211216 0935 FW_ Los Alamitos New Trash ContractFrom:Peter Grant
To:Peter Grant
Cc:Douglas Dancs
Subject:FW: Los Alamitos New Trash Contract
Date:Thursday, December 16, 2021 9:34:38 AM
Attachments:05A-Integrated Waste Management Services Franchise Agreement.pdf
Mayor and Council (via bcc),
Another complaint about the refuse franchise from Mr. Pardon follows.
Pete
From: George Pardon <georgepardon@gmail.com>
Sent: Wednesday, December 15, 2021 18:59
To: Peter Grant <pgrant@cypressca.org>; Douglas Dancs <DDancs@cypressca.org>
Subject: Los Alamitos New Trash Contract
Peter and Doug,
What am I missing here? I will be sending this to the City Council on Saturday but I wanted to give you a heads
up. With their new contract, Los Alamitos residents will be paying 16% less than Cypress residents are currently
paying and 54% less the newly proposed rates. With the new Los Alamitos deal, residents get 4 bulky item pick-ups
a year and they allow 4 items with each pick-up. Residents also get quarterly Household Hazardous pick up. This
contract complies with the organic waste disposal requirement and is only a 7 year contract. There is a 5% cap on
CPI.
Los Alamitos is only 25% the size of Cypress so it seems like economies of scale doesn’t play into it.
Can you help to understand how the Valley Vista deal is better?
Thanks,
George
714-595-0123
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 6, 2021 ITEM NUMBER: 5A
To: Mayor Mark A. Chirco & Members of the City Council
Via: Chet Simmons, City Manager
Presented By: Ron Noda, Development Services Director
Subject: Franchise Agreement between the City of Los Alamitos and
Universal Waste Systems for Integrated Waste Management
Services
SUMMARY
This report recommends approval of an exclusive franchise agreement with Universal
Waste Systems (UWS) for Integrated Waste Management Services.
RECOMMENDATION
Authorize the Mayor to execute a franchise agreement with Universal Waste Systems
(UWS) for integrated waste management services for an initial term of seven (7) years
from January 1, 2022 to December 31, 2028 with an option exercisable by the City for a
three (3) year extension.
BACKGROUND
The City of Los Alamitos has utilized an exclusive franchise agreement for
approximately the last ten years which includes regularly scheduled collection and
processing of trash, recyclables, organic waste, and street sweeping services. The
City’s current provider, Consolidated Disposal Services, LLC dba Republic Services,
franchise agreement is set to expire on December 31, 2021.
The City requested proposals from qualified solid waste and recycling service providers
for (1) the collection, transfer, processing, recycling, and disposal of barrel-served
residential refuse, and bin-served residential, and commercial sector refuse, (2) the
collection, processing, and marketing of residential and commercial sector recyclables,
and (3) the collection, processing, and acceptable landfill diversion of residential and
commercial organic waste in a manner that is compliant with both Assembly Bill (AB)
1826 and all relevant Senate Bill (SB) 1383 regulations. SB 1383 is a significant
Approval of UWS-City of Los Alamitos Franchise Agreement
December 6, 2021
Page 2 of 4
unfunded State mandate regarding solid waste management that takes effect on
January 1, 2022. The selected provider will be required to prepare and implement a
public education and outreach program at its sole expense that is consistent with the
City’s Source Reduction and Recycling Element (SRRE) and regulatory requirements
established via AB 341, AB 1826, AB 827 and within SB 1383 regulations.
The RFP was advertised in the local newspaper, the City’s website, and notices were
emailed to all haulers providing franchise service to jurisdictions in Orange County, and
to the California Waste and Recycling Association. Nine (9) firms attended the
mandatory pre-proposal meeting held on Thursday, May 26, 2021 with seven (7) firms
submitting proposals.
At the October 11, 2021 meeting, Council discussed and determined that Universal
Waste Systems (UWS) offered the best overall package to the City including feedback
received on customer service, experience, and financial provisions. Based on the
assessment done by the Waste Hauler RFP Review Committee, Council provided
direction for staff to negotiate with UWS.
DISCUSSION
Universal Waste Systems (UWS)
UWS has serviced Los Angeles County since 1986, is one of the largest local family
owned and operated waste services companies, and operates in California, Arizona,
and New Mexico. UWS is an established firm with six (6) operating facilities, transfer
stations, and over 500 employees that services Orange County, Los Angeles County,
and Riverside County.
Term of Agreement
The proposed agreement will run for seven (7) years commencing on January 1, 2022,
with a an option exercisable by City to extend the agreement on the same terms and
conditions for up to three (3) additional years for a potential maximum term of ten (10
years. The agreement obligates UWS to provide a comprehensive array of programs for
the collection of solid waste, recyclables, green waste, large bulky items, and household
hazardous waste from residential and commercial customers. The program for the
collection of organic waste will meet the State law mandates commencing on January 1,
2022.
The proposed agreement also obligates UWS to provide additional services, such as a
monthly sweep of the City for illegally abandoned items, Christmas tree pickups, provide
bins for City sponsored events, and the collection of waste from City facilities, all at no
additional charge. Additionally, UWS via their portable toilet and liquid waste
management division, OH Casey, will provide portable toilets and handwashing stations
for all City sponsored events at no additional charge to the City.
Approval of UWS-City of Los Alamitos Franchise Agreement
December 6, 2021
Page 3 of 4
The proposed agreement includes liquidated damages if UWS breaches specific
obligations during the course of the agreement. Examples of the liquidated damages
include, but are not limited to:
• For each failure to commence service to a new Customer account within seven
(7) days after order: $200.00.
• For each failure to Collect Solid Waste from any established Customer on the
scheduled Collection day and not Collected within the period described in this
Agreement which exceed five (5) such failures annually: $200.00.
• For each failure to Collect Solid Waste, which has been properly set out for
Collection, from the same Customer on two (2) consecutive scheduled pickup
days: $200.00.
• For each failure to initially respond to a Customer complaint within one (1)
business day, which exceeds five (5) such occurrences annually, and for each
additional day in which the complaint is not addressed: $150.00.
• For each failure to process Customer complaints to City as required herein,
which exceeds five (5) such occurrences annually: $200.00.
City Fees
As prescribed in the proposed agreement, UWS will be required to remit the following
fees to the City:
• Franchise Fee – 10% of gross receipts of any kind that are related to the
franchise granted, with the lone exception being revenue from the sale of
recyclable items from the discarded materials managed through the franchise
service. This is an increase from the current 8% Franchise Fee.
• Franchise Monitoring and Compliance Assistance Fee – An annual payment to
the City of $75,000 payable upon execution of the agreement and annually
thereafter on January 1st of each successive year.
• RFP Reimbursement Fee – Upon execution of the agreement, the UWS will be
required to remit to the City a one-time administrative fee of $45,000 to
reimburse the City for staff time, consultant and attorney fees, and out of pocket
expenses for developing and processing the RFP, and related to the negotiation
and award of the Agreement.
• Business License – The selected service provider and any of its subcontractors
will be required to maintain appropriate business licensing during the term of the
agreement.
Approval of UWS-City of Los Alamitos Franchise Agreement
December 6, 2021
Page 4 of 4
• Street Sweeping – An annual payment to the City of $125,000 to support City
contracting with a firm to clean its streets of litter and other debris.
• Charitable Community Contribution – An annual payment to the City of $20,000,
payable January 1st of each calendar year, to support the City’s special events
and programming for the community.
• Annual Consumer Price Index Adjustment – The collection rates are set forth in
Exhibit “A” attached to this report.
FISCAL IMPACT
The proposed agreement includes reimbursement for the costs of negotiating the
contract ($45,000), the annual franchise monitoring and compliance assistance fee
($75,000), an annual payment to support the City’s street sweeping contract ($125,000),
and the charitable community contribution to support the City’s special events and
programming ($20,000).
UWS has agreed to pay a franchise fee of 10% to the City for the privilege of providing
exclusive solid waste handling services. The franchise fee will be paid in quarterly
installments, with an estimated first year total of $450,000.
Submitted by: Ron Noda, Development Services Director
Approved by: Chet Simmons, City Manager
Attachment: 1. Franchise Agreement with UWS for Integrated Waste Management Services
With Exhibit A - Rate Sheets
2. Universal Waste Systems Bid Submitted on July 25, 2021
1645189.1
LOS ALAMITOS SOLID WASTE SERVICES CONTRACT
CONTRACT
FOR THE PROVISION OF
SOLID WASTE HANDLING SERVICES
Executed Between the
City of Los Alamitos and
Universal Waste Systems, Inc.
Effective this 6th day of December, 2021
TABLE OF CONTENT Page
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1645189.1
SECTION 1. RECITALS ............................................................................................ 2
SECTION 2. DEFINITIONS ....................................................................................... 2
2.1 AB 341 … ............................................................................................................. 2
2.2 AB 876 .. ............................................................................................................... 3
2.3 AB 901 … ............................................................................................................. 3
2.4 AB 939 .. ............................................................................................................... 3
2.5 AB 1594 ................................................................................................................ 3
2.6 AB 1826 ................................................................................................................ 3
2.7 Affiliated ............................................................................................................... 3
2.8 Alternative Daily Cover (ADC) ............................................................................ 3
2.9 Alternative Facility ............................................................................................... 4
2.10 Alternative Intermediate Cover (AIC) .................................................................. 4
2.11 Animal Waste........................................................................................................ 4
2.12 Applicable Laws .................................................................................................. 4
2.13 Approved C&D Pocessing Facility ....................................................................... 4
2.14 Approved Disposal Facility .................................................................................. 4
2.15 Approved Facilities ............................................................................................... 4
2.16 Approved High Diversion Organic Waste Processing Facility ............................ 4
2.17 Approved Organic Waste Processing Facility ...................................................... 4
2.18 Approved Source Separated Recyclable Materials Processing Facility ............... 5
2.19 Approved Transfer Facility ................................................................................... 5
2.20 Back-Haul ............................................................................................................. 5
2.21 Billings … ............................................................................................................. 5
2.22 Bins …… .............................................................................................................. 5
2.23 Blue Container ...................................................................................................... 5
2.24 Brown Container ................................................................................................... 5
2.25 Bulky Items ........................................................................................................... 5
2.26 C&D ……. ............................................................................................................ 6
2.27 C&D Collection Site ............................................................................................. 6
2.28 California Code of Regulations (CCR) ................................................................. 6
2.29 CalRecyle .............................................................................................................. 6
2.30 Cart ……. .............................................................................................................. 6
2.31 City ……. .............................................................................................................. 6
2.32 City Council .......................................................................................................... 6
2.33 City Limits ............................................................................................................ 7
2.34 City Manager ........................................................................................................ 7
2.35 Collect/Collection/Collecting ............................................................................... 7
2.36 Collection Vehicle ................................................................................................ 7
2.37 Commercial Business (Commercial) .................................................................... 7
2.38 Commercial Edible Food Generators.................................................................... 7
2.39 Community Composting ....................................................................................... 7
2.40 Compostable Plastics ............................................................................................ 7
2.41 Compost ............................................................................................................. ..8
2.42 Construction and Demolition Debris (C&D) ........................................................ 8
2.43 Container(s)........................................................................................................... 8
2.44 Contractor ............................................................................................................. 8
2.45 Contractor Self-haul .............................................................................................. 8
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1645189.1
2.46 Contractor's Proposal ............................................................................................ 8
2.47 County Agreement ................................................................................................ 8
2.48 Customer ............................................................................................................... 9
2.49 Discarded Materials .............................................................................................. 9
2.50 Disposal ................................................................................................................ 9
2.51 Diversion ............................................................................................................... 9
2.52 Dual Stream (or Dual-Stream) .............................................................................. 9
2.53 Edible Food ........................................................................................................... 9
2.54 Effective Date ..................................................................................................... 10
2.55 Environmental Laws ........................................................................................... 10
2.56 Excluded Waste .................................................................................................. 10
2.57 Facility(ies) ......................................................................................................... 10
2.58 Food Recovery .................................................................................................... 10
2.59 Food Recovery Organization .............................................................................. 11
2.60 Food Recovery Service ....................................................................................... 11
2.61 Food Scraps ......................................................................................................... 11
2.62 Food-Soiled Paper ............................................................................................... 11
2.63 Food Waste ......................................................................................................... 11
2.64 Franchise Area .................................................................................................... 11
2.65 Franchise Fee ...................................................................................................... 12
2.66 Generator............................................................................................................. 12
2.67 Gray Container .................................................................................................... 12
2.68 Green Container .................................................................................................. 12
2.69 Gross Receipts .................................................................................................... 12
2.70 Hauler Route ....................................................................................................... 12
2.71 Hazardous Substance .......................................................................................... 12
2.72 Hazardous Waste ................................................................................................ 13
2.73 High Diversion Organic Waste Processing Facility ........................................... 13
2.74 Inerts ..… ............................................................................................................ 13
2.75 City Contract Manager ........................................................................................ 13
2.76 Landfill … ........................................................................................................... 13
2.77 Large Event ......................................................................................................... 13
2.78 Large Venue ........................................................................................................ 13
2.79 Liquidated Damages ........................................................................................... 14
2.80 Medical Waste .................................................................................................... 14
2.81 Mixed Waste ....................................................................................................... 14
2.82 Mixed Waste Organic Collection Stream ........................................................... 14
2.83 Mulch .... ............................................................................................................. 14
2.84 Multi-Family or Multi-Family Dwelling Unit .................................................... 15
2.85 Municipal Code ................................................................................................... 15
2.86 Non-Compostable Paper ..................................................................................... 15
2.87 Non-Organic Recyclables ................................................................................... 15
2.88 Organic Waste ..................................................................................................... 15
2.89 Paper Products .................................................................................................... 15
2.90 Parent Company .................................................................................................. 16
2.91 Party or Parties .................................................................................................... 16
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2.92 Person .... ............................................................................................................. 16
2.93 Premises . ............................................................................................................ 16
2.94 Printing and Writing Papers ................................................................................ 16
2.95 Process, Processed, or Processing ....................................................................... 16
2.96 Prohibited Container Contaminants .................................................................... 16
2.97 Property Owner ................................................................................................... 17
2.98 Public Resources Code (PRC) ............................................................................ 17
2.99 Putrescible Waste ................................................................................................ 17
2.100 Rate…… ............................................................................................................. 17
2.101 Rate Period .......................................................................................................... 17
2.102 Recycle/Recycling .............................................................................................. 17
2.103 Remnant Organic Material .................................................................................. 18
2.104 Renewable Natural Gas (RNG) .......................................................................... 18
2.105 Residual (or Residue) .......................................................................................... 18
2.106 Responsible Customer ........................................................................................ 18
2.107 Reusable Items .................................................................................................... 18
2.108 Reuse …. ............................................................................................................. 19
2.109 Roll-Off Box ....................................................................................................... 19
2.110 Salvageable Material (or Salvaged Material) ..................................................... 19
2.111 SB 1383 … .......................................................................................................... 19
2.112 SB 1383 Regulations........................................................................................... 19
2.113 Self-Hauler (or Self-Haul) .................................................................................. 19
2.114 Service Level ...................................................................................................... 19
2.115 Single Family or Single-Family Dwelling (SFD) ............................................... 19
2.116 Solid Waste ......................................................................................................... 20
2.117 Source Separated ................................................................................................. 20
2.118 Source Separated Blue Container Organic Waste (SSBCOW) .......................... 20
2.119 Source Separated GreenContainer Organic Waste (SSGCOW .......................... 20
2.120 Source Separate Recyclable Materials ................................................................ 21
2.121 State ……............................................................................................................ 21
2.122 Suncontractor ...................................................................................................... 21
2.123 Subsidiary ........................................................................................................... 21
2.124 Temporary Service .............................................................................................. 21
2.125 Term ..… ............................................................................................................. 21
2.126 Tier One Commercial Edible Food Generators .................................................. 21
2.127 Tier Two Commercial Edible Food Generators .................................................. 22
2.128 Ton ……. ............................................................................................................ 22
2.129 Transfer … .......................................................................................................... 22
2.130 Transformation .................................................................................................... 22
2.131 Transportation or Transport ................................................................................ 23
2.132 Universal Waste (or U-Waste) ............................................................................ 23
2.133 Work Days .......................................................................................................... 23
2.134 Yard Trimmings .................................................................................................. 23
SECTION 3. GRANT OF EXCLUSIVE FRANCHISE FOR SOLID WASTE
HANDLING SERVICES FROM ALL RESIDENTIAL AND COMMERCIAL
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PREMISES, AND FOR PROVIDING TEMPORARY SOLID WASTE
HANDLING SERVICE ...................................................................................... 23
3.1 Scope of Franchise .............................................................................................. 23
3.2 Matters Excluded from Scope of Franchise ........................................................ 23
SECTION 4. ENFORCEMENT OF EXCLUSIVITY .............................................. 25
SECTION 5. ACCEPTANCE; WAIVER ................................................................. 25
SECTION 6. TERM……. ......................................................................................... 25
SECTION 7. CONDITIONS TO EFFECTIVENESS OF AGREEMENT ............... 26
7.1 Accuracy of Representation ................................................................................ 26
7.2 Absence of Litigation .......................................................................................... 26
7.3 Furnishing of Insurance and Bonds, Letter of Credits, or Asset Pledge ............. 26
7.4 Effectiveness of City Council Action ................................................................. 26
7.5 Payment of Fees and Costs ................................................................................. 26
SECTION 8. SOLID WASTE HANDLING SERVICES PROVIDED
BY7CONTRACTOR .......................................................................................... 27
8.1 General .. ............................................................................................................. 27
8.2 Recidential Three-Container System (Blue, Green, and Gray Containers) ........ 27
8.3 Commercial Three (3) and Three (3) plus Container Collection for Source
Separated Recyclable Materials, Green Waste, Organics (Food Scraps) and Waste
…………………………………………………………………………28
8.4 Multi-family Residential and Optional Commercial Two (2) Container Source
Separated Recyclable Materials and Mixed Waste Collection (Blue and Gray
Containers) .......................................................................................................... 30
8.5 City Facility and Community Event Services ..................................................... 30
8.6 C&D Collection .................................................................................................. 31
8.7 Hazardous Household Waste, Christmas Tree Pickup, and Bulky Item Collection
31
8.7.1 Equipment ............................................................................................ 31
8.7.2 Performance Standards ........................................................................ 32
8.7.3 Noise and Disruption ........................................................................... 32
8.7.4 Collection Times .................................................................................. 32
8.7.5 Collection Schedule ............................................................................. 32
8.7.6 Commingling of Routes ....................................................................... 32
8.7.7 Contractor's Containers ........................................................................ 33
8.7.8 Missed Pick-Ups .................................................................................. 35
8.7.9 Record of Non-Collection .................................................................... 35
8.7.10 Comercial Bulky Item Service ............................................................. 36
8.7.11 Scout and/or Push Out services............................................................ 36
8.8 Other Collection Programs As May Be Required by Law ................................. 36
8.9 Contractor Shall Present the Proposed Program within 60 Days ....................... 37
8.9.1 Warranties and Representations ........................................................... 38
8.9.2 Mutual Cooperation ............................................................................. 38
8.9.3 Waste Reduction and Program Implementation .................................. 38
8.9.4 Guarantee and Indemnification ............................................................ 40
8.9.5 Guaranteed Minimum Contractor Recycling Rate .............................. 41
8.9.6 Waste Generation/Characterization Studies ........................................ 42
TABLE OF CONTENT Page
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SECTION 9. OTHER SERVICES ............................................................................ 42
9.1 Transfer, Processing, and Disposal ..................................................................... 42
9.2 City Reserves Right to Direct Use of City-Designated Facility at a Later Date. 43
9.3 Contamination Monitoring.................................................................................. 43
9.3.1 Contamination Monitoring Procedures ................................................ 43
9.3.2 Ongoing Contamination Monitoring.................................................... 47
9.3.3 Contamination Monitoring (Hauler Route Review Option) ................ 47
9.4 Education and Outreach ...................................................................................... 48
9.5 Technical Assistance by Contractor.................................................................... 56
9.6 Food Recovery Program Support ....................................................................... 59
9.7 Billing … ............................................................................................................ 60
9.8 Generator Waiver Program Condition ................................................................ 61
9.9 Service Waiver Program Coordinator ................................................................ 62
9.10 Inspection and Enforcement ............................................................................... 63
9.11 Service Complaints ............................................................................................. 65
9.12 Provision of Recovered Organic waste Products ................................................ 66
SECTION 10. MINIMUM STANDARDS FOR CONTRACTOR'S SOLID WASTE
HANDLING SERVICE COLLECTION VEHICLES ....................................... 67
10.1 General .. ............................................................................................................. 67
10.2 Air Quality/Fuel Requirements ........................................................................... 68
10.3 Specific Requirements ........................................................................................ 68
10.4 Cost of Operation and Damages ......................................................................... 71
10.5 City Inspection .................................................................................................... 71
10.6 Correction of Defects and Removal of Vehicles for Use within City ................ 71
SECTION 11. CONTRACTOR’S SOLID WASTE HANDLING SERVICE
PERSONNEL…………………. ........................................................................ 71
11.1 Uniforms ............................................................................................................. 71
11.2 Identification of Employees ................................................................................ 71
11.3 Employee List ..................................................................................................... 71
11.4 Driver's License .................................................................................................. 71
11.5 Screening of Field Employees ............................................................................ 72
11.6 Discontinue Use of Unsatisfactory Employees................................................... 72
11.7 Training and Legal Compliance.......................................................................... 72
11.8 Customer Service ................................................................................................ 72
11.8.1 Office Hours......................................................................................... 72
11.8.2 Telephone Customer Service Requirements ........................................ 72
11.8.3 Toll Free Number ................................................................................. 72
11.8.4 Call Responsiveness............................................................................. 73
11.8.5 Complaint Documentation ................................................................... 73
11.8.6 Resolution of Customer Complaints .................................................... 73
11.8.7 Government Liaison............................................................................. 74
11.9 Education and Public Awareness ........................................................................ 74
11.9.1 General ................................................................................................. 74
11.9.2 Written Program Materials .................................................................. 74
11.9.3 Public Putreach .................................................................................... 74
11.9.4 Corrective Action Notice ..................................................................... 74
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11.9.5 Contractor Representative .................................................................... 74
SECTION 12. CONTRACTOR’S CONSIDERATION ............................................ 75
12.1 Reimbursement of Negotiation Cost ................................................................... 75
12.2 SB 1383 Regulatory Reimbursement.................................................................. 75
12.3 Franchise Fee ...................................................................................................... 75
12.4 Street Sweeping and Litter Abatement Fee ........................................................ 75
12.5 Charitable Communty Contribution ..................................................................75
SECTION 13. CHARGES FOR LATE PAYMENTS ............................................... 76
13.1 Billing … ............................................................................................................ 76
13.1.1 Suspension of Service Due to Non-Payment ....................................... 76
13.2 Minimum Requirements for Billing Statements ................................................. 77
13.3 Billing System ..................................................................................................... 78
13.3.1 Computerization of Account Information ........................................... 78
13.3.2 Minimum Computer Programming Requirements .............................. 78
13.3.3 Billing Inquiries ................................................................................... 78
13.4 Payment, Accounting Systems............................................................................ 78
13.4.1 Collection and Processing of Payments .............................................. 78
13.4.1.1 Accounting and Deposit of Funds..................................... 78
13.4.1.2 Allocation of Funds........................................................... 79
SECTION 14. FAITHFUL PERFORMANCE ........................................................... 79
14.1 Surety … ............................................................................................................. 79
14.1.1 Forfeiture of Surety .............................................................................. 79
14.1.2 Use of Surety by City ........................................................................... 79
14.2 Cash Bond ........................................................................................................... 80
14.2.1 Forfeiture of Cash Bond....................................................................... 80
14.2.2 Use of Cash Bond by City .................................................................. 80
14.3 Replacement Letter by Credit ............................................................................. 80
SECTION 15. INSURANCE COVERAGE ............................................................... 80
15.1 Minimum Scope of Insurance ............................................................................ 81
15.2 Minimum Limits of Insurance ............................................................................ 81
15.2.1 Commercial General Liability ............................................................ 81
15.2.2 Automobile Liability ............................................................................ 81
15.2.3 Workers’ Compensation and Employers Liability .............................. 81
15.3 Deductiblles and Self Insured Retentions ........................................................... 81
15.4 Other Insurance Provisions ................................................................................ 82
15.4.1 General Liability .................................................................................. 82
15.4.2 Workers’ Compensation and Employers Liability Coverage .............. 82
15.4.3 Environmental Pollution Control Isurance .......................................... 82
15.4.4 All Coverages....................................................................................... 82
15.5 Acceptability of Insurance .................................................................................. 82
15.6 Verification of Coverage .................................................................................... 83
15.7 Loss or Redution in Insurance ............................................................................ 83
SECTION 16. ASSIGNMENT, SUBLETTING, AND TRANSFER;
REQUIREMENTS AND LIMITATIONS …………………………….………83
16.1 General .. ............................................................................................................. 83
16.2 Assignmnets to be Broadly Interpretered ........................................................... 83
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16.3 Nature of Agreement – Personal to Contractor ................................................... 84
16.4 Procedure for Consideration of Assignment ...................................................... 84
SECTION 17. REVIEW OF SERVICES AND PERFORMANCE .............................. 85
17.1 Performance Hearing ......................................................................................... 85
SECTION 18. CITY’S REMEDIES; DEFAULT AND TERMINATION ................... 86
18.1 Notice of Default ................................................................................................ 86
18.2 Failure to Cure ................................................................................................... 86
18.3 Review by City Manager ................................................................................... 87
18.4 City Counsel Review ......................................................................................... 87
18.5 Performance Durig Review ................................................................................ 87
18.6 Termination without Right to Cure .................................................................... 87
18.7 Liquidated Damages .......................................................................................... 88
18.7.1 General ................................................................................................ 88
18.7.2 Service Performance Standards; Liquidated Damages for Failure to Meet
Standards ............................................................................................................ 89
18.7.3 Calculations for Liquidated Damages ................................................. 89
18.7.3.1 Collection Reliability ....................................................... 89
18.7.3.2 Collection Quality ............................................................ 90
18.7.3.3 Customer Responsiveness ................................................ 90
18.7.3.4 Timeliness of Submission to City .................................... 90
18.7.3.5 Coopertive During Transition with Subsequent Solid Waste
Enterpeise ........................................................................................................... 90
18.7.3.6 Minimum Haulter Recycling Requirements .................... 91
18.7.4 Process for Assessment of Liquidated Damages ................................ 91
18.7.5 Timing of Payment ............................................................................. 91
SECTION 19. CONTRACTOR’S REMEDIES; ADMINISTRATIVE HEARING ..... 92
19.1 Administrative Hearig ........................................................................................ 92
19.2 Other Remedies; Claims .................................................................................... 92
19.3 Actions for Damages .......................................................................................... 92
SECTION 20. CITY’S ADDITIONAL REMEDIES .................................................... 92
SECTION 21. RIGHTS OF CITY TO PERFORM DURING EMERGENCY ............ 93
21.1 Provision of Service ........................................................................................... 93
21.2 Possession of Equipment ................................................................................... 93
21.3 Exclusion from Right to Possession of Equipment withou Compensation ....... 93
SECTION 22. PRIVACY .............................................................................................. 93
SECTION 23. REPORTS AND ADVERSE INFORMATION .................................... 94
23.1 Monthly Reports ................................................................................................ 94
23.2 Quarterly Reports ............................................................................................... 94
23.3 Annual Reports .................................................................................................. 95
23.4 Format of Reports .............................................................................................. 95
23.5 Adverse Information .......................................................................................... 96
23.6 Disaster Plan ...................................................................................................... 96
23.7 Failure to Report ................................................................................................. 97
SECTION 24. COMPENSATION ................................................................................ 97
24.1 Contractor Rates ................................................................................................. 97
24.2 Resolution of Disputes Regarding Rate adjustments ......................................... 97
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24.3 Annual Consument Price Index Adjustments .................................................... 97
24.4 Limitations to Annual CPI Adjustments ............................................................ 98
24.4.1 Five Percent (5%) Cap ........................................................................ 98
24.4.2 Complince with Agreement ................................................................ 98
24.5 Discretional Adjustments .................................................................................... 98
SECTION 25. IDENTIFICATION OF CONTRACTOR ............................................. 99
SECTION 26. CITY’S FLOW COTROL OPTION/COUNTY AGREEMENT .......... 99
26.1 Flow Control Option .......................................................................................... 99
26.2 County Agreement ............................................................................................. 99
SECTION 27. INDEMNIFICATION .......................................................................... 100
27.1 General . ........................................................................................................... 100
27.2 Hazardous Substances Idemnification ............................................................. 102
SECTION 28. CONTRACTOR’S BOOKS AND RECORDS; AUDITS.................... 102
28.1 Maintenance and inspection of Records .......................................................... 102
28.2 CERCLA Defense Records .............................................................................. 103
28.3 Ongoing Compliance Review .......................................................................... 103
28.4 Audits .... ........................................................................................................... 103
28.4.1 Examination of Services ................................................................... 103
28.4.2 Route Audit ....................................................................................... 104
SECTION 29. TRANSITION OBLIGATIONS ........................................................... 105
SECTION 30. GENERAL PROVISIONS ................................................................... 105
30.1 Force Majeure .................................................................................................. 105
30.2 Independent Contractor .................................................................................... 106
30.3 Pavemet Damage ............................................................................................. 106
30.4 Property Damage.... .......................................................................................... 106
30.5 Right of Entry .................................................................................................. 106
30.6 Law to Govern; Venue ..................................................................................... 106
30.7 Amendment ...................................................................................................... 106
30.8 Notices .. ........................................................................................................... 107
30.9 Savings Clause.... .............................................................................................. 107
30.10 Exhibits Incorporated ....................................................................................... 107
30.11 Joint Drafting ................................................................................................... 107
30.12 Attorneys’ Fees and Litigation Costs ............................................................... 107
30.13 City’s Authorized Agent .................................................................................. 108
30.14 Integrated Agreement........................................................................................ 108
30.15 Section Headings ............................................................................................. 108
30.16 Compliance with Law ...................................................................................... 108
30.17 No Third Party Beneficiaries ........................................................................... 108
EXHIBIT A MAXIMUM RATE SCHEDULE FOR SOLID WASTE HANDLING
SERVICES…….. .............................................................................................. 110
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AGREEMENT
This Agreement ("Agreement") is entered into to be effective as of the 6th day of
December, 2021, by and between the City of Los Alamitos ("City ") and Universal Waste
System, Inc. ("Contractor") (collectively, the "Parties") to provide an exclusive franchise for
Solid Waste Handling Services within the City.
R E C I T A L S:
A. WHEREAS, the Legislature of the State of California, by enactment of the
California Integrated Waste Management Act of 1989 (“AB 939”), has declared that it is in the
public interest to authorize and require local agencies to make adequate provision for the handling
of all Solid Waste within their City s.
B. WHEREAS, the State of California has found and declared that the amount of Solid
Waste generated in California, coupled with diminishing Disposal capacity and interest in
minimizing potential environmental impacts from landfilling and the need to conserve natural
resources, have created an urgent need for State and local agencies to enact and implement an
aggressive integrated waste management program. The State has, through enactment of AB 939
and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011
(AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes
of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB
1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible
State agency, and all local agencies, to promote a reduction in Landfill Disposal and to maximize
the use of feasible waste reduction, Reuse, Recycling, and composting options in order to reduce
the amount of material that must be Disposed; and,
C. WHEREAS, SB 1383 establishes regulatory requirements for Cities, Generators,
haulers, Solid Waste facilities, and other entities to support achievement of State-wide Organic
Waste Disposal reduction targets; and,
D. WHEREAS, SB 1383 Regulations require City to implement Collection programs,
meet Processing facility requirements, conduct contamination monitoring, provide education,
maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other
requirements; and, City has chosen to delegate some of its responsibilities to the Contractor, acting
as the City ’s designee, through this Agreement; and
E. WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2),
the City has determined that the public health, safety, and well-being require that Non-Exclusive
Franchise Agreements for Discarded Materials Management for Multi-Family and Commercial
Customers (Agreement) be awarded to qualified companies for the Collection and subsequent
Transfer, Transportation, Recycling, Processing, and/or Disposal of Discarded Materials; and,
F. WHEREAS, the City and Contractor are mindful of the provisions of the laws
governing the safe collection, transport, recycling, processing and disposal of Solid Waste,
including AB 939, SB 1383, the Resource Conservation and Recovery Act (“RCRA”), and the
Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). City
and Contractor desire to leave no doubts as to their respective roles, and to memorialize that by
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entering into this Agreement, City is not thereby becoming an “arranger” or a “generator” as those
terms are used in CERCLA, and that it is Contractor, not City, who is “arranging for” the
collection, transport for disposal, composting, and recycling of municipal Solid Waste in the City
which may contain hazardous substances. City and Contractor understand and agree that it is
Contractor, and not City , who will arrange to collect Solid Waste, that City has not, and, by this
Agreement does not, instruct Contractor on its collection methods, nor supervise the collection
process, nor do the Parties intend to place title to such Solid Waste in City , but rather intend that
whatever, if any, title in and to such Solid Waste that otherwise might exist in or with City in the
absence of this Agreement is hereby transferred to Contractor, and further that if Contractor gains
title to such Solid Waste it is by operation of law and agreement with its Customers and is not the
result of this Agreement. By entering into this Agreement City and Contractor further desire to
confirm that Contractor has agreed to indemnify the City in connection with any claims relating to
the inadvertent or intentional collection, transportation and/or disposal of hazardous materials that
may occur in connection with Contractor’s performance under this Agreement.
G. WHEREAS, Contractor desires to engage in the business of Collecting Discarded
Materials in the City; and,
H. WHEREAS, City desires, among other things, to ensure adequate landfills remain
available to meet the public’s need for the safe handling and disposal of Solid Waste, and further
desires to ensure its citizens do not incur undue costs in safely disposing of Solid Waste they
generate, and has thus entered into the County Agreement. Contractor has agreed, as part of this
Agreement, to provide such services and take such actions as are necessary or desirable to ensure
City complies with its obligations pursuant to the County Agreement.
NOW, THEREFORE, in consideration of the promises above stated and the terms,
conditions, covenants, and agreements contained herein, the Parties do hereby agree as follows:
C O V E N A N T S:
Based upon the foregoing Recitals and for good and valuable consideration, the receipt and
sufficiency of which is acknowledged by each of the Parties, City and Contractor hereby agree as
follows:
SECTION 1. RECITALS
The Parties acknowledge the above recitals are true and correct and incorporate them herein
as if they were fully restated.
SECTION 2. DEFINITIONS
Whenever any term used in this Agreement has been defined by the California Public
Resources Code, the definition of such term set forth therein shall apply unless the term is
otherwise defined in this Agreement.
2.1 AB 341
“AB 341” shall mean Assembly Bill 341 from the 2011-2012 Regular Session of the
California Legislature (Chapter 476, Statutes 2011).
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2.2 AB 876
“AB 876” means the Assembly Bill approved by the Governor of the State of California
on October 8, 2015, which added Section 418214 to the Public Resources Code, relating to Solid
Waste as amended, supplemented, superseded, and replaced from time to time.
2.3 AB 901
“AB 901” means Assembly Bill approved by the Governor of the State of California on
October 10, 2015, which amended Section 41821.5 of, amended, renumbered and added Section
41821.6 of, and added Sections 41821.7 and 41821.8 to, the Public Resources Code, relating to
Solid Waste, as amended, supplemented, superseded, and replaced from time to time.
2.4 AB 939
“AB 939” shall mean the California Integrated Waste Management Act of 1989, currently
codified as California Public Resources Code Section 40000 et seq., as it may be amended from
time to time.
2.5 AB 1594
“AB 1594” shall mean Assembly Bill 1594 from the 2013-2014 Regular Session of the
California Legislature (Chapter 719, Statutes 2014).
2.6 AB 1826
“AB 1826” shall mean Assembly Bill 1826 from the 2013-2014 Regular Session of the
California Legislature (Chapter 727, Statutes 2014).
2.7 Affiliate
“Affiliate” means a business in which Contractor owns a direct or indirect ownership
interest, a business (including corporations, limited and general partnerships and sole
proprietorships) which has a direct or indirect ownership interest in Contractor and/or a business
which is also owned, controlled or managed by any business or individual which has a direct or
indirect ownership interest in Contractor. For purposes of determining whether an indirect
ownership interest exists, the constructive ownership provisions of Section 318(a) of the Internal
Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however,
that (i) “ten percent (10%)” shall be substituted for “fifty percent (50%)” in Section 318(a)(2)(C)
and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For
purposes of determining ownership under this paragraph and constructive or indirect ownership
under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded and
percentage interests shall be determined on the basis of the percentage of voting interest or value
which the ownership interest represents, whichever is greater.
2.8 Alternative Daily Cover (ADC)
“Alternative Daily Cover” or “ADC” has the same meaning as in 27 CCR Section 20690.
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2.9 Alternative Facility
“Alternative Facility” means any Facility approved by City for Contractor use that is not
specifically identified in 14 CCR Section 18983(b) or not otherwise described herein.
2.10 Alternative Intermediate Cover (AIC)
“Alternative Intermediate Cover” or “AIC” has the same meaning as in 27 CCR Section
20700.
2.11 Animal Waste
“Animal Waste” shall mean animal carcasses, dead animals, and/or parts or portions of
dead animals. Animal Waste shall not include manure.
2.12 Applicable Laws
“Applicable Laws” shall mean all federal, state, county, and local laws, regulations, rules,
orders, judgments, decrees, permits, approvals, or other requirements of any governmental agency
having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, and as
may be enacted, issued or amended thereafter, including without limitation City’s Municipal Code,
AB 341, AB 939, AB 1594, AB 1826 and SB 1383.
2.13 Approved C&D Processing Facility
“Approved C&D Processing Facility” means the Facility Name at Facility Address, which
is owned and operated by Owner Name, that is a C&D Processing Facility and was Contractor
selected and City approved.
2.14 Approved Disposal Facility
“Approved Disposal Facility” means the various landfills owned and operated by the
County of Orange, that the City of Los Alamitos has agreed to use under separate agreement.
2.15 Approved Facilities
“Approved Facility(ies)” means any one of or any combination of the: Approved C&D
Processing Facility; Approved Disposal Facility; Approved High Diversion Organic Waste
Processing Facility; Approved Organic Waste Processing Facility; Approved Source Separated
Recyclable Materials Processing Facility; and, Approved Transfer Facility, each of which are
defined in this Section.
2.16 Approved High Diversion Organic Waste Processing Facility
“Approved High Diversion Organic Waste Processing Facility” means a High Diversion
Organic Waste Processing Facility that is Contractor selected and City approved.
2.17 Approved Organic Waste Processing Facility
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“Approved Organic Waste Processing Facility” means an Organic Waste Processing
Facility that is Contractor selected and City approved.
2.18 Approved Source Separated Recyclable Materials Processing Facility
“Approved Source Separated Recyclable Materials Processing Facility” means a Source
Separated Recyclable Materials Processing Facility that is Contractor selected and City approved.
2.19 Approved Transfer Facility
“Approved Transfer Facility” means a Transfer Facility that is Contractor selected and City
approved.
2.20 Back-Haul
“Back-Haul” means generating and transporting Organic Waste to a destination owned and
operated by the Generator using the Generator’s own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
2.21 Billings
“Billings” or “Billing” or “Bill” means the statements of charges provided to Customers or
Responsible Customers for services rendered by Contractor pursuant to the terms of this
Agreement.
2.22 Bins
“Bins” shall mean a Container, including dumpsters, compactors, and any similar such
devices with a capacity of under ten (10) cubic yards.
2.23 Blue Container
“Blue Container” has the same meaning as in 14 CCR Section 18982.2(a) (5) and shall be
used for the purpose of storage and Collection of Source Separated Recyclable Materials or
SSBCOW.
2.24 Brown Container
“Brown Container” has the same meaning as in 14 CCR Section 18982.2(a) (5.5) and shall
be used for the purpose of storage and Collection of Source Separated Food Waste.
