by which the operator is to take specified action(s); and

4. The potential for an administrative citation and fine for not complying within the specified compliance date.

D. Absent compliance by the respondent within the deadline set forth in a notice of violation, a Responsible Party is subject to an administrative citation and fine, as follows:

1. Pursuant to 14 CCR Section 18998.2, City shall issue administrative citations and fines to Commerical Edible Food Generators, Food Recovery Services and Food Recovery Organizationsentities that remain non-compliant with this chapter despite issuance of a notice of violation.

2. City has discretion to issue administrative citations and fines against any other entities that remain non-compliant with this chapter despite issuance of a notice of violation.

3.2. Administrative citations shall be issued by an Enforcement Officer in accordance with Chapter 1.13 of the Vista Municipal Code.

E. The following administrative fine amounts apply to administrative citations issued for violations of this chapter:

1. For a first violation, the fine shall be $50 to $100 per violation.

2. For a second violation committed within one year of the first violation, the fine shall be $100 to $200 per violation.

3. For a third or subsequent violation committed within one year of the first violation, the fine shall be $250 to $500 per violation.

F. Notwithstanding the foregoing provisions, SB 1383 Regulations do not require the City to undertake mandatory administrative enforcement actions, including civil penalties, against Organic Waste Generators due to the placement of Prohibited Container Contaminants within their Blue Containers, Green Containers, or Gray Containers. SB 1383 Regulations require the City to address such violations through the notice provisions of 14 CCR Section 18984.5(b). However, the City may pursue administrative enforcement actions against such violations in its discretion.
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