Item 18AGENDA ITEM NO. 18
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: June 21, 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
It is recommended that the City Council take the following actions:
1. Authorize the City Manager to execute a professional services agreement, in a form approved by the City Attorney, with the San Gabriel Valley Council of
Governments for participation in the San Gabriel Regional Food Recovery Program; or
2.a. 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, incorporating the updated terms relating to beautification
services as detailed below; and
2.1b. Approve, by a majority vote of the entire City Council, dispensing with formal bidding procedures and requirements in connection with the procurement of bus
shelter maintenance and gmffiti 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. Direct the City Manager to continue negotiations with Arakelian Enterprises, Inc. DBA Athens Services to implement SB 1383.
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 stone 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 agreement with Amkelian Enterprises, Inc. dba Athens Services ("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. The agreement between West Covina and Athens Services 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 Athens Services in 1992. That agreement contained a clause that annually extended the agreement's duration by one year,
thereby ensuring it maintained an ongoing service period of eight years (resulting in what is known as an evergreen period). In other words, in 1997 the expiration date
for the agreement 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
agreement, which extended its evergreen period from eight to 12 years. In October 2012, the City Council approved Amendment No. 9 to the agreement, which
extended the evergreen period to 25 years. In exchange for the extension of the evergreen period, Athens Services 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 Council approved other amendments to the franchise
agreement that pertained to rate adjustments but did not modify the length of the contract.
In November 2016, the City Council approved an Amendment No. 10 to the franchise agreement for a series of rate increases to customers for waste collection
services. That amendment also provided for a one-time payment of $650,000 to the City and increased the annual recurring payments from Athens Services to
$300,000, but stipulated that the City's notification of contract termination would void that payment clause. Finally, the City approved Amendment No. 11 to the
franchise agreement in October 2018, which included a clause preventing the City from exercising its annual option to terminate the agreement 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.
In February 2022, a proposed amendment to the contract was presented to City Council. After discussion, the item was tabled. Staff continued negotiations.
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.
Athens
By negotiating with Athens Services, West Covina seeks to maximize its long -tens 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 law. 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.
Following the February 15, 2022 meeting, Staff continued to negotiate the agreement with Athens Services. Based on those negotiations, the City has two
options with Athens Services:
Option 1 -Amended and Restated Agreement Incorporatina SB 1383 Implementation and Beautification Services
Under the terms of the draft agreement with Athens Services (Attachment No. 1), the standard residential service rate would initially increase by
approximately $3.63 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.
In addition to SB 1383 implementation services, the most recent contract negotiations included the following deal points:
• Athens will provide the City with an annual City Improvement Fee, totaling $1,200,000, for the City's use to keep public spaces throughout the City safe
and clean. The City anticipates using such funds for services such as street sweeping, storm drain cleaning and landscaping services.
• Athens will provide at least 100 hours per week of graffiti removal services
• Athens will provide bus shelter cleaning and maintenance to all City bus stops and shelters on a quarterly basis
• In exchange for the City Improvement Fee and additional services, the City would agree to a three-year extension to the no -trigger clause of the
agreement. This means the City would not be able to provide notice of intent to terminate the agreement prior to August 2027.
SB 1383 and NPDES compliance are the impetus of the proposed changes to the City's refuse and recycling agreement. The draft agreement represents a
modification of the existing waste collection franchise agreement with Athens Services. It integrates the original agreement and all 11 amendments into a single
document. It also incorporates the deal points outlined above.
Option 2 -Amended and Restated Agreement Implementing SB 1383 Only
If the City Council does not wish to incorporate the City Improvement Fee and beautification services into the agreement with Athens Services, the City
may enter into an amended and restated agreement to integrate the original agreement and all 11 amendments into a single document and incorporate
provisions relating to implementation of SB 1383. Under this option, the standard residential service rate would initially increase by approximately $7.45 per
month. All other terms of the agreement as agreed upon through prior amendments (i.e., $300,000 annual payment and the ability to provide notice of
intent to terminate in October 2023) would remain in effect.
Below is a chart outlining the key differences between Options 1 and 2 (Attachment No. 4):
Year 1- 9.399% Increase
7.399% CPI +2%
Avg Bill: $38.62 to $42.23
Years 2 & Beyond: Trash CPI + 1%
Year 1-11.399% Increase
7.399% CPI +4%
Avg Bill: $262.60 to $292.51
Years 2 & 3: Trash CPI +3%
Year 4 & Beyond: Trash CPI + 1%
Garbage & Trash, U.S. Average
Trash CPI February 2021-2022 = 4. 1%
10%
$640,000
$1,200,000
+ 3 years (to existing clause)= 5total
Year 1-19.399%Increase
7.399 % CPI + 12%
Avg Bill: $38.62 to $41 75
Years 2 & Beyond: CPI
Year 1-11.399% Increase
7.399% CPI + 4%
Ave Bill: $262.60 to $292.51
Years 2 & 3 Beyond: CPI
All items, L.A. Region
CPI February 2021-2022 = 7.399%
10%
$0
$300,000
+ 5 years = 7 total
Section 2J30(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 bus shelter 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, regardless of which option the Council ultimately selects, 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 bus shelter 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 bus shelter maintenance and graffiti abatement services.
Alternative Option-Consultanl(s)
Request for Proposals
The City of West Covina released a Request for Proposals (RFP) for services to assist the City in implementing the compliance requirements for SB 1383. The
RFP requested three tasks: 1) Development of Implementation Plan; 2) Implementation of Plan; 3) Facilitate Discussions with Trash Hauler. The City received a
total of six proposals. Please see a summary of the proposals below (Attachment No. 5):
Vendor
RColaathom easte
Task 1 Development of
Implementation Plan
Task 2: Implementation of Plan
Task 3 Facilitate Discussions
with Trash Hauler
�
Fee
$91045
Muni Environmental
N4000,
N.#*#
%100"
$94,566
Go22ero
Note
N10401
Not Included
$114.760
MSW Consultants
�
Provide Assistance In
Implementation
$129976
HF&H Consultants Inc
%0001
N0001
%Ole
$224,795
SEMCO
%1040"
Provide Assistance in
Implementation
_ I
�/
Orgy gave
hourly rates
San Gabriel Valley Council of Governments - San Gabriel Valley Reoional Food Recovery Program
In addition, San Gabriel Valley Council of Governments (SGVCOG) is serving as the lead in a Regional Food Recovery Program, in efforts to provide cities with
a regional program to support complying with SB 1383's edible food recovery regulations. The intent was to alleviate cities' staff burden and reduce costs by
participating in the regional endeavor. SGVCOG has hired SCS Engineers (SCS) to manage the San Gabriel Valley Regional Food Recovery Program ("SGV
Food Recovery Program"). Cities within the SGVCOG are able to participate in the SGV Food Recovery Program with a participation cost based on the city.
The SGV Food Recovery Program includes assessing commercial edible food waste generators, identifying and fostering partnerships with local food recovery
organizations, implementing outreach and education, and developing and implementing inspection protocols. Cities can elect the level of participation in the
SGV Food Recovery Program, either capacity assessment and education and/or the enforcement and inspection. Cities that are participating in the entire SGV
Food Recovery Program include; Azusa, Covina, Duarte, Glendora, Irwindale, La Canada Flintridge, Monrovia, Monterey Park, South Pasadena and Temple
City. Alhambra, Pomona and Walnut are only participating in capacity assessment and education.
As the SGV Food Recovery Program commenced in September 2021, West Covina's scope of services will be modified (the City will benefit from the
information materials already developed & we are behind the other participating cities in outreach). SCS Engineering's proposal (Attachment No. 6) for West
Covina's participation will include the following:
• Project Update Meetings
• Food Recovery Organization Capacity Assessment
• Tier 1 & Tier 2 Generator Compliance Assessment
• Outreach & Education (Specific to West Covina)
• 2 workshops for Businesses
• Materials in various languages (English, Spanish, Traditional Chinese)
• Final Report
• Inspections of Tier 1 & Tier 2 & Food Recovery
As the SGVCOG is administering SCS's contract, they charge a 5% administrative fee. The contract would also be for a minimum of three (3) years (pilot
program period). The total for the contract with SGVCOG would be $151,614. Please note participation in the San Gabriel Valley Regional Food Recovery
Program will only address the food recovery regulations of SB 1383. The City would still be required to address the organic waste regulations, and will remain
responsible for record keeping and reporting and issuing inspections for the food recovery regulations.
West Covina was awarded a SB 1383 Local Assistance Grant in the amount of $149,000. Staff is verifying with the City's grant manager if a portion of these
funds can be reallocated and applied towards participation in the SGV Food Recovery Program. The City also has monies available in our Fund 129 AB 939
(funds can be used to address solid waste reduction, recycling, and other solid waste management activities).
LEGAL REVIEW:
The City Attomey s Office will approve the agreements as to form prior to execution.
OPTIONS:
The City Council has the following options:
1. Continue Negotiations with Athens Services & Enter into an Agreement with SGVCOG to participate in the SGV Food Recovery Program
a. Authorize the City Manager to continue to negotiate an agreement with Arakelian Enterprises, Inc. DBA Athens Services to reflect SB 1383
implementation, in such final form as approved by the City Attorney; and/or
b. Authorize the City Manager to execute an agreement with San Gabriel Valley Council of Governments to participate in the San Gabriel Valley Regional
Food Recovery Program, in such final form as approved by the City Attorney; or
2. Approve the Amended and Restated Agreement with Athens Incorporating SB 1383 Implementation and Beautification Services:
a. 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, incorporating the updated terms relating to
beautification services as detailed below; and
b. Approve, by a majority vote of the entire City Council, dispensing with formal bidding procedures and requirements in connection with the procurement of
bus shelter 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. Continue Negotiations with Athens Services to implement SB 1383; or
4. Provide alternative direction.
Prepared by: Stephanie Sikkema, Finance Director
Additional Approval: Pauline Morales, Assistant City Manager
Fiscal Impact
FISCAL IMPACT:
The fiscal impact will be dependent on the direction provided by City Council.
• If the City Council elects to add the beautification services to Athens contract, the City would receive public benefits totaling over $1.8 million annually for City
improvements (may include street sweeping) ($1,200,000), bus shelter cleaning ($90,000), and for graffiti removal services ($550,000).
• If the City Council elects to add SB 1383 services to the Athens contract only, the fee would be passed down to the residents and the City will continue to
receive $300,000 annually.
• If the City Council elects to hire a consultant including the SGVCOG ($151,614), the City would utilize monies in Fund 129 (AB 939) to cover the costs.
Attachments
Attachment No. 1 - Draft Agreement with Athens - SB 1383 Implementation and Beautification Services
Attachment No. 2 - Draft Agreement with Athens - SB 1383 Implementation Only
Attachment No. 3 - Athens - SB 1383 Proposal
Attachment No. 4 - Athens Services Contract Term Comparison
Attachment No. 5 - RFP #11-015 Proposal Summary
Attachment No. 6 - SGVCOG Food Recovery Program Proposal
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Enhance City Image and Effectiveness
Achieve Fiscal Sustainability, and Financial Stability
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, shall apply; and
WHEREAS, City desires to maintain maximum flexibility in this Agreement to meet
rapidly changing solid waste disposal and diversion laws and regulations.
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; DELEGATION OF AUTHORITY
A. Whenever any term used in this Agreement has been defined by the provisions of
Chapter 12 of the West Covina Municipal Code, the definitions contained in said Code shall govern
the meaning of such words for the purpose of this Agreement, unless any such word is otherwise
sWecifically defined herein or unless it is obvious from the context hereof that another "dn
is
necessarily intended.
B. The administration of this Agreement shall be under the supe i ion an
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") unless otherwise stated or specified.
0 C. As used herein, "Recyclables" shall mean items which cot}d 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, although called "Recyclables" in the Agreement, the California courts
have determined that such "Recyclables" become "Solid Waster' 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,
Bulky Items do not include abandoned automobiles and other vehicles, Construction and
Demolition Waste, bags of Solid Waste, or Exempt Waste.
2
insurance and shall not contribute with it. The City, its officers, agents, employees and volunteers
shall be named as additional named insureds.
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. Coverage 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 Coverage. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, modified, or canceled by either parry,
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
and with a rating in the most recent edition of Best's Insurance Reports of size category VII or
lar er�ating classification of A or better.Nrq
o L E. Requirements Nimiting. Requirements of specs is cove g ea s or li s
contained in this Section are not intended as a limitation on coverage, limits or o er req�,
or a waiver of any coverage normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue and is not
intended by any Party or insured to be all inclusive, or to the exclusionlf other coverage, or a
waiver of any type. If the Contractor maintains higher limits than the mini ums shown above, the
City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.
Any available insurance proceeds in exces f the sp ified minimum limits of insurance and
cov e sh e avail ab o the C' 1 , i
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 shall contain an 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, or nonrenewal of this policy.
Such notice shall be sent to:
City Manager
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91793
34
2. The Commercial General Liability and Automobile Liability policies shall
contain endorsements or policy terms in substantially the following form:
a. Thirty (30) days prior written notice shall 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:
City Manager
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91793
b. "The City of West Covina, its officers, employees, agents, and
volunteers are additional 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. "Th iry, officers,
, its oce
� agents, em"the
v ante s shall e
named as additional named insureds and such inclusion shall not ay' rightssne
as s
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 hav� been liable if only one party had been
named as an insured."
H. Waiver of Subrogation. All insurance coverage maintained or procured pursuant
to this Agreement shalhbe endorsed to waive subrogation against the City, its elected and appointed
officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others
providing insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its subcontractors.
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 Risk Manager to demonstrate
maintenance of the required coverage throughout the term of this Agreement or any extension
thereof.
J. Other Insurance Requirements. The Contractor shall comply with all
requirements of the insurers issuing policies. The carrying of insurance shall not relieve Contractor
35
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 Contractor shall promptly report the facts
in writing to the insurance carrier and to the City Risk Manager.
If Contractor fails to procure and maintain any insurance required by this Agreement, the City may
take out and maintain, at the Contractor's expense, such insurance as it may deem proper and
deduct the cost thereof from any monies due the Contractor.
The City reserves the right at any time during the term of this Agreement to change the amounts
and types of insurance required by giving the Contractor a ninety (90)-day advance written notice
of such change, subject to the special rate adjustment provisions set forth in Section 8.2.
9.3 Faithful Performance Bond
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 principal sum of the bond shall be one hundred thousand dollars ($100,000).
The bond shall be executed as surety by a corporati authorized to issue surety bonds in the State
offMalifornia, with a financial 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 alternatile,
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. A N
If there is an event of default as set forth in Section 11.1, City may give to the Contractor at least
fifteen (15) days written notice of such event of default by the Contractor. Such notice shall specify
precisely the events constituting the default. Upon the failure or refusal of the Contractor to cure
the default with respect to such items thus specified within the time specified in such written notice,
City may to 'nate this Agreement and declare the amount of such bond forfeited to City.
u _d� r ■ wA6"`
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 a 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
36
Waste, and to use such property to collect and transport any Solid Waste, Recyclables, or Organic
Waste generated within the City which Contractor would otherwise be obligated to collect and
transport pursuant to this Agreement.
Notice of the Contractor's failure, refusal or neglect to collect and transport solid waste may be
given orally by telephone to the Contractor at its principal office and shall be effective
immediately. Written confirmation of such oral notification shall be sent to Contractor within
twenty-four (24) hours of the oral notification.
Contractor further agrees that in such event:
(1) It will fully cooperate with City to effect the transfer of possession of property to
the City for City's use.
(2) It will, if the City Manager so requests, 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.
The City agrees that it assumes complete respons�the proper and normal
use uch equipment and facilities while in its possession.
k
(4) Contractor shall provide all necessary billing information and Contractor and City
Ma er shall determine how to bill, in what a ounts and the distribution of amounts received.
The City's exercise of its rights under this does not constitpte a taking of private
property for which compensation must be paid ut 4cise of the City's police power, (2) will
not create any liability on the part of City to Contrand (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
this Section, and (4) does not terminate this Agreement, unless termination occurs under other
provisions of this Agreement.
10.2 Duration of City'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 Contractor.
The City's right to retain temporary possession of Contractor's property, and to provide 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 resume such services.
37
ARTICLE 11. DEFAULT AND
11.1 Events of Default
Each of the following shall constitute an event of default ("event of default") hereunder:
A. Contractor fails to perform its obligations under this Agreement, as it may be
amended from time to time, and: (1) if the failure or refusal of Contractor to perform as required
by Section 9.2 of this Agreement is not cured within two (2) business days after receiving notice
from the City specifying the breach; (2) if the Contractor has failed or refused to collect, transport,
process, or dispose Solid Waste Recyclable Materials, or Organic Waste in accordance with
Sections 5.3, 5.4 and 5.5 and the failure or refusal is not cured within five (5) business days after
receiving notice from the City specifying the breach; or (3) 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 correction thereof, provided that where such breach cannot be cured
within such thirty (30) day period, Contractor shall not be in default of this Agreement if
Contractor shall have commenced such action required to cure the particular breach within ten (10)
calendar days after such notice, and it continues such performance diligently until completed.
EW B.4% Any representation or disclosure made to City by Contra connection with or
as an inducement to entering into this Agreement or any future amendmen ti this Agreemeit,
which proves to be false or misleading in any material respect as of the time the representation or
disclosure is made, whether or not any such repsentation or disclosure appears as part of this
Agreement.
C. There is a seizure or attachment (other than a prejudgment ttachment)[aterially
r levy
affecting possession on, the operating equipment of Contractor, including withoit its
vehicles, maintenance or office facilities, or any part thereof of such proportion as t
impair Contractor's ability to perform under this Agreement and which cannot be releas nded,
ofbtherwise 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
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
m
Contractor's operating equipment or assets, or order the winding up or liquidation of the affairs of
Contractor.
F. Contractor fails to provide reasonable assurances of performance as required under
Section 11.6.
11.2 Rieht to Terminate Upon Default
Upon a default by Contractor, after any required notice, the City Council shall have the right to
terminate this Agreement without need for any hearing, suit or legal action. The Contractor then
shall forfeit $100,000 from its performance bond, certificate of deposit or letter of credit to City as
liquidated damages.
The City and Contractor agree that as of the time of execution of this Agreement it is almost
impossible to ascertain the extent of any damages incurred by City from 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 be a limitation under Section 7.4.
1n Possession of Propertv Upon TerminatioA
In the event of termination for default, the City shall have the right to 17sionof e
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 famish the City Manager with immediate access to all of its business records
related to its billing of accounts for services.
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 inadequate and City
shall be entitled to injunctive relief.
39
11.5 Excuse from Performance
The Parties shall be excused from performing their respective obligations 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, and other
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, picketing, or other concerted job action conducted by Contractor's
employees or directed at Contractor is not an excuse from performance and Contractor shall be
obligated to continue to provide service notwithstanding the occurrence of any or all of such
events; provided, that in the case of labor unrest or job action directed at a third party over whom
Contractor has no control, the inability of Contractor to make collections due 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
loeetions.14%.