2.25 Bulky Items
“Bulky Items” means Solid Waste that cannot and/or would not typically be accommodated
within a Cart or Bin including without limitation: furniture (including chairs, sofas, mattresses,
and rugs); appliances (including refrigerators with and without Freon, ranges, washers, dryers,
water heaters, dishwashers, plumbing, small household appliances and other similar items,
commonly known as “white goods”); residential wastes (including wood waste, tree branches,
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scrap wood, in the aggregate not exceeding one cubic yard per Collection); and clothing. For
purposes of this Agreement, and notwithstanding any provision hereof to the contrary, Bulky Items
shall specifically include items commonly known in the waste industry as “brown goods,” “e-
waste” and “universal waste” (including, without limitation all types of electronic waste, stereos,
televisions, computers and monitors, cellular phones, VCRs, microwaves and other similar type of
equipment and products). Bulky Items do not include car bodies, Construction and Demolition
Debris, Hazardous Waste, or (with the exception of appliances/white goods described above) items
that cannot reasonably and safely be loaded and unloaded into a vehicle by two people using
equipment of the type which, pursuant to industry standards, would normally be carried in a vehicle
used in Collecting Bulky Items. In the event a question arises as to whether a specific item, or
category of items meets the definition of Bulky Items, City shall be responsible to determine
whether said definition shall apply, which determination shall be final and binding on the Parties.
2.26 C&D
“C&D” means Construction and Demolition Debris.
2.27 C&D Collection Site
“C&D Collection Site” means properties where construction and demolition work is
performed as evidenced by City issuance of a land clearing, building, or demolition permit, or
from a non-permitted municipal project or as otherwise stated in Chapter 8.13 of the Los Alamitos
Municipal Code, as the same may be amended from time to time.
2.28 California Code of Regulations (CCR)
“California Code of Regulations” or “CCR” means the State of California Code of
Regulations. CCR references in this Agreement are preceded with a number that refers to the
relevant Title of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division 7,
Chapter 12 of the California Code of Regulations.
2.29 CalRecyle
“CalRecycle” means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing, and
enforcing SB 1383 Regulations on Cities and other regulated entities.
2.30 Cart
“Cart” means a plastic Container with a hinged lid and wheels serviced by an automated
or semi-automated process, as opposed to a manual process of lifting and dumping.
2.31 City
“City” shall mean the City of Los Alamitos, a municipal corporation, located in Orange
County, California.
2.32 City Council
“City Council” shall mean the City Council of City.
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2.33 City Limits
“City Limits” shall mean the territorial boundaries of the City together with all amendments
and changes thereto, which boundaries are depicted on maps, incorporated herein by reference,
that are kept on file in the office of the City Clerk of the City of Los Alamitos, and which are from
time to time amended to reflect changes.
2.34 City Manager
“City Manager” shall mean the City Manager of the City of Los Alamitos or his or her
designee.
2.35 Collect/Collection/Collecting
“Collect,” “Collection,” or “Collecting” shall mean to take physical possession of,
transport, and remove Solid Waste from a Premises.
2.36 Collection Vehicle
“Collection Vehicle” shall have the meaning ascribed in Section 10 of this Agreement.
2.37 Commercial Business (Commercial)
“Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-
stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or industrial
facility, or a Multi-Family residential dwelling, or as otherwise defined in 14 CCR Section
18982(a)(6). A Multi-Family residential dwelling that consists of fewer than five (5) units is not
a Commercial Business for purposes of this Agreement.
2.38 Commercial Edible Food Generators
“Commercial Edible Food Generators” includes Tier One Commercial Edible Food
Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR
Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food
Recovery Services are not Commercial Edible Food Generators, or as otherwise specified by 14
CCR Section 18982(a)(7).
2.39 Community Composting
“Community Composting” means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the total amount
of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square
feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined in 14 CCR Section
18982(a)(8).
2.40 Compostable Plastics
“Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the
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ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section
18984.1(a)(1)(A) or 18984.2(a)(1)(C).
2.41 Compost
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which states, as of
the Effective Date of this Agreement, that “Compost” means the product resulting from the
controlled biological decomposition of organic Solid Wastes that are Source Separated from the
municipal Solid Waste stream, or which are separated at a centralized Facility.
2.42 Construction and Demolition Debris (C&D)
“Construction and Demolition Debris” means the nonhazardous waste building material,
Inerts, soil, packaging, Yard Trimmings, rubble, and other used or Discarded Materials resulting
from construction or demolition.
2.43 Container(s)
“Container(s)” means a receptacle for temporary storage of Discarded Materials.
Containers may include Bins, Carts, Roll-Off Boxes, compactors, cans, buckets, bags, or other
storage instruments to the extent such Containers are permitted by the City for use for Collection
services provided under the Agreement.
2.44 Contractor
“Contractor” means the Party (other than the City) that executed this Exclusive Franchise
Agreement and its Affiliates, DBAs, and Subcontractors that perform services on Contractor’s
behalf.
2.45 “Contractor Self-haul”
“Contractor Self-haul” means the act of hauling solid waste by construction and demolition
contractors as an ancillary function to their primary business activity.
2.46 Contractor’s Proposal
“Contractor’s Proposal” shall mean proposal submitted in response to the City ’s Request
for Proposal for Solid Waste Handling Services dated July 15, 2021 and subsequent submittals
from Contractor prior to award.
2.47 County Agreement.
“County Agreement” shall mean that certain waste disposal agreement entered between
various Orange County Cities, including specifically the City of Los Alamitos, and the County of
Orange relating to the use of County landfills for the disposal of Solid Waste collected in such
Cities, and which is on file in the office of City’s City Clerk, as the same may be amended from
time to time.
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2.48 Customer
“Customer” or “Customers” shall mean any Person arranging for and/or receiving
Discarded Material Management services from Contractor within the Franchise Area.
2.49 Discarded Materials
“Discarded Materials” are a form of Solid Waste, and shall be regulated as such. For
purposes of this Agreement, material is deemed to have been discarded, without regard to whether
it is destined for Recycling or Disposal, and whether or not is has been separated from other Solid
Wastes, in all cases where a fee or other compensation, in any form or amount, is directly or
indirectly solicited from, or, levied, charged, or otherwise imposed on, or paid by, the Generator
or Customer in exchange for handling services. As used herein, handling services include, without
limitation, the Collection, removal, Transportation, delivery, and Processing and/or Disposal of
the material. Discarded Materials do not include Edible Food that is recovered for human
consumption and is not discarded. For the purposes of this Agreement, Discarded Materials include
Source Separated Recyclable Materials, SSBCOW, SSGCOW, Food Waste, Gray Container
Waste or Mixed Waste, and C&D once the materials have been placed in Containers for Collection.
2.50 Disposal
“Disposal” or “Dispose” means the final disposition of any Solid Waste Collected by the
Contractor or Residue from Contractor’s Processing activities at a permitted Landfill or other
permitted Solid Waste Facility.
2.51 Diversion
“Diversion (or any variation thereof including “Divert”)” means activities which reduce or
eliminate Discarded Materials from Disposal, including, but not limited to, source reduction,
Reuse, salvage, Recycling, and composting.
2.52 Dual Stream (or Dual-Stream)
“Dual Stream” or “Dual-Stream” means a Collection method in which the Generators are
instructed to separate Source Separated Recyclable Materials (such as, but not limited to,
SSBCOW and Non-Organic Recyclables) or SSGCOW (such as, but not limited to, Yard
Trimmings and Food Waste) into two streams of materials for placement in two sections of a Split
Container or into two different Containers, and in which the Contractor maintains the separation
of the two streams during Collection and Processes each stream separately.
2.53 Edible Food
“Edible Food” means food intended for human consumption. For the purposes of this
Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this
Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety
requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18)
for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall
apply to this Agreement.
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2.54 Effective Date
“Effective Date” means the date on which the Agreement becomes binding upon the
Parties, which is the date when the latter of the Parties has executed this Agreement.
2.55 Environmental Laws
“Environmental Laws” means all federal and State statutes and City ordinances concerning
public health, safety, and the environment including, by way of example and not limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC
Section 9601, et seq.; the Resource Conservation and Recovery Act, 42 USC Section 6901, et seq.;
the Federal Clean Water Act, 33 USC Section 1251, et seq.; the Toxic Substance Control Act, 15
USC Section 2601, et seq.; the Occupational Safety and Health Act, 29 USC Section 651, et seq.;
the California Hazardous Waste Control Act, California Health and Safety Code Section 25100,
et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, California Health and
Safety Code Section 25300, et seq.; the Porter-Cologne Water Quality Control Act, California
Water Code Section 13000, et seq.; the Safe Drinking Water and Toxic Enforcement Act of 1986,
California Health and Safety Code Section 25249.5, et seq.; all as currently in force or as hereafter
amended, and all rules and regulations promulgated thereunder.
2.56 Excluded Waste
“Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste,
Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and
toxic substances or material that Approved Facility operator(s) reasonably believe(s) would, as a
result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or
Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that
cannot be Disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste
that in Contractor’s reasonable opinion would present a significant risk to human health or the
environment, cause a nuisance or otherwise create or expose Contractor or City to potential
liability; but not including de minimis volumes or concentrations of waste of a type and amount
normally found in Single-Family or Multi-Family Solid Waste after implementation of programs
for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in
compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded
Waste does not include used motor oil and filters, household batteries, Universal Wastes, and/or
latex paint when such materials are defined as allowable materials for Collection through this
Agreement and the Generator or Customer has properly placed the materials for Collection
pursuant to instructions provided by City or Contractor as set forth in this Agreement.
2.57 Facility(ies)
“Facility(ies)” means any plant, site, or operation used for the purpose of handling
Discarded Materials, including, but not limited to, Disposal, Transfer, Recycling, composting, and
processing facilities or operations.
2.58 Food Recovery
“Food Recovery” means actions to collect and distribute food for human consumption
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which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
2.59 Food Recovery Organization
“Food Recovery Organization” means an entity that primarily engages in the collection or
receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food
to the public for Food Recovery either directly or through other entities, including, but not limited
to:
A. A food bank as defined in Section 113783 of the Health and Safety Code;
B. A nonprofit charitable organization as defined in Section 113841 of the Health and
Safety code; and,
C. 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 to this Agreement.
2.60 Food Recovery Service
“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).
2.61 Food Scraps
“Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry,
seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes
fats, oils, and grease when such materials are Source Separated from other Food Scraps.
2.62 Food-Soiled Paper
“Food-Soiled Paper” means compostable paper material that has come in contact with food
or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza
boxes, and milk cartons.
2.63 Food Waste
“Food Waste” means Source Separated Food Scraps and Food-Soiled Paper. Food Waste
is a subset of SSGCOW. Edible Food separated for Food Recovery shall not be considered Food
Waste.
2.64 Franchise Area
“Franchise Area” shall mean all Premises within the City Limits, including Premises which
may be annexed and thereby added to the City Limits following the Effective Date.
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2.65 Franchise Fee
“Franchise Fee” shall mean the franchise fee set forth and more fully defined in Section
12.3 hereof.
2.66 Generator
“Generator” means any Person whose act first causes Discarded Materials to become
subject to regulation under the Municipal Code or under federal, State, or local regulations.
2.67 Gray Container
“Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be
used for the purpose of storage and Collection of Non-Recyclable Waste or Mixed Waste including
Food Waste.
2.68 Green Container
“Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be
used for the purpose of storage and Collection of Yard Trimmings and Wood waste.
2.69 Gross Receipts
“Gross Receipts” shall mean and include all monies, fees, charges, consideration, and
revenue received by or imputed to Contractor and any Affiliate of Contractor, in connection with,
arising from, or in any way attributable to the Solid Waste Handling Services carried out by or on
behalf of Contractor pursuant to this Agreement. Gross Receipts includes, without limitation,
monthly or quarterly Customer charges that are received by Contractor for Collection of Solid
Waste, without subtracting Franchise Fees, fees imposed and collected pursuant to this Agreement,
sums collected in connection with Temporary Services, and transportation charges. Gross
Receipts does not include revenue from the sale of Recyclable Material, Green Waste, food waste,
and other material which is diverted from disposal.
2.70 Hauler Route
“Hauler Route” means the designated itinerary or sequence of stops for each segment of
the City ’s Collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
2.71 Hazardous Substance
“Hazardous Substance” shall mean any of the following:
A. Any substance defined, regulated or listed (directly or by reference) as “hazardous
substances”, “hazardous materials”, “hazardous wastes”, “toxic waste”, “pollutant” or
“toxic substances” or similarly identified as hazardous to human health or the environment,
in or pursuant to (i) the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, 42 USC Section 9601, et seq.; (ii) the Hazardous Materials
Transportation Act, 49 USC Section 5101, et seq.; (iii) the Resource Conservation and
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Recovery Act, 42 USC Section 6901, et seq.; (iv) the Clean Water Act, 33 USC Section
1251, et seq.; (v) California Health and Safety Code Sections 25115-25117, 25249.8,
25281, and 25316; (vi) the Clean Air Act, 42 USC Section 7401, et seq.; and (vi) California
Water Code Section 13050; (b) any amendments, rules, or regulations promulgated
thereunder to such enumerated statutes or acts currently existing or hereinafter enacted;
and (c) any other hazardous or toxic substance, material, chemical, waste, or pollutant
identified as hazardous or toxic or regulated under any other applicable federal, State, and
local environmental laws currently existing or hereinafter enacted, including without
limitation, friable asbestos, polychlorinated biphenyl (“PCBs”), petroleum, natural gas and
synthetic fuel products, and by-products.
2.72 Hazardous Waste
"Hazardous Waste" or “Hazardous Wastes” means any waste which meets the definitions
set forth in 22 CCR Section 66261.3, et seq. and is required to be managed; or as otherwise defined
in 14 CCR Section 17402(a)(7). Hazardous Waste includes hazardous wood waste, which means
wood that falls within the definition of “treated wood” or “treated wood waste” in 22 CCR Section
67386.4, or as otherwise defined in 14 CCR Section 18982(a)(30.5).
2.73 High Diversion Organic Waste Processing Facility
“High Diversion Organic Waste Processing Facility” means a High Diversion Organic
Waste Processing Facility as defined in 14 CCR Section 18982(a)(33).
2.74 Inerts
“Inerts” means materials such as concrete, soil, asphalt, and ceramics.
2.75 City Contract Manager
City Contract Manager means the City Manager or their designee.
2.76 Landfill
“Landfill” means a “Solid Waste Landfill” defined by Public Resources Code Section
40195.1.
2.77 Large Event
“Large Event” means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an average of
more than 2,000 individuals per day of operation of the event, at a location that includes, but is not
limited to, a public, nonprofit, or privately-owned park, parking lot, golf course, street system, or
other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38)
differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this
Agreement.
2.78 Large Venue
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“Large Venue” means a permanent venue facility that annually seats or serves an average
of more than 2,000 individuals within the grounds of the facility per day of operation of the venue
facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility
includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium,
amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum, theater, or other public
attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a site
under common ownership or control that includes more than one Large Venue that is contiguous
with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section
18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall
apply to this Agreement.
2.79 Liquidated Damages
“Liquidated Damages” means the amounts due by Contractor for failure to meet specific
quantifiable standards of performance as described in Section 18.7.
2.80 Medical Waste
“Medical Waste” means any Solid Waste that is generated or has been used in the
diagnosis, treatment, or immunization of human beings or animals, or research pertaining thereto,
and shall include, but not be limited to, biomedical, biohazardous and medical waste, or other Solid
Waste resulting from medical activities or services as defined by the Municipal Code or any State
or federal law or regulation, all as currently enacted or subsequently amended.
2.81 Mixed Waste
“Mixed Waste” means Mixed Waste Organic Collection Stream and Solid Waste Collected
in a Container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be Transported
to a High Diversion Organic Waste Processing Facility.
2.82 Mixed Waste Organic Collection Stream
“Mixed Waste Organic Waste Collection Stream” means Organic Waste Collected in a
Container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be Transported to
a High Diversion Organic Waste Processing Facility, or as otherwise defined in 14 CCR Section
17402(a)(11.5).
2.83 Mulch
“Mulch” means a layer of material applied on top of soil, and, for the purposes of the
Agreement, Mulch shall conform with the following conditions, or conditions as otherwise
specified in 14 CCR Section 18993.1(f)(4):
A. Meets or exceeds the physical contamination, maximum metal concentration, and
pathogen density standards for land application specified in 14 CCR Section
17852(a)(24.5)(A)(1) through (3).
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B. Was produced at one or more of the following types of Facilities:
1. A compostable material handling operation or facility as defined in 14 CCR
Section 17852(a)(12), that is permitted or authorized under 14 CCR, Division 7,
other than a chipping and grinding operation or facility as defined in 14 CCR
Section 17852(a)(10);
2. A Transfer/Processing Facility or Transfer/Processing operation as defined
in 14 CCR Section 17402(a)(30) and (31), respectively, that is permitted or
authorized under 14 CCR, Division 7; or,
3. A Solid Waste Landfill as defined in PRC Section 40195.1 that is permitted
under 27 CCR, Division 2.
2.84 Multi-Family or Multi-Family Dwelling Unit
“Multi-Family” means of, from, or pertaining to residential Premises with two or more
dwelling units attached or detached on a site or lot, which does not include an accessory dwelling
unit. Multi-Family Premises do not include hotels, motels, or other transient occupancy facilities,
which are considered Commercial Businesses. References to “Multi-Family Dwelling Unit” refer
to an individual residential unit of the Multi-Family Premises.
2.85 Municipal Code
“Municipal Code” shall mean City’s Municipal Code (“Los Alamitos Municipal Code”).
2.86 Non-Compostable Paper
“Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material
that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section
18982(a)(41).
2.87 Non-Organic Recyclables
“Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes
including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in
14 CCR Section 18982(a)(43). Non-Organic Recyclables are a subset of Source Separated
Recyclable Materials.
2.88 Organic Waste
“Organic Waste” means Solid Wastes containing material originated from living organisms
and their metabolic waste products including, but not limited to, food, Yard Trimmings, organic
textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids,
digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and
digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5),
respectively.
2.89 Paper Products
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“Paper Products” include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as
otherwise defined in 14 CCR Section 18982(a)(51).
2.90 Parent Company
“Parent Company” means a company that has a controlling interest in another company,
enabling the Parent Company to control management and operations of the Affiliate or Subsidiary
company.
2.91 Party or Parties
“Party” or “Parties” refers to the City and Contractor, individually or together.
2.92 Person
“Person” has the same meaning as in Public Resources Code Section 40170, which states,
as of the Effective Date of this Agreement, that a Person includes an individual, firm, limited
liability company, association, partnership, political subdivision, government agency,
municipality, industry, public or private corporation, or any other entity whatsoever.
2.93 Premises
“Premises” means a tract of land with or without habitable buildings or appurtenant structures.
2.94 Printing and Writing Papers
“Printing and Writing Papers” include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila
envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers,
posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise
defined in 14 CCR Section 18982(a)(54).
2.95 Process, Processed, or Processing
“Processing” means the controlled separation, recovery, volume reduction, conversion, or
Recycling of Solid Waste including, but not limited to, organized, manual, automated, or
mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or
includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise
defined in 14 CCR Section 17402(a)(20).
2.96 Prohibited Container Contaminants
Three-Container Collection service (Blue, Green, and Gray Containers) “Prohibited
Container Contaminants” means the following:
A. Discarded Materials placed in the Blue Container that are not identified as
acceptable Source Separated Recyclable Materials for the City ’s Blue Container;
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B. Discarded Materials placed in the Green Container that are not identified as
acceptable for the City ’s Green Container;
C. Discarded Materials placed in the Gray Container that are designated to be placed
in City ’s Green Container and/or Blue Container ; and
D. Excluded Waste placed in any Container.
Two-Container Collection Service for Source Separated Recyclable Materials and Mixed
Waste (Blue and Gray Containers) “Prohibited Container Contaminants” means the following:
A. Discarded Materials placed in the Blue Container that are not identified as
acceptable Source Separated Recyclable Materials for City ’s Blue Container;
B. Discarded Materials placed in the Gray Container that are identified as acceptable
Source Separated Recyclable Materials, which are to be separately Collected in City ’s
Blue Container; and,
C. Excluded Waste placed in any Container.
2.97 Property Owner
“Property Owner” means the owner of real property, or as otherwise defined in 14 CCR
Section 18982(a)(57).
2.98 Public Resources Code (PRC)
“Public Resources Code” or “PRC” means the California Public Resources Code.
2.99 Putrescible Waste
“Putrescible Waste” means wastes that are capable of being decomposed by micro-
organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive
conditions, and includes materials such as, but not limited to Food Waste, offal, and dead animals;
or as otherwise defined in 14 CCR Section 17402(a)(21).
2.100 Rate
“Rate” means the amount, expressed as a dollar unit, that Contractor bills a Customer for
providingspecified services under this Agreement. The Rate shall be mutually agreed-upon by
Contractor and Customer.
2.101 Rate Period
“Rate Period” means a twelve (12) month period, commencing July 1 and concluding June
30.
2.102 Recycle/Recycling
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“Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, treating, and
reconfiguring materials for the purpose of returning them to the economic mainstream in the form
of raw material for new, Reused, or reconstituted products that meet the quality standards
necessary to be used in the marketplace. Recycling includes processes deemed to constitute a
reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling
does not include gasification or transformation as defined in Public Resources Code Section
40201.
2.103 Remnant Organic Material
“Remnant Organic Material” means the Organic Waste that is Collected in a Gray
Container that is part of the Gray Container Collection stream, or as otherwise defined in 14 CCR
17402(a)(23.5).
2.104 Renewable Natural Gas (RNG)
“Renewable Natural Gas” or “RNG” means gas derived from Organic Waste that has been
diverted from a Landfill and Processed at an in-vessel digestion facility that is permitted or
otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR
Section 18982(a)(62).
2.105 Residual (or Residue)
“Residual” or “Residue” means the Solid Waste destined for Disposal, further
transfer/processing as defined in 14 CCR Section 17402(a)(30) or 14 CCR Section 17402(a)(31),
or transformation which remains after Processing has taken place and is calculated in percent as
the weight of Residual divided by the total incoming weight of materials.
2.106 Responsible Customer
“Responsible Customer” means the Customer who is responsible for making arrangements
with Contractor to ensure Collection services are provided at Commercial Premises or Residential
Premises in circumstances where a management company, homeowner association, or similar type
entity arranges Collection services for such Premises. In the event of any dispute as to whether a
right or obligation set forth herein is held by a Customer or a Responsible Customer, the City
Manager is authorized to resolve such dispute in a manner that he determines best implements the
intent of this Agreement.
2.107 Reusable Items
“Reusable Items” means items that are capable of being Reused after minimal Processing.
Reusable Items may be Collected Source Separated or recovered through a Processing Facility.
Reusable Items may include, but are not limited to, clothing, furniture, and/or sporting equipment.
2.108 Reuse
“Reuse” or any variation thereof, means the use, in the same, or similar, form as it was
produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR
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Section 17402.5(b)(2).
2.109 Roll-Off Box
“Roll-Off Box” means an open- or closed-top metal Container, roll-top Container, or
closed compactor Container serviced by a roll-off truck and with a Container capacity of 10 to 50
cubic yards. Roll-off boxes are also known as drop boxes or debris boxes.
2.110 Salvageable Material (or Salvaged Material)
“Salvageable Material” or “Salvaged Material” means an object or material that results
from salvaging, where salvaging means the controlled separation of Solid Waste material which
do not require further processing for Reuse or Recycling prior to Transfer activities, or as otherwise
defined in 14 CCR Section 17402(a)(24).
2.111 SB 1383
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety
Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the
Public Resources Code, establishing methane emissions reduction targets in a statewide effort to
reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and
replaced from time to time.
2.112 SB 1383 Regulations
“SB 138 Regulations” or “SB 1383 Regulatory” refers to the Short-Lived Climate
Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted
in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14
CCR and 27 CCR.
2.113 Self-Hauler (or Self-Haul)
“Self-Hauler” or “Self-Haul” means a Person who hauls Solid Waste, Organic Waste, or
recovered material they have generated to another Person, or as otherwise defined in 14 CCR
Section 18982(a)(66). Self-Hauler also includes a Person who Back-Hauls waste.
2.114 Service Level
“Service Level” refers to the number and size of a Customer’s Container(s) and the
frequency of Collection service, as well as ancillary services such as lock/unlock service,
Container push/pull service, etc.
2.115 Single-Family or Single-Family Dwelling (SFD)
“Single-Family” or “Single-Family Dwelling” or “SFD” means any residential Premises
with less than two (2) units, not including an accessory dwelling unit.
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2.116 Solid Waste
“Solid Waste” has the same meaning as defined in PRC Section 40191, which defines Solid
Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes,
abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered,
treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or
animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the
exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in PRC Section 40141.
(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter8
(commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety
Code).
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14,
commencing with Section 117600, of Division 104 of the Health and Safety Code).
Untreated medical waste shall not be disposed of in a solid waste Landfill, as defined in
PRC Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste
shall be regulated pursuant to PRC, Division 30.
2.117 Source Separated
“Source Separated” means materials, including commingled Recyclable materials, that
have been separated or kept separate from the Solid Waste stream, at the point of generation, for
the purpose of additional sorting or Processing those materials for Recycling or Reuse in order to
return them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products which meet the quality standards necessary to be used in the marketplace,
or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement,
Source Separated shall include separation of materials by the Generator, Property Owner, Property
Owner’s employee, property manager, or property manager’s employee into different Containers
for the purpose of Collection such that Source Separated materials are separated from Gray
Container Waste or Mixed Waste and other Solid Waste for the purposes of Collection and
Processing.
2.118 Source Separated Blue Container Organic Waste (SSBCOW)
“Source Separated Blue Container Organic Waste” or “SSBCOW” means Source
Separated Organic Waste that can be placed in a Blue Container that is limited to the Collection
of those Organic Wastes and Non-Organic Recyclables as defined in 14 CCR Section
18982(a)(43); or as otherwise defined by 14 CCR Section 17402(a)(26.7). The accepted types of
SSBCOW and process for modifying the accepted types of SSBCOW are specified in Section 8.
2.119 Source Separated Green Container Organic Waste (SSGCOW)
“Source Separated Green Container Organic Waste” or “SSGCOW” means Source
Separated Organic Waste that can be placed in a Green Container that is specifically intended for
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the separate Collection of Organic Waste by the Generator, excluding SSBCOW, carpets, Non-
Compostable Paper, and textiles. The accepted types of SSGCOW and process for modifying the
accepted types of SSGCOW are specified in Section 8. SSGCOW is a subset of Organic Waste.
2.120 Source Separated Recyclable Materials
“Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and
SSBCOW. The accepted types of Source Separated Recyclable Materials and process for
modifying the accepted types of Source Separated Recyclable Materials are specified in Section
8.
2.121 State
“State” means the State of California.
2.122 Subcontractor
“Subcontractor” means any Person, firm, or entity hired by Contractor to carry out any of
Contractor’s duties under this Agreement.
2.123 Subsidiary
“Subsidiary” means an Affiliate with fifty percent (50%) or more of its ownership
controlled by Contractor.
2.124 Temporary Service
“Temporary Service” shall mean Solid Waste Handling Services provided by Contractor
on an as-needed and temporary basis to any Premises within the City in conjunction with
construction, demolition, cleanup or other projects, and by use of temporarily placed Bins or Roll
off Boxes.
2.125 Term
“Term” means the duration of this Agreement, including extension periods if granted, as
provided for in Section 6.
2.126 Tier One Commercial Edible Food Generators
“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:
A. Supermarket.
B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
C. Food Service Provider.
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D. Food Distributor.
E. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply
to this Agreement.
2.127 Tier Two Commercial Edible Food Generators
“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:
A. Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet.
B. Hotel with an on-site food facility and 200 or more rooms.
C. Health facility with an on-site food facility and 100 or more beds.
D. Large Venue.
E. Large Event.
F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility
size equal to or greater than 5,000 square feet.
G. A local education agency with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply
to this Agreement.
2.128 Ton
“Ton” or “Tonnage” or “Tons” means a unit of weight equal to 2,000 pounds (907.18474
kg).
2.129 Transfer
“Transfer” means the act of transferring Discarded Materials Collected by Contractor from
Contractor’s Collection vehicles into larger vehicles at a Transfer Facility for Transport to other
Facilities for Processing or Disposing of such materials. Transfer allows for removal of materials
excluded or prohibited from handling at the Transfer Facility (e.g., removal of Hazardous Waste).
2.130 Transformation
“Transformation” means incineration, pyrolysis, distillation, gasification, or biological
conversion other than composting. “Transformation” does not include composting.
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2.131 Transportation or Transport
“Transportation” or “Transport” means the act of conveying Collected materials from one
location to another.
2.132 Universal Waste (or U-Waste)
“Universal Waste” or “U-Waste” means all wastes defined by 22 CCR Subsections
66273.1 through 66273.9. These include, but are not limited to, batteries, fluorescent light bulbs,
mercury switches, and electronic waste.
2.133 Work Days
“Work Days” or “Working Days” means days on which the Contractor is required to
provide regularly scheduled Collection services under this Agreement.
2.134 Yard Trimmings
“Yard Trimmings” means types of SSGCOW resulting from normal yard and landscaping
installation, maintenance, or removal that the Generators Source Separate and set out in Green
Containers for Collection for the purpose of Processing by the Contractor.
SECTION 3. GRANT OF EXCLUSIVE FRANCHISE FOR SOLID WASTE
HANDLING SERVICES FROM ALL RESIDENTIAL AND COMMERCIAL
PREMISES, AND FOR PROVIDING TEMPORARY SOLID WASTE HANDLING
SERVICE
3.1 Scope of Franchise
Except as hereinafter expressly set forth, City hereby grants to Contractor and Contractor
hereby accepts from City, for the Term hereof, the exclusive contract, right, and privilege to
Collect, transport, and dispose of all Solid Waste generated or accumulated within the Franchise
Area. The exclusive franchise, right and privilege to provide Solid Waste Handling Services
within City granted to Contractor by this Agreement shall be interpreted to be consistent with all
applicable state and federal laws, now in effect and adopted during the Term of this Agreement,
and the scope of this Agreement shall be limited by all applicable current and developing laws and
regulations. In the event that future interpretations of current law or future enactments limit the
ability of City to lawfully grant Contractor the scope of services as specifically set forth herein,
Contractor agrees that the scope of this Agreement will be limited to those services and materials
which may be lawfully provided, and that City shall not be responsible for any lost profits claimed
by Contractor as a result thereof.
3.2 Matters Excluded from Scope of Franchise
Notwithstanding any other provisions set forth in this Agreement to the contrary, the
exclusive franchise granted herein shall exclude the Collection, transportation, recycling, and
disposal of:
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A. Any Solid Waste otherwise within the scope of this Agreement which is transported
by a Self-Hauler as that term is used in the Municipal Code, or any other City ordinance,
resolution, regulation or policy, as such may be adopted or amended from time to time;
B. Any Solid Waste otherwise within the scope of this Agreement during a locally
proclaimed emergency (defined as a “local emergency” pursuant to Section 8630 of the
California Emergency Services Act) or subsequent recovery period, provided that
Contractor lacks the ability to perform the necessary work in a timely manner, or for any
other reason determined by City related to public health, safety or welfare;
C. The sale, donation, or transfer Recyclable Material by the person or entity that
generated such Recyclable Material (the “Generator”) to any person or entity other than
Contractor; provided, however, to the extent permitted by law, if the Generator is required
to pay monetary or non-monetary consideration for the Collection, transportation, transfer,
or processing of Recyclable Material to any person or entity other than Contractor, the fact
that the Generator receives a reduction or discount in price (or in other terms of the
consideration the Generator is required to pay) shall not be considered a sale or donation;
D. Any Solid Waste otherwise within the scope of this Agreement which is Collected
or transported to a disposal or recycling facility by City agents or employees in the course
and scope of services provided for the City;
E. Any Solid Waste Collected at any City sponsored event if City does not request
Contractor provide Collection services for the City sponsored event;
F. The Collection, transportation, or disposal of Hazardous Waste; universal waste;
E-Waste; biohazardous waste; untreated medical waste; infectious waste; Animal Waste;
used cooking fats, oils, grease and similar waste; or other materials which do not constitute
Solid Waste;
G. The Collection, transportation, and disposal of Construction and Demolition Waste
by a contractor, handyman, repairman, or other similar service provider, using its own
equipment, as an incidental part of the services provided to its Customers, rather than as a
hauling service, provided that such waste is not Collected or transported by a third party
hired for the primary purpose of Collecting and transporting said materials;
H. The Collection, transportation, and disposal of Green Waste, including, but not
limited to Green Waste and related Solid Waste by a gardener, or landscaper, as an
incidental part of the gardening or landscaping services provided to its customers, rather
than as a hauling service provided that such Solid Waste is not collected or transported by
a third party hired for the primary purpose of Collecting and transporting said materials;
and
I. Solid Waste Handling Services provided by any Person having a legal right to
continue doing so, pursuant to Public Resources Code Section 49520, et. seq., or otherwise,
as long as and to the extent such legal right continues to exist; except that to the degree any
territory in which Contractor has a franchise granted by another governmental entity is
annexed into City during the Term, Contractor agrees the provisions of this Agreement
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shall apply to such territory and further acknowledges that this Agreement constitutes any
notice required by the Public Resources Code in connection therewith.
J. Edible Food. Edible Food that is collected from a Generator by other Person(s),
such as a Person from a Food Recovery Organization or Food Recovery Service, for the
purposes of Food Recovery; or that is transported by the Generator to another location(s),
such as the location of a Food Recovery Organization, for the purposes of Food Recovery,
regardless of whether the Generator donates, sells, or pays a fee to the other Person(s) to
collect or receive the Edible Food from the Generator.
K. Food and Beverage Byproducts. The hauling of byproducts from the processing
of food or beverages and use of such material as animal feed if the byproducts originate
from agricultural or industrial sources, do not include animal (including fish) processing
byproducts, are Source Separated by the Generator of the byproducts, and are not
discarded; and, if the use as animal feed is in accordance with 14 CCR Section
18983.1(b)(7).
L. On-Site or Community Composting. Organic Waste that is composted or
otherwise legally managed at the site where it is generated or at a Community Composting
site.
M. Contractor Self haul. The hauling of solid waste by construction and demolition
contractors with their own equipment as an ancillary function to their primary business
activity.
SECTION 4. ENFORCEMENT OF EXCLUSIVITY
Contractor shall be responsible for enforcing the exclusivity of this Agreement. City shall
reasonably assist Contractor in its efforts to enforce the exclusivity hereof. In addition, City shall
adopt such ordinances or other regulations as it deems to be necessary or desirable to protect the
exclusive rights granted herein. City shall have the right, but not the obligation, to enforce the
exclusivity hereof, including by instituting appropriate legal proceedings, and/or to request that
Contractor do so. Contractor shall have an affirmative obligation to enforce such exclusivity
provisions when requested to do so by City. Contractor shall reimburse City for its reasonable
legal costs, administrative costs (including staff time), or other expenses incurred in connection
with City’s actions to either enforce the exclusivity hereof, or to assist Contractor in doing so.
SECTION 5. ACCEPTANCE; WAIVER
Contractor agrees to be bound by and comply with all the requirements of this Agreement.
Contractor waives Contractor’s right to challenge the terms of this Agreement under federal, state,
or local law, or administrative regulation. Contractor waives any right or claim to serve the City
or any part of the City under any prior grant of franchise, contract, license, or permit issued or
granted by any governmental entity including any right under Section 49520 of the Public
Resources Code.
SECTION 6. TERM
The term of this Agreement (the “Term”) shall be for an approximate period of seven (7)
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years commencing on the Effective Date, with an option to extend the Agreement exercisable by
the City on the same terms and conditions for up to three (3) additional years (ten years total).
The Solid Waste Collection services provided to Customers shall commence on January 1, 2022
(“Service Commencement Date”). The Term of this Agreement shall end at midnight on
December 31, 2029, unless earlier terminated or unless the City provides written notice to
Contractor on or before July 1, 2028 that it desires to exercise its option to extend the Term. The
decision to exercise said option shall be subject to the City Council’s sole, absolute and unfettered
discretion. Prior to exercising its extension option, the City Council may, at its discretion, require
the City Manager to conduct a performance review during the preceding fiscal year after receiving
an advance deposit from Contractor to cover the cost of such review, in an amount subject to the
City Manager’s reasonable determination, and said performance review will be separate from and
in addition to the performance review set forth in Section 17. This performance review may
include, but is not limited to, an assessment of opportunities for Contractor to reduce vehicle miles
traveled based on data acquired by Contractor pursuant to Section 10, as well as an assessment of
the greenhouse gas emissions generated by Contractor during Contractor’s performance of this
Agreement.
SECTION 7. CONDITIONS TO EFFECTIVENESS OF AGREEMENT
The satisfaction of each and all of the conditions set out below, each of which may be
waived in whole or in part by City in writing, is a condition precedent to the effectiveness of this
Agreement, and a condition of Contractor’s continued right to the benefits conveyed herein:
7.1 Accuracy of Representation
All representations and warranties made by Contractor and set forth in this Agreement shall
be accurate, true, and correct on and as of the Effective Date of this Agreement.
7.2 Absence of Litigation
There shall be no litigation pending in any court challenging the award of this Agreement
to Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance.
7.3 Furnishing of Insurance and Bonds, Letter of Credits, or Asset Pledge
Contractor shall have furnished evidence of the insurance and sureties required by Sections
14 and 15 hereof, and shall comply with all ongoing requirements relating thereto.
7.4 Effectiveness of City Council Action
The City Council’s action approving this Agreement shall have become effective pursuant
to California law.
7.5 Payment of Fees and Costs
Contractor shall have made payment to City of all fees, costs and other payments due as
more fully set forth in Section 12.
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SECTION 8. SOLID WASTE HANDLING SERVICES PROVIDED BY
CONTRACTOR
8.1 General
A. Overall Performance Obligations. The scope of services to be performed by
Contractor pursuant to this Agreement shall include the furnishing of all labor, supervision,
equipment, materials, supplies, and all other items necessary to perform all requirements
of the Agreement. The enumeration of, and specification of requirements for, particular
items of labor or equipment shall not relieve the Contractor of the duty to furnish all others,
as may be required, whether enumerated or not.
The scope of services to be performed by Contractor pursuant to this Agreement
shall be accomplished in a manner so that Customers are provided reliable, courteous, and
high-quality Collection services and other services described in this Agreement 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 generally provided in this Section for the delivery of services, whether such other
aspects are enumerated elsewhere in the Agreement or not.
Contractor shall not knowingly Collect Blue, Green, Brown, or Gray Containers
that include Prohibited Container Contaminants.
B. Ownership of Discarded Materials. By operation of this Agreement, ownership
and the right to possession of all Discarded Materials shall be transferred to Contractor
from the Person discarding the materials (Customer and/or Generator) once such materials
are placed in Containers and properly placed for Collection. If Prohibited Container
Contaminants are found in Containers set out for Collection, the materials shall be
considered not properly placed for Collection, and Contractor shall have the right to reject
Collection of the contaminated Containers pursuant to Section 9.3 and the ownership of
materials shall remain with the Person discarding the materials (Customer and/or
Generator). Except as required in the City ’s sole discretion for law enforcement purposes,
at no time shall the City obtain any right of ownership or possession of Discarded Materials
placed for collection and nothing in this Agreement shall be construed as giving rise to any
inference that City has such rights. Refer to Section 9.1 for transfer of ownership of
Discarded Materials from Contractor to Facility operator(s) of Approved/Designated
Facilities.
8.2 Residential Three-Container System (Blue, Green, and Gray Containers)
A. General. No later than January 1, 2022, Contractor shall provide a three-Container
Collection program for the separate Collection of Source Separated Recyclable Materials,
Yard Trimmings and Wood Waste, and Mixed Waste including Organic Food Scraps,
using Containers that comply with the requirements of Section 8.7.7.
B. Source Separated Recyclable Materials Collection (Blue Container).
Contractor shall provide Blue Containers to Customers for Collection of Source Separated
Recyclable Materials and shall provide Source Separated Recyclable Materials Collection
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service. Contractor shall Transport the Source Separated Recyclable Materials to the
Approved Source Separated Recyclable Materials Processing Facility, as specified in
Section 9.1.
The Parties agree that the list of accepted types of Source Separated Recyclable
Materials may be added to or removed from this list from time to time by mutual consent
of the City provided that in all cases SSBCOW is included for Collection. Contractor shall
not add or remove materials to or from this list without written approval from the City
Contract Manager or signed amendment to the Agreement, and such approval shall not be
unreasonably withheld. Prohibited Container Contaminants shall not be Collected in the
Blue Containers. The Containers shall comply with the requirements of Section 8.7.7.
C. Green Waste Collection (Green Container). The Contractor will establish a
Green Waste Collection Program with Commingling of Yard Trimmings and Wood Waste
(Green Container).
