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Agenda Item 7 - CONSIDERATION OF MEASURES TO COMPLY WITH CALIFORNIA SENATE BILL 1383, NPDES STORMWATER REGULATIONS, AND AMENDMENTS TO THE ATHENS SERVICES FRANCHISE AGREEMENTAGENDA ITEM NO. 7 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: February 15, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF MEASURES TO COMPLY WITH CALIFORNIA SENATE BILL 1383, NPDES STORMWATER REGULATIONS, AND AMENDMENTS TO THE ATHENS SERVICES FRANCHISE AGREEMENT RECOMMENDATION: It is recommended that the City Council take the following action: 1. Authorize the City Manager to negotiate and execute an agreement with Arakelian Enterprises, Inc. DBA Athens Services for the collection of solid waste, recyclables, yard waste and other compostables, in such final form as approved by the City Attorney; and 2. Approve, by a majority vote of the entire City Council, dispensing with formal bidding procedures and requirements in connection with the procurement of street sweeping, median maintenance, and graffiti abatement services by finding that it would be uneconomical to comply with such requirements and it would promote the public interest to dispense with such requirements, in accordance with the requirements of Section 2-330(b) of the West Covina Municipal Code; OR 3. Provide alternative direction. BACKGROUND: SB 1383 California's Short -Lived Climate Pollutant Reduction law, often called SB 1383, establishes methane reduction targets for California. SB 1383 is an unfunded State mandate that sets goals to reduce disposal of organic waste in landfills, including edible food. The bill's purpose is to reduce greenhouse gas emissions, such as methane, and address food insecurity in California. Aspects of this law ensure that food scraps are composted and compost is purchased by cities. Composting, industrial uses, and animal feed are good environmental uses for inedible food or other organic material. Disposing of organic waste in landfills is considered a significant source of local air quality pollutants, which can cause respiratory issues and hospitalizations for community members. To address the environmental and health concerns of surplus edible food, SB 1383 requires 20% of edible food that would otherwise be disposed of in the garbage or compost be recovered for human consumption by 2025. This means surplus edible food will help feed Californians in need instead of decomposing in a landfill while emitting harmful greenhouse gases. The EPA recognizes feeding hungry people as one of the most preferred avenues to prevent food waste and benefit the environment, society, and economy. NPDES In addition to compliance with SB 1383, compliance with National Pollutant Discharge Elimination System (NPDES) permits is critical to protecting our nation's waters. The objective of the NPDES initiative is to improve surface water quality by assuring that all NPDES permittees are complying with their permits. Improving surface water quality protects public health and reduces potential pollution impacts on drinking water supplies, aquatic life and public enjoyment of fishable and swimmable waters. Violations of NPDES Stormwater Permits can result in legal actions and fines against the City. City of West Covina streets are currently not swept weekly. State of California Regional Water Quality Control Board guidance presents the best management practices "BMPs" or good housekeeping practices addressing the discharge of pollutants to the storn drain system from municipal facilities. These facilities include streets, roads, and highways. Pollutants of concern include metals, oil & grease, fertilizer, pesticides & herbicides, chemical products, and gasoline & radiator fluid. ATHENS CONTRACT Over the years, the City of West Covina approved multiple amendments to its contract with Athens Services, a waste collection company and valued community partner. Athens Services has developed programs that have kept West Covina on the cutting edge of environmental sustainability and in compliance with state laws relating to integrated waste management. West Covina's waste collection contract is a franchise agreement that establishes the waste collection company's exclusive right to engage in the business of collecting solid waste, recyclables, and other waste within the boundaries of the City. In exchange for this right, the waste collection company pays the City a franchise fee of 10 percent of its gross receipts resulting from the agreement. The contract also specifies the rates that the waste collection company can charge to residents and businesses for its services and authorizes the company to request an annual rate increase in accordance with the Consumer Price Index (CPI). This type of arrangement is common among similar cities in Los Angeles County. West Covina initially contracted with the waste collection company in 1992. That contract contained a clause that annually extended the contract's duration by one year, thereby ensuring it maintained an ongoing service period of eight years (known as an evergreen period). In other words, in 1997 the expiration date for the contract was 2005, while by 1999 the expiration had extended to 2007. In March 2001, the City Council adopted the first of 11 amendments to that contract, which extended its evergreen period from eight to 12 years, while in October 2012, the City Council approved another amendment that extended the evergreen period to 25 years. That amendment also stipulated that either party's notification to terminate the contract would result in the contract terminating 25 years from the date of that notification. In addition, the waste collection company agreed to make a one-time payment of $2 million to the City and annual recurring payments of $100,000 in addition to the franchise fee. Over the years, the City approved other amendments to its waste collection contract that pertained to rate adjustments but did not modify the length of the contract. In November 2016, the City Council approved an amendment to the same contract for a series of rate increases to customers for waste collection services. That amendment also increased the annual recurring payments from the waste collection company to $300,000 but stipulated that the City's notification of contract termination would void that payment clause. Finally, the City approved another amendment in October 2018 that included a clause preventing the city from exercising its annual option to terminate the contract until October 2023. As a result of its amendments, the earliest the City could contract with another vendor would be October 2048. Given the long term relationship between West Covina and Athens Services, the City asked Athens Services to enter into negotiations to implement changes to the existing agreement recognizing changes in new laws pertaining to solid waste handling and the need for the diversion of solid waste from landfills. As it complies with SB 1383, West Covina is able to seek the best value for its residents and community and renegotiate certain terms of the contract with the waste collection company. DISCUSSION: Due to SB 1383, West Covina's trash and green waste collection services are going to change beginning July 1, 2022. SB 1383 was signed into law in 2016 to gradually reduce organic waste disposal by 75% and increase edible food recovery by 20%, by the year 2025. Starting July 1, 2022, residents living in a single-family home or apartment/condo will be required to separate food waste and food -soiled paper from the trash. These materials will no longer go into the trash container but will instead go into the green organics (green) container, along with yard waste. To handle the processing of organics, rather than taking organic waste to a landfill, beginning on July 1, 2022, the standard residential service rate will increase. By negotiating with Athens Services, West Covina seeks to maximize its long-term contract position by amortizing the substantial costs associated with the operational and infrastructure investments necessary for the City to comply with SB 1383. The proposed changes, including SB 1383 compliance, will ensure that West Covina remains in compliance with state environmental laws. Athens Services would provide waste stream analyses, education and outreach, contamination monitoring, data management, procurement support, food recovery support, and new technologies to support the cutting edge processing or disposal of organic waste. Under the terms of the draft agreement with Athens Services (Attachment No. 1), the standard residential service rate would initially increase by approximately $3 per month. Athens Services would collect and recycle organic waste into compost that can be used to grow plants and vegetables. This compost would be made available to all residents at the City's compost giveaway events. Athens has offered to provide these services at a competitive price and crosswalk any associated rate changes over several years to mitigate the cost impact on rate payers and avoid a one-time increase. Residents having service questions are encouraged to call Athens at (888) 336-6100. Athens has also offered to provide street sweeping service as part of its overall service offerings to the City. In this way, the City can integrate solid waste management with a crucial service necessary for City beautification with a vendor competent to do so. SB 1383 and NPDES compliance are the impetus of the proposed changes to the City's refuse and recycling agreement. The proposed contract represents a modification of the existing waste collection contract with Athens Services. It integrates the original contract and all 11 amendments into a single document. The length of time remaining before the contract expires is unchanged. Following is a summary of key provisions of the attached draft agreement: Proposed Provisions by Athens due to Unfunded Mandate 1. Implement a comprehensive program to ensure compliance with State laws (Attachment No. 2). 2. The possible service addition of a Residential and/or Commercial Blue Barrel, at the discretion of Athens, at no additional cost. 3. Enhance the City's ability to combat illegal solid waste haulers and ensure proper franchise enforcement. Fees are collected from West Covina -generated waste. 4. A change in the Consumer Price Index formula from "All items in Los Angeles -Long Beach -Anaheim, CA" to "Garbage and trash collection in U.S. city average" plus 1% ("Trash CPI"). The Trash CPI rate reflects the average change of costs common to the waste industry. The additional one percent covers the increase in capital costs expended by Athens to implement additional programs (e.g. cost of new trucks). 5. A 3% extraordinary residential rate increase in the first year plus CPI formula, a 2.5% extraordinary increase in year two plus CPI formula, and a CPI formula only increase in subsequent years. 6. A 7% extraordinary commercial rate increase in the first year plus CPI formula, a 5% extraordinary increase in years two and three plus CPI formula, and a CPI formula only increase in subsequent years. 7. Incorporate an additional 5 year "cooling off' period during which termination of the franchise agreement cannot be triggered. City Negotiated Terms 8. Updated insurance, and indemnification provisions following the risk management requirements of the California Joint Powers Insurance Authority. 9. Contractor to provide weekly street sweeping services per the current contracted number of curb miles being swept ($1,200,000). Additional curb miles can be provided at hourly rates. The current budget to pay for this service can be reallocated by the City for an alternative public benefit. 10. Provide servicing of the City's street center medians per the current contract ($480,000). The current budget to pay for this service can be reallocated by the City for an alternative public benefit. 11. Provide graffiti removal services using two full-time Athens Services employees who will provide 55 hours a week with this service ($547,873). Any services over 55 hours in a week will be provided at an hourly rate of $150. The current budget to pay for this service can be reallocated by the City for an alternative public benefit. 12. No contract term extension. Section 2-330(b) of the West Covina Municipal Code states that the City Council, by a majority vote of the entire City Council, may dispense with the formal bidding procedures and requirements of Division 2 (Purchasing System) of Article VII (Purchases and Sales) of Chapter 2 (Administration) of the West Covina Municipal Code upon a finding that "it would be impracticable, useless or uneconomical ... to follow such procedures and... the public welfare would be promoted by dispensing with the same." Staff believes it would be uneconomical and would not promote the public welfare to follow formal bidding requirements in connection with the procurement of the street sweeping, median maintenance and graffiti abatement services that will be provided by Athens pursuant to the Amended and Restated Agreement, as Athens will provide a significant amount of such services at no cost to the City. Therefore, staff is recommending that the City Council, by a majority vote of the entire City Council, approve dispensing with formal bidding requirements and procedures in connection with the procurement of the street sweeping, median maintenance and graffiti abatement services that will be provided by Athens by finding that it would be uneconomical to comply with such requirements and the public welfare would be promoted by dispensing with such requirements for the street sweeping, median maintenance and graffiti abatement services. Staff will continue to negotiate the agreement with Athens Services based upon the City Council's direction at the February 15, 2022 meeting. LEGAL REVIEW: The City Attorney's Office will review and approve the agreement as to form prior to execution. Prepared by: Stephanie Sikkema, Finance Director Fiscal Impact FISCAL IMPACT: With the current proposed terms, the City would receive public benefits totaling over $2.2 million annually for street sweeping ($1,200,000), medians ($480,000), and graffiti removal services ($547,873). Below is a comparison of the current commercial and residential rates by City. In addition to West Covina, several other cities will see an increase due to the implementation of SB 1383. Below is a comparison of the estimated impact of the proposed rate increases on the consumer. These estimates are based on the annual average CPI increases over the past 10 years (LA region 2.28%, US Trash 2.83%). Current Rate $39 $39 Current Rate $263 $263 Year $43 $39 $3 $40 Year $291 $269 $22 $270 Year $46 $40 $5 $61 Year $317 $275 $42 $505 Year $48 $41 $7 $85 Year $345 $281 $64 $765 Year $50 $42 $8 $96 Year $358 $287 $71 $847 Additionally, the chart provides historical data in regard to the Consumer Price Index for All Urban Consumers (CPI-U) for the current CPI used (Los Angeles -Long Beach -Anaheim, CA, All items) versus the proposed (U.S. city average, Garbage and trash collection). Over a ten-year period, the annual average for the LA region is 2.28% and the US average for trash is 2.83%. Comparison of % Change in CPI-U 5.0M aadx 3.0 Zd 10a96 e0a% Zdll Zdll 1a13 ZO30 2a13lalfi lDl) Za18 ril19 ](Ills ID21 WS Mgek,Wg&.a Anahtlm, CA AM hems —US nfty a , Gatage and bash mllMi. Attachments Attachment No. 1 - DRAFT Amended and Restated Franchise Agreement Attachment No. 2 - Athens Services SB 1383 Proposal CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety Enhance City Image and Effectiveness Achieve Fiscal Sustainability and Financial Stability rllaWT•1:I�•I:IkqraRWilli I Ff FOR RECYCLABLE Draft 2-2-2022 TABLE OF CONTENTS Page ARTICLE 1. DEFINITIONS; DELEGATION OF AUTHORITY ....................................... 2 ARTICLE 2. REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR.............................................................................................. 6 2.1 Corporate Status..................................................................................................... 6 2.2 Corporate Authorization....................................................................................... 6 ARTICLE 3. TERM OF AGREEMENT .................................... ...... ............................ 6 3.1 Effective Date and Term of Agreement .............................................................. 6 3.2 Conditions to Effectiveness of Agreement ..................................................... 7 ARTICLE 4. FRANCHISE .................................................. `............ 7 4.1 Grant of Franchise: Scope of Franchis ......... ..................... .................... 7 4.2 Prior Agreements and Amendment ...............Error! Book m of defined. 4.3 Franchise Fee Agreement ................. .....0�4 .......................... 9 4.4 Annual Payment for Discretionary Use.. .! Bookmark n ined. ARTICLE 5. WASTE COLLECTION SERVICES...................................................... 9 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 13 14 5.15 5.16 5.17 5.18 5.19 5.20 ARTICLE 6. General............................. ,................................... .......................... ContingencyPlan ..............:.............. ....................... ..................... Residential Solid Waste Collection es ................ ............. Commercial/Industrial Collection........... .............. .................. City Facilities Cokection ............ .... ........ ....................... City Beautification ........................ .................. ........................... Contractor's Inability to Provide Se ice .............................................. Hogsof Collection ... ......................................................................... Collection Standards........................................................................ LitterAbatement.................................................................................... Transportation, Processing and Disposal of Solid Waste ...................... Vehicles.................................................................................................. SolidWaste,Containers.......................................................................... Personnel....... t. ............. Hazardous Waste ........... .... ................................................................ Review of Performance and Quality of Service and Industry Changes. Transition to Three -Container Collection System ................................. Organic Waste Program......................................................................... Contamination Protocols........................................................................ Food Recovery Assistance..................................................................... OTHER COLLECTION -RELATED SERVICES, STANDARDS AND AGREEMENTS..................................................................... ............. 9 ............. 9 ........... 10 ........... 11 ........... 11 ........... 12 ........... 13 ........... 13 ........... 13 ........... 14 ........... 14 ........... 15 ........... 16 ........... 18 ........... 18 ........... 19 ........... 19 ........... 20 ........... 22 ........... 23 ........... 24 6.1 Billing.................................................................................................................. 24 6.2 Annual Reports.................................................................................................... 25 6.3 Annual Audit........................................................................................................ 25 -i- 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 ARTICLE 7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 ARTICLE 8 TABLE OF CONTENTS (continued) Recordkeeping....................................................................................... Right to Inspect Records......................................................................., Inspectionby City .................................................................................. Public/Customer Service and Accessibility ........................................... Service Complaints................................................................................ City's Right to Change Scope of Work .................................... Title to Solid Waste ...................................................... Nondiscrimination.................................................... ........., Change in Collection Schedule.............................................................. Report Accumulation of Solid Waste; Unauthorized Dumping ............ CALIFORNIA INTEGRATED WASTE MANAGEM CT 1989 (`AB 939'): OPERATIONAL AND REPORTING REQUIREMENTS................................................................... Implementation of SRRE..................... .......... Other Recycling Programs ....................... ............. . . ........... MRF/'Transfer Station Proposal .................... ....................... Diversion Guarantee ...... ............................ .................... Annual AB 939 Reporting ments.............. ............... AB 939 Staffing Position..... ... ...................... ......... Public Outreach Program ....... .................................... Use of Recycled Materials ............................................ ........... Participation in Integrated Waste Management Program Funding Agreement ...................................... ................... .. . ............ Changein Laws ......... .............................................................. SERVICE RATES)AND REVIE ............................... OF Page 01 30 30 ....................... 31 8.1 Rates ............... ........ ....................................................................31 Special Rate AdI nts ........................................................................... 31 NNDEMNITY, edures Upon Intion of Rate Adjustment ............................................. 32 ntionally Omitted... .. ............................Error! Bookmark not defined. licationof Rates ....................................................................................... 32 ntionally Omitted............................................Error! Bookmark not defined. AINSURANCE, BOND........................................................... 32 9.1 Indemnification of City ........................................................................................ 32 9.2 Insurance.............................................................................................................. 32 9.3 Faithful Performance Bond.................................................................................. 35 ARTICLE 10. CITY'S RIGHT TO PERFORM SERVICE .................................................. 36 10.1 General.................................................................................................................36 10.2 Duration of City's Possession.............................................................................. 37 ARTICLE 11. DEFAULT AND REMEDIES....................................................................... 37 TABLE OF CONTENTS (continued) Events of Default........................................................... Right to Terminate Upon Default .................................. Possession of Property Upon Termination .................... City's Remedies Cumulative: Specific Performance..... Excuse from Performance .............................................. Right to Demand Assurances of Performance ............... ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES 12.1 Relationship of Parties ..... 12.2 Compliance with Law...... 12.3 Governing Law ................ 12.4 Jurisdiction ....................... 12.5 Assignment ...................... 12.6 Subcontracting ................. 12.7 Binding on Successor....... 12.8 Parties in Interest .............. 12.9 Waiver .............................. 12.10 Contractor's Investigatiol 12.11 Condemnation .................. 12.12 Notice ............................... 12.13 Representative of the Part ARTICLE 13. 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 Entire Agreem............. Sec4ion Headings ............. References to L............. Interpretation. ............ Amendment .................................. Severability.................................. Counterparts ............. ............ Exhibits ........................ . ... Page �L ............................ 40 ................................... 41 .......................... 41 ...........N................... 41 .................... ............ 43 .................... . .43 .... ..... 43 .................................. 43 ................................... 43 ................................... 