The Party claiming excuse from performance shall, within two (2) days after Party has note e
of such cause, give the other party written notice of the facts consti tang such cause and asserting
its claim to excuse under this Section. Notwithstanding, Contract n the vent of a catastrophic
event shall comply with City's emergency preparedness plan.
In the event that either Party validly exercises its rights under this Section, the Parties h y waive
any claim against each other for any damages sustained thereby.
Notwithstan the foregoing, howe (1) the existeintracto?
Iof an excuse from perform will not
affect the City's rights undefArtic , and (2) if is excused from ng 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.
11.6 Ri¢ht 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 performance of this
Agreement, is such form and substance as the City Manager believes in good faith is reasonably
,m
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 proper performance in
the form and by the date required by City Manager, such failure or refusal shall be an event of
default for purposes of Section 11.1.
ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES
12.1 Relationship of Parties
The Parties intend that Contractor shall perform the services required by this Agreement as an
independent contractor engaged by City and not as an officer or employee of the City nor as a
partner of or joint venture with the City. No employee or agent of Contractor shall be or shall be
deemed to be an employee or agent of the City. Except as expressly provided herein, Contractor
shall have the exclusive control over the manner and means of conducting the Solid Waste,
Recyclables, and Organic Waste collection services performed under this Agreement, and all
persons performing such services. Contractor shall be solely responsible 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'
cgWpensation benefits, or any other benefits whic�accrue to s it
employment with the City.
Contractor shall not, at any time in any manner, represent that it or any oliaglents or
employees are in any manner a or employees of City. Contractor shall secure, at its sole
expense, and be responsible f y 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 licences, if any are required,
in connection with the services to be performed hereunder.
12.2 Compganceeth�l�w
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
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 Governin¢ 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 Agreement shall be brought and concluded in
the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits.
With respect to venue, the Parties agree that this Agreement is made in and will be performed in
Los Angeles County.
41
12.5 Assignment
Except as provided in Section 12.6, neither Party shall assign its rights nor delegate or otherwise
transfer its obligations under this Agreement to any other person without the prior written consent
of the other Party. Any such assignment without the consent of the other 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 of 50% or more of the outstanding
common stock of Contractor, unless the change results merely in one of several prior owners
increasing his or her ownership; (iii) any reorganization, consolidation, merger recapitalization,
stock issuance or re -issuance, voting trust, pooling agreement, escrow arrangement, liquidation or
other transaction to which Contractor or any of its shareholders is a party which results in a change
of ownership or control of 50% or more of the value or voting rights in the stock of Contractor
unless the change results merely 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 any such transfer or change of ownership. For purposes of
thcSection, the terra "proposed assignee" shall efer to tlw1" an,#j* -- --t—r
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
eac}r of these factors, among `hers, inl jioosinj Contrac to erform the services to be rendered
by —Contractor under this Agreement.
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 documentation required as a
condition for approving any such assignment;
B. Contractor shall furnish City Manager with audited financial statements (audited,
if possible) of the proposed assignee's operations;
C. Contractor shall furnish City Manager with satisfactory proof: (i) that the proposed
assignee has at least five (5) years of solid waste management experience of a scale equal to or
42
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 operations due to any
significant failure to comply with state, federal or local waste management laws and that the
assignee has provided with City Manager with a complete list of such citations and censures;
(iii) that the proposed assignee has at all times conducted its operations in an environmentally 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 to 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 cooperate with City and subsequent contractor(s)
or subcontractors to assist in an orderly transition which will include Contractor providing route
lists and billing information. In connection therewith, Contractor acknowledges that the provisions
of Public Resources Code Sections 49520-49523 have no application to this Agreement and
agrees, to the extent such sections may have application, to waive whatever rights they may afford.
E
Any application for a franchise er shall be governed by the following n ons:
01). Any application for a franchise transfer shall be made in a manner prescribed by
the City Manager. The application shall includ a deposit in an amount determined by the City
Manager sufficient to meet the costs identifie bove. Additional bills in excess of the amount
deposited shall be supported with evidence of 1c,
expense or cost incurred. The applicant shall pay
such bills within (30) days of receipt. Any s amounts are over and above any franchise fee
specified in thisAgreement. JL
12.6L Subcontractinractin
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
The provisions of this Agreement shall inure to the benefit of and be binding on the successors and
permitted assigns of the Parties.
12.8 Parties in Interest
Nothing in this Agreement, whether express or implied, is intended to confer any rights on any
persons other than the Parties to it and their representatives, successors and permitted assigns.
12.9 Waiver
The waiver by either Party of any breach or violation of any provision of this Agreement shall not
be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent
43
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 services provided by
Contractor to City: (i) Bulky Item collection as specified in Section 5.5(B); (ii) graffiti removal
services as specified in Section 5.6(D); and bus stop maintenance as specified in Section 5.6(E).
I. "City Improvement Fee" means the fee paid by Contractor as specified in Section
MA
J. "Construction and Demolition Waste" or "C&D" means Solid Waste consisting of
building materials, packaging and rubble resulting from construction, remodeling, repair, and
demolition operations on pavement, residential, commercial or industrial premises, buildings, and
other structures, and land clearing operations.
K. "Contamination" means any of 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 Organic Waste that are +t
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. J
L. "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 equivaleneindex
approved by mutual agreement in the event said index is no longer published.
M. "CPI-U" means the Consumer Price Index for all urban consumers in the Los
Angeles -Long Beach -Anaheim- area, non -housing, or an equivalent index approved by mutual
agreement in the event said index is no longer published.
N. "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.
O. "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.
breach of violation of the same or any other provision. The subsequent acceptance by either Party
of any monies which become due hereunder shall not be deemed to be a waiver of any preexisting
or concurrent breach of violation by the other Party of any provision of this Agreement, except the
payment of monies so accepted and only to the extent of monies so owing.
12.10 Contractor's Investigation
The Contractor has made an independent investigation (satisfactory to it) of the conditions and
circumstances surrounding the Agreement and the work to be performed by it.
12.11 Condemnation
In addition to its rights under Section 10.1, the City fully reserves any rights it may otherwise have
to acquire the Contractor's property utilized in the performance of this Agreement, by purchase or
through the exercise of the right to eminent domain.
12.12 Notice
All notices, demands, requests, proposals, approvals, consents and other communications which
th% Agreement requires, authorizes or contemplates shall all',Tcept 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 prepak,
ai
Ar City Manager
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91793
Eftowirns Services
P.O. Box 60009
14048 Valley Boulevard
City of Industry, CA 91715-0009
The address to which communications may be delivered may be changed 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.
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 related 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 may rely upon actions taken
m
by such designated representative as action of the Contractor unless they are outside the scope of
the authority delegated to him/her by the Contractor as communicated to City Manager.
ARTICLE 13. MISCELLANEOUS PROVISIONS
13.1 Entire Agreement
This Agreement, including the Exhibits, represents the full and entire Agreement between the
parties with respect to the matters covered herein.
13.2 Section Headings
The article headings and section headings in this Agreement are for convenience of reference only
and are not intended to be used in the construction of this Agreement nor to alter or affect any of
its provisions.
13.3 References to Laws
A4kreferences in this Agreement to laws shall be understood to include such laws as they may be
subsequently amended or recodifiedunless other specifically provided.
13.4 Interaretation IL
Thisgreement shall be interpreted and
Pa egardless of the degree to which ei
and neither for nor against either
in its drafting.
13.5 Amendment
This Agreay not be modified or 3mded in any res ect eby a writing si d by the
Parties. Y
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 provision had not been
contained herein.
13.7 Counterparts
This Agreement may be executed in counterparts each of which shall be considered an original.
13.8 Exhibits
Each of the following Exhibits is attached hereto and incorporated herein and made a part hereof
by this reference.
Exhibit A — Automated Service Program
45
Exhibit B —
Frequency and location of City bins and collection
Exhibit C —
MRF/Solid Waste Transfer Facility
Exhibit D —
Recycling Public Education program
Exhibit E —
Current rates
[SIGNATURE PAGE FOLLOWS.]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written.
DATED:
CITY OF WEST COVINA
David Carmany
City Manager
ATTEST
Lisa Sherrick
Assistant City Clerk
I
APPROVED AS TO FOO
Thomas P. Duarte
City Attorney
DATED:
ARAKELIAN ENTERPRISES, INC.
Ron Arakelian, III
Executive Officer
EXHIBIT A
AUTOMATED SERVICE PROGRAM
Unless otherwise modified by Section 5.17 of the Agreement, 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
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 Drive
3YD
Fire Station
1801
Azusa Avenue
3YD
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 Street
3 YD
Senior Citizen
2501
Cortez Street
3 YD
orte Little League
1501A
Del Norte Street
3
Fo d Center
*all
4032
Ellesford Avenue
3
I
West Covina
1444A
Garvey Avenue
3
West Covina City Hall
1444A
arvey Avenue
3 DR
West Covina City Hall
1444A
Garvey Avenue
3YDR
West Covina City Hall
1444A
Garvey Avenue
3YDR
Communication Center
1444B
Garvey Avenue
3YD
Orangewood Park
1615
Merced Avenue
3YD
Administration Building
1717-
Merced Avenue
3 YD
Walmerado Park
625
Merced Avenue
3 YD
Palm View Park
1340
Puente Avenue
3YD
Palm View Park �
Puente Avenue
3YDR
Palmview Little League
1340A
Puente Avenue
3YD
Fire Station & Library
1435
Puente Avenue
1.5YD
Del Norte Park
1500
Rowland Avenue
3YD
Friendship Park
3740
Sentous Avenue
3YD
Shadow Oak Park
2121
Shadow Oak Drive
3YD
Shadow Oak Park
2121
Shadow Oak Drive
3YDR
Fire Station
2610
Shadow Oak Drive
1.5 YD
Fire Department & City Yard
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
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 a 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.
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 than annually, City may audit or cause to be audited
MRF performance or City diversion rates and other AB 939 requirements.
Exhibit C-1
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 new 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, Contractor to print; goal is Multilingual.)
3. As part of the Residential Sector Education and Information Program, schedule and
publicize community meetings, cable shows, displays and MRF tours. (Residential
includes "multi -family.")
4. is
* partofthe School Curricula Program, design and Mentats 11
school districts (and school clubs upon request) within Weste
children and staff on reduction, reuse and recycling. Contra for also shz chedule
MRF tours.
5. As part of the Nonresidential Program, prepare afid distri te, at least quarterly,
bulletins, mailers and articles, directly or through community 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. Fos, 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.
6. 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
EXHIBIT E
Maximum Service Rates
[Athens to insert]
Exhibit G-2
38, NSZ��,,
P-R--O-po.
111112
-
y_.. '.ate j. •t y !n -
P. "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).
Q. "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 facility as defined in
Section 113842 of the Health and Safety Code. If the definition in 14 CCR Section 18982(a)(25)
for Food Recovery Organization differs from this definition, the definition in 14 CCR Section
18982(a)(25) shall apply.
R. "Food Recovery Service" means a person or entity that collects and transports
Edible Food from a commercial edible food generator to a Food Recovery Organization or other
entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26).
S. "Food Waste" means food scraps and trimmings and other putrescible waste that
i is from food pro4ction, preparation, storage, consumption, or handling. For the avoidanfe
of doubt, Food Waste includes, without limitation, meat, fish, and dairy wastes; fruit and vegeta e
wastes; grain waste; and compostable food -contaminated paper products.
T. "Garbage" means all putrescible and non-putrescible solid, sem" lid and
associated liquid waste, as defined in Californi Pub ' Resources Code section 4019 arbage
does not include Recyclable Mat dials, Organi ast arge Items, or Exempt Waste
U. "Green Waste" or and Wast ' means Solid Waste consisting of a getative
waste generated from the maint cc or alteration of residential, commercial, o dustrial
premises including, but not limite o, grass clippings, leaves, tree trimmings, prun' brush,
weeds, flowers, herbs,'and holiday t es.
V. "Gross Receipts" means any and all revenue received from billings, and
compensation in any form, received by Contractor or subsidiaries, parent companies or other
affiliates of Contractor, for the collection and transportation of Solid Waste pursuant to this
Agreement, in accordance with generally accepted accounting principles, including, but not
limited to, customer fees for collection of Solid Waste, without subtracting City fees. Sales revenue
from the sale of Recyclable Materials to third parties is excluded from Gross Receipts for the
purpose of calculating Franchise Fees.
W. "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.
X. "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
0
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.
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.
Y. "Illegal Containers" means those commercial bins or containers for the temporary
accumulation of Solid Waste resulting from temporary activities on any premises, including but
not limited to waste from the demolition or construction of a building, that are authorized for use
by City or Contractor in violation of the Municipal Code.
Z. "Multilingual" means more than two languages, including English, Spanish, and
Mandarin, or any other languages as mutually agreed upon by the Parties.
AA. "Municipal Code" means the West Covina Municipal Code.
BB. "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.
CC. "Organic Waste Processing Facility" means a Contractor -selected commercial
facility permitted by the State of California which accepts and processes, by com ostin or other
pe&issible methods, 6rganic Waste for diversion from landfill disposal.
DD. "Residential Premises" means single family dwellings and milltiffamil ellin s
of four units or less.
EE. "SB 1383" means Senate
September 19, 2016, which added Sections 3
and Safety Code, and added Chapter 13.1 (c(
30 of the Public Resources Code, establishin
effort to reduce emissions of short-lived cli
and replaced from time to time.
I
1383 of 2016 approved by the Governor on
0.5, 39730.6, 39730.7, an j 39730.8 to the Health
nencing with Section 42652) to Part 3 of Division
aethane emissions reduction targets in a statewide
pollutants as amended, supplemented, superseded,
FF. "Sludge" means the accumulated solids, residues, and precipitates generated as a
result of waste treatment or processing, including wastewater treatment, water supply treatment,
or operation of an air pollution control facility, and mixed liquids and solids pumped from septic
tanks, grease traps, privies, or similar disposal appurtenances or any other such waste having
similar characteristics or effects.
GG. "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, abandoned vehicles and parts thereof, discarded home and
industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not
hazardous waste, Exempt Waste, manure, vegetable or animal solid and semisolid wastes, and
other discarded solid and semisolid wastes, 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, Bulky Items, Organic Waste, Recyclables, and White Goods.
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.
HH. "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.
II. "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
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.
JJ. "White goods" means enamel -coated major appliances, such as washing machines,
water heaters, stoves, and ref ig ators.
REPRESENTATIONS A
CONTRACTOR
Status
3 OF
Contractor is a corporation duly organized, validly existing and in good standing under the
laws of the State of California. It is qualified to transact business in the State of California and has
the corporate power to own it properties and 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 obligations under this Agreement.
The Board of Directors of Contractor (or the shareholders if necessary) have taken all actions
required by law, its articles of incorporation, its bylaws or otherwise to authorize the execution of
this Agreement. The persons signing this Agreement on behalf of Contractor have authority to do
SO.
ARTICLE 3. TERM OF AGREEMENT
3.1 Effective Date and Term of Agreement
A. The term 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
0
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
ATTACHMENT NO.4
Athens Services Contract Term Comparison
Year 1.9.399% Increase
Year 1-19.399% Increase
7.399% CPI + 2%
7.399 % CPI + 12%
Avg Bill: $38.62 to $42.23
Avg Bill: $38.62 to $41.75
Years 2 & Beyond: Trash CPI + 1% Years 2 & Beyond: CPI
Year 1 - 11.399% Increase Year 1 - 11.399% Increase
7.399% CPI + 4% 7.399% CPI + 4%
Avg Bill: $262.60 to $292.51 Avg Bill: $262.60 to $292.51
Years 2 & 3: Trash CPI + 3%
Year 4 & Beyond: Trash CPI + 1% Years 2 & 3 Beyond: CPI
Garbage & Trash, U.S. Average All items, L.A. Region
Trash CPI February 2021-2022 = 4.1% CPI February 2021-2022 = 7.399%
10% 10%
$640,000 $0
Services: min. 100 hours of weekly Graffiti
Removal ($550,000) and quarterly Bus Shelter
Cleaning & Maintenance ($90,000)
$1,200,000 $300,000
+ 3 years (to existing clause) = 5 total + 5 years = 7 total
ATTACHMENT NO.5
SB1383 Implementation Assistance - RFP #11-015
Proposal Summary
Vendor
velopment of Implementation 11111F.F.It
Task 1: Derw Plan
2MI.ple...t.tion of Plan
MIT.
sk 3 : Facilitate
Consultant will manage implementation of Plan for both
Recreate Waste
Consultant will prepare Implementation
Food Recovery & Organics (Waste assessments, outreach,
Consultant will assist City in negotiations with trash hauler
Collaborative
Plan- Final Draft within 1 month
data tracking and management re ort, li fli
p p p
$gi 045
assessments, quarterly/annual reports
r
Consultant will manage implementation of Plan for both
Consultant will prepare Implementation
Food Recovery & Organics (Waste assessments, outreach,
Consultant will assist City in negotiations with trash hauler
Plan
data tracking and management report, lip flip
$94 586
"Environmental
assessments, quarterly/annual reports
r
Consultant will manage implementation of Plan for both
Consultant will prepare Implementation
Food Recovery & Organics (Waste assessments, outreach,
Services not included in proposal.
Go2Zero
Plan
data tracking and management report, lip flip
$114,760
assessments, quarterly/annual reports
i
r
Consultant will prepare Implementation
Assist Athens in implementation. Consultantwill
MSW Consultants
Plan
implement communication, documentation, reporting and
Consultant will assist City in negotiations with trash hauler
$129 970
evaluation and planning programs.
Consultant will manage implementation of Plan for both
Consultant will prepare Implementation
Food Recovery & Organics (Waste assessments, outreach,
Consultant will assist City in negotiations with trash hauler
HF&H Consultants Inc
Plan
data tracking and management report, lip flip
$224,795
assessments, quarterly/annual reports
r
$98,570
Consultant will prepare Implementation
Assist City & Athens in implementation. Consultant will
Consultant will assist City in negotiations with trash hauler
Only gave
SEMCO
Plan
work with Athens to conduct waste assesments, programs,
hourly rates
ATTACHMENT NO. 6
Environmental Consultants & Contractors
June 7, 2022
File No. 010625222
Mr. David Carmany
City Manager
City of West Covina
1444 W. Garvey Avenue South
West Covina, CA 91790
Subject: Revised Proposal to Provide Edible Food Recovery Capacity and Inspection Services
Dear Mr. Carmany:
The City of West Covina is interested in joining the San Gabriel Valley Council of Government's
(SGVCOG) Regional Food Recovery Program. The City has requested a cost proposal from SCS
Engineers (SCS) to provide this assistance.