Contractor shall provide Green Containers to Customers for Collection of Yard
Trimmings and Wood Waste and shall provide Collection service. Contractor shall
Transport the Yard Trimmings and Wood Waste to the Approved Organic Waste
Processing Facility, or the Approved Transfer Facility for Transfer and Transport to
Approved Organic Waste Processing Facility.
The Parties agree that types of Yard Trimmings and Wood Waste products may be
added to or removed from this list from time to time by mutual consent or at the sole
discretion of the City. Contractor shall not add or remove materials to or from this list
without written approval from the City Contract Manager or signed amendment to the
Agreement, and such approval shall not be unreasonably withheld. Carpets, non-
Compostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected
in the Green Containers.
D. Mixed Waste Collection (Gray Container). Contractor shall provide Gray
Containers to Customers for Collection of Mixed Waste, and shall provide Mixed Waste
Collection service. Contractor shall Transport the Mixed Waste to the Approved High
Diversion Organic Waste Processing Facility, or the Approved Transfer Facility for
Transfer and Transport to an Approved High Diversion Organic Waste Processing Facility.
Contractor may allow carpets and textiles to be placed in the Gray Containers. Prohibited
Container Contaminants shall not be Collected in the Gray Containers.
8.3 Commercial Three (3) and Three (3) plus Container Collection for Source Separated
Recyclable Materials, Green Waste, Organics (Food Scraps) and Waste
A. General. No later than July 1, 2022, Contractor shall provide a three or three plus
Container Collection program for the separate Collection of Source Separated Recyclable
Materials, Green and Wood Waste, Organic Food Waste (Scraps) and Non-Recyclable
Waste using Containers that comply with the requirements of Section 8.7.7.
B. Source Separated Recyclable Materials Collection (Blue Container).
Contractor shall provide Blue Containers to Customers for Collection of Source Separated
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Recyclable Materials and shall provide Source Separated Recyclable Materials Collection
service. Contractor shall Transport the Source Separated Recyclable Materials to the
Approved Source Separated Recyclable Materials Processing Facility, as specified in
Section 9.1.
The Parties agree that the list of accepted types of Source Separated Recyclable
Materials may be added to or removed from this list from time to time by mutual consent
or at the sole discretion of the City provided that in all cases SSBCOW is included for
Collection. Contractor shall not add or remove materials to or from this list without written
approval from the City Contract Manager or signed amendment to the Agreement, and such
approval shall not be unreasonably withheld. Prohibited Container Contaminants shall not
be Collected in the Blue Containers. The Containers shall comply with the requirements of
Section 8.7.7.
C. Green Waste Collection (Green Container). Contractor will establish a Green
Waste Collection Program with Commingling of Yard Trimmings and Wood Waste (Green
Container).
Contractor shall provide Green Containers to Customers for Collection of Yard
Trimmings and Wood Waste and shall provide Collection service. Contractor shall
Transport the Yard Trimmings and Wood Waste to the Approved Organic Waste
Processing Facility, or the Approved Transfer Facility for Transfer and Transport to
Approved Organic Waste Processing Facility.
The Parties agree that types of Yard Trimmings and Wood Waste products may be
added to or removed from this list from time to time by mutual consent or at the sole
discretion of the City. Contractor shall not add or remove materials to or from this list
without written approval from the City Contract Manager or signed amendment to the
Agreement, and such approval shall not be unreasonably withheld. Carpets, non-
Compostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected
in the Green Containers.
D. Commercial Food Waste (Scraps) Collection (Brown Containers). Contractor
shall provide Brown Containers to Customers for Collection of Source Separated Food
Waste, and shall provide Food Waste Collection service. Contractor shall Transport the
Food Waste to (i) the Approved Organic Waste Processing Facility, or (ii) the Approved
Transfer Facility for Transfer and Transport to an Approved Organic Waste Processing
Facility.
E. Waste Collection (Gray Container). Contractor shall provide Gray Containers to
Customers for Collection of Gray Container Waste, and shall provide Gray Container
Waste Collection service. Contractor shall Transport the Gray Container Waste to (i) the
Approved/Disposal Facility, or (ii) the Approved Transfer Facility for Transfer and
Transport to an Approved Disposal Facility. Contractor may allow carpets and textiles to
be placed in the Gray Containers. Prohibited Container Contaminants shall not be Collected
in the Gray Containers. The Containers shall comply with City approval.
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8.4 Multi-family Residential and Optional Commercial Two (2) Container Source Separated
Recyclable Materials and Mixed Waste Collection (Blue and Gray Containers)
At this City’s option and as soon as January 1, 2022, Contractor shall provide a two-
Container Collection program for all City approved Commercial Customers for Collection of
Source Separated Recyclable Materials and Mixed Waste.
Contractor shall provide Blue Containers to Customers for the Collection of Source
Separated Recyclable Materials, and shall Transport the Source Separated Recyclable Materials to
(i) the Approved/Designated Source Separated Recyclable Materials Processing Facility, or (ii)
the Approved/Designated Transfer Facility for subsequent Transport to the Approved/Designated
Source Separated Recyclable Materials Processing Facility, as specified in Section 9.1.
Source Separated Recyclable Materials that are to be accepted for Collection in the Source
Separated Recyclable Materials Collection are noted. The Parties agree that Source Separated
Recyclable Materials may be added to or removed from this list from time to time by mutual
consent or at the sole discretion of the City provided that in all cases SSBCOW is included for
Collection. Contractor shall not add or remove materials to or from this list without written
approval from the City Contract Manager or signed amendment to the Agreement, and such
approval shall not be unreasonably withheld. Prohibited Container Contaminants shall not be
Collected in the Blue Containers.
Contractor shall provide Gray Containers to Customers for Collection of Mixed Waste, and
shall allow Generators to intentionally commingle all Mixed Waste, excluding Source Separated
Recyclable Materials, in the Gray Containers. Contractor shall Transport the contents of the Gray
Container to (i) the Approved/Designated High Diversion Organic Waste Processing Facility, or
(ii) the Approved/Designated Transfer Facility for subsequent Transfer and Transport to the
Approved/Designated High Diversion Organic Waste Processing Facility, as specified in Section
9.1 Prohibited Container Contaminants shall not be Collected in the Gray Containers.
The Containers shall comply with the requirements of Section 8.7.7.
8.5 City Facility and Community Event Services
Contractor shall provide Collection & Port-a-potty/Handwashing services to all City
facilities and community events listed herein, at the service levels requested by the City, and at no
cost to City or other entities. The City facilities and community events to be serviced by Contractor
include the following:
A. City Facilities
• Civic Center Complex – 3191 Katella Avenue
• Community Center Complex – 10911 Oak Street
• Laurel Park – Bloomfield Avenue
• Little Cottonwood Park – 4000 Farquhar Avenue
• Orville R. Lewis Park – 3662 Kempton Drive
• Labourdette Park – 4401 Howard Avenue
• Soroptimist Park – 10822 Pine Street
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• Sterns Park – 3871 Farquhar Avenue
• Coyote Creek Park – 10821 Oak Street
• Stansbury Park – 3711 Toland Avenue
• Los Alamitos Museum – 11062 Los Alamitos Boulevard
• Other City facilities as may be requested by the City
B. Community Events
• Race Los Al and related events
• 4th of July Fireworks Spectacular and related events
• Winter Wonderland and related events
• Serve Los Al and related events
• My City My Los Al Street Fair and related events
• Music and Movie Event Series and related events
• Other City-sponsored community events as may be requested by City.
C. Port-a-potty/Handwashing
• Race Los Al and related events
• 4th of July Fireworks Spectacular and related events
• Winter Wonderland and related events
• Serve Los Al and related events
• My City My Los Al Street Fair and related events
• Music and Movie Event Series and related events
• Summer Parks Program
8.6 C&D Collection
Contractor shall Collect C&D materials from all Customers that subscribe to C&D
Collection service and Transport the C&D to:
A. The Approved/Designated C&D Processing Facility, or
B. The Approved/Designated Transfer Facility for Transfer and Transport to an
Approved/Designated C&D Processing Facility.
8.7 Hazardous Household Waste, Christmas Tree Pickup, and Bulky Item Collection
In addition to regular collection services, Contractor shall provide, free of charge, periodic
collection of Household Hazardous Waste (HHW), Christmas tree pickup, and bulky items. HHW
collection shall be twice per-year, at minimum. Christmas tree pickups shall be offered a minimum
of three (3) weeks. Bulky items collection shall be free at least twice per-year per residential
property or residential multi-family unit (up to 4 items). In addition, monthly sweeps of the City
shall be performed, and any abandoned items removed.
8.7.1 Equipment
Contractor shall furnish all labor, supervision, materials, supplies, and equipment
necessary to provide for all services required by the terms of this Agreement.
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8.7.2 Performance Standards
Contractor shall perform Solid Waste Handling Services as required hereunder in a
workmanlike manner consistent with good housekeeping standards and all relevant provisions of
Applicable Laws.
8.7.3 Noise and Disruption
Contractor shall perform Solid Waste Handling Services as required hereunder in such a
manner as to minimize noise and other disruptive impacts including, without limitation, those upon
traffic.
8.7.4 Collection Times
Contractor shall not commence Collection of Solid Waste for residential Customers
(including both single-family and multi-family residential Premises) until 7:00 a.m., nor shall such
activities occur after 6:00 p.m. on any day. Contractor shall not commence Collection of Solid
Waste for Commercial Premises (excluding multi-family residential premises) until 6:00 a.m., nor
shall such activities occur after 7:00 p.m. on any day, unless prior written approval has been
obtained from the City Manager and provided ay such approved Collection is limited to areas of
the City in which noise from collection vehicles will not impact residential uses. No Solid Waste
Collection shall occur on Sundays at Residential Premises or Commercial Premises, except in
exceptional circumstances for which specific approval is given by the City Manager. Solid Waste
Collection shall not occur on the following holidays: New Year’s Day, Memorial Day, the Fourth
of July, Labor Day, Thanksgiving Day, and Christmas Day.
8.7.5 Collection Schedule
All Collection routes shall be subject to final approval by the City Manager. Customers at
all Residential and Commercial Premises within the City shall have not less than one established
Collection day each week. Contractor shall provide notice to each Customer of its established
Collection day(s), and shall provide at least thirty (30) days’ notice to Customers of any change in
their established Collection day(s). Notwithstanding any provision herein to the contrary, should
any established Collection day fall on a legal holiday, or on any other holiday which is observed
by either a landfill or other lawful disposal site to which Solid Waste is taken for disposal, or a
recycling facility to which Recyclable Material is taken, Contractor shall provide for Collection
one (1) day later during the pick-up week, and the regular Collection schedule shall be resumed
the following week. A pick-up week shall be defined as Monday through Saturday. Contractor
may not change its established Collection schedules without obtaining the prior written consent of
the City Manager.
8.7.6 Commingling of Routes
Contractor shall not during its Collection process commingle Solid Waste Collected
hereunder with Solid Waste Collected in any other City, or on behalf of any other entity operating
or existing within City that is not subject to this Agreement, and is specifically prohibited from
combining Collection routes related to services provided pursuant to this Agreement with
Collection routes for other Cities it may service.
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8.7.7 Contractor’s Containers
A. Provision of Containers by Contractor and Color Standards
1. General. Contractor’s Collection Container bodies and/or lids shall comply
with the color requirements of SB 1383 Regulations and display required labeling.
The initial container colors are provided below:
Blue Containers
(Residential 35, 65 and 95 gallon)) Blue body and lid
Commercial (95 gallon and 1 to 4 cubic yards) Blue body, black lid
Multi-family (95 gallon and 1 to 4 cubic yards) Blue body, black lid
Green Containers
(Residential 35, 65 and 95 gallons) Green body and lid
Commercial (95 gallon and 1 to 4 cubic yards) Green body, black lid
Multi-family (95 gallon and 1 to 4 cubic yards) Green body, black lid
Brown Containers
(Commercial 35, 65 gallon and 2 yards) Brown body and black lid
Gray Containers
(Commercial 95 gallon and 1 to 4 cubic yards) Gray body and black lid
Gray Containers (Mixed Waste)
(Residential 35, 65 and 95 gallon) Gray body and lid
Commercial (95 gallon and 1 to 4 cubic yards) Gray body, and black lid
Multi-family (95 gallon and 1 to 4 cubic yards) Gray body, black lid
Contractor shall provide all Customers with Collection Containers that
comply with the Container color requirements specified in this Section or as
otherwise specified in 14 CCR Section 18982; 14 CCR, Division 7, Chapter 12,
Article 3; or other Applicable Law.
2. Blue Containers (Source Separated Recyclable Materials). Blue
Containers must have a lid and/or body that is blue in color. Hardware such as
hinges and wheels on the Blue Containers may be a different color.
3. Green Containers. Green Containers must have a lid and/or body that are
green in color. Hardware such as hinges and wheels on the Green Containers may
be a different color.
4. Gray Containers (Gray Container Waste or Mixed Waste including
SSGCOW). Gray Containers must have a lid and/or body that are gray in color.
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Hardware such as hinges and wheels on the Gray Container may be a different
color.
5. Brown Containers (Food Waste Commercial Only). Brown Containers
must have a body and /or lid that is brown in color. Hardware such as hinges and
wheels on the Brown Containers may be a different color.
6. C&D Bins and Roll-Off Boxes. Bins and Roll-Off Boxes for Collection of
C&D may be in any color, provided that the colors do not conflict with 14 CCR
Section 18982; 14 CCR, Division 7, Chapter 12, Article 3; or other Applicable Law.
The C&D Container color shall be reviewed and approved by the City.
B. Labeling Requirements
Imprinted or In-Mold Labels for New Containers or New Lids
On or before January 1, 2022, Contractor shall imprint new Container bodies or lids
with text or graphic images that indicate the primary materials accepted and the primary
materials prohibited in that Container. Labels shall clearly indicate items that are Prohibited
Container Contaminants for each Container. Prior to ordering any Containers or lids with
in-mold labels, Contractor shall submit a sample of its proposed label, proposed location(s)
for placement of labels on each type of Container, and its labeling plan to the City Contract
Manager for approval.
C. Container Standards
(A) Contractor’s Containers shall initially provide containers that are new or in
“as new” condition, which means fully functional, well painted or otherwise
uniformly colored with no visible rust or graffiti, and properly labeled.
(B) Contractor shall be responsible to maintain and replace, as necessary, all
Containers.
(C) All Containers shall be maintained by Contractor in good repair, and any
question as to the meaning of this standard shall be resolved by the City Manager.
(D) Contractor shall deliver Containers to each Customer at no additional
charge.
(E) Contractor shall ensure it maintains an accurate list that contains the total
number of Carts, Bins, and indoor recycling containers at each service address or
other identifying location associated with each account and the serial number or
other identifying information associated with each Cart or Bin. Contractor shall
keep this list up to date at all times, provide it to City upon request, and shall include
a current updated list with each annual report as set forth in Section 23.3. In
addition, Contractor shall provide this list to City within thirty (30) days of the
Service Commencement Date.
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(F) Contractor shall, at Responsible Customer’s request, refurbish, replace, and
steam clean as necessary all Bins and Rolloff Boxes at no charge to Customers up
to two times per calendar year. City may require the steam cleaning or replacement
of Bins more frequently if it determines such action is needed to protect public
health and safety. Additional steam cleaning or replacement shall be provided
within 24 hours of notification by City or request by a Responsible Customer at a
charge not to exceed the maximum rate set forth in Exhibit A hereto.
(G) Contractor shall remove any graffiti that appears on a Container within
twenty-four (24) hours (Sundays and holidays excepted) after becoming aware of
it at no charge to Customers.
(H) All Bins and Rolloff Boxes shall be kept freshly painted in a uniform
fashion. All Bins and Rolloff Boxes shall be identified with Contractor’s name and
phone number in letters not less than three inches high on its exterior so as to be
visible and legible when the Container is placed for use.
(I) At a Customer’s request, Contractor shall provide Bins with locking lids
and locks and may charge rates to Customers for locking Bins which do not exceed
the maximum rates set forth on Exhibit A.
(J) Contractor shall mark its Containers with conspicuous warning notices
stating disposal of Hazardous Substances in the Containers is prohibited.
(K) Contractor is responsible for cleaning and maintaining Collection Container
enclosures in a manner reasonably acceptable to City, including, but not limited to,
sweeping and removing litter and debris from the floor of the enclosure after each
Collection and annually steam cleaning the enclosure area.
8.7.8 Missed Pick-ups
In case of a missed pick-up called in by a Customer, Contractor shall Collect Solid Waste
and Recyclable Material from such Customer by 5:00 p.m. on the day of the call if Contractor was
notified before 10:00 a.m. that same day or, for calls received after 10:00 a.m., within twenty-four
(24) hours after the call is received. Records of the addresses of all missed pick-ups shall be
maintained by Contractor, and shall be reported to City on a monthly basis in accordance with
Section 23.1. If Contractor demonstrates to the satisfaction of the City Manager a pattern of
ongoing late “set-outs” by a given Customer, missed pick-ups resulting from late set-outs by that
Customer shall not be counted as missed pick-ups in evaluating Contractor’s performance
hereunder. The Customer service phone system required by Section 11.8.2 hereof is intended,
among other things, to serve as a “hotline” for Customers to call in the event Solid Waste placed
for Collection is not Collected by Contractor and to facilitate having such Solid Waste Collected
as soon as reasonably possible, and in no event later than as required by the provisions hereof.
8.7.9 Record of Non-collection
As more fully set forth herein, Contractor shall Collect all Solid Waste placed for
Collection by Customers in Containers, excepting materials that do not meet the definition of Solid
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Waste (such as hazardous materials) or which are commingled with such materials. Whenever
Contractor determines not to Collect any Solid Waste deposited for Collection, Contractor shall
leave a tag at least 2” by 6” in size, indicating the reason for Contractor’s refusal to do so. This
information may be either handwritten or left by means of a check system (i.e., checking off boxes
on a preprinted form). The tag shall provide Contractor’s business name and its local telephone
number and shall be securely fastened to the Container or the article refused. Contractor shall
maintain a record of all such taggings at its place of business. Such record shall contain the date
of such notice, street address, reason for non-collection, and a summary of any communications
between Contractor and the Customer involved. Such record shall be retained and reported to the
City on a monthly basis in accordance with Section 23.1. Contractor shall follow-up with all
Customers receiving a tag for non-collection by telephone within twenty-four (24) hours.
8.7.10 Commercial Bulky Item Service
Contractor shall provide Bulky Item Collection services to Commercial Customers on an
on-call basis. Contractor may charge rates for such services. Bulky Item Collection service calls
shall be responded to within a reasonable time but not longer than seven (7) days from the date of
the Customer’s call for service. Contractor shall produce, keep current, and provide public
information specifically outlining the Bulky Item pick-up service.
8.7.11 Scout and/or Push Out Services
Certain Commercial Premises within the City Limits are uniquely configured such that
Contractor may determine that a smaller vehicle may be needed to retrieve a Customer’s Container
in order for a regular Collection vehicle to service the Container (“Scout Service”). Certain
Commercial Premises may be configured such that a Customer’s Container must be manually
moved in order to be serviced by a Collection Vehicle (“Push Out Service”). Contractor shall
provide Scout Service and/or Push Out Service to Commercial Premises as it deems appropriate,
however Contractor may not charge for either Scout Service and/or Push Out Service.
8.8 Other Collection Programs as May Be Required by Law
In the event CalRecycle, or any federal, state, or local law or regulation, imposes upon City
or Contractor a requirement for the implementation of any source separated program for the
Collection of any waste material (whether or not meeting the definition of Solid Waste hereunder)
not already covered by this Agreement, whether Commercial or Residential in nature, Contractor
shall design and present a program to City to comply with such requirement, which program shall
meet the City Manager’s reasonable approval (“Proposed Program”). Except with respect to
programs which are required due to Contractor’s failure to achieve the diversion requirements set
forth herein at such time as (if) any such Proposed Program is implemented, Contractor and City
shall meet and confer in good faith to determine a fair and reasonable adjustment to the maximum
rates set forth on Exhibit A in order to compensate Contractor for implementing said Proposed
Program.
In determining a fair and reasonable rate adjustment, City may consider the cost to
Contractor in providing the Proposed Program. If City and Contractor cannot agree on a rate
adjustment for the Proposed Program within ninety (90) days from the date City first requests
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Contractor design and present the Proposed Program to City, then City may enter into an agreement
with another party for the services that would be provided by Contractor’s Proposed Program and
Contractor agrees that the Proposed Program shall be exempt from the exclusivity granted to
Contractor in this Agreement.
8.9 Contractor shall present the Proposed Program within sixty (60)
Contractor shall present the Proposed Program within sixty (60) days of a request to do
so by City. The Proposed Program shall include a detailed description of the following: (1)
Containers to be used and method of Collection; (2) equipment to be used (e.g., vehicle number,
models, capacity, and age); (3) number of employees required for the Proposed Program; (4)
materials to be Collected; (5) promotional and public education materials; (6) a two-year
projected financial analysis of the Proposed Program’s operations in an operating statement
format, including documentation of the key assumptions underlying the projections, and the
support for those assumptions; and (7) any other information required by City to evaluate the
Proposed Program. Temporary Services
Contractor shall provide Temporary Services on an on call basis to any Customer
requesting such service pursuant to the following conditions:
A. Bins and Roll off Boxes utilized in connection with Temporary Services shall meet
the minimum standards set forth herein.
B. Temporarily placed Bins may be used for small cleanup type projects at Single
Family and Multi-Family Dwellings; provided, however, Bins used for such purposes shall
not remain at the same address for a period that exceeds two consecutive weeks. Bins may
not be placed in any public rights-of-way so as to create a safety hazard or so as to block
any right-of-way to a degree that it is not reasonably usable. Bins placed in City ’s rights-
of-way shall be subject to such requirements as may be imposed by City, including without
limitation the payment of fees as may be adopted by the City Council, and at a minimum
shall be equipped with reflectors, reflective tape, reflective paint, or other reflective devises
which, to the satisfaction of the City Manager, make such Bins reasonably visible to vehicle
traffic at night.
C. Contractor shall work with Customers requesting construction and demolition
debris Collection services to ensure that requirements under the City ’s ordinance
regulating the recycling and disposal of construction and demolition waste are met,
including, but not limited to, ensuring that each covered project meets the minimum
required diversion level. Contractor agrees to comply with all provisions of the ordinance,
as may be amended from time to time, and to provide services for construction contractors
in City as may be contemplated by any such ordinance at no charge (such as assistance in
preparing plans for the collection, recycling and disposal of construction and demolition
waste in accordance with this Agreement and providing data for reporting to the City.
D. In addition to complying with any related requirements that may exist in any
ordinance which may be in effect in City regulating construction and demolition waste,
including specific diversion levels that may be required by any such ordinance, Contractor
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shall make all reasonable efforts to recycle all construction and demolition waste it
Collects, especially to the degree such loads contain clean inert materials. Towards this
end, Contractor shall make available to Customers involved in construction separate
containers within which to Collect different types of marketable materials, such as dirt,
steel, concrete and wood.
8.9.1 Warranties and Representations
Contractor warrants and represents that it is aware of and familiar with City ’s Source
Reduction and Recycling Element (the “SRRE”), that it is familiar with City ’s waste stream, and
that it has the ability to and will provide sufficient programs and services to ensure City will meet
or exceed the diversion goals (including, without limitation, amounts of Solid Waste to be diverted,
time frames for diversion, and any other requirements) set forth in AB 939, and all amendments
thereto, and that it shall do so without imposing any costs or fees other than those set forth on the
attached Exhibit A (including if it implements new programs to achieve such goals which are not
called out herein). Stated otherwise, Contractor acknowledges that it is responsible for ensuring
that its various programs achieve the diversion requirements hereunder, and that it may be required
to modify its programs from time to time, at no additional cost to the City or Customers, to meet
such diversion requirements. Contractor specifically acknowledges that the City ’s current
mandated diversion goal as set forth pursuant to the Applicable Laws is fifty percent (50%), and
that this is subject to possible modification.
8.9.2 Mutual Cooperation
City and Contractor shall reasonably cooperate in good faith with all efforts by each other
to meet City ’s diversion and other compliance requirements imposed by AB 939 and other
Applicable Laws. In this regard, City ’s obligations shall include, without limitation, making such
petitions and applications as may be reasonably requested by Contractor for time extensions in
meeting diversion goals, or other exceptions from the terms of AB 939 and other Applicable Laws.
8.9.3 Waste Reduction and Program Implementation
Contractor shall implement the programs identified in the SRRE immediately upon the
Service Commencement Date hereof, and will implement any programs required by any
amendments or modifications thereto. In meeting this obligation Contractor shall be mindful of
and comply with all requirements of the County Agreement, including specifically, without
limitation, the requirements thereof generally relating to (i) the delivery of Solid Waste only to
transfer stations that provide quarterly certifications of Solid Waste delivered, and (ii) the disposal
of residual Solid Waste that remains after recycling processes have been completed. On and after
the Service Commencement Date, Contractor shall provide City with monthly, quarterly and
annual written reports in a form adequate to meet City ’s AB 939 related filing and reporting
requirements to CalRecycle and to the County of Orange throughout the Term of this Agreement
wherein City ’s performance under the above programs shall be set forth in detail. Contractor shall
be responsible to prepare, or assist City with the preparation of, all reports and other information
as may be required by any agency, including specifically, the State of California, in order to
comply with AB 939. Contractor shall reimburse City for any costs City incurs in appearing before
CalRecycle and/or the County of Orange in relation thereto.
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A. Disposal and Processing Plan for the Residential, Commercial, Multi-family and
Industrial Waste
1. The residual waste from the GREY Container collected from Residential,
Multi-family and Commercial sources will be delivered to the Orange County
Landfill system under the City’s waste delivery agreement. Prior to the residual
being delivered to the Orange County landfill system for disposal, some of the
streams will be transported to one of the UWS approved facilities for processing
and recovery of the recyclable materials.
2. The BLUE Container material collected from Residential, Multi-Family
and Commercial sources will be delivered to the approved UWS material recovery
facility (MRF) in Santa Fe Springs. At this facility, recyclables are sorted,
consolidated and shipped to market.
3. Commercial “A” Route - UWS is proposing to process select commercial
loads (“A” route) with high levels of recyclables at the Santa Fe Springs approved
material recovery facility (MRF) for the recovery of recyclable materials. This
program will be deployed to any customer that does not generate food waste or is
not participating in the source separated recycling program.
4. Source-Separated Green Waste - The GREEN Container material collected
from Residential, Multi-Family and Commercial generators will
be delivered to the UWS-owned Greenwise Soil Technologies compost
facility in South Gate.
Material delivered to Greenwise will be screened through a series of
devices, size reduced, composted and blended in order to make a rich soil
amendment available for the commercial market. UWS through its many end-use
markets will ensure that the material coming from the City of Los Alamitos has a
home and will not be landfilled or used as alternative daily cover (ADC).
The residuals and small fractions from the compost process will be returned
to the County of Orange landfill system under the City’s waste
delivery agreement.
5. Source-Separated Commercial Food Waste and Scraps (Large Generators)
- The source separated Organic Container (brown) collected from Commercial
customers that meet the minimum threshold as outlined in SB1383 will be provided
with a separate container for the separation and collection of food waste and scraps.
This material will be transferred through the SFS MRF or delivered directly to the
24th Street High Diversion Facility located in Los Angeles for processing. At the
24th street facility, the source separated organic material will be processed through
the OREX-500 for separation of the organic material from the non-organic waste.
Once the organic fraction is separated, it will be delivered to the Anaergia Bio-
Energy facility in Rialto for further conversion into renewable natural gas (RNG)
and as well as an organic rich fertilizer.
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6. Co-collected Waste and Organics (food scraps) Two-Container system from
Commercial and Multi-family Customers - UWS proposes a co-collection of waste
and organics from the commercial and multi-family customers for delivery to our
24th Street High Diversion Facility. This co-collection program allows for the
existing collection of waste from certain commercial customers and multi-family
customers to remain in place and not require these customers to subscribe to a
separate program for the collection of organics. With this proposed program, the
food waste and scraps would be placed in the waste bin or cart where most of this
material is going today in order to ensure a high level of participation and the best
opportunity to recover the organic material. This material will be transferred
through the SFS MRF or delivered directly to the 24th Street High Diversion
Facility located in Los Angeles for processing. At the 24th street facility, the waste
with the organic material will be processed through the OREX-500 for separation
of the organic fraction from the non-organic waste. Once the organic fraction is
separated, it will be delivered to the Anaergia Bio-Energy facility in Rialto for
further conversion into renewable natural gas (RNG) and as well as an organic rich
fertilizer.
7. Conversion to Renewable Natural Gas (RNG) and High Quality Fertilizer
– With mixed collection to AD, organics can be separated from MSW using
Organics Extrusion Press (OREX) and fed to an anaerobic digester to generate
renewable energy. Mixed waste collection and processing at the High Diversion
Facility leverages local and existing anaerobic digestion infrastructure. This
strategy avoids additional collection cost, new truck routes, and reliance on human
separation. This strategy also provides certainty in processing all organics with
reliable and long term fixed price capacity at Anaergia Energy Facility.
8.9.4 Guarantee and Indemnification
Contractor warrants and guaranties that it will carry out its obligations under this Agreement
such that: (i) both it and City will at all times be in compliance with the requirements of all
Applicable Laws including specifically AB 939 and SB 1383, and (ii) City will meet or exceed the
diversion requirements (including, without limitation, amounts of Solid Waste to be diverted, time
frames for diversion, and any other requirements) set forth in AB 939, SB 1383 and all
amendments thereto. In this regard, Contractor agrees that it will, in addition to any other
requirement contained herein, at its sole cost and expense:
A. To the extent legally permitted, defend, with counsel approved by City , indemnify,
and hold harmless City and City ’s officials, employees, and agents from and against all
fines and/or penalties and other liabilities which may be imposed by CalRecycle or any
other regulatory agency if: (1) Contractor fails or refuses to timely provide information
relating to its operations which is required pursuant to this Agreement or any Applicable
Laws and such failure or refusal prevents or delays City from submitting reports required
by Applicable Laws in a timely manner; or (2) the source reduction and recycling goals,
diversion goals, program implementation requirements, or any other requirements of
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Applicable Laws are not met with respect to the waste stream Collected under this
Agreement;
B. Assist City in responding to inquiries from CalRecycle;
C. Assist City in preparing for, and participating in, any review of City ’s SRRE
pursuant to Applicable Laws;
D. Assist City in applying for any extension if so directed by City;
E. Assist City in any hearing conducted by CalRecycle relating to City ’s compliance
with Applicable Laws;
F. Assist City with the development of and implement a public awareness and
education program that is consistent with the City ’s SRRE, as well as any related
requirements of Applicable Laws;
G. Provide City with recycling, source reduction, and other technical assistance related
to compliance with the Applicable Laws;
H. Defend, with counsel acceptable to City, City and City ’s officials, employees, and
agents against the imposition of fines and/or penalties, or any other liabilities, issued by
CalRecycle pursuant to AB 939 and SB 1383;
I. Be responsible for and pay, any fees, penalties or other costs imposed against the
City by CalRecycle, and indemnify and hold harmless City from and against any fines,
penalties, or other liabilities, levied against it for violation of AB 939’s diversion
requirements, or violation of any other provision of the Applicable Laws, arising from or
in any way related to Contractor’s performance of its obligations under this Agreement.
8.9.5 Guaranteed Minimum Contractor Recycling Rate
Contractor shall divert a minimum of fifty percent (50%) of all Solid Waste it Collect’s
under this Agreement and ensure that the City is in full compliance with the CalRecycle’s waste
diversion requirements under AB939 for each calendar year beginning January 1, 2022, or, if less,
such diversion percentage as may then be required under Applicable Law (“Recycling Diversion
Requirement”). Diversion of materials not Collected by Contractor shall be counted towards
meeting the Recycling Diversion Requirement. For the purposes of this section, Contractor
diversion includes only Recycling methods, Transformation, and/or other forms of landfill
diversion which are accepted by the State toward meeting the City’s diversion goal under AB 939.
Contractor shall not be entitled to a reduction in the Recycling Diversion Requirement, or a rate
adjustment, if or when:
A. Transformation or other facilities are no longer available for any reason;
B. CalRecycle diversion credit under AB 939 or other Applicable Laws is no longer
provided for Solid Waste sent to a Transformation facility; or
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To comply with this Section, Contractor is required to submit timely tonnage reports
supporting the Recycling Diversion Requirement, and to provide supporting documentation as
may be requested by City or its designee as part of, or independent of, an audit. Failure to meet,
and fully support, the Recycling Diversion Requirement may result in City assessing liquidated
damages in accordance with Section 18.7 and/or termination of this Agreement pursuant to Section
18.6
8.9.6 Waste Generation/Characterization Studies
Contractor acknowledges that City must perform Solid Waste generation and disposal
characterization studies periodically to comply with the requirements of AB 939. Contractor
agrees to participate and cooperate with City and its agents and to accomplish studies and data
collection and prepare reports, as needed and directed by City, to determine weights and volumes
of Solid Waste Collected and characterize Solid Waste generated, disposed, transformed, diverted
or otherwise handled/processed to satisfy the requirements of AB 939.
SECTION 9. OTHER SERVICES
9.1 Transfer, Processing, and Disposal
A. Contractor shall Transport all Discarded Materials to the Approved Facilities
designated herein and shall Transfer, Process, and Dispose of Discarded Materials in
accordance with this Section. The Approved Facilities shall be as follows and in
compliance with State requirements thereto:
1. (Santa Fe Springs Material Recovery Facility). Contractor’s Approved
Transfer Facility shall be a SFS MRF located 9016 Norwalk Blvd., Santa Fe
Springs, CA that will receive and transfer Residential Grey Container, Multi-
Family, and Commercial Source Separated Recyclable Materials, SSGCOW, and
Gray Container Waste/Mixed Waste Collected in accordance with this Agreement.
2. Approved Source Separated Recyclable Materials Processing Facility
(Santa Fe Springs Material Recovery Facility) (Blue Containers). Contractor’s
Approved Recyclables Processing Facility located at 9016 Norwalk Blvd., Santa
Fe Springs, CA shall be a Facility or operation that Processes Single-Family, Multi-
Family, and Commercial Source Separated Recyclable Materials to recover
materials designated for Collection in the Blue Container.
3. Approved Organic Waste Processing Facility (Green Wise Soil and
Composting Facility in South Gate) (Green Containers). Contractor’s Approved
Organic Waste Processing Facility located at 10120 Miller Way, South Gate, CA
shall be a Facility that Processes Single-Family, Multi-Family, and Commercial
SSGCOW to recover Source Separated Organic Waste.
4. Approved Disposal Facility (Gray Containers). Contractor’s Approved
Disposal Facility shall be the County of Orange landfill system.
5. Approved High Diversion Organic Waste Processing Facility (24th
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Street Organics Processing Facility) (Gray Containers). Contractor’s Approved
High Diversion Organic Waste Processing Facility is located at 2460 24th Street,
Los Angeles, CA and (i) Processes Single-Family, Multi-Family, and Commercial
Mixed Waste Collected in accordance with this Agreement; and, (ii) is a High
Diversion Organic Waste Processing Facility.
9.2 City reserves right to direct use of a City-Designated Facility at a later date
Contractor agrees that the City Council may, upon making a finding of public health,
safety, well-being, or benefit, direct Contractor to deliver any or all Source Separated Recyclable
Materials, SSGCOW, Mixed Waste, and/or Gray Container Waste Collected within the City to
any type of Designated Facility, as City may designate. The Residue remaining after Processing,
or recovery of Source Separated Recyclable Materials, SSGCOW, and C&D shall be subject to
the Council’s authority to direct Disposal at a Disposal Facility designated by the Council. City
shall reserve the right to direct such Residue in accordance with the Council’s direction in any
agreement with the Facility operator of any Transfer Facility or Processing Facility where
Contractor delivers Source Separated Recyclable Materials, SSGCOW, Mixed Waste, and/or Gray
Container Waste. Contractor agrees to Transport Discarded Materials to the Designated
Facility(ies) designated by the Council, commencing no later than Sixty (_60) days from receipt
of notice from the City Manager.
9.3 Contamination Monitoring
Four contamination monitoring subsections are provided in this Section 9.3.
• Section 9.3.1 provides general requirements on contamination monitoring
including Container inspections methods, actions to be taken upon identification of
Prohibited Container Contaminants, and Disposal of contaminated materials.
• Section 9.3.2 describes optional, ongoing contamination monitoring services that
are not explicitly required by SB 1383 Regulations, but the City may want to include, and
which may be provided by the Contractor as a routine course of providing its services under
the Agreement.
• Section 9.3.3 provides the option to use Hauler Route reviews, pursuant to 14 CCR
Section 18984.5(b), to meet the contamination monitoring requirements of SB 1383
Regulations (14 CCR Section 18984.5).
9.3.1 Contamination Monitoring Procedures
A. General. This Section presents inspection method(s) for Prohibited Container
Contaminants to be used by the Contractor in conducting contamination monitoring the
Contractor may use one or more of these options to maintain compliance required by
Sections 9.3.2 and 9.3.3.
B. Container Inspection Methods.
1. Option 1: Physical Container Inspections. When Contractor’s Hauler Route
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personnel dismounts from Collection vehicles to empty a Container, such personnel
shall lift the Container lid and observe the contents. Upon finding Prohibited
Container Contaminants in a Container, Contractor shall follow the contamination
noticing procedures and contaminated Container handling protocols set forth in
Section 9.3.1.C.
2. Option 2: Visual Inspections via On-Board Monitoring System. For
Collection vehicles with automated Collection service, the Collection vehicle
hopper shall be equipped with a video camera and monitoring system. The
Contractor’s Hauler Route personnel shall observe, via the hopper video camera
and monitoring system, the contents of the Containers as the materials are emptied
into the vehicle. Upon finding Prohibited Container Contaminants in a Container,
Contractor shall follow the contamination noticing procedures and contaminated
Container handling protocols set forth in Section 9.3.1.C.
The next day on which that Customer is to receive service, the Contractor’s
Hauler Route personnel shall dismount the Collection vehicle, lift the lid of the
Container, and visually inspect the contents of the Container. If the Contractor’s
Hauler Route personnel determines that the Container again contains Prohibited
Container Contaminants, Contractor shall follow the contamination noticing
procedures and contaminated Container handling protocols set forth in Section
9.3.1.C.
3. Option 3: Visual Inspection via Remote Monitoring.
a. Contractor shall install camera equipment in Containers and use a
cloud-based software that will enable Contractor, City, and/or other
applicable enforcement personnel to monitor and examine the contents of
Single-Family, Multi-Family, and/or Commercial Containers using digital
photographic images obtained from the cameras installed in the Containers.
The digital images shall be maintained and accessible for examination
through the Contractor’s cloud-based software platform. Contractor will
perform regular and frequent remote monitoring of each Container,
automatically, manually, or in combination using the remote monitoring
system.
b. The Container monitoring system will capture digital pictures
multiple times each day of the contents of the Container to document and
visualize various layers of material in the Container. Capturing multiple
digital pictures is necessary to detect Prohibited Container Contaminants
throughout the Container. Contractor shall capture no less than two (2)
digital pictures per Container per day, at time intervals of no less than six
(6) hours.
C. Actions upon Identification of Prohibited Container Contaminants.
1. Record Keeping. The driver or other Contractor representative shall record
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each event of identification of Prohibited Container Contaminants in a written log
or in the on-board computer system including date, time, Customer’s address, type
of Container (Blue, Green, or Gray Container); and maintain photographic
evidence, if required. Contractor shall submit this record to the Contractor’s
Customer service department, and Contractor’s Customer service department shall
update the Customer’s account record to note the event, if the documentation if the
on-board computer system did not automatically update the Customer’s account
record.
2. Identification of Excluded Waste. If Contractor’s personnel observe
Excluded Waste in an uncollected Container, the Contractor’s personnel shall issue
a non-Collection notice for this Container in accordance with Section 9.3.1.C.5 and
shall not Collect the Discarded Materials that contain Excluded Waste. Contractor’s
personnel shall record that observation in accordance with Section 9.3.1.C.1 and
immediately inform their route supervisor. Contractor shall follow protocols
specified in Sections 9.3.1.C.5 and 9.3.1.C.6. The route supervisor shall investigate
and initiate applicable action within one (1) Business Day or sooner if the
Hazardous Waste may cause immediate danger.