43 43 AMENDED AND RESTATED AGREEMENT THIS AMENDED AND RESTATED FRANCHISE AGREEMENT ("Agreement"), made and entered into as of the day of , 202, by and between the CITY OF WEST COVINA, a municipal corporation, hereinafter referred to as "the City," and ARAKELIAN ENTERPRISES, INC., a California corporation, dba ATHENS SERVICES, hereinafter referred to as "Contractor". City and Contractor may be individually referred to herein as "Party" and collectively as "Parties." WITNESSETH WHEREAS, Chapter 12 of the West Covina Municipal Code defines and regulates the collection of solid waste, recyclables, and organ ".ity; and WHEREAS, pursuant to Section 12-17(a) of C 1Z�of the West Covina Municipal Code, the City is authorized to provide collection o id was e, recyclables, and organic waste within the City by exclusive franchise; and WHEREAS, in May 1999, the City Council the City of West Covina a ed the Amended and Restated Agreement between the City of West Covina and Contractor ich was modified in ten subsequent amendment essmg changes deemed necessary by the Parties from time to time; and WHEREAS, the City, for the purpose of ensuring the continued protection and preservation of the public health, welfare, and convenience of the people of the City, deems it advisable to continue to provide for the collection of solid waste, recyclables, and organic waste, within the City by exclusive franchise contract with Contractor; and Jr WHEREAS, the Legislature I of the State of California has enacted certain new laws pertaining or relating to solid waste handling with which the City must comply, including AB 341, AB 939, AB 1594, AB 1826, and SB 1383, creating the need for the City to improve efforts to di4s'waste from landfills, including recyc*materials and organic waste; and EREAS, the foreegoing changes in law necessitate certain modified or additional services inbring the City into compliance with applicable law; as a result, the cost of collecting, disposing of, and diverting solid waste, recyclables, yard waste, and organic waste to Contractor is anticipated to increase; and the City and Contractor have agreed to implement certain operational changes pertaining to the provision of services in the City; and WHEREAS, an integrated and exclusive solid waste collection system, inclusive of street sweeping services within the City, will allow the City to maximize its diversion efforts to the extent street sweeping removes and diverts waste from City streets and rights -of -way, and economies of scale provide the City with a material benefit to having these services provided by Contractor, because Contractor is uniquely situated to enhance the City's diversion and state law compliance goals; and WHEREAS, the provision of solid waste collection and street sweeping services requires specialized and professional expertise and experience of an advanced type in order to comply with applicable state laws relating to the processing and diversion of municipal solid waste, and Draft 2-2-2022 Contractor has such experience, and it is in the City's best interest for the Contractor to collect solid waste and perform street sweeping services; and WHEREAS, this Agreement amends and restates, and as a result, supersedes and replaces in its entirety all prior agreements or understandings between the City and the Contractor. All such prior agreements and understandings are null, void and of no further force or effect unless this Agreement is deemed null, void and of no force or effect, in which case, the agreements and understandings in force or effect prior to the Effective Date herein, shal ply; and WHEREAS, City desires to maintain maximum flexibility in this greement to meet rapidly changing solid waste disposal and diversion laws and regulatiort, NOW, THEREFORE, in consideration of the premises and of the covenants and conditions hereinafter contained, the City and the Contractor mutually agree as follows ARTICLE 1. DEFINITIONS; DELE06ION OF AUTHORITY A. Whenever any term used in this Agreement has been defined by the pr isions of Chapter 12 of the West Covina Municipal Code, the definitions contained in said Code s all govern the meaning of such words for the purpose of this Agreement, unless any such word is otherwise specifically defined herein or unless it is obvious from the context hereof that another meaning is necessarily intended. ` oe B. The administration of this Agreement shall be under the supervision and direction of the City Manager's office and the actions specified herein shall be taken by the City Manager or his or her designees (the "City Manager") unlesT*therwise staKd or specified. C. As used herein, "Re4ables" shall mean items which could have been removed from the solid waste stream by the household or commercial business for sale or donation, but have not been so removed at the source or have been placed for collection by the Contractor. The Parties understand that,ough called "Recyclables" in the Agreement, the California courts hate determined that suc ecyclables" become "Solid Waste," only when placed for collection under this Agreement and not removed from the waste stream and sold. D. "Annual Rate Adjustment" means the annual adjustment of Maximum Service Rates by the percentage increase in CPI for the prior 12-month period (March of the current year to March of the prior year) plus one percent (1%) (i.e., CPI +1). E. "Brown Goods" means electronic equipment such as stereos, televisions, computers, VCR's and other similar items collected from Residential Premises. F. "Bulky Item" shall have the meaning as defined in Section 5.3 of this Agreement. For the avoidance of doubt, Bulky Items are large items of Solid Waste of a nature and type that would not typically fit in a regular collection cart -sized container. Bulky Items require special handling due to their size but can be collected and transported without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Further, 2 Draft 2-2-2022 Bulky Items do not include abandoned automobiles and other vehicles, bags of Solid Waste, or Exempt Waste. G. "Biohazardous" or "Biomedical Waste" means any waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included is waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves H. "City Beautification Services" means the following sei'bices provided by Contractor to City: (i) street sweeping services, inclusive of median maintenance, once per week in accordance with the requirements set forth in Exhibit G; (ii) Bulky Item collection as specified in Section 5.5(B); and/or (iii) graffiti removal services at public rights -of -way designated by the City. 1 I. "Construction and Demolition Waste" or "C&D" means Solid Waste consisting of building materials, packaging and rubble resulting from construction, remodeling, repaip and demolition operations on pavement, residential, commercial or industrial premises, buildings, and other structures, and land clearing operations. V J. "Contamination" means aof the following: (i) discarded materials placed in any container intended for recyclable materials that are not identified as acceptable Recyclables for such container; (ii) discarded materials placed in any container intended for Orgat is Waste that are not identified as acceptable for Organic Waste for such container; (iii) discarded materials placed in any container intended for Garbage are not identified as acceptable for such container; and (iv) any other items or substances, including but not limited to Exempt Waste, that are not Solid Waste, Recyclables or Organic Waste placed in any container not designated for such use. Contamination shall be determined by Contractor's visual or digital inspection K. "CPI" or "Trash CPI" means the Consumer Price Index for Trash and Garbage Collection (CUUROOOOSEHG02), U.S. City Average (not seasonally adjusted), as published by the United States Department of Labor, Bureau of Labor Statistics, or an equivalent index approved by mutual agreement in the event said index is no longer published. L. ` "Edible Food" means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply. M. "Exempt Waste" means Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead -acid batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. Draft 2-2-2022 N. "Food Recovery" means actions to collect and distribute Edible Food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). O. "Food Recovery Organization" means an entity that primarily engages in the collection or receipt of Edible Food from commercial edible food generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including: (i) a food bank as defined in Section 113783 of the Health and Safety Code; (ii) a nonprofit charitable organization; and (iii) a nonprofit charitable temporary food fility as defined in Section 113842 of the Health and Safety Code. If the definition in 14 CCR Sction 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply. A P. "Food Recovery Service" means a perso^Nety that callects and transports Edible Food from a commercial edible food generator to a Food Recovery Organization or other entities for Food Recovery; or as otherwise defin)oin 14 CCR S�tion 18982(a)(26). Q. "Food Waste" means food scraps and trhnmings and other putrescible to that results from food production, preparation, storage, consumption, or handling. For th voidance of doubt, Food Waste includes, without limitation, meat, fish, and iry wastes; fruit and vegetable wastes; grain waste; and compostable food -contaminated paper 1W. R. "Garbage" means all putrescible and non-putrescible solid, semi -solid and associated liquid waste, as defined in California Public Resources Code section 40191. Garbage does not include Recyclable Materials, Organic Waste, Large Items, or Exempt Waste. S. "Green Waste" or "Yard Waste" means Solid Wlfste consisting of any vegetative waste generated trom the maintenance or alteration of residential, commercial, or industrial premises including, but not limited to, grass clippings, leaves, tree trimmings, prunings, brush, weeds, flowers, herbs, and holiday trees. "GrosssReceipts" means any and all revenue received from billings, and compensation in any form, received by K ctor or subsidiaries, parent companies or other affiliates of Contractor, for the collectiotransportation of Solid Waste pursuant to this Agreement, in accordance with generallpted accounting principles, including, but not limited to, customer fees for collection of Solid Waste, without subtracting disposal fees or City fees. Sales revenue from the sale of Recyclable Materials to third parties is excluded from Gross Receipts for the purp1se of calculating Franchise Fees U. "Hazardous Waste" means a waste, or combination of wastes as defined by Code of Federal Regulations, Title 40. Hazardous Waste also includes Household Hazardous Waste. V. "Household Hazardous Waste" means that waste resulting from products purchased by the general public for household use which, because of its quantity, concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed or otherwise managed, or, in combination with other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or 4 Draft 2-2-2022 exhibit any of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, Chapter 11, Section 66261.3. W. "Municipal Code" means the West Covina Municipal Code. X. "Organic Waste" shall have the meaning set forth in Public Resources Code Section 42649.8, and for the avoidance of doubt includes Food Waste, Green Waste, nonhazardous wood waste, and food -soiled paper waste that is mixed in with Food Waste. I&I Y. "Organic Waste Processing Facility" means a Contractor-Nlected commercial facility permitted by the State of California which accepts and processes, by composting or other permissible methods, Organic Waste for diversion from landfill disposal. Z. Residential Premises means single famil dwellings and mu l ily dwellings of four units or less. AA. "SB 1383" means Senate Bill f 2016 approved by the Govern r on September 19, 2016, which added Sections 39730.5, 3 30.6, 39730.7, and 39730.8 to the health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived cli ollutants as am d, supplemented, superseded, and replaced from time to time. BB. "Sludge" means the accumula d solids, residues, and ipitates generated as a result of waste treatment or proc,ggssmg, including wastewater treatment, water supply treatment, or operation of an air ollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps vies, or similar disposal appurtenances � any other such waste having similar characteris ics r effects. CC. "Solid Waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including Garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, Construction and Demolition wastes, bandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, tr4W, or chemically fixed sewage sludge which is not hazardous waste, Exempt Waste, man getable or animal solid and semisolid wastes, and other discarded solid and semisolid wasTs, as set forth in California Public Resources Code Section 40191(a)(b), as amended from time to time, and unless specified separately from Solid Waste in this Agreement, includes Brown Goods, Construction and Demolition Debris, Food Waste, Garbage, Green Waste,BBulky Items, Organic Waste, Recyclables, and White Goods. DD. "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982: (i) Supermarket; (ii) Grocery Store with a total facility size equal to or greater than 10,000 square feet; (iii) Food Service Provider; (iv) Food Distributor; or (v) Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply. EE. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982: (i) restaurant Draft 2-2-2022 with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; (ii) hotel with an on -site food facility and 200 or more rooms; (iii) health facility with an on -site food facility and 100 or more beds; (iv) large venue; (v) large event; (vi) State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or (vii) local education agency with an on -site food facility. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply. FF. "White goods" means enamel -coated major appliances&s washing machines, clothes dryers, hot water heaters, stoves, and refrigerators. ARTICLE 2. REPRESENTATIONS AND WARRANTIES CONTRACTOR 2.1 Corporate Status Contractor is a corporation duly organize4vali,existing and in good standi er the laws of the State of California. It is qualified to transact business in the State of Califo and has the corporate power to own it propertie d to carry on its business as now owned and operated and as required by this Agreement. 2.2 Corporate Authorization Contractor has the authority to enter into and perform its obliaffins under this Agreement. The Board of Directo of Co for (or the shareholders if sary) have taken all actions required by law, its es of in ration, its bylaws or othe se to authorize the execution of this Agreement. e p s sign is Agreement on behalf of Contractor have authority to do SO. 3. OF A. 1 The tern of this Amended and Restated Agreement shall be for twenty-five (25) years, commencing on November 1, 2012 and expiring on October 31, 2037; provided, however, that commencing on the first anniversary date of November 1, 2013 and on each anniversary date thereafter, a one-year extension shall be applied to said Agreement so that the term of the Agreement shall remain twenty-five (25) years subject to the wind -down provisions of Section 3.1(B). B. Notwithstanding the foregoing, should either Party desire that said one-year renewal and extension provision be terminated, such Party may give the other written notice of intent to terminate at least ninety (90) days prior to any anniversary date of any year which this Agreement is in full force and effect and written notice of termination at least sixty (60) days prior to any such anniversary date. Notwithstanding the foregoing, City shall not provide written notice of intent to terminate at any time prior to August 1, 2028. 6 Draft 2-2-2022 During the thirty (30) day period following notice of intent to terminate, the Parties shall meet and confer at the request of either Party. If the notice of termination is given, the one-year renewal and extension provision shall be terminated on the applicable anniversary date. Once the one-year renewal and extension provision is terminated, the remaining term of this Agreement shall be twenty-five (25) years from the date of termination, and this Agreement shall accordingly wind down from this date ("Wind -Down Period"). All other aspects of this Agreement shall remain in full force and effect during the Wind -Down Period, provided, however, that in the event that City issues provides a notice of termination, City Beautification Services shall no longer be provided free of charge, and Contractor may charge City then existing City Beaufificat on Services Rates as specified in Section 5.6(c), or City may, at its option, elect tose utilizing Contractor for such services. C. Notwithstanding any provision in this Agreement to the contrary, the notice of termination shall not become effective if the Parties mutually agree to approv and execute an amendment to this Agreement. 3.2 Conditions to Effectiveness of AEreern t The obligation of City to permit this Agreement t me effective and to rform its undertakings provided for in this Agreement is subject to Co is satisfaction of each and all of the conditions set out below. A. Accuracy of Representations. The representationsg9llpvTvarranties made by Contractor in Article 2 of this Agreement are true and correct and sp the Effective Date. B. Absence of Litigation. There is no litigation pen on the Effective Date in any court challenging the award or exec ion of this Agreement o eeking to restrain or enjoin its performance. ARTI�_ FRANCHISE A.'q* Grant of Franchise. TWCity hereby grants unto the Contractor, and the Contractor sffall have throughout the duration of this Agreement, the exclusive right to engage in the business of collecting Solid Waste, Recyclables, and Organic Waste, accumulating within the boundaries of the City as the same now exists, that is required to be accumulated and offered for collection to the Contractor accordance with this Agreement and the Municipal Code. For avoidance of doubt, this exclusive franchise includes the collection and disposal of all Construction and Demolition Waste within the boundaries of the City. B. Annexations. This right extends to any territory annexed to the City hereafter except to the extent that collection within such territory so annexed would be unlawful or violate the legal rights of another person. Unless Contractor acquires or has acquired the collection rights of any other person then collecting Solid Waste, Recyclables, yard waste, or other compostables, including Organic Waste, within any annexed territory at the time such annexation is effective, said exclusive right in each annexed territory shall commence ninety (90) days after each such 7 Draft 2-2-2022 annexation is completed, provided that if the City Council determines to the contrary by majority vote within said ninety (90) day period, such determination shall prevail. C. Scope of Franchise; Exclusions. The franchise granted to Contractor shall be exclusive except as to the following categories of Solid Waste, Recyclables, and Organic Waste listed in this subsection C. The granting of this franchise shall not preclude the categories of Solid Waste, Recyclables, and Organic Waste listed below from being delivered to and collected and transported by others, provided that nothing in this Agreement is intend to or shall be construed to excuse any person from obtaining any authorization from the City whic NsI. otherwise required by law: 1. Yard waste and other compostables removed from a premises by a gardening, landscaping, or tree trimming contractor as an incidental part of a total service offered by that contractor rather than as a hauling service. 4 - 2. By-products of sewage tie including sludge, grit an enings. 3. Residue or non-processible wa to from solid waste dispos cilities including material recovery, composting and transformatio cilities� except as se ut under Article 7 hereof. 4. Hazardous waste. 5. Individual households, chool districts and commercial businesses may sell or donate recyclables separated or removed from the solid waste stream or may compost yard waste. , 6. To the extent npt addressed in the foregoing, Exempt Waste. D. Furthermore, the provisions of this Agreement shall not preclude or prohibit City or any officer of emplo ee thereof or any public entity delegated the ability to do so by the City Council from itself coll g, removing, disposing or diverting of Solid Waste, Recyclables, and Organic Waste, in the r course of their respective duties as such officers or employees; notwithstanding, the City s e responsible for reporting all such diversion. 4.2 This Agreement is intended to cilry out City's obligations to comply with the provisions of the California Integrated Waste Management Act of 1989 ("AB 939") as it from time to time may be amended, and as implemented by regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended. In the event that AB 939 or other state or federal laws or regulations, or case law decided by a court of final jurisdiction arising after this Agreement has been approved, prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws, regulations or case law. No other amendment of this Agreement shall be valid unless in writing duly executed by the parties. 8 Draft 2-2-2022 4.3 Franchise Fee The Contractor agrees to pay to the City a franchise fee of ten (10) percent of the Gross Receipts earned by the Contractor under this Agreement during each fiscal year ending June 30, or fraction thereof that this Agreement is in effect. Said sums shall be payable quarterly in the minimum amount of $100,000 on or before the 15th day of January, April, July, and October throughout the duration of this Agreement and the total amount paid each year shall be appropriately adjusted based on the annual reports required by this Agreement. The sums herein agreed to be paid to the City by the Contractor shall be in lieu of any and all business license o ck,`es that are collected by the City except as set out under Section 7.3. ` ARTICLE 5. WASTE COLLECTION SE2TS� 5.1 General ` The services set forth herein are in addition tO"those in Article 7 and the remainder I this Agreement. The work to be done by Contractor pursuant to this Agreement shall include the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services required. The enumeration of, any specification of requirements for, particular items of labor or equipment shaligh elieve Contract the duty to furnish all others, as may be required, whether enumerated o The work to be done by Contractor pursuant to is Agreement shall be accomplished in a thorough and professional manner so that the residents and businesses within the City are provided reliable, courteous and high -quality Solid ste, Recyclables, and Organic Waste collection and diversion services at all times. The enumer of, and specification of re�iirements for, particular aspects of service quality §hall not relieve tractor of the duty of accomplishing all other aspects in the manner provided in this Section, ther such other aspects are enumerated elsewhere in the Agreemen The Contractor agree o submit route maps for a llection routes to the City Manager for review and approval. Start and end points for each daily route are to be clearly indicated. Contractor shall use its best efforts to coordinate street sweeping so that it follows pick-up. All collection services hereunder all bJV automated. 5.2 Contingen _ n Contractor shall main and submit to City as requested, a written contingency plan demonstrating Contract s arrangements to provide vehicles and personnel and to maintain uninterrupted service during mechanical breakdowns or other emergencies, excluding events described in Section 11.5. This plan shall be consistent and coordinated with the City's Multi - Hazard Functional Plan. 9 Draft 2-2-2022 5.3 Residential Solid Waste Collection Services Contractor shall collect and deliver to the appropriate facility all Solid Waste, Recyclables, and Organic Waste generated at Residential Premises within the City and delivered for collection not less than once per week. Subject to reduced low income/senior citizen rates as set out herein, Contractor shall provide special manual carry -out services for those residents determined to have difficulty doing so themselves due to physical disabilities (whether permanent or temporary) and/or the configuration of their property. Contractor may charge for thjLservice only where it is requested by an otherwise capable resident solely for his/her convenience. Upon twenty-four (24) hours prior request, items for disposal other than ordinary Solid Waste shall be collected by the Contractor at no extra charge during the next normal weekly pickups. Except as otherwise arranged with Contractor as for move-ins/move-outs, there shall be a limitation that no more than five (5) such Bulky Items may be included for such pick up each week. Bulky Items shall include but not be limited to large items thae or are similar to the following: Furniture - chairs, sofas, mattresses, rugs, etc. Anuliances - washers, dryers, water heaters, plumbing, refrigerators, TVs, small household appliances, etc. Residential - Wood waste - tree branches, scrap wood, etc. Contractor shall use its best efforts to divert/recycle all such Bulky Items or instruct its customers in appropriate diversion technigµZ. Bulky Items specifically exclude auto parts and'dies, liqui aste, manure and rocks, sod, concrete and similar materials, and Exempt Waste. All Bulky Items shall be collected at the curb or alley, uding those from condominium, stock cooperative or community apartment projects In ition to the weekly pick up of Bulky Items as provided for herein, Contractor shall schedule a quart ly Bulky Item pick up at all multi -family developments that are Residential Premises at no additional charge to customers. Contractor shall send notice to each such multi -family development of such Bulky Item pickups at least thirty (30) days in advance of the scheduled event. The five (5) item per week limitation set forth hereinabove shall not apply to the quarterly Bulky Item pick up ided for in this paragraph. Additional special rates be charged by the Contractor for the collection of other items of a dissimilar nature to th included in this Section. Such rates shall be determined by the Contractor, subject to approval by the City Manager or his or her designee, and paid in advance and shall be separate from and in no way connected to the regularly scheduled service rates. The fee may include a component for estimation of such rates. Placement of bins in the street from residential scout service shall be limited to not more than four (4) hours. 10 Draft 2-2-2022 Materials shall be properly placed for collection under the requirements of the Municipal Code. Residents shall be required to bundle and tie all wood waste in lengths not to exceed four (4) feet with a diameter of three (3) feet. Any materials not properly placed for collection shall be tagged by the Contractor with a multilingual red tag explaining the reason for non -collection. 