SCOPE OF WORK
The work to be performed for the City of West Covina will mirror the work conducted by SCS for the
SGVCOG participating cities, inclusive of the following:
TASK 1: PROJECT MANAGEMENT
Task 1.1 Kickoff Meeting
The SCS Project Team will conduct a kick-off meeting with SGVCOG staff, and the City of West Covina
following approval of the contract to confirm the goals and objectives for the project. SCS staff
leaders and their key roles on this project will be introduced, project tasks will be reviewed,
expectations of resources needed from the members will be discussed, thoughts and direction from
staff will be solicited, and the Schedule and key milestones will be confirmed. This meeting will also
establish clear lines of communication and project direction so the SGVCOG members and SCS
mutually understand expectations.
Deliverables:
• Meetingagenda
• Meeting minutes and action items
• Data needs
Task 1.3 Project Management Update Meetings
Regular feedback from the project team and City of West Covina is important to the success of the
project. Therefore, the Project Team will attend up to two video meetings with the City and SGVCOG
representatives to discuss the project deliverables and receive feedback on the project progress. For
purposes of the project budget, it is assumed these meetings will be one hour in duration.
438 S. Marengo Ave. Pasadena CA 91101 1 626-792-9593 1 400
Mr. David Carmany
June 7, 2022
Page 2
Deliverables
Meeting notifications/conference call -in facilitation
Meeting agendas
Meeting minutes/action items
Identify and Confirm Tier 1 and Tier 2 Edible Food Generators (EFGs) and Food Recovery
Organizations (FROs) capacities in the City of West Covina
TASK 2 - CAPACITY AND COMPLIANCE ASSESSMENT
Task 2.1 Food Recovery Agencies and Organizations Capacity
Assessment
SCS will prepare a comprehensive study of local Food Recovery agencies and their capacity to accept
edible food from the City of West Covina. Drawing upon prior projects performed by SCS and its
partners, our team will be able to extrapolate information already obtained as part of similar projects
with Los Angeles County Public Works. Using a database of food recovery agencies located in Los
Angeles County, as well as researching the local area, SCS will compile a targeted contact list of only
those agencies local to the City.
Our team will attempt to contact each agency up to three times to perform a phone interview that will
be used to compile updated information on each agency, including: name, address, contact
information, types of food accepted, how food is received/collected, days of week and hours of
operation, total weekly capacity, current capacity, existing businesses served, current tracking
system, if any, and if contracts are in place. The SCS team will also explain the new regulations
related to SB 1383 and provide food recovery organizations a link to more information through the
CalRecycle website. We will distribute additional education and outreach materials currently
available or developed as part of this contract, including a template food recovery agreement.
Based on the capacity study results, the next steps will be to determine if sufficient capacity exists to
meet the needs of onboarding Tier 1 and Tier 2 edible food generators. The data obtained from this
portion of the project will be compared with the data from Task 2.2, which will provide an overview of
the amount of anticipated edible food donations. If it is determined that there is a lack of edible food
recovery capacity, for which existing infrastructure will not support, then additional capacity planning
will be needed. This next phase of the planning will consist of looking at regional planning in
conjunction with the Los Angeles County Public Works efforts for regional capacity.
Deliverables
Compile targeted food recovery agency contact list.
Contact all targeted food recovery agencies to perform survey. Up to three attempts will
be made to contact each agency.
Assemble database of completed survey data.
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, 2027.
During the thirty (30) day period following notice of intent to terminate, the terminating
Party shall hold at least one meet and confer session in the boundaries of the City or within a five -
mile radius from City's City Hall during normal business hours at a time and place proposed by
the non -terminating 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
di4ng the Wind -Down Period, provided, however that in the event that City issues provides, a
notice of termination, (i) Contractor shall cease any City Improvement Fee due or owing for t�e
remaining term of the Agreement and (ii) City Beauti cation Services shall no longer be provid d
by Contractor to City free of charge, and Contra all charge City then -existing rates for City
Beautification Services,.
C. Notwithstanding any provision in this Agreemen the ontrary, th otice of
to ion shall not become effective if the, Parties mutually agree to a prove and cute an
ame ent to this Agreement. i
3.1,116 s to Effectiveness oLAntkment am& i
The obligation of City to permit this Agreement to become effective and to perform its
undertakings provided for in this Agreement is subject to Contractor's satisfaction of each and all
of the conditions set out below.
A. Accuracy of Representations. The representations and warranties made by
Contractor in Article 2 of this Agreement are true and correct on and as of the Effective Date.
B. Absence of Litigation. There is no litigation pending on the Effective Date in any
court challenging the award or execution of this Agreement or seeking to restrain or enjoin its
performance.
ARTICLE 4. FRANCHISE
4.1 Grant of Franchise: Scope of Franchise
A. Grant of Franchise. The City hereby grants unto the Contractor, and the
Contractor shall have throughout the duration of this Agreement, the exclusive right to engage in
7
Mr. David Carmany
June 7, 2022
Page 3
Task 2.2 Tier 1 and Tier 2 Edible Food Waste Generators Compliance
Assessment
SCS will prepare a detailed report of the estimated edible food generated by Tier 1 and Tier 2
businesses located in the City. This task will consist of using the lists provided by the City, including
Athens' customers and business licenses, compiling them, and then preparing a target outreach list
of those businesses categorized as either Tier 1 or Tier 2.
Our team will attempt to contact each edible food generator up to three times to perform a phone
interview that will be used to compile updated information on each business, including: name,
address, contact information, type and quantity of edible food generated, when food is generated,
current food donation policy, if any, current food recovery partner(s), if any, current tracking system,
if any, and if contracts are in place. The SCS team will also be explaining the new regulations related
to SB 1383 and provide edible food generators a link to more information through the CalRecycle
website. We will distribute additional education and outreach materials currently available or
developed as part of this contract, including a template food recovery agreement.
Once the surveys are complete, SCS will prepare a report detailing the estimated amount of edible
food donations within the City. This information will be compared to the capacity data developed in
Task 2.1 to analyze if sufficient capacity exists to support estimated donations.
Deliverables
• Review business lists from the City and compile targeted Tier 1 & Tier 2 contact list.
• Contact all Tier 1 & Tier 2 businesses to perform survey. Up to three attempts will be
made to contact each agency.
• Assemble database of completed survey data.
• Prepare survey data executive summary.
TASK 3 - PUBLIC OUTREACH
Task 3.1 Outreach and Education
Using the outreach and education plan prepared previously for the SGVCOG project, we will develop
specific materials for the City. As part of the scope of work, we will conduct two educational
workshops, and provide flyers to the City for posting on the City's website and other distribtuion.
Deliverables
• Multilingual outreach and education materials.
• Workshop announcements.
• Two workshops
Mr. David Carmany
June 7, 2022
Page 4
TASK 4 - FINAL REPORT
Task 4.1 Final Report Deliverable
SCS will prepare the draft report, which will include the project overview, our approach to conducting
the study, and the results of Tasks 2 and 3. This will include the following:
• The results of the capacity analysis of food recovery agencies and organization (Task
2.1).
• Results of the Tier 1 and Tier 2 edible food waste generators compliance assessments
(Task 2.2).
• Education and outreach implementation results.
• Recommendations on next steps for SB 1383 compliance.
TASK 5 - INSPECTION PROGRAM IMPLEMENTATION
Task 5.1 Project Team Coordination
For this task, the Project Team will participate in monthly meetings with the City and SGVOCG staff.
The meetings will be 30 minutes in length.
Task 5.2 Inspection Program Implementation
There are two types of inspections that the team will conduct beginning in 2022. The first is an
Inspection Review to Tier 1 edible food generators and food recovery services/organizations as
identified in Task 2.2. The second is a Complaint Review in response to complaints received that
warrant a review in accordance with Section 18995.3, to be provided on an as -needed basis.
Beginning January 1, 2024 - if not sooner - the team will conduct Inspection Reviews to Tier 2
commercial edible food generators and as identified in Task 2.2 and begin issuing Notice of
Violations to noncompliant entities as determined in Inspection Reviews or realized when responding
to a complaint in a Complaint Review. Notice of Violations will not be issued until January 1, 2024, in
accordance with the enforcement requirements of Section 18995.3 unless SGVCOG or the City
determine that earlier issuance of Notice of Violations for noncompliance is in best interest.
Inspection Review Methodology
Step 1: Schedule Inspection Review with Entity (Commercial Edible Food Generator/Food Recovery
Service/Organization)
We will prioritize Inspection Reviews to entities that have a history of noncompliance or have had
difficulties in establishing a program. Prioritization will be determined in coordination with project
staff, waste hauling staff and food recovery organization/service partners. When scheduling in -
person inspections, we will maximize staff time in the field by scheduling visits according to
geographical proximity.
Step 2: Conduct Inspection Review
Mr. David Carmany
June 7, 2022
Page 5
The team will utilize data program tracking software, such as Careit, to assess the recorded donation
data associated with each entity and compare it with anticipated frequency and quantity of food
donations determined through the initial inspection. Any discrepancies identified as unreasonable or
suspicious shall be noted and reported back to the jurisdiction. Data input into the Careit software
will also be reflected on a paper Inspection Report (developed in Task 5) which will be
supplementary to the data tracking fields included on Careit. We will use the Inspection Report and
Careit to conduct virtual, phone - or when necessary - in -person reviews to determine whether the
entity is compliant with requirements of Section 18991.3 (commercial edible food generators) and
Section 18991.5 (food recovery services/organizations). Compliance details, including the specific
actions that will be reviewed during the inspection, are provided below in the section titled "Article
10".
Step 3: Record Inspection Results/Fallow-up
We will use data program tracking software, such as Careit, to record the findings of the review in a
format that will be easily transcribed to the Inspection Report format to be used by the agency in
annual reporting to CalRecycle.
If compliant: If the Inspection Review determines that the entity is in compliance with all
requirements of Article 10 and other applicable requirements of the chapter, the team will
record the details of the inspection usingthe Careit app and provide those details to SGVCOG
on a monthly and annually basis.
If noncompliant: If the Inspection Review determines that the entity is not in compliance with
all requirements of Article 10 and other applicable requirements of the chapter, the team will
work with thejurisdiction to proceed with the issuance of a Notice of Violation (if the
SGVCOG/thejurisdiction believes appropriate) -OR-the team may provide verbal notice to the
entity in question with recommended revisions to their program, provide educational
material, and follow-up for a second inspection within reasonable time (approximately 2
weeks to 30 days).
Beginning January 1, 2024 (if not sooner, as deemed appropriate by the SGVCOG), if it is determined
that the entity is not in compliance after the second review, the team will notify the reporting
jurisdiction and as determined in the Task 5 Implementation, proceed with the process of supporting
the jurisdiction with issuance of a Notice of Violation. The methodology for issuing a Notice of
Violation is provided below.
Complaint Review Methodology
Step 1: Schedule Complaint Review with Noncompliant Entity
Complaint Reviews will be conducted on an as -needed basis dependent on when complaints are
received. Staff will be readily available to receive complaints and will schedule an inspection to
check for compliance in response to a complaint within five (5) business days of receipt of Complaint
Form. We recommend that Complaint Forms be received by thejurisdiction and forwarded to us in
real time or at an interval that is appropriate for agency staff.
Alternatively, the City may choose to set up a joint email account for the receipt of complaints for the
service areas covered by this engagement. In this case, the team would monitor emails and respond
directly to Complaint Form senders within five (5) business days to confirm receipt and course of
Mr. David Carmany
June 7, 2022
Page 6
action, and additionally schedule an inspection within five (5) business days of receipt of Complaint
Form.
Step 2: Conduct Complaint Review Inspection
The team will conduct an in -person Complaint Review inspection within 90 days of receiving a written
complaint. The team will utilize a data program tracking software, such as Careit, to conduct the
Complaint Review and will also keep a paper record of the Inspection Report (developed in Task 5).
We will use the Inspection Report and Careit to conduct the in -person review and will reference the
details of the Complaint Form received, paying particular notice to specific actions the entity may be
in violation of.
Step 3: Record Complaint Review Inspection Results / Follow-up
Within 90 days of receipt of a complaint that would constitute a violation of SB 1383 requirements,
our team will notify the complainant of the results of their complaint, if contact information is
available. The team will follow a similar methodology as the Inspection Review on the prior page for
assessing compliance with all SB 1383 requirements and follow-up (dependent on
compliance/noncompliance), as necessary.
Data Tracking
One potential approach to managing account information, compliance levels, and other relevant
data necessary as part of this Task 6 is for the team to utilize a software program like Careit. With
this specific tool, the team would create an account for each Tier 1 and Tier 2 generator - and food
recovery service/organization - as information becomes available during the Inspection Reviews and
identification of generators in Task 2. Each entity account on Careit would be easily accessible by
both our staff, jurisdiction staff (if so desired) and the entity (both commercial food generators and
food recovery services/organizations). Our team would record applicable data onto the user account
to indicate when the inspection was conducted, user information such as whether they have a
written food donation contract in place, compliance status, whether educational information was
provided, follow-up communication needed, complaints received and the results of such Complaint
Reviews, Notice of Violation(s) issued, and/or whether penalties have been assessed. The Careit
system specifically is compatible with other data management tracking software that some
jurisdictions in SGVCOG may already be using (such as Recyclist).
Our team would be available to provide entities with a deep level of technical assistance on this
platform, particularly during the initial years of this engagement, with the goal of creating built -out
database for each individual entity to logtheir own data over time that can be easily monitored by
thejurisdiction or consultant. Our staff will also be available to provide direct assistance to entities in
setting up their account, tracking data, and to input an entities' compliance information on behalf of
the entity under this project.
Notice of Violation Methodology
Accordingto Section 18995.4, a Notice of Violation(s) are required to be issued for noncompliance
beginning January 1, 2024. In this Task 6, in addition to conducting Inspection Reviews and
Complaint Reviews, we will utilize the Notice of Violation form developed in Task 5 to follow-up with
noncompliant Tier 1 and Tier 2 commercial edible food generators and food recovery
services/organizations.
Mr. David Carmany
June 7, 2022
Page 7
A potential approach to issuing Notice of Violations, be discussed with SGVCOG as part of Task 5 and
executed in this Task 6, may include:
• Step 1: Issue Notice of Violation via mail and/or email dependent on available contact
information for the noncompliant entity, inclusive of notes and verification information (such
as the Inspection Report)
• Step 2: Following 30 days of non -responsiveness from the noncompliant entity, staff will
make two (2) attempts to contact entity via phone or email and/or in -person, dependent on
the availability of contact information and preference of the jurisdiction.
• Step 3: Tracking and recording all correspondence and actions taken by the consultant
team/jurisdiction and by the noncompliant generator to remedy the violation via a data
management program, such as Careit.
• Step 4 (if nonresponsive/ entity fails to take necessary action for compliance): Work with the
jurisdiction to issue a penalty order, inclusive of financial penalties assessed, necessary
steps for compliance, and a date for which future financial penalties will be assessed if
action is not remedied by the entity.
This approach to issuing a Notice of Violation goes above and beyond sending a letter and entrusting
that owners/management staff receive mail delivered to the address on file. By contacting
noncompliant businesses via email and phone, noncompliant entities are given access to additional
information from staff and an opportunity to clarify the noncompliance issue and next steps, have
questions answered, and provide any feedback or concerns to be documented by our staff and
consolidated in the Careit app.
Article 10. Jurisdiction Edible Food Recovery Programs, Food Generators, and
Food Recovery
Potential violations that would warrant the issuance of a Notice of Violation in this Task 6 include,
but are not limited to, failure to abide by the following requirements of Section 18991.3 for edible
food generators:
• Adherence to any and all applicable local ordinances developed by the individual
city/community.
• Recover the maximum amount of edible food that would otherwise be disposed.
• Establish a written contract or agreement with a food recovery organization or services to
collect edible food for recovery or self -haul to a food recovery organization food recovery.
• Keeping a list of food recovery service or organization that collects/receives its edible food.
• Keeping a copy of written contracts or agreements for collection of edible food for recovery.
Potential violations that would warrant the issuance of a Notice of Violation in this Task 6 include,
but are not limited to, failure to abide by the following requirements of Section 18991.5 for food
recoveryservices/organizations.•
Mr. David Carmany
June 7, 2022
Page 8
• Maintain a record of each commercial edible food generator that it provides service.
• Track and record the quantity of edible food collected and/or received from each edible food
generator per month (in pounds).
• Track and record the quantity of edible food transported to each food recovery organization
per month, if applicable (in pounds).
• Contact information for each food recovery organization that the service transports and/or
receives edible food to/from for recovery.
As outlined in Section 18995.4, inspections to be conducted as part of this Task 6 do not include an
evaluation of whether prohibited container contaminants have been placed in a collection container,
as prohibited in Section 18984.5 nor does it include an evaluation of organic waste generators
compliance as required by Section 18984.9. The project team is available to assist in conducting
reviews and inspections for compliance with the stated sections above, if SGVCOG so chooses such
services are necessary, at an additional cost.
Deliverables:
• A copy of Inspection Reviews and Complaint Reviews - provided to SGVCOG on a monthly
basis - beginning July 1, 2022, which may include, but is not limited to:
- The total number of inspections conducted, categorized by type of entity.
- The total number complaints received, categorized by type of entity.
• A copy of Inspection Reviews, Complaint Reviews, and Notice of Violations (inclusive of
penalty orders, enforcement actions, status of compliance) - provided to SGVCOG on a
monthly basis - beginning February 1, 2024, which may include, but is not limited to:
- The total number of inspections conducted, categorized by type of entity.
- The total number complaints received, categorized by type of entity.
- The total number of Notice of Violations issued, categorized by type of entity.
- The total number of penalty orders issued, categorized by type of entity.
- The total number of enforcement actions that were resolved, categorized by type of
entity.
Records will be provided to SGVCOG annually in a format that meets the needs of the
Implementation Record described in Section 18995.2.
BUDGET
The budget to complete Tasks 1 and 2 is shown in Table 1. For purposes of this estimate, we have
assumed 25 Tier 1 and Tier 2 EFG's in the City, and 5 FROs.
Mr. David Carmany
June 7, 2022
Page 9
Table 1. Budget
Task
Description
2022
2023
2024
1
Project Management
$2,161.50
$0
$0
2
Capacity and Compliance
Assessment
$8,138.50
$0
$0
3
Public Outreach
$3,000.00
$0
$0
4
Final Report
$2,500.00
$0
$0
5
Inspection Program
41,604.00
$42,852.00
$44,138.00
TOTAL
$57,404.00
$42,852.00
$44,138.00
Following your review of this proposal, please give me a call to discuss any questions you may have.