3. Courtesy Pick-Up Notices. Upon identification of Prohibited Container
Contaminants in a Customer’s Container, Contractor shall provide the Customer a
courtesy pick-up notice. The courtesy pick-up notification shall: (i) inform the
Customer of the observed presence of Prohibited Container Contaminants; (ii)
include the date and time the Prohibited Container Contaminants were observed;
(iii) include information on the Customer’s requirement to properly separate
materials into the appropriate Containers, and the accepted and prohibited materials
for Collection in the Blue Container, Green Container, and/or Gray Container; (iv)
inform the Customer of the courtesy pick-up of the contaminated materials on this
occasion with information that following two (2) instances (See guidance in
subsection C.4 below) Contractor may assess contamination Processing fees or
issue a non-Collection notice; and, (v) may or shall include photographic evidence.
Contractor shall leave the courtesy pick-up notice attached to or adhered to the
Generators’ contaminated Containers; at the Premises’ door or gate; or, subject to
City ’s approval, may deliver the notice by mail, e-mail, text message, or other
electronic message.
Contractor shall Collect the contaminated Source Separated Recyclable
Materials or SSGCOW and Transport the material to the appropriate Approved
Facility for Processing; or, Contractor may Collect the contaminated materials with
Gray Container Waste/Mixed Waste and Transport the contaminated materials to
the appropriate Approved/Designated Facility for Disposal/ Processing.
4. Notice of Assessment of Contamination Processing Fees. If the
Contractor observes Prohibited Container Contaminants in a Generator’s Container
on more than three (3) consecutive occasions and issued courtesy pick-up notices
on each of those occasions, the Contractor may impose a contamination Processing
fee of $50.00 (which will be adjusted annually pursuant to Section 24.3). Contractor
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shall notify the City in its monthly report of Customers for which contamination
Processing fees were assessed. Contractor shall leave a contamination Processing
fee notice attached to or adhered to the Generators’ contaminated Containers; at the
Premises’ door or gate; or, subject to City ’s approval, may deliver the notice by
mail, e-mail, text message, or other electronic message. The contamination
Processing fee notice shall describe the specific material(s) of issue, explain how
to correct future set outs, and indicate that the Customer will be charged a
contamination Processing fee on its next bill. The format of the contamination
Processing fee notice shall be approved by the City Contract Manager.
Contractor shall Collect the contaminated Source Separated Recyclable
Materials or SSGCOW and Transport the material to the appropriate
Approved/Designated Facility for Processing.
5. Non-Collection Notices. Upon identification of Prohibited Container
Contaminants in a Container in excess of standards agreed upon by the Parties or
Excluded Waste, Contractor shall provide a non-Collection notice to the Generator.
The non-Collection notice shall, at a minimum: (i) inform the Customer of the
reason(s) for non-Collection; (ii) include the date and time the notice was left or
issued; (iii) describe the premium charge to Customer for Contractor to return and
Collect the Container after Customer removes the Contamination; and, (iv) provide
a warning statement that a contamination Processing fee may be assessed if
Prohibited Container Contaminants are observed on more than two (2) consecutive
occasions. The non-Collection notice may or shall include photographic evidence
of the violation(s).
The Contractor’s notice of non-Collection may be left attached to or adhered
to the Generator’s Container, or at the Premises’ door or gate at the time the
violation occurs, or subject to City ’s approval, may be delivered by mail, e-mail,
text message, or other electronic message.
Contractor shall submit a sample of its non-Collection notice to the City
Contract Manager for approval prior to implementing use of it with Customers.
6. Communications with Customer. Whenever a Container at the Premises
of a Commercial or a Multi-Family Customer is not Collected, Contractor shall
contact the Customer on the scheduled Collection day or within twenty-four (24)
hours of the scheduled Collection day by telephone, email, text message, or other
verbal or electronic message to explain why the Container was not Collected.
Whenever a Container is not Collected because of Prohibited Container
Contaminants, a Customer service representative shall contact the Customer to
discuss, and encourage the Customer to adopt proper Discarded Materials
preparation and separation procedures.
7. Contractor Return for Collection. Upon request from Customer,
Contractor shall Collect Containers that received non-Collection notices within one
(1) Working Day of Customer’s request if the request is made at least two (2)
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Working Days prior to the regularly scheduled Collection Day. Contractor shall bill
Customer for the extra Collection service event (“extra pick-up”) at the applicable
City -approved Rates only if Contractor notifies Customer of the premium Rate for
this service at the time the request is made by Customer.
D. Disposal of Contaminated Materials. If the Contractor observes Prohibited
Container Contaminants in a Generator’s Container(s), Contractor may Dispose of the
Container’s contents, provided Contractor complies with the noticing requirements in
Section 9.3.1.C.5 above.
9.3.2 Ongoing Contamination Monitoring
A. Route Personnel Monitoring. Contractor shall assist on an ongoing basis in
minimizing contamination by helping to educate Customers on acceptable and non-
acceptable materials through ongoing education and outreach efforts in Section 9.4 and
through on-going monitoring of the contents of Collection Containers. The ongoing
Container monitoring shall be performed by Contractor using the method described in
Section 9.3.
B. Periodic Sampling and Sorting
Contractor shall implement a monthly contamination monitoring program of
Source Separated Recyclable Materials and SSGCOW that involves Contractor’s
performance of visual inspections of aggregate Collection vehicle contents from City
Hauler Routes to assess the level of Prohibited Container Contaminants. This shall be
conducted through a “pad inspection” in which Source Separated Recyclable Materials or
SSGCOW from a Collection vehicle are emptied onto a pad at the Approved/Designated
Facility and an assessment of the Prohibited Container Contaminants is made. Up to four
(4) visual pad inspections shall be performed by Contractor once a month/quarter/year,
targeting different Hauler Routes. Based on pad inspection results, Contractor shall
perform targeted outreach to Customers on the City Hauler Routes found to have Prohibited
Container Contaminants in excess of the standards agreed upon by the Contractor and City.
Outreach shall take the form of Hauler Route-level direct mailings to highlight common
Prohibited Container Contaminants and to provide instruction on proper separation of
Discarded Materials. Contractor shall maintain records and provide reports monthly
regarding contamination inspections.
9.3.3 Contamination Monitoring (Hauler Route Review).
A. Methodology and Frequency
Commencing on or before January 1, 2022, the Contractor shall, at its sole expense,
conduct Hauler Route reviews for Prohibited Container Contaminants in Collection
Containers in a manner that is deemed safe by the Contractor; is approved by the City; and,
is conducted in a manner that results in all Hauler Routes being reviewed annually or more
frequently.
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The Contractor shall conduct Hauler Route reviews that include inspection of the
contents of Customers’ Collection Containers for Prohibited Container Contaminants in a
manner such that a minimum of five percent (5%) of Containers on each and every Hauler
Route are inspected annually. The Containers shall be randomly selected by (insert method
if desired).
Contractor shall develop a Hauler Route review methodology to accomplish the
above Container inspection requirements and such methodology shall comply with the
requirements of 14 CCR Section 18984.5(b). Contractor shall submit its proposed Hauler
Route review methodology for the coming year to the City no later than January 15 of each
year describing its proposed methodology for the calendar year and schedule for
performance of each Hauler Route’s annual review. Contractor’s proposed Hauler Route
review methodology shall include not only its plan for Container inspections, but may or
shall also include its plan for prioritizing the inspection of Customers that are more likely
to be out of compliance. City and/or CalRecycle will review and approve the proposed
methodology. Contractor may commence with the proposed methodology upon approval.
If the City and/or CalRecycle notifies the Contractor that the methodology is
inadequate to meet the requirements of 14 CCR Section 18984.5(b), Contractor shall, at its
sole expense, revise the methodology and, after obtaining City or CalRecycle approval,
conduct additional Hauler Route reviews, increased Container inspections, or implement
other changes using the revised procedure. If the Contractor’s proposed methodology
meets the requirements of 14 CCR Section 18984.5(b), but has been deemed inadequate
by the City, the Contractor shall, at the expense of the City, revise the methodology and
implement the necessary changes using the revised procedure.
The City’s Contract Manager may request, and Contractor shall accept,
modifications to the schedule to permit observation of the Hauler Route reviews by the
City. In addition, Contractor shall provide an email notice to the City ’s Contract Manager
no less than ten (10) Working Days prior to each scheduled Hauler Route review that
includes the specific time(s), which shall be within the City ’s normal business hours, and
location(s).
B. Noticing of Generators with Contamination, Non-Collection, and Disposal of
Materials.
Upon finding Prohibited Container Contaminants in a Container, Contractor shall
follow the contamination noticing procedures and contaminated Container handling
protocols set forth in Section 9.3.1.C.
C. Quarterly Reporting Requirements.
Contractor shall maintain records and report to the City quarterly on contamination
monitoring activities and actions taken.
9.4 Education and Outreach
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A. General. In order to promote public education, Contractor shall create all public
education materials and conduct education programs and activities described in this Section
at its expense.
B. Program Objectives. Contractor’s public education and outreach strategy shall
focus on improving Generators’ understanding of the benefits of and opportunities for
source reduction, Reuse, and Landfill Disposal reduction. In general, Contractor-provided
public education and outreach, which shall include all content required by this Section 9.4,
should: (i) inform Generators about the services that are provided under this Agreement
with specific focus on describing the methods and benefits of source reduction, Reuse, and
reduction of Solid Waste Disposal; (ii) instruct Generators on the proper method for placing
materials in Containers for Collection and setting Containers out for Collection with
specific focus on minimizing contamination of Source Separated Recyclable Materials and
SSGCOW; (iii) clearly define Excluded Waste and educate Generators about the hazards
of such materials and their opportunities for proper handling; (iv) discourage Generators
from buying products if the product and its packaging are not readily reusable, recyclable,
or compostable; (v) inform Generators subject to Food Recovery requirements under SB
1383 Regulations of their obligation to recover Edible Food and actions they can take to
prevent the creation of Food Waste; (vi) encourage the use of Compost; and, (vii)
encourage Generators to purchase products/packaging made with Recycled-content
materials. The cumulative intended effect of these efforts is to reduce each Generator’s
reliance on Contractor-provided Gray Container Waste/Mixed Waste service and,
ultimately, Disposal, and Contractor agrees to support and not undermine or interfere with
such efforts
C. Contractor Cooperation and/or Support for City Educational Efforts.
Contractor acknowledges that they are part of a multi-party effort to operate and educate
the public about the integrated waste management system. Contractor shall cooperate and
coordinate with the City Contract Manager on public education activities to minimize
duplicative, inconsistent, or inappropriately timed education campaigns.
Contractor shall obtain approval from the Contract Manager on all Contractor-
provided public education materials including, but not limited to: print, radio, television,
or internet media before publication, distribution, and/or release. City shall have the right
to request that Contractor include City identification and contact information on public
education materials and approval of such requests shall not be unreasonably withheld. The
City reserves the right to direct the Contractor to modify the education and outreach
program at any time.
D. Annual Education Plan. Annually, Contractor shall develop and submit an annual
public education plan to promote the programs performed by Contractor under this
Agreement. The annual public education plan shall present the education activities for the
upcoming calendar year and shall be submitted with the Contractor’s annual report. Each
public education plan shall specify the target audience for services provided, include
upcoming promotions for ongoing and known special events, identify program objectives,
individual tasks, public education materials to be developed or updated, opportunities for
expanded partnerships, a timeline for implementation, and an itemized description of how
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Contractor’s annual public education budget (described in Section 9.4.E) will be spent. The
City Contract Manager shall be permitted to provide input on each annual public education
plan, and the plan shall not be finalized or implemented without approval of the City
Contract Manager. Each plan’s implementation success shall be measured according to the
deadlines identified and products developed. Contractor shall meet with the City Contract
Manager to present and discuss the plan. City Contract Manager shall be allowed up to
thirty (30) days after receipt to review and request modifications. The City Contract
Manager may request, and Contractor shall not unreasonably deny, modifications to be
completed prior to approving the plan. Contractor shall have up to fifteen (15) Business
Days to revise the plan in response to any requested changes by the City Contract Manager.
Any further delays may result in Liquidated Damages for failure to perform education and
outreach activities. Each Business Day that the plan is late shall count as a single
event/activity.
E. Education Requirements during Program Implementation/Roll-Out.
Beginning on the Effective Date of this Agreement and through February 28, 2022,
Contractor shall conduct an education campaign focused on informing Customers of the
Collection program changes required to comply with new State regulations. At a minimum,
Contractor shall perform the activities listed below and shall perform these services in a
manner that complies with requirements of this Section 9.4 and 14 CCR, Division 7,
Chapter 12, Article 4.
1. Prepare and distribute an initial mailer to all Customers explaining the
change from the existing hauler to the new Contractor (if applicable), changes from
the existing Collection programs to new programs, Hauler Route changes, dates of
program implementation, Recycling and Landfill Disposal reduction programs
available, special services available, holiday Collection schedules, proper handling
and disposal of Household Hazardous Waste, Contractor’s contact information, and
any additional education and outreach information specified in 14 CCR, Division
7, Chapter 12, Article 4. The initial mailer shall be printed and mailed or hand
delivered to Customers, and shall also be made available in an electronic format
through the Contractor’s website. Contractor may provide a Customer with an
electronic version of the initial mailer, rather than a printed version, if specifically
requested by the Customer.
2. Prepare a “how-to” flyer describing how to prepare Source Separated
Recyclable Materials, SSGCOW, Gray Container Waste, and Mixed Waste for
Collection and describe the acceptable materials that can be included in the Blue
and Green Containers, as well as non-allowable materials. The flyer should
emphasize any new types of Source Separated Recyclable Materials to be included
in Blue Containers and the new Food Waste Collection program. Prepare separate
flyers for Single-Family, Multi-Family, and Commercial Customers addressing
their unique service conditions. The flyers shall be printed and distributed to each
Customer, as well as made available in an electronic format through the
Contractor’s website. The Contractor shall provide a sufficient number of flyers to
each Multi-Family property manager for their distribution to each tenant unit.
Contractor may provide a Customer with an electronic version of the flyer rather
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than a printed version, if specifically requested by the Customer.
3. Prepare printed signage and posters describing Collection programs and
distribute to Multi-Family property managers and Commercial Customers for on-
site use.
4. Prepare an instructional packet identifying key transition dates and
verifying the Customer’s specific current Service Level, which shall be printed and
distributed to each Customer and made available in an electronic format on the
Contractor’s website. Contractor may provide an electronic version of the
instructional packet rather than a printed version, if requested by the Customer.
5. Prepare and distribute public service announcements (PSA) for local
newspapers.
6. Meet with up to four (4) business associations (such as the Chamber of
Commerce, Rotary Club, and other similar organizations) in separate venues to:
educate Commercial Businesses on the Collection programs, State requirements
(including SB 1383 and SB 1383 Regulatory requirements) for the City and
Generators; answer questions; and, provide service and Rate information.
7. All education material designed and/or distributed by the Contractor shall
be submitted to the City Contract Manager for approval prior to distribution or
posting on the Contractor’s website.
F. Annual and/or Ongoing Education Requirements.
1. Specific Annual Educational Activities
a. Annual Notice of Requirements. Not less than once per year during
each Rate Year, Contractor shall prepare and distribute to each Generator
in the City a mailer that includes information specified in 14 CCR Section
18985.1(a). Such mailer shall be distributed by Contractor to all Residential
and Commercial mailing addresses including individual Multi-Family
Dwelling Units. Contractor shall also make this notice available in an
electronic format through the Contractor’s website.
b. Billing Inserts. Upon City request, Contractor agrees to insert and
distribute brochures, newsletters, or other information developed by the
City as inserts in Contractor’s Customer invoices at no additional charge to
the City. Upon City request, Contractor shall be responsible for printing the
bill inserts. For Customers receiving electronic bills, Contractor agrees to
distribute brochures, newsletters, or other information developed by the
City as attachments to Customer invoices at no additional charge to the City.
Contractor shall provide electronic bill inserts (or separate email
attachments) to Customers who are billed electronically, and paper bill
inserts to Customers who receive paper bills. Electronic bill
inserts/attachments must be readily available for the Customer to view upon
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receipt of the invoice (attachments shall not be provided as links). Upon
City request for such inserts, Contractor shall comply with such request
during its next billing cycle for the targeted Customer group. Contractor
shall perform this service with no additional requirement for compensation.
c. Multi-Family and Commercial Customer Signage. Contractor shall
provide all Multi-Family and Commercial Customers with Source
Separated Recyclable Materials, SSGCOW, and Gray Container Waste or
Mixed Waste program guidelines, including posters to be placed in
Collection areas and enclosures and other community areas at each
Premises or building where Discarded Materials are stored.
d. Minimum Website Requirements. Contractor shall develop and
maintain a website (with a unique URL specific to the City) that is
specifically dedicated to the City to provide Generators with detailed
service information. The website or webpage shall be accessible by the
public, and shall include all education and outreach materials being
provided, without requirement for login. Contractor shall update the website
regularly so that information provided is current.
e. Instructional Service Guide. On or before January 1, 2022,
Contractor shall prepare a service guide that describes available services,
including how to place Containers for Collection, which materials should
be placed in each Container and prohibited materials, and provides
Collection holidays and a Customer service phone number. On or before
January 1, 2022, the service guide shall be printed and delivered with each
set of Containers distributed to a Generator and shall be delivered annually
to all Generators. Contractor shall prepare different service guides for
Single-Family, Multi-Family, Commercial Generators, and Commercial
Edible Food Generators. Contractor shall, at its sole expense, revise, re-
print, and redistribute service guides once every three (3) years or at least
ninety (90) days prior to a change in the accepted or prohibited materials
for any program. Contract shall make the service guide available in an
electronic format through the Contractor’s website. Contractor may provide
an electronic version of the instructional service guide rather than a printed
version, if requested by the Customer.
f. Annual Multi-Family Dwelling Unit Notices. Prior to the
Commencement Date of this Agreement, Contractor shall obtain and track
in its Customer information system(s) the number and addresses of dwelling
units at each Multi-Family Premises serviced by Contractor. Contractor
shall maintain this database by auditing the data at least once every three
(3) years. At least annually, commencing no later than January 1, 2022,
Contractor shall prepare and distribute notices to each Multi-Family
Dwelling Unit at Multi-Family Premises serviced by Contractor. The annual
notices shall be a minimum of two (2) pages (which may include the front
and back of a single printed sheet), and shall include information on
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regulations governing Discarded Materials, Hazardous Waste, and toxic
waste; City and State requirements to properly separate Discarded
Materials (such as requirements of the Municipal Code and of State statutes
and corresponding regulations, including, but not limited to, AB 341, AB
1826, and SB 1383); instructions on properly separating materials; waste
prevention; services available; and any other information required by the
City or by State regulations (including SB 1383 Regulatory requirements
for education, pursuant to 14 CCR, Division 7, Chapter 12, Article 4). As
an alternative, Contractor may comply with these requirements through
preparation and distribution of an annual newsletter distributed to each
Multi-Family Dwelling Unit that provides the same information. Contractor
shall make notices and newsletters available in an electronic format through
the Contractor’s website. Contractor may provide an electronic version of
the notices rather than a printed version, if requested by the Customer.
g. Provision of Educational Materials to Non-Compliant Entities.
Contractor shall provide educational materials to non-compliant entities
under this Agreement, as further described in Section 9.10.
h. Education Materials for Property and Business Owners and Tenants.
Contractor shall annually provide Property Owners and Commercial
Business owners with public education materials for their distribution to all
employees, contractors, tenants, and Customers of the properties and
businesses. The Contractor’s public education materials shall include, at a
minimum, information about Organic Waste recovery requirements and
proper sorting of Discarded Materials, and shall reflect content
requirements described in Section 9.4.G below. Contractor shall provide the
following materials for this purpose: insert materials (such as, but not
limited to, welcome packets, flyers, and signs). A Commercial Business or
Multi-Family Property Owner may request these materials more frequently
than the standard annual provision if needed to comply with the requirement
of 14 CCR Section 18984.10 for Commercial Businesses and Multi-Family
Property Owners to provide educational information to new tenants and
employees before or within fourteen (14) days of occupation of the
Premises. In this case, the Commercial Business or Multi-Family Property
Owner may request delivery of materials by contacting the Contractor’s
customer service department not later than two (2) weeks in advance of the
date that the materials are needed.
i. Education Requirements for Commercial Edible Food Generators
i. On or before February 1, 2022, the Contractor shall develop
a list of Food Recovery Organizations and Food Recovery Services
operating within the City, maintain the list on the Contractor’s City
-specific website, share the list with the City if the City wants to post
the list on additional City websites, and update the list annually.
The list shall include, at a minimum, the following information
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about each Food Recovery Organization and each Food Recovery
Service:
• Name and physical address;
• Contact information;
• Collection service area; and,
• An indication of types of Edible Food the Food
Recovery Service or Food Recovery Organization can
accept for Food Recovery.
ii. At least annually, the Contractor shall 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 under 14 CCR, Division 7, Chapter
12, Article 10;
• 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,
• Information about actions that Commercial Edible
Food Generators can take to prevent the creation of Food
Waste.
iii. The Contractor may provide the information required by
subsection ii above by including it with regularly scheduled notices,
education materials, billing inserts, or other information
disseminated to Commercial Businesses.
G. Minimum Content Requirements. Prior to February 1, 2022, and annually
thereafter, the Contractor shall include the following education and outreach content to
Customers by incorporation of this content into the public education materials described in
Section 9.4.F.
1. Information on the Generator’s requirements to properly separate Source
Separated Recyclable Materials, SSGCOW, Mixed Waste, and Gray Container
Waste and place such materials in appropriate Containers pursuant to this
Agreement, SB 1383 Regulations, and all other Applicable Law.
2. Information on methods for the prevention of Source Separated Recyclable
Materials and SSGCOW generation; managing SSGCOW on Generator’s Premises
through composting or other Landfill Disposal reduction activities allowed under
14 CCR Sections 18983.1 and 18983.2; sending SSGCOW to Community
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Composting operations; and any other local requirements regarding Discarded
Materials.
3. Information regarding the methane reduction benefits of reducing the
Disposal of SSGCOW, and the method(s) that the Contractor uses to recover
SSGCOW.
4. Information regarding how to recover Source Separated Recyclable
Materials, SSBCOW, and SSGCOW, and a list of haulers approved by the City.
5. Information related to the public health and safety and environmental
impacts associated with the Disposal of SSGCOW and SSBCOW.
6. Information regarding programs for donation of Edible Food;
7. For Commercial Customers, information about the City ’s Edible Food
Recovery Collection program; Tier One Commercial Edible Food Generators and
Tier Two Edible Food Generators requirements specified in 14 CCR, Division 7,
Chapter 12, Article 10; 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, information about actions that
Commercial Edible Food Generators can take to prevent the creation of Food
Waste.
8. Information regarding Self-Hauling requirements.
9. Any other federal, State, or local requirements to properly separate
Discarded Materials or other necessary actions by Generators, including applicable
requirements of the Municipal Code, AB 341, AB 1826, and SB 1383 and
corresponding regulations.
H. Material Distribution Methods. Contractor shall use the following methods to
provide education information to Customers. All materials are to be approved by the City
prior to distribution.
1. Printed materials. Contractor shall provide printed education materials as
described in Sections 9.4.E and 9.4.F. The Contractor shall be responsible for the
design, printing, and distribution of these materials. All Contractor-printed public
education materials shall, at a minimum, use recycled paper and/or be made of
recycled material. The Contractor will use 100% post-consumer paper, and procure
printed materials from local businesses.
2. Electronic materials and website content. Contractor shall provide
electronic and website content for education and outreach materials, which may
include, but are not limited to: digital graphics, digital versions of print materials,
social media posts, and blog posts. The Contractor shall be responsible for the
design, posting, and electronic distribution of these materials.
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I. Non-English Language Requirements. In accordance with 14 CCR Section
18985.1(e), the Contractor shall make all public education and outreach materials required
by this Section available in English and any other non-English language spoken by a
substantial number of public provided organic waste collection services within the City by
Contractor pursuant to this Agreement.
J. Record Keeping and Reporting Requirements. Contractor shall comply with the
public education and outreach record keeping and reporting requirements as may be
established by the City from time to time.
K. Personnel
1. Public Education Outreach Coordinators
2. The Contractor shall designate at a minimum one (1) staff member(s) to
serve as Outreach Coordinators. The duties of the Outreach Coordinator(s) shall be
focused on public education, community outreach, Commercial and Multi-Family
site visits, and technical assistance. The Outreach Coordinator(s) shall educate
Customers and Customers’ employees on the importance of Recycling, Food
Recovery, resource recovery, Landfill Disposal reduction, as well as all State,
federal, County, local, and City mandates, including SB 1383 and SB 1383
Regulations; and shall work with Customers to implement services, increase
participation in Source Separated Recyclable Materials and SSGCOW Collection
programs, and reduce contamination. The Outreach Coordinator(s) shall identify
potential organizations and partners involved with Food Recovery and resource
recovery. The Outreach Coordinator(s) shall be responsible for implementing the
education plans and programs specified in this Section 9.4. Annually, and upon
hiring of new staff, Contractor shall conduct thorough training of all Hauler Route
personnel that come into contact with Generators on the Collection program
requirements and the accepted and prohibited materials for each material stream for
each Customer type.
9.5 Technical Assistance Program
A. Organizing and Conducting Direct Generator Outreach.
1. Site Visits and Waste Assessments
At least 120 (120) days prior to July 1, 2022 the, Contractor will provide
an outreach and technical assistance plan to City for approval identifying the site
visit schedule for which to send a Contractor representative to visit each Multi-
Family and Commercial Generator’s Premises for the purpose of assessing how
much Source Separated Recyclable Materials and SSGCOW is being Disposed;
assessing the Source Separated Recyclable Materials and SSGCOW Collection
Service Levels needed to meet the requirements of SB 1383 Regulations; and
encouraging all Generators to establish Source Separated Recyclable Materials and
SSGCOW Collection service in advance of July 1, 2022 or insert earlier date when
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mandatory service is required. Contractor shall also notify Customers of
opportunities to reduce costs by enrolling in Source Separated Recyclable Materials
and SSGCOW Collection service and reducing Gray Container Waste/Mixed
Waste Collection service. Contractor shall contact Multi-Family and Commercial
Customers and provide site visits according to the City -approved schedule.
Contractor will also provide a site visit to any Multi-Family and Commercial
Generator that requests a site visit, even if it is ahead of schedule.
Beginning January 1, 2023, and annually thereafter, Contractor
representative shall follow up with Multi-Family and Commercial Generators who
are required to participate in Source Separated Recyclable Materials and SSGCOW
Collection service under Applicable Law, including but not limited to AB 341, AB
1826, and SB 1383 and corresponding regulations. The Contractor shall ensure that
these Generators are participating in the Source Separated Recyclable Materials and
SSGCOW Collection Service. If the Generator is not in compliance or not
participating, the Contractor representative shall assist the Customers with selecting
appropriate Containers and Container sizing, identify acceptable Discarded
Materials Collection services as set forth in the Agreement, and attempt to resolve
any logistical barriers to providing Source Separated Recyclable Materials and
SSGCOW Collection service. Contractor shall provide ongoing, on-site training for
Commercial Generators’ staff, including, but not limited to: management, kitchen
staff, service employees, and janitorial staff; and Multi-Family Customers’ staff,
including but not limited to: the Property Manager, janitorial staff, maintenance,
and any other on-site staff members or contractors that handle Discarded Materials.
For each on-site waste assessment conducted by Contractor, Contractor
shall include documentation of the items listed below. City reserves the right to
request Contractor’s documentation of additional information, and shall authorize
the format for required information.
a. Pictures of material in all Containers;
b. Characteristics of the property, business, and Generator type;
c. Written recommendations for the appropriate Service Level for each
material type;
d. Provision of outreach and education materials appropriate to the
Generator type;
e. Determination of signage placement;
f. Determination of any on-going training needs;
g. Determination of any access needs;
h. Documentation of any special service needs (such as, but not limited
to, seasonal Collection service, automated on-call compactor, etc.); and,
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i. Documentation of records of communications with the Generator.
2. SB 1383 Regulations Assessment
Beginning July 1, 2023 and no later than October 1, 2023, the Contractor
shall conduct an SB 1383 Regulations assessment for each Multi-Family and
Commercial Generator within the Contractor’s Collection service area. Thereafter,
Contractor shall conduct an assessment for each new Multi-Family and
Commercial Generator within the Contractor’s Collection service area to evaluate
Generator’s compliance with SB 1383 Regulations. The assessment shall identify
requirements for the regulated entity under SB 1383 Regulations (including, but
not limited to, specific requirements for Commercial Edible Food Generators) and
assess the current level of compliance with those requirements. All existing Source
Separated Recyclable Materials and SSGCOW Disposal reduction programs shall
be noted and quantified in the assessment documentation. The Contractor shall
identify opportunities for reduced Disposal of Source Separated Recyclable
Materials and SSGCOW, including source reduction and Edible Food Recovery.
Beginning January 1, 2022, and annually thereafter, Contractor
representative shall follow up with all of non-waived Generators required to enroll
in Collection service pursuant to the Municipal Code. The Contractor shall ensure
that these Generators are participating in Source Separated Recyclable Materials
and SSGCOW Collection Service. If the Generator is not in compliance or not
participating, the Contractor’s representative shall attempt to resolve any logistical
barriers to compliance with City ’s Collection service requirements and assist the
Customers with selecting appropriate Service Levels for Discarded Materials.
Contractor shall provide ongoing, on-site training for: (i) Commercial Generators’
staff regarding SB 1383 Regulatory requirements, including, but not limited to:
management, kitchen staff, service employees, and janitorial staff; and, (ii) Multi-
Family Customers’ staff, including, but not limited to: the Property Manager,
janitorial staff, maintenance, and any other on-site staff members or contractors that
handle Discarded Materials.
3. Workshops, Meetings, and Events
Contractor shall, at its sole expense, participate in and/or plan, organize, and
conduct direct Generator outreach, including, but not limited to: workshops,
community events, and meetings to support Generator compliance with the Source
Separated Recyclable Materials and SSGCOW separation and Collection program
participation requirements under this Agreement, the Municipal Code, and other
local and State statutes and corresponding regulations, including, but not limited to,
AB 341, AB 1826, and SB 1383.
Contractor shall host at least one (1) technical assistance workshops per
calendar year. The workshops shall be open to all residents in the City, and the
Contractor shall publish the time and location of the workshop no later than ninety
(90) days prior to the workshop through insert publication method(s), such as
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publication on the Contractor’s website, email newsletter, printed flyers delivered
on Hauler Routes, etc. The structure and content of these workshops shall be
designed by the Contractor, and submitted at least ninety (90) days prior to the date
of the workshop for City approval. At least one (1) of the required technical
assistance workshops shall be focused on the requirements of SB 1383 Regulations
and any local program or service changes as a result of the regulations.
Contractor shall attend two (2) City held events per calendar year.
Contractor shall provide at least one (1) staff member(s) to set up a table with
educational information and be available on-site to answer technical questions from
residents, inform residents of upcoming workshops, and/or schedule meetings,
upon request, with individual Generators.
By request of a Generator or the City, Contractor shall schedule and conduct
an in-person or phone meeting with the Generator to discuss and assess their service
needs and compliance with existing and/ or upcoming programs and Applicable
Law. The Contractor shall provide additional technical assistance as needed, which
may include, but is not limited to site visits and waste assessments. The Contractor
shall follow up with the Generator in person or by phone no later than five (5) days
after the initial meeting to assess the Generator’s compliance with existing and
upcoming programs under this Agreement and Applicable Law.
C. Record Keeping and Reporting Requirements. Contractor shall maintain records
of all technical assistance activities and educational materials conducted pursuant to this
Section and submit reports to the City upon request.
9.6 Food Recovery Program Support
A. Hauler Cooperation and Non-Interference with Food Recovery Efforts by Others
Contractor shall cooperate with and shall not impede, interfere, or attempt to
impede or interfere with the implementation, expansion, or operation of Food Recovery
efforts in the City.
B. Hauler Involvement in Food Recovery Efforts
1. Hauler Education
Contractor shall create and provide educational outreach material for Tier
One and Tier Two Commercial Edible Food Generators in accordance with Section
9.6.B.
2. Hauler Identification of Tier One and Tier Two Commercial Edible Food
Generators
Contractor shall assist in identifing all Commercial Customers that meet the
definition of Tier One and Tier Two Commercial Edible Food Generators and
provide a list of such Customers to the City, which shall include: Customer name;
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service address; contact information; Tier One or Tier Two classification; and, type
of business (as it relates to the Tier One and Tier Two Commercial Edible Food
Generator definitions). Contractor shall update the list and provide it to the City
annually.
C. Hauler Annual Financial Contribution
1. Payment to City
The Contractor shall provide an annual contribution to the City to support
the City ’s Food Recovery program efforts, in accordance with Section 9.6.C.
2. Contractor shall invest in Food Recovery Organizations and Food Recovery
Services to increase Food Recovery activities through direct funding and in-kind
services. Funding and/or in-kind services shall be provided in an amount of
$5,000.00 per calendar year or $2,500 per 500 frontload bin generator accounts,
whichever is greater. Contractor shall provide a list of the proposed beneficiary
organizations to the City Contract Manager for review and approval before any
funding or in-kind contribution is provided. The Contractor shall report any such
financial support at the City’s request.
9.7 Billing
A. General Billing Requirements.
1. Contractor Responsible. Contractor shall bill all Customers and be solely
responsible for collecting payment from Customers. Billing shall be performed on
the basis of services rendered and this Agreement shall create no obligation on the
part of any Person on the sole basis of the Ownership of property. Contractor shall
be responsible for collecting bad debt. Individual contracts between Contractor and
a Customer for services provided under this Agreement shall be prohibited unless
otherwise approved in writing by the City Manager on a case-by-case basis.
2. Bill Inserts. Contractor shall include bill inserts at the request of the City
and not less than four times a year.
3. Records. Contractor shall maintain copies of all billings and receipts, each
in chronological order, for the Term of this Agreement, for inspection and
verification by the City Manager at any reasonable time but in no case more than
seven (7) calendar days after receiving a request to do so.
B. Waivers. Contractor shall ensure that accurate records of waivers are maintained
and Customers are billed properly.
C. Application of Contamination Surcharges. In accordance with Section 9.3.1.C,
the Contractor is required to assess contamination Processing fees on Customers with
repeated occurrences of excess contamination. Any contamination Processing fees to be
assessed for a Customer shall be included and itemized on the Customer’s invoice for the
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billing period in which the Contractor notified the Customer of the assessment of the
contamination Processing fee.
D. Universal Enrollment Process. City requires that Generators are enrolled in
Collection services pursuant to Municipal Code Section 8.12.100. Contractor shall assist
the City in ensuring that the enrollment of Generators occurs in a timely and efficient
manner. City and Contractor shall cooperatively develop and agree to a process no later
than insert date. Contractor shall maintain records and provide reports necessary for the
City to verify the City -wide enrollment of Generators.
9.8 Generator Waivers
A. City may grant the following waivers to Generators that impact the scope of
Contractor’s provision of service for those Customers. Waivers issued shall be subject to
compliance with SB 1383 Regulatory requirements, pursuant to 14 CCR Section 18984.11,
or other requirements specified by the City.
1. De Minimis Waivers. (Three-, Three-Plus-, and Two-Container
Systems Only). The City may waive a Multi-Family’s, Commercial Business’, or
its Property Owner’s obligation to comply with some or all of the Source Separated
Recyclable Materials and SSGCOW requirements set forth in this Agreement, SB
1383 Regulations, and Section 8.12.470(A) of the Municipal Code if the Multi-
Family, Commercial Business, or its Property Owner provides acceptable
documentation or the City has evidence demonstrating one of the de minimis
conditions applies
2. Physical Space Waivers. The City may waive a Multi-Family’s,
Commercial Business’, or its Property Owner’s obligation to comply with some or
all of the Source Separated Recyclable Materials or SSGCOW Collection service
requirements set forth in this Agreement, SB 1383 Regulations, and Municipal
Code Section 8.12.470(B) if the Multi-Family, Commercial Business, or its
Property Owner provides documentation, or the City has evidence from its staff,
the Contractor, licensed architect, or licensed engineer demonstrating that the
Premises lacks adequate space for Blue Containers and/or Green Containers.
3. Third Party or Internal Program Waivers. The City may allow a
Contractor’s Customers a waiver from mandatory program services if they can
submit evidence of a program that satisfies SB 1383 requirements, and that program
is either internally provided or done through a permitted recycler.
B. Contractor Waiver Request on Behalf of Generator. Upon reasonable belief that
a Generator may qualify for a de minimis, physical space, or Collection frequency waiver,
the Contractor may submit a request to the City to grant a waiver to the Generator, provided
that adequate evidence of the de minimis, physical space, or Third Party/Internal Program
is submitted.
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C. Contractor Recordkeeping of Generators Granted Waivers. Upon Contractor
request, no more than four (4) times per year, the City shall provide Contractor an updated
listing of waivers approved by the City, including the Generators’ names, mailing address,
service address, and type of waiver. Contractor shall maintain waiver-related records and
report on waiver verifications and/or reverifications if requested by City.
9.9 Service Waiver Program Coordination
A. Processing Facility Temporary Equipment or Operational Failure Waiver
1. Notification to the City. The Contractor, or their Subcontractor (such as a
Facility operator), shall notify the City of any unforeseen operational restrictions
that have been imposed upon an Approved/Designated Facility by a regulatory
agency or any unforeseen equipment or operational failure that will temporarily
prevent an Approved/Designated Facility from Processing and recovering Source
Separated Recyclable Materials, SSGCOW, or Mixed Waste. The Contractor or
Subcontractor shall notify the City as soon as possible and no later than three (3)
business days from the time of the incident. The notification shall include the
following: (i) name of Approved/Designated Facility; (ii) the Recycling and
Disposal Reporting System Number of the Approved/Designated Facility; (iii) date
the Approved/Designated Facility became unable to Process Source Separated
Recyclable Materials, SSGCOW, or Mixed Waste; (iv) description of the
operational restrictions that have been imposed upon the Approved/Designated
Facility by a regulatory agency or unforeseen equipment failure or operational
restriction that occurred; (v) the period of time the Contractor anticipates the
temporary inability of the Approved/Designated Facility to Process Source
Separated Recyclable Materials, SSGCOW, or Mixed Waste; (vi) Contractor’s
proposed action plan to deliver materials to an Alternative Facility for Processing
or Contractor’s request for waiver to deliver Source Separated Recyclable
Materials, SSGCOW, or Mixed Waste to the Approved/Designated Disposal
Facility.
2. Use of Alternative Facility or Waiver for Disposal of Materials. Upon
notification by Contractor or Subcontractor of an Approved/Designated Facility’s
inability to Process materials, City shall evaluate the notification and determine if
City shall require Contractor to use an Alternative Facility or allow the Contractor
to Transport the Source Separated Recyclable Materials, SSGCOW, or Mixed
Waste to the Approved/Designated Disposal Facility for Disposal on a temporary
basis for a time period specified by the City. Upon City’s decision, the City shall
notify the Contractor of its requirement to use an Alternative Facility for Processing
or to use the Approved Disposal Facility for Disposal, and the period of time that
the City will allow the Source Separated Recyclable Materials, SSGCOW, or
Mixed Waste to be redirected to the Alternative Facility or Approved/Designated
Disposal Facility. Pursuant to 14 CCR Section 18984.13, the approved Disposal
period shall not exceed ninety (90) days from the date the Approved/Designated
Facility’s Processing restriction or failure commenced. In such case, the Contractor
must receive written permission from the City Contract Manager prior to depositing
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any Discarded Material in a Landfill.
3. Record Keeping and Reporting. Contractor shall maintain a record of any
Approved/Designated Facility incidents and report this information to the City.
D. Disaster Waivers. In the event of a disaster, the City may grant Contractor a waiver
of some or all Discarded Materials Collection requirements under this Agreement and 14
CCR, Division 7, Chapter 12, Article 3 in the disaster-affected areas for the duration of the
waiver, provided that such waiver has been approved by CalRecycle.
E. Removal of Material from Homeless Encampments and Illegal Disposal Sites.
The Contractor may, but is not required to, separate or recover Organic Waste that
Contractor removes from homeless encampments and illegal disposal sites as part of an
abatement activity to protect public health and safety. Contractor shall report to the City
the amount of Discarded Materials removed for Disposal from homeless encampments and
illegal disposal sites.
F. Quarantined Waste. If approved by the City, the Contractor may Dispose of
specific types of SSGCOW that are subject to quarantine and meet the requirements
described in 14 CCR Section 18984.13(d) for a period of time specified by the City or until
City provides notice that the quarantine has been removed and directs Contractor to
Transport the SSGCOW to the Approved/Designated Facility(ies) for such material.