5.4 Commercial/Industrial Collection Contractor shall collect and deliver to the appropriate facility all Solid_Waste, Recyclables, and Organic Waste generated at commercial premises within the City contracting for services and delivered to a bin or otherwise properly placed for collection not less titan- once per week. Contractor shall collect and deliver to the appropriate facility all Solid Waste, Recyclables, and Organic Waste generated at industrial premises within the City contracting for services and delivered for collection to a debris box or bin (or otherwise properly placed for collection) as scheduled with each industrial generator. Contractor may contract with industrial or commercial firms to collect and dispose of waste materials which it is not licensed to remove and which present specialized problems. Bins placed in the street from commercial/industrial scout service may not be left they re than four (4) hours. Contractor shall use its best efforts to div cycle materials cted under this Section. 5.5 City Facilities Collection A. Services Provided by Contractor. At no cost to the City, Contractor shall collect and dispose of all Solid Waste, Recyclables, and Organic Waste generated at premises owned and/or operated by the City, including all City parks, or as oirrwise designated by the City. Contractor shall rake collections from cans Monday through Friday or on Saturdays following non -working holidays at the frequency set out in Exhibit `B." Commercial (bin) and industrial (debris box) collections shall be scheduled as designated by the City. The facilities to be provided service initially, together with the type and frequency of service, are listed in Exhibit `B," which may be modified or expanded by the City. Pursuant to this provision, City also may request bins, pickup and disposal or di ion for up to six 6) community events per year sponsored at least in part by City. B. Bulky Items. In addition, Contractor shall pick-up any Bulky Items as defined in Section 5.3 discarded on or along City right-of-ways open space or other City property within 24 hours of a request from City requesting such service. The services required by this Section shall be provided at no charge to the City, but the cost of providing them shall be invoiced to the City Beautification Account under Section 5.6(c). C. Assistance to School Districts. Contractor shall provide services to school district facilities within the City at the rate set out on Exhibit "E" and shall assist schools with programs required by AB 939. Such service shall include MRF processing and the associated recycling program. 11 Draft 2-2-2022 5.6 City Beautification. A. Annual Cleanup Campaign. During one (1) particular week (or longer period as may be designated by the City Council and agreed to by Contractor) of each calendar year of the term of this Agreement, when such is declared by the City Council to be part of an annual clean-up campaign, the Contractor shall, on the regular pick-up day for each area during such period, pick up and remove from Residential Premises, at a location in each area designated by the City Council and agreed to by Contractor, Bulky Items dropped -off by customers such as, but not limited to, the following items and other items of a similar nature, at no cost to the custo°�mer: (i) furniture — chairs, sofas, mattresses, rugs, etc.; (ii) appliances — washers , dryers, Ovate? heaters, plumbing fixtures, refrigerators, TVs, small household appliances, etc.; and (iii) Residential Wood Waste - tree branches, scrap wood, etc. Materials to be collected shall specifically exclude auto parts and bodies, and rocks, sod, and concrete and similar materials. Contractor shall also provide a plan for recovering reusable and recyclable materials offered fo collection as part of the Annual Clean-up Campaign and for recycling at the source. B. Christmas Tree Collection. Con ac all collect all Christmas trees on the first two scheduled pickup days after New Year's Day. Tre s shall be diverted for deposit at a green waste or composting facility. C. City Beautification Ser1k. Contractor shall offer City Beautification Services as requested by City, free of charge up to $2,227,873 ("City Beautifica�on Account"). City Beautification Services shall be valued at $1V.00 per hour plus the cost of materials ("Services Rate"). The City Beautification Account an Services Rate shall be adjusted annually by the percentage change in CPI for the prior 12-month period (March of the current year to March of the prior year) plus one percent (1%) (i.e., CPI +1). City must expend the City Beautification Account by DeceTber 31 of each year and all services provided in excess of thereof shall be paid by City at the then -existing Services Rate. The account shall reset on January 1 of each year. Contractor shall provide a quarterly statement recording barges against the City Beautification Account. Any amounts owed to Contractor hereunder shall be due within forty-five (45) days of receiving such stateme City may, at any time, modify or terminate the City Beautification Services by providing en notice to Contractor of such modification or termination and the ef0ective date of same. Du ng the Wind -Down Period following City's notice of termination of this Agreement, Contractor may charge City then existing City Beautification Services Rates as specified in Section 5.6(c), or City may, at its option, elect to cease utilizing Contractor for the City Beautification.kervices. D. Illeg lin n the event an unauthorized provider of Solid Waste services sets out containers anywher City, in violation of the exclusivity provision set forth in Section 4.1 of this Agreement, City hereby delegates to Contractor the authority to remove and impound such containers in accordance with Exhibit F. Contractor shall provide services for the removal of illegal containers in accordance with the requirements and procedures of the same. The delegation of authority to remove and impound such containers shall remain in effect until such time as City provides written notice to Contractor that such delegation has been revoked. 12 Draft 2-2-2022 5.7 Contractor's Inability to Provide Service If at any time during the effective period of this Agreement, should a customer of the Contractor request a collection service except for a special pick-up as set out in 5.3 (such as bin service for construction or demolition cleanup) from the Contractor which the Contractor cannot render within two (2) full working days from the date of the customer's initial request for service, the City Manager reserves the right to direct such customer to seek other providers who can provide such collection service regardless of the fact that such other provider does not ld a franchise with City for collection services. 5.8 Hours of Collection The Contractor agrees that it shall not allow Solid Waste, Recyclables, and Organic Waste collections to be made except during the hours specified Nthe Municipal Code for such collections. Saturday service is not to begin before 7:00 a.m. 5.9 Collection Standards A. Care of Private Property. Reasonable care shall be used by the tractor's employees in handling all privately owned collection containers and enclosures, and all damage caused by the negligence or carelessness of the Contractor's employees shall be promptly adjusted with the owner thereof. All collection containers after emptying thereof shall be returned to within five (5) feet of the location from which the a were p' ked up by the Contractor's employees, upright (with lids properly secured). Contractor's employees shall use all reasonable s to ens ntainers are not deposited in any driveway, sidewalk, or street, other than the c . Contract shall ensure that its employees close all gates opetiedem in making collection , unless otherwise directed by the customer, and avoid crossing lands ped areas and climbing or jumping over hedges and fences. City shall refer complaints about damage to private property to Contractor. Contractor shall repair all damage to private property caused by its employees. _ B. Noise. All, Solid Waste, Recyclables, and Organic Waste, collection operations shall be conducted as quietly as possible and shall conform to applicable Federal, State, County and City noise level regulations, including the requirement that the noise level during the stationary compaction process not exceed seventy-five (75) decibels at a distance of twenty-five (25) feet from the collection vehicle. The City may conduct random checks of noise emission levels to ensure such compliance. Contractor will promptly resolve any complaints of noise to the satisfaction of the City Manager or a designee. C. Record of Non -Collection. When any Solid Waste, Recyclables, and Organic Waste deposited for collection is not collected by the Contractor because it fails to meet the requirements of the Municipal Code or this Agreement, Contractor shall leave a bilingual Spanish/English red tag provided at Contractor's cost at least 3" x 6" in size, on which Contractor has indicated the reasons for the refusal to collect the Solid Waste, Recyclables, and Organic Waste, giving reference to the section of the Municipal Code or to the section of this Agreement which has been violated, and which gives grounds for the refusal as well as the Contractor's address, phone number and business hours. 13 Draft 2-2-2022 This information shall either be in writing or by means of a check system. In addition thereto, Contractor shall maintain, at its place of business, a log book listing all complaints and taggings. Said log book shall contain the names and addresses of parties involved, date of such complaint or tagging, nature of same and date and manner of disposition of each case. Such log shall be kept so that it may conveniently be inspected by the City Manager upon request. Such log shall be retained for at least two (2) years after the last entry. The City Manager may request this log at any time. 5.10 Litter Abatement "Aw A. Minimization of Spills. Contractor shall use due car prevent Solid Waste, Recyclables, and Organic Waste, from being spilled or scattered g the collection or transportation process. If any Solid Waste, Recyclables, and Organic Waste are spilled during collection, the Contractor shall promptly clean up all spilled materials. B. Clean Up. During the collectionl0ansportation process, the Contractor shall lean up litter in the immediate vicinity of any Solid Waste, Recyclables, and Organic Waste storage area (including the areas where collection bins and debris boxes are delivered for collection). The Contractor shall discuss instances of red spillage not caused by it directly with the customer responsible and will report such instance7lo the City. City will attempt to rectify such situations with the customer if Contractor has already attempt to do so without juccess. C. Covering of Loads. Contrac�shall c er all open de s boxes and compactor openings during transport to the disposal site or any processing facility. No material shall be transported to the diiss osal site or any processing fiility in vehicle hoppers. 5.11 TransporPation, Processina and Disposal of Solid Waste A. Solid Waste Facilities. No later than [insert date], Contractor shall submit a list of all facilities it intends to utilize in connection with the transportation, disposal and processing of Solid Waste. Recyclables Facilities. No later than [insert date], Contractor shall submit a list of all facilities it intends to utilize in connection with the transportation, disposal and processing of Recyclables. rr C. Organic Waste Facilities. No later than [insert date], Contractor shall submit a list of all facilities it intends to utilize in connection with the transportation, disposal and processing of source -separated Organic Waste. Source -separated Organic Waste shall be diverted to an Organic Waste Processing Facility. D. Change in Facilities. Contractor shall transport all those materials remaining as residue to the disposal site it selects. That site may be disapproved by the City Manager in which case a new site shall be selected by City Manager and Contractor. Contractor shall consider the most cost effective facility, including tipping fees, operating and hauling costs. 14 Draft 2-2-2022 E. Recordkeeping. Contractor shall maintain accurate records of the quantities of Solid Waste, Recyclables, and Organic Waste transported to the appropriate processing facility, if transported to a processing facility, and as applicable to the disposal site. Contractor will cooperate with City in any audits or investigations of such recorded quantities. Contractor shall devise a method approved by City to identify the diversion rate for City for its waste stream processed at the MRF which is responsive to any and all documents required by CalRecycle. Contractor has the right to retain any materials collected under the franchise and retain any payments therefor. 5.12 Vehicles A. General. Contractor shall provide a fleet of collection vehicles sufficient in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms. The Contractor agrees to maintain each piece of equipment used by it in the performance of this Agreement in good order and repair`Contractor shall have available on collection days sufficient back-up vehicles for each type of collection vehicle used (i.e., residential, commercial and roll -off) to respond to complaints and emergencies. The City Manager reserves the right to inspect any and all of Contractor's equipment upon reasonable notice to Contractor. All such vehicles shall have water -tight bodies designed to prevent leakage, spillage or overflow. All such vehicles shall comply with the noise abatement requirements of this Agreement. Notwithstanding anything herein to the contrary, while in use collecting waste in West Covina, the fleet of collection vehicles provided hereunder shall be used only for Solid Waste, Recyclables and/or Organic Waste collected within Wes ovy�a. B. Specifications. All vehicles ed by Contractor in providing Solid Waste, Recyclables, and Organic Waste collection services shall be registered with the California Department of Motor Vehicles and shall meet or exceed all legaystandards. Contractor agrees to maintain all of its collection vehicles in compliance with the provisions of the California Vehicle Code, including but not limited to, Sections 27000(b), 23114, 23115, 42030, 42032, and all Vehicle Code sections regarding smog equipment requirements. All vehicles shall be inspected by the California Highway Patrol in accordance with applicable law. Contractor shall provide to City a copy of its biennial Basic Inspection of Terminals ("BIT") inspection conducted by the California Highway Patrol within thirty (30) days of each such inspection. Contractor further agrees to provide to City, within three (3) working days of a request from City, a copy of its vehicle maintenance log and any safety compliance report, including, but not limited to, any report issued under Vehicle Code Sections 34500 et seq. C. Vehicle Identification. Contractor's name, local telephone number, and a unique vehicle identification number designed by Contractor for each vehicle shall be prominently displayed on all vehicles, in letters and numbers no less than two and one-half (2 1/2) inches high. Contractor shall not place the City's logo on its vehicles. D. Cleaning and Maintenance. 1. General. Contractor shall maintain all of its properties, facilities, and equipment used in providing service under this Agreement in a safe, neat, clean and operable condition at all times, and well and uniformly painted, to the reasonable satisfaction of the City Manager. 15 Draft 2-2-2022 2. Cleaning. Vehicles used in the collection of Solid Waste, Recyclables, and Organic Waste shall be thoroughly washed at a minimum of one (1) time per week, and thoroughly steam cleaned on a regular basis so as to present a clean appearance and minimize odors. All vehicles shall be painted at least once every three (3) years, although the City may require the painting of any vehicle which does not present a satisfactory appearance, as deemed by the City Manager, at any time. All graffiti shall be removed immediately. The City Manager may inspect vehicles at any time to determine compliance with sanitation requirements. Contractor shall make vehicles available to the Health Department for inspection. 3. Maintenance. Contractor shall (i) inspect each veh�daily to ensure that all equipment is operating properly. Vehicles which are not operating properly shall be taken out of service until they are repaired and do operate properly; and (ii) perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage and shall make such records available to the City Manager upon request to the extent necessary to perform the inspections described in Sections 6.5 and 6.6. 4. Repairs. Contractor shall repair, or arrange for the repair *eneeded f its vehicles and equipment, including dents or other body damage, for which repairs because of accident, breakdown or any other cause so as to maintain all equipment in a neat, safe and operable condition. If an item of repair is covered by a warlhity, Contractor shall obtain warranty performance. Contractor shall maintain accurate records 3TIllepair which shall include date/milage, nature of repair and the signa of a maintenance supervisor or mechanic that the repair has been properly pe ed. 5. ento ontractor sha furnish suf nt equipment to provide all service required Agreement, including backup collection vehicles. Upon written request, Contractor shall furnish ity a current vehicle inventory. torn e. Contractor shall arrange to store all vehicles and other equipment in4safesecure ocations(s) in accordance with City's applicable zoning regulations if stored wity. Operation. Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. Contractor shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local weight restrictions on vehicles. 5.13 Solid Waste Containers A. Residential. Contractor shall provide an automated waste collection system for Solid Waste, Recyclables, and Organic Waste subject to the following terms: 1. Contractor shall provide (i) one (1) ninety (90)-gallon for commingled Solid Waste and Recyclables, and (ii) one (1) ninety (90)-gallon container for source -separated Organic Waste. Condominiums or similar multi -family premises that use individual containers for each unit will be provided one (1) sixty-four (64)-gallon container for commingled Solid Waste and 16 Draft 2-2-2022 Recyclables. Contractor may also make sixty-four (64)-gallon containers available to customers at Residential Premises that do not reside in condominiums or similar multi -family premises. 2. Contractor shall determine what containers shall be provided, subject to disapproval of City. Customers may request adjustments to container sizes, which must be approved by City. 3. In the absence of any determination, two (2) ninety (90)-gallon containers, one (1) for commingled Solid Waste and Recyclables, and one (1) for source -separated Organic Waste, shall be provided by the Contractor to customers at Residential Premises. 4. Any change in container size may be s 'ect to a service charge as specified in Exhibit "E" as amended. 5. Contractor shall fulfill the request to change containers within one (1) week of receipt of the written request unless circumstances beyond C ntractor's control prevent such a response or the City rejects a request to change containers. 6. Additional containers of either sixty-four (64)-g Ion or ninety ) -gallon size shall be provided by the Contractor at the written request of the customer subject to the additional monthly rates specified in the Exhibit "E" as amende 7. Contractor shall make the appropriate adj to the customer's account to reflect the change in container size, prorating the*bioling st of the nearest month from the date the request is recei ed.8. ontracto 1 provide con ner roe for disabled customers at no charge, as outli a ction f the Agreem t. 9. Separate from the roll -out service provided in Section 5.3, Contractor shall provide a roll -out service to any residential customer who requests such a service. Said service shall bject to additional charge as specified in Exhibit "E" as amended. 10. If any container is not used by the customer in the manner specified by the automate waste collection progr the Contractor shall use a multilingual red tag to so advise the customer. 4F B. Non -Residential. Contractor shall provide bins and debris boxes for storage of Solid Waste which shall be designed and constructed to be water tight and prevent the leakage of liquids. All containers with a capacity of one (1) cubic yard or more shall meet applicable federal regulations on solid waste bin safety. All containers shall be painted the Contractor's standard color and shall prominently display the name and telephone number of the Contractor. C. Cleaning, Painting, Maintenance. Once every twelve (12) months, Contractor shall replace, clean or repaint all commercial containers as needed so as to present a clean appearance. In addition, Contractor shall do the same upon forty-eight (48) hours of notice by the City. Contractor shall maintain all containers in a functional condition and shall remove graffiti immediately. Notwithstanding the foregoing, Contractor shall not be required to replace more than 17 Draft 2-2-2022 one hundred (100) bins per month for the first year of this Agreement under this subsection and shall prioritize such requests. D. Repair and Replacement. Contractor shall repair or replace all residential and non-residential containers damaged by collection operations. 5.14 Personnel A. General. Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical and other personnel as may be necessary to provide the servicbs required by this Agreement in a safe and efficient manner. B. Driver Qualifications. All drivers shall be trained and 4ftied in the operation of collection vehicles and must have in effect a valid license, of the appr a class, issued by the California Department of Motor Vehicles. � C. Identification Badge. Contractor shall require its rivers, and all other emplp yees who come into contact with the public, to wear a uniform as a means of identifying the emooyee. D. Safety Training. Contractor shall provide suitable operational and safety training for all of its employees who utilize or operate vehicles or equipmq&or collection of Solid Waste, Recyclables, and Organic Waste, or who are otherwise directl3Wolved in such collection. Contractor shall train its employees involved in Solid Waste, Recycla and Organic Waste, collection to identify, and not to collect, hazardous or infectious waste. E. No Gratuities. Contractor shall not permit its ployees to demand or solicit, directly or indirectly, any additional compensation or gratuity ftZi members of the public for the collection of Solid'Waste, Recyclables, and Organic aste under this Agreement. F. Employee Appearance and Conduct. All employees, while engaged in the collection gathering Solid Waste, Recyclables, and Organic Waste within the City, shall be attired in suitable and acceptable uniforms which are subject to approval by the City Manager. Cq tractor shall use its bast efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in customer courtesy, shall prohibit the use of loud or profane language, and shall instruct collection crews to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing services i the manner required by this Agreement, Contractor shall take all appropriate corrective measure . G. Provisio Field Supervision. Contractor shall designate one qualified employee as supervisor field operations. The field supervisor will devote at least fifty percent (50%) of his or her time in the field checking on collection operations, including responding to complaints. 5.15 Hazardous Waste A. General. If the Contractor determines that waste placed in any container for collection or delivered to any facility is Hazardous Waste or infectious waste or other waste that 18 Draft 2-2-2022 may not legally be disposed of at the disposal site or presents a hazard to Contractor's employees, the Contractor shall have the right to refuse to accept such waste. The customer will be contacted by the Contractor and requested to arrange proper disposal. If the customer cannot be reached immediately, the Contractor shall, prior to leaving the premises, leave a red bilingual, Spanish/English tag at least 3" x 6" indicating the reason for refusing to collect the waste, in which case a copy of the tag, along with the address of premises (and the name of the customer, if known) shall be delivered to the City Manager on the following business day. ALI If the waste is delivered to the disposal site before its presence is detecte akthe customer cannot be identified or fails to remove the waste after being requested to do so, the Contractor shall arrange for its proper disposal. The Contractor shall make a good faith effort to recover the cost of disposal from the customer, and the cost of this effort, as well as the cost of disposal shall be chargeable to the customer. The Contractor shall be entitled to include the costs incurred der this Section as an operating expense for purposes of Rate Review under Article 8 and nclude all sums recovered by it from customers as "Other Income" B. Residential Hazardous Waste Collection. Contractor shall cNthegreement, City and County to assist in any Household Hazardous Waste or similar residentaste collection by County. If the County fails to provide such service during the ter as requested by City Manager, Contractor shall arrange for an acce table licensed hazardous waste roundup at a central location within the City. Fees for this servic 1 be negotiated between the City and Contractor. 