Sincerely,
Michelle P. Leonard
Senior Vice President
SCS Engineers
Mr. David Carmany
June 7, 2022
Page 10
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 in 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
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
W49e, Recyclables, and Organic Waste listed below from bei Wdelivered to and collected and
transported by others, provided that nothing in this Agreement is intended to or shall be constru d
to excuse any person from obtaining any authorization from the City which is otherwise required
by 1�:
1. Yard waste and other compostables removed in a pre-1
re s by a
gardening, landscaping, or tree trimming contractor as an incidental part o a total se offered
by that contractor rather than as,a hauling service.
2. By-products of sewagieatment, including sludge, grit and screenings.
3. Residutw or non-processible waste from solid waste disposal facilities
including material recovery, composting and transformation facilities except as set out under
Article 7 hereof.
4. Hazardous waste.
5. Individual households, school 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 not addressed in the foregoing, Exempt Waste.
D. Furthermore, the provisions of this Agreement shall not preclude or prohibit City
or any officer of employee thereof or any public entity delegated the ability to do so by the City
Council from itself collecting, removing, disposing or diverting of Solid Waste, Recyclables, and
Organic Waste, in the regular course of their respective duties as such officers or employees;
notwithstanding, the City shall be responsible for reporting all such diversion.
0
4.2 Compliance with AB 939
This Agreement is intended to carry 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.
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
dl4ation 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 a iness license or truck fees that are collected
by t City except as set out under 7.3.
4.4 City Improvement Fee Pt
AR LE 5. THE CONTRACTOR SHAES PAY CITY AN ANNUAL CITY
IMPROVEMENT FEE TO HELP KEEP PUBLIC SPACES
THROUGHOUT THE CITY SXFE AND CLEAN. SERVICES MAY
INCLUDE STREET SWEEPING, STORM DRAIN @LEANING,
LANDSCAPING AND/OR ANY MUNICIPAL SERVICES AGREED
UPON BY THE PARTIES. THE CITY IMPROVEMENT FEE WILL
BE A LUMP SUM DOLLAR AMOUNT PAID AT THE END OF
EACH QUARTER OF THE CALENDAR YEAR. THE CITY
IMPROVEMENT FEE SHALL BE ONE MILLION TWO
HUNDRED THOUSAND DOLLARS ($1,200,000.00) PER ANNUM,
ADJUSTED BY TRASH CPI FOR THE PRIOR 12-MONTH PERIOD
(MARCH OF THE CURRENT YEAR TO MARCH OF THE PRIOR
YEAR). CONTRACTOR SHALL PAY THE CITY IMPROVEMENT
FEE FOR THE TERM OF THE AGREEMENT UNTIL THE
TERMINATION OF THAT CERTAIN ONE-YEAR RENEWAL
AND EXTENSION PROVISION SPECIFIED IN SECTION
3.1.WASTE COLLECTION SERVICES
5.1 General
The services set forth herein are in addition to those in Article 7 and the remainder of this
Agreement. The work to be done by Contractor pursuant to this Agreement shall include the
0
furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary
to perform the services required. The enumeration of, and specification of requirements for,
particular items of labor or equipment shall not relieve Contractor of the duty to furnish all others,
as may be required, whether enumerated or not.
The work to be done by Contractor pursuant to this 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 Waste, Recyclables, and Organic Waste collection and diversion
services at all times. The enumeration of, and specification of requirements for, particular aspects
of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the
manner provided in this Section, whether such other aspects are enumerated elsewhere in the
Agreement or not.
The Contractor agrees to submit route maps for all collection routes to the City Manager for review
and approval. Start and end points for each daily route are to be clearly indicated.
All collection services hereunder shall be automated.
5..2 Continaency Plan
Contractor shall maintain and submit to City as requested, a writte ntinrcypn
demonstrating Contractor's arrangements to provide vehicles and personnel and n
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. A* r ho
5.3 Residential Solid WasteMbilection Wrvices
Contractor shall collect and deliveFlb 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 this service 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 that include or are similar to the following:
Furniture - chairs, sofas, mattresses, rugs, etc.
Appliances - washers, dryers, water heaters, plumbing, refrigerators, TVs, small household
appliances, etc.
Residential - Wood waste - tree branches, scrap wood, etc.
10
Contractor shall use its best efforts to divert/recycle all such Bulky Items or instruct its customers
in appropriate diversion techniques.
Bulky Items specifically exclude auto parts and bodies, liquid waste, manure and rocks, sod,
concrete and similar materials, and Exempt Waste.
All Bulky Items shall be collected at the curb or alley, including those from condominium, stock
cooperative or community apartment projects.
In addition to the weekly pick up of Bulky Items as provided for herein, Contractor upon request
will schedule a quarterly Bulky Item pick up at 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 provided for in this paragraph.
Additional special rates may be charged by the Contractor for the collection of other items of a
dissimilar nature to those included in this Section. Such rates shall be determined by the
Contractor, subject to approval by the City Manag or his or her desi nee and paid in advance
anTshall be separate from and in no way connecto the regul led service rates. T e
fee may include a � mponent for estimation of su ates. I
Placement of bins in the street from residential s ut service shall limit to not more than one
(1) business day.
Materials shall b�properly placed for collection under the requirements the Muni 1 Code.
Residents shall be required to bundle and tie all wood waste in lengths not to exceed (4) feet
with a diameter of three (3) feet. Any materials not properly placed for collection shal tagged
by the Contr�,or with a ultilingu ed tag explaining the reason for non -collection.
09
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 than 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 there more than
one business day.
Contractor shall use its best efforts to divert or recycle materials collected under this Section
11
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 otherwise designated by the City.
Contractor shall make 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 diversion 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.
EW C. Assistapce 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
pro m.
5.6 City BeautiScation. ,
A. Annual Cleanup Campaign. During one (1) partic lar 4wk (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 at locations in districts designated by the City Council and agreed
td'by Contractor, pick up and remove from Residential Premises Bulky Items dropped-5ff by
customers such as, but not limited to, the following items and other items of a similar nature, at no
cost to the customer: (i) furniture — chairs, sofas, mattresses, rugs, etc.; (ii) appliances — washers,
dryers, water 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 for
collection as part of the Annual Clean-up Campaign and for recycling at the source.
B. Christmas Tree Collection. Contractor shall collect all Christmas trees on the first
two scheduled pickup days after New Year's Day. Trees shall be diverted for deposit at a green
waste or composting facility.
C. Illegal Hauling. In the event an unauthorized provider of Solid Waste services sets
out containers anywhere in the City, in violation of the exclusivity provision set forth in Section
4.1 of this Agreement, the City hereby delegates to Contractor the authority to remove and
impound such containers. The delegation of authority to remove and impound such containers
12
shall remain in effect until such time as City provides written notice to Contractor that such
delegation has been revoked, and shall be subject to the following:
1. Reimbursement of Costs. Contractor shall submit an invoice to City
detailing any costs related to removal, transport, and storage associated with housing Illegal
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. City shall reimburse Contractor for such amounts within ninety (90) days of the
invoice.
2. Right to Refuse. Contractor may decline any City request to collect, store,
or otherwise respond to any City request arising from an Illegal Container.
3. Indemnification. Notwithstanding any provision in this Agreement, City
agrees to defend, indemnify, and hold harmless Contractor against all suits and causes 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 consultants), and
dggiage or liability of any nature whatsoever ari ng from the collection, transportation, apd
storage of any Illegal Container, except to the extelany such claims, demands, losses, expenses,
damages or liability arises from the negligence or willful misconduct of Contractor.
4. 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 icollected 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 Xanyesion requirement applicable to Contractor.
00 D. Graffiti Removal Setractor and City acknowledge and agree that the
presence of graffiti on buildings, structures and other places is vandalism creating a condition of
blight which, if not promptly removed, contributes to the deterioration of neighborhoods.
Contractor acknowledges that graffiti abatement is a financial burden on the City. Contractor
agrees, at no additional charge, to remove all graffiti from all surfaces within all public spaces,
rights -of -way, and properties within the City, including, but not limited to, fences, sidewalks,
doors, walls, utility boxes, light poles, street signs, bus benches, and park facilities. Contractor
shall remove graffiti and restore the surface to its prior condition within forty-eight (48) hours of
notification by the City. In certain public safety "Hot Spots," Contractor shall use commercially
reasonable efforts to remove graffiti within twenty-four (24) hours of notification by the City's
Police Chief or his/her designee. As used herein, "Hot Spots" are high -visibility areas where gang
names or symbols have been placed, and/or where there is graffiti involving hate crimes and/or
inflammatory graffiti and/or areas as designated by the City's Police Chief.
1. Method of Removal. Methods of removal may include chemical removal, water
blasting or other pressurized removal systems, matching existing painted surfaces, or other
removal procedures as approved by the City.
13
2. Best Practices. Contractor shall use industry best practices in providing the graffiti
removal services and shall use care to avoid damage to existing improvements (i.e., buildings,
windows, doors, walls, etc.). If Contractor damages existing improvements, Contractor shall, at
Contractor's sole expense, repair such damage to the satisfaction of City.
3. Color Match. Contractor shall ensure that repainted and/or restored surfaces
reasonably match the existing color of such surfaces.
Contractor will provide a minimum of one hundred (100) hours of graffiti removal services
per week.
E. Bus Stop Maintenance. At no additional charge, Contractor shall provide cleaning
and maintenance for all bus stops and shelters located throughout the City on a quarterly basis.
Bus stop and shelter cleaning and maintenance includes cleaning all interior and exterior visible
metal and concrete surfaces, and glass and Plexiglas surfaces for bus shelters, using pressure
washing as well as a mop, broom, or rag to clean the bus stop/shelter. Contractor shall remove and
dispose of all debris that accumulates during such cleaning. The site area to be cleaned and
maintained includes areas within five (5) feet of the outer edges of any bus stop/shelter and only
d4property which is part of the public right-of-way. As of the date of this Agreement, there are
one hundred thirty (130) City bus stops and shelters. Contractor acknowledges that the number of
bus stops and shelters may increase during the term of this Agreement and agrees to provide
cleaning maintenance to all bus stops and shelters now existing or as may be added by the City
during the tern of this AgreemenjW r Sk
10F. Best Management Practices. In providing beautificahi services to the City,
Contractor shall implement and maintain activity specific Best Manage meht Practices (BMPs) to
prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as
required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties
are related to implementation of BMPs shall be adequately trained to effectively implement,
oferate, and maintain'such BMPs and must be versed in factors affecting BMP effectiveness.
Contractor shall certify it has received all applicable training to implement the requirements in
Municipal NPDES Permit No. CAS004004 and shall provide documentation to that effect.
G. Meet and Confer. Upon request by either Party, City and Contractor shall meet
and confer to assess Contractor's performance of the City Beautification Services and/or the
efficacy of the City Beautification Services. A meet and confer session shall be held within thirty
(30) days from a Parry's request for such meet and confer session. The meet and confer session(s)
shall be held within the boundaries of the City or within a five -mile radius from West Covina City
Hall. At the conclusion of the meet and confer session(s), the Parties shall amend this Agreement
as appropriate to reflect any changes to the City Beautification Services as a result of such meet
and confer session(s). Such changes may include, but are not limited to, an increase or decrease to
the level of a specific beatification service and/or adding additional beautification services.
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 Section 5.3 (such as bin service
14
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 hold 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 in the 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 Contractor'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 same w�e picked u b the Contractor's em to ees,
upright (with lids properly secured).
Contractor's employees shall use all reasonable means to ensure ontainers ar not deposited n
any driveway, sidewalk, or street, other than the curb. Contracto shall ensure that its employees
close all gates opened by them in making collections, unless otherwise di cted by the customer,
and avoid crossing landscaped areas and climbing or jumping over hedg and fences. City shall
refer complaints about damage to private property to Contractor. Contracto shall repair all damage
to private property caused by its employees.
kB. , se. All Solid Waste, Re4clables, and Organic Waste, collection operations
shall be cons cted as quietly as possible and shall conform to applicable Federal, State, Oounty
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.
This information shall either be in writing or by means of a check system.
15
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
A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste,
Recyclables, and Organic Waste, from being spilled or scattered during 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 collection transportation process, the Contractor shall clean
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 repeated spillage not caused by it directly with the customer
responsible and will report such instances to the City. City will attempt to ti ' s
with the customer if Contractor has already attempted to do so without succe�s.
C. Covering of Loads. Contractor shall cover all open debris b1oxes and mpactor
ope s during transport to the disposal site or any processing facility. No mate shall be
tran rted to the disposal site or any processing facility in vehicle hopper
5.11 Transportation. Proce and Disposal of Solid Waste
A. Solid Waste FacNininnection
. No later than [insert date], Contractor shall sub a list of
all facilities it intends to utilize with the transportation, disposal and pr ssing of
Solid Waste. NM�
B. 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.
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 ripping fees, operating and hauling costs.
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
16
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
a4or O*c Waste colles*within West Covin
B. Specifications. All vehicles useby Contractor in pro g So id Was ,
Recyclables, and Organic Waste collection services shall be registered with the California
Department of Motor Vehicles and shall meet or exceed all legal standards. 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, I23115, 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
(i) a copy of its biennial Basic Inspection of Terminals ("BIT") inspection conducted by the
Calforni�hway Patrol and ( a copy of its vjhicle maintenance log and any safety
compliance report, including.,ut not limited to, any report issued unler Vehicle Code Sections
34500 et seq., in its annual report made pursuant to Section 6.2.
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.
2. Cleanina. 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
17
vehicles shall be painted to the satisfaction of the City as deemed by the City Manager in his or
her sole discretion. 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 vehicle 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 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 of, all of its
vehicles and equipment, including dents or other body damage, for which repairs are needed
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 warranty, Contractor shall obtain
warranty performance. Contractor shall maintain accurate records of repair, which shall include
dat#/milage, nature of,repair and the signature of aintenance supervisor or m%kpnic e
repair has been properly performed.
1
5. Invento
rv. ntractor ish ish sufficient equipm�t to provide all
service required under this Agree includinac collectioHvehicl
Upon written request,
Contractor shall furnish the C rrent vehiinve ory.
PF
6. Storage. Contractor shall arrange to store s and otheruipment
in safe and secure locations(s) in accordance with City's applicable zoning regulatio f stored
within the City.
Operation. "hicles�hall 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
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.
Na
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 subject 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 Contractor's control prevent such a
response or the City rejects a request to change containers.
6. Additional containers of either sixty-four (64)-gallon or ninety (90)-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 amended.
Contractor shall make
change in container size,
zest is received.
ropriat adjustments customer's
the billing t( re earest moth
8.1 Contractor shJthe
ntainer roll -out service disabled c mers at
no c ge, as outlined in Section 5.ement.
9. Separate fromservice provided Section 5.3, Con for shall
pro a roll-o ervice to any reomer who reque such a service. service
shal subje additional chargen Exhi 't "E" a ended.
i
10. If any container is not used by the customer in the manner specified by the
automated waste collection program, the Contractor shall use a Multilingual red tag to so advise
the customer.
11. Notwithstanding the foregoing, the number of containers provided to
customers receiving services hereunder may be adjusted in accordance with Section 5.17.
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. Contractor shall replace, clean or repaint all
commercial containers as deemed necessary by the City Manager but no more than once every
twelve (12) months 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.
19
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 services required by this
Agreement in a safe and efficient manner.
B. Driver Qualifications. All drivers shall be trained and qualified in the operation
of collection vehicles and must have in effect a valid license, of the appropriate class, issued by
the California Department of Motor Vehicles.
C. Identification Badge. Contractor shall require its drivers, and all other employees
who come into contact with the public, to wear a uniform as a means of identifying the employee.
D. Safety Training. Contractor shall provide suitable operational and safety training
for all of its employees who utilize or operate vehicles or equipment for collection of Solid Waste,
Recyclables, and Organic Waste, or who are otherwise directly involved in such collection.
Contractor shall train its employees involved in Solid Waste, Recyclables, and Organic Waste,
collection to identify, and not to collect, hazardous or infectious waste. r
E. No Gratuities. Contractor shall not permit its employees to demand or solicit,
directly or indirectly, any additional compensation or gratuity from members of the public for the
collection of Solid Waste, Recyclables, and Or, nic Waste under this Agreement.
�F. Employee Appearance and Con uctdikAll employees, while engaged in the
collection or 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.
Contractor shall use its best efforts to ensure that all employees present a neat appearance and
conduct themselves in a courteous manner. Contractor shall regularly train its employees in
customer courtesy, shall prohibit the use of loud or profane language, and shall instruct collection
crews to perform the work as quietly as possible. If any employee is found not to be courteous or
not to be performing services in the manner required by this Agreement, Contractor shall take all
appropriate corrective measures.
G. Provision of Field Supervision. Contractor shall designate one qualified
employee as supervisor of 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
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
20
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.
If the waste is delivered to the disposal site before its presence is detected and the 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.
B. Residential Hazardous Waste Collection. Contractor shall coordinate with City
and County to assist in any Household Hazardous Waste or similar residential hazardous waste
collection by County. If the County fails to provide such service during the term of the Agreement,
as requested by City Manager, Contractor shall arrange for an acceptable licensed hazardous waste
roundup at a central location within the City. Fees for this service shall be negotiated between the
City and Contractor.
5,Y Review of Perfnrmanee and Ouality of Service and Iiulustry ChanQes___
A. At the City Council's sole option, with sixty (60) days writt+ notification to e
Contractor, it may conduct a public hearing, at which the Contractor shall be present and shall
participate, to review the Contractor's performance and qualmN of service and to provide for
technological and regulatory changes. The repo required by this Agreement regarding customer
complaints shall be utilized as one basis fo eview. 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 o than aually.
NA B. Within thirty (30) la after thelconclusion 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 Three -Container Collection System
At any time during the Term of this Agreement, 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 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 Or¢anic 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
21
reviews, and the tracking thereof; (ii) support public education and outreach efforts 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 provided herein.
B. Default Service.
1. Residential. Contractor will permit customers at Residential Premises to
commingle source -separated Green Waste, Food Waste, food -soiled paper products, clean wood,
and lumber only in containers designated for Organic Waste.
2. Commercial/Industrial. For customers at commercial and industrial
premises, Contractor shall collect one (1) thirty-five (35)-gallon container for source -separated
Organic Waste one (1) time per week. Based on a waste assessment performed by Contractor,
Contractor may adjust the foregoing default level of service to any one of the 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 size; and (iii) one (1) metal roll -off container with a capacity of ten (10)
or more cubic yards.
3. Exemptions. The Organic jWte program specified herein shall not apply
tcstomers �may be exempt from SB 1383, ermined by the City pursuant to applicable
state law.
4. Collection Routes. Contractor may collect source -separated Organic Waste
from multiple cities within one (1) Organic Wiste route and, if so, will report source -separated
Organic Waste tonnage among the cities by volme.
5. Service Changes. Contractor inreduce IF increase any Organic Waste
service level base on inspection, audit, or review at an 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.