The Contractor shall maintain records and submit reports to the City regarding
compliance agreements for quarantined SSGCOW that are Disposed of pursuant to this
subsection.
9.10 Inspection and Enforcement
Contractor Performance of Compliance Reviews
A. Annual Compliance Reviews
1. General. Contractor shall perform compliance reviews described in this
Section commencing January 1, 2023, and at least annually thereafter, unless
otherwise noted.
2. Commercial Generator Compliance Reviews. The Contractor shall
complete a compliance review of all Multi-Family and Commercial Customers that
generate two (2) cubic yards or more per week of Solid Waste, including Organic
Waste, to determine their compliance with: (i) Generator requirements under the
City ’s Discarded Materials Collection program; and, (ii) if applicable for the
Generator, Self-Hauling requirements pursuant to 14 CCR Section 18988.3 and
Sections 8.12.050 and 8.12.060 of the Municipal Code, including whether a Multi-
Family or Commercial Business is complying through Back-Hauling SSGCOW
and/or Source Separated Recyclable Materials and/or SSBCOW. The compliance
review shall mean a “desk” review of records to determine Customers’ compliance
with the above requirements and does not necessarily require on-site observation
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of service; however, the City may request that the Contractor perform an on-site
observation of service in addition to or in lieu of the desk review if needed to obtain
the required information.
3. Annual Hauler Route Review. Beginning in 2022 and annually thereafter,
on a date determined by the City Manager, the Contractor shall conduct annual
Hauler Route reviews of Commercial, Multi-Family, and Single-Family Generators
for compliance with the City’s Discarded Materials Collection program and
Container contamination monitoring. These Hauler Route reviews may be
performed concurrently with the contamination monitoring Hauler Route reviews,
provided that Contractor documents a reasonable sampling of Generators for which
compliance with the City ’s Discarded Materials Collection program during the
Hauler Route review was assessed.
B. Generator Waiver Inspections. In accordance with Section 9.8, Contractor shall
verify Multi-Family and Commercial Generator de minimis and physical space constraint
waivers, if applicable, at least once every five (5) years from the date of issuance of the
waiver.
C. Compliance Review Process
1. Number of Reviews. The Contractor shall conduct a sufficient number of
compliance reviews, Hauler Route reviews, and inspections of Generators, to
adequately determine the Generators’ overall compliance with SB 1383
Regulations, AB 1826, AB 341, and Chapter 8.12 of the Municipal Code. The
number of reviews shall be no less than twenty five percent (25%) of Customer
accounts in total and/or for each review type and the timeframe, if desired. City
reserves the right to require additional inspections, if the City determines that the
amount of inspections conducted by the Contractor is insufficient. City may require
the Contractor to prioritize inspections of entities that the City determines re more
likely to be out of compliance.
2. Non-Compliant Entities. From January 1, 2022 through December 31,
2023, when compliance reviews are performed by Contractor pursuant to Section
9.10.A, Contractor shall provide educational materials in response to violations.
Contractor shall provide these educational materials to the non-compliant
Customers and Generators within seven (7) business days of determination of non-
compliance or immediately upon determination of non-compliance if such non-
compliance is determined during an inspection or Hauler Route review. Contractor
shall document the non-compliant Customers and Generators and the date and type
of education materials provided, and shall report such information to the City.
Beginning January 1, 2024, the Contractor shall, in addition to providing the
education materials described in this subsection, document non-compliant
Customers and Generators determined through Contractor’s compliance reviews
pursuant to Section 9.10.A, and shall report all Customers and Generators with
violations of SB 1383 Regulations to the City. The City shall be responsible for
subsequent enforcement action against the Generators.
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3. Documentation of Inspection Actions. The Contractor shall generate a
written and/or electronic record and maintain documentation for each inspection,
Hauler Route review, and compliance review conducted.
9.11 Service Complaints
A. Documentation of Complaints.
1. General. The Contractor agrees to maintain a computer database log of all
oral and written complaints received by Contractor from Customers or other
Persons. Contractor shall be responsible for the prompt and courteous attention to,
and prompt and reasonable resolution of, all Customer complaints. Contractor
agrees to document and maintain for a period of at least twelve (12) months on a
form or log all Complaints registered by Customers and Persons. Contractor shall
record complaints received related to SB 1383 Regulatory non-compliance in its
log in a manner further described in subsection A.2 below.
2. SB 1383 Regulatory Non-Compliance Complaints. For complaints
received in which the Person alleges that an entity is in violation of SB 1383
Regulations, Contractor shall document the information in a form approved by the
City and report to the City each SB 1383 Regulatory non-compliance complaint in
a monthly summary report of SB 1383 Regulatory non-compliance complaints.
B. Investigation of SB 1383 Regulatory Non-Compliance Complaints.
1. Investigation. Contractor shall commence an investigation, within ninety
(90) days or insert shorter timeframe if desired of receiving a complaint in the
following circumstances: (i) upon Contractor receipt of a complaint that an entity
may not be compliant with SB 1383 Regulations and if City determines that the
allegations against the entity, if true, would constitute a violation of SB 1383
Regulations; and, (ii) upon City request to investigate a complaint received by City
, in which City determines that the allegations against the entity, if true, would
constitute a violation of SB 1383 Regulations. Contractor is required to investigate
complaints against Customers and Generators, but not against Food Recovery
Organizations, Food Recovery Services, and other entities regulated by SB 1383
Regulations.
Contractor shall investigate the complaint using one or more of the methods:
a. Reviewing the Service Level of the entity that may not be compliant
with SB 1383 Regulations;
b. Reviewing the waiver list to determine if the entity has a valid de
minimis, physical space constraint, or Collection frequency waiver;
c. Reviewing the Self-Haul registration list to determine if the entity
has registered and reviewing the entities reported Self-Haul information;
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d. Determining if the entity is located in a Low-Population Area and/or
High-Elevation Area;
e. Inspecting Premises of the entity identified by the complainant, if
warranted; and/or,
f. Contacting the entity to gather more information, if warranted.
2. Reporting. Within ten (10) days of completing an investigation of an SB
1383 Regulatory non-compliance complaint, Contractor shall submit an
investigation complaint report that documents the investigation performed and
recommends to City on whether or not the entity investigated is in violation of SB
1383 Regulations based on the Contractor’s investigation. The City shall make a
final determination of the allegations against the entity.
9.12 Provision of Recovered Organic Waste Products
Option 1: Bulk Compost Reserved for City
Contractor shall make available for City at least one hundred (100) cubic yards of
bulk Compost per calendar year for use in City parks and facilities at no cost to the City.
City will notify Contractor as to the City’s needs for delivery of finished Compost
throughout the calendar year. Contractor shall deliver Compost within forty-eight (48)
hours upon request to any accessible location within City limits. If City does not use
Compost made available by Contractor by the end of the calendar year, the City no longer
retains the right to use that bulk compost allocation that was reserved for that calendar year.
Any of the one hundred (100) cubic yards bulk Compost allotment that is not requested by
the City during the calendar year shall not carry over into the next calendar year. Upon
request, Contractor shall provide City with Compost lab results and specifications. All
Compost provided by Contractor must meet or exceed State requirements for Compost
quality, including those standards regarding Compost maturity, reduction of pathogens,
elimination of weed seeds, and concentrations of physical contaminants such as glass,
plastic, metal, and other Non-Organic Recyclables. All Compost provided by Contractor
must be suitable for use in landscaping, parks, sports fields, and community gardens, and
must be suitable for distribution to the general public, but shall not be required to be
certified by the Organic Materials Review Institute (OMRI).
Option 2: Bulk Mulch Provided by Contractor to City
Contractor shall make available to City at least one hundred (100) cubic yards of
bulk Mulch per calendar year for use in City parks and facilities at no additional cost to
City. The Mulch shall be approved in advance by the City. The Mulch shall meet all
conditions pursuant to the definition of Mulch.
The Mulch shall be of a color specified by the City to the extent that the color
specified by the City is locally commercially available. City will notify Contractor as to
the City’s needs for delivery of finished Mulch throughout the calendar year. Contractor
shall deliver Mulch within forty-eight (48) hours upon request of City to any accessible
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location within City limits at no additional cost to City. If City does not take delivery of
Mulch made available by Contractor within thirty (30) calendar days of the end of the
calendar year, Contractor’s obligation to deliver Mulch for said calendar year shall be
deemed to be satisfied. Any of the one hundred (100) cubic yards bulk Mulch allotment
that is not requested by the City during the calendar year shall not carry over into the next
calendar year.
Option 3: Compost and/or Mulch Distribution Events for Residents
At no cost to the City, Contractor shall distribute an annual total of at least five
hundred (500) one (1) cubic‐foot bags or other receptacle/unit size of Compost and/or
Mulch to City residents at two (2) public Compost distribution events per calendar year
(such that Contractor shall provide at least five hundred 500 bags per event). The location,
date, and time of such events shall be mutually agreed upon by Contractor and the City
Contract Manager and may be held in conjunction with other City approved events.
Contractor shall deliver the bagged Compost and/or Mulch to the agreed‐upon event
location at no cost to City. Contractor shall provide at least two (2) attendant(s) for at least
six (6) hours per event. All Compost provided by Contractor must meet or exceed State
requirements for Compost quality, including those standards regarding Compost maturity,
reduction of pathogens, elimination of weed seeds, and concentrations of physical
contaminants such as glass, plastic, metal, and other Non-Organic Recyclables. All
Compost and/or Mulch provided by Contractor must be suitable for use in landscaping,
parks, sports fields, and community gardens, and must be suitable for distribution to the
general public, but shall not be required to be certified by the Organic Materials Review
Institute (OMRI). The Mulch shall meet all conditions pursuant to the definition of Mulch.
City may determine if the Compost and/or Mulch shall be given to residents at no charge
or if residents shall be charged a fee for the Compost and/or Mulch. If a fee is to be charged,
Contractor and City shall meet and confer to discuss the amount of the fee, process for
collecting the fee, and use of the revenues received.
SECTION 10. MINIMUM STANDARDS FOR CONTRACTOR’S SOLID WASTE
HANDLING SERVICE COLLECTION VEHICLES
10.1 General
Contractor shall provide vehicles for the Collection of Solid Waste (“Collection Vehicles”)
that are sufficient in number and capacity to efficiently perform the work required by this
Agreement in strict accordance with its terms. Contractor is expressly obligated to provide such
Collection Vehicles and routes as are required to meet the service standards set forth herein.
Contractor shall have available on Collection days sufficient back-up vehicles for each type of
Collection Vehicle used to respond to complaints and emergencies. Upon or prior to the Effective
Date of this Agreement and prior to the start of any extension period of this Agreement pursuant
to Section 6, Contractor shall provide City with a report containing the information required under
South Coast Air Quality Management District’s Rule 1193(d)(7). Notwithstanding anything in
this Agreement to the contrary, the vehicles Contractor utilizes solely for delivery of Bins and for
pick-up of Bulky Items shall not be considered “Collection Vehicles”.
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10.2 Air Quality/Fuel Requirements
Contractor’s Collection Vehicles shall comply with all rules and regulations of the South
Coast Air Quality Management District, the Air Resource Board, and any other regulatory body
that may be in effect during the Term of this Agreement, as well as other federal, state and local
laws and regulations that may be enacted during the Term of this Agreement. Contractor’s
Collection Vehicles shall meet or exceed such air quality standards as may be adopted by the
forgoing regulatory bodies during the Term. Contractor’s Collection Vehicles shall comply with
the requirements in the South Coast Air Quality Management District’s Rule 1193.
A. Renewable Natural Gas (RNG) Vehicles
All Collection vehicles used by Contractor under this Agreement shall be powered
by RNG generated by a facility or source approved by CalRecycle to offset City’s
procurement responsibilities as specified by SB 1383 Regulations (14 CCR Section
18993.1). Contractor shall comply with this requirement no later than July, 1 2024. Upon
City’s request, Contractor shall obtain and provide the City with a written certification by
an authorized representative of the publicly-owned treatment works or the wheeling
agreement service provider. If there is not a source that meets the SB1383 Regulations (14
CCR Section 18993.1) by July 1, 2024, the Contractor and the City agreed to meet and
discuss an alternative compliance path to meet this requirement of the Agreement.
10.3 Specific Requirements
Each Collection Vehicle utilized by Contractor in the performance of this Agreement shall
meet the following minimum standards:
A. Each Collection Vehicle must be fueled by Compressed Natural Gas (“CNG”).
B. Each Collection Vehicle must be equipped with an on-board methane detection
system capable of detecting methane leaks in the cab of the Collection Vehicle.
C. Each Collection Vehicle shall be equipped with a tag axle.
D. Each Collection Vehicle shall be registered with the California Department of
Motor Vehicles.
E. Each Collection Vehicle shall be inspected regularly by Contractor to ensure it
meets the requirements of the California Vehicle Code and the California Highway Patrol.
Contractor shall provide copies of its Biannual Inspection of Terminal (“BIT”) inspection
reports to City within 30 days of its receipt of such reports and shall make all records related
to its vehicles, including Contractor’s maintenance records, available to City upon request
by the City Manager.
F. Each Collection Vehicle shall be equipped with devices capable of covering every
open section of the vehicle in which Solid Waste may be placed and, while operating upon
the public rights-of-way, shall be covered so as to prevent any Solid Waste from falling or
being blown or otherwise dislodged from the vehicle.
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G. Each Collection Vehicle shall be continuously maintained so as to both: (1) meet
the highest industry standards with regards to efforts to prevent liquid from leaking and to
the degree possible ensure each Collection Vehicle is “watertight” and “leak-proof” and,
(2) at all times comply with the provisions of all laws and regulations including the Vehicle
Code and any applicable NPDES permit, with regard to materials leaking from Collection
Vehicles. Contractor shall be responsible to promptly clean any spillage or Solid Waste
that leaks or otherwise escapes the vehicle.
H. As frequently as determined necessary by the City Manager, each Collection
Vehicle shall be painted, shall have routine body work performed, and shall be cleaned, so
that such vehicles do not become unsightly, as determined by the City Manager. Each
vehicle shall be painted with Contractor’s colors and identifying information as required
herein.
I. Contractor’s name, local or toll free telephone number, and a vehicle number shall
be visibly printed or painted in letters not less than five (5) inches in height so as to be
legible on both sides of each Collection Vehicle. Any other information or signage printed,
painted, or displayed on Contractor’s Collection Vehicles, when such Vehicles are
providing Collection services within City Limits, shall be subject to approval by City.
J. Each Collection Vehicle shall be maintained in a clean and sanitary condition both
inside and out.
K. Each Collection Vehicle shall carry a broom, shovel, and operable fire extinguisher,
and shall be equipped with a communication device sufficient to allow the driver to
communicate directly with Contractor’s dispatcher and/or main office.
L. Each Collection Vehicle shall be kept in good repair and working order, and shall
be equipped with appropriate safety equipment, including any new safety related
technologies that become standard in the waste industry, and at a minimum shall have a
video monitor based back-up system, or its equivalent. Contractor shall keep a sufficient
supply of replacement parts and equipment on hand to ensure adequate vehicle
maintenance and timely and continuous performance of the services contemplated by this
Agreement.
M. Contractor shall inspect each Collection Vehicle daily to ensure that all equipment
is operating properly. Collection Vehicles which are not operating properly shall be
removed from service until repaired and operating properly. Contractor shall perform all
scheduled maintenance functions upon Collection Vehicles in accordance with the
manufacturer’s specifications and schedule. Contractor shall repair, or arrange for the
repair of, all of its vehicles and equipment for which repairs are needed because of accident,
breakdown or any other cause so as to maintain all equipment in a safe and operable
condition. Contractor shall keep accurate records of all Collection Vehicle maintenance
and repair, recorded according to date and mileage, including signed verifications that
repairs and maintenance has been properly performed, and shall make such records
available to City upon request.
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N. No Collection Vehicle shall be utilized if it is leaking brake, hydraulic, or other
fluids, and Contractor shall clean up any leaks or spills from their vehicles per the NPDES
permits in effect at the time. No fluids shall be washed into storm drains at any time. All
NPDES dry-cleaning measures shall be complied with. All Collection Vehicles must be
equipped with absorbent for such cleanup efforts.
O. Upon request, Contractor shall furnish City a written inventory of all equipment,
including Collection Vehicles, used in providing service pursuant to this Agreement. This
inventory shall list all equipment by manufacturer, ID number, date of acquisition, type
and capacity.
P. Contractor shall utilize Collection Vehicles of a size, weight, nature, and type so as
to not be unreasonably intrusive on the community with respect to noise, emissions,
maneuverability, safety, and other factors and to avoid or minimize pavement damage and
wear and tear of the street or adjacent properties, as approved by the City Manager.
Q. Contractor shall not load Collection Vehicles in excess of the manufacturer’s
recommendations or limitations imposed by state or local laws or regulations.
R. Noise levels of equipment used for Collection shall not exceed 75db (seventy-five
decibels) when measured at a distance of twenty-five (25) feet from the vehicle, five (5)
feet from the ground; provided, however, in the event there is any conflict with this Section
and the noises levels permitted under the City’s Municipal Code, as such may be amended
from time to time, the provisions in the City ’s Municipal Code shall apply. Contractor
shall submit to City, upon City’s request, a certificate of Collection Vehicle noise level
testing, by an independent testing entity, for any Collection Vehicle. Nothing in this
Agreement shall be construed as granting Contractor any rights or waivers to violate any
Applicable Laws.
S. At the start of the Term, all Collection Vehicles shall be less than two (2) years old.
It is the intent that the Collection Vehicles placed into service at the start of the Term shall
continue to be used throughout the Term. Contractor may, however, at any time during the
Term replace the Collection Vehicles currently in use with newer Collection Vehicles.
T. All Collection Vehicles used by Contractor to perform Collection services under
this Agreement shall be equipped with on-board routing systems capable of tracking
vehicle miles traveled (VMT). VMT systems must be capable of generating reports as
requested by City. In addition, all Collection Vehicles shall, at a minimum, be equipped
with a global positioning system (GPS) and Contractor shall be able to provide evidence
of the route location of each Collection Vehicle throughout each service day. City, in its
sole discretion, may grant Contractor a waiver of this requirement due to the unavailability
of equipment or delays in manufacture; evidence of such unavailability or delay shall be
used by City to determine the period for which the waiver shall apply.
U. All Collection Vehicles used by Contractor to perform Collection services under
this Agreement shall be equipped with “right-hand” monitoring/safety equipment to aid
drivers in identifying pedestrians and bikers near the collection vehicle.
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10.4 Costs of Operation and Damages
Contractor shall be responsible for any costs incurred in connection with ensuring all
Collection Vehicles comply with all Applicable Laws, including without limitation any such laws
and regulations that may now exist or hereinafter be adopted relating to noise, fuels, emission
standards, or weight limits.
10.5 City Inspection
City may cause or require any Collection Vehicle used in performance of this Agreement
to be inspected and tested at any time and in such manner as may be appropriate to determine that
the vehicle is being maintained in compliance with the provisions of this Agreement.
10.6 Correction of Defects and Removal of Vehicles from Use within City
Contractor agrees to immediately remove from service, and replace or repair, to the City’s
satisfaction, any Collection Vehicle which City determines to be of unsightly appearance, unsafe,
unsanitary, leaking, out of compliance with any law or regulation or this Agreement, or otherwise
in an unsatisfactory operating condition; and any such vehicle shall not be returned to service until
the City Manager gives his written consent for its return.
SECTION 11. CONTRACTOR’S SOLID WASTE HANDLING SERVICE
PERSONNEL
11.1 Uniforms
Each of Contractor’s Collection employees shall wear a clean uniform bearing Contractor’s
name. Uniforms must be well maintained and in good condition.
11.2 Identification of Employees
Contractor shall provide identification badges, cards or similar devices, for all of its
employees, and all authorized subcontractors, who may make personal contact with residents of
the City. City may require Contractor to notify Customers yearly, or more frequently if determined
necessary by City, of the form of said identification.
11.3 Employee List
Contractor shall provide a list of current employees and authorized subcontractors to City
upon request.
11.4 Driver’s License
Each employee operating a vehicle as part of his or her duties shall, at all times, carry a
valid operator’s license for the type of vehicle he or she is operating.
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11.5 Screening of Field Employees
Contractor shall make reasonable efforts to determine if its employees working in the field
(i.e., drivers of Collection Vehicles, and employees otherwise involved in Collection at Customer
Premises) have been convicted of a felony, and shall identify any such employees known to it to
City . City shall have the ability to require that any employee so identified by Contractor not work
in the field within City.
11.6 Discontinued Use of Unsatisfactory Employees
No employee shall continue to have any involvement whatsoever with regard to any work
in anyway relating to or arising from this Agreement if City gives notice to Contractor that such
employee is determined by City to be discourteous, disorderly, inefficient, unable to communicate
effectively with Customers, or otherwise objectionable (provided the term “otherwise
objectionable” shall not permit City to “ban” an employee for reasons that violate public policy;
and, further, City shall give a reason for requesting the “ban” of any employee from engaging in
work related to this Agreement).
11.7 Training and Legal Compliance
Contractor shall provide operating and safety training that meets minimum OSHA
standards for all personnel, and shall comply with all laws and regulations applicable to its
employees and personnel. Contractor shall periodically train employees on all the specific
requirements of this Agreement applicable to the employee’s effective performance of his or her
duties. Not less than once per calendar year, Contractor shall be required to submit to City a copy
of the training material, as well as, record documentation demonstrating the “Agreement-specific”
training has occurred. In addition, Contractor shall require that all new employees with duties
related to this Agreement receive the above “Agreement-specific” training as part of the orientation
process, and Contractor shall provide documentation to City demonstrating said training has
occurred.
11.8 Customer Service
18.7.18Office Hours
Contractor shall maintain a local office, within 50 miles of City, for communication with
the public that at a minimum will be open from 8:00 a.m. to 5:00 p.m. Monday through Friday,
holidays excepted. At least one responsible and qualified representative of Contractor, capable of
communicating in English and Spanish, shall be present and available during all times that an
office is required to be open as noted above (“Office Hours”), for personal communication with
the public regarding Billings (including the acceptance of in person Bill payments), complaints,
customer service inquiries, etc. and a similarly qualified person shall be available for
communication with the public by phone during any times other than Office Hours when
Collection is occurring.
11.8.2 Telephone Customer Service Requirements
11.8.3 Toll Free Number
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Contractor shall maintain a toll free telephone number that rings at an office at all times
during Office Hours. Both English and Spanish speaking personnel will be available during Office
Hours to assist Customers with telephonic inquiries. Contractor shall have the ability (through the
use of outside resources or otherwise) to communicate with Customers who only speak Spanish,
Korean, Mandarin Chinese, or Tagalog to ensure their inquiries, questions, complaints and other
matters are dealt with in a reasonably timely fashion. All such personnel shall be polite and
responsive, and shall be sufficiently knowledgeable, and have the authority to respond and/or
advise Customers seeking assistance. Contractor’s telephone system shall be adequate to handle
the volume of calls typically experienced on the busiest days. Contractor shall provide City with
a 24-hour emergency telephone number to a live person, not voice-mail.
18.7.4 Call Responsiveness
Contractor shall make reasonable attempts to answer all phone calls within five (5) rings.
If a call has been placed on hold for three (3) minutes, the caller will either be switched to a
message center which shall be responsible to obtain the caller’s address and phone number, or a
Customer service representative will obtain the Customer’s address and a number at which the call
can be returned. Contractor shall make at least three attempts within the next twenty-four (24)
hour period to return the call, with the first such attempt not more than one (1) hour after the caller
leaves the message. If Contractor is unsuccessful in contacting the Customer after following this
procedure, it shall send a letter to the caller indicating its efforts.
18.7.5 Complaint Documentation
All service complaints shall be directed to Contractor. Contractor shall log all complaints
received and said log shall include the date and time the complaint was received, the name, address
and telephone number of the complaining party, a description of the complaint, the name of the
employee recording the complaint and the action taken by Contractor to respond to and remedy
the complaint. All written Customer complaints and inquiries shall be date-stamped when
received. All complaints shall be initially responded to within one (1) business day (Monday
through Friday) of receipt. Contractor shall log action taken to respond to and remedy the
complaint. Daily logs of complaints shall be retained for a minimum of twenty-four (24) months.
All Customer service records and logs kept by Contractor shall be available to City upon request.
City shall, at any time during regular Office Hours, have access to Contractor’s Customer service
department for purposes that may include monitoring the quality of Customer service or
researching Customer complaints. Contractor shall provide to City on a monthly, quarterly, and
annual basis, a complaint log, in a form satisfactory to the City, that includes all of the complaints
logged pursuant to this Section, the complainant and the resolution.
11.8.6 Resolution of Customer Complaints
Disputes between Contractor and its Customers regarding the services provided in
accordance with this Agreement may be resolved by the City. The City’s decision shall be final
and binding. Intervention by the City is not a condition precedent to any rights or remedies third
parties might otherwise have in any dispute with Contractor. Nothing in this Section is intended
to affect the remedies of third parties against Contractor.
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18.7.7 Government Liaison
Contractor shall designate in writing a “Government Liaison” who shall be responsible for
working with City and/or City’s designated representative(s) to resolve Customer complaints. City
shall have the right to approve Contractor’s choice for a liaison. It is anticipated that the
Government Liaison will regularly attend City meetings related to Contractor’s performance of
the Agreement and City events involving community outreach programs.
11.9 Education and Public Awareness
11.9.1 General
Contractor acknowledges and agrees that education and public awareness are critical, key
and essential elements of any efforts to achieve the requirements of AB 939 and AB 341.
Accordingly, Contractor agrees to exploit opportunities to expand public and Customer knowledge
concerning needs and methods to reduce, reuse and recycle Solid Waste and to cooperate fully
with City in this regard.
11.9.2 Written Program Materials
Contractor shall maintain a program of providing information relevant to the need and the
methods to reduce, reuse and recycle Solid Waste, and Contractor upon request from City, may
include such information along with bills provided to Customers. All public education materials
shall be approved in advance by City, be produced and/or made available in both English and
Spanish languages, and bear the City seal unless otherwise approved by City. Contractor shall
keep a record of all promotional and public education materials utilized, and shall provide quarterly
reports summarizing its public outreach and education efforts.
11.9.3 Public Outreach
At a minimum, Contractor shall promote recycling through presentations and educational
materials to businesses, business groups, homeowners associations, construction contractors and
other civic groups. Contractor shall also provide articles on relevant waste and recycling topics
for the City’s website on at least a quarterly basis.
11.9.4 Corrective Action Notice
Contractor shall develop a corrective action notification form for use in instances where a
Customer sets out inappropriate materials for Collection that explains the appropriate manner for
disposal of such items.
11.9.5 Contractor Representative
Contractor shall retain on its staff an individual who shall as part of his or her job function
routinely visit civic groups, and homeowners’ associations, to promote and explain the Recycling
and other programs that Contractor offers, and participate in demonstrations, and civic events.
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SECTION 12. CONTRACTOR’S CONSIDERATION
In addition to any other consideration set forth herein, as part of its consideration for
entering this Agreement, and for the exclusive franchise, right and privilege to provide Solid Waste
Handling Services within City as specified herein Contractor shall provide the following:
12.1 Reimbursement of Negotiation Costs
Concurrently with the execution of this Agreement, Contractor shall pay to City a one-time
lump sum payment in the amount of Forty-Five Thousand Dollars ($45,000), to reimburse the City
for its actual staff expenses and out-of-pocket costs (including specifically consultant and legal
fees) it incurred in connection with the Request for Proposals (“RFP”) process for Solid Waste
Handling Services, the negotiation of this Agreement, and ultimate award of this Agreement.
12.2 SB 1383 Regulatory Reimbursement
The Contractor shall pay City a Franchise Monitoring and Assistance Fee of Seventy-Five
Thousand Dollars ($75,000) to help fund City franchise compliance monitoring and State
regulatory compliance efforts. This Franchise Monitoring and Assistance fee shall be payable upon
execution of the Agreement, and then annually on January 1st of each successive year. The
Franchise Monitoring and Assistance Fee shall be increased annually, starting January 1, 2023, by
the percentage change in the Consumer Price Index, calculated in accordance with Section 24.4.
12.3 Franchise Fee
Contractor shall pay to City, a franchise fee equal to the greater of ten percent (10%) of
Contractor’s annual Gross Receipts each year. Said Franchise Fee shall be paid to City quarterly
on or before the last day of the following month. Should any such due date fall on a weekend or
holiday in which the City ’s business offices are closed, payment shall be due on the first day
thereafter in which the City ’s business offices are open. The amount of each payment shall be
equal to ten percent (10%) of Contractor’s Gross Receipts in the calendar quarter preceding the
date payment was due. The Franchise Fee due hereunder shall apply to Gross Receipts of
Contractor collected after the expiration of the Term hereof relating to Contractor’s performance
during the Term hereof. Franchise Fees shall be accompanied by a statement certified by an officer
of Contractor attesting to the accuracy of the amounts paid, and setting forth the basis for their
calculation in a manner acceptable to City.
12.4 Street Sweeping and Litter Abatement Fee
The Contract shall make an annual payment to the City of $125,000 to support the City ’s
litter abatement efforts, including but not limited to contracting and administration costs incurred
by the City in hiring and overseeing a private firm to provide recurring street sweeping services.
This payment is due at contract execution and each successive January 1st throughout the term of
this agreement.
12.5 Charitable Community Contribution
The Contract shall make an annual payment to the City of $20,000 to support the City’s
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special events and programming for the community. This payment is due at contract execution
and each successive January 1st throughout the term of this Agreement.
SECTION 13. CHARGE FOR LATE PAYMENTS
In the event Contractor fails to timely make any of the payments provided for in this
Agreement (whether reimbursements, Franchise Fees, payments of funds collected in connection
with billing services, or otherwise), Contractor shall pay to City, as additional consideration, a sum
of money equal to five percent (5%) of the amount due. This amount is required in order to defray
those additional expenses and costs incurred by City by reason of the delinquent payment
including, but not limited to, the cost of administering, accounting for, and collecting said
delinquent payment and the cost to City of postponing services and projects necessitated by the
delay in receiving the revenue. In addition, any amounts not paid to City by Contractor within
sixty (60) days of the due date shall be subject to interest in the amount of ten percent (10%) per
annum, calculated on a daily basis for each day such sums remain past due.
CONTRACTOR’S BILLING SERVICES AND SYSTEMS
13.1 Billing
Contractor shall provide services pursuant to this Agreement at rates it sets, charges to, and
collects from Customers and Responsible Customers; provided, however, Contractor’s rates shall
not exceed those set forth in the attached Exhibit A, which sets out the maximum rates that may
be charged by Contractor for the various different service options that may occur hereunder, as
such maximum rates may be adjusted from time to time pursuant to the terms hereof. Contractor
shall provide all Customers, or Responsible Customers, where applicable, with itemized Bills,
detailing charges for all services, including charges for late payments, as well as the period of
service to which the Bill applies. Contractor acknowledges that it, and not Customers nor
Responsible Customers, is to pay a Franchise Fee and the other fees noted herein to City as
consideration for this Agreement. Accordingly, Contractor’s Bills shall not include separate
itemization of a “Franchise Fee” or other similar designation relating to fees which Contractor is
required to pay to City.
Billings may be made on a monthly basis for all Customers and Responsible Customers.
Premises ordering service after the first of the month or canceling service prior to the end of the
month shall be charged on a prorated per-pickup basis.
13.1.1 Suspension of Service Due to Non-Payment
Contractor may discontinue service to any Customer, or Responsible Customer, where
applicable, as set forth in this Section. Customers or Responsible Customers who have not
remitted required payments within sixty (60) days after the date of Billing shall be notified on
forms approved by the City Manager. Said forms shall contain a statement that services may be
discontinued fifteen (15) days from the date of the notice if payment is not made before that time.
If payment is not made by the expiration of said fifteen (15) day period, Contractor must contact
City and advise of the delinquency and may discontinue service to that Customer or Responsible
Customer, forty-eight (48) hours thereafter with City’s prior consent. Contractor shall resume
Solid Waste Collection on the next regularly scheduled Collection day for any Customer or
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Responsible Customer whose service is discontinued upon receipt of payment of delinquent fees
and any related service restart charges in accordance with the maximum rates set forth in Exhibit
A, or at such sooner time as directed to do so by City. Contractor may not charge for service
during any period in which service was suspended. Any delinquent fees or service charges to be
imposed in connection with delinquent accounts shall be set by Contractor and be subject to City
Manager approval. A deposit equal to the maximum rate for one month’s service as set forth on
Exhibit A, as such rates may be amended from time to time, may be required of accounts which
have been discontinued for non-payment prior to re-instituting service at such accounts.
Notwithstanding the above, in the event of a Billing dispute and/or to avoid negatively impacting
public health or safety, Contractor shall not suspend service to any Customer or Responsible
Customer without the City ’s prior consent, and shall continue to provide service to any Customer
or Responsible Customer if directed to do so by City without regard to the status of said Customer’s
or Responsible Customer’s account.
13.2 Minimum Requirements for Billing Statements
Bills shall be prepared and provided in a manner that adequately presents the services
rendered in an easy to understand and verifiable format. The format of Contractor’s Bills must be
approved by City prior to the commencement of Solid Waste Collection services under this
Agreement. City reserves the right to require changes to the Bill format during the Term of this
Agreement. In addition to any other pertinent data, Billing statements mailed by Contractor shall
be printed to contain the following information, and the language contemplated for compliance
with this requirement shall be subject to the City Manager’s approval:
A. A “statement date” indicating the date the Bill is generated and mailed.
B. A notice to Customers or Responsible Customers that payments are due
within thirty (30) days of the statement date, an advisement that the Customer’s or
Responsible Customer’s account will become delinquent if payment is not received by the
60th day following the statement date, an advisement of the date and time by which
payments must be received in order to avoid delinquent fees (i.e., 4:00 p.m. on the 75th
day following the statement date), and a notification of the amount of fees that will be
imposed and the potential for service interruptions if payments are not received by the
specified date and time.
C. An advisement to Customers and Responsible Customers that payment can
be made in the following manner:
(1) By mailing payment to Contractor at such address as Contractor may
designate;
(2) By automatic withdrawal from a checking account;
(3) By major credit card on-line (i.e., via the Internet); or
(4) In person at Contractor’s local office pursuant to Section 11.8.1 by
cash, check, credit card or other acceptable forms of payment.
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D. An advisement that inquiries relating to Solid Waste Collection should be
directed to Contractor, including an address, phone number and internet site, for such
inquiries.
13.3 Billing System
13.3.1 Computerization of Account Information
Contractor shall provide and maintain, at its expense, computer equipment sufficient to
operate pertinent computer programs and otherwise provide the services required by this Section.
Contractor shall create, at its own expense, computer programs sufficient to operate a
computerized billing system, permanently maintain all account records and otherwise meet the
requirements of this Section.
13.3.2 Minimum Computer Programming Requirements
In addition to any other requirements set forth herein, the programs created by Contractor
to operate and maintain the billing system shall at a minimum be able to perform the following
functions:
A. Create a permanent record of any adjustment to a Customer’s or Responsible
Customer’s account;
B. Work in connection with a backup system such that all Customer and
Responsible Customer account data and records are protected from a computer failure and
permanently preserved on not less than a daily basis; and
C. Allow Customers or Responsible Customers to make payments on-line (i.e.,
via the Internet) by a major credit card, automatic withdrawal from a checking account,
mail, cash or other acceptable forms of payment.
13.3.3 Billing Inquiries
All Billing inquiries shall be entered into the computerized billing system. Contractor’s
computer programs shall keep a permanent record of all Billing inquiries and all adjustments to
Customer’s or Responsible Customer’s Bills resulting therefrom.
13.4 Payment, Accounting Systems
13.4.1 Collection and Processing of Payments
13.4.1.1 Accounting and Deposit of Funds
All payments received by Contractor shall be appropriately credited to Customer and
Responsible Customer accounts, deposited in a bank account and accounted for in a businesslike
manner utilizing generally accepted accounting principles. To facilitate audits and record keeping
Contractor shall make all withdrawals from its bank accounts by check, ACH debit/credit or wire,
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regardless of whether the withdrawal is to provide funds to City, Contractor, or any permissible
subcontractor of Contractor.
13.4.1.2 Allocation of Funds
With respect to payments received from each Customer or Responsible Customer, unless
a Customer or Responsible Customer specifically directs a different allocation, funds shall be
allocated first to outstanding charges for Solid Waste Collection, from oldest to most recent
charges, then to any related delinquency fees or service charges, and lastly to other administrative
charges, up to the amount of any outstanding balance. Any overpayment shall be credited to future
Bills in the same sequence, or returned to Customers or Responsible Customers as appropriate.
SECTION 14. FAITHFUL PERFORMANCE
14.1 Surety
Contemporaneously with execution of this Agreement, as security for Contractor’s faithful
performance of all obligations of this Agreement, Contractor shall provide a surety mechanism
(the “Surety”) as more fully defined below in the amount of One Hundred and Fifty Thousand
Dollars ($150,000.00). The Surety may be comprised of either a performance bond or an
irrevocable letter of credit, or a combination of both. If a letter of credit is utilized to satisfy some
or all of the Surety requirement, it shall be drawn upon a financial institution with an office within
one hundred (100) miles of City , and otherwise in a form acceptable to the City Attorney. The
performance bond, if any, shall be issued by a duly authorized corporate surety company
authorized to do business in California, and in a form acceptable to the City Attorney. The cost of
the Surety shall be the sole responsibility of Contractor. The Surety shall be released within thirty
(30) days after both (i) the expiration of the Term of this Agreement; and (ii) Contractor’s
satisfactory performance of all obligations hereunder.
14.1.1 Forfeiture of Surety
In the event Contractor shall for any reason become unable to, or fail in any way to, perform
as required by this Agreement, City may declare a portion or all of the Surety, as may be necessary
to recompense and make whole the City, forfeited to the City. Upon partial or full forfeiture of
the Surety, Contractor shall restore the Surety to its original amount within thirty (30) days of the
City ’s notice to do so. Failure to restore the Surety to its full amount within thirty (30) days shall
be a material breach of this Agreement.
14.1.2 Use of Surety by City
Notwithstanding any provision hereof to the contrary, thirty (30) days following City
providing Contractor with written notice of its failure to pay City any amount owing under this
Agreement, either the letter of credit or performance bond comprising the Surety may be utilized
by City for purposes including, but not limited to: (1) Payment of sums due under the terms of
this Agreement which Contractor has failed to timely pay to City , including specifically liquidated
damages; and (2) Reimbursement of costs borne by City to correct violations of this Agreement
not corrected by Contractor.
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14.2 Cash Bond
Contemporaneously with execution of this Agreement, as security for Contractor’s faithful
performance of all obligations of this Agreement, Contractor shall also provide City with a cash
bond (“Cash Bond”) as more fully defined below in the amount of Fifty Thousand Dollars
($50,000.00). The Cash Bond may be comprised of either a cash deposit or an irrevocable letter
of credit, or a combination of both. If a letter of credit is utilized to satisfy some or all of the Cash
Bond requirement, it shall be drawn upon a financial institution with an office within one hundred
(100) miles of City, and otherwise in a form acceptable to the City Attorney. The cash deposit, if
any, shall be deposited in an interest-bearing account at a financial institution with an office within
one hundred (100) miles of City that is acceptable to the City Attorney. All interest on a cash
deposit, if any, shall accrue to Contractor. Any costs associated with the Cash Bond shall be the
sole responsibility of Contractor. The Cash Bond shall be released within thirty (30) days after
both (i) the expiration of the Term of this Agreement; and (ii) Contractor’s satisfactory
performance of all obligations hereunder.
14.2.1 Forfeiture of Cash Bond
In the event Contractor shall for any reason become unable to, or fail in any way to, perform
as required by this Agreement, City may declare a portion or all of the Cash Bond, as may be
necessary to recompense and make whole the City , forfeited to the City . Upon partial or full
forfeiture of the Cash Bond, Contractor shall restore the Cash Bond to its original amount within
thirty (30) days of the City ’s notice to do so. Failure to restore the Cash Bond to its full amount
within thirty (30) days shall be a material breach of this Agreement.
14.2.2 Use of Cash Bond by City
Notwithstanding any provision hereof to the contrary, thirty (30) days following City
providing Contractor with written notice of its failure to pay City any amount owing under this
Agreement, either the letter of credit or cash deposit comprising the Cash Bond may be utilized by
City for purposes including, but not limited to: (1) Payment of sums due under the terms of this
Agreement which Contractor has failed to timely pay to City , including specifically liquidated
damages; and (2) Reimbursement of costs borne by City to correct violations of this Agreement
not corrected by Contractor.