5.16 A. At the City Council's sole option, with sixty (607ays written notification to the Contractor, it may conduct a public hearing, at which the Contractor shall be present and shall participate, to review the Contractor's performance and quality of service and to provide for technological and regulatory changes. The reports required by this Agreement regarding customer complaints shall be utilized as one basis for review. In addition, any customer may submit comments or complaints during the review meetings either orally or in writing, and these shall be considered. These hearings may be scheduled by City Council at its discretion throughout the term of this Agreement, but not more often thanopually. B. N Within thirty (30) days after the conclusion of the public hearing, the City Council shall issue a report with respect to the matters raised at the hearings. If any noncompliance with the Agreement is found, the City Manager may direct Contractor to correct the inadequacies in accordance with the terms of this Agreement. Any change in scope of services or equipment shall be reflected in an amendment to this Agreement. 5.17 Transition to TI}1•ee-Container Collection System Athens seeks to develop a Materials Recovery Facility/Transfer Station in the City of Irwindale ("Irwindale MRF"). No earlier than one (1) year prior to the anticipated end of construction of the Irwindale MRF, and at the sole and reasonable discretion of Contractor, City shall permit Contractor to implement a Citywide transition to a three (3)-container collection system, and specifically the introduction of containers for the collection of source -separated Recyclables, for 19 Draft 2-2-2022 residential, commercial, and industrial premises. City and Contractor agree to meet and confer at times and dates agreeable to the Parties to discuss the Citywide transition including but not limited to any transition plan, container disbursement, performance standards, and rate adjustments that may apply. 5.18 Organic Waste Program A. General. Contractor will provide staff, labor, and materials to assist City with its compliance with SB 1383, as specified herein. Contractor shall (i) provide account site visits and reviews, and the tracking thereof; (ii) support public education and outreach Arts in the City; (iii) meet with CalRecycle staff; (iv) provide Organic Waste tonnage data to both City and CalRecycle; and (v) provide Organic Waste collection services, as provide rein. B. Default Service. 1. Residential. Contractor will permit cust mers at Residential Premises to commingle source -separated Green Waste, Food Waste, ood-soi paper products, clean Wood, and lumber only in containers designated for Organic wok 2. Commercial/Industrial. For custoXassesserformed mmercial and industrial premises, Contractor shall collect one (1) thirty-five (35)-ner. for source -separated Organic Waste one (1) time per week. Based on a waste by Contractor, Contractor may adjust the foregoing default level of service to any one of thts following container types: (i) one (1) container of sixty-four (64) gallons in size; (ii) one (1) bin of one and a half (1.5) to two (2) cubic yards in e; an (iii) one (1) metal roll -off container with a capacity of ten (10) or more cubic yards. 3. Exemptions. a Organic Waste program specified herein shall not apply to customers who maybe exempt fro SB 1383, as determined by the City pursuant to applicable state law. Collection Routes. Contrac r may collect source -separated Organic Waste from multiple es within one (1) O is Waste route and, if so, will report source -separated Organic Waste tonnage among the citive lume. Service Changes. Contractor may reduce or increase any Organic Waste service level based on inspection, audit, or review at any time, subject to the City Manager's right to review and disapprove. Contractor may assess additional charges for Organic Waste services above the default service level and/or above the minimum collection frequency for a given customer. C. Education and Outreach. On a quarterly basis, Contractor shall provide educational material by mail or electronically to customers providing information concerning proper recycling, the use of containers for Organic Waste, composting, preventing Contamination, and proper cart placement. Further, Contractor shall provide in -person outreach to customers at Residences as necessary under the "Contamination Protocols" specified in Section 5.19. 20 Draft 2-2-2022 D. Waste Characterization Studies. Contractor acknowledges that City must perform Organic Waste generation and disposal characterization studies periodically to comply with the requirements of SB 1383. Contractor agrees to participate and cooperate with City and its agents and to accomplish studies and data collection and prepare reports, as needed but no more than quarterly, to satisfy the requirements of SB 1383, provided such Organic Waste is delivered to a Contractor -owned or controlled facility or Contractor otherwise has access to information permitting it to perform characterization studies. E. Reporting. To the extent not addressed in Section 6.2, Coxo ctor will provide an annual report of the following (i) the average daily gross tons of Organic Wast collected by route, with map of routes; (ii) the total number of generators that receive each type of Organic Waste collection service provided by the Contractor; (iii) number of Organic Waste collection containers distributed by size and customer type; (iv) annual totals of Organic Waste processed including facility name and location; and (v) the number of route reviews conducted for prohibited contaminants and the number of non -Collection notices provided to customers due to Contamination. F. Route Audits. On a quarterly basis, Con�ractor shall conduct route audi signed to monitor, observe, and, if necessary, recommend route chaVes or service adjustmen to reduce Contamination in containers provided to customers. G. SB 1383 Procurement. As, part of City's efforts sfy annual procurement requirements specified in SB 1383, Contracthall have the option to, evels commensurate with those required in the City under SB 1383, assist the City in the p curement of Renewable Natural Gas (RNG) for collectioik vehicles used by Contractor in the City, and/or (ii) provide twenty (20) tons of compost or mulch, delivered to a location seleVed by the City. Should products such as greater quptities of compost, other or additional biofuels, or different forms of electricity be needed for City to satisfy its procurement requirements, and City requests that Contractor provide the same, City and Contractor shall meet an confer to discuss an amendment to the Agreement prior to such procurement. H. Container Color and Labelling. Notwithstanding any provision in this Agreement to the contrary, no later than January 1, 2036, all containers provided to customers must comply with the color and labeling requirements included below or as otherwise specified in 14 CCR Section 1899N; 14 CCR, Division 7, Chapter 12, Article 3; or other applicable law. Colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation, and the lids and bodies shall be uniform for each container type, as follows: (i) Solid Waste container bodies and/or lids shall be black or grey; (ii) if used, Recyclables container bodies and/or lids shall be blue; and, (iii) Organic Waste container bodies and/or lids shall be green. Hardware such as hinges and wheels on the containers may be a different color than specified herein. I. Organic Waste Ordinance; Enforcement. City will implement an Organic Waste ordinance that will require all customers to subscribe to Organic Waste services. Contractor shall coordinate with City by providing, upon City request, notice to City of any or all persons refusing Organic Waste services. City shall be responsible for all code enforcement actions to support compliance with SB 1383. Contractor shall not be liable for any claims, actions, obligations, demands, damages, liabilities, costs, or expenses for any damages or injuries caused by or arising 21 Draft 2-2-2022 from (i) the failure of customers to accept Organic Waste services, or (ii) the suspension or termination of services upon non-payment in whole or in part by customers, provided Contractor reports such instances of non-compliance or non-payment to the City for code enforcement. J. Program Changes. If additional or modified Organic Waste services are directed by City or required due to a change in law, and Contractor will otherwise incur additional costs, such as but not limited to changes in service frequency requirements mandated by applicable law adopted or implemented after the date of this Agreement, Contractor shall be entitled to a special rate adjustment as specified in Article 8. Nothing in this Agreement shall be construed as obligating Contractor to provide additional or modified services prior to City and Contractor having first agreed in writing to any such change. 5.19 Contamination Protocols IN In order to prevent Contamination, Contractor shall implement the protocols as specified herein. A. First Contamination Event. U110n the first discovery of Contamination within a given calendar year starting January 1, Contractor will collect the contaminated waste if safe to do so, treat the waste as Garbage for handling and billing purposes, anal affix a "Contamination Violation Notice" to any container with contaminated waste. Contractor shall also report issuance of any such notices to City. The Contamination Violation Notice will contain instructions on the proper procedures for sorting waste, and Contractor must notify the customer by phone, by U.S. mail, by email, in person, or by tag, of the following: (i) for the third and subsequent event of Contamination, the customer may be charged a contamination fee for each contaminated container, and (ii) for the fifth and subsequent event of Contamination, the ustomer may be charged a contamination fee for each contaminated container and Contractor may increase the si of the customer's container or require an additional container(s). Contractor must also contactfle Customer by phone, by U.S. mail, by email, in person, or by tag, to ensure that the Customer has the appropriate level of service for proper collection of waste. IF e ntamination Event. Upon the second discovery of Contamination with given calend starting January 1, the protocols specified in Section 5.19(A) shall C. lWhird Contamination Event. Upon the third discovery of Contamination within a given calenda77tar starting January 1, Contractor will collect the waste in the contaminated container(s) if safe to do so, treat the waste as Solid Waste for handling and billing purposes, and affix a Contamination Violation Notice to the contaminated container. Contractor may also elect to charge the then -maximum contamination fee for the Contamination event. For any assessed contamination fee, Contractor must provide digital/visual documentation of Contractor's discovery of Contamination to customer and City. D. Fourth Contamination Event. Upon the fourth discovery of Contamination within a given calendar year starting January 1, the protocols specified in Section 5.19(C) shall apply. E. Five or More Contamination Events. Upon each of the fifth and any subsequent discoveries of Contamination within a given calendar year starting January 1, Contractor will collect the waste in the contaminated container(s) if safe to do so, treat the waste as Garbage for 22 Draft 2-2-2022 handling and billing purposes, and charge a contamination fee for each event. For any assessed contamination fee, Contractor must provide digital/visual documentation of Contractor's discovery of contamination to customer and City. Upon five (5) business days' notice to City and customer, Contractor may (i) increase container size, require additional containers for excessive Contamination, or increase collection frequency, (ii) impose the then -maximum contamination fee, and/or (iii) provide notice that Contractor has recommended that City commence any applicable code enforcement action against customer. City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against offending customers in order to secure discontinuance of the Contamination. All City costs of such action shall be recovered from the offending customers. F. Disputes. If a customer disputes, in writing, an assessment of a contamination fee within thirty (30) days of the assessment, Contractor will temporarily halt any such assessment and Contractor may request a ruling by the City Manager to resolve the dispute. A request by Contractor to the City Manager to rule on any such dispute must be filed within ten (10) business days of a customer's written dispute, and Contractor mustoclude written documentation and digital/visual evidence of ongoing overall problems. Upon receipt of such documentation, the City Manager will rule on the dispute within ten (10) business days, and the City Manager's decision on resolving the dispute between Customer and Contract will be fmal. 5.20 Food Recovery Assistance A. Identification of Edible Food Generators. No later than [insert date], Contractor shall identify customers that meet the definition of Tier One and Tier Two Commercial Edible Food Generators and provide to the Citya list of such customers, which shall include: Customer name; service address; cont t information; Tier One or Tier Two classification; and type of business. B. Assess Commencing [insert date], and annually thereafter, Contractor shall support City in its efforts t contact Tier One Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services and assess compliance with the requirements of 14 CCR Chapter 12 Artic�O. Commencing JanW 1, 2024, and at least annually thereafter, Contractor shall expan annual assessment to include Tier Two Commercial Edible Food Generators. C. 1% Education and Outreach. Commencing [insert date], and annually thereafter, Contractor shall provide Commercial Edible Food Generators with the following information: (i) information about the City's Edible Food Recovery program; (ii) information about the Commercial Edible Food Generator requirements under 14 CCR Chapter 12 Article 10; (iii) information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and (iv) information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste. Contractor may provide the education information required by this section by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to customers. 23 Draft 2-2-2022 ARTICLE 6. OTHER COLLECTION -RELATED SERVICES, STANDARDS AND AGREEMENTS 6.1 Billin In consideration of the services and promises of the Contractor, the City hereby delegates to the Contractor the right and authority to collect from the persons served by the Contractor the prices for such service as is provided by this Agreement. The Contractor agrees that it shall neither charge nor collect any sum or surllls in excess of, or in addition to, the amounts specified in this Agreement for any Solid Waste, Recyclables, and Organic Waste collection services made pursuant to this Agreement. Tlie Contractor agrees that the City shall be under no obligation to collect or to enforce collection of any sums due to the Contractor for services rendered under this Agreement except as specifically provided in this Agreement or in the Municipal Code, and Contractor does hereby release the City from any and all liability for the payment of any sum or sums Ach may becKne due to the Contractor for the collection or removal of Solid Waste, Recycla es, and OrganiL"'Waste,under the terms of this Agreement, provided that if an account is delinquent for more than ninety (90) days, the City will ensure that such account is billed on the City's property tax rolls pursuant to the Municipal Code if requested by the Contractor. The Contractor will bill customers on a quarterly basis. The Contractor shall have the right to bill and collect for its services in advance of the rendition of services hereunder but shall refund any unused portion equal to one (1) month or more of the amount collected in the event of disruption, revision, or termination of the sekices or when Residential Premises are vacant for at least a one (I) -month period anq&rior notice of such vacancy has been givto the Contractor. Termination of services as refe in this Section shall not include termin ?Orn due to nonpayment. Services terminated due to nonpayment of collection fees may be reinstated with the payment of a reinstatement charge as specified in Exhibit "E" attached hereto. Customers may, on an individual basis, request annual or monthly payment schedules, and the Contractor will work in good faith with individual customers to reasonably satisfy such requests. Asi part of the billing procedure and along with normal billings, the Contractor shall provide envelopes, return envelopes, and messages with multilingual text related to solid waste management and recycling issues. TheseXiessages shall include but are not limited to route maps, pick-up times, collection rules, holidays, and similar information. Such messages include, but are not limited to, clean up Saturdays and Christmas tree recycling. The language of any such messages shall be reviewed and approved by the City Manager prior to their distribution. The costs for the printing and distribution of such notices shall be the sole responsibility of the Contractor. Contractor also agrees So insert with the billings, mailers describing activities of the City government unrelated to solid waste management or recycling issues. City Manager will provide not less than fifteen (15) days' notice to Contractor prior to the mailing date of any proposed mailing to permit Contractor to make appropriate arrangement for inclusion of the City's materials. City Manager will provide Contractor the mailers at least (7) days prior to the mailing date. Contractor shall notify City of its mailing schedule to enable City to provide notices and mailers in compliance with this Section. 24 Draft 2-2-2022 The Contractor shall maintain copies of said billings and receipts, each in chronological order, for a period of three (3) years after the date of service for inspection by City. The Contractor may, it its option, maintain those records in computer form, on microfiche, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification in a timely manner. The City Manager shall have the right to request changes to the billing format to itemize certain appropriate charges or to otherwise reasonably clarify the billing. The Contractor will cooperate with the City to revise its billing format as necessary to itemize appropriate QQharges from time to time, however, once any billing format is approved by the City Manager, if aily future changes to the billing format result in substantial costs, those costs may be recovered by Contractor pursuant to this Agreement. Contractor shall not itemize the franchise-Vge excep 'th the written consent of City Council. The Contractor may assess penalties for late payments and collection of delin accounts. The Contractor may discontinue service to any customer where payment for services rendered is delinquent for sixty (60) days or more. The Contractor shall notify the customer and the pity in writing of its intent to discontinue service not less than ten (10) business days before such discontinuation shall occur. 6.2 Annual Reports The Contractor shall submit annual reports with respect to its operations (including but not limited to MRF operations) pursuant to this Agreement. The annual reports shall be submitted not later than four (4) months following the end of the Contractor's annual accounting period. The report shall be in a format which will allow the City Manager and City Council to compare the operations of the Contractor Yvith the franchise fee paid. As part of the report, the Contractor shall calculate the actual franchise feed, set forth the quarterly franchise fee payments actually made, and show the appropriate additional franchise fees owed to the City or the overpayments of the franchise fees actually owed for the annual period. This report shall also include customer billing info ion by class of ice and number of services. 6. nnual Audit At the regr k of the City Manager, the reports submitted by the Contractor pursuant to Section 6.2 may be audited and certified to by an independent certified public accounting firm mutually approved by the City Manager and the Contractor. The Contractor will bear the expense of said audit where a $10,000 discrepancy (adjusted annually by CPI) is discovered, but audit fees are allowed as an operating expense for rate -setting purposes. If the Contractor and City Manager fail to mutually agree on the selection of a certified public accounting firm within five (5) months prior to the end of the Contractor's annual accounting period (for that accounting period), the City Manager shall submit the names of five (5) certified public accounting firms from which the Contractor shall select one (1). The Contractor shall notify the City Manager of its choice not later than fifteen (15) days from the date of receipt of said list. The third parry auditor or consultant selected shall be allowed access to Contractor's records as necessary to carry out the audit and shall be required to sign a confidentiality agreement. 25 Draft 2-2-2022 6.4 Recordkeepinu The Contractor shall maintain such accounting and statistical records as shall be necessary to develop the financial statements and reports prescribed by City. 6.5 Right to Inspect Records Notwithstanding Article 6, City officials retains all of their rights to aydit or inspect under the business license ordinance. AL 6.6 Inspection by City The City Manager shall have the right to observe and review tracto iness operations and enter premises for the purposes of such observ/ations at all nable hours with reasonable notice. 6.7 Public/Customer Service and Accessib A. Office Location. Contractor shall provide a buginNs office for pposes of carrying out its obligations under this Agreement. This main office shall be located at 1 048 Valley Boulevard, City of Industry, California 91715. B. Office Hours. Contractor's office shall be open to th tom 7 a.m. to 5 p.m. Monday through Friday. The office may be closed on Saturdays and ys and those holidays recognized by the Contractor C. Availability of Representatives. representre of the Contractor shall be available at the Contractor's main office during o e hours to communicate with the public in person and by telephone. Wr D,go Telephone. Contractor shall maintain atoll -free telephone system in operation at its main fice at all times. Contractor shall install telephone equipment, and have available service repr}'esentatives sufficient to handle the volume of calls typically experienced on the busiest days. Telephone service shall 1'e provided from 7 a.m. to 5 p.m. Contractor shall also maintain an after-hours telephone number for use during other than normal business hours. Contractor shall have a representative or voice mail available at said after-hours toll -free telephone number during all hours other than normal office hours. If customers are unable with reasonable effort to reach Contractor's office by phone, or are subject to waiting time "on hold" of more than two (2) minutes prior to reaching a customer service representative, City Manager may require that Contractor install additional telephone lines or hire additional customer service representatives. The City Manager and Police and Fire Departments shall be provided with an emergency phone number. E. Consumer Information. 1. Contractor shall provide brochures containing information about the amounts of Solid Waste or Recyclables which will be collected, times for special collection events, 26 Draft 2-2-2022 recycling and household hazardous waste drop-off programs and other special services. Contractor shall distribute such brochures to all new subscribers annually and shall include such updated information in the billing envelope. Brochures shall also be mailed to City residents upon request and shall be provided to the bona fide community groups upon request. 2. Contractor will submit proofs of the brochures to City Manager prior to distribution and will incorporate City's comments in the final version distributed to the public. F. Payment Center. City may require Contractor to providftt,east one (1) payment center in the City of West Covina for the purposes of accepting payments fro customers. 6.8 Service Complaints The Contractor agrees to maintain a written log of all oral and wri n service c�plaints registered with the Contractor from customers within the City. ContractorCII be responsible for the prompt and courteous attention to, and prompt and reasAke resolution of, all customer complaints. Contractor shall record in a separate log all e d oral complaints, noting the name and address of complainant, date and time of complaint, n3ture of complaint, and nature and date of resolution. This complaint log shall be retained by the Contractor for at least one (1) year after the last entry and the City Manager may re*he log at any reasonable time. Contractor shall respond to all complaints from customers within twenty-four (24) hours, weekends and holidays excluded. In particular, if a complaint involves a failure to collect Solid Waste, Recyclables, and Organic Waste from a premises, required by this Agreement, Contractor shall collect the Solid Waste, Recyclables, and Organic Waste, in question within such twenty-four (24) hour period, provided it has been delivered for collection in accordance with the Municipal Code or this Agreement. 6.9 City's Right to Change Scope of Work The City�nager or City Council may require changes in collection or disposal methods and the Contractoor shall comply, provided that if such changes result in increased costs to the Contractor, thqoContractor shall have a ri t to apply for a rate review and adjustment pursuant to Article 8 of this Agreement. 6.10 It is expressly undthat for collection. 6.11 IA Waste becomes the property of the Contractor when placed Contractor shall not discriminate in the provision of service or the employment of persons engaged in performance of this Agreement on account of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, or sex of such persons or as otherwise prohibited by law. 27 Draft 2-2-2022 6.12 Change in Collection Schedule Contractor shall notify City Manager seven (7) days prior to, and residential customers not later than the day prior to, any change in residential collection operations which results in a change in the day on which Solid Waste, Recyclables, and Organic Waste collection occurs. Contractor will not permit any customer to go more than seven (7) days without service in connection with a collection schedule change. 