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, Contractor will provide an
annual report of the following (i) the average daily gross tons of Organic Waste collected by route,
22
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, Contractor shall conduct route audits designed
to monitor, observe, and, if necessary, recommend route changes or service adjustments to reduce
Contamination in containers provided to customers.
G. SB 1383 Procurement. As part of City's efforts to satisfy annual procurement
requirements specified in SB 1383, Contractor shall have the option to, (i) at levels commensurate
with those required in the City under SB 1383, assist the City in the procurement of Renewable
Natural Gas (RNG) for collection vehicles used by Contractor in the City, and/or (ii) provide
twenty (20) tons of compost or mulch, delivered to a location selected by the City. Should products
such as greater quantities 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, Citiit andCentractor shall meeind confer discuss an a went to tie
Agreement prior to such procurement. J r J
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 18982; 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
blug; and, (iii) Organic Wast(container bodies and/or ls shall be green. Hardware such as hinges
an wheels on the containers may be a different color tFan 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
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
23
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 order to prevent Contamination, Contractor shall implement the protocols as specified herein.
A. First Contamination Event. Upon 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, and 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 Customer may be charged a contamination fee for
each contaminated container and Contractor may increase the size of the customer's container or
require an additional container(s). Contractor must also contact the Customer by phone, by U.S.
mQ, by email, in person, or. , to ensure th/,pon
Customer iT11
e
for proper collection of was" .
B. Second Contamin n Eventn the seco iscovery n
within a given calendar year starting January protocols sp ied i Sec
appl�C. Third Contamination Event.hee ird discovery of onta
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 Solid Waste for handling and billing purposes, and
affix a Contamination Violation Notic to the contaminated container. Contractor may also elect to
charge the then-maxitnum contami fee for tht 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
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
24
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 must include 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 Contractor will be final.
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 City a list of such customers, which shall include: Customer name;
service address; contact information; Tier One or Tier Two classification; and type of business.
EW B. Assessment. Commencing [insert date], and annually tt%er, Contractor shall
support City in its efforts to 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 Article 10. Commencing January 1, 2024, and at least annually thereafter,
Contractor shall expand it a assessmeOtoincngde Tier Two Commercial Edible Food
Generators.0C. Education and Outreach. [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 Fbod Generator requirements under 14 CCR Chapter 12 Affft"; (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.
ARTICLE 6. OTHER COLLECTION -RELATED SERVICES, STANDARDS
AND AGREEMENTS
6.1 Billing
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.
25
The Contractor agrees that it shall neither charge nor collect any sum or sums 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. The 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 which may become due to the Contractor for the
collection or removal of Solid Waste, Recyclables, and Organic Waste, under the terns 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 services or when Residential Premises are vacant for at least a one
(I) -month period and prior notice of such vacancy has been given to the Contractor. Termination
of services as referred to in this Section shall not include termination 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
wit l individual customers to reasonably satisfy such requests. As art of the billing procedure and along with normal billings, J the Contractor A provide
envelopes, return envelopes, and messages with Multilingual text related to solid waste
management and recycling issues. These messages 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 ajd approved by the City Manager prior to their distribute . T e costs
for the printing and distribution of such notices shall be the sole responsibility of the Contractor.
Contractor also agrees to 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.
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, at
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
26
with the City to revise its billing format as necessary to itemize appropriate charges from time to
time, however, once any billing format is approved by the City Manager, if any 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 fee except with the written consent
of City Council.
The Contractor may assess penalties for late payments and collection of delinquent 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 City 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.Ahe Contractor with the franchise fee paid. As part of the report, the Contractor shall calculate
the actual franchise fee owed, 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
information by class of service and number of services, and if applicable4IT inspection results.
6.3 Annual Audit
At the request 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 fdbs 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.
6.4 Recordkeet)W2
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 audit or inspect under the
business license ordinance.
27
6.6 Inspection by City
The City Manager shall have the right to observe and review Contractor's business operations and
enter premises for the purposes of such observations and review at all reasonable hours with
reasonable notice.
6.7 Public/Customer Service and Accessibili
A. Office Location. Contractor shall provide a business office for purposes of
carrying out its obligations under this Agreement. This main office shall be located at 14048 Valley
Boulevard, City of Industry, California 91715.
B. Office Hours. Contractor's office shall be open to the public from 7 a.m. to 5 p.m.
Monday through Friday. The office may be closed on Saturdays and Sundays and those holidays
recognized by the Contractor.
C. Availability of Representatives. A representative of the Contractor shall be
available at the Contractor's main office during office hours to communicate with the public in
person and by telephone.
F
D. Telephone. Contractor shall maintain atoll -free tt leph7andh
t inoperation t
its main office at all times. Contractor shall install telephone equipment, vA available servce
representatives sufficient to handle the volume of calls typically experienced on the busiest days.
Telephone service shall be 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
irrAall 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,
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 a bona fide community group upon request of the City Manager.
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 provide at least one (1) payment
center in the City of West Covina for the purposes of accepting payments from customers.
0
6.8 Service Complaints
The Contractor agrees to maintain a written log of all oral and written service complaints registered
with the Contractor from customers within the City. Contractor shall be responsible for the prompt
and courteous attention to, and prompt and reasonable resolution of, all customer complaints.
Contractor shall record in a separate log all written and oral complaints, noting the name and
address of complainant, date and time of complaint, nature of complaint, and nature and date of
resolution. This complaint log shall be retained by the Contractor for at least one (1) year after the
last entry and the City Manager may review the 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 Chance Scope of Work
The City Manager or City Coutcil may require changes in collects or disposal methods and upon
mutual agreement of the Parties, the Contractor shall comply, proJWd that ifs s1ch changes result
in increased costs to the Contractor, the Contractor shall have a ri o apply for a rate review and
adjustment pursuant to Article 8 of this Agreement.
6.10 Title to Solid Waste r
It is expressly understood that all Solid Waste becomes the property of the Contractor n placed
for collection.
6Ad Nondrimination Ak�
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.
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 Dumping
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 collection; and (2) the address, or
29
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.
ARTICLE 7. CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF
1989 ("AB 939"): OPERATIONAL AND REPORTING
REQUIREMENTS
7.1 Implementation of SRRE
Contractor shall implement and maintain the automated MRF/'Transfer Station recycling program
set out on Exhibits A and C, as amended.
7.2 Other Recycling Programs
At the request of City, Contractor shall maintain the current bins used for recycling and located in
City parks.
In addition, the Contractor and City Manager or his or her designee shall agree on the schedule,
format, and content of additional programs to be iq&Jemented.
7.3 MRF/Transfer Station Proposal
E
Contractor shall operate and maintain its MRF.
as set out on Exhibit C, as amended.
7.4 P Diversio uarantee 1
Cox actors indemnify defen� id hold
imposed by CalRecycle oar o iT—er responsible a€
Station located at 14048 Valley Boulevard
against anyImee
fines
v's failure tndfill
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
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 Requirements
Contractor shall record 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 unprocessable materials
therefrom.
30
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
MRFPTransfer Station.
Residential Solid Waste — Solid Waste originating from single -and multiple -unit dwellings.
Single -unit tonnages are to be accounted for separately from multi -unit tonnages. In those cases
where multi -unit accounts are commingled with material from other waste sources Contractor will
be responsible for developing a reasonable methodology for estimating such multi -unit tonnages
which is acceptable to the City Manager (e.g., [container yardage] X [frequency] X [% of capacity]
X [assumed density]).
Commercial Solid Waste — Solid Waste originating from stores, business offices,
commercial warehouses, hospitals, educational, health care, military, and correctional institutions,
nonprofit research organizations, and government offices.
Industrial Solid Waste — All Solid Waste placed in debris boxes.
Other Sources — Solid Waste originating from such sources as state and national parks and
recreational areas (Note estimation of self -haul waste which is classified as an `Other' source will
be tie responsibility of City). . TFM
Contractor shall provide to the Ci anager an annual "Waste Disposal and Diver"Repo"
based upon these daily records b e 31st of January. This report shall include total tonnages
disposed by waste source and osal facility, and total tonnages diverted by waste source,
material type, and program and t e specific processing facility or market to which the materials
were delivered. Contractor shall t1k to include 4eports on rivate recycling efforts so these will
be counted toward City's diversi oals.
Contractor shall submit all reports needed td 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.
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, brochures, as set out on Exhibit D, attached
and incorporated herein.
31
7.8 Use of Recycled Materials
Whenever possible Contractor shall use recycled paper as part of all publicity, billing, and other
management and operational activities associated with the performance of this Agreement.
Opportunities for use of other recycled materials, including but not limited to the purchase of
collection containers with recycled material content shall also be pursued, with a cost/benefit
analysis provided to the City Manager.
7.9 Participation in Integrated Waste Mana¢ement Program Fundin¢ Agreement
The Contractor shall pay $55,000 per year to the City of West Covina for the City's Integrated
Waste Management Program subject to the following conditions:
A. The amount due shall be paid in quarterly payments by the loth of each month
commencing July 1 of each year.
B. The funding amount shall be adjusted each year according to CPI. If the City
Council approves an increase in the Base Rate for the Monthly Collection rate, the Integrated
Waste Management fund contribution from the Contractor shall increase b the same ercenta e.
C. The Con"the
ibution to the Integrated Waste Manag t F shall not
be included in or fundeapproved by the City Council pursuant Attic of this
Agreement.
D. This funding requirement sl
modified with the agreement of City at
7.10 Change in Laws,
the Agreement is termingff or until
Contractor shall develop and, upon e C'iTy Councils approval, implement withAW 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.
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, 2023, and annually thereafter on
July 1, the rates provided in Exhibit E shall be automatically adjusted annually 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
32
Code section 53756, and article XIII D, section 6(a) of the California constitution, to the extent
applicable.
C. Phase -in. Notwithstanding any provision in this Agreement to the contrary, for the
period beginning July 1, 2023 and ending June 30, 2025, in addition to any other rate adjustment
permitted under this Agreement, the rates provided in Exhibit E shall be subject to supplemental
adjustments specified below.
Period
Residential Premises
JIL Commercial/Industrial
Beginning
Supplemental Adjustment
in Supplemental Adjustment
July 1, 2023
N/A
Annual Rate Adjustment + 2.0% rate
increase
July 1, 2024
N/A
Annual Rate Adjustment + 2.0% rate
increase
Notwithstanding the foregoing, nothing herein shall constitute the waiver of Contractor's right to
seek special rate adjustments, as permitted in accordance in Section 8.1(D).
87 q ecial Rate Adjustments
Contractor may apply to the City Council for consideration of a special, interim rate review sho d
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 f60) days of Contractor's request, unless extended by mutual
agreement between the Parties, and shall not be unreasonably denied upon Contractor's
demonstration that (i) an event or circumstance occurred 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 regaiation; 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.
8.3 Procedures Uuon 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 Notice, 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
33
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 and other City fees. Such monies may be refunded to the City upon mutual agreement
between the Parties. Contractor shall reserve the right to terminate the Agreement without cause or
penalty.
8.4 Publication of Rates
The Contractor shall provide prior written notice to subscribers of rate changes, which notice may
be provided with, or as part of a regular billing. Contractor may provide a schedule of tipping fees
along with customer billings.
8.5. Proposition 218.
City intends to comply with all applicable laws concerning the maximum service rates provided
under this Agreement. Upon thorough analysis, the Parties have made a good faith determination
that the maximum service rates for solid waste collection services provided under this Agreement
are not subject to California Constitution Articles XIIIC and XIIID because, among other reasons,
such services are provided by a private corporation and not by tCity. Contractor independently
esMaa r s lishes the rates foervices within the limits established in this Agreement. In the interest of
consumer protection, the City sets a cap on what the Contractor may charge its customers for 4e
services it provides to them.
AR LE 9. INDEMNITYJANDINSU
9.1 Indemnification of Ci
Separate and distinct from the insuranceAnd liquidated damages provisions found in this
Agreement, Contracto; agrees to defend, with counsel chosen with the advice and consent of City,
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 damages
or injuries to any person or property, including but not limited to, injury to Contractor's employees,
agents or officers which arise from or are connected with or are caused or claimed to 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. The
defense obligation provided for hereunder shall apply without any advance showing of negligence
or wrongdoing by the Contractor, its employees, agents and/or officers, but shall be required
whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions
or misconduct of the Contractor, its employees, agents and/or officers, and/or whenever any claim,
action, complaint or suit asserts liability against the City, its elected and appointed officials,
officers, agents and employees based upon the work performed or services provided by Contractor,
its employees, agents and/or officers under this Agreement, whether or not Contractor, its
employees, agents and/or officers are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, 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.
34
Payment by City is not a condition precedent to enforcement of this indemnity.
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.
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.
4. Transportation Pollution Liability: $5,000,000 combined single limit per
accident. Coverage shall include Pollution Liability (CA9948) and MCS-90 endorsements. The
policy shall provide coverage for transportation of o11 tants/contaminants to and from job sites
fi� athe hauling of waste from project sites to the al dispo?TocatlWincluding non -owned
disposal sites. `
1 �
B. De ctibl8s 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, agents or volunteers; or the Contractor shall
procure an additional letter of credit or bond guarantying payment of losses and related
investigations, claim administration and defense expenses.
i
C.W*Other Insurance Provisions. The policies qjoholpntain, or be, endorsed to
contain, the following provisions:
1. General Liability and Automobile Liability 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 special limitations on the scope of protection afforded to the City, its officials,
employees or volunteers.
b. The Contractor'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 contribute with it. The City, its officers, agents, employees and volunteers
shall be named as additional named insureds.
35
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. Coverage 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 Coverage. 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
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.
E. Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other requirements,
or a waive7of any coverage normally provided by any insurance. Specific reference to a giv n
coverage feature is for purposes of clarification only as it pertains to a giyel issue and is t
intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.
Any available insurance proceeds in excess the specified minimum limits of insurance and
coverage shall be available to the City. k J
F. contractors. Contractor shall include all subcontractors as insured under its
policies or sl'Wfurnish 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 shall contain an 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, or nonrenewal of this policy.
Such notice shall be sent to:
City Manager
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91793
2. The Commercial General Liability and Automobile Liability policies shall
contain endorsements or policy terms in substantially the following form:
36
a. Thirty (30) days prior written notice shall 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:
City Manager
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91793
b. "The City of West Covina, its officers, employees, agents, and
volunteers are additional 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 party had been
named as an insured."
H. Waiver of Subrogation. All iverage mamtam or procuropursuant
to this Agreement shall be endorsed to waive subrogation against the City, its elected and appointed
officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others
providing insurance evidence in compliance with these specifications to waive their right of
recovery prior to a losEP Contractor hereby wanks its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its subcontractors.
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 Risk Manager to demonstrate
maintenance of the required coverage throughout the term of this Agreement or any extension
thereof.
J. Other Insurance Requirements. The Contractor shall comply with all
requirements of the insurers issuing policies. The carrying of insurance shall not relieve Contractor
from any obligation under this Agreement. 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
37
account of any occurrence related to the Agreement, the Contractor shall promptly report the facts
in writing to the insurance carrier and to the City Risk Manager.
If Contractor fails to procure and maintain any insurance required by this Agreement, the City may
take out and maintain, at the Contractor's expense, such insurance as it may deem proper and
deduct the cost thereof from any monies due the Contractor.
The City reserves the right at any time during the term of this Agreement to change the amounts
and types of insurance required by giving the Contractor a ninety (90)-day advance written notice
of such change, subject to the special rate adjustment provisions set forth in Section 8.2.
9.3 Faithful Performance Bond
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 principal sum of the bond shall be one million dollars ($1,000,000). The bond
shall be executed as surety by a corporation authorized to issue surety bonds in the State of
California, with a financial condition and record of service satisfactory to the City Manager. The
bond shall be in the form approved by the City Manager and Cit.LAttomey. In the alternative, the
Contractor may deposit a letter of credit or obtain and open a ceiTficate of deposit in the name of
the City to be held to secure this faithful performanc%
If there is an event of default as s4rth in Section 11.1, City may give to the Contractor at least
fifteen (15) days written notice of@Fh event of default by the Contractor. S ch notice shall specify
precisely the events constituting the default. Upon the failure or refusal qthe Contractor to cure
the default with respect to such items thus specified within the time specified in such written notice,
City may terminate this Agreement and declare the amount of such bond forfeited to City.
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 a 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
m
Waste generated within the City which Contractor would otherwise be obligated to collect and
transport pursuant to this Agreement.
Notice of the Contractor's failure, refusal or neglect to collect and transport solid waste may be
given orally by telephone to the Contractor at its principal office and shall be effective
immediately. Written confirmation of such oral notification shall be sent to Contractor within
twenty-four (24) hours of the oral notification.
Contractor further agrees that in such event:
(1) It will fully cooperate with City to effect the transfer of possession of property to
the City for City's use.
(2) It will, if the City Manager so requests, 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.
(3) The Citry agrees that it assumes complete responsibili for the pro er and normal
use of such equipment and facilities while in its possion.
(4) Contractor shall provide all necessary billing information and retractor and Ci y
Manager shall determine how to bill, 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'l 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
this Section, and (4) does not terminate this Agreement, unless termination occurs under other
provisions of this Agreement.
10.2 Duration of City'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 Contractor.
The City's right to retain temporary possession of Contractor's property, and to provide 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 resume such services.
39
ARTICLE 11. DEFAULT AND
11.1 Events of Default
Each of the following shall constitute an event of default ("event of default") hereunder:
A. Contractor fails to perform its obligations under this Agreement, as it may be
amended from time to time, and: (1) if the failure or refusal of Contractor to perform as required
by Section 9.2 of this Agreement is not cured within two (2) business days after receiving notice
from the City specifying the breach; (2) if the Contractor has failed or refused to collect, transport,
process, or dispose Solid Waste Recyclable Materials, or Organic Waste in accordance with
Sections 5.3, 5.4 and 5.5 and the failure or refusal is not cured within five (5) business days after
receiving notice from the City specifying the breach; or (3) 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 correction thereof, provided that where such breach cannot be cured
within such thirty (30) day period, Contractor shall not be in default of this Agreement if
Contractor shall have commenced such action required to cure the particular breach within ten (10)
calendar days after such notice, and it continues such performance diligently until completed.
EW B.4% Any representation or disclosure made to City by Contra connection with or
as an inducement to entering into this Agreement or any future amendmen ti this Agreemeit,
which proves to be false or misleading in any material respect as of the time the representation or
disclosure is made, whether or not any such repsentation or disclosure appears as part of this
Agreement.
C. There is a seizure or attachment (other than a prejudgment ttachment) or levy
affecting possession on, the operating equipment of Contractor, including witho imit its
vehicles, maintenance or office facilities, or any part thereof of such proportion as t aterially
impair Contractor's ability to perform under this Agreement and which cannot be releas bonded,
ofbtherwise 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
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 liquidation of the affairs of
Contractor.