14.3 Replacement Letter of Credit
City may draw upon the entire letter of credit (if any) utilized to meet Contractor’s
obligations pertaining to the Surety and Cash Bond, and convert it to a cash deposit, if Contractor
fails to cause the letter of credit to be extended or replaced with another satisfactory letter of credit
no later than sixty (60) days prior to its expiration.
SECTION 15. INSURANCE COVERAGE
Contractor shall procure and maintain during the entire Term of this Agreement the
following types of insurance, and shall maintain the following minimum levels of coverage, which
shall apply to any claims which may arise from or in connection with Contractor’s performance
hereunder or the actions or inactions of any of Contractor’s officers, agents, representatives,
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employees, or subcontractors in connection with Contractor’s performance. The insurance
requirements hereunder in no way limit Contractor’s various defense and indemnification
obligations, or any other obligations as set forth herein.
15.1 Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most recent editions of Insurance Services Office Commercial General
Liability coverage (“occurrence” form CG 00 01).
2. The most recent editions of Insurance Services Office form number CA 00 01 1001
covering Automobile Liability, code 1 “any auto”.
3. Workers’ Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
15.2 Minimum Limits of Insurance
Contractor shall maintain in force for the Term of this Agreement limits no less than:
15.2.1 Commercial General Liability
Ten Million Dollars ($10,000,000.00) limit aggregate and Five Million Dollars
($5,000,000.00) limit per occurrence for bodily injury, personal injury and property damage. Such
limits can be achieved through a combination of primary and excess liability policies.
15.2.2 Automobile Liability
Ten Million Dollars ($10,000,000.00) combined limit per accident for bodily injury and
property damage. Such limits can be achieved through a combination of primary and excess
liability policies.
15.2.3 Workers’ Compensation and Employers Liability
Workers’ compensation statutory limits as required by the Labor Code of the State of
California and Employers Liability limits of One Million Dollars ($1,000,000.00) per accident.
15.3 Deductibles and Self-Insured Retentions
All deductibles or self-insured retentions (i) shall be for the account of Contractor and paid
entirely by Contractor without contribution from City, and (ii) shall be declared to City. If, in the
reasonable opinion of the City , Contractor does not have sufficient financial resources to protect
the City from exposure with respect to any deductibles or self-insured retentions Contractor shall
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
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15.4 Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
15.4.1 General Liability
City and its elected and appointed officials, officers, employees, agents and volunteers shall
be named as additional insureds in connection with liability arising out of activities performed by
or on behalf of Contractor; Premises owned, leased or used by Contractor. The coverage shall
contain no special limitations on the scope of protection afforded to City or its elected and
appointed officials, officers, employees, agents and volunteers. As respects the liabilities assumed
by Contractor under this Agreement, Contractor’s insurance coverage shall be the primary
insurance for the City and its elected and appointed officials, officers, employees, agents and
volunteers in connection with the above enumerated categories. Any insurance or self-insurance
maintained by City or its elected and appointed officials, officers, employees, agents and
volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. Any failure
to comply with the reporting provisions of the policies shall not affect coverage provided to City
or its elected and appointed officials, officers, employees, agents and volunteers. Coverage shall
state that Contractor’s insurance shall apply separately to each insured against whom a claim is
made, or suit is brought, except with respect to the limits of the insurer’s liability.
15.4.2 Workers’ Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City and its elected and
appointed officials, officers, employees, agents and volunteers for losses arising from work
performed by Contractor for City. A Waiver of Subrogation Endorsement must be issued to City
by the insurer.
15.4.3 Environmental Pollution Control Insurance
Contractor shall maintain either an endorsement to its general liability policy, or a separate
policy of insurance covering environmental pollution and contamination that names the City as an
additional insured. Said coverage shall be in the amount of not less than One Million Dollars
($1,000,000) per occurrence, and One Million Dollars ($1,000,000) in the aggregate, and shall
substantially comply with all other provisions set forth in Section 15.4.1.
15.4.4 All Coverages
Except for Worker’s Compensation, each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’
prior written notice has been given to City. Additionally, Contractor agrees that it will not suspend,
void or reduce in coverage or limits each insurance policy required by this clause without notice
to the City.
15.5 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
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edition of Best’s Insurance Reports of size category VII or larger and a rating classification of A
or better, unless otherwise approved by the City Manager.
15.6 Verification of Coverage
Contractor shall furnish City with certificates of insurance and with original endorsements
affecting coverage required by this Section. The certificates and endorsements for each insurance
policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be on forms provided by or acceptable to City and are to be
received and approved by City before work commences. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
15.7 Loss or Reduction in Insurance
In the event that Contractor fails to retain or maintain insurance with the scope and amounts
of coverage required hereunder, City shall have the right, but not the obligation to either terminate
this Agreement, or obtain insurance coverage as required herein on behalf of Contractor and utilize
funds from the Initial Surety and/or Agreement Surety defined in Section 14 to pay the cost of
providing such coverage.
SECTION 16. ASSIGNMENT, SUBLETTING, AND TRANSFER;
REQUIREMENTS AND LIMITATIONS
16.1 General
Contractor shall not assign any portion of or all of its rights, nor delegate, subcontract or
otherwise transfer any portion of or all of its obligations under this Agreement (collectively
referred to as an “Assignment”) to any other Person without the prior approval by the City Council.
The City Council has unfettered discretion to approve or deny such an Assignment. The City
Council’s exercise of its unfettered discretion may include City Council review and approval of
any Assignment terms, including, but not limited to, insurance obligations, indemnification
language, bonding requirements, and any and all other terms the City Council may in its unfettered
discretion require. Any such Assignment made without the approval by the City Council shall be
void and the attempted Assignment shall constitute a material breach of this Agreement.
16.2 Assignment to be Broadly Interpreted
For purposes of this Section, the term “Assignment” shall be given the broadest possible
interpretation, and 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 any membership interest of Contractor to a third party;
(iii) any dissolution, reorganization, consolidation, merger, re-capitalization, stock issuance or re-
issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction
which results in a change of ownership or control of Contractor; (iv) any assignment by operation
of law, including those resulting from mergers or acquisitions by or of Contractor or any of its
Affiliates, insolvency or bankruptcy, making assignment for the benefit of creditors, writ of
attachment for an execution being levied against this Agreement, appointment of a receiver taking
possession of Contractor’s property, or transfer occurring in the event of a probate proceeding; (v)
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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, or change of control of
Contractor; and (vi) Contractor’s subcontracting of only a portion of its rights and obligations
under this Agreement (e.g., the In-Home Bulky Item Collection service).
16.3 Nature of Agreement – Personal to Contractor
Contractor acknowledges that this Agreement involves rendering a vital service to City ’s
residents and businesses, and that City has selected Contractor to perform the services specified
herein based on (1) Contractor’s experience, skill and reputation for conducting its Solid Waste
Handling Services in a safe, effective and responsible fashion, at all times in keeping with
applicable Environmental Laws, regulations and best Solid 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. City has relied on each of these factors,
among others, in choosing Contractor to perform the services to be rendered by Contractor under
this Agreement.
16.4 Procedure for Consideration of Assignment
If Contractor requests City ’s consideration of and consent to an Assignment, the City
Council may deny, approve or conditionally approve such request in its sole and absolute
discretion. Under no circumstances shall City be obliged to consider any proposed Assignment if
Contractor is in default at any time during the period of consideration. Should the City consent to
any Assignment request, such Assignment shall not take effect until all conditions relating to the
City ’s approval have been met Any request for an Assignment shall be made in a manner to be
prescribed by the City Manager, and no request by Contractor for consent to an Assignment need
be considered by City unless and until Contractor has met (or with respect to matters that would
only occur upon completion of the Assignment if approved, made reasonable assurances that it
will meet) the following requirements:
A. Contractor shall undertake to pay City its reasonable direct and indirect expenses,
including administrative, investigative, consulting, and attorneys’ fees and 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 (collectively
the “Administrative Assignment Fee”). An advance non-refundable payment in an amount
to be determined by the City Manager towards the Administrative Assignment Fee shall be
paid to the City prior to City ’s consideration of any Assignment request, although
Contractor shall be responsible to pay all costs incurred by City in considering a request
for Assignment, including those in excess of the aforesaid deposit amount, regardless of
whether City consents to the Assignment.
B. If requested to do so, Contractor shall furnish City with audited financial statements
of the proposed assignee’s operations for the immediately preceding three (3) operating
years.
C. Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee
has at least ten (10) years of Solid Waste management experience on a scale equal to or
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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 significant citations or
other censure from any federal, state or local agency having City over its Solid Waste
management operations due to any significant failure to comply with state, federal or local
laws, including the Environmental Laws and that the assignee has provided City 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 Solid Waste management practices in full compliance with all federal, state and local
laws regulating the Collection and disposal of Solid Waste including Hazardous
Substances; and, (v) of any other information required by City to ensure the proposed
assignee can fulfill the terms of this Agreement in a timely, safe and effective manner.
D. The proposed assignee shall execute an agreement assuming all of Contractor’s
rights and liabilities under this Agreement.
SECTION 17. REVIEW OF SERVICES AND PERFORMANCE
17.1 Performance Hearing
A. Commencing on or about January 1, 2023, and on a biennial basis thereafter, City
may hold a hearing to review Contractor’s Solid Waste Collection efforts, source reduction,
processing and other diversion services and overall performance under this Agreement (the
“Solid Waste Services and Performance Review Hearing”). The purpose of the Solid
Waste Services and Performance Review Hearing is to provide for a discussion and review
of technological, economic, and regulatory changes in Collection, source reduction,
recycling, processing and disposal to achieve a continuing, advanced Solid Waste
Collection, source reduction and recycling and disposal system; and to ensure services are
being provided by Contractor with adequate quality, effectiveness and economy and in full
compliance with the terms of this Agreement. Topics for discussion and review at the
Solid Waste Services and Performance Review Hearing shall include, but shall not be
limited to, services provided, feasibility of providing new services, application of new
technologies, Customer complaints, amendments to this Agreement, developments in the
law, new initiatives for meeting or exceeding AB 939’s goals and where applicable SB
1383’s goals, regulatory constraints and Contractor performance. City and Contractor may
each select additional topics for discussion at any Solid Waste Services and Performance
Review Hearing.
B. In addition to the Solid Waste Services and Performance Review Hearings City
may hold in accordance with the immediately preceding paragraph, if the number of
Customer complaints regarding Contractor’s Solid Waste Collection are deemed by City
to be excessive or the nature of to be significant, City may, at any time (subject to the
paragraph immediately below), hold a Solid Waste Services and Performance Review
Hearing.
C. City shall notify Contractor of its intent to hold a Solid Waste Services and
Performance Review Hearing at least ninety (90) days in advance thereof. The notice will
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indicate whether the hearing will occur before City staff, the City Council, or such other
body as the City may designate in the notice. Forty-five (45) days after receiving notice
from City of a Solid Waste Services and Performance Review Hearing, Contractor shall
submit a report to City which may contain such information as it wished to have considered,
and shall contain the following:
(1) Current diversion rates and a report on Contractor’s outreach
activities for the past year.
(2) Recommended changes and/or new services to improve the City ’s
ability to meet the goals of AB 939 and SB 1383 and to contain costs and
minimize impacts on rates.
(3) Any specific plans for provision of changed or new services by
Contractor.
D. The reports required by this Agreement regarding Customer complaints shall be
used as one basis for review of Contractor’s performance, and Contractor may submit other
relevant performance information and reports for consideration at the Solid Waste Services
and Performance Review Hearing. In addition to the above, City may request Contractor
to submit any other specific information relating to its performance for consideration at the
Solid Waste Services and Performance Review Hearing, and any Customer may submit
comments or complaints during or before the Hearing, either orally or in writing.
Contractor shall be present at and participate in the Solid Waste Services and Performance
Review Hearing.
SECTION 18. CITY ’S REMEDIES; DEFAULT AND TERMINATION
18.1 Notice of Default
If the City Manager determines that Contractor has defaulted in the performance of any
obligation hereunder, or that Contractor’s performance pursuant to this Agreement with respect to
such matters has not been in conformity with reasonable industry standards which are obtained in
similar Cities in Southern California, the provisions of this Agreement, the requirements of the
Municipal Code, the requirements of CalRecycle, including, but not limited to, requirements for
source reduction and recycling or any other applicable federal, state, or local law or regulation,
including but not limited to the laws governing transfer, storage, or disposal of special wastes, or
hazardous wastes, the City Manager may provide written notice to Contractor of such default. The
City Manager may, in such written notice, set a reasonable time within which correction of such
default shall be made. Unless a longer or shorter time is otherwise specified by the City Manager,
a reasonable time for correction shall be thirty (30) days from the date such written notice is given.
18.2 Failure to Cure
If Contractor fails to correct, to the satisfaction of the City Manager, all deficiencies
contained in the written notice thereof within the specified time, or if it is not reasonably possible
to correct such deficiencies within the specified time, and Contractor fails to commence to correct
or remedy such deficiencies within the specified time and diligently effect such correction or
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remedy thereafter, then the City Manager may refer the matter to the City Council for review, or
review the matter himself.
18.3 Review by City Manager
If the City Manager reviews the matter and determines that Contractor has failed to
properly or adequately cure any default set forth above, the City Manager, in the exercise of his
discretion, may terminate this Agreement, or take such other action as he deems appropriate to
pursue any remedy available to City. A decision or order of the City Manager shall be final and
binding on Contractor unless Contractor files a “Notice of Appeal” with the City Clerk within five
(5) business days of the date the notice of the City Manager’s decision is given. The City Manager
shall schedule any appeal for consideration by the City Council no later than the earliest feasible
regular City Council Meeting following the date a Notice of Appeal is given to City.
18.4 City Council Review
In the event an appeal of a decision of the City Manager is filed, or if the City Manager
refers the matter to the City Council without rendering a decision, the City Council shall set the
matter for consideration before the City Council as an agenda item at either a regular, adjourned
regular, or special meeting. In reviewing the matter, the City Council may consider any
information reported by the City Manager regarding the deficiencies, and shall give Contractor, or
its representatives and any other interested person, a reasonable opportunity to be heard. The City
Council shall determine whether Contractor has failed to properly or adequately perform as set
forth above, and if so whether to terminate the Agreement, or to pursue any other remedy available
to City.
18.5 Performance During Reviews
Contractor’s performance under this Agreement is not excused during any period of time
when its performance is under review as set forth above, including at any time prior to a final
decision as to whether such performance is deficient.
18.6 Termination without Right to Cure
The above right of termination as a result of Contractor’s failure to timely cure any
deficiency is in addition to City ’s right to terminate this Agreement without affording Contractor
an opportunity to cure in circumstances where Contractor is determined by City to have materially
breached this Agreement. City shall thus be afforded the right to terminate this Agreement in the
event of any material breach hereof by Contractor without affording Contractor the right to cure
as a result of any action, inaction or circumstance which is a legally defined material breach, or is
defined herein as a material breach, and/or under any of the following circumstances which are
hereby specifically defined as material breaches:
A. If Contractor practices, or attempts to practice, any fraud upon City.
B. If Contractor becomes insolvent, unable, or unwilling to pay its debts, or
upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding.
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C. If Contractor willfully violates any orders or rulings of any regulatory body
having City over Contractor relative to this Agreement. So long as City ’s rights are not
prejudiced during the pendency of any challenge to such orders or rulings by Contractor,
Contractor may contest any such orders or rulings by appropriate proceedings conducted
in good faith, in which case no material breach of this Agreement shall be deemed to have
occurred until a final ruling has been rendered.
D. If Contractor ceases to provide Solid Waste Handling Services, including
Collection of Solid Waste and/or Recyclable Material, as required under this Agreement
over all or any portion of the Franchise Area for a period of seven (7) days or more, for
any reason not specified as a force majeure event hereunder.
E. If Contractor fails to materially comply with any insurance or indemnification
requirement set forth in this Agreement.
F. If City is required to pay any fine or penalty, which is not paid on its behalf
by Contractor or which Contractor fails, refuses, neglects or is unable to pay or indemnify
City against, relating to any diversion or other requirement of AB 939 and/or SB 1383.
G. If Contractor, Contractor’s shareholders, Contractor’s directors, or any
senior management level employee of Contractor (defined for purposes of this provision
as any representative of Contractor who regularly is in communication with or regularly
has contact with any member of the City Council or City Manager, or any of Contractor’s
employees who communicate with any City Department Head or City employee with
decision making authority on matters related to the performance of the Agreement) is
convicted of a Criminal Matter (as defined herein). For purposes of this Section the term
Criminal Matter refers to any felony or misdemeanor offense having any relationship to
either Solid Waste Handling Services or public corruption (including, without limitation,
bribery, conflict of interest related allegations, vote selling, or any similar type charges).
H. If Contractor fails to meet the Recycling Diversion Requirement in Section 8.9.5
for any calendar year under this Agreement.
18.7 Liquidated Damages
18.7.1 General
The City finds, and Contractor agrees, that as of the time of the execution of this
Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which
shall be incurred by City as a result of a breach by Contractor of certain specific obligations under
this Agreement. The factors relating to the impracticability of ascertaining damages include, but
are not limited to, the fact that: (i) substantial damage results to members of the public who are
denied services or denied quality or reliable service; (ii) such breaches cause inconvenience,
anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the
general public for whose benefit this Agreement exists, in subjective ways and in varying degrees
of intensity which are incapable of measurement in precise monetary terms; (iii) that the services
that are the subject of this Agreement might be available at substantially lower costs than
alternative services and the monetary loss resulting from denial of services or denial of quality or
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reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of
this Agreement for such specific breaches, and other remedies are, at best, a means of future
correction and not remedies which make the public whole for past breaches.
18.7.2 Service Performance Standards; Liquidated Damages for Failure to Meet Standards
The parties further acknowledge that consistent, reliable Solid Waste Handling Service is
of utmost importance to City and that City has considered and relied on Contractor’s
representations as to its quality of service commitment in entering this Agreement with it. The
parties further recognize that some quantified standards of performance are necessary and
appropriate to ensure consistent and reliable service and performance. The parties further
recognize that if Contractor fails to achieve the performance standards, or fails to submit required
documents in a timely manner, City and its residents will suffer damages and that it is and will be
impractical and extremely difficult to ascertain and determine the exact amount of damages which
City will suffer. Therefore, without prejudice to City ’s right to treat such breaches as an event of
default, the parties agree that the following liquidated damage amounts represent a reasonable
estimate of the amount of such damages for such specific breaches, considering all of the
circumstances existing on the date of this Agreement, including the relationship of the sums to the
range of harm to City that reasonably could be anticipated and the anticipation that proof of actual
damages would be costly or impractical. In placing their initials at the places provided, each party
specifically confirms the accuracy of the statements made above and the fact that each party has
had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated
damage provisions at the time that the Agreement was made.
Contractor
Initial Here
City
Initial Here
18.7.3 Calculations for Liquidated Damages
Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set forth
below for each type of action warranting such damages:
18.7.3.1 Collection Reliability
A. For each failure to commence service to a new Customer account within seven (7)
days after order: $200.00.
B. For each failure to Collect Solid Waste from any established Customer on the
scheduled Collection day and not Collected within the period described in this Agreement
which exceed five (5) such failures annually: $200.00.
C. For each failure to Collect Solid Waste, which has been properly set out for
Collection, from the same Customer on two (2) consecutive scheduled pickup days:
$200.00.
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18.7.3.2 Collection Quality
D. For each occurrence of failure to properly return empty Containers to avoid
pedestrian or vehicular traffic impediments or to place Containers upright with lids secured
which exceeds ten (10) such occurrences annually: $500.00.
E. For each occurrence of excessive noise or discourteous behavior which
exceeds five (5) such occurrences annually: $500.00.
F. For each occurrence of Collecting Solid Waste during unauthorized hours
which exceeds five (5) such occurrences annually: $500.00.
G. For each occurrence of damage to private property in an amount in excess
of $1,000 which exceeds five (5) such occurrences annually: $500.00.
H. For each failure to clean up Solid Waste spilled from Containers, excepting
amounts that are so nominal in nature that they would not reasonably be expected to be
noticed by the driver of a Collection Vehicle, within 90 minutes or in compliance with
NPDES requirements, whichever is stricter: $500.00.
18.7.3.3 Customer Responsiveness
A. For each failure to initially respond to a Customer complaint within one (1) business
day, which exceeds five (5) such occurrences annually, and for each additional day in
which the complaint is not addressed: $150.00.
B. For each failure to process Customer complaints to City as required herein, which
exceeds five (5) such occurrences annually: $200.00.
C. For each failure to remove graffiti from Containers or to replace with Containers
bearing no graffiti, within twenty-four (24) hours (Sundays and holidays excepted) of a
request from City: $150.00.
18.7.3.4 Timeliness of Submissions to City
D. Any report shall be considered late until such time as a correct and complete report
is received by City. For each calendar day a report is late, the daily liquidated damage
amount shall be:
(1) Monthly Reports: $100.00 per day.
(2) Quarterly Reports: $200.00 per day.
(3) Annual Reports: $500.00 per day.
18.7.3.5 Cooperation During Transition with Subsequent Solid Waste Enterprise
A. For each day routing information, including billing information and other operating
records needed to service premises, is requested by City or any subsequent solid waste
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enterprise in accordance with Section 29 and is received after City-established due dates,
both for preparation of a request for proposals and for any subsequent solid waste
enterprise’s implementation of service: $1,000.00 per day.
B. For each day delivery of keys, security codes, remote controls used to access
garages, gates and bin enclosures, or other means of access to Solid Waste Containers is
delayed beyond one (1) day prior to new solid waste enterprise servicing Customers with
access issues: $1,000.00 per day.
C. For delay in not meeting the requirements from Section 29 in a timely manner, in
addition to the daily liquidated damages for breach under Sections 18.7.3.5(A)-(B) above,
a one-time charge of: $35,000.
18.7.3.6 Minimum Hauler Recycling Requirements
D. For each calendar year, beginning in 2022, in which Contractor fails to meet the
guaranteed Recycling Diversion Requirement set forth in Section 8.9.5: $40 for each ton
below the tonnage level necessary to meet the Recycling Diversion Requirement.
18.7.4 Process for Assessment of Liquidated Damages
A. City may determine the occurrence of events giving rise to liquidated damages
through the observation of its own employees or representative or through an investigation
of Customer complaints. It is the desire of the parties to work together to avoid the
imposition of liquidated damages and accordingly City will endeavor to timely
communicate to Contractor any information that it receives which might give rise the
imposition of liquidated damages in order to facilitate Contractor’s ability to correct any
deficiency, or prevent the recurrence of any conduct for which liquidated damages might
eventually be imposed.
B. Prior to assessing liquidated damages, City shall give Contractor notice of its
intention to do so. The notice will include a brief description of the incident(s)/non-
performance. Contractor may review (and make copies at its own expense) all information
in the possession of City relating to incident(s)/non-performance. Contractor may, within
ten (10) days after receiving the notice, request a meeting with the City Manager.
Contractor may present evidence in writing and through testimony of its employees and
others relevant to the incident(s)/non-performance. The City Manager will provide
Contractor with a written explanation of his or her determination on each incident(s)/non-
performance prior to authorizing the assessment of liquidated damages. The decision of
City Manager shall be final.
C. City may assess liquidated damages for each calendar day or event, as appropriate,
that Contractor is determined to be liable in accordance with this Agreement.
18.7.5 Timing of Payment
Contractor shall pay any liquidated damages assessed by City within ten (10) days after
they are assessed. If they are not paid within the ten (10) day period, City may proceed against
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any security required by this Agreement to obtain payment, and/or find Contractor in default and
exercise its right to terminate this Agreement as set forth herein.
SECTION 19. CONTRACTOR’S REMEDIES; ADMINISTRATIVE HEARING
19.1 Administrative Hearing
Should Contractor contend that City is in breach of any aspect of this Agreement, it shall
give notice to the City Manager requesting an administrative hearing on the allegation. The
hearing shall occur as soon as reasonably possible, or on such date as mutually agreed by the
parties, and shall be held before an impartial hearing officer to be determined by the City Manager.
The hearing officer shall make an advisory ruling on Contractor’s allegations, and suggest a
remedy if a breach by City is determined to exist. The hearing officer’s ruling and
recommendations shall become final and binding if the parties so agree in writing within thirty
(30) days of the date notice of the decision is given to both parties. Otherwise, the hearing officer’s
ruling shall have no further force or effect.
19.2 Other Remedies; Claims
Contractor shall be entitled to all available remedies in law or equity for City ’s breach of
this Agreement; provided, however, Contractor shall not file or otherwise commence any action
against City , in law or equity, in any court, until after an administrative hearing as set forth above
has been completed, and the above noted thirty (30) day period to accept the hearing officer’s
decision has passed, or either City or Contractor has given timely written notice to the other that it
will not accept the hearing officer’s decision.
19.3 Actions for Damages
As a prerequisite to the filing and maintenance of any action for damages by Contractor
against City arising out of this Agreement, Contractor shall present a claim to City, as required by
Government Code Section 910 et seq., within thirty (30) days of the date of the occurrence giving
rise to the claim for damages.
SECTION 20. CITY’S ADDITIONAL REMEDIES
In addition to any other remedies set forth herein, City shall be entitled to any or all of the
following rights and remedies in the event of a breach of this Agreement by Contractor with respect
to its obligations to Collect, transport and/or dispose of Solid Waste, including Recyclable
Material, as provided in this Agreement:
A. The right to use the waste collection trucks and the carts and bins located at
customer premises that Contractor then uses for the purpose of Collecting, transporting,
and/or disposing of Solid Waste, including Recyclable Material, pursuant to this
Agreement (such trucks, carts and bins being referred to herein as the Franchise
Equipment”), for a period not to exceed six (6) months or, if less, until such breach by
Contractor is cured. In the case of Franchise Equipment not owned by Contractor,
Contractor shall assign to City, to the extent Contractor is permitted to do so under the
instruments pursuant to which Contractor possesses such equipment, the right to use and
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possess the equipment. If City exercises its rights under this Section, City shall pay to
Contractor the reasonable rental value of the Franchise Equipment for the period of City ’s
possession thereof (although payment may, if appropriate, occur in the form of a setoff
against damages otherwise owed by Contractor pursuant to the terms hereof);
B. The right to license others to perform the services otherwise to be performed by
Contractor hereunder, or to perform such services itself; and
C. The right to obtain damages and/or injunctive relief. Both parties recognize and
agree that in the event of a breach of this Agreement by Contractor, City will suffer
irreparable injury and incalculable damages sufficient to support injunctive relief, to
specifically enforce the provisions of this Agreement, and to enjoin the breach hereof.
SECTION 21. RIGHTS OF CITY TO PERFORM DURING EMERGENCY
21.1 Provision of Service
Should Contractor, for any reason whatsoever, refuse or be unable to provide Solid Waste
Handling Services for a period of more than forty-eight (48) hours, and if as a result thereof, Solid
Waste should accumulate in City to such an extent or in such a manner that the City Manager finds
that such accumulation endangers or menaces the public health, safety, or welfare, City shall have
the right, upon twelve (12) hours prior written notice to Contractor, during the period of such
emergency, to temporarily take possession of any or all Franchise Equipment of Contractor
previously used in providing Collection, transportation, and disposal of Solid Waste and provide,
through its own forces or otherwise, Solid Waste Handling Services which Contractor otherwise
would be obligated to provide pursuant to this Agreement. Contractor agrees that in such event it
shall fully cooperate with City to affect such a transfer of possession for City ’s use.
21.2 Possession of Equipment
Contractor agrees, that in the event of circumstances described in Section 21.1 above, City
may take temporary possession of and use all of said Franchise Equipment without paying
Contractor any rental or other charge. Upon Contractor giving City notice that it is able to resume
its normal responsibilities under this Agreement City shall either relinquish possession of all of
the above mentioned Franchise Equipment to Contractor.
21.3 Exclusions from Right to Possession of Equipment without Compensation
Specifically excluded from the circumstances in which City may possess and utilize
Contractor’s equipment without compensation are circumstances in which Contractor fails or
refuses to provide Solid Waste Handling Services hereunder for any reason which is not a force
majeure event as defined herein. In such circumstances City ’s right to utilize and possess
Contractor’s equipment shall be subject to the provisions of the above Section 20.
SECTION 22. PRIVACY
Contractor shall strictly observe and protect the privacy rights of Customers. Information
identifying individual Customers or the composition or contents of a Customer’s Solid Waste
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stream, or any of the billing information pertaining to any Customers, shall not be revealed to any
person, governmental unit, private agency, or company, unless upon the authority of a court of
law, by statute, ordinance, or regulation of a governmental agency having City, or upon valid
authorization of the Customer. This provision shall not be construed to preclude Contractor from
preparing, participating in, or assisting in the preparation of waste characterization studies or waste
audits which may be required by AB 939 or this Agreement. Contractor shall not market or
distribute, outside the normal course of its business, mailing lists with the names and addresses of
Customers. The rights afforded Customers pursuant to this Section shall be in addition to any
other privacy right afforded Customers pursuant to federal or state law.
SECTION 23. REPORTS AND ADVERSE INFORMATION
The parties acknowledge that City will require reporting at various intervals by which
information important to City can be complied and analyzed. Throughout the Term the parties
agree to work together to address City ’s needs with respect to the information to be contained in
reports prepared by Contractor. The following is intended as a starting point in order to have
established an objective baseline for reporting, but the frequency and content of the reports called
out below may be changed by agreement of the parties; provided any such change is approved by
the City Manager in writing. Monthly reports shall be submitted within twenty (20) calendar days
after the end of the report month. Quarterly reports shall be submitted within twenty (20) calendar
days after the end of the calendar quarter.
23.1 Monthly Reports
At a minimum, Contractor shall report the following to City on a monthly basis: Solid
Waste Collected by Contractor for each month, sorted by type of Solid Waste in tons broken down
at a level acceptable to City (which at a minimum shall include: refuse, Green Waste, e-waste and
universal waste item counts, types of recyclables including PET, HDPE, mixed plastics, aluminum,
cardboard, mixed paper, sand, and concrete), as well as by customer type (i.e., single family, multi-
family, commercial, roll-off, curbside, etc.); the facilities where all Solid Waste Collected was
processed or disposed; a list of all missed pick-ups; a list of the records related to non-collection
notices; warning notices issued for contaminated Recyclable Materials, and Green Waste
Containers (if applicable); and a narrative summary of problems encountered (including
scavenging) and actions taken with recommendations for City , as appropriate. Contractor shall
also provide a detailed list of all In-Home Bulky Item Collections including, at a minimum,
Customer name, Customer address, Customer telephone number, date(s) of service, and a
description of each item Collected.
23.2 Quarterly Reports
At a minimum, Contractor shall report the following to City on a quarterly basis: the
information required in the monthly reports; the complaint summary for the quarter summarized
by nature of complaints; copies of promotional and public education materials sent during the
quarter; description of Contractor outreach activities conducted the previous quarter; report of the
number of Customers participating in Recycling Collection services, a narrative description of
problems encountered and actions taken with respect to scavenging, and such other information or
reports that the City may reasonably request or require. Contractor shall, upon demand by City,
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provide true and accurate copies of landfill tipping receipts, records showing delivery at processing
or reuse facilities, and similar such documents in order to enable City to verify Contractor’s
quarterly reports.
23.3 Annual Reports
Within 30 days of the end of each calendar year during the Term of this Agreement and
within thirty (30) days after the end of the Term, Contractor shall submit a written annual report,
at its sole expense, in a form approved by City , which includes, but is not limited to, the following
information:
A. A summary of the previous year’s activities including, but not limited to, services
begun or discontinued during the reporting year, and the number of Customers broken
down on a monthly basis;
B. A summary of the total tons of Solid Waste Collected in City in the preceding year
as well as a summary of the total tonnage diverted from the State’s landfill systems during
that time frame;
C. Information and reports required by City to meet its reporting obligations imposed
by AB 939 and the regulations implementing AB 939, in a form and content approved by
the City Manager;
D. A revenue statement, certified by the chief financial officer of Contractor, setting
forth Franchise Fees paid and the basis for the calculation thereof, including specifically a
breakdown of sources of revenue included in Gross Receipts and the amount of revenue
derived from each such source comprising Gross Receipts;
E. A list of Contractor’s officers and the members of its Board of Directors, or as
applicable a list identifying all Persons holding a membership interest in Contractor;
F. A list of stockholders or other equity investors holding five percent (5%) or more
of the interest in Contractor; and
G. A list of each service address or other identifying location associated with each
Customer’s or Responsible Customer’s account, the total number of Carts at each such
address or other identifying location, types of services being Billed and the serial numbers
associated or other identifying information associated with each Cart at such address as
required by Section 8.7.7.
H. A list of Customers or Responsible Customers who elect not to receive a Recycling
Cart, including contact information, reasons, and the locations thereof.
23.4 Format of Reports
Each monthly, quarterly, and annual report shall be submitted to City, addressed to the City
Manager or his or her designee. Records related to performance of this Agreement shall be
maintained by Contractor in forms and by methods that facilitate flexible use of data contained in
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them to structure reports, as needed. The format of each report shall be approved by City.
Contractor agrees to submit all reports to e-mail addresses designated by City in an electronic
format approved by the City, compatible with City’s software/computers at no additional charge.
23.5 Adverse Information
A. Contractor shall provide City two copies of all reports and other material adversely
affecting this Agreement submitted by Contractor to the United States Environmental
Protection Agency, CalRecycle, the California Regional Water Quality Control Board, and
any other federal, state, regional, or local regulatory agency. Copies shall be submitted to
City simultaneously with Contractor’s filing of such matters with said agencies.
Contractor’s routine correspondence to said agencies need not be automatically submitted
to City , but shall be made available to City upon written request.
B. Contractor shall submit to City copies of all pleadings, applications, notifications,
communications, and documents of any kind submitted by Contractor to, as well as copies
of all decisions, correspondence, and actions by, any federal, state, and local courts,
regulatory agencies, and other government bodies relating in any manner to Contractor’s
performance of services pursuant to this Agreement. To the degree authorized by law, any
confidential data exempt from public disclosure shall be retained in confidence by City and
its authorized agents and shall not be made available for public inspection.
C. Contractor shall submit to City such other information or reports in such forms and
at such times as City may reasonably request or require.
D. All reports and records required under this or any other Section hereof shall be
furnished at the sole expense of Contractor.
23.6 Disaster Plan
Within ninety (90) days of the Effective Date, Contractor shall prepare a draft disaster
debris cleanup implementation plan that sets forth procedures for collection of debris following a
major disaster such as an earthquake, mudslide, storm, flood, fire, terrorist attack, riot, civil
disturbance or other similar event. The disaster plan shall address priorities for cleanup at critical
facilities, procedures for reimbursement for costs, describe communication plans, list key contact
persons, and provide maps showing proposed sites for stockpiling of disaster debris that cannot be
transported to the landfill. Contractor shall coordinate the plan with City’s emergency service
teams and private parties, as necessary. The draft plan shall be presented to the City Manager for
consideration and approval. The final plan shall be distributed to those employees of Contractor
and City and private parties who would have a role in implementing such plan in the event of a
disaster.
In addition to the disaster debris cleanup implementation plan, Contractor shall: (1) assist
City in the event of a major disaster by providing Collection Vehicles and drivers normally
assigned to City at rates which do not exceed the maximum rates set forth on Exhibit A; and (2) ,
upon request and at no additional charge, provide to City at City Hall or other locations designated
by the City Manager, up to ten (10) Bins and/or Roll-off Boxes, with the quantity and size to be
designated by City , for use as emergency containers to store emergency materials and supplies.
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23.7 Failure to Report
The refusal of Contractor to file any of the reports required, or the inclusion of any
materially false or misleading statement or representation made knowingly by Contractor in such
report shall be deemed a material breach of the Agreement, and shall subject Contractor to all
remedies, legal or equitable, which are available to City under this Agreement or otherwise.
SECTION 24. COMPENSATION
24.1 Contractor Rates
Contractor shall provide services to Customers pursuant to this Agreement at rates it sets,
charges to, and collects from Customers, which rates shall not exceed those set forth in the attached
Exhibit A, which sets out the maximum rates that may be charged by Contractor, as such maximum
rates may be adjusted from time to time pursuant to the terms hereof. The maximum rates set forth
in Exhibit A are inclusive of all services to be provided, including transportation, disposal, and
Container costs, and no other charges shall be imposed by Contractor for such services.
24.2 Resolution of Disputes Regarding Rate Adjustments
Any dispute regarding an adjustment to the maximum rates Contractor may charge, or the
computation thereof, shall be decided by the City Manager. The rates in effect at the time such
dispute is submitted to the City Manager shall remain in effect pending resolution of such dispute.
The effective date of the adjusted maximum rate following the resolution of any such dispute,
whether retroactive or prospective, shall be determined by the City Manager.
24.3 Annual Consumer Price Index Adjustments
Commencing on July 1, 2023 the maximum rates as set forth in Exhibit A shall be adjusted,
and such rates shall be adjusted annually thereafter on each subsequent July 1st during the Term
hereof (the “Adjustment Dates”), by multiplying each rate by Consumer Price Index (“CPI”) for
All Urban Consumers, CUURA421SA0 not seasonally adjusted, all items index (CPI-U) – Los
Angeles-Long Beach-Anaheim area for the twelve (12) month period ending the December
immediately prior to the applicable Adjustment Date versus the index average for the previous
twelve months. The first rate adjustment under the Agreement will be approved on July 1, 2023
and shown on the Customer’s invoice, however the Contractor will provide a credit on the invoice
in the amount of the July 1, 2023 monthly increase for the months of July 2023 through December
2023 in order to fulfill the Contractor’s commitment to the proposed two (2) year rate guarantee.
All future rate increases starting with July 1, 2024 will be implemented per the criteria listed above
in this Section 24.3. At least ninety (90) days prior to charging Customers any rate increased due
to an increase in the CPI, Contractor shall obtain the City Manager’s approval to do so. The City
Manager shall approve such a request unless it is determined, based upon substantial evidence,
that the requested adjustment to the maximum rate does not meet the requirements as set forth
herein.
It is anticipated that to obtain City Manager’s approval of Contractor’s requested rate
increase, Contractor shall provide all necessary information to justify the request. City will make
an effort to verify information provided by Contractor, but ultimately Contractor bears the burden
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of ensuring the submitted information is correct and supported by all necessary documentation.
Contractor agrees and acknowledges that City is entitled to rely, in good faith, on information
submitted by Contractor, including mathematical calculations, CPI data, and other documentation,
to justify Contractor’s requested rate increase. In the event that there are errors in Contractor’s
requested rate increase request, including, but not limited to, an inaccurate rate adjustment request,
inaccurate application of the rate increase formula described above, or usage of inaccurate data,
Contractor acknowledges and agrees that City is entitled to seek recovery of damages on behalf of
the public or impose future rate reductions to compensate for the errors. Contractor also waives
any arguments or defenses Contractor now has or may have in the future, including estoppel,
waiver, or other similar equitable remedies, with respect to any action, claim, demand, proceeding
or suit in law or equity of any and every kind and description brought by or on behalf of City or
Customers due to errors in Contractor’s requested rate increase.
24.4 Limitations to Annual CPI Adjustments
Notwithstanding anything to the contrary in Section 24.3 above, the maximum annual
adjustment occurring pursuant to Section 24.3 shall be limited by the provisions set forth below.
24.4.1 Five Percent (5%) Cap
Any maximum rate may not be increased in any given year by more than five percent (5%)
without regard to any higher increase which may otherwise be justified by the formula set forth in
Section 24.3. In the event an increase exceeds the five percent (5%) cap, the un-applied percentage
may not be rolled forward and applied to maximum rate increases in subsequent years.
24.4.2 Compliance with Agreement
No increase to the maximum rates shall occur if the City Manager determines that
Contractor did not substantially comply with all terms of this Agreement in the Rate Year
preceding the increase, including without limitation, provisions hereof relating to reporting,
diversion, and Customer service standards.
24.5 Discretionary Adjustments
Contractor may request an adjustment to the maximum rates set forth in Exhibit A at
reasonable times other than as set forth in Section 24.3 for unusual changes in the cost of providing
service under this Agreement. For each request for an adjustment to the maximum rates brought
pursuant to this Section, Contractor shall prepare a schedule documenting the extraordinary costs.