6.13 Report Accumulation of Solid Waste, Unauthorized Dumpin¢ Contractor shall direct its drivers to note (1) the addresses of any premises at which they observe that Solid Waste is accumulating and is not being delivered for collecfoh; and (2) the address, or other location description, at which Solid Waste has been dumped in an apparently unauthorized manner. Contractor shall deliver the address or description to City Manager within three (3) working days of such observation in order to protect health, safety and welfare. NIL ARTICLE 7. CALIFORNIA INTEGRATED WASTE MANAGEMVRERTING OF 1989 ("AB 939"): OPERATIONAL AND REQUIREME'I*, 7.1 Implementation of SRRE Contractor shall implement and maintain the set out on Exhibits A an�ended. 7.2 Other Recycling Programs recycling program At the request of City, Contractor shall maintain the c e bins used for recycling and located in City parks In addition, the Contractor and City Manager o or her designee shall agree on the schedule, fovat, and content of additional programs to be implemented. 7.3 MNTransfer Station Proposal Pe Contractor shall operate and maintain its MRF/Transfer Station located at 14048 Valley Boulevard as set out on Exhibit C, as amended. 7.4 Diversion Guarantee Contractor shall indemrAr, defend and hold harmless City from and against any and all fines imposed by CalRecycle or other responsible agency(ies) arising from City's failure to meet landfill diversion requirements of AB 939, or substantially similar legislative enactments by the State of California. Contractor agrees this subsection applies to the entire waste stream for which City is accountable by CalRecycle and not just that portion of that waste stream processed by Contractor, pursuant to this Agreement. In the event CalRecycle (or any other subdivision or body of the State) provides an administrative process to challenge the imposition of a compliance order or fine or 28 Draft 2-2-2022 fines, Contractor shall be responsible for engaging (at no cost to the City) consultants and/or attorneys (subject to City's reasonable consensus) to represent the City. The indemnification set out in Section 9.1 hereof shall not apply to the matters described as set forth in the preceding paragraph of this Section 7.4. 7.5 Annual AB 939 Reporting Reauirements Contractor shallrecord and transmit to City on a quarterly basis the quantities of City Solid Waste collected and processed and the MRF and the residue of or unpNcessable materials therefrom. ' Contractor also shall report waste composition, tonnage by material type, percent diverted, and market value on a quarterly basis, as determined by City, for City's waste stream taken to the MRF/Transfer Station. Residential Solid Waste —Solid Waste originating from si e-and multiple -unit dwellings Single -unit tonnages are to be accounted for separately from mul it tonnages. In thoscases where multi -unit accounts are commingled with material from her wa a sources ConVactor will be responsible for developing a reason* eason methodology for estimating such multi -unit tonnages which is acceptable to the City Manager ntainer for equency] X [% of capacity] X [assumed density]). Commercial Solid Waste — Solid aste o ginating from res, business offices, commercial warehouses, hospitals, educational, health care, milita correctional institutions, nonprofit research organizations, a�hd government o ices. Industrial Solid Waste — All Solid Waste pld in debris boxes. Other Sources — Solid Waste originating from sucsources as state and national parks and recreational areas (Note: estimation of self -haul waste which is classified as an `Other' source will be the responsibility of City). Contractor shall provide to'the City Manager an annual "Waste Disposal and Diversion Report" based upon these daily records by the 31st of January. This report shall include total tonnages disposed by waste source and disposal facility, and total tonnages diverted by waste source, material type, and program and the specific processing facility or market to which the materials were delivered. Contractor shall try to include reports on private recycling efforts so that these will be counted toward City's diversion goals. Contractor shall submit all reports needed to meet City's reporting requirements to CalRecycle, and to the County of Los Angeles throughout the term of this Agreement. Contractor shall also provide any other reports required by AB 939. 29 Draft 2-2-2022 7.6 AB 939 Staffing Position The Contractor shall dedicate adequate staff to implement and monitor AB 939 requirements on behalf of City, throughout the term of this Agreement, in accordance with the City's integrated waste management programs identified in the Source Reduction and Recycling Element (SRRE). 7.7 Public Outreach Program The Contractor will develop and implement a public education program on source reduction, reuse, recycling, composting and secondary materials usage and availability as required by the Public Education Component of the City's SRRE and AB 939. This requirement may include, but is not limited to public and school presentations, mailers, brochuras set out on Exhibit D, attached and incorporated herein. 7.8 Use of Recycled Materials Whenever possible Contractor shall use recycle s part ofall publicity, billing, and other management and operational activities associated the performance of this Agreement. Opportunities for use of other recycled materials, including but not limited to the purchase of collection containers with recycled m al content shall also be pursued, with a cost/benefit analysis provided to the City Manager. 7.9 Participation in Integrated Waste Management Program Agreement The Contractor shall pay $55,000 per year to the City of West Cov' for the City's Integrated Waste Management Program subject to the folloXque nditions A. The amount due shall lbe paid inly payments by the loth of each month commencing July 1 of each year. /apnpagement The funding amount shall be adjus each year according to CPI. If the City Cozeroves an increase in the Base Rate fo the Monthly Collection rate, the Integrated W fund contribution from the Contractor shall increase by the same percentage. 14 C. The Contractor's contribution to the Integrated Waste Management Fund shall not be included in or funded by the rates approved by the City Council pursuant to Article 8 of this Agreement. kL D. This funding requirement shall continue until the Agreement is terminated or until modified with the agree of the City and the Contractor. 7.10 Change in Laws Contractor shall develop and, upon the City Council's approval, implement within a timely manner, programs to meet new requirements of AB 939 or similar state and federal laws. Contractor may request a rate increase under Article 8 for additional duties required hereunder. 30 Draft 2-2-2022 ARTICLE 8. SERVICE RATES AND REVIEW 8.1 Rates A. Maximum Service Rates. Rates for all services provided to customers covered by this Agreement shall be as specified in Exhibit E of this Agreement, subject to adjustment as permitted pursuant to this Agreement. B. Annual Rate Adjustment. Beginning July 1, 2022, and annually thereafter on July 1, the rates provided in Exhibit E shall be automatically adjusted annuall�*by the Annual Rate Adjustment. If determined by City as required by applicable law, after July 1, 2027, and each five years thereafter, the City Council shall agendize a vote for adoption of an extension to the Annual Rate Adjustment in accordance with applicable law, including without limitation Government Code section 53756, and article XIII D, section 6(a) o e California constitution, to the extent applicable. C. Phase -in. Notwithstanding any p vz in this Agreement to the con r the period beginning July 1, 2022 and ending June 30, 20 , in addition to any other rate tment permitted under this Agreement, the rates provided in Exhibit E shall be subject to suirplemental adjustments specified below. Period Residential Premises Commercial/Industrial Beginning Supplemental Adjustment Supplemental Adjustment July 1, 2022 Annual Rate Adjustment + .0% Annual Rate A 'ustment + 7% July 1, 2023 Annual Rate Adjustment + 2. % Annual Rate Adjustment + 5% July 1, 2014 d N/A Annual Rate Adjustment + 5% L, 8.2 Specia Rl ^diustments Contractor may apply to the City Council for consideration of a special, interim rate review should an event or circumstance arise which results in an increase in the cost of operations by Contractor. A final determination concerning an application for special, interim rate review shall be considered by the City Council within sixty (60) days of Contractor's request, unless extended by mutual agreement between the Partiesi and shall not be unreasonably denied upon Contractor's demonstration that (i) an event or circumstance occur -red or will occur which is not reasonably foreseeable, and is not a usual business risk of Contractor; (ii) an event or circumstance occurred or will occur which is beyond the control of Contractor; (iii) it is necessary for Contractor to make a substantial change in its operation, or substantial capital investment, in order to perform its obligations under this Agreement or to meet the requirements of applicable law or regulation; or (iv) changes to Contractor's operations within the City are required due to a change in law. Nothing in this Agreement shall be construed as obligating Contractor to provide additional or modified services prior to City and Contractor having first agreed in writing to any such change. 31 Draft 2-2-2022 8.3 Procedures Upon Invalidation of Rate Adiustment. In the event that City is prohibited by applicable law (excluding the Municipal Code) to (i) approve or implement an Annual Rate Adjustment, supplemental adjustment, or special rate adjustment, or (ii) in the event of a vote by the City Council electing not to extend the Annual Rate Adjustment any time after July 1, 2027, no later than July 1 of the year said adjustment would otherwise take effect, City must provide written notice to Contractor identifying such prohibition ("Denial Notice"). To the extent a rate adjustment is prohibited by applicable law, the Denial Notice shall include a written justification explaining why City is prohibited by applicable law to approve or implement such rate adjustment. Within thirty (30) days of Contractor's receipt of a Denial Notic�, or as extended by mutual agreement, City and Contractor shall agree to corresponding reductions in programs, services, or fees and payments otherwise due to City to compensate Contractor for any lost monies that would have been recovered through a rate adjustment but for a prohibition of the same. If City and Contractor do not reach an agreement within the time prescribed herein, at Contractor's request, City will immediately offset all such lost monies from the amounts otherwise due to City for franchise fees. Such monies may be refunded to the City upon mutual agreement between the Parties. Contractor shall reserve the right to terminate the Agreem t witho ause or penalty. 8.4 Publication of Rates The Contractor shall provide prior written`iiotice to subscribers o changes, which notice may be provided with, or as part of a regular billing. Contractor may pro sc edule of tipping fees along with customer billings. ARTICLE 9. INDEMN INSURANCE, BOND IV 9.1 Indemnification of City Separate and distinct from the insurance and liquidated damages provisions found in this Agreement, Contractor agrees to defend, indemnify, and hold harmless, City and its elected officials, officers, agents, and employees from and against any and all claims, demands, damages, liabilities, costs or expenses for any es or injuries to any person or property, including but not limited to, injury to Contractor's yees, agents or officers which arise from or are connected with or are caused or claimed be caused by acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all costs and expenses of investigating and defending against same; provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established active negligence or willful misconduct of the City, its agents, officers or employees. 9.2 Insurance A. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $10,000,000 combined single limit per occurrence for bodily injury and property damage. 32 Draft 2-2-2022 2. Automobile Liability: $10,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. B. Deductibles and Self -Insured Retentions. Any significant 'deductibles or self - insured retentions must be declared to and approved by the City Risk Manager. At the option of the City Risk Manager, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officials, employees, age or volunteers; or the Contractor shall procure an additional letter of credit or bond gu tying payment of losses and related investigations, claim administration and defense exp es. C. Other Insurance Provisions. e pSia are contain, orb or d to contain, the following provisions: 1. General Liabili Automobili Coverage. a. The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; services, products and operations of the Contractor; premises owned, leased or used by the Contractor; or vehicles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no spec' imitation't on the scope of protection afforded to the City, its officials, employees or vol F b. The Col tractor's insurance coverage shall be primary insurance as respect the City, its officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not q&lbute wi it. The Ci , its officers, agents, employees and volunteers shall be named as additioNhamed insdreds. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents, or volunteers. d. Co erage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability and in no case shall the insurer's total liability be increased. 2. All Covera¢e. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, modified, or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City Risk Manager. D. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California 33 Draft 2-2-2022 and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better. F. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. G. Required Endorsements 1. The Workers' Compensation policy shal ^ntainn endorsement in substantially the following form: Thirty (30) days prior written notice shall be given to the City of West Covina in the event of cancellation, reduction in coverage, rnonrenethis policy. Such notice shall be sent to: City Manager A City of West Covina 1444 West Garvey Avenue West Covina, CA�793 2. The Commercial General Liability and Aut ile Liability policies shall contain endorsements or policy terms in substantially the following a. Thirty (30) days prior written notice sh be given to the City of West Covina in the event of cancellation, reduction in coverage, or non -renewal of this policy. Such notice shall be sent to: IN City Manager City of West Covina 1444 West Garvey Avenue West Covina, V1793 71> b. ' "The City of West Covina, its officers, employees, agents, and litional insureds on this policy." C. "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by the City of West Covina, including any self - insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." d. "The City, its officers, agents, employees and volunteers shall be named as additional named insureds and such inclusion shall not affect the City's rights as respects any claim, demand, suit or judgment brought or recovered against the Contractor. The policy shall protect Contractor and the City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase the Contractor's liability as set forth in the policy beyond the amount shown or to which the Contractor would have been liable if only one parry had been named as an insured." 34 Draft 2-2-2022 H. Delivery of Proof of Coverage. Simultaneously with the execution of this Agreement, Contractor shall furnish the City Risk Manager endorsements of each policy of insurance required hereunder, in form and substance satisfactory to City. Such endorsements shall show the type and amount of coverage, and effective dates and dates of expiration of policies. If the City Risk Manager so requests, copies of each policy, together with all endorsements, shall also be promptly delivered to City. Renewal certificates will be furnished periodically to City Ris anager to demonstrate maintenance of the required coverage throughout the term of this nt or any extension thereof. I. Other Insurance Requirements. The Contractor hall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Contractor from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self -insured reserves is made by any third person against the Contractor or any subcontractor on account of any occurrence related to the Agreement, the Contrac r shall promptly report the facts in writing to the insurance carrier and to the City Risk Merger. 01 If Contractor fails to procure and maintain any insurance relwy this Agreement, the City may take out and maintain, at the Contract xpense, such in a as it may deem proper and deduct the cost thereof from any monies �{e the Contractor. The City reserves the right at any time during the term of this Agree change the amounts and types of insurance required by giving the ntract (90)- advance written notice of such change. 9.3 Faithful Performance B Simultaneously with the execution of this Agreement, Contractor shall file with the City Manager a bond, payable to the City, securing the Contractor's faithful performance of its obligations under this Agreement. The prin ipal sum of the bond shall be one hundred thousand dollars ($100,000). The bond shall be exec as surety by a corporation authorized to issue surety bonds in the State of,Califomia, with a fina ial condition and record of service satisfactory to the City Manager. The bond shall be in the form approved by the City Manager and City Attorney. In the alternative, the Contractor may deposit a letter of credit or obtain and open a certificate of deposit in the name of the City to be held to secure this faithful performance. In the event Contractor for aq/reason becomes unable to, or fails in any way to, perform as required by this Agreement, may declare a portion or all of the performance bond which is necessary to recompense and make whole City forfeited to City. Upon partial or full forfeiture of the performance bond, Contractor shall restore the performance bond to its face amount within thirty (30) days of City's declaration. Failure to restore the performance bond to its full amount within thirty (30) days shall be a material breach of this Agreement. 35 Draft 2-2-2022 ARTICLE 10. CITY'S RIGHT TO PERFORM SERVICE 10.1 General In addition to any and all other legal or equitable remedies, in the event that the Contractor, for any reason whatsoever, fails, refuses or is unable to collect, transport or deliver to the appropriate solid waste management facility any or all Solid Waste, Recyclables, or Organic Waste, which it is required by the Agreement to collect and transport, at the time and in the manner provided in this Agreement, for a period of more than seventy-two (72) hours, and if, as g result thereof, Solid Waste, Recyclables, or Organic Waste should accumulate in the City to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the public health, safety or welfare, then the City Manager shall have the right, but not the obligation, without payment to Contractor upon twenty-four (24) hours prior written notice to Contractor during the period of such emergency as determined by City Manager, (1) to cause to be performed such services itself with its own or other contracted personnel without liability to Contractor; and/or (2) to take possession of any of all of Contractor's land, equipment and other property used or useful in the collection and transportation of Solid Waste, Recyclables, or Organic Waste, and to use such property to collect and transport any Solid Waste, Recyclables, or Organic Waste generated within the City whit Contractor would gtherwise be obligated to collect and transport pursuant to this Agreement. Notice of the Contractor's failure, refusal lect to collect anVent solid waste may be given orally by telephone to the Contrac a its principal 0shall be effective immediately. Written confirmation of such o noti ation shall o Contractor within twenty-four (24) hours of the oral notification. Contractor further agrees that in such event: ` 4F (1) It will fully cooperateS*thcityto eff transfer of possession of property to the City for City's use. (2) It will�if the City Makeq ests, and to the extent feasible, keep in good repair and condition all of such property, provide all motor vehicles with fuel, oil and other service, and provide such other service as may be necessary to maintain said property in operational condition. J (3) ty agrees that it assumes complete responsibility for the proper and normal use of such equipm Vow ies while in its possession. (4) Contracrovide all necessary billing information and Contractor and City Manager shall determibill, in what amounts, and the distribution of amounts received. The City's exercise of its rights under this Article 10: (1) does not constitute a taking of private property for which compensation must be paid but an exercise of the City's police power, (2) will not create any liability on the part of City to Contractor; and (3) does not exempt Contractor from the indemnity provisions of Section 9, which are meant to extend to circumstances arising under this Section, provided that Contractor is not required to indemnify City against claims and damages arising from the sole negligence of City, its officers, employees, agents, or volunteers acting under 36 Draft 2-2-2022 this Section, and (4) does not terminate this Agreement, unless termination occurs under other provisions of this Agreement. 10.2 Duration of Citv's Possession City has no obligation to maintain possession of Contractor's property and/or continue its use in collecting and transporting Solid Waste, Recyclables, or Organic Waste for any period of time and may, at any time, in its sole discretion, relinquish possession to the ConActor. The City's right to retain temporary possession of Contractor's property, and taprovide solid waste collection services, shall continue until Contractor can demonstrate to the City Manager's reasonable satisfaction that it is ready, willing and able to resX uch services. ARTICLE 11. DEFAULT AND REMEDIE k. 11.1 Events of Default N Each of the following shall constitute an event of default ("event of default") hereunde A. Contractor fails to perfo*its obligations u defiis Agreement, as it may be amended from time to time, and: (1) if the failure or refusal of Captor to perform as required by Article 5 or Section 9.2 of this Agreement is not cured withi (4 business days after receiving notice from the City specifying the breach; or (2) in the case of any other breach of the Agreement, the breach continues for more than thirty (30) calendar days after written notice from the City Manager for the correct2en thereof, provided that where such breach cannot be cured within such thirty (30) day period, Contractor shall not be i'default of this Agreement if Contractor shall h2ve commenced suc action required to cure the particular breach within ten (10) calendar days after such notice, and it continues such perfgtmance diligently until completed. B Any representation or disclosure made to City by Contractor in connection with or as an in cement to ent&g into this Agreement or any future amendment to this Agreement, which proves to be false ea di in any material respect as of the time the representation or disclosure is made, whelhelWnot any such representation or disclosure appears as part of this Agreement* C. There is a seizure or attachment (other than a prejudgment attachment) of, or levy affecting possession on, the operating equipment of Contractor, including without limit its vehicles, maintenance or office facilities, or any part thereof of such proportion as to materially impair Contractor's ability to perform under this Agreement and which cannot be released, bonded, or otherwise lifted within seventy-two (72) hours excluding weekends and holidays. D. Contractor files a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in or consents to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of equipment no longer useful to Contractor or necessary for this Agreement), trustee (other than as security for an obligation under a deed of trust), custodian, sequestrator (or similar official) for any part of the Contractor's operating assets or any substantial part of Contractor's property, or makes 37 Draft 2-2-2022 any general assignment for the benefit of Contractor's creditors, or fails generally to pay Contractor's debts as they become due or shall take any action in furtherance of any of the foregoing. E. Any court having jurisdiction enters a decree or order for relief in respect of the Contractor, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or Contractor consents to or fails to oppose any such proceeding, or any such court enters a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Contractor or for any part of the Contractor's operating equipment or assets, or order the winding up or liquid�on of the affairs of Contractor. F. Contractor fails to provide reasonable af perfoie as required under Section 11.6. V 11.2 Riu-ht to Terminate Upon Default Upon a default by Contractor, after any required notic3, the City Council shall havelVght to terminate this Agreement without need for any hearing, suit or legal action. The Con ctor then shall forfeit $100,000 from its performa bond, certificate of deposit or letter of credit to City as liquidated damages. The City and Contractor agree that as of f execution oft eement it is almost impossible to ascertain the extent of any dam ges incurred by City fro Contractor's breach of this Agreement and that the sum of $100,000, to be withheld from the performance bond, Certificate of Deposit or letter of credit represents a reasonable amount in light of such circumstances; except that this amount shall not )aimitation under Section 7.4. 