F. Contractor fails to provide reasonable assurances of performance as required under
Section 11.6.
11.2 Rieht to Terminate Upon Default
Upon a default by Contractor, after any required notice, the City Council shall have the right to
terminate this Agreement without need for any hearing, suit or legal action. The Contractor then
shall forfeit $100,000 from its performance bond, certificate of deposit or letter of credit to City as
liquidated damages.
The City and Contractor agree that as of the time of execution of this Agreement it is almost
impossible to ascertain the extent of any damages incurred by City from 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 be a limitation under Section 7.4.
1n Possession of Propertv Upon TerminatioA
In the event of termination for default, the City shall have the right to 17sionof e
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 famish the City Manager with immediate access to all of its business records
related to its billing of accounts for services.
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 inadequate and City
shall be entitled to injunctive relief.
41
ATTACHMENT NO. 1
OPTION 1: SB 1383 IMPLEMENTATION AND BEAUTIFICATION SERVICES
AMENDED AND RESTATED
FRANCHISE AGREEMENT BETWEEN
THE CITY OF WEST COVINA
AND
Final [ ], 2022
JD OTHER
HEREIN
11.5 Excuse from Performance
The Parties shall be excused from performing their respective obligations 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, and other
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, picketing, or other concerted job action conducted by Contractor's
employees or directed at Contractor is not an excuse from performance and Contractor shall be
obligated to continue to provide service notwithstanding the occurrence of any or all of such
events; provided, that in the case of labor unrest or job action directed at a third party over whom
Contractor has no control, the inability of Contractor to make collections due 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
loeetions.14%.
The Party claiming excuse from performance shall, within two (2) days after Party has note e
of such cause, give the other party written notice of the facts consti tang such cause and asserting
its claim to excuse under this Section. Notwithstanding, Contract n the vent of a catastrophic
event shall comply with City's emergency preparedness plan.
In the event that either Party validly exercises its rights under this Section, the Parties h y waive
any claim against each other for any damages sustained thereby.
Notwithstan the foregoing, howe (1) the existeintracto?
Iof an excuse from perform will not
affect the City's rights undefArtic , and (2) if is excused from ng 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.
11.6 Ri¢ht 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 performance of this
Agreement, is such form and substance as the City Manager believes in good faith is reasonably
42
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 proper performance in
the form and by the date required by City Manager, such failure or refusal shall be an event of
default for purposes of Section 11.1.
ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES
12.1 Relationship of Parties
The Parties intend that Contractor shall perform the services required by this Agreement as an
independent contractor engaged by City and not as an officer or employee of the City nor as a
partner of or joint venture with the City. No employee or agent of Contractor shall be or shall be
deemed to be an employee or agent of the City. Except as expressly provided herein, Contractor
shall have the exclusive control over the manner and means of conducting the Solid Waste,
Recyclables, and Organic Waste collection services performed under this Agreement, and all
persons performing such services. Contractor shall be solely responsible 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'
cgWpensation benefits, or any other benefits whic�accrue to s it
employment with the City.
Contractor shall not, at any time in any manner, represent that it or any oliaglents or
employees are in any manner a or employees of City. Contractor shall secure, at its sole
expense, and be responsible f y 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 licences, if any are required,
in connection with the services to be performed hereunder.
12.2 Compgance�th�l�w
MAL
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
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 Governin¢ 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 Agreement shall be brought and concluded in
the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits.
With respect to venue, the Parties agree that this Agreement is made in and will be performed in
Los Angeles County.
43
12.5 Assignment
Except as provided in Section 12.6, neither Party shall assign its rights nor delegate or otherwise
transfer its obligations under this Agreement to any other person without the prior written consent
of the other Party. Any such assignment without the consent of the other 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 of 50% or more of the outstanding
common stock of Contractor, unless the change results merely in one of several prior owners
increasing his or her ownership; (iii) any reorganization, consolidation, merger recapitalization,
stock issuance or re -issuance, voting trust, pooling agreement, escrow arrangement, liquidation or
other transaction to which Contractor or any of its shareholders is a party which results in a change
of ownership or control of 50% or more of the value or voting rights in the stock of Contractor
unless the change results merely 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 any such transfer or change of ownership. For purposes of
thcSection, the terra "proposed assignee" shall efer to tlw1" ar) -- --t—r
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
eac}r of these factors, among `hers, inl jioosinj Contrac to erform the services to be rendered
by —Contractor under this Agreement.
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 documentation required as a
condition for approving any such assignment;
B. Contractor shall furnish City Manager with audited financial statements (audited,
if possible) of the proposed assignee's operations;
C. Contractor shall furnish City Manager with satisfactory proof: (i) that the proposed
assignee has at least five (5) years of solid waste management experience 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 operations due to any
significant failure to comply with state, federal or local waste management laws and that the
assignee has provided with City Manager with a complete list of such citations and censures;
(iii) that the proposed assignee has at all times conducted its operations in an environmentally 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 to 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 cooperate with City and subsequent contractor(s)
or subcontractors to assist in an orderly transition which will include Contractor providing route
lists and billing information. In connection therewith, Contractor acknowledges that the provisions
of Public Resources Code Sections 49520-49523 have no application to this Agreement and
agrees, to the extent such sections may have application, to waive whatever rights they may afford.
E
Any application for a franchise er shall be governed by the owing n ons:
01). Any application for a franchise transfer shall be made in a manner prescribed by
the City Manager. The application shall includ a deposit in an amount determined by the City
Manager sufficient to meet the costs identifie bove. Additional bills in excess of the amount
deposited shall be supported with evidence of 1c,
expense or cost incurred. The applicant shall pay
such bills within (30) days of receipt. Any s amounts are over and above any franchise fee
specified in this Agree
12. SubcontractinILI OM160,AL, JL
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
The provisions of this Agreement shall inure to the benefit of and be binding on the successors and
permitted assigns of the Parties.
12.8 Parties in Interest
Nothing in this Agreement, whether express or implied, is intended to confer any rights on any
persons other than the Parties to it and their representatives, successors and permitted assigns.
12.9 Waiver
The waiver by either Party of any breach or violation of any provision of this Agreement shall not
be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent
45
breach of violation of the same or any other provision. The subsequent acceptance by either Party
of any monies which become due hereunder shall not be deemed to be a waiver of any preexisting
or concurrent breach of violation by the other Party of any provision of this Agreement, except the
payment of monies so accepted and only to the extent of monies so owing.
12.10 Contractor's Investigation
The Contractor has made an independent investigation (satisfactory to it) of the conditions and
circumstances surrounding the Agreement and the work to be performed by it.
12.11 Condemnation
In addition to its rights under Section 10.1, the City fully reserves any rights it may otherwise have
to acquire the Contractor's property utilized in the performance of this Agreement, by purchase or
through the exercise of the right to eminent domain.
12.12 Notice
All notices, demands, requests, proposals, approvals, consents and other communications which
th% Agreement requires, authorizes or contemplates shall all',Tcept as otherwise specifically
provided, be in writing and shall be effective when personally delivered to a representative of t�e
parties at the address below or deposited in the United States mail, first class postage prepa ,
ai
Ar City Manager
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91793
Eftowirns Services
P.O. Box 60009
14048 Valley Boulevard
City of Industry, CA 91715-0009
The address to which communications may be delivered may be changed 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.
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 related 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 may 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 Contractor as communicated to City Manager.
ARTICLE 13. MISCELLANEOUS PROVISIONS
13.1 Entire Agreement
This Agreement, including the Exhibits, represents the full and entire Agreement between the
parties with respect to the matters covered herein.
13.2 Section Headings
The article headings and section headings in this Agreement are for convenience of reference only
and are not intended to be used in the construction of this Agreement nor to alter or affect any of
its provisions.
13.3 References to Laws
A4kreferences in this Agreement to laws shall be understood to include such laws as they may be
subsequently amended or recodifiedunless other specifically provided.
13.4 Interaretation IL
Thisgreement shall be interpreted and
Pa egardless of the degree to which ei
and neither for nor against either
in its drafting.
13.5 Amendment
This Agreay not be modified or 3mded in any res ect eby a writing si d by the
Parties. Y
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 provision had not been
contained herein.
13.7 Counterparts
This Agreement may be executed in counterparts each of which shall be considered an original.
13.8 Exhibits
Each of the following Exhibits is attached hereto and incorporated herein and made a part hereof
by this reference.
Exhibit A — Automated Service Program
47
Exhibit B —
Frequency and location of City bins and collection
Exhibit C —
MRF/Solid Waste Transfer Facility
Exhibit D —
Recycling Public Education program
Exhibit E —
Current rates
[SIGNATURE PAGE FOLLOWS.]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written.
DATED:
CITY OF WEST COVINA
David Carmany
City Manager
ATTEST
Lisa Sherrick
Assistant City Clerk
I
APPROVED AS TO FOO
Thomas P. Duarte
City Attorney
DATED:
ARAKELIAN ENTERPRISES, INC.
Ron Arakelian, III
Executive Officer
EXHIBIT A
AUTOMATED SERVICE PROGRAM
Unless otherwise modified by Section 5.17 of the Agreement, 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
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 Drive
3YD
Fire Station
1801
Azusa Avenue
3YD
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 Street
3 YD
Senior Citizen
2501
Cortez Street
3 YD
orte Little League
1501A
Del Norte Street
3
Fo d Center
*all
4032
Ellesford Avenue
3
I
West Covina
1444A
Garvey Avenue
3
West Covina City Hall
1444A
arvey Avenue
3 DR
West Covina City Hall
1444A
Garvey Avenue
3YDR
West Covina City Hall
1444A
Garvey Avenue
3YDR
Communication Center
1444B
Garvey Avenue
3YD
Orangewood Park
1615
Merced Avenue
3YD
Administration Building
1717-
Merced Avenue
3 YD
Walmerado Park
625
Merced Avenue
3 YD
Palm View Park
1340
Puente Avenue
3YD
Palm View Park �
Puente Avenue
3YDR
Palmview Little League
1340A
Puente Avenue
3YD
Fire Station & Library
1435
Puente Avenue
1.5YD
Del Norte Park
1500
Rowland Avenue
3YD
Friendship Park
3740
Sentous Avenue
3YD
Shadow Oak Park
2121
Shadow Oak Drive
3YD
Shadow Oak Park
2121
Shadow Oak Drive
3YDR
Fire Station
2610
Shadow Oak Drive
1.5 YD
Fire Department & City Yard
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
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 Franchise................................................................. 7
4.2 Prior Agreements and Amendments .....................Error! Bookmark not defined.
4.3 Franchise Fee Agreement...................................................................................... 9
4.4 Annual Payment for Discretionary Use................Error! Bookmark not defined.
ARTICLE 5. Wn
TION SERV ES........... ....
5.1 �ner................... ..................................................5.2 Conti.................. ................. ............................ ....... 1
5.3 Resida Collectio S ces.......... .......................... ....... 10
5.4 CommCollectio ...... ............... ...... ................. .......11
5.5 City Facilities Collection .......... ........ .............. ........ ................. ....... 12
5.6 City Beautification................................................. .......................... ...... 12
5.7 Contractor's Inability to Provide Service .............. ............................ ...... 14
5.8 Hours of Collection ............... .. ... ............................ ... 15
..............
5.9 Collection Standards 15
fitterAbatement.................................................................................................. 16
5.11 Transportation, Processing and Disposal of Solid Waste .................................... 16
5.12 Vehicles................................................................................................................17
5.13 Solid Waste Containers........................................................................................ 18
5.14 Personnel..............................................................................................................20
5.15 Hazardous Waste................................................................................................. 20
5.16 Review of Performance and Quality of Service and Industry Changes ............... 21
5.17 Transition to Three -Container Collection System ............................................... 21
5.18 Organic Waste Program....................................................................................... 21
5.19 Contamination Protocols...................................................................................... 24
5.20 Food Recovery Assistance................................................................................... 25
ARTICLE 6. OTHER COLLECTION -RELATED SERVICES, STANDARDS
AND AGREEMENTS................................................................................... 25
6.1 Billing.................................................................................................................. 25
6.2 Annual Reports.................................................................................................... 27
6.3 Annual Audit........................................................................................................ 27
-i-
TABLE OF CONTENTS
(continued)
Page
6.4
Recordkeeping..................................................................................................... 27
6.5
Right to Inspect Records......................................................................................
27
6.6
Inspection by City ................................................................................................
28
6.7
Public/Customer Service and Accessibility .........................................................
28
6.8
Service Complaints..............................................................................................
29
6.9
City's Right to Change Scope of Work...............................................................
29
6.10
Title to Solid Waste.............................................................................................
29
6.11
Nondiscrimination................................................................................................29
6.12
Change in Collection Schedule............................................................................
29
6.13
Report Accumulation of Solid Waste; Unauthorized Dumping ..........................
29
ARTICLE 7. CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF
1989 (`AB 939'): OPERATIONAL AND REPORTING
REQUIREMENTS......................................................................................... 30
7.1 Implementation of SRRE..................................................................................... 30
7.2 Other Recycling Programs................................................................................... 30
MRF/'Tpnsfer Station Proposal ....... ................. ....
Diversion Guarantee ....................... ................. ...........
7.5 Annual AB 939 Reporting Require ts.................T
7.6 AB 939 Staffing Position ............. .. ................. ........................... 317.7 Public Outreach Program......................................................I................ 317.8 Use of Recycled Materials................................................................... 327.9 Participationin In egrated Waste Manag ent Pro am FugdingAgreement......... ................................................................ 327.10 Change in Laws ... ............................. ........... ......................... 32ARTICLE 8. SERVIC,� RA ND E' IEW... ......... ......................... 32
Rates........................................................................................................................... 32
8.2 Special Rate Adjustments.................................................................................... 33
8.3 Procedures Upon Invalidation of Rate Adjustment ............................................. 33
8.4 Intentionally Omitted............................................Error! Bookmark not defined.
8.5 Publication of Rates............................................................................................. 34
8.6 Intentionally Omitted............................................Error! Bookmark not defined.
ARTICLE 9. INDEMNITY, INSURANCE, BOND........................................................... 34
9.1 Indemnification of City ........................................................................................ 34
9.2 Insurance.............................................................................................................. 35
9.3 Faithful Performance Bond.................................................................................. 38
ARTICLE 10. CITY'S RIGHT TO PERFORM SERVICE .................................................. 38
10.1 General.................................................................................................................38
10.2 Duration of City's Possession.............................................................................. 39
ARTICLE 11. DEFAULT AND REMEDIES....................................................................... 40
TABLE OF CONTENTS
(continued)
11.1 Events of Default...........................................................
11.2 Right to Terminate Upon Default ..................................
11.3 Possession of Property Upon Termination ....................
11.4 City's Remedies Cumulative: Specific Performance.....
11.5 Excuse from Performance ..............................................
11.6 Right to Demand Assurances of Performance ...............
Page
................................... 40
................................... 41
................................... 41
................................... 41
................................... 42
................................... 42
ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES .............................................. 43
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 ........................
6.9 Waiver..
.10 Contractor's Investigation..........
12.11 Condemnation ............................
12.12 Notice .........................................
12.13 Representative of the Parties......
LE 13. MISCELLANEOUS AGRE]
13.1 Entire Agreement
13.2 Section Headings
13.3 AWrences to LaN
t
................................... 43
................................... 43
................................... 43
................................... 43
................................... 44
................................... 45
................................... 45
................................... 45
.. ......... .........
....................... ......... 46
................. ......... 46
.. ................. ......... 47
..................... ....... 47
....................... ....... 47
....................... ......... 47
...................... ..`... 47
............... 47
13.6
Severability..........................................................................................................47
13.7
Counterparts.........................................................................................................47
13.8
Exhibits................................................................................................................
47
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 a 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.
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 than annually, City may audit or cause to be audited
MRF performance or City diversion rates and other AB 939 requirements.
Exhibit C-1
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 new 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, Contractor to print; goal is Multilingual.)
3. As part of the Residential Sector Education and Information Program, schedule and
publicize community meetings, cable shows, displays and MRF tours. (Residential
includes "multi -family.")
4. * partofthe School Curricula Programis , design and r entat s for 11
school districts (and school clubs upon request) within West vina, educ e
children and staff on reduction, reuse and recycling. Contra for also sh chedule
MRF tours.
5. As part of the Nonresidential Program, prepare aid distri te, at leas uarterly,
bulletins, mailers and articles, directly or through community 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.
6. 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
EXHIBIT E
Maximum Service Rates
[Athens to insert]
Exhibit G-2
ATTACHMENT NO.2
OPTION 2: SB 1383 IMPLEMENTATION ONLY
AMENDED AND RESTATED
FRANCHISE AGREEMENT BETWEEN
THE CITY OF WEST COVINA
AND
Final [ ], 2022
JD OTHER
HEREIN
AMENDED AND RESTATED AGREEMENT
THIS AMENDED AND RESTATED FRANCHISE AGREEMENT ("Agreement"), made
and entered into as of the day of , 2022, 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 organic waste within the City; and
WHEREAS, pursuant to Section 12-17(a) of Chapter 12 of the West Covina Municipal
Code, the City is authorized to provide collection of solid waste, recyclables, and organic waste
within the City by exclusive franchise; and
WHEREAS, in May 1999, the City Council of the City of West Covina approved the
Amended and Restated Agreement between the City of West Covina and Contractor, which was
modified in ten subsequent amendments addressing changes deer d necc, ary by the Parties from
time to time; and
WHEREAS, the City, for the purpose of ensuring the continued protection and p ervation
of the public health, welfare, and convenience of the people of the City, deems it a sable to
continue to provide for the collection of solid waste, recyclables� and organic waste, 'thin the
City by exclusive franchise contract with Contractor; and,
I
WHEREAS, the Legislature 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
divert solid waste from landfills, including recyclable materials and organic waste; and
WHEREAS, the foregoing changes in law necessitate certain modified or additional services
in order to bring 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, the provision of solid waste collection 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 Contractor has such
experience, and it is in the City's best interest for the Contractor to collect solid waste; and
WHEREAS, this Amended and Restated Agreement upholds the spirit of City and
Contractor's original Agreement, and provides the modifications and service enhancements
necessary for compliance with changes in law set forth herein; and
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 Franchise................................................................. 7
4.2 Prior Agreements and Amendments .....................Error! Bookmark not defined.
4.3 Franchise Fee Agreement...................................................................................... 9
4.4 Annual Payment for Discretionary Use................Error! Bookmark not defined.
ARTICLE 5. Wn
TION SERV ES........... ....
5.1 �ner................... ..................................................5.2 Conti.................. ................. ............................ .........