Such request shall be prepared in a form acceptable to City with support for assumptions made by
Contractor in preparing the estimate. The City Council shall review Contractor’s request and, in
the City Council’s sole judgment and absolute, unfettered discretion, make the final determination
as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted,
the appropriate amount of the adjustment. The City Council may consider increases or decreases
in Contractor’s total revenues and total cost of services when reviewing an extraordinary rate
adjustment request. Contractor may not request an extraordinary increase in the maximum rates
as a result of: changes in fees or taxes such as Social Security, disability or income tax; changes
in health care costs, including increases to the cost of health insurance or changes to the
requirements for health insurance; changes in the market value of Recyclables or processing costs
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for Recyclables or Green Waste; inaccurate estimates by Contractor of its cost of operations; or
costs of compliance with South Coast Air Quality Management District and Air Resource Board
rules and standards for Collection Vehicles. An advance non-refundable payment of Five
Thousand Dollars ($5,000.00) shall be paid to City prior to City’s consideration of each of
Contractor’s requests for an adjustment of the maximum rates pursuant to this Section.
SECTION 25. IDENTIFICATION OF CONTRACTOR
Contractor has agreed to use the name “Universal Waste Systems” identify itself to the
public as the specific organization that shall provide all services under this Agreement. Unless
otherwise approved in writing by City, this name shall be used for all correspondence, Billing
statements, directory listings, references, signs, and vehicle and Container identification.
SECTION 26. CITY ’S FLOW CONTROL OPTION/COUNTY AGREEMENT
26.1 Flow Control Option
City shall have the absolute ability to choose the location for the delivery and/or disposal
of all Solid Waste (including Recyclable Material, Organic Waste, Green Waste, and construction
and demolition waste) Collected pursuant to this Agreement (hereinafter City ’s “Flow Control
Option”). Contractor expressly consents to City’s ability to direct the location for disposal of Solid
Waste hereunder, and waives any and all rights to challenge City’s ability to do so, including
without limitation any rights under the Commerce Clause of the United States Constitution. As of
the Effective Date, City shall be deemed to have exercised its Flow Control Option so as to require
delivery of all Solid Waste Collected hereunder to the Orange County landfill system in a manner
consistent with its obligations under the County Agreement (including, without limitation, its
obligations related to Solid Waste that is delivered to a processing/transfer facility prior to being
delivered to a landfill for disposal), and Contractor has agreed to handle all Solid Waste Collected
hereunder in a manner consistent with City’s exercise of its Flow Control Option as noted above.
At any time during the Term of this Agreement the City Manager may notify Contractor in writing
that City no longer desires to exercise its Flow Control Option. In the event City so notifies
Contractor of its desire to cease exercising its Flow Control Option, Contractor shall have the
absolute discretion to utilize any disposal facility, transfer station, recycling facility, material
recovery facility, landfill, or other facility of its choosing to retain, recycle, process, and dispose
of Solid Waste generated within the City, provided the use of such facility by Contractor enables
it to meet all other requirements of this Agreement. City hereby confirms and agrees that it does
not desire to, and will not, exercise its Flow Control Option with respect to source-separated
Organic Waste, and that Contractor may process all source-separated Organic Waste at a properly
permitted facility located in Los Angeles County or any city therein provided this processing
activity is approved by CalRecycle and achforieves required compliance for the City.
26.2 County Agreement
Contractor expressly acknowledges its awareness of the County Agreement which has been
adopted and entered into by City. Moreover, Contractor acknowledges that it has had an
opportunity to review the County Agreement, and is aware of the provisions thereof that require
all Solid Waste collected in the City Limits to be disposed of in the Orange County landfill system.
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Contractor further acknowledges that the County of Orange is an intended third party beneficiary
of Contractor’s obligations relating in any way to the disposal of Solid Waste pursuant to this
Agreement and the County Agreement. Contractor hereby adopts as its obligations hereunder such
provisions of the County Agreement that require action or inaction by it as City’s Solid Waste
franchisee. Contractor represents and warrants that it can and will perform its duties in connection
with this Agreement in such a manner as to ensure that City does not breach the terms of the
County Agreement as a result of Contractor’s actions or inaction. In the event City advises
Contractor in writing that the County Agreement has been terminated, or that it no longer wishes
to exercise its Flow Control Option in a manner consistent with the County Agreement, then
Contractor’s obligations pursuant to this paragraph shall be terminated.
SECTION 27. INDEMNIFICATION
27.1 General
A. Contractor hereby agrees to and shall indemnify and hold harmless City , its elected
and appointed officials, officers, employees, agents, and volunteers (collectively the
“Indemnities”) from and against any and all loss, liability, penalty, forfeiture, claim,
demand, action, proceeding or suit in law or equity of any and every kind and description
(including, but not limited to, injury to and death of any Person and damage to property, or
for contribution or indemnity claimed by third parties) arising out of, resulting from, and/or
in any way connected with this Agreement including: (1) the negligence or willful
misconduct of Contractor, its officers, employees, agents, and/or subcontractors in
performing services under this Agreement; (2) the failure of Contractor, its officers,
employees, agents, and/or subcontractors to comply in all respects with the provisions of
this Agreement, all Applicable Laws (including, without limitation, the Environmental
Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of
Contractor, its officers, employees, agents, and/or subcontractors in performing services
under this Agreement for which strict liability is imposed by law (including, without
limitation, the Environmental Laws); and (4) any challenge to the award of, or any
provisions of this Agreement (including any claim that the application of any provision
hereof violates any provision of the California Constitution). The foregoing indemnity and
hold harmless provisions shall apply regardless of whether such loss, liability, penalty,
forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused
in part by any of Indemnities’ negligence, but shall not extend to matters resulting from
Indemnities’ sole negligence, or willful misconduct. Contractor further agrees to and shall,
upon demand of City , at Contractor’s sole cost and expense, defend (with attorneys
acceptable to City ) City , its elected and appointed boards and commissions, officers,
employees, and agents against any claims, actions, suits in law or equity or other
proceedings, whether judicial, quasi-judicial or administrative in nature, arising or
resulting from any of the aforementioned events, and to reimburse City for any and all costs
and expenses City incurs in providing any such defense, either before, during or after the
time Contractor elects to provide such defense, including any and all costs incurred in
overseeing any defense to be provided herein by Contractor.
B. Contractor, upon demand of City , made by and through the City Attorney, shall
protect City and appear in and defend City and its elected officials, officers, employees and
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agents, in any claims or actions by third parties, whether judicial, administrative or
otherwise, including, but not limited to disputes and litigation over the definitions of “Solid
Waste” or “Recyclable Material,” the scope of the rights granted herein, conflicts between
the rights granted herein and rights asserted by other Persons, or the limits of City ’s
authority with respect to the grant of licenses, or agreements, exclusive or otherwise,
asserting rights under the Dormant Commerce Clause or any other federal or state laws to
provide Collection services in the City .
C. The provisions of this Section shall not terminate or expire, shall be given the
broadest possible interpretation, and shall survive the expiration or earlier termination of
this Agreement.
27.2 Hazardous Substances Indemnification
A. Without regard to any insurance coverage or requirements, and without limiting the
above general indemnification obligation in any way, Contractor specifically agrees to and
shall, to the maximum extent permitted by law, defend (with counsel acceptable to City )
reimburse, indemnify, and hold City and its past and present officers, council members,
employees, consultants and agents (hereinafter “Indemnified Parties”) harmless from and
against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs,
liens, expenses, suits, actions, attorneys’ fees, consultant fees, penalties and any and all
other losses, damages, fees and expenses of whatever kind or nature (“Claims”) (including
but not limited to response costs, investigative costs, assessment costs, monitoring costs,
treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages
and expenses) that arise out of or are alleged to arise out of or in any way relate to any
action, inaction or omission of Contractor that:
(1) results in any demand, claim, notice, order, or lawsuit, asserting that any
Indemnified Party is liable, responsible or in any way obligated to investigate,
assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any
Hazardous Contaminant (as defined herein); or
(2) relates to material Collected, transported, recycled, processed, treated or
disposed of by Contractor.
B. Contractor’s obligations pursuant to this Section shall apply, without limitation, to:
(1) any Claims brought pursuant to or based on the provisions of the
Environmental Laws, including without limitation the Comprehensive
Environmental Response, Compensation and Liability Act (“CERCLA”), 42
U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act (“RCRA”), 42
U.S.C. § 6901 et seq., the Carpenter-Presley-Tanner Hazardous Substances
Account Act (California Health & Safety Code Sections 25300 et seq.), the
California Hazardous Waste Control Laws (California Health and Safety Code
Sections 25100 et seq.), the California Porter-Cologne Act (California Water Code
Section 13000 et seq.), and any and all amendments and regulations thereto, and
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any other federal, state, regional or local environmental statutory or regulatory
provision;
(2) any Claims based on or arising out of or alleged to be arising out of the
ownership, use, lease, sale, design, construction, maintenance or operation by
Contractor of any facility;
(3) any Claims based on or arising out of or alleged to be arising out of the
marketing, sale, distribution, storage, transportation, disposal, processing or use of
any materials recovered by Contractor; and
(4) any Claims based on or arising out of or alleged to be arising out of any
breach of any express or implied warranty, representation or covenant arising out
of or in connection with this Agreement.
C. The foregoing indemnity and defense obligations shall apply irrespective of the
negligence or willful misconduct of Contractor or any Affiliate of Contractor.
D. For purposes of this Agreement, the term “Hazardous Contaminant” shall mean any
“hazardous material,” as that term is defined under California Health & Safety Code
Section 25501(n); any “hazardous substance,” as that term is defined herein or under
California Health & Safety Code Sections 25281(h), 25501(n), 25501.1 and under Title 42,
Section 9601(14) of the United States Code; any “hazardous waste,” as that term is defined
herein and under Title 42, Section 6903(5) of the United States Code and under California
Health & Safety Code Section 25501(n); any chemical which the Governor has identified
as a chemical known to the State to cause cancer or reproductive toxicity pursuant to
California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined
petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-
containing material. The term “Hazardous Contaminant” shall also include any and all
amendments to the above-referenced statutory and regulatory provisions made before or
after the date of execution of this Agreement.
E. The provisions of this Section shall not terminate or expire, shall be given the
broadest possible interpretation, and shall survive the expiration or earlier termination of
this Agreement.
F. With regard to any claim covered by this provision arising from the delivery of
Solid Waste to the Orange County landfill system pursuant to the terms of the County
Agreement, the indemnity provisions hereof are intended to be supplemental to any
indemnification obligations owed to the City by the County of Orange pursuant to the
County Agreement.
SECTION 28. CONTRACTOR’S BOOKS AND RECORDS; AUDITS
28.1 Maintenance and Inspection of Records
Contractor shall maintain all records relating to the services provided hereunder, including
but not limited to Customer lists, billing records, accounts payable records, maps, AB 939/SB 1383
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compliance records, records reflecting the number of refuse, recycling and organics routes and
route hours by service category (such as residential, multi-family, commercial, roll-off, and special
services), records demonstrating facilities, equipment and personnel used to perform services,
records reflecting the number of refuse, recycling and organics Containers in service by frequency
of Collection for each customer group (such as single family, multi-family, commercial, roll-off);
records reflecting the number of roll-off box pulls, and such other documents and materials which
reasonably relate to Contractor’s compliance with the provisions of this Agreement (the
“Records”), for the full Term of this Agreement, and an additional period thereafter of not less
than three (3) years, or any longer period required by law. City shall have the right, upon five (5)
business days advance notice, to inspect the Records. Such Records shall be made available to
City at Contractor’s regular place of business, but in no event outside the County of Orange. Prior
to destruction of records relating to the services provided pursuant to this Agreement, Contractor
shall provide copies or originals of such records to City.
28.2 CERCLA Defense Records
City views the ability to defend against the Comprehensive Environmental Response,
Compensation and Liability Act and related litigation as a matter of great importance. For this
reason, the City regards the ability to prove where Solid Waste Collected in the City was taken for
Disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain
data retention and preservation systems which can establish where Solid Waste Collected in the
City was landfilled (and therefore establish where it was not landfilled) for not less than five (5)
years following the termination of this Agreement, and agrees to notify City ’s City Manager, City
Clerk and City Attorney before destroying such records thereafter. At any time, including after
the expiration of the Term hereof, Contractor shall provide copies of such records to City. The
requirements of this Section shall survive the expiration of the Term of this Agreement.
28.3 Ongoing Compliance Review
City intends to review Contractor’s performance on an ongoing basis to ensure compliance
with the terms and provisions of this Agreement. At a minimum, City intends to have internal
staff or outside consultants review Contractor’s performance to ensure ongoing compliance with
the terms hereof, including, but not limited to, the payment of required fees, performance of the
services stated herein, implementation of programs required under the Agreement, Contractor’s
maintenance and upkeep of records, and compliance with all Applicable Laws. Contractor shall
provide any and all information reasonably requested by City in connection with its efforts to
ensure compliance with the terms hereof, regardless of whether such information is specifically
otherwise called out herein as an item that Contractor is required to maintain and provide to City.
28.4 Audits
28.4.1 Examination of Services
From time to time, anticipated to occur as a result of reports and other submittals required
by this Agreement, City may request Contractor to make available any or all of its records related
to performance hereunder available to an independent auditor or examiner, to be selected by the
City, for auditing and examination purposes (a “Discretionary Audit”). The scope of the
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Discretionary Audit and auditor or examiner will be determined by City and the scope may include,
but is not limited to, compliance with terms of this Agreement, Customer service levels and Billing,
fee payments, Gross Receipts, tonnage, and verification of diversion rates. Except as otherwise
provided herein, City shall bear the cost of any Discretionary Audit. Should any Discretionary
Audit reveal an underpayment of any Franchise Fee required pursuant to this Agreement, the
amount of such underpayment shall become due and payable to City not later than fifteen (15)
days after written notice of such underpayment is sent to Contractor by City, complete with any
additional late charges as set forth herein. If a Discretionary Audit reveals inaccuracies or
inconsistencies in more than five percent (5%) of all Customer accounts, either with Contractor’s
operations or billing systems, or an underpayment of Franchise Fees of more than three percent
(3%), Contractor shall bear the entire cost of such Discretionary Audit.
28.4.2 Route Audit
Contractor shall complete an audit at its expense of its Collection routes for all Customers
at Residential and Commercial Premises at such times as may be requested by City; provided,
however, that while City may request that such an audit occur at any time, it may not request such
audits at Contractor’s expense more than seven (7) times during the Term. The timing of such
audits is at the City’s discretion and may be required to be timed with the issuance of a request for
proposals for a new agreement. The route audit, at minimum, shall consist of an independent
physical observation by Person(s) other than the route driver or route supervisor of each Customer
in the City. The route audit shall include, as a minimum, the following information for each
account:
• Route Number;
• Truck Number;
• Account Name;
• Account Number;
• Account service address;
• Service Level per Billing System (quantity, size, frequency);
• Service Level per Routing System;
• Observed Containers (quantity, type and size);
• Serial number (or other coding if acceptable to the City Manager) identifying each
Cart and its associated service address;
• Bin condition;
• Proper signage; and
• Graffiti.
Within thirty (30) days after the completion of the route audit, Contractor shall submit to
City a report summarizing the results thereof which shall include:
• Identification of the routes;
• Truck numbers;
• Number of accounts, by route and in total;
• Number of Containers (broken down by type) per service address, per route and
total number of Containers;
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• Types of exceptions observed;
• Number of exceptions by type;
• Total monthly Billing, pre-audit;
• Total monthly Billing, post-audit (subsequent to corrections of identified
exceptions);
• Percentage of the number of accounts with errors to the total number of accounts
served; and
• Percentage of the “net” change in monthly Billing as a result of the audit to the total
pre-audit monthly Billing.
The report shall include a description of the procedures followed to complete the audit, and
shall include the names and titles of those supervising the route audits and the name and titles of
those performing the observations. Additionally, the report shall include a description of the pre-
audit training of the route auditors, particularly if temporary personnel are used. The report shall
also include a description of the changes and Contractor’s plans to resolve any exceptions. The
route audit data and results of the audit shall be available for review by the City or its
representative.
SECTION 29. TRANSITION OBLIGATIONS
At the end of the Term, or in the event this Agreement is terminated for cause prior to the
end of the Term, Contractor shall cooperate fully with City and any subsequent solid waste
enterprise it designates to assure a smooth transition of services. Contractor’s cooperation shall
include, but not be limited to, providing route lists, billing information and other operating records
needed to service all premises covered by this Agreement. The failure to cooperate with City
following termination shall be conclusively presumed to be grounds for specific performance of
this covenant and/or other equitable relief necessary to enforce this covenant.
Contractor shall provide any new solid waste enterprise with all keys, security codes and
remote controls used to access garages, gates and bin enclosures. Contractor shall be responsible
for coordinating transfer immediately after its final collection activities, so as to not disrupt
services, including coordinating with the new solid waste enterprise on the removal of Contractor’s
Containers and the delivery of the new solid waste enterprise’s Containers. Contractor shall
provide City with detailed route sheets containing service names and addresses, billing names and
addresses, monthly rate and service levels (number and size of Containers and pickup days) at least
90 days prior to the transition date, provide an updated list two weeks before the transition, and a
final updated list with any changes the day before the transition. Contractor shall provide means
of access to the new solid waste enterprise at least one full business day prior to its first day of
collection, and within sufficient time so as to not impede in any way the new solid waste enterprise
from easily servicing all Containers.
SECTION 30. GENERAL PROVISIONS
30.1 Force Majeure
Contractor shall not be in default under this Agreement in the event that its ability to
provide Solid Waste Handling Services or Temporary Services, in compliance with its obligation
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to do so hereunder, is temporarily interrupted or discontinued for any of the following reasons:
riots, wars, sabotage, civil disturbances, insurrections, strikes or other labor disturbances lasting
five (5) days or less, explosion, natural disasters such as floods, earthquakes, landslides, and fires,
or “other catastrophic events” which are beyond the reasonable control of Contractor. The term
“other catastrophic events” does not include: (i) the financial inability of Contractor to perform;
(ii) failure of Contractor to obtain any necessary permits or licenses from other governmental
agencies; (iii) the failure to obtain the right, or the loss of the right, to use the facilities of any
public utility where such failure is due in substantial part to the acts or omissions of Contractor; or
(iv) strikes or other labor disturbances lasting longer than five (5) days.
30.2 Independent Contractor
Contractor is an independent contractor and not an officer, agent, servant, or employee of
City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees,
and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership
or joint venture between City and Contractor. Neither Contractor nor its officers, employees,
agents, or subcontractors shall obtain any rights to retirement or other benefits which accrue to
City employees.
30.3 Pavement Damage
Contractor shall be responsible for the cost of repair of any extraordinary damage to the
public streets and streets, whether or not paved, located within the City resulting from providing
the services required hereunder.
30.4 Property Damage
Any physical damage caused by the negligent or willful acts or omissions of employees,
agents, or subcontractors of Contractor to private or public property shall be promptly repaired or
replaced at Contractor’s expense.
30.5 Right of Entry
Contractor shall not have the right, until Contractor receives permission from the property
owner, to enter or drive on any private street, court, place, easement, or other private property for
the purpose of providing Temporary Services and/or Solid Waste Handling Services pursuant to
this Agreement.
30.6 Law to Govern; Venue
The laws of the State of California shall govern this Agreement. In the event of litigation
between the parties, venue in state trial courts shall lie exclusively in the County of Orange and
venue in federal trial courts shall lie exclusively in the District of California in which City is
located.
30.7 Amendment
This Agreement is intended to carry out City’s obligations to comply with the provisions
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of AB 939 and SB 1383, as implemented by regulations of CalRecycle, as they from time to time
may be amended. In the event that, after the Effective Date of this Agreement, AB 939 or SB 1383
is amended, or other state or federal laws or regulations are enacted and prevent or preclude
compliance with one or more provisions of this Agreement, such provisions shall be modified or
suspended as may be necessary to comply with such state or federal laws or regulations. Except
as otherwise expressly stated herein, no other amendment of this Agreement shall be valid unless
it is in writing and duly executed by the parties.
30.8 Notices
All notices required or permitted to be given under this franchise shall be in writing and
shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt
requested, and addressed as follows:
To City: City of Los Alamitos
Attn: City Manager
3191 Katella Avenue
Los Alamitos, CA 90720
To Contractor: __________________
Attn: _____________
__________________
__________________
Or to such other address as either party may from time to time designate by notice to the
other given in accordance with this Section. Notice shall be deemed given on the date served if
served personally between the hours of 8:00 a.m. to 5:00 p.m. on any regular business day for
City’s business offices. If mailed, notice shall be deemed given three (3) business days from the
date such notice is deposited in the United States mail in the manner proscribed above.
30.9 Savings Clause
If any non-material provision of this Agreement is for any reason held to be invalid or
unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and
enforceability of any of the remaining provisions of this Agreement.
30.10 Exhibits Incorporated
Exhibit A is attached to and incorporated in this Agreement by reference.
30.11 Joint Drafting
This Agreement shall be interpreted as if it were drafted jointly by the parties to the
Agreement.
30.12 Attorneys’ Fees and Litigation Costs
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In the event either party brings any action or proceeding to enforce or interpret the terms
or provisions of this Agreement, the prevailing party in any such action or proceeding shall be
entitled to recover its reasonable attorneys’ fees and other litigation costs and expenses, including
without limitation expert witness fees, consultant fees and costs. Without limiting its scope in any
way, this provision is expressly intended to, and shall, apply to fees and costs incurred in any
appeal.
30.13 City’s Authorized Agent
Notwithstanding anything contained herein to the contrary, and excepting amendments
hereto and such actions set forth herein specifically calling for City Council action or approval,
the City Manager is designated as the City ’s authorized agent to take any action with regard to
any matter, or enforce any right, set forth herein requiring action by the City.
30.14 Integrated Agreement
This Agreement contains the entire integrated agreement and understanding concerning the
subject matter herein and supersedes and replaces any prior negotiations, promises, proposals, and
agreements between the Parties, whether written or oral. The Parties acknowledges this document
has been executed with the consent and upon the advice of counsel. Each of the Parties
acknowledges that no party or agent or attorney of any other party has made any promise,
representation, or warranty, express or implied, not contained in this Agreement, to induce the
other party to execute this instrument.
30.15 Section Headings
The 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.
30.16 Compliance with Law
In providing the services required under this Agreement, Contractor shall at all times, at its
sole cost, comply with all Applicable Laws, including the laws and regulations of the United States,
the State of California, the provisions of the Municipal Code, and any federal, state, regional or
local administrative and regulatory agencies, now in force and as they may be enacted, issued or
amended.
30.17 No Third Party Beneficiaries
Except as otherwise provided for in this Agreement, nothing in this Agreement, whether
expressed or implied, is intended to confer any rights on any persons other than the parties to the
Agreement and their representatives, successors, and permitted assigns.
[SIGNATURES ON FOLLOWING PAGE]
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Dated: ______________________________
“City”
CITY OF LOS ALAMITOS
By:
Mark A. Chirco, Mayor
ATTEST:
By:
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
By:
Michael S. Daudt, City Attorney
Dated: ______________________________
Dated: ______________________________
“Contractor”
By:
By:
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EXHIBIT A
MAXIMUM RATE SCHEDULE FOR SOLID WASTE HANDLING SERVICES
Commercial Rates
Three Container System
PRICING ITEM New Rate/Month
3-YARD GREY BIN (Trash) 1X PER WEEK 135.00$
3-YARD GREY BIN 2X PER WEEK 247.92$
3-YARD GREY BIN 3X PER WEEK 338.82$
3-YARD GREY BIN 4X PER WEEK 424.15$
3-YARD GREY BIN 5X PER WEEK 509.93$
3-YARD GREY BIN 6X PER WEEK 594.89$
3-YARD BLUE BIN (Recycle) 1X PER WEEK 77.89$
3-YARD BLUE BIN 2X PER WEEK 121.20$
3-YARD BLUE BIN 3X PER WEEK 165.65$
3-YARD BLUE BIN 4X PER WEEK 207.37$
3-YARD BLUE BIN 5X PER WEEK 249.30$
3-YARD BLUE BIN 6X PER WEEK 290.87$
PRICING ITEM New Rate/Month
4-YARD GREY BIN (Trash) 1X PER WEEK 180.00$
4-YARD GREY BIN 2X PER WEEK 330.56$
4-YARD GREY BIN 3X PER WEEK 451.76$
4-YARD GREY BIN 4X PER WEEK 565.53$
4-YARD GREY BIN 5X PER WEEK 679.91$
4-YARD GREY BIN 6X PER WEEK 793.19$
4-YARD BLUE BIN (Recycle) 1X PER WEEK 103.85$
4-YARD BLUE BIN 2X PER WEEK 161.60$
4-YARD BLUE BIN 3X PER WEEK 220.87$
4-YARD BLUE BIN 4X PER WEEK 276.49$
4-YARD BLUE BIN 5X PER WEEK 332.40$
4-YARD BLUE BIN 6X PER WEEK 387.83$
35-GALLON GREEN CART (Organics) 1X PER WEEK 48.16$
CITY OF LOS ALAMITOS
ATTACHMENT "A" - COMMERCIAL RATE SHEET
RATES EFFECTIVE JANUARY 1, 2022
RATES ARE ALL INCLUSIVE
35-GALLON GREEN CART 2X PER WEEK 96.33$
65-GALLON GREEN CART 1X PER WEEK 49.65$
65-GALLON GREEN CART 2X PER WEEK 99.31$
65-GALLON GREEN CART 3X PER WEEK 148.96$
65-GALLON GREEN CART 4X PER WEEK 198.61$
65-GALLON GREEN CART 5X PER WEEK 248.27$
65-GALLON GREEN CART 6X PER WEEK 297.92$
2-YARD GREEN BIN (Organics) 1X PER WEEK 49.65$
2-YARD GREEN BIN 2X PER WEEK 99.31$
2-YARD GREEN BIN 3X PER WEEK 148.96$
2-YARD GREEN BIN 4X PER WEEK 198.61$
2-YARD GREEN BIN 5X PER WEEK 248.27$
2-YARD GREEN BIN 6X PER WEEK 297.92$
Two Container System
PRICING ITEM New Rate/Month
3-YARD GREY BIN (Trash & Recycle Mix) 1X PER WEEK 162.00$
3-YARD GREY BIN 2X PER WEEK 297.50$
3-YARD GREY BIN 3X PER WEEK 406.58$
3-YARD GREY BIN 4X PER WEEK 508.98$
3-YARD GREY BIN 5X PER WEEK 611.92$
3-YARD GREY BIN 6X PER WEEK 713.87$
35-GALLON GREEN CART (Organics) 1X PER WEEK 48.16$
35-GALLON GREEN CART 2X PER WEEK 96.33$
65-GALLON GREEN CART 1X PER WEEK 49.65$
65-GALLON GREEN CART 2X PER WEEK 99.31$
65-GALLON GREEN CART 3X PER WEEK 148.96$
65-GALLON GREEN CART 4X PER WEEK 198.61$
65-GALLON GREEN CART 5X PER WEEK 248.27$
65-GALLON GREEN CART 6X PER WEEK 297.92$
2-YARD GREEN BIN (Organics) 1X PER WEEK 226.94$
2-YARD GREEN BIN 2X PER WEEK 453.88$
2-YARD GREEN BIN 3X PER WEEK 680.82$
2-YARD GREEN BIN 4X PER WEEK 907.75$
2-YARD GREEN BIN 5X PER WEEK 1,134.69$
2-YARD GREEN BIN 6X PER WEEK 1,361.63$
Commercial Rates - Other Services & Items
PRICING ITEM New Rate/Month
3-YARD GREEN WASTE ONLY BIN 1X PER WEEK 159.31$
3-YARD GREEN WASTE ONLY BIN 2X PER WEEK 247.92$
3-YARD GREEN WASTE ONLY BIN 3X PER WEEK 338.82$
3-YARD GREEN WASTE ONLY BIN 4X PER WEEK 424.15$
3-YARD GREEN WASTE ONLY BIN 5X PER WEEK 509.93$
3-YARD GREEN WASTE ONLY BIN 6X PER WEEK 594.89$
Additional Commercial Charge Item*
Additional Commercial Charge Item*
Commercial rates are applicable to all business and multi-family properties of 5 units
or more, and smaller multi-family properties that subscribe to bin service.
Industrial Rates
Recurring Services
PRICING ITEM New Rate/Month
SMALL COMPACTOR (Trash - 20 cubic-yards or less) PER PICK-UP 537.50$
MAXIMUM WEIGHT IN TONS 5
PER-TON CHARGE FOR OVERAGE 55
LARGE COMPACTOR (Trash - 21 cubic-yards or more) PER PICK-UP 647.50$
MAXIMUM WEIGHT IN TONS 7
PER-TON CHARGE FOR OVERAGE 55
GREY ROLL-OFF CONTAINER (20 to 40 cubic yards) PER PICK-UP 537.50$
MAXIMUM WEIGHT IN TONS 5
PER-TON CHARGE FOR OVERAGE 55
BLUE ROLL-OFF CONTAINER (20 to 40 cubic yards) PER PICK-UP 387.50$
GREEN ROLL-OFF CONTAINER (20 to 40 cubic yards) PER PICK-UP 587.50$
GREEN WASTE ONLY ROLL-OFF CONTAINER PER PICK-UP 587.50$
Temporary Services
PRICING ITEM New Rate/Month
GREY ROLL-OFF CONTAINER (20 to 40 cubic yards) PER PICK-UP *
Includes trash with C&D Debris 587.50$
MAXIMUM WEIGHT IN TONS 5
PER-TON CHARGE FOR OVERAGE 65
BLUE HIGH-SIDE ROLL-OFF CONTAINER (to 40 cubic yards) PER PICK-
UP * Clean mixed debris only.587.50$
MAXIMUM WEIGHT IN TONS 5
PER-TON CHARGE FOR OVERAGE 65
BLUE LOW-BOY ROLL-OFF CONTAINER (10 cubic yards) PER PICK-UP
* Clean mixed debris only 782.50$
MAXIMUM WEIGHT IN TONS 8
PER-TON CHARGE FOR OVERAGE 65
BLUE HIGH-SIDE ROLL-OFF CONTAINER (to 40 cubic yards) PER PICK-
UP * One material type only.587.50$
MAXIMUM WEIGHT IN TONS 5
PER-TON CHARGE FOR OVERAGE 65
BLUE LOW-BOY ROLL-OFF CONTAINER (10 cubic yards) PER PICK-UP
* One material type only 782.50$
MAXIMUM WEIGHT IN TONS 8
CITY OF LOS ALAMITOS
ATTACHMENT "A" - INDUSTRIAL RATE SHEET
RATES EFFECTIVE JANUARY 1, 2022
Specify tons included in base rate and per-ton charges as applicable
PER-TON CHARGE FOR OVERAGE 65
GREEN WASTE ONLY ROLL-OFF CONTAINER PER PICK-UP 587.50$
3-YARD GREY BIN (Trash & Recycle Mix) 1X PER WEEK 162.00$
3-YARD GREY BIN 2X PER WEEK 297.50$
3-YARD GREY BIN 3X PER WEEK 406.58$
3-YARD GREY BIN 4X PER WEEK 508.98$
3-YARD GREY BIN 5X PER WEEK 611.92$
3-YARD GREY BIN 6X PER WEEK 713.87$
3-YARD BLUE BIN (Mixed Debris or Single Material) 1X PER WEEK 77.89$
3-YARD BLUE BIN (Mixed Debris or Single Material) 2X PER WEEK 121.20$
3-YARD BLUE BIN (Mixed Debris or Single Material) 3X PER WEEK 165.65$
3-YARD BLUE BIN (Mixed Debris or Single Material) 4X PER WEEK 207.37$
3-YARD BLUE BIN (Mixed Debris or Single Material) 4X PER WEEK 249.30$
3-YARD BLUE BIN (Mixed Debris or Single Material) 6X PER WEEK 290.87$
Industrial Rates - Other Services & Items
PRICING ITEM New Rate/Month
Additional Industrial Charge Item (No MSW in Blue Bin Program Above)
Additional Industrial Charge Item*
Industrial rates are applicable too all recurring commercial compactor/ roll-off service and all non-
residential temporary service.
Residential Rates
PRICING ITEM Proposed Monthly Rate
Curbside Grey-Blue-Green - 35 gallon cart (Senior)12.18$
Curbside Grey-Blue-Green - 65 gallon cart (Senior)12.56$
Curbside Grey-Blue-Green - 65 gallon cart 12.95$
Curbside Grey-Blue-Green - 95 gallon cart 12.95$
Curbside Grey-Blue-Green - 65/95 gallon cart with Quarterly HHW Serv 13.90$
Curbside Two-Cart Grey-Green - 65 gallon cart 16.45$
Curbside Two-Cart Grey-Green - 95 gallon cart 16.95$
Extra Grey Cart (Trash) - 65 or 95 gallon 7.00$
Extra Blue Cart (Recycling) - 65 or 95 gallon 5.50$
Extra Green Cart (Organics) - 65 or 95 gallon 7.00$
# of Free Bulky Item Collections Per Year 4
# of Bulky Items Allowed for Each Free Collection 4
Bulky Items - Additional Collections 45.00$
# of Bulky Items Allowed for Each Such Collection 4
HHW Collections - # Per-Year (Please list of limitations separately)4
HHW Collection Charge Per Unit Receiving Service 0.95$
Cart Contamination Charge (after 1 warning tickets)N/C
Cart Contamination Charge (after 2 warning tickets)$15.00
Cart Contamination Charge (after 3 warning tickets)$30.00
Residential Clean-Up Bin (3 cubic-yards)95.00$
Clean-Up Bin Per-Exchange 95.00$
Residential Clean-Up Box (20 to 40 cubic-yards)$550.00
Res Clean-Up Box (20 to 40 cubic-yards) Over 5 tons @ $65/ton
Additional Residential Charge Item*
Residential rates are applicable to all single and multi-family properties of 4 units
or less that subscribe to cart service..
CITY OF LOS ALAMITOS
ATTACHMENT "A" - RESIDENTIAL RATE SHEET
RATES EFFECTIVE JANUARY 1, 2022
RATES ARE ALL INCLUSIVE (SUBSTITUTE SIZE IF APPLICABLE)
Proposal for Integrated Waste Management Services City of Los Alamitos
1
Proposal for Integrated Waste
Management Services
Presented to
The City of Los Alamitos
Windmera Quintanar
City Clerk
City of Los Alamitos
3191 Katella Ave, Los Alamitos CA 90720
Submitted By
Universal Waste Systems, Inc.
“Large Enough to Serve, Small Enough to Care”
July 15, 2021
Proposal for Integrated Waste Management Services City of Los Alamitos
2
SECTION 2 - TRANSMITTAL LETTER
July 15, 2021
Ms. Windmera Qunitanar, MMC
City Clerk
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 907020
Re: PROPOSAL FOR INTEGRATED WASTE MANAGEMENT SERVICES
Dear Ms. Quintanar:
Universal Waste Systems, Inc. (UWS) is pleased to submit the following proposal in response to the City
of Los Alamitos’ request for proposals for Integrated Waste Management Services.
UWS is a family-owned privately held company established in 1986 providing waste management services
to communities throughout Southern California. We have broad and extensive experience serving
residential, commercial and industrial customers in Southern California, Arizona, and New Mexico. In
addition to successfully operating in exclusive franchise areas where excellent service has earned
renewals and extensions, we have also been successful in the highly competitive non-exclusive
environment where customers are free to change service providers based upon service quality and price.
UWS would be a perfect fit for the City of Los Alamitos as we are located just minutes from the City limits
and own and operate all of our processing, transfer and material recovery facilities needed to meet the
requirements of the RFP. In additional to the information provided in the RFP, we have provided a section
titled “Key Highlights of the Proposal” which will provide a quick summary of the key points as well as
some of the enhancements offered by UWS.
Our contact person for this Proposal is:
Name: Matt Blackburn
Executive Vice President
Mailing address: P.O. Box 3038
Whittier, California 90605
E-mail address matt@uwscompany.com
Telephone:
562-695-8236 (office)
909-859-5731 (cell)
Fax number: 562-941-4915
Proposal for Integrated Waste Management Services City of Los Alamitos
3
We look forward to the RFP process and the opportunity to meet and discuss the many capabilities of
Universal Waste Systems and its qualified team of professionals. Please feel free to contact us with any
questions or comments.
Respectfully submitted,
Mark Blackburn
President
Proposal for Integrated Waste Management Services City of Los Alamitos
4
TABLE OF CONTENTS
SECTION 1 – SEALED ENVELOPE WITH PRICING STRUCTURE
SECTION 2 – TRANSMITTAL LETTER 1-2
TABLE OF CONTENTS 3
KEY HIGHLIGHTS OF THE PROPOSAL 4-6
SECTION 3 – INTRODUCTION 7
SECTION 4 – RELATED EXPERIENCE BY AREA 8-16
SECTION 5 – PROJECT TEAM AND RESUMES 17-23
SECTION 6 – OTHER RESOURCES INCLUDING EQUIPMENT 24-40
SECTION 7 – SAFETY RECORD 41-48
SECTION 8 – OWNERSHIP AND FINANCIAL RECORDS 49
SECTION 9 – INSURANCE 50
SECTION 10 – REFERENECES 51-54
SECTION 11 – DISPOSAL AND PROCESSING FACILITY CAPACITY 55-62
SECCTION 12 – ENVIRONMENTAL RECORD 63
SECTION 13 – CUSTOMER SERVICE 64-67
SECTION 14 – RATES AND COSTS 68
SECTION 15 – OPERATION 69-70
SECTION 16 – EXCEPTIONS 71
SECTION 17 – SB1383 COMPLIANCE 72-87
SECTION 18 - PROPOSAL ENHANCEMENTS 88
Proposal for Integrated Waste Management Services City of Los Alamitos
5
KEY HIGHLIGHTS OF THE PROPOSAL
Ownership and Management
Universal Waste Systems, Inc. (UWS) is a privately held locally owned and operated business by the
Blackburn Family. The company was established in 1986 and has family members at all levels of
management within the company to ensure that it meets and/or exceeds all of its contract obligations.
The City of Los Alamitos will have direct access to the owners of the company which will provide for a
better long-term relationship and guarantee that the contract is successful and compliant. We live by our
company slogan “Large enough to serve; small enough to care”.
Past Experience
Following a competitive procurement, the City of Los Angeles awarded UWS an exclusive franchise
agreement for the North East Commercial Franchise Zone to service commercial, multi-family, and
industrial customers. This franchise was awarded and covered all services including waste, recyclable and
organic collection, processing of all waste streams, facility development and construction along with a
robust public education component as well as legislative compliance. During the implementation we
transitioned 9,000 new accounts from 20 different service providers to a new UWS customer.
Key Personnel
UWS’ President and CEO, Mark Blackburn started the company in 1986 with one truck and a few hundred
bins. Since 1986, UWS has grown into one of the premier environmental waste and recycling companies
in California and the nation. UWS employs over 500 employee’s runs 350 trucks in 3 states with multiple
operations and processing centers in the greater Southern California market available to the City of Los
Alamitos. Under Mr. Blackburn’s leadership he has created an environment where all employees are
unified in their commitment to our mission, vision, and values. The company’s success is a result of
empowering our employees to make good decision, implement them with the ultimate goal of the
opportunity for upward mobility.
Facility Description and Utilization
UWS’ owned and operated facilities will ensure that the City of Los Alamitos has control over where their
waste and recyclable materials are shipped for processing. The facilities owned and operated by UWS, are
in close proximity to the City limits and will ensure that UWS can meet and or exceed all of the legislative
requirements facing the City. There is a detailed list and description of the facilities in Section 3. Below is
a quick rundown on the proposed facilities.
Material Recovery and Transfer Facility – Santa Fe Springs
Mixed Waste Processing Facility – Santa Fe Springs and Pico Rivera
Green Waste and Organic Composting Facility – South Gate
Organic Food and Food Scrap Processing – Vernon
Truck Terminals – Costa Mesa, Santa Fe Springs and South Gate
Implementation and Compliance Plan
This Service Implementation Plan will ensure an efficient and orderly transition of integrated solid waste
management services for the residents and businesses in the City of Los Alamitos by January 1, 2022. As
noted previously in the proposal, UWS has extensive experience with service transition most recently in
the City of Los Angeles and Maywood. UWS will assign a City Liaison which will be Matt Blackburn (family
Proposal for Integrated Waste Management Services City of Los Alamitos
6
member and owner) and he will be the primary contact for implementation and will personally oversee
the transition. Matt coordinated the transition in the City of Los Angeles and Maywood.