11.3 Possession of Property Upon TerminatIn the event of termination for default, the City the right to take possession of and use in the provision of services enumerated under this Agreement any and all of Contractor's land, equipment, and other property (excepting Solid Waste) used or useful in the collection and transportation of solid waste and the billing and collection of fees for these services. The City shall have the right to retain the possession of such property until other suitable arrangements can be made for the provision of solid waste collection services, which may include the award of an agreement of another waste hauling company, but in no case for more than forty-five (45) days. If the City retains possession thereof after the period of time for which Contractor has already been paid by means of bills issued in advance of providing service for the class of service involved, the Contractor shall be entitled to the reasonable rental value of such property. Contractor shall furnish the City Manager with immediate access to all of its business records related to its billing of accounts for services. 38 Draft 2-2-2022 11.4 City's Remedies Cumulative: Specific Performance The City's right to terminate the Agreement under Section 11.2 and to take possession of the Contractor's properties under Section 11.3 are not exclusive, and the City's termination of the Agreement shall not constitute an election of remedies. Instead, they shall be in addition to any and all other legal and equitable rights and remedies which the City may have. By virtue of the nature of this Agreement, the urgency of timely, continuous and high quality service, the lead time required to effect alternative service, and the rights granted by City to the Contractor, the remedy of damages for a breach hereof by Contractor may be' nadequate and City shall be entitled to injunctive relief. 11.5 Excuse from Performance The Parties shall be excused from performing their respecti 18 gations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God," war, civil insurrection, riots, acts of any government (including judicial action), pandemics, another similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sickout, picketiri other concerted job action conducted by Contractor's employees or directed at Contractor is !Wan excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurre ce of any or all of such events; provided, that in the case of labor unrest or job action directed a Wird party over whom Contractor has no control, the inability of Contractor to make collectionpffue to the unwillingness or failure of the third party to provide reasonable assurance of the safety of Contractor's employees while making collections or to 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 and provided further than the foregoing excuse shall be conditioned on Contractor's cooperation in making collection at different times and in different locations. The Party claiming excuse#?om perfo ce all, within two (2) days after such Party has notice of such cause, give the other party writt ice of the facts constituting such cause and asserting its claim to excuse under this Section. Notwithstanding, Contractor in the event of a catastrophic event shall comply with City's emergency preparedness plan. I In the event that either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. Notwithstanding the foreioing, however, (1) the existence of an excuse from performance will not affect the City's rights under Article 10; and (2) if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) days or more, other than as the result of third party labor disputes where service cannot be provided for reasons described earlier in this Section, the City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) days' notice, in which case the provisions of Section 11.3 will apply. 39 Draft 2-2-2022 11.6 Right to Demand Assurances of Performance If Contractor (1) is the subject of any labor unrest including work stoppage or slowdown, sickout, picketing or other concerted job action; (2) appears in the reasonable judgment of City to be unable to regularly pay its bills as they become due; or (3) is the subject of a civil or criminal investigation, charge, or judgment or order entered by a federal, state, regional or local agency for violation of a law relating to performance under this Agreement, and the City Manager believes in good faith that Contractor's ability to perform under the Agreement has thereby been placed in substantial jeopardy, the City Manager may, at his option and in addition to all other remedies the City may have, demand from Contractor reasonable assurances of timely and proper Nrformance of this Agreement, is such form and substance as the City Manager believes in good faith is reasonably necessary in the circumstances to evidence continued ability to perform under the Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely and p er performance in the form and by the date required by City Manager, h failure or refusa 1 be an event of default for purposes of Section 11.1. ARTICLE 12. OTHER AGREEMENT OF THE PARIK 12.1 Relationship of Parties The Parties intend that Contractor shall perform the services r d by this Agreement as an independent contractor engaged by City and not as an officer or yee of the City nor as a partner of or joint venture with the City. No Tmployee or agent of Co r shall be or shall be deemed to be an employee or agent of the City. Except as expressly p ided herein, Contractor shall have the exclusive control -Over the manner and means of conducting the Solid Waste, Recyclables, and Organic Waste collection services performeogjander this Agreement, and all persons performing such services. Contractor shall be solely resp nsible for the acts and omissions of its officers, employees, subcontractors and agents. Neither Contractor nor its officers, employees, subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with the City. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. 12.2 Compliance with Law In providing the services required under this Agreement, Contractor shall at all times, at its sole cost, comply with all applicable laws of the United States, the State of California, the County of 40 Draft 2-2-2022 Los Angeles and the City and with all applicable regulations promulgated by federal, state, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended during the term of this Agreement and any extension thereof. 12.3 Governing Law This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 12.4 Jurisdiction Any lawsuits between the Parties arising out of this Agreeme t shall be brought and concluded in the courts of the State of California, which shall have exc!Irvurisdiction over such lawsuits. With respect to venue, the Parties agree that this Agr ent islnade in and will be performed in Los Angeles County. 12.5 Assignment , Except as provided in Section 12.6, neither Party shall assi nghts nor delegate o"r otherwise transfer its obligations under this Agreement to any other perso out the prior written consent of the other Party. Any such assignment without the consent of t er Party shall be void and the attempted assignment shall constitute a material breach of this Agreement. For purposes of this Section, "assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of substantially all of Contractor's assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer qF0% or more of the outstanding common stock ofvContractor, unlesslthe change results merely in one of several prior owners increasing his or her ownership; (iii) any reorganization,�fronsolidation, merger recapitalization, stock issuance or re -issuance, voting trust, pooling agreen'Cent, escrow arrangement, liquidation or other transaction to whijk Contractor or any of its shareholders is a party which results in a change of ownership or contro 0% or more of the value or voting rights in the stock of Contractor unless the change result rely in one of several prior owners increasing his or her ownership; and (iv) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of aneuch transfer or change of ownership. For purposes of this Section, the term "proposed assignee" shall refer to the proposed transferees) or other successors) in interest pursuant to the assignment. Contractor acknowledges that this Agreement involves rendering a vital service to City's residents and businesses, and that the City Council has selected Contractor to perform the services specified herein based on (1) Contractor's experience, skill and reputation for conducting its solid waste and recycling management operations in a safe, effective and responsible fashion, at all times in keeping with applicable waste management laws, regulations and good waste management practices, and (2) Contractor's financial resources to maintain the required equipment and to support its indemnity obligations to City under this Agreement. The City Council has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement. 41 Draft 2-2-2022 If Contractor requests City's consideration of and consent to an assignment, the City Council may deny or approve such request in its complete discretion. No request by Contractor for consent to an assignment need be considered by the City Council unless and until Contractor has met the following requirements: A. Contractor shall undertake to pay City the amount, as determined by the City Manager, of its reasonable direct and indirect administrative expenses, including but not limited to consultant costs and attorney's fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any docume�ation required as a condition for approving any such assignment; B. Contractor shall furnish City Manager with ay ed financial statements (audited, if possible) of the proposed assignee's operations; \` C. Contractor shall furnish City Manager with sctory proof that the proposed assignee has at least five (5) years of solid waste management jxperience of a scale equal to or exceeding the scale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered any citations or other censure from any federal, state or local agency having jurisdiction over its waste management operationsdue to any significant failure to comply with statrderal or local waste management laws and that the assignee has provided with City Manag with a complete list of such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in anenvironmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its solid waste management practices in accordance with sound waste management practices in full compliance with all federal, state and local laws regulating the collection and disposal of waste, including hazardous waste as identified in Title 22 of the California Code of Regulations; (v) of any other information required by City Manager t9 ensure the proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner. At the point of transition, Contractor will coo to with City and subsequent contractor(s) or subcontractors to assi in an orderly transitio ich will include Contractor providing route lists and billing informal. In connection therewit , Contractor acknowledges that the provisions of Public Resources Co Sections 49520-49523 have no application to this Agreement and agrees, to the xtent such section may h ), application, to waive whatever rights they may afford. Any applicatio a franchise section shall be governed by the following conditions: D. Any application Mr a franchise transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit in an amount determined by the City Manager sufficient to meet the costs identified above. Additional bills in excess of the amount deposited shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within (30) days of receipt. Any such amounts are over and above any franchise fee specified in this Agreement. 42 Draft 2-2-2022 12.6 Subcontracting Contractor shall not engage any subcontractors for collection of Solid Waste, Recyclables, and Organic Waste without the prior written consent of the City Manager. All of the requirements of Section 9 shall apply to subcontractors. 12.7 Binding on Successors successors and permitted assigns of the Parties. Parties in Interest Nothing in this Agreement, whether express persons other than the Parties to it and their r The waiver by either Party of any breach or violation of aNsub be deemed to be a waiver of any breach or violation of anbreach of violation of the same or any other provision. Tof any monies which become due hereunder shall not be or concurrent breach of violation by the other Party of any provision payment of monies so accepted and only to the extent of monies so circumstances surrounding the Agreement and the acceptance by either Parry �waiver of any preexisting greement, except the (satisfactory to it) of the conditions performed by it. ijLl, the City fully reserves any rights it may otherwise have utilized in the performance of this Agreement, by purchase or emit domain. All notices, demands, requests, proposals, approvals, consents and other communications which this Agreement requires, authorizes or contemplates shall all, except as otherwise specifically provided, be in writing and shall be effective when personally delivered to a representative of the parties at the address below or deposited in the United States mail, first class postage prepaid, addressedas follows: If to City: City Manager City of West Covina 1444 West Garvey Avenue West Covina, CA 91793 43 Draft 2-2-2022 If to Contractor: Athens Services P.O. Box 60009 14048 Valley Boulevard City of Industry, CA 91715-0009 The address to which communications may be delivered may be chang from time to time by a written notice given in accordance with this Section. Notice shall be deemed given on the day it is personally delivered or, if mailed, three (3) days from the date it is deposited in the mail. X 12.13 Representative of the Parties Upon execution of this Agreement, the Contractor shall, by letter, designate in writing a responsible officer who shall serve as the representative of the Contractor in all matters rel�ed to the Agreement and shall inform the City Manager in writing of such designation and of any limitations upon his or her authority to bind the Contractor. The City n1ty rely upon actions taken by such designated representative as action of the Contractor unless they are outside the scope of the authority delegated to him/her by the Con for as communi to City Manager. ARTICLE 13. MISCELLANEOUS PI VI 13.1 Entire Agreement % Y This Agreement, }f%llxding the Exhibits, represent a full and entire Agreement between the parties with respect to the matters covered herein. 13.2 Section Headings t Thg article headings and section headi�gs in this Agreement are for convenience of reference only and arLl,not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. N 13.3 References to Laws ' All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 13.4 Interpretation Jr This Agreement shall be interpreted and construed reasonably and neither for nor against either Parry, regardless of the degree to which either Parry participated in its drafting. 44 Draft 2-2-2022 13.5 Amendment This Agreement may not be modified or amended in any respect except by a writing signed by the Parties. 13.6 Severability If any provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement which shall be enforced as if such invalid or unenforceable pr'bvision had not been contained herein. 13.7 Counterparts This Agreement may be executed in counterpart 13.8 Exhibits be conssWd an original. Each of the following Exhibits is attached hereto and incorporated herein and made a by this reference. Exhibit A — Automated Service Program Exhibit B — Frequency and location of City bins an ion Exhibit C — MRF/Solid Waste Transfer Facility Exhibit D — cycling Public Education program Exhibit E nt rates Exhibit F Ill gal Hauling Rem al Service Exhibit G Street Sweeping Servi s [SIGNATURE PAGE FOLLOWS.] 45 Draft 2-2-2022 hereof IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. DATED: DATED: CITY OF WEST COVINA ARAKELIAN ENTERPRISES, INC. David Carmany Ron Arakelian, III City Manager Executive Officer Lisa Sherrick Assistant City Clerk Draft 2-2-2022 EXHIBIT A AUTOMATED SERVICE PROGRAM All solid waste and recyclables in residential black automated containers, commercial bins and roll -offs will be processed at the materials recovery facility. Recyclables will be extracted from the waste stream, prepared for shipment and delivered to the market place. Contractor shall divert salvageable materials to achieve landfill diversion goals, as set out in Section 7.4 of the Agreement. Exhibit A-1 Draft 2-2-2022 EXHIBIT B WEST COVINA CITY SERVICES Location/Number of Free Service Bins/Barrels Account Street # Street Name Equipment City of West Covina 2021 Alwood Street 3YD Galster Park 1620 Aroma DriveYD Fire Station 1801 Azusa Aven YD Woodgrove Park 300 Brentwood Drive' 3YD Cameron Park 1305 Cameron Avenue 3 YD Cameron Park 1305 Cameron Avenue 3YDR Heritage Park 3510 Cameron Avenue 3YD Maverick Dev Group Baseball 300-330 Citrus Street 3 YD Cortez Park 2441 Cortez Street 3YD Fire Station 2441A Cortez Stree 3 YD Senior Citizen 2501 Cortez Stree 3 YD Del Norte Little League 1501A Del �e Street 3YD Food Center 4032 EllesfoPd Av nue 3YD West Covina City Hall 144 Garvey A 3YD West Covina City Hall 144 Garvey Aven 3YDR West Covina City Hall 1444 arvey Avenue 3YDR West Covina City Hall 1444A Garvey Avenue 3YDR Communication Center 1444B Garvey Avenue 3YD Orangewood Park 1615 Merced Avenue 3YD Administration Bui 1717-B Merced Avenue 3 YD Walmerado Park 625 Merced Avenue 3 YD Palm View Park 340 Puente Avenue 3YD Palm View Park Puente Avenue 3YDR Palmview Little Lea e 13 Puente Avenue 3YD Fire Station &Library 1435 Puente Avenue 1.5YD Del Norte Park 0 Rowland Avenue 3YD Friendship Park Sentous Avenue 3YD Shadow Oak Park 212 Shadow Oak Drive 3YD Shadow Oak Park 2121 Shadow Oak Drive 3YDR Fire Station 2610 Shadow Oak Drive 1.5 YD Chamber of Commer 811 Sunset Avenue 1.5YD Fire Department & Ci 819 Sunset Avenue 1.5YD West Covina City Yard 825 Sunset Avenue 1 OYD West Covina City Yard 825 Sunset Avenue 1 OYD West Covina City Yard 825 Sunset Avenue 3YD West Covina City Yard 825 Sunset Avenue 40YD Orangewood League 851 A Sunset Avenue 3YD Bus Shelter Baskets Various Exhibit B-1 Draft 2-2-2022 EXHIBIT C MATERIALS RECOVERY FACILITY/SOLID WASTE TRANSFER FACILITY ("MRF") Contractor shall accept all Solid Waste and Recyclables in the waste stream collected under this Agreement at its MRF facility. Contractor shall process all materials suitable for recycling and shall transport the residue for recycling and shall transport the residue to,& landfill, transfer station or other permitted disposal site. Contractor has the right to recycle and. reuse any materials collected under the Agreement and retain any payments for such materials. 1* Contractor, at its sole expense, shall at all times maintain the MRF in good condition and operating order and make any and all necessary repairs. Contractor shall comply with all applicable laws and regulations in operation of the MRF. Upon notice to Contractor, not more frequently tha ually, C` may audit or ca o be audited MRF performance or City diversion rates and of er 9 requ ents. Exhibit C-1 Draft 2-2-2022 MI-121TI-3wil PUBLIC EDUCATION PROGRAM Contractor and City shall work together to meet the following objectives of the Education and Public Information Component of the SRRE by providing funding, staff and programs: 1. Develop and send to subscribers an explanation of the ngw MRF/system and the reasons for source reduction and recycling. (Contractor) 2. As part of the Residential Sector Promotional Campaign, develop quarterly mailers to be approved by City and included in the billings targeting recycling issues including, but not limited to composting of green waste, operation of a MRF & MRF tours, markets for recycled products, and hazardous waste handling, and other special services. (City to provide initial mailer, Contract& to print; goal is multilingual.) 3. As part of the Residential Sector Acation and Information Program, schedue and publicize community meetings, cable shaws, displays and MRF tours. (Residential includes "multi -family.")` 4. As part of the School Cua Program, des' d make presentations for all school districts (and school clubs upon request) West Covina, to educate children and staff on reductioreuse an ecycling. r also shall schedule MRF tours. 5. As part of the Nonresidential Program, prepare distribute, at least quarterly, bulletins, mailers and articles, dircctly�r through c munity business organizations. Such information shall describe the methods and benefits of diversion for all generators, as well as specific generators such as offices, retail, hospitals, contractors and gardening. For example, targeted/programs for landscapers/gardeners would deal with recycling or composting yard waste and could train them in community green waste programs. Develop and present programs to local groups, such as an instructional video tape for target generators and to train representatives who can train others on waste evaluation and diversion. Provide information on the West Covina website providing diversion, recycling, reuse and recycled market information. Evaluate the effectiveness of its programs and modify programs as necessary given that feedback. Exhibit D-1 Draft 2-2-2022 EXHIBIT E Maximum Service Rates [Athens to insert) Exhibit E-1 2-2-2022 EXHIBIT F Illegal Hauling Removal Service I. Removal of Illegal Containers. Contractor will removal illegal temporary bins or roll -off boxes (collectively, "Illegal Containers") in the City, as specified in this Exhibit F, provided City first undertakes pre -impoundment notice prior to requesting the removal of an Illegal Container and provides written notice to Contractor documenting the same. _ 2. Process to Assian the Collection of Illegal Containers. No %ction regarding the impoundment of Illegal Containers may be taken by Contractor unless expressly authorized by the City Manager or his/her designee in writing. Contractor shall not be required to take any such action until it receives such writing. _N 3. Removal, Servicing, and Storage of Illegal Containers. At written request, Contractor shall perform each of the following withyespect to an Illegal Contain A. Respond within one business day of being notified by City t legal Container is present and should be removed. Contractor must provide an email ad and a telephone number to City to use in noti ng Contractor of anIllegal Container. B. Contractor will athTc notice to the Illegal *(ilthe demanding that the Illegal Container be removed within 24 hours; (ii) the location of tnitctor-selected roll -off yard where the Illegal Container will be sto if not removed; and Illegal Container will be stored for 48 hours prior to disposal of t e materials therein. Inotice should also be provided to the illegal hauler via email or telephone. The City shall approve a form notice for use by Contractor. A C. After 24-hours' notice expires, Contractor will transport the Illegal Container no later than the next business to a Contractor -selected roll -off yard nearest to the location where the Illegal Container was first discovered. Contractor shall store the Illegal Container for 48 hours at such yard. D. Upon the expiration of 48 hours at the roll -off yard, or unless sooner required for the health and safety of City, Contractor will recycle, process, and/or dispose of the materials in the Illegal Container. The facility utilized by Contractor must be permitted by CalRecycle and may include a landfill, MRF, transfer station, composting facility, construction and demolition recycling facility, and/or a recycling facility that meets the requirements of applicable law. The facility's invoice(s) should itemize the costs associated with recycling and/or disposing of the materials in the impounded Illegal Container, including tipping fees, taxes, and any related fees. Notwithstanding the foregoing, at the direction or concurrence of the City, Contractor may immediately dispose of the materials in an Illegal Container if such materials pose a health or safety risk. E. If known, after disposal, Contractor shall attempt to contact the owner of the Illegal Container, provide information where the Illegal Container may be reclaimed, and provide notice that if the container is not reclaimed within thirty (30) days, the City may cause such Illegal Container to be sold or auctioned as surplus property of City, pursuant to the City's procedures for same or may dispose of such Illegal Container in any lawful manner. Contractor shall have space adequate to house a minimum of five (5) impounded Illegal Containers of varying sizes at any given F-1 Draft 2-2-2022 time. Where applicable, arrange for the return of the Illegal Container. It is not the duty of Contractor to deliver the Illegal Container back to its owner. F. Contractor will provide the City access to the Illegal Container, or otherwise transport the Illegal Container to a location within the City at City direction, in the event that the Illegal Container is not reclaimed or otherwise redeemed. G. If an impounded Illegal Container is not reclaimed by its owner within thirty (30) days after notice specified in Section LE of this Exhibit, the City may cause such Illegal Container to be sold or auctioned as surplus property of the City, pursuant to the City's procedures for same or may dispose of such Illegal Container in any lawful manner. In the event of a sale or auction, Contractor may bid at such sale for the Illegal Container. 