5.3 Resida Collectio S ces.......... .......................... ....... 10
5.4 CommCollectio ...... ............... ...... ................. .......11
5.5 City Facilities Collection .......... ........ .............. ........ ................. ....... 11
5.6 City Beautification................................................. .......................... ...... 12
5.7 Contractor's Inability to Provide Service .............. ............................ ...... 13
5.8 Hours of Collection ............... .. ... ............................ ... 13
..............
5.9 Collection Standards 13
fitterAbatement.................................................................................................. 14
5.11 Transportation, Processing and Disposal of Solid Waste .................................... 14
5.12 Vehicles................................................................................................................15
5.13 Solid Waste Containers........................................................................................ 16
5.14 Personnel..............................................................................................................18
5.15 Hazardous Waste................................................................................................. 19
5.16 Review of Performance and Quality of Service and Industry Changes ............... 19
5.17 Transition to Three -Container Collection System ............................................... 20
5.18 Organic Waste Program....................................................................................... 20
5.19 Contamination Protocols...................................................................................... 22
5.20 Food Recovery Assistance................................................................................... 23
ARTICLE 6. OTHER COLLECTION -RELATED SERVICES, STANDARDS
ANDAGREEMENTS................................................................................... 24
6.1 Billing.................................................................................................................. 24
6.2 Annual Reports.................................................................................................... 25
6.3 Annual Audit........................................................................................................ 25
-i-
TABLE OF CONTENTS
(continued)
Page
6.4
Recordkeeping.....................................................................................................
26
6.5
Right to Inspect Records......................................................................................
26
6.6
Inspection by City ................................................................................................
26
6.7
Public/Customer Service and Accessibility .........................................................
26
6.8
Service Complaints..............................................................................................
27
6.9
City's Right to Change Scope of Work...............................................................
27
6.10
Title to Solid Waste.............................................................................................
27
6.11
Nondiscrimination................................................................................................27
6.12
Change in Collection Schedule............................................................................
28
6.13
Report Accumulation of Solid Waste; Unauthorized Dumping ..........................
28
ARTICLE 7. CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF
1989 (`AB 939'): OPERATIONAL AND REPORTING
REQUIREMENTS......................................................................................... 28
7.1 Implementation of SRRE..................................................................................... 28
7.2 Other Recycling Programs................................................................................... 28
MRF/'Tpnsfer Station Proposal ....... ................. ....
Diversion Guarantee ....................... ................. ...........
7.5 Annual AB 939 Reporting Require ts.................T
7.6 AB 939 Staffing Position ............. .. ................. ........................... 3
7.7 Public Outreach Program ......................................... .............
.I........ ........ 30
7.8 Use of Recycled Materials................................................................... 30
7.9 Participation in In egrated Waste Manag ent Pro am Fugding
Agreement......... ................................................................ 307.10 Change in Laws ... ............................. ........... ......................... 30ARTICLE 8. SERVIC,� RA ND E' IEW... ......... ......................... 31
Rates........................................................................................................................... 31
8.2 Special Rate Adjustments.................................................................................... 31
8.3 Procedures Upon Invalidation of Rate Adjustment ............................................. 32
8.4 Intentionally Omitted............................................Error! Bookmark not defined.
8.5 Publication of Rates............................................................................................. 32
8.6 Intentionally Omitted............................................Error! Bookmark not defined.
ARTICLE 9. INDEMNITY, INSURANCE, BOND........................................................... 32
9.1 Indemnification of City ........................................................................................ 32
9.2 Insurance.............................................................................................................. 33
9.3 Faithful Performance Bond.................................................................................. 36
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....................................................................... 38
TABLE OF CONTENTS
(continued)
11.1 Events of Default...........................................................
11.2 Right to Terminate Upon Default ..................................
11.3 Possession of Property Upon Termination ....................
11.4 City's Remedies Cumulative: Specific Performance.....
11.5 Excuse from Performance ..............................................
11.6 Right to Demand Assurances of Performance ...............
Page
................................... 38
................................... 39
................................... 39
................................... 39
................................... 40
................................... 40
ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES .............................................. 41
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 ........................
6.9 Waiver..
.10 Contractor's Investigation..........
12.11 Condemnation ............................
12.12 Notice .........................................
12.13 Representative of the Parties......
LE 13. MISCELLANEOUS AGRE]
13.1 Entire Agreement
13.2 Section Headings
13.3 AWrences to LaN
t
................................... 41
................................... 41
................................... 41
................................... 41
................................... 42
................................... 43
................................... 43
................................... 43
43
44
......... ......... 44
....................... ......... 44
................. ......... 44
.. ................. ......... 45
..................... ....... 45
....................... ....... 45
....................... ......... 45
...................... ..`... 45
............... 45
13.6
Severability..........................................................................................................45
13.7
Counterparts.........................................................................................................45
13.8
Exhibits................................................................................................................
45
AMENDED AND RESTATED AGREEMENT
THIS AMENDED AND RESTATED FRANCHISE AGREEMENT ("Agreement"), made
and entered into as of the day of , 2022, 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 organic waste within the City; and
WHEREAS, pursuant to Section 12-17(a) of Chapter 12 of the West Covina Municipal
Code, the City is authorized to provide collection of solid waste, recyclables, and organic waste
within the City by exclusive franchise; and
WHEREAS, in May 1999, the City Council of the City of West Covina approved the
Amended and Restated Agreement between the City of West Covina and Contractor, which was
modified in ten subsequent amendments addressing changes deer d necc, ary by the Parties from
time to time; and
WHEREAS, the City, for the purpose of ensuring the continued protection and p ervation
of the public health, welfare, and convenience of the people of the City, deems it a sable to
continue to provide for the collection of solid waste, recyclables� and organic waste, 'thin the
City by exclusive franchise contract with Contractor; and,
I
WHEREAS, the Legislature 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
divert solid waste from landfills, including recyclable materials and organic waste; and
WHEREAS, the foregoing changes in law necessitate certain modified or additional services
in order to bring 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, the provision of solid waste collection 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 Contractor has such
experience, and it is in the City's best interest for the Contractor to collect solid waste; and
WHEREAS, this Amended and Restated Agreement upholds the spirit of City and
Contractor's original Agreement, and provides the modifications and service enhancements
necessary for compliance with changes in law set forth herein; 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, shall apply; and
WHEREAS, City desires to maintain maximum flexibility in this Agreement to meet
rapidly changing solid waste disposal and diversion laws and regulations.
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; DELEGATION OF AUTHORITY
A. Whenever any term used in this Agreement has been defined by the provisions of
Chapter 12 of the West Covina Municipal Code, the definitions contained in said Code shall govern
the meaning of such words for the purpose of this Agreement, unless any such word is otherwise
sWecifically defined herein or unless it is obvious from the context hereof that another "dn
is
necessarily intended.
B. The administration of this Agreement shall be under the supe i ion an
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") unless otherwise stated or specified.
0 C. As used herein, "Recyclables" shall mean items which cot}d 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, although called "Recyclables" in the Agreement, the California courts
have determined that such "Recyclables" become "Solid Waster' 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,
Bulky Items do not include abandoned automobiles and other vehicles, Construction and
Demolition Waste, bags of Solid Waste, or Exempt Waste.
2
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. "Construction and Demolition Waste" or "C&D" means Solid Waste consisting of
building materials, packaging and rubble resulting from construction, remodeling, repair, and
demolition operations on pavement, residential, commercial or industrial premises, buildings, and
other structures, and land clearing operations.
I. "Contamination" means any of 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 Organic 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
sW be determined by Contractor's visual or digital
* spection.
J. "CPI" or "Trash CPP' means the Consumer Price Index fo T rsh"Garbae
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.
A
K. "CPI-U" means the Consumer Price Index for all urban consumles
Los
Angeles -Long Beach -Anaheim- area, non -housing, or an equivalent index approutual
agreement in the event said index is no longe�ublished.
MA L �`"Edible' Food" means food intended for human consumption. For 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.
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 facility as defined in
Section 113842 of the Health and Safety Code. If the definition in 14 CCR Section 18982(a)(25)
for Food Recovery Organization differs from this definition, the definition in 14 CCR Section
18982(a)(25) shall apply.
P. "Food Recovery Service" means a person or entity that collects and transports
Edible Food from a commercial edible food generator to a Food Recovery Organization or other
entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26).
Q. "Food Waste" means food scraps and trimmings and other putrescible waste that
results from food production, preparation, storage, consumption, or handling. For the avoidance
of doubt, Food Waste includes, without limitation, meat, fish, and dairy wastes; fruit and vegetable
wastes; grain waste; and compostable food -contaminated paper products.
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.
t S. "Green Waste" or "Yard Waste" means Solid Was a con g e
waste generated from the maintenance or alteration of residential, com r al, or indus 1
premises including, but not limited to, grass clippings, leaves, tree trimmings, prunings, bins ,
weeds, flowers, herbs, and holiday trees. `
T. "Gross Receipts" means any /and all revenues recei from billings, and
compensation in any form, received by Contractor or subsidiaries, pare t companies or other
affiliates of Contractor, for the collection and transportation of Solid Waste pursuant to this
Agreement, in accordance with generally accepted accounting principles, including, but not
limited to, customer fees for collection of Solid Waste, without subtracting City fees. Sales revenue
from the sale of Recyclable Materials to third partieAs excluded from Gross Receipts for the
purpose 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
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. "Illegal Containers" means those commercial bins or containers for the temporary
accumulation of Solid Waste resulting from temporary activities on any premises, including but
not limited to waste from the demolition or construction of a building, that are authorized for use
by City or Contractor in violation of the Municipal Code.
0
X. "Multilingual" means more than two languages, including English, Spanish, and
Mandarin, or any other languages as mutually agreed upon by the Parties.
Y. "Municipal Code" means the West Covina Municipal Code.
Z. "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.
AA. "Organic Waste Processing Facility" means a Contractor -selected 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.
BB. "Residential Premises" means single family dwellings and multi -family dwellings
of four units or less.
CC. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health
and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division
3nf the Public Resources Code, establishing methane emission eduction targets in a statewide
effort to reduce emissions of short- ' d climate pollutants as amended, supplemented, supersede,
and replaced from time to time. L
DD. "Sludge" means;ssing
late solids, residues, rand pre4pitates generated as a
result of waste treatment or pro, including wastewater treatment, water supply treatment,
or operation of an air pollution &trol facility, and mixed liquids and solids pumped from septic
tanks, grease traps, privies, or lar disposal appurtenances or any other such waste having
similar characteristics or effects. ,
E1010"Solid AimikLmeans all putrescible and non-putrescible solid, semisolid, and
liquid wastes, including Garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
Construction and Demolition wastes, abandoned vehicles and parts thereof, discarded home and
industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not
hazardous waste, Exempt Waste, manure, vegetable or animal solid and semisolid wastes, and
other discarded solid and semisolid wastes, 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, Bulky Items, Organic Waste, Recyclables, and White Goods.
FF. "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.
GG. "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
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.
HH. "White goods" means enamel -coated major appliances, such as washing machines,
clothes dryers, hot water heaters, stoves, and refrigerators.
ARTICLE 2. REPRESENTATIONS AND WARRANTIES OF THE
CONTRACTOR
2.1 Corporate Status
Contractor is a corporation duly organized, validly existing and in good standing under the
laws of the State of California. It is qualified to tram ct business in the State of California and has
thecorporate power to own it properties and to c on its bus d
and as required by this A emen 1
2.2 Corporate Authorizatio AW
Contractor has the authority to enter into and perform its obligations under this Bement.
The Board of Directors of Contractor (or the shareholders if necessary) have taken actions
required by law, its articles of incorporation, bylaws or otherwise to authorize the e ution of
this Agreement. The persons signing this Ag ement on behalf of Contractor have an ty to do
SO.
J
ARTICLE 3. TERM OF AGREEMENT
3.1 Effective Date and Term of Agreement
A. The term 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 October 16, 2023.
0
During the thirty (30) day period following notice of intent to terminate, the terminating
Parry shall hold at least one meet and confer session in the boundaries of the City or within a five -
mile radius from City's City Hall during normal business hours at a time and place proposed by
the non -terminating Parry. 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, (i) Contractor shall cease any City Improvement Fee due or owing for the
remaining term of the Agreement and (ii) City Beautification Services shall no longer be provided
by Contractor to City free of charge, and Contractor shall charge City then -existing rates for City
Beautification Services, which shall be exclusively provided by Contractor.
C. Notwithstanding any provision in this Agreement to the contrary, the notice of
termination shall not become effective if the Parties mutually agree to approve and execute an
amendment to this Agreement.
3.7. Conditions to Effectiveness of Agreement
The obligation of City to permit this Agreement to become effective and to orm Is
undertakings provided for in this Agreement
ement is s� ject to Contractor's satisfaction of and all
of the conditions set out below.
Accuracy of Representations. The representations and warrantee a( by
ConOcA.
tor in Article 2 of this AgrVment are true and coIect on and as of the Effecti at
B. Absence of Litigation. There is no litigation pending on the Effective e in any
court challenging the away or exertion of this Agreement or seeking to restrain join its
performance. �
ARTICLE 4. FRANCHISE
4.1 Grant of Franchise: Scope of Franchise
A. Grant of Franchise. The City hereby grants unto the Contractor, and the
Contractor shall 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 in 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,
7
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
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 intended to or shall be construed
to excuse any person from obtaining any authorization from the City which is 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.
2. By-products of sewage treatment, including sludge, grit and screenings.
Residue or non-proces
-covert', composting and
or donate recyclables
wasLwto
Hazardous waste.
waste fromsolid waste
191
facilities except as
Individual households, school districts and commercjal business ay sell
separated 17
from the solid waste stream or may co ost yard
To the extent not addressed in the foregoing, Exempt Waste.
D. Furthermore, the provisions of this Agreement shall not preclude or prohibit City
or any officer of employee thereof or any public entity delegated the ability to do so by the City
Council from itself collecting, removing, disposing or diverting of Solid Waste, Recyclables, and
Organic Waste, in the regular course of their respective duties as such officers or employees;
notwithstanding, the City shall be responsible for reporting all such diversion.
4.2 Compliance with AB 939
This Agreement is intended to carry 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.
0
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 or truck fees that are collected
by the City except as set out under Section 7.3.
4.4 Annual Payment for Discretionary Use
Contractor agrees to make on November 1 of each year of the term of this Agreement, an annual
payment of $300,000 per year ("Annual Payment"), to be used at the discretion of the City;
provided, however, that the requirements of this Section 4.4 shall become void and of no further
force and effect upon any termination by the City of the one-year renewal and extension period set
forth in Section 3.1 of this Agreement.
1
AR LE 5. WnELECTION SERVICES M"
5.1 General
The services set forth herein are in addition to those in Article 7 and the remain of this
Agreement. The work to be done by Contractor pursuant to this AgreeTent shall ude the
furnishing of all labor, supervision, equipment, materials, supplies, and all other item cessary
to perform the services required. The enumeration of, and specification of requir nts for,
particular items of labor or equipment shall not relieve Contractor of the duty to furnis 1 others,
as may be required, whether enumerated or not.
The work to be done by Contractor pursuant to this 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 Waste, Recyclables, and Organic Waste collection and diversion
services at all times. The enumeration of, and specification of requirements for, particular aspects
of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the
manner provided in this Section, whether such other aspects are enumerated elsewhere in the
Agreement or not.
The Contractor agrees to submit route maps for all collection routes to the City Manager for review
and approval. Start and end points for each daily route are to be clearly indicated.
All collection services hereunder shall be automated.
5.2 Contingency Plan
Contractor shall maintain and submit to City as requested, a written contingency plan
demonstrating Contractor's arrangements to provide vehicles and personnel and to maintain
0
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.
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 this service 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
but not be, limit large items that i lude or air f
hairs, sofas,
fas, mattresses, rugs, etc.
AT- washers, dryers, water heaters, ng, refrig tors, s, small usehold
tc. �
ResideJWoaste - tre nches, scrContras b effo divert/ cycle all
in a pron nique
Bulky Items specifically exclude auto parts and bodies, liquid waste, manure and rocks, sod,
concrete and similar materials, and Exempt Waste.
All Bulky Items shall be collected at the curb or alley, including those from condominium, stock
cooperative or community apartment projects.
In addition to the weekly pick up of Bulky Items as provided for herein, Contractor upon request
will schedule a quarterly Bulky Item pick up at 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 provided for in this paragraph.
Additional special rates may be charged by the Contractor for the collection of other items of a
dissimilar nature to those 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.
10
Placement of bins in the street from residential scout service shall be limited to not more than one
(1) business day.
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 than 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
sgWiali Sne
ms.
Bins placestre7besteffo
ciaUindustri�f scout servic"maynot let there more than
one business day.
Con actor shall use its divert or r ycle aterials cllect der this Section.
5.5 City Facilities
A. Services Provided by Contractor. At no cost to the City, Contractor s a 1 collect
and dispose of all Solid Waste, Recyclables, and Organic Waste generated at premises owned
and/or operated by the City, including all City parksy or as otherwise designated by the City.
Contractor shall make 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 diversion 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.
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 MU processing and the associated recycling
program.
11
5.6 Annual Cleanup, Christmas Tree Collection and Illegal Hauling.
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 at locations in districts designated by the City Council and agreed
to by Contractor, pick up and remove from Residential Premises 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 customer: (i) furniture — chairs, sofas, mattresses, rugs, etc.; (d) appliances — washers,
dryers, water 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 for
collection as part of the Annual Clean-up Campaign and for recycling at the source.
B. Christmas Tree Collection. Contractor shall collect all Christmas trees on the first
two scheduled pickup days after New Year's Day. Trees shall be diverted for deposit at a green
waste or composting facility.
C. Illegal H uling. In the event an unauthorized provider of Solid Waste services s
out containers anywhere in the City, in violation of the exclusivity provision set forth in Secti n
4.1 of this Agreement, the City hereby delegates to Contractor the authority to remove and
impound such containers. The delegation of authority to remove and impound such containers
shall remain in effect until such time as City provides written notice to Contractot at such
delegation has been revoked, and shall be subject to the following: ■
9 1 Reimbursement of Costs. Contractor shall submit an invoice to City
detailing any related to removal, transport, and storage associated with housing Illegal
Containers in ing (i) $750 per container retrieval, adjusted annually by the percentage increase
in CPI for the prior 12`-month period (March of the ci#ent year to March of the pMr year plus
one percent (1%) (i.e., CPI +1); (ii) plus applicable disposal, processing, or similar fees and any
storage costs. City shall reimburse Contractor for such amounts within ninety (90) days of the
invoice.
2. Right to Refuse. Contractor may decline any City request to collect, store,
or otherwise respond to any City request arising from an Illegal Container.
3. Indemnification. Notwithstanding any provision in this Agreement, City
agrees to defend, indemnify, and hold harmless Contractor against all suits and causes 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 consultants), and
damage or liability of any nature whatsoever arising from the collection, transportation, and
storage of any Illegal Container, except to the extent any such claims, demands, losses, expenses,
damages or liability arises from the negligence or willful misconduct of Contractor.