Customer Service
UWS’ roots are in the highly competitive nonexclusive franchise environment where customers are free
to change providers if service quality is not maintained. Quality customer service always has been and
continues to be of utmost importance to the Blackburn Family. Here the power of the personal guarantee,
a UWS Core Value, is exemplified by the hands-on involvement of the key management team members
to ensure that every single Customer complaint or simple inquiry is resolved to the complete satisfaction
of the Customer.
Training
In the weeks leading up to starting service, we will conduct mandatory off-hour training sessions to
familiarize transitioning employees with our procedures and technologies. Transitioning employees will
be compensated for attending training sessions. This early activity with the personnel assigned to the City
of Los Alamitos will again provide for a seamless transition with minimal disruption to the services.
Outreach and Education Plan
RecycleLA, the City of Los Angeles’ Zero Waste program, was designed before SB 1383 was adopted and
yet the program anticipated what would become the State recycling and organic waste recycling mandate.
As a Contractor for RecyLA servicing the North East zone, we have been able to perfect our diversion
implementation plan, recruit and train our team, and hone our customer education and outreach skills.
Our Zero Waste team has extensive experience in assessing our customer needs, personalizing programs
and getting results. This implementation plan is a product of that experience. Our Zero Waste Team is
made up of fourteen Zero Waste Account Representatives with public relations skills and special training
and expertise to personally assist Customers with tailoring solid waste services that maximize the recovery
of recyclable material and organics.
Safety and Injury Prevention
UWS has an extensive safety and injury prevention program that all employees are required to participate
in as well as receive individual training that fits their job duties. UWS has been able to substantially reduce
the number of work place accidents through our rigorous training protocol and follow up training. Because
safety is a core value of the company, we dedicated a complete section to this area which provides an in
depth look into the safety culture we have developed and continue to enforce at UWS. Please take time
to review Section 9 for more details on our approach and success.
Proposed Equipment
UWS proposes to utilize all brand new equipment in the City of Los Alamitos. UWS has an inventory of
brand new 2021 Renewable Natural Gas (RNG) collection vehicles in stock ready for deployment after
award of the contract. UWS will also outfit each resident with brand new SB1383 compliant automated
carts (grey, blue and green) at service commencement. The commercial and multi-family customers
serviced by front loader bins will also receive brand new containers prior to the start of service.
Proposal for Integrated Waste Management Services City of Los Alamitos
7
Minimum Recycling and Diversion Requirements
This is the Section of the proposal that will set UWS apart from all of the other competitors. UWS will
guarantee the City of Los Alamitos a Seventy-Five (75%) percent diversion form landfill starting on day
one. We are so confident in our proposed diversion programs included in our response, we will guarantee
this to the City thus allowing the City of Los Alamitos to be the first City in Orange County of meet a 75%
diversion threshold and be complaint with SB1383. More details on this included in Section 12.
Employment of Prior Contractor Employees
We recognize that the employees of the current contractor possess unique knowledge of the City and the
customers therefore we believe they would be beneficial to join our team. We plan to offer employment
opportunities for available positions to existing employees of the current contractor that would otherwise
be displaced. Our owners, management and employees treat each other equally and fairly and will not
engage in discrimination against anyone because of their actual or perceived race, color, religion,
ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex,
gender, gender identity, gender expression, or sexual orientation or as a member of any other protected
class.
Procurement of Recovered Organic Waste Products
Short-Lived Climate Pollutants regulations requires a jurisdiction to procure organic waste products
directly, or through a service provider (Contractor), at or above the target established by CalRecycle. UWS
will assist the City with meeting these requirements by procuring products that meet the criteria
established in SB1383. One of the areas that will be beneficial to the City in meeting these goals will be
UWS’ commitment to use Renewable Natural Gas (RNG) in the City of Los Alamitos’ collection vehicles.
UWS currently uses RNG in all of its collection vehicles that operate in the Southern California market.
Proposal for Integrated Waste Management Services City of Los Alamitos
8
SECTION 3 – INTRODUCTION
UWS is a family-owned privately held company established in 1986 providing waste management services
to communities throughout Southern California. We have broad and extensive experience serving
residential, commercial and industrial customers in Southern California, Arizona, and New Mexico. In
addition to successfully operating in exclusive franchise areas where excellent service has earned
renewals and extensions, we have also been successful in the highly competitive non-exclusive
environment where customers are free to change service providers based upon service quality and price.
UWS would be a perfect fit for the City of Los Alamitos as we are located just minutes from the City limits
and own and operate all of our processing, transfer and material recovery facilities needed to meet the
requirements of the RFP. In additional to the information provided in the RFP, we have provided a section
titled “Key Highlights of the Proposal” which will provide a quick summary of the key points as well as
some of the enhancements offered by UWS.
UWS current operates in the County of Orange and has spent considerable time in the City of Los Alamitos
familiarizing ourselves with the City and its unique characteristics. We have performed route audits and
observed the collection of the residential sector during the current collectors work day.
UWS is confident that we are prepared and willing to provide the City with exceptional service at a
reasonable rate. We look forward to the opportunity.
Proposal for Integrated Waste Management Services City of Los Alamitos
9
SECTION 4 – RELATED EXPERIENCE BY AREA
Business Structure
Proposing Entity
Universal Waste Systems, Inc. (“UWS”) is a C-corporation organized in the State of California.
Financial Statements
As the proposing entity, UWS will provide the necessary financial statements as required by the City.
Years in Operation
UWS was formed as a California corporation in 1986 and is in good standing with the California Secretary
of State.
Officers
The officers of UWS are:
UWS Officers
Name Office
Mark Blackburn Chief Executive Officer &
Chief Financial Officer
Anne Blackburn Secretary
Matt Blackburn Executive Vice President
Corporate Headquarters
Corporate headquarters: 9010-9016 Norwalk Boulevard, Santa Fe Springs, CA 90670.
Mailing Address: P.O. Box 3038, Whittier, CA 90605-308.
Continued on next page
Proposal for Integrated Waste Management Services City of Los Alamitos
10
Description of Proposers Experience
UWS’ has broad and extensive experience serving residential, commercial and industrial customers in
Southern California, Arizona, and New Mexico. In addition to successfully operating in exclusive franchise
areas where excellent service has earned renewals and extensions, we have also been successful in the
highly competitive non-exclusive environment where customers are free to change service providers
based upon service quality and price.
Although UWS is not the largest company that will propose on the City of Los Alamitos, we are the one
company that possess all the capabilities necessary to serve the City and meet and/or exceed the
requirements listed in the RFP. UWS has developed into a company that prides itself on a creating
partnerships with our communities in order to ensure a high level of service at reasonable rates. We will
be committed to the residents and businesses of the City of Los Alamitos by offering first class services.
Experience in Los Angeles County
Table 1
Current Exclusive Franchise Agreements by Jurisdiction & Years of Service
Jurisdiction Service
Period
Customer
Types
Service
Performed
Residential
Collection
Method
Contact Information
City of Los Angeles
North East Area
February
2017
to
Present
Commercial,
Multi-
Family,
Industrial
-Refuse-
-Recycling-
-Organic
Waste-
-C&D-
Multi-Family
(carts &
bins)
Mr. Daniel Meyers
Division Manager
LA Dept. of Sanitation
1149 S. Broadway St.
5th Floor
Los Angeles, CA 90015
213-446-2199
County of Los Angeles
For all LA County franchise areas:
Mr. Steve Milewski
Senior Civil Engineer
County of Los Angeles
Department of Public Works
900 S. Fremont Ave.
Alhambra, CA 91803
626-458-3573
West Whittier Area
April 2007
to
Present
Residential
Refuse,
Recycling,
Green
waste,
C&D
Bulky Items,
E-Waste,
Shredding
Automated
Proposal for Integrated Waste Management Services City of Los Alamitos
11
Table 2, continued
Current Exclusive Franchise Agreements, continued
Jurisdiction Service
Period
Customer
Types
Service
Performed
Residential
Collection
Method
Contact Information
County of Los Angeles, continued See previous page for County of
Los Angeles contact info.
Pioneer / Carson Park
Area
Sept.
2011
to
Present
Residential
Refuse,
Recycling,
Green
waste,
C&D
Bulky Items,
E-Waste,
Shredding
Automated
Mesa Heights Garbage
Disposal District
July 2013
to
Present
Residential,
Commercial,
Multi-
Family
Refuse,
Recycling,
Green
waste,
C&D
Bulky Items,
E-Waste,
Shredding
Automated
South San Gabriel Area
July 2014
to
Present
Residential
Refuse,
Recycling,
Green
waste,
C&D
Bulky Items,
E-Waste,
Shredding
Automated
Citrus, Charter Oak,
Ramona Area
Nov. 2014
to
Present
Residential
Refuse,
Recycling,
Green
waste,
C&D
Bulky Items,
E-Waste,
Shredding
Automated
Proposal for Integrated Waste Management Services City of Los Alamitos
12
Table 2
Current Non-Exclusive Franchise Agreements by Jurisdiction & Years of Service
Jurisdiction Service
Period
Customer
Types
Service
Performed
Residential
Collection
Method
Contact Information
County of Los Angeles
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Willa Zheng
Administrative Assistant
County of Los Angeles
Department of Public Works
900 S. Fremont Ave.
Alhambra, CA 91803
626-458-3530
City of Malibu
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Rebecca Nelson-Brown
Administrative Assistant
Environmental Programs
City of Malibu
23825 Stuart Ranch Rd.
Malibu, CA 90265
310-456-2489, Ext. 286
City of Agoura Hills
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Mr. Louis A. Celya
Deputy City Manager
City of Agoura Hills
3001 Ladyface Ct.
Agoura Hills, CA 91301
818-597-7314
City of Glendale
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Mr. Dennis Hargrove
Assistant Director of Public Works
City of Glendale
548 W. Chevy Chase Dr.
Glendale, CA 91204
818-548-3916
City of Burbank
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Amy Hammes
Recycling Specialist
City of Burbank
500 S Flower St.
Burbank, CA 91502
818-238-3903
City of Vernon
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Mr. Frederick Agyin
Director
Health & Environmental Control
Department
City of Vernon
4305 S. Santa Fe Ave.
Vernon, CA 90058
323-583-8811
City of Bell Gardens
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Veronica Sanchez
Administrative Specialist
City of Bell Gardens
8237 Garfield Ave.
Bell Gardens, CA 90201
562-806-7770
Table 2 continued on next page
Proposal for Integrated Waste Management Services City of Los Alamitos
13
Table 2, continued
Current Non-Exclusive Franchise Agreements by Jurisdiction & Years of Service
Jurisdiction Service
Period
Customer
Types
Service
Performed
Residential
Collection
Method
Contact Information
City of Commerce
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Linda Wright
Administrative Assistant
City of Commerce
2535 Commerce Way
Commerce, CA 90040
323-722-4805, Ext. 2331
City of Long Beach
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Sarah Adams
Recycling Specialist
City of Long Beach
2929 Willow Ave.
Long Beach, CA 90807
562-570-2852
City of Montebello
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Public Works Department
1600 W. Beverly Blvd.
Montebello, CA 90604
323-887-4555
City of Pasadena
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Mr. Carmen Rubio
Department of Public Works
City of Pasadena
233 W. Mountain St., #235
Pasadena, CA 91109
626-744-7162
crubio@cityofpasadena.net
City of Torrance
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Wendy Wu
3031 Torrance Blvd.
Torrance, CA 90503
310-781-7679
City of Maywood March
2020
to
Present
Commercial,
Multi-
Family,
Residential
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a Ms. Jennifer Vasquez
4319 E. Slauson Ave.
Maywood, CA 90270
323-562-5712
Continued on next page
Proposal for Integrated Waste Management Services City of Los Alamitos
14
Experience in Orange County
Our Orange County Division is based at 2051 Placentia Ave., Costa Mesa.
Table 3
Current Non-Exclusive Franchise Agreements by Jurisdiction & Years of Service
Jurisdiction Service
Period
Customer
Types
Service
Performed
Residential
Collection
Method
Contact Information
City of Costa Mesa
Oct. 2010
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Mr. Mike Balliet
City Consultant
City of Costa Mesa
City of Newport Beach
Oct. 2010
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Mr. Micah Martin
Deputy Public Works Director
City of Newport Beach
592 Superior Ave., Bldg. A
Newport Beach, CA 92663
949-718-3466
City of Irvine
Oct. 2010
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Public Works Department
1 Civic Center Plaza
Irvine, CA 92606
949-724-6357
Proposal for Integrated Waste Management Services City of Los Alamitos
15
Transition Experience
City of Los Angeles Commercial Franchise Zone
Following a competitive procurement, the City of Los Angeles awarded UWS an exclusive franchise
agreement for the North East Commercial Franchise Zone to service commercial, multi-family, and
industrial customers. This franchise was awarded and covered all services including waste, recyclable and
organic collection, processing of all waste streams, facility development and construction along with a
robust public education component as well as legislative compliance.
During the 6-month period of July 2017 to January 2018, we transitioned 9,000 new accounts from 20
different service providers to a new UWS account.
The transition included: (i) creating individual customer records; (ii) conducting site inspections to
establish GIS parameters; (iii) delivering over 15,000 containers; (iv) completing on-site waste
assessments; and (v) initiating service.
During the transition period, we established 35 new commercial collection routes, 5 new roll-off routes,
and 8 new scout routes. While we were busy establishing these 9,000 new accounts, we were also
divesting 8,000 of our commercial and multi-family customers in the 10 other City franchise zones to the
6 new service providers in those zones.
The Los Angeles transition presented us with some unique challenges: subscription information was
frequently incomplete or inaccurate; new subscribers resisted the change because the franchising system
represented a material change in service; and, the City’s plan for expanded ‘Zero Waste’ programs
brought with it some significant cost increases to the customer. In the face of these challenges, we were
able to deliver 99% service reliability to our new customers during the transition.
Table 4
City of Los Angeles Transition Experience
Jurisdiction Transition
Period
Customer
Types
Service
Performed
Container
Types Contact Information
City of Los Angeles
North East Franchise Zone
July 2017
to
Jan. 2018
Commercial,
Multi-
Family,
Industrial
-Refuse-
-Recycling-
-Organic
Waste-
-C&D-
Carts, bins,
stationary
compactors
& debris
boxes
Mr. Daniel Meyers
Division Manager
LA Dept. of Sanitation
1149 S. Broadway St.
5th Floor
Los Angeles, CA 90015
213-446-2199
Proposal for Integrated Waste Management Services City of Los Alamitos
16
City of Maywood
UWS transitioned the City of Maywood in March of 2020 during the pandemic and in order to replace a
non-performing contractor. The City of Maywood had contracted with a company that was not able to
meet the performance requirements in the City’s franchise agreement and had left the City without any
notice.
The City was approached by a large private hauler which moved into the City in late December of 2019 to
assist the City in making sure the trash was collected. Within a few months, the company made demands
of the City for a long-term evergreen contract with large rate increases. After a few months of
negotiations, the company provided the City notice that it would be leaving at the end of February 2020
if the City would not agree to the terms of a new contract. This noticed provided the City about a week’s
notice to find another company to step in and perform the services.
UWS was contact by the City’s consultant that they had been working with to see if there was interest in
the City of Maywood. UWS met with the City and the consultant and within a few hours had a plan to
begin service the week following the departure of the exiting company. The City did not have any
interruption of service and the City and UWS successfully negotiated a new agreement that is in place
today. As well, UWS agreed to provide the services at the previous company’s rates for the balance of
2020 with a new rate structure being implemented over the next three (3) years. This transition was quick,
demanding and very successful.
Table 5
City of Maywood Transition Experience
Jurisdiction Transition
Period
Customer
Types
Service
Performed
Container
Types Contact Information
City of Maywood March
2020
Residential,
Commercial,
Multi-
Family,
Industrial
-Refuse-
-Recycling-
-Organic
Waste-
-C&D-
Carts, bins,
stationary
compactors
& debris
boxes
Ms. Jennifer Vasquez
City Manager
4319 E. Slauson Ave.
Maywood, CA 90270
(323) 562-5712
County of Los Angeles Mesa Heights Garbage Disposal District
In addition to transitioning commercial, multi-family, and industrial customers in the City of Los Angeles
and Maywood, we have also transitioned service for residential customers in combination with other
services for the County of Los Angeles Mesa Heights Garbage Disposal District.
In the Mesa Heights District, we transitioned 8,000 single family homes, and 100 commercial and multi-
family properties during the 60-day period May to July 2013. The transition required coordination with
the outgoing service provider Republic Services and included delivering approximately 25,000 containers
and establishing 5 new residential routes, 1 new bulky waste/illegal dumping abatement route, and 1 new
commercial route.
The scope of services in the Mesa Heights District included a 3-barrell residential program, public curbside
receptacles collection, bulky item collection, mulch/compost give away, e-waste collection, and a SHARPS
recycling program.
Proposal for Integrated Waste Management Services City of Los Alamitos
17
Table 6
County of Los Angeles Mesa Heights District Transition Experience
Jurisdiction Transition
Period
Customer
Types
Service
Performed
Container
Types Contact Information
County of Los Angeles
Mesa Heights Garbage
Disposal District
May 2013
to
July 2013
Residential,
Commercial,
Multi-
Family,
Industrial
-Refuse-
-Recycling-
-Organic
Waste-
-C&D-
Carts, bins,
stationary
compactors
& debris
boxes
Mr. Steve Milewski
Senior Civil Engineer
County of Los Angeles
Department of Public Works
900 S. Fremont Ave.
Alhambra, CA 91803
626-458-3573
###
Proposal for Integrated Waste Management Services City of Los Alamitos
18
SECTION 5 – PROJECT TEAM AND RESUMES
UWS’ President and CEO, Mark Blackburn started the company in 1986 with one truck and a few hundred
bins. Since 1986, UWS has grown into one of the premier environmental waste and recycling companies
in California and the nation. UWS employs over 500 employee’s runs 350 trucks in 3 states with multiple
operations and processing centers in the greater Southern California market available to the City of Los
Alamitos. Under Mr. Blackburn’s leadership he has created an environment where all employees are
unified in their commitment to our mission, vision, and values. The company’s success is a result of
empowering our employees to make good decision, implement them with the ultimate goal of the
opportunity for upward mobility.
Mission
Universal Waste Systems exists to provide quality waste and recycling services which result in a clean and
healthy environment for communities we serve by applying innovative solutions to the challenges of today
and tomorrow.
Vision
To be the flagship company for comprehensive waste management in Southern California by being the
best and healthiest place to work and innovate to deliver cutting-edge environmental solutions to achieve
“zero waste.”
Core Values
Integrity
We operate with honesty and integrity in all dealings with customers, jurisdictional representatives and
each other. We do what we say, and we say what we do.
Sustainable Practices
We are committed to planning effective waste diversion strategies and ensuring that our plans are carried
out as promised. We operate our business as good stewards in a more sustainable way.
Unity of Purpose
We frequently and consistently communicate our mission and performance standards to all of our
employees so as to operate with a unity of purpose at all times.
The Power of a Personal Guarantee
Our owner, family members, and management staff give their personal guarantee that every single
customer issue or inquiry will be handled to the ultimate satisfaction of the customer and the City.
Company Slogan
“Large enough to serve; small enough to care.”
Organization
Figure below illustrates the span of control of our leadership team.
Proposal for Integrated Waste Management Services City of Los Alamitos
19
Figure UWS Leadership Team.
Key personnel are grouped into teams (Executive, Operations, Customer Care, and Support Services) and
are introduced on the pages that follow.
MARK BLACKBURN
President
|
MATT BLACKBURN
Executive Vice President
County Liaison
JASON PENNINGTON
Maintenance Director
(Fleet maintenance)
JONATHAN JAIME
Operations Manager
CRIS DIAZ
Operations Supervisor
(Residential & Commercial)
Richard Hernandez
Route Supervisor
ADOLFO QUINTERO
Dispatcher Supervisor
(Roll-Off)
MELISSA HEITZ
HR & Safety Director
(HR, Payroll, Safety)
MICHELLE NEWSHAM
Reporting Manager
(Admin., Billing)
KIMBERLY SANDVIG
Customer Service Manager
(Customer Support)
<NAME>
Customer Service
Representative for Transition
SHELLEY BILLIK
Zero Waste Manager
(Diversion Services Team)
Proposal for Integrated Waste Management Services City of Los Alamitos
20
Executive Team
Mark Blackburn
President and CEO
46 years solid waste industry experience
Mark Blackburn is the company’s founder, majority owner, and chief executive
officer.
Mark sets the strategic direction for the company. He has piloted the company to
new horizons including franchised collection operations, solid waste transfer,
material recovery, organics processing, conversion technologies, and new
geographic areas (New Mexico and Arizona).
Mark is an innovator who investigates and experiments with new approaches and
technologies.
Experience
Mark entered the solid waste industry in 1974 working for his father (Harry
Blackburn) at Signal Hill Disposal.
After a 12-year ‘apprenticeship’ in the industry and in entrepreneurship, Mark and
wife Anne struck out on their own and founded Universal Waste Systems, Inc. in
1986.
From one truck and one account, the company now employs 500 employees and
operates 350 collection vehicles from 9 locations with over $100 million in annual
revenue.
Contact me:
562-941-4900
mark@
uwscompany.com
Matt Blackburn
Executive Vice President
20 years solid waste industry experience
Matt Blackburn is the Executive Vice President and Chief Operating Officer. Matt is
responsible for managing day-to-day operations for waste collection and facilities.
He also oversees all support services.
Matt is the primary contact for each of the jurisdictions that we serve. He has led
jurisdiction transitions for UWS including the City of Los Angeles and Maywood
franchise.
Matt will lead our team from transition, planning, through start-up.
Experience
Matt joined the company working in the dispatch office. Prior to assuming the role
of executive vice president in 2015, he had worked in every facet of the business.
Contact me:
562-941-4900
matt@
uwscompany.com
Proposal for Integrated Waste Management Services City of Los Alamitos
21
Operations Team
Mitchell Blackburn
Vice President of Collection Operations
15 years solid waste industry experience
Michael Blackburn
Vice President of Post Collection Facilities
12 years solid waste industry experience
Jenese Blackburn
Operations Manager – Temporary Services
10 years solid waste industry experience
Ryan Blackburn
General Manager – Liquid Waste Division
14 years solid waste industry experience
Jonathan Jaime
Operations Manager
11 years solid waste industry experience
Jonathan Jaime oversees Southern California collection operations from his offices
in Los Angeles and Southgate.
Experience
Jonathan has 11 years’ experience in solid waste collection and material
processing. He joined UWS in July 2017 to assist with the roll out of UWS services
in the City of Los Angeles RecycLA Northeast commercial zone.
Prior to joining UWS, Jonathan was lead supervisor for Republic Service’s nine
franchises in Orange County where he managed 12 supervisors and 220 collection
drivers. Jonathan began his Republic Services career as a driver.
Contact me:
562-941-4900
jonathan@
uwscompany.com
Cris Diaz
Operations Supervisor
18 years solid waste industry experience
Cris Diaz manages residential and commercial collection services from our Los
Angeles office.
He brings a customer-centric and positive approach to problem-solving.
Experience
Cris has extensive solid waste experience. Prior to joining UWS in 2019, he worked
15 years for Republic Services including managing hauling operations, roll-off
services, and two material recovery facilities.
Contact me:
562-941-4900
cris@
uwscompany.com
Proposal for Integrated Waste Management Services City of Los Alamitos
22
Brian Zuniga
Dispatch Manager
17 years solid waste industry experience
Adolfo Quintero manages our system-wide dispatch function and routes daily roll-
off collection services from our South Gate office. We also rely upon his expertise
as a member of our transition team.
Experience
Adolfo has worked in the waste and recycling industry for over 17 years. He joined
UWS in 2017. Adolfo began his solid waste career as a customer services
representative at Consolidated Disposal. He later worked as a dispatcher at both
United Pacific Waste and Republic Services.
Adolfo has been a part of transition teams for Gardena, Rowland Heights, El Monte,
and the City of Los Angeles.
Contact me:
562-941-4900
brianz@
uwscompany.com
Jason Pennington
Maintenance Director
7 years solid waste industry experience
Jason Pennington manages vehicle maintenance and repair operations for our fleet
of 500+ collection vehicles including transfer vehicles, and miscellaneous vehicles
at our nine locations.
Jason is also responsible for vehicle software systems, management and
development of our 50 member maintenance staff, and for equipment
procurement.
He works from our South Gate and Los Angeles offices.
Experience
Jason has 18 years’ experience in fleet maintenance. He joined the UWS Team in
2017.
Prior to joining UWS, he held positions of Maintenance Manager at Recology.
Contact me:
562-941-4900
jason@
uwscompany.com
Richard Hernandez
Orange County Route Manager
5 years solid waste industry experience
As the designated Orange County Route Supervisor, Richard will be assigned
exclusively to the county to monitor all collections, make contact with customers
regarding collection issues, and verify completion of each service work order.
Richard will be available to the City’s designee by cell phone, email or radio.
Contact me:
562-841-4900
Richard@
uwscompany.com
Proposal for Integrated Waste Management Services City of Los Alamitos
23
Experience
Richard has extensive solid waste experience. Richard has worked his way up at
UWS from swamper, to driver, and now to route supervisor. Richard has
experience at every level of operations.
Customer Care Team
Kimberly Sandvig
Customer Service Manager
7 years solid waste industry experience
Kimberly Sandvig manages our customer service operations supervising over 35
customer service representatives who assist our residential and commercial
customers. Kim works from our Orange and Los Angeles office.
Experience
Kim joined UWS in 2017 with over 7 years’ solid waste experience. Prior to joining
UWS, she was employed by Crown Disposal and then Recology after it acquired
Crown.
Kim’s prior experience includes 10 years working with special-needs children.
Contact me:
562-941-4900
kim@
uwscompany.com
Public Education and Outreach
Shelley Billik
Zero Waste Outreach & Education Manager
25 years solid waste industry experience
Shelley Billik manages our Zero Waste services unit supervising 15 Zero Waste field
representatives. This unit is responsible for face-to-face contact with customers to
introduce them to diversion opportunities and obligations, engage customers in
programs, monitor participation, and report outcomes.
Experience
Shelley began her affiliation with UWS in 2015 first designing and then directing
the effort to enroll customers in recycling and organic recycling services in the
newly awarded City of Los Angeles Commercial Solid Waste Franchise Northeast
Zone.
Shelley has 25+ years’ experience in sustainability and environmental programs.
Prior to joining Clements Environmental (a UWS subcontractor), she served as Vice
President of Environmental Initiatives for Warner Bros. Studios, Burbank, where
she launched programs for waste prevention, reuse and recycling, supply chain
management, energy efficiency, water conservation, green building, solar energy,
and alternative fuels.
Contact me:
562-941-4900
shelley@
uwscompany.com
Proposal for Integrated Waste Management Services City of Los Alamitos
24
Support Services Team
Michelle Newsham
Reporting Manager
26 years solid waste industry experience
Michelle Newsham is responsible for jurisdiction reporting (disposal & diversion
tonnage and city fee payments), administrative services, and customer billing and
collections.
She will be a key member of our transition team.
Experience
Michelle is a 26-year employee of UWS. She has extensive experience with
transitioning several service areas to UWS service including the City of Los Angeles,
Maywood and Los Angeles County areas of Malibu, Mesa Heights, NW & NE
Mountain & Bays, West Whittier, Citrus, Pioneer/Carson, and South San Gabriel.
She also was integrally involved in several business acquisitions by UWS.
Michelle began her career at UWS as a customer service representative and has
managed the customer service function and dispatch operations.
Michelle attended Mount San Antonio College, Walnut, and Chaffey College,
Rancho Cucamonga.
Contact me:
562-941-4900
michelle@
uwscompany.com
Melissa Heitz
Human Resources Manager and Safety Coordinator
7 years solid waste industry experience
Melissa is responsible for our human resources function and our safety program.
Experience
Melissa joined UWS in 2017. Prior to joining UWS, she worked in human resources
and safety for the State of California, Alameda County, and Recology, Inc.
Melissa is a graduate of San Jose State University with a B. S. degree in public
relations.
Contact me:
562-941-4900
melissa@
uwscompany.com
Proposal for Integrated Waste Management Services City of Los Alamitos
25
SECTION 6 – OTHER RESOURCES INCLUDING EQUIPMENT
FACILITY DESCRIPTIONS AND UTILIZATION
Landfill Facilities
The GREY Container for waste collected from Residential, Multi-family and Commercial sources will be
delivered to the Orange County Landfill system under the City’s
waste delivery agreement. UWS will provide an option with rates
for the potential to deliver waste through our Santa Fe Springs
Material Recovery and Transfer facility to the Chiquita Canyon
Landfill. This option will be available at the rates proposed in our
price sheet labeled Option II.
Processing Facilities
Source-Separated Recyclable Processing
The BLUE Container material collected from Residential, Multi-Family and Commercial sources will be
delivered to the UWS-owned and operated material recovery facility (MRF) in Santa Fe Springs. Here
recyclables are sorted, consolidated and shipped to market.
Residuals
Residual waste from the recyclable processing operation at the MRF will be shipped to the County of
Orange under the Cities waste delivery agreement.
Mixed Waste Processing
UWS’ Santa Fe Springs Material Recovery and Transfer Facility
(MRF) is designed for 3,000 tons per day and currently operating
at about 1,500 tons per day. This facility has a full solid waste
facility permit capable of processing all types of waste streams.
UWS is proposing to process select commercial loads (“A” route)
with high levels of recyclables at this facility for the recovery of
recyclable materials. This program will be deployed to any
customer that does not generate food waste or is not
participating in the source separated commingled recycling
program. The benefit of this type of additional processing
program is the ability to ensure that 100% of the commercial customers are participating in some form of
recycling program.
UWS has deployed this program in other jurisdictions with a high degree of success and will work with the
City staff to make this available to the Los Alamitos customer base.
Proposal for Integrated Waste Management Services City of Los Alamitos
26
Source-Separated Recyclable and Mixed Waste Processing.
i. Facility name & address Universal Waste Systems, Inc.
9010 and 9016 Norwalk Blvd.
Santa Fe Springs, CA 90670
ii. Owner / Operator Universal Waste Systems, Inc.
9010 and 9016 Norwalk Blvd.
Santa Fe Springs, CA 90670
iii. Relationship with Proposer Proposer owned
iv. CalRecycle SWIS # 19-AA-1140
v. Material processed Municipal Solid Waste (MSW), Source-Separated and Commingled
Recyclables and Transfer of material.
vi. Price per ton Available upon request
vii. Capacity guarantee UWS will guarantee adequate tonnage capacity for the City of Los
Alamitos to service the proposed franchise agreement.
viii. Estimated diversion rate (a) Residential source-separated mixed recyclables (85%)
(b) Commercial source-separated mixed recyclables (85%)
(c) Commercial source-separated OCC (98%)
(d) Mixed Waste Processing (25 to 35%)
California’s new organic waste mandate know as Senate Bill 1383 (SB1383) set a goal of diverting 75% of
organic waste, equivalent to 20 million tons per year, from landfills by 2025. To achieve this ambitious
target, California will need to construct 100 to 200 additional organic waste recycling facilities, in
addition to the roughly 200 existing facilities (CalRecycle). The regulation, which applies to municipal
and commercial sources, requires that the landfill-diverted organics be transformed into valuable
resources: fertilizer and renewable energy. State enforcement will commence on January 1, 2022 with
penalties for non-compliance of up to $10,000 per day. These changes require local governments, in
conjunction with waste haulers, to deploy and implement new organic waste recycling, processing
procedures and systems, and new organic recycling infrastructure. UWS believes we have develop a
network of facilities to meet this requirement well in advance of the 2025 deadline.
Green Waste Processing
Source-Separated Green Waste
The GREEN Container material collected from Residential, Multi-Family and Commercial generators will
be delivered to the UWS-owned Greenwise Soil Technologies compost
facility in South Gate. The facility has a maximum permitted capacity of
250 tons per day and provides a local outlet for the organic green waste
from the City.
Proposal for Integrated Waste Management Services City of Los Alamitos
27
Material delivered to Greenwise will be screened through a series of devices, size reduced, composted
and blended in order to make a rich soil amendment available for the commercial market. UWS through
its many end-use markets (Moon Valley Nursery, Kellogg’s) to name a few will use our long relationships
to ensure that the material coming from the City of Los Alamitos always has a home and will not be
landfilled or used as alternative daily cover (ADC).
The residuals and small fractions from the compost process will be returned to the County of Orange
landfill system under the City’s waste delivery agreement.
Green Material Processing
i. Facility name & address Greenwise Soil Technologies
10120 Miller Way
South Gate, CA 90280
ii. Owner / Operator (a) Landowner:
City of South Gate
8650 California Ave.
South Gate, CA 90280
(213) 563-9531
(b) Facility owner/operator:
Greenwise Soil Technologies
9016 Norwalk Blvd.
Santa Fe Springs, CA 90670
(562) 806-6366
iii. Relationship to Proposer Proposer owned
iv. CalRecycle SWIS # 19-AA-1064
v. Material processed Green material, wood waste
vi. Price per ton Available upon request
vii. Capacity guarantee UWS will reserve capacity at this facility to process 100% of source-
separated green material collected in the City of Los Alamitos during
the proposed franchise agreement.
viii. Estimated diversion rate Residential GREEN Container diversion (98%).
Commercial GREEN Container diversion (98%).
Organic Waste Processing
UWS is proposing multiple options for the processing of the organic waste from the City of Los Alamitos
to meet the compliance requirements in SB1383. Because this area of diversion and recovery is still
developing and there is no clear-cut favorite, we believe it is beneficial to have multiple options available
to the City to meet the new legislation and diversion requirements. Therefore, we have prepared a menu
of options that are priced into our rate structure and will be available to the customers.
Proposal for Integrated Waste Management Services City of Los Alamitos
28
Source-Separated Commercial Food Waste and Scraps (Large Generators)
The source separated Organic Container (brown) collected from Commercial customers that meet the
minimum threshold as outlined in SB1383 will be provided with a separate container for the separation
and collection of food waste and scraps. This material will be transferred through the SFS MRF or delivered
directly to the 24th Street High Diversion Facility located in Los Angeles for processing. At the 24th street
facility, the source separated organic material will be processed through the Anaergia OREX-500 for
separation of the organic material from the non-organic waste. Once the organic fraction is separated, it
will be delivered to the Anaergia Bio-Energy facility in Rialto for further conversion into renewable natural
gas (RNG) and as well as an organic rich fertilizer. This proposed program will yield a diversion rate of
approximately 85% of the organic material.
Co-collected Waste and Organics (food) Container from Residential Customers
UWS proposes a co-collection of waste and
organics (grey cart) from the residential
customers for delivery to our 24th Street High
Diversion Facility. This co-collection program
allows for the existing three (3) cart residential
program to remain in place without
contaminating the green waste by adding food
scraps. As mentioned above, our existing green
waste processing technology allows for the
processing and marketing of the source-
separated green waste material to many high
quality vendors.
The food waste and scraps would be placed in the waste cart (grey) where most of this material is going
today in order to ensure a high level of participation and the best opportunity to recover the organic
material. This material will be transferred through the SFS MRF or delivered directly to the 24th Street High
Diversion Facility located in Los Angeles for processing. At the 24th street facility, the waste with the
organic material will be processed through the Anaergia OREX-500 for separation of the organic fraction
from the non-organic waste. Once the organic fraction is separated, it will be delivered to the Anaergia
Bio-Energy facility in Rialto for further conversion into renewable natural gas (RNG) and as well as an
organic rich fertilizer. This proposed program will yield a diversion rate of approximately 50 to 60% of the
organic material.
Co-collected Waste and Organics (food) Container from Multi-family Customers
UWS proposes a co-collection of waste and organics from the multi-family customers for delivery to our
24th Street High Diversion Facility. This co-collection program allows for the existing collection of waste
from multi-family customers to remain in place and not require these customers to subscribe to a separate
program for the collection of organics. As you know, multi-family customers are traditionally transient in
Proposal for Integrated Waste Management Services City of Los Alamitos
29
nature and education is difficult and the programs are thus tough to manage. With this proposed program,
the food waste and scraps would be placed in the waste cart where most of this material is going today in
order to ensure a high level of participation and the best opportunity to recover the organic material. This
material will be transferred through the SFS MRF or delivered directly to the 24th Street High Diversion
Facility located in Los Angeles for
processing. At the 24th street facility, the
waste with the organic material will be
processed through the Anaergia OREX-
500 for separation of the organic
fraction from the non-organic waste.
Once the organic fraction is separated, it
will be delivered to the Anaergia Bio-
Energy facility in Rialto for further
conversion into renewable natural gas
(RNG) and as well as an organic rich fertilizer. This proposed program will yield a diversion rate of
approximately 30 to 35% of the organic material.
Conversion to Renewable Natural Gas (RNG) and High Quality Fertilizer – Anaergia Energy
With mixed collection to AD, organics can be separated from MSW using Anaergia’s Organics Extrusion
Press (OREX) and fed to an anaerobic digester to generate renewable energy. This approach utilizes
existing infrastructure within the community to generate energy and fertilizer. In contrast, collecting
organics in source separated bins is more costly, adds trucks to the road, and sending organics to compost
facilities generates fertilizer that is volatile in value and thus causes capacity and tip fees to fluctuate
unpredictably. Mixed waste collection and processing at the High Diversion Facility leverages local and
existing anaerobic digestion infrastructure. This strategy avoids additional collection cost, new truck
routes, and reliance on human separation. This strategy also provides certainty in processing all organics
with reliable and long term fixed price capacity at Anaergia Energy Facility.
High Diversion Organic Processing.
i. Facility name & address UWS 24th Street Facility
2460 E. 24th Street
Los Angeles, CA 90016
Rialto BioEnergy Facility
503 E. Santa Ana Ave.
Rialto, CA 92376
ii. Owner / Operator UWS (a) Landowner:
City of Rialto
150 S. Palm Ave.
Rialto, CA 92376
(909) 820-2525
(b) Owner / Operator
Anaergia, Inc.
5780 Fleet Street, Suite 310
Carlsbad, CA 92008
(760) 436-8870
iii. Relationship to Proposer Proposer owned Contractual relationship
Proposal for Integrated Waste Management Services City of Los Alamitos
30
iv. CalRecycle SWIS # 19-AA-1251 36-AA-0446
v. Material processed Food waste Food Waste and Scraps
vi. Price per ton Available upon request
vii. Capacity guarantee UWS will guarantee adequate tonnage capacity for the City of Los
Alamitos to service the proposed franchise agreement.
viii. Estimated diversion rate See percentages list above
Operating Facilities
City of Los Alamitos Operating Facility
UWS - South Gate Truck Terminal and Compost Facility
10120 Miller Way
South Gate, CA 90280
Ancillary Orange County Operating Facility
UWS Truck Terminal
2051 Placentia Ave.
Costa Mesa, CA 92627
Proposal for Integrated Waste Management Services City of Los Alamitos
31
Customer Service Center
Costa Mesa Customer Service Office
2051 Placentia Ave.
Costa Mesa, CA 92627
Billing/ Franchise Administration/ Public Relations
Corporate Office
9010-9030 Norwalk Blvd.
Santa Fe Springs, CA 90670
Designated Disposal Facilities
UWS has proposed to use our internal processing facilities to provide compliance with local laws and
requirements, meet diversion requirements, and provide the most cost effective proposal possible. UWS
has proposed to send all residual tonnage that is processed through our recycling facilities from the City
of Los Alamitos back to the Orange County Landfill system. All solid waste and residuals collected will be
delivered to the Orange County Landfill system.
IMPLEMENTATION AND COMPLIANCE PLAN
Introduction
This Service Implementation Plan will ensure an efficient and orderly transition of integrated solid waste
management services for the residents and businesses in the City of Los Alamitos by January 1, 2022. As
noted previously in the proposal, UWS has extensive experience with service transition most recently in
the City of Los Angeles and Maywood.
UWS will assign a City Liaison which will be Matt Blackburn and he will be the primary contact for
implementation and will personally oversee the transition. Matt coordinated the transition in the City of
Los Angeles and Maywood.
For purposes of the Timeline, it is assumed that the City Council will award the Franchise Agreement on
August 16, 2021 and that service will commence on January 1, 2022.
Pre-Award Activities
Proposal Clarification
At the convenience of the City’s evaluation team, UWS will respond to questions about our Proposal and
provide supplemental information in a timely manner to ensure that the City can meet the timeline
established in the RFP.
Facilities Tour
We invite the evaluation team to a guided in-person or virtual tour of our headquarters, transfer, material
recovery and processing facilities. We believe the closer you look at the UWS team and facilities the better.
We believe our team and facilities are a perfect fit for the City of Los Alamitos.
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Presentation