4. Reimbursement of Costs. Contractor sha mit a invor City detailing any costs related to removal, transport, and storage associated ith ousing Illega Containers including (i) $750 per container retrieval, adjusted annually by the percentage increase in CPI for the prior 12- month period (March of the current year to March of the prior year) plus one percent (1%) (i.e., CPI +1); (ii) plus applicable disposal, processing, or similar fees and any storage costs. Cityeshall reimburse Contractor for such amounts within ninety (90) days of the invoice. 5. Right to Refuse. Contractor may decline any City request to collect, store, or otherwise respond to any City request arising from an Illegal Container. 6. Indemnification. Notwithstani 'ng any provision in this ement, City agrees to defend, indemnify, and hold harmless Contracltor against all suits and auses of action, claims, losses, demands, and expenses, including but not limited to attorneys' fees, cost of litigation (to include actual litigation costs, such as the cost of experts and con)pItants), and damage or liability of any nature whatsoever arising from the collection, transportation, and storage of any Illegal Container. 7. Excuse from Diversion. Contractor shall make a good -faith effort to divert the materials in any Illegal Container. The tonnages from the Illegal Container(s) shall be reported on Contractor regular monthly and quarterly reports as a separate section and included in the overall diversion calculation. However, to the extent that any material collected from Illegal Container(s) is not recyclable or not otherwise subject to diversion (e.g., as Organic Waste), these waste tonnages shall be exempted from any di�sion requirement applicable to Contractor. h M F-2 Draft 2-2-2022 EXHIBIT G Street Sweeping Services 1. Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional street sweeping maintenance services as described herein ("Services"). Contractor shall sweep all streets specified in the street sweeping map included in Exhibit G-1. Any streets added by City, either by new construction or by annexation, shall be swept according to this Exhibit beginning as soon as such streets are officially accepted by City. Any streets eliminated or closed in the City during the term of this Exhibit, either bCity Council resolution or by annexation, shall be removed from the street sweeping schedule. 2. Standard of Performance. Contractor shall perfo in all Services to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his or her designee. When performing the Services, Contractor shall leava4all streets in the City, including arterial, collector, industrial, residential and commerce cul-de-sacs, median curbs, alleys, and public parking lots, in a "clean condition." A "clean co " is defined as the absence of trash or residue, including, but not limited to, leaves, paper, dirt, cks, cans and/or other debris, in the streets and gutters upon the completion of the sweeping operation. The City Manager or his or her designee will make the final determination as to whether the work has been satisfactorily completed and may order the Contractor to re-sNshall o areasept in a satisfactory manner. 3. Schedule of Perfo ance. Contracorm Servicesexpeditiously and in accordance with the scheduleftiorth herein. In order to fac' ate Contractor's conformance with the schedule,tCity shall respo o Contractor's�ubmittals in a timely manner. The schedule of Services shall be as follows: A. Weekly Service. Routine street sweeping shall be conducted once a week on dates utually a City and Contractor. Contractor shall not perform street sweeping services on holidays. D he week of a holiday, Contractor shall adjust the weekly schedule as necessary and shall return o the normal weekly schedule the following week. "Holidays" as used in this section shall mean New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. B. Hours. Standard operating hours for Services are specified in Exhibit G-1. No changes to the sweeping schedule will be allowed without the prior approval of City. C. Weather. Services shall not be canceled for inclement weather by Contractor without approval of the City, which shall not be unreasonably denied. During inclement weather, a two-hour standby period will be observed before a scheduled sweep will be canceled. Exhibit G-3 Draft 2-2-2022 4. Control and Payment of Subordinates. Services shall be performed by Contractor or under its supervision. Contractor shall not subcontract any portion of the work required by this Exhibit without prior written approval of City. Contractor will determine the means, methods, and details of performing the Services. Contractor retains the right to perform similar or different services for others during the term of this Exhibit. Any additional personnel performing the Services under this Exhibit on behalf of Contractor shall not be employees of City and shall at all times be under Contractor's exclusive direction and control. AL 5. City Contributions. City shall provide water to Contractor and make City yards available for disposing collected solid waste in connection with performance of the Services, without any charge to Contractor. Ad 6. Prevailing Wages. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Codell as Title 8, Section 16000 et seq. of the California Code of Regulations ("Prevailing Wa aws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor shall comply with all applicable Prevailing0wage Laws. Contractor shall defend, indemnify and hold the City, its ejected officials, officers, employees and agents harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 7. Safety. Contractor shall execu— to and maintain its wo to avoid injury or damage to any person or property. In carrying out the Services, Contra shall at all times be in compliance with all applicable local, state, and federal laws, rules, and regulations, and shall exercise all necessary ecautio r the safety of employees appropriate to the nature of the work and the conditions which tn rk is to be performed. 8. Additiona k. 01 General. Contractor shall bill and invoice City for such additional work in accordance with set forth in Section 5.6 of this Agreement. Any work which is determined by.City to be necessary for the proper completion of the Services but which was not included in the Services or which Contractor could not have reasonably anticipated would be necessary shall be considered "Additional Work." Contractor shall not perform Additional Work without written authorization fro City. B. pecial Juts. Contractor from time to time may be requested to provide Services immediately following parades, community celebrations, and other similar activities involving City streets or parking lots ("Special Events"). C. Emergencies. Contractor shall respond to City requests for emergency Services. City shall be charged a minimum of four (4) hours of work for any such Additional Work requested hereunder at the rates set forth in Section 5.17 of the Agreement. An "emergency" for the purposes of this provision means an event requiring street sweeping (i) made necessary by any natural or man-made disaster or similar emergency; or (ii) requested by City for performance when street sweeping is not normally provided, except for Special Events. Exhibit G-4 Draft 2-2-2022 9. Installation of Automated License Plate Readers. To the extent authorized by law and upon request by City, Contractor agrees to permit the City to install automated license plate readers (ALPRs) on Contractor's street sweeping vehicles to enable the City to conduct parking enforcement activities in accordance with applicable law. The Parties agree that if such installation is requested by City, Contractor shall have no responsibility for the operation of such devices or any parking enforcement activities associated with such devices. Exhibit G-5 Draft 2-2-2022 EXHIBIT G —1 [Athens to insert street sweeping map and hours of performance] Exhibit G-6 Draft 2-2-2022 38, NSZ��,, P-R--O-po. --------------- 111112 y_.. '.ate j. •t y !n - Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy CALIFORNIA'S SHORT-LIVED CLIMATE POLLUTANT REDUCTION STRATEGY What You Need To Known What is SB 1383? SB 1383 was adopted by the California Legislature in 2016 and establishes statewide targets to reduce emissions of short-lived climate pollutants (SLCP) such as methane gas. California's Department of Resources Recycling and Recovery (CalRecycle), a California Environmental Protection Agency department, is the lead agency responsible for implementation. Organic waste such as excess food, yard trimmings, paper, and cardboard make up half of what Californians dump in landfills. When these materials break down, they emit powerful greenhouse gases and pollutants, including methane. SB 1383 is intended to reduce these short- lived climate pollutants. How Will SB 1383 Impact My City? This unfunded mandate will impact everyone in the State of California. The law mandates new recycling programs, additional outreach and education, ongoing contamination monitoring, enhanced reporting and data management, and may require a change to your waste collection program. Jurisdiction responsibilities also include: • Evaluating your City's readiness and capacity to implement SB 1383, including organics collection, recycling and edible food recovery capacity. • Providing organic waste collection to all residents and businesses, which means providing service automatically and not relying on the generator to subscribe. • Monitor waste stream contamination levels and issue violations to residents and businesses who continue to contaminate. • Establish edible food recovery program that recovers edible food from the waste stream. • Conducting outreach and education to all impacted parties, including generators and edible food recovery organizations. Procuring recycled organic waste products like compost, mulch, renewable natural gas (RNG), and electricity. Inspecting and enforce compliance with SB 1383, including assessing penalties to non -compliant generators. • Maintaining accurate and timely records of SB 1383 compliance. How Will SB 1383 Impact Ratepayers? Organic waste includes green waste, food waste, and food soiled paper. Organic material collected will need to be transported to a processing facility for composting. Residential ratepayers will be required to subscribe to organics recycling service. All businesses will need to subscribe to organics service. Large food waste generators will be required to recover edible food from their waste stream for donation to participating food recovery organizations How will SB 1383 Be Enforced? Jurisdictions are required to monitor contamination and impose penalties from $50 up to $500 for those waste generators that are not properly recycling organic waste. CalRecycle can issue penalties to jurisdictions, up to $10,000 per day, for failure to comply. Why is a Food Recovery Program Required under SB 1383? Californians send 11.2 billion pounds of food to landfills each year, some of which was still fresh enough to have been recovered to feed people in need. While billions of meals go to waste, millions of Californians don't have enough to eat. To reduce edible food waste and address food insecurity, surplus food still safe for consumption will instead go to food banks, soup kitchens, and other food recovery organizations to help feed Californians in need. Athens Services SB 1383 IMPLEMENTATION TIMELINE January 1, 2020 Reduce the statewide disposal of organic waste by 50%from the 2014 level (target: 11.5 million tons) January 1, 2024 May require local jurisdictions to impose penalties for noncompliance on generators. Food Recovery for Tier 2 businesses. January 2, 2025 Recover 20% of currently disposed edible food for human consumption. September 2016 Governor Edmund (Jerry) Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short- lived climate pollutants January 1, 2022 Regulations take effect and are enforceable. Food Recovery for Tier 1 Businesses. January 1, 2025 Reduce the statewide disposal of organic waste by 75%from the 2014 level (target: 5.7 million tons) Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy ABOUT ATHENS SERVICES // The Athens Way CuLture After more than 60 years, Athens Services remains a family -owned and operated company built on an unwavering commitment to service, its employees, and to the environment. At the core of its success is The Athens Way, a business philosophy that underscores a company culture which: • Emphasizes superior customer service • Hire and develop great people while promoting workplace safety • Fosters environmental stewardship through the use of clean technology to increase recycling and landfill diversion Founded by Jack Arakelian in 1957 as a trash hauling company with just two trucks, today Athens Services is the largest privately held environmental services company in Southern California. With more than a quarter of a million customers in 50 cities and county areas, a fleet of nearly 1,000 vehicles, and a portfolio of facilities that includes three state -of -the art materials recovery facilities and a composting facility, Athens Services' future is as bright as its storied past. SERVICE I PEOPLE I ENVIRONMENT TABLE OF CONTENTS // 0- 2 3 5 m WASTE STREAM ANALYSIS OUTREACH & EDUCATION CONTAMINATION MONITORING: ROUTE AUDITS DATA MANAGEMENT & REPORTING SUPPORT PROCUREMENTSUPPORT FOOD RECOVERY SUPPORT ATHENS'FACILITIES �� Athens Services Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy El 1. WASTE STREAM ANALYSIS // Compliance SB 1383, California's Short -Lived Climate Pollutant Reduction Strategy, will drive numerous changes across the state. The shift from a residential green waste collection program to an organics collection program, where food waste and food soiled paper are commingled in the green waste container, and transported to a composting facility, will be one of the larger, more noticeable changes for your constituents. Over the past several months, Athens has been analyzing your current waste stream and conducting waste characterizations of all of the residential refuse/mixed waste loads in your City. These characterizations have provided us with the understanding of how much organic material is currently in those streams, so we can establish a baseline and goals for ensuring that material gets placed in the organics container. These characterizations are instrumental in determining how much outreach and education will need to be conducted to help drive customer behavior to minimize contamination. Each of the residential routes in your City were evaluated, and the results from those waste characterizations are available upon request. For a more detailed explanation on the methodology used for our waste characterizations, please refer to Appendix A. Also included in Appendix A for your reference, is a detailed description of the acceptable materials that will be allowed in the organics, recycle and refuse containers. Learn more about how Athens does waste characterizations for the City of Los Angeles recycLA program. Athens Services 2. OUTREACH & EDUCATION // Effective, results -driven approach to education In order to comply with SB 1383, Athens will need to enhance the existing outreach and education program in your City. This is a crucial step to help drive the change in customer behavior. Similar to the outreach that is provided under AB 1826, which targets specific customers based on the amount of waste generated, outreach under SB 1383 will be applicable to all customers. Athens will be providing additional team members in your City to help with these efforts. The Athens outreach program will include in -person, print and electronic outreach in your City. Athens will also track, record, manage and store the data gathered from these outreach efforts, to assist the City in reporting back to CalRecycle. The Athens outreach team will also provide support to the City through assessing and verifying the circumstances of businesses that may qualify for a waiver. Jurisdictions are required to establish a waiver program and has final authority on approving waivers for service. Athens will verify, through our outreach team, whether a customer qualifies for a De Minimis, Physical Space, or Collection Frequency Waiver. Athens is unable to issue the final determination, as SB 1383 places that responsibility on the jurisdiction, but we can provide the work needed to help the City with that process. For a more comprehensive description on our overall outreach approach, please see Appendix B. Ie19:1A► .'1[Illji111A ;E1111.1"T; :Ill)I �,14AN:14 a to] 11 &N In -person • Presentations & Aiij Training L® . Waste Assessments • Community Events & Meetings Digital/eletronic L' L.� • Interactive Recycling Website (Recycl ist) • Instructional Videos • Social Media Print ,�j_® • Signage �: • Container Labeling • Newsletter Articles Lucas Arias, Recycling Coordinator Athens Team Member Since 2019 Athens Outreach Team 2018 Tabling Event Angie Park, Organics Recycling Coordinator Athens Team Member Since 2017 Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy 3. CONTAMINATION MONITORING: ROUTE AUDITS // Route auditors SIB 1383 mandates regular monitoring of the collection routes, to observe and track contamination in the waste stream. The law provides two options for monitoring: (1) periodic waste characterizations at the processing facility; (2) periodic reviews and audits of the collection routes. Athens has determined the most cost effective approach for compliance with this part of the mandate is by conducting ongoing route reviews. Athens will provide quarterly route reviews for commercial and residential sectors, to monitor contamination. We will conduct these audits by performing a hands-on visual check, and will document our findings and capture photos of the containers being audited. This information will be housed in our database, and will be available for the City to review as needed. See more about Athens' route audit process and contamination monitoring in Appendix C. ROUTE AUDIT PROCESS: Athens Services 4. DATA MANAGEMENT & REPORTING SUPPORT // Dedicated reporting team to oversee data management of recycling efforts SB 1383 requires jurisdictions to monitor contamination, issue notices of violations and report this information to CalRecycle. Athens can provide support with this through our enhanced reporting process. Athens has developed the infrastructure needed to capture the data required under SB 1383. This includes all the information gathered through our outreach efforts, which includes data such as backhaul/selfhaul programs, waiver information, and container and waste stream photographs. In addition, the data gathered for contamination monitoring through our proposed route reviews will also be tracked by Athens. This will eliminate the need for your City to have to manage and store this data. This data will be available, as needed, to the City for reporting and compliance purposes. As part of the outreach, monitoring and reporting the Athens team will be providing, we will have adequate data to support the City with enforcement actions administered. For more information on how Athens can support with data management and reporting, please refer to Appendix D. 44, Athens Services S81383 Audit (POC) 2,099 960 16 1.67 Total Population Total Audited Total contaminated contaminated % P to Emed111 '..P. mVM Le K111uo w EawPmnx ay Mr>uMclllt wuk auw l fullaJJ,m YK "'t e�,ira. .-, EO FILUD eoMaMlNanoNA rr, eor CUW �Fulrv,i - _- _ ro anevazr NO W xwl �.... rz n H2O'UE ta lma9oz]EVWIwa W Null I T 1I /Y lVY1Edld VPKR UK UUVINA WNIAMINAI IUN VIII UKh. I]F ]VA NA 2 Ca91]24 N954jpg EUeFA�Imge:/evwlEx. vFS W 'Al I lvNn[V[ a@IUVI.1 wrvlgMlxalUry NLm.E AX IWn N., green 2 ssn t5% 144- IONaT IAN_Ima� (Wgll]15 CVW]1]1SCONTPMINAMIN ]S% 1W1 PlaxKmrsh ox n A c""]u CN VInL1so1"y" nx I n nasxcaxla -io:un iax_I I CVJIU9815 AVECOVINiG cVOW391£coN.1NAMIN U1% SL% PlazK antl rmahosc. iM1u 91R2 >ICNNc1 1.11 ]W FYENBUW n MINAMON Fld,r No W NO25%1 NLi55Y1 cv,,IiS menNi 75x IM, T,— VICNRE.l51d32.11ry Contamination _ n�eY M1rt]O Wed per Route Ildx Participation Map le a _ U S Eamw Xx/ EN,w!N.ry ln„!w,. Ilmmx W IAE% EEiono9aMv GaXCOa4 w. glary 11R i3 Nnndp 190.9094 p FCMmBIN MCOIIr� ,�!aa, O r tlresd.> m .OV. Em•.�N E� • C P"�t. usx wQa —1mx we-1.1 C zo JO W 1W 1zo laC Oz %A. 9 aim �nl o2oz1M eo. Er sb Audit report from a similar City. Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy 5. PROCUREMENT SUPPORT // Procurement SIB 1383 requires jurisdictions to procure recycled organic products on an annual basis. CalRecycle has developed a calculator to help jurisdictions determine how much material would need to be procured. Athens will help your City comply with this requirement through the use of renewable natural gas (RING) utilized in our collection vehicles and through the compost produced at American Organics. Over the years, Athens has invested in significant RING and composting infrastructure in preparation for upcoming regulations. This has prepared us to help your City meet procurement needs through RING and compost. Please refer to Appendix E for additional details on how Athens can support your City's Procurement requirements. I Athens Services 6. FOOD RECOVERY SUPPORT // Educating Food Generators on SB 1383 In addition to the reduction of organics disposal, SB 1383 establishes an additional target that no less than 20% of currently disposed edible food is recovered for human consumption by 2025. Food service establishments will be required to work with a food recovery organization. Starting in 2022, Tier 1 edible food generators must arrange to recover the maximum amount of their edible food that would otherwise go to landfills and they must maintain food donation records. As a waste hauler, Athens scope of work is typically focused on the "back of house" operations, where the waste gets placed into the containers we haul. Food recovery activities take place prior to the material coming to the "back of house", or to the enclosure. However, Athens is able to provide support with the City's food recovery program by providing the outreach needed for food generators subject to this requirement. Athens will work with food generators, as part of the site visits and outreach we provide, to inform and advise customers how they can develop a food recovery program. Athens will also work with the City to help identify Tier 1 and Tier 2 customers as well as identify potential food recovery partners. A full description of how Athens can provide food recovery support to your City is included in Appendix F. Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy 7. ATHENS' FACILITIES // Utilizing Innovative Technology Athens has built the most advanced sustainable green waste and organics composting facility in the region. American Organics processes more organic waste in a shorter period while producing the highest quality, certified -organic, contaminant -free compost. We do this better than any other facility in Southern California. Additionally, this facility reduces thousands of metric tons of greenhouse gases (GHGs) annually by diverting organic waste from landfills. The compost produced at American Organics benefits Southern California by diverting organic waste and reducing GHGs. Athens has invested hundreds of millions of dollars in building and improving materials recovery facilities (MRFs) to help municipalities meet diversion goals and prepare for future recycling regulations. Our Sun Valley MRF is renowned for its innovative technology, impeccable safety record, and green building certification. A short distance away, Athens is expanding and enclosing Crown Recycling, one of the most comprehensive MRFs in the area. Upon completion, the $50 million renovation will increase facility capacity to 6,700 tons per day (TPD) of organic material, construction and demolition, and mixed solid waste. Our Valley MRF, located in the City of Industry, sorts up to 3,000 TPD. This facility was the first Athens MRF constructed, and has continued to be on the cutting edge of innovation, helping Athens adapt to new mandates like SB 1383. In collaboration with Komar Industries, Athens recently developed the Organic Separation Press (OSP). The OSP is the first system of its kind to recover organic liquid from waste for reuse. Using a large auger screw, the OSP presses waste to separate nutrient -right organic liquid. The liquid is harvested and transported to a wastewater treatment facility to be converted into renewable natural gas. All of the Athens facilities are prepared to meet the requirements of SB 1383. This includes, but is not limited to, RDRS reporting, data management, contamination monitoring, load checks and safety practices as outlined in the final regulations published November 2020. Athens Services APPENDIX A Waste Stream Analysis To analyze and better understand the composition of your City's refuse/mixed waste stream, Athens conducted waste characterizations of your residential routes. Under current law, it is acceptable to place food waste in the trash. Under SB 1383, food waste needs to be removed from the trash bin and placed in the organics container. These recent waste characterizations helped Athens identify how much organics (food waste and green waste) is currently in your trash stream. Approximately 200-400 pounds of material were sampled from each load. From that sampling, the Athens team worked to identify the various organics commodities within that load. Each commodity type was identified, labeled and photographed. The team was able to quantify, how much of each of the organic commodities were in the load sample. This process takes roughly 3-4 hours per load sample. This ensures that we are accurately able to identify and categorize materials. Below is an image that illustrate this process. The characterizations are designed to identify the volume of organics placed in this stream. The results are used to identify a benchmark and establish goals for implementing a residential organics recycling program in your City. Based on the established goals, we can determine resources needed to be put forth for education and outreach to transition organics into the green waste container program. Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy APPENDIX A Waste Stream Acceptable Materials Athens will provide compliance for your City by collecting residential green waste, food waste and food soiled paper in the organics (green) container. Acceptable materials for the recycle (blue) and trash (black) barrel will be communicated to our customers through our outreach program. Below is a listing of acceptable materials for each of these waste streams. Green Container Acceptable Items Green Waste • Grass clippings • Flower & hedge trimmings • Leaves & branches • Lumber, scrap wood, & plywood types (not painted or treated) • Weeds Food Scraps (Any putrescible matter produced from human or animal food production, preparation, & consumption activities. No produce stickers.) • Bread, rice, & pasta • Cheese & dairy • Coffee filters • Flowers & herbs • Fruits & vegetables • Meat, bones, poultry, seafood, & soft shells (e.g. lobster, crab, & shrimp) Food -Soiled Paper (All items must be 100% plant -fiber based with NO petroleum, wax, or bio-plastic coating, liner, or laminate. Must be soiled ONLY with food and/or drink liquids. *No bathroom tissue, toilet paper, or feminine products.) • 100%fiber based, compostable to -go containers & serving -ware • Egg cartons (paper) • Food -stained paper • Paper napkins & kitchen towels* • Paper food boats • Paper packaging • Paper plates & cups • Pizza boxes Non -Acceptable Organics (Please place in the trash.) • Rags, clothing, or other cloth/textiles ("plant -fiber" means paper, not textiles.) • Bio-solids or bathroom waste, including tissues or bathroom paper towels. • Disposable diapers • Pet waste • Tea bags and tea bag wrappers • Lint • Hard shells (e.g. clams, mussels, & oysters) • Cacti, succulents, and palm fronds *Athens does not accept paper towels and/or napkins used to clean surfaces due to the use of nonfood related chemicals and potential toxins. Athens Services Black Container Acceptable Items Acceptable materials in the black container include: • Disposable diapers • Empty aerosol cans • Pet Waste • Unusable clothing & fabric • Tea bags and tea bag wrappers • Lint • Hard shells • All foam • Garden hoses & plastic tarps • Bubble wrap • Latex and plastic gloves • Empty motor oil • All receipts • Bathroom & facial tissues • Gift wrap with plastic or metal • Hardback books • Laminated or plastic coated paper • Padded or Tyvek-type envelopes • Photographs • Candy & protein bar wrappers • Chip bags • Disposable coffee cups & lids • Juice and food pouches • Bags with a mix of metal & plastic Blue Container Acceptable Items Acceptable materials in the blue container include: • Paper products not included in the organics stream • Printing and writing paper • Commingled recyclables such as aluminum/tin foil and trays (clean) • Aseptic containers, juice boxes and milk cartons • Cans (aluminum, bi-metal, and tin) • Cardboard • Envelopes • Glass bottles and jars • Junk mail; magazines • All metal • Newspaper • Office paper • Paperback books • Paper grocery bags • Clean plastic bags, film plastic (grocery, dry cleaning) • Plastic containers (1-7) • Shredded paper (bagged) • Wrapping paper (with no metal) Container Colorization FOAM JIM 14 I W A Athens will work with your City to determine the best approach to phase in new, SB 1383 compliant containers. Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy APPENDIX B Outreach and Education Athens Services currently provides outreach and education for customers subject to AB 341, AB 1826 and AB 827. SB 1383 will have an impact on all customers, and much effort is needed to help customers with this transition. Athens Services can provided enhanced outreach and education efforts to help the City comply with SB 1383. Outreach will be provided through print, in -person and electronic communication on an annual basis. Outreach materials will be translated into the appropriate languages spoken in your community. Athens will also keep copies of all outreach provided and will track and document which customers received the outreach. This includes tracking all social media activity. Content that will be communicated to customers include: 1. How to properly sort waste 2. How to prevent organic waste generation 3. Methane reduction benefits 4. Public health and safety & environmental impacts 5. Edible Food Recovery 6. Self -haul requirements (if applicable) Below is a summary of the Athens outreach plan for your City. Recycling Coordinators Athens' Recycling Coordinators (RC's) are trained recycling exports with a niche for conducting outreach and education. Recycling Coordinators will lead the outreach efforts in your City by utilizing a variety of tools to engage with customers. Whether in -person or virtually, recycling coordinators will ensure the community has the right resources for a successful recycling and organics program. RC's will provide site visits to all commercial and multifamily customers and conduct waste assessments, which will include: • Comprehensive waste audit • Detailed waste management and recycling strategies • Customer personnel training • Effective signage, location placement, and maintenance suggestions • Container types, sizes, and pick-up frequency recommendations Many customers cannot be onsite or do not feel comfortable participating in onsite assessments, given concerns that have arisen due to COVID-19. Our RC team can conduct virtual waste assessments where we engage the customer over the phone or through a Zoom meeting to go through the site visit's details and our findings. We ask the customer several questions about their business or multifamily site, gather and document this information for future use, and make recommendations on service levels. Athens Services We also have the ability to video record our onsite waste assessments for clients, when necessary. The video will include suggestions and be available to the appropriate parties. We will also follow up with additional input and resources. The RC and client can review the video together or separately. This approach is essential for our multifamily accounts, which might have out-of-state managers or have COVID-19 (or other health concerns) limitations. As part of our customer visits, customers will receive recycling signage and training on additional resources. Athens' recycling resources are available on www.athensservices.com/outreach/for download, promoted via social media, distributed with e-mail blasts or mailed based on the customer's preferred method of contact. Outreach & Education App Athens has developed an Outreach and Education application "App" to help track customer interactions. The application was designed specifically for use in the field by Recycling Coordinators. The app collects customer information, along with additional vital information pertaining to the waste and recycling program. We will use the data to target specific customers for outreach on recycling, organics, contamination, and edible food recovery. Data Collected by the Outreach and Education App • Contact information, service and billing address, service levels, and routing information • Date and Time of trainings • GPS link to service and bin location • Photos of bin locations, enclosures, and inside the containers. • Container information, including lock lids, custom bin sizes, and measurements • Site information, including any safety hazards, gate codes, or special access instructions. • Customer implementation of recycling and organics signage and interior containers for employee, tenant, and customer use. • Reasons why customer refused outreach material or services offered. • Contamination training, including participants and pictures • Types of material in waste stream the customer throws away and estimated volumes. • Customer's interest and previous attendance in recycling and organics training • AB 1826 and SB 1383 compliance questions, including if they have any implementation issues, refuse service, and if they are or should be participating in edible food recovery. The data collected can be utilized for regulatory compliance of a multiple recycling mandates. Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy Print & Electronic Tools Our marketing team has perfected digital marketing for community engagement. Today, Athens' social media averages an industry -leading 17%follower engagement. This figure is not only higher than the industry average but also higher than the national average. We will utilize this high engagement to connect with the community and other prominent organizations to convey important dates and service information. Athens is currently active on the following platforms: O Instagram Blm Linkedln W Twitter 91 Facebook N6e YouTube While we prioritize digital marketing to minimize paper consumption, we realize that some customers prefer mailers and handouts. Therefore, our marketing team will also develop community hard copy collateral to help educate your residents and businesses. Athens will provide quarterly newsletters to both residential and multifamily customers by mail in their bill or electronically. Newsletter content will include service notifications and tips on proper sorting and usage. These newsletters will contain legislative information, as well as general information about the City's overall waste and recycling program, including food recovery programs. Athens will continue to distribute our annual legislative brochure as a billing insert, by mail or electronically. Athens has developed video content containing various waste and recycling training topics, and we continue to grow our content library. These videos will be available to all customers to help further provide support as needed. Interactive Ultimate Recycling Guide Athens' "What Goes Where Guide" is your interactive zero -waste guide for correctly reusing, recycling, and composting unwanted items. In collaboration with Recyclist, Athens has developed this innovative guide to help customers and communities identify the proper stream for more than 350 materials types. The interactive zero -waste guide provides: • User friendly and promotes recycling • Fully customizable and tailored to City needs • Illustrate tips on reusing, reducing, and recycling of 300+ everyday items • Educational content about disposal options, safe handling, and alternative recycling options • Local information about drop-off and collection programs • Work seamlessly across devices with no download required • Provide mobile -friendly information with SEO (Search Engine Optimization) • Allow users to stay up-to-date with accurate information • Update easily and quickly given editorially supported services • Quantify utilization and traffic with Google Analytics What Goes Where j A — Alt "—�'ir ■e ♦ i; a: Athens Services APPENDIX C Contamination Monitoring: Route Audits SB 1383 places the responsibility of contamination monitoring on the jurisdictions. Athens is able to help with this requirement by providing quarterly route reviews of organic collection routes. Reviews are conducted to monitor contamination levels in waste stream. Athens has a trained team of professional auditors dedicated to route reviews. Athens recently developed new technology that enhances the process. Route Review Process On a quarterly basis, the Athens will audit approximately 20% sampling of organic routes, both residential and commercial. A residential route has approximately 1,000 customers per day, therefore we will target a sampling of roughly 200 customers per day per route. Commercial organics routes have roughly 130 stops per day. There we will target approximately 30 customers per route per day. Route Review App Route reviews are completed utilizing a custom app to help with this process. The app is similar to the Outreach and Education app. The Route Review app enables our auditor team to track customers volumes and contamination levels. The app guides auditors through a series of questions. The app also has the ability for our team to upload photos of audited locations and containers, which will be made available to the City for CalRecycle reporting purposes. Below is a screen shot of the route review app: Athens Services: SIB 1383 Short -Lived Climate Pollutant Reduction Strategy Route Review Dashboard In addition to the Route Review app, Athens has developed a user friendly dashboard that summarizes and populates the data collected from the route reviews. This dashboard contains information on the total number of customers audited, total number of containers contaminated, the contamination percent, as well as a map of the areas audited. This dashboard will be made available to the City, for regular monitoring. Athens will store and manage this data on behalf of the City and provide the data needed for the City to submit to CalRecycle for required reporting. 1112111-11, Athens Services SB1383 Audit (POC) 2,059 960 16 1.67 Total Population Total Audited Total Contaminated Contaminated % Pane S6dule Mrc�:pet e..v�ry • _ _ _ _ [O/LL:o •.t Ep. vm�..i Cir <„e..n Ce...e C. 4 ul AJ.e X,,E kcai nl�u�u EQ f111ED%<OMGMINA_nON%J'}e Or _ WeGn Y O o .i %I eBI H]3. PO rvvil ION PIC lvyW M 1UNINMPIION YItIVRE /YA ]V% Null EVE ION YES W 75% 1 PItsmz. CVKtup[C1 CUVIN4xuECON .IgMmFuury Wuuxk. ee% tW'% Nw grcm bexn I WINAI PN Si CVf/JD1il5L4MAM1NeigN 15% 1. PlasK mM CVaM1i15 Gw INA EA Ynzz plcrvnG4]RSpg 7sz nazNu¢Iw row.mwx_Imy�/ IW5 tI I AVE CONNA CA CV0 . I.CON,AM1.WnON iS% 1. Plash ana CMhoma ihu ry No III N,U 1 1 917)2 %[NRC162E56jp, IONA AN Ii� PO E 1 E,IeaY NO W N,A11 i v. f VI« . 11IK1f4NT4MIN4n4N IMY i 711 ... FNAf1AY Contamination Rrt 7R w r per Route 1ze% Participation Map U a Ism ., • Ea,on w.r EnmwxM' EE FMevdry Id2% g EL'wno9^ew [Fehr Ono Its ' ' ' NI IOPOB% 3 ECmwBtN ..1111 OPY r ME neWaY E[ryrtvx 5l E e� P • usz T _ wn.ary t� y wpneales�t V `— �e� m rynm.v ew IKE 3 ea DR ... 0, o 1 4,%EII— & weJj Notice of Violation The information gathered from the quarterly route reviews will help Athens' Outreach Team target outreach efforts to minimize contamination, and will provide the backup validation to issue violation notices as required under SB 1383. This notice will be issued on behalf of the City to the generator who is contaminating the waste stream. It will include information regarding the contamination and will include photographic evidence of the violation. Notices will be emailed or mailed based on the customer's preference. Athens Services APPENDIX D Data Management & Reporting Athens Services utilizes its Soft -Pak customer database to monitor and report activity. Utilizing customized tracking codes specific to your City, Athens will monitor outreach and education and incidents of contamination. Using Athens' fully customized recycling coordinator mobile app, and route review app, Athens can quickly and accurately report site visits, waste assessments, and service level adjustments in our Soft -Pak database. Container Contamination Reporting: SB 1383 requires jurisdictions to provide record keeping for container contamination. Athens will provide the support needed to the City for this requirement. Athens will keep copies of the following, which will be available to the City upon request: 1. A description of the jurisdiction's process for determining the level of container contamination. 2. Documentation of route reviews conducted. 3. Copies of all notices issued to generators with prohibited container contaminants. 4. Documentation of the number of containers where the contents were disposed due to observation of prohibited container contaminants. 5. The number of hauler route reviews conducted. 6. Description of the process for determining the level of contamination. 7. Summary report of non -collection notices and/or contamination processing fee assessment notices issued, which for each notice shall include the date of issuance, customer name, and service address. 8. A record of each inspection and contamination incident, which shall include, at a minimum: • Name of the Customer • Address of the Customer • The date the contaminated Container was observed • The staff who conducted the inspection • The total number of violations found and a description of what action was taken for each • Copies of all notices, and enforcement orders issued or taken against generators with prohibited container contaminants • Any photographic documentation or supporting evidence 9. Documentation of the total number of containers disposed of due to observation of prohibited container contaminants. 10. A list of all customers assessed contamination processing fees reported separately by residential, multi- family, and commercial premises customers and including the customer name, customer address, and reason for the assessment of the contamination processing fee, and the total number of instances contamination processing fees were assessed in the month and the total amount of fees collected in the month. Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy Complaint Reporting Athens will maintain a record of all SB 1383 non-compliance complaints and responses to track the following information: 1. Total number of complaints received and total number of complaints investigated. 2. Copies of documentation recorded for each complaint received, which shall at a minimum include the following information: • The complaint as received • The name and contact information of the complainant, if the complaint is not submitted anonymously • The identity of the alleged violator, if known • A description of the alleged violation; including location(s) and all other relevant facts known to the complainant • Any relevant photographic or documentary evidence submitted to support the allegations in the complaint 3. Copies of all investigation reports, which shall include at a minimum: • The complaint as received • The date Athens investigated the complaint • Documentation of the findings of the investigation • Any photographic or other evidence collected during the investigation • Athen's recommendation to the City on whether or not the entity investigated is in violation of SB 1383 based on the investigation Generator Waivers Athens will provide a report that documents each generator waiver request. This report will identify the generator name and service address, the type of waiver requested, and the status of the waiver (accepted, denied, pending). Outreach Reporting 1. A copy of all education and outreach materials provided to generators, but not limited to: flyers, brochures, newsletters, invoice messaging/billing inserts, and website and social media postings. 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. Athens will maintain a record of the date, a copy of the any mass distribution mailings or billing inserts, and the type and number of accounts that received the information. 5. A copy of electronic media, including the dates posted of: social media posts, email communications, or other electronic messages. Athens Services APPENDIX D (cont.) Data Management & Reporting 6. Records of all technical assistance efforts conducted, including: • The name and address of the customer/generator receiving technical assistance, and account number, if applicable. • The date of any technical assistance conducted and the type of technical assistance, including, but not limited to: site visits, waste assessments, compliance assessments, direct outreach, workshops, meetings, events, and follow-up communications. • A copy of any written or electronic educational materials distributed during the technical assistance process. 7. A copy of all special event reports submitted to the City in accordance with Section 4.4.6 of the Agreement. Food Recovery Program Support 1. The total number of generators classified as Tier land Tier 2 commercial edible food generators located within the City. 2. The number of food recovery services and food recovery organizations located and operating within the City. 3. The number of generators participating in the edible food recovery program. Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy APPENDIX E Procurement Support Commencing January 1, 2022, a jurisdiction shall annually procure a quantity of recovered organic waste products that meets or exceeds its current annual recovered organic waste product procurement target as determined by CalRecycle's procurement calculation. Athens has confirmed it can assist your City in meeting the procurement requirements through the renewable natural gas utilized in our collection vehicles and through providing compost to your City. Renewable Natural Gas Athens has eliminated 10,549 metric tons of climate -altering greenhouse gas emissions since 2012, which is the equivalent of: • 26,176,000 miles driven by an average passenger vehicle • 1,700 Homes Powered by electricity for one year • 1,187,000 Gallons of gasoline consumed Investing in Clean Technology and Renewable Fuels Our collection fleet is currently over 90% natural gas vehicles (NGVs) — the cleanest refuse vehicle commercially available. In 2008, we committed to never adding a diesel vehicle to our collection fleet. We are committed to retiring all diesel vehicles and making our entire collection fleet 100% natural gas vehicles by 2023. Renewable Fuels Over four years ago, Athens began investing in renewable natural gas (RNG)—a low carbon, renewable fuel that is made from existing organic waste streams. As of 2019, renewable natural gas now composes 89% of our total natural gas fuel use, which will continue to increase in the coming years. Why Does Athens Use Natural Gas Vehicles? • Reduce Emissions: The newest natural gas engines produce 90% fewer NOx emissions than the EPA's current heavy-duty emission standard. • Minimize Maintenance: NGVs have no messy Diesel Particulate Filter (DPF) regeneration or waste and have no diesel exhaust fluid. • Quieter in Communities: NGVs have engines 10 decibels quieter than their diesel equivalent, reducing noise pollution in neighborhoods. • Minimal Downtime: NGVs can run 600+ miles of daily operation without compromise. • Safer for Residents and Drivers: When compared to traditional diesel vehicles, natural gas vehicles provide a safer experience for drivers and residents by eliminating exposure to diesel fumes and odor. • Utilize Locally Produced Fuel: NGVs, when fueled with RNG, utilize a renewable fuel produced in -state. Athens Services What is Renewable Natural Gas? Renewable natural gas (RNG) is a renewable fuel made by harnessing methane emitted by organic waste. The methane can be harnessed from food and green waste, wastewater treatment plants, landfills, dairy farms, and forest management. The methane is captured, cleaned, and injected into the existing natural gas pipeline so that it can be transmitted and stored anywhere in the state. Once processed, RNG is a drop -in replacement for conventional natural gas and can be used to fuel natural gas vehicles. T »> II■all »> »> R Distribution Network 9ND station O O RNG Production & Distribution M 0 1 " C(( (4s Wast~W tar 41494 m BloeHtanatlon O Dalry Landfill Agriculture Composting Athens recently invested in a multi -million dollar redevelopment effort of our American Organics facility in preparation of the upcoming SB 1383 mandate. To read more about our facility and how it operates, please refer to the attached article https://athensservices.com/wp-content/uploads/2020/08/CASP-White-Paper- Final.pdf. American Organics American Organics is another facility in the Athens family that is on the cutting edge of tech innovation. Located in Victorville, the site recently completed major renovations at the 700 tons per day facility, with the ability to divert 85% of organic material. The redesigned facility was converted from a traditional windrow, outdoor windrow composting system to a Covered Aerated Static Pile (CASP) system. The renovation included a 22,000-square-foot, covered processing center that will process 50 tons per hour on a fully automated processing line. American Organics material is Certified Organic by CDFA. It is OMRI certified, ensuring that both Organic and Conventional operations can utilize it, and thus our material is available to 100% of users within the category. We are a member of the United States Compost Council and maintain certification using their authorized third - party laboratory for analytical testing or labs. These labs are a critical tool for product evaluation and quality. Athens Services: SB 1383 Short -Lived Climate Pollutant Reduction Strategy APPENDIX F Food Recovery Support Athens can provide support to the City with their Food Recovery program. Below is a summary on how Athens can partner. No later than January 1, 2022, Athens will identify all commercial customers that meet the definition of Tier 1 and Tier 2 Commercial Edible Food Generators and provide a list of these customers to the City, which shall include: • Customer name • Service address • Contact information • Tier One or Tier Two classification • Type of business (as it relates to the Tier One and Tier Two Commercial Edible Food Generator definitions). Athens will work with the City to help identify food recovery partners that can provide support to Tier 1 and Tier 2 customers. The list of qualified food recovery partners will be placed on the Athens food donation webpage, for customers to access. You can view this information at www.athensservices.com/fooddonation/. At least annually, Athens provide Commercial Edible Food Generators with the following information: • Information about the City's Edible Food Recovery program • Information about the Commercial Edible Food Generator requirements • Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found • Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste Athens will also provide the education information required by SB 1383 by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to commercial businesses. An example of our food recovery outreach material is included below: rrr�r � 'i. Mp'Mflel�' r�( }TTfTTIT •csN,71 � .: �Q B MILLION wm sweomlMhW aemmrmiM r., mne. n..eMuufmvurvuausnex Athens Services SERVICE I PEOPLE I ENVIRONMENT