4. 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
12
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 diversion requirement applicable to Contractor.
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 Section 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 hold 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 excing the hours specified in the Municipal Code for such
colctions. Saturday se begin before 00 a.m. � M
5.9 Collection Standards
A. Care of Private Property. Reasonable care shall be ujd by the Contractor'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 collktion containers after emptying thereof shall be returned to within
five (5) feet of the location from which the a were ed up by the Contractor's employees,
upright (wit s properly secured)
Contractor's employees shall use all reasonable means to ensure containers are not deposited in
any driveway, sidewalk, or street, other than the curb. Contractor shall ensure that its employees
close all gates opened by them in making collections, unless otherwise directed by the customer,
and avoid crossing landscaped areas and climbing or jumping over 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
13
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.
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
A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste,
Reec�c 'clables, and Organic Waste, from being spilled or scattered during the collection or
tranhportation process JVy Solid Waste, Recyclables, and Organic Waste are spilled during
collection, the Conk actor shall promptly clean up all spilled materials.
B. Clean Up. During the collection transportation process, the Contractor shall clean
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 repeated spillage not caused by it directly with the customer
responsible and will report such instances to the City. City will attempt to rectify such situations
with the customer if Contractor has already attempted to do so without success.
Covering of Loads. Contractor shall cover all open debris boxes and compactor
openings during transport to the disposal site or any processing facility. No material shall be
transported to the disposal site or any processing facility in vehicle hoppers.
5.11 Transportation, Processing 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.
B. 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.
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.
14
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.
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
iq.& re performance of t�is 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 sed only for Solid Waste, Recyclables
and/or Organic Waste collected within West Covina.
R B. s ecifications. All vehicles used by Atrain providing S"Wfaste,
y and Organic Waste collection serviceered with t ornia
Department of Motor Vehicles and shall meet or exceed all legal standards. 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
(i) a copy of its biennial Basic Inspection of Terminals (`BIT") inspection conducted by the
California Highway Patrol and (ii) 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., in its annual report made pursuant to Section 6.2.
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.
15
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.
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 to the satisfaction of the City as deemed by the City Manager in his or
her sole discretion. 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 vehicle 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 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
sty records available to the City Manager upon rest to tlw s a,""e
inspections described in Sections 6.5 and 6.6.
4. Repairs. Contractor shall repair, or arrange for the repair of,'All of its
vehicles and equipment, including dents or other body damage, for which repairs are needed
because of accident, breakdown or any other caak�se so as to maintain all equipment in a neat, safe
and operable condition. If an item of repair iff covered by a warranty, Contractor shall obtain
warranty performance. Contractor shall maintain accurate records of repair, which shall include
date/milage, nature of repair and the signature of a maintenance supervisor or mechanic that the
repair has been properly performed.
go-5. MMM"Y. M*Mnhall fuThish sufficienfequipment fS#*de all
service required under this Agreement, including backup collection vehicles. Upon written request,
Contractor shall furnish the City a current vehicle inventory.
6. Storage. Contractor shall arrange to store all vehicles and other equipment
in safe and secure locations(s) in accordance with City's applicable zoning regulations if stored
within the City.
E. 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:
16
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
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 subject to a service charge as specified
in Exhibit "E" as amended.
5. Contractor shall fulfill the request to chIT containers within one (1) week
on ceipt'We written request unless circumstances beyond Contractor's control prevent such a
response or the City rejects a request to change containers.
6. Additional containers of either sixty-four (64)-gallon or ninety (90)-gallon
size shall be provided by the Contractor at th written request of the customer subject to the
additional monthly rates specified in the Exhibf"E" as amended.
ro
7. Contractor shall make the appropriate adjustments to the tomer's
acc t to refle a change in container siz rorating a billing to the first of the ne t month
fro e dat equest�ece1ved. wAhhh'
8. Contractor shall provide container roll -out service for disabled customers at
no charge, as outlined in Section 5.3 of the Agreement.
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 be subject 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
automated waste collection program, the Contractor shall use a Multilingual red tag to so advise
the customer.
11. Notwithstanding the foregoing, the number of containers provided to
customers receiving services hereunder may be adjusted in accordance with Section 5.17.
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
17
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. Contractor shall replace, clean or repaint all
commercial containers as deemed necessary by the City Manager but no more than once every
twelve (12) months 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.
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 services required by this
Agreement in a safe and efficient manner.
B. Driver Qualifications. All drivers shall be trained and qualified in the operation
oiltollection vehicles and must have in effect a valid license, of the appropriate class, issued by
the California Departme f Motor Vehicles.
kisI 1
C. Identification Badge. Contractor shall require its drivers, and all other ployees
who come into contact with the public, to wear a uniform as a means of identifying th ployee.
D. Safety Training. Contractor shall provide suitable operatiqnal and safe training
for all of its employees who utilize or operate vehicles or equipment for collection of Solid Waste,
Recyclables, and Organic Waste, or who are otherwise directly involved in such collection.
Contractor shall train its employees involved in Solid Waste, Recyclables, and Organic Waste,
collection to identify, and not to collect, hazardous or infectious waste.
E. No Gratuities. Contractor shall not permit its employees to demand or solicit,
directly or indirectly, any additional compensation or gratuity from members of the public for the
collection of Solid Waste, Recyclables, and Organic Waste under this Agreement.
F. Employee Appearance and Conduct. All employees, while engaged in the
collection or 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.
Contractor shall use its best efforts to ensure that all employees present a neat appearance and
conduct themselves in a courteous manner. Contractor shall regularly train its employees in
customer courtesy, shall prohibit the use of loud or profane language, and shall instruct collection
crews to perform the work as quietly as possible. If any employee is found not to be courteous or
not to be performing services in the manner required by this Agreement, Contractor shall take all
appropriate corrective measures.
G. Provision of Field Supervision. Contractor shall designate one qualified
employee as supervisor of field operations. The field supervisor will devote at least fifty percent
Ra
(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
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.
If the waste is delivered to the disposal site before its presence is detected and the 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
frQn the customer, an f this effort, as we�as the cosal o
the customer. `
B. Residential Hazar s Waste Collection. Contractor shall coordinatg �4ith Cr
and County to assist in any Household Hazardous Waste or similar residential hazardous waste
collection by County. If the County fails to provide such service during the term of the Agreement,
as requested by City Manager, Contractor shall arrange for an acceptable licensed hazardous waste
roundup at a central location within the City. Fees for this service shall be negotiated between the
City and Contractor.
5.16 Rev'Reviaw of Performance a"ofServicIndustr Chan es
Ow i
A. At the City Council's sole option, with sixty (60) days 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 than annually.
B. 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.
19
5.17 Transition to Three -Container Collection Svstem
At any time during the Term of this Agreement, 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 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 efforts 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 provided herein.
B. Default Service.
Residential. Contractor will permit customers at Residential Premises to
commingle so separated Green Waste, Food Waste, food -soiled paper products, clean wool,
and lumber onl containers designated for Organic Waste.
2. Commercial/Industrial. Forktomers at commercial and industrial
premises, Contractor shall collect one (1) thirty-five (35)-gallon container for source -separated
Organic Waste one (1) time per week. Based on a waste assessment performed by Contractor,
Contractor may adjust the foregoing default level of service to any one of the 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) cubiyards in size; and (iii) one (1) metal roll -off container with a capacity of ten (10)
orfnore cubic yards.
3. Exemptions. The Organic Waste program specified herein shall not apply
to customers who may be exempt from SB 1383, as determined by the City pursuant to applicable
state law.
4. Collection Routes. Contractor may collect source -separated Organic Waste
from multiple cities within one (1) Organic Waste route and, if so, will report source -separated
Organic Waste tonnage among the cities by volume.
5. 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,
20
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.
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, Contractor will provide an
annual report of the following (i) the average daily gross tons of Organic Waste 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 Audr s. On a quarterly basis, Contractor shall conduct u a audi�esign d
to monitor, observe, and, if necessary, recommend route changes or service adjustmentllLb reduce
Contamination in containers provided to custom rs.
G. SB 1383 Procurement. As plof City's effort b satis annual procurement
requirements specified in SB 1383, Contractor shall have the option to, (i) levels commensurate
with those required in the City under SB 1383, assist the City in the procurement of Renewable
Natural Gas (RNG) for collection vehicles used by Contractor in the City, and/or (ii) provide
twenty (20) tons of compost or mulch, delivered to a location selected by the City. Should products
such as greater quantitles of Mmpost, other or additional biofuets, 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 and 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 18982; 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
21
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
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 order to prevent Contamination, Contractor shall implement the protocols as specified herein.
A. r First Contamination Event. Upon the first dis"Mery of Contamination within a
given calendar year starting January 1, Contractor will collect the contaminatep 'taste if safe to to
so, treat the waste as Garbage for handling and billing purposes, and 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 ovent 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 Customer may be charged a contamination fee for
each contaminated container and Contractor may increase the size of the customer's container or
require an additional contaAT(s). Contractor must als9-contact the Customer by prone, 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.
B. Second Contamination Event. Upon the second discovery of Contamination
within a given calendar year starting January 1, the protocols specified in Section 5.19(A) shall
apply.
C. Third Contamination Event. Upon the third discovery 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 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.
22
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
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
crwtomer's written dispute, and Contractor must include 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 decisiop on resolving the
dispute between Customer and Contractor will be final.
5.2 Food Recovery Assistance / I I
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 City a list of such customers, which shall include: Customer name;
service address; contact i nation; Tier One_g Tier T classification; and type ofbusiness.
B. Assessment. Commencing [insert date], and annually thereafter, Contractor shall
support City in its efforts to 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 Article 10. Commencing January 1, 2024, and at least annually thereafter,
Contractor shall expand its annual assessment to include Tier Two Commercial Edible Food
Generators.
C. 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
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 sums 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. The 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 which may become due to the Contractor for the
collection or removal of Solid Waste, Recyclables, and Organic Waste, under the terms of this
Agreement, provided that if an account is delinquent for more than ninety (90) days, the City will
eWe that such account is billed on the City's pro�rty tax ro�th�e
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 services or wheikesidential Premises are vacant for at least a one
(I) -month period and prior notice of such vacancy has been given to the Contractor. Termination
of services as referred to in this Section shall not include termination 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, Mid the Contractor will work'in good faith
with individual customers to reasonably satisfy such requests.
As 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. These messages 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 to 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
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, at
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 charges from time to
time, however, once any billing format is approved by the City Manager, if any 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 fee except with the written consent
of City Council.
The Contractor may assess penalties for late payments and collection of delinquent 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 City in
writing of its intent to discontinue service not less than ten (10) business days before such
dic�ontiny�jQ�shall orcur.�W. 6.2 Annual Reports
The Contractor shall submit annurfports with respect to its operations (including but not limited
to NW operations) pursuant to,V Agreement. The annual reports shall be submitted not later
than four (4) months following the end of the %ntractor's annual accou mg period. The report
shall be in a format which will allow the City Manager and City Council to ompare the operations
of the Contractor with the franchise fee paid. As part of the report, the Contractor shall calculate
the actual franchise fee owed, 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
fifflLhise fees actually owed for the annual period. Thitreport shall also include cufiomer billing
information by class of service and number of services, and if applicable, BIT inspection results.
6.3 Annual Audit
At the request 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
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 audit or inspect under the
business license ordinance.
6.6 Inspection by City
The City Manager shall have the right to observe and review Contractor's business operations and
enter premises for the purposes of such observations and review at all reasonable hours with
reasonable notice.
6.7 Public/Customer Service and Accessibility
A. Office Location. Contractor shall provide a business office for purposes of
carrying out its obligations under this Agreement. Tismain off3Mshall be to fd at 14048 Valley
Boulevard, City of Industry, California 91715.
TT
B. Office Hours. Contractor's officeAthiabe open to public from 7 a. o 5 p.m.
Monday through Friday. The office may be closed on Saturdays and Sundays and tho olidays
recognized by the 0Contractor.
C. Availability of Representatives. A representative of the Contract shall be
available at the Contractor's maiUsa
g office hours to communicate with t ublic in
person and by telephoEW go- ne.
D. Telephone. Contin Xoree *teep one system in operation at
its main office at all times. Contractor shall install telephone equipment, and have available service
representatives sufficient to handle the volume of calls typically experienced on the busiest days.
Telephone service shall be 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
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 a bona fide community group upon request of the City Manager.
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 provide at least one (1) payment
center in the City of West Covina for the purposes of accepting payments from customers.
6.8 Service Complaints
The Contractor agrees to maintain a written log of all oral and written service complaints registered
with the Contractor from customers within the City. Contractor shall be responsible for the prompt
and courteous attention to, and prompt and reasonable resolution of, all customer complaints.
Contractor shall record in a separate log all written and oral complaints, noting the name and
address of complainant, date and time of complaint, nature of complaint, and nature and date of
resolution. This complaint log shall be retained by the Contractor or at least ontlear after the
last entry the City Manager review the log at any reasonable time.
Contractor shall respond to all plaints from customers within twenty(24) hou ,
weekends and holidays excluded. particular, a complaint involves a failure to collect Solid
Waste, Recyclables, and Organi Ste from a emises, required by this Agreement, Contractor
shall collect the Solid Waste, Recyclables, and Organic Waste, in question within such
twenty-four (24) hour period, p *ded it has delivered for collection in accordance with the
Municipal Code or this Agreem
6.9 Ci ht to Ch n e S of rk
I I JL
The City Manager or City Council may require changes in collection or disposal methods and upon
mutual agreement of the Parties, the Contractor shall comply, provided that if such changes result
in increased costs to the Contractor, the Contractor shall have a right to apply for a rate review and
adjustment pursuant to Article 8 of this Agreement.
6.10 Title to Solid Waste
It is expressly understood that all Solid Waste becomes the property of the Contractor when placed
for collection.
6.11 Nondiscrimination
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
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 collection; 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.
ARTICLE 7. CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF
1989 ("AB 939"):
REQUIREMENTS
7.1 Implementation of SR
T
Contractor shall implement andImtain the at
set out on Exhibits A and C, as amended.
7.2 Other Recycling Programs
At the request of City, Contractor shall
Cily parker y
TIONAL AND
the current bins used for recyc
REPORTING
In addition, the Contractor and City Manager or his or her designee shall agree on the schedule,
format, and content of additional programs to be implemented.
7.3 MRF/Transfer Station Proposal
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 indemnify, 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
m
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 shall record 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 unprocessable 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
MRFPTransfer Station.
Residential Solid Waste — Solid Waste originating from single -and multiple -unit dwellings.
Single -unit tonnages are to be accounted for separately from multi -unit tonnages. In those cases
where multi -unit accounts are commingled with material from other waste sources Contractor will
beTesponsible for developing a reasonable methodology for estimating such multi -unit tonnages
which is acceptable to the�ty Manager (e.g., [container yardage] X [frequency] 1 [% of capacity]
X [assumed density]). 11
Commercial Solid Was Solid Waste originating from shies, business offices,
co rcial warehouses, hospitals, educational, health care, military, and correctional institutions,
non fit research organizations, goveI
t offices ,
Industria lid Waste — A olid placed in debris boxes.
Other Sources : Solid Waste originating from such sources 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
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, brochures, as set out on Exhibit D, attached
and incorporated herein.
7.8 Use of Recycled Materials
Whenever possible Contractor shall use recycled paper as part of all publicity, billing, and other
management and operational activities associated with the performance of this Agreement.
Opportunities for use of other recycled materials, including but not limited to the purchase of
cmmmm
oirectioMhers with recycled material content shall also ee p i ed, with a cost/benefit
analysis provided to the City Manager.
The Contractor shall pay $55,000 per year to the City of West
Waste Management Program subject to the fol�ving conditions
B. The finding amount shall be adjusted each year according to CPI. If the City
Council approves an increase in the Base Rate for the Monthly Collection rate, the Integrated
Waste Management fund contribution from the Contractor shall increase by the same percentage.
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.
D. This funding requirement shall continue until the Agreement is terminated or until
modified with the agreement 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
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, 2023, and annually thereafter on
July 1, the rates provided in Exhibit E shall be automatically adjusted annually 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) of the California constitution, to the extent
applicable.
C. Phase -in. Notwithstanding any provision in this Agreement to the contrary, for the
period beginning July 1, 2023 and ending June 30, 2025, in addition to any other rate adjustment
permitted under this Agreemenrates provided Exhibit E shall
- \ect too sI \al
adjustments specified belo
Period I Residential Premises � Commercial/Industrial
JJ 1, 2023 N/A Annual Rate Adjustment + 2.11 rate
increase
J y 1, 2024 VA in I Annual RE Adju tment + 2.0 rate
Notwithsta he foregoing, noting herein shall constitute theMaiver of Contract right to
seek sped rate adjustments,%s permitted in accordance in Section 8.1(D).
8.2 Special Rate Adiustments
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 Parties, and shall not be unreasonably denied upon Contractor's
demonstration that (i) an event or circumstance occurred 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
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 I 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 Notice, 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 and other City fees. Such monies may be refunded to the City upon mutual agreement
between the Parties. Contractor shall reserve the right to terminate the Agreement without cause or
penalty. T
8.44 ublication of RateJprnior
. 1
The Contractor shall providtten notice to subscribers of rate changes, which ice may
be provided with, or as partr billing. Contractor may provide a hedule of ing fees
along with customer billings.
8.5. Proposition 218.
City intends to comply with all applicable laws concerning the maximum service rates provided
under this Agreement. Upon thorough analysis, the Parties have made a good faith determination
tM the maximum serdice rates for solid waste collection services provided under this Agreement
are not subject to California Constitution Articles XIIIC and XIIID because, among other reasons,
such services are provided by a private corporation and not by the City. Contractor independently
establishes the rates for services within the limits established in this Agreement. In the interest of
consumer protection, the City sets a cap on what the Contractor may charge its customers for the
services it provides to them.
ARTICLE 9. INDEMNITY, INSURANCE, BOND
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 damages or injuries to any person or property, including but
not limited to, injury to Contractor's employees, agents or officers which arise from or are
connected with or are caused or claimed to 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
32
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.
Payment by City is not a condition precedent to enforcement of this indemnity.
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.
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.
Transportation Pollution Liability: $5,000,000 comb e singlnimit r
accident.Coverage shall include Pollution Liability (CA9948) and MCS-9 e dorsee
policy shall provide coverage for transportation of pollutants/contaminan to and from job sites
and the hauling of waste from project sites to the final disposal locatio including non -owned
disposal sites.
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, agents or volunteers; or the Contractor shall
procure an additional letter of credit or bond guarantying payment of losses and related
investigations, claim administration and defense expenses.
C. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1. General Liability and Automobile Liability 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 special limitations on the scope of protection afforded to the City, its officials,
employees or volunteers.
b. The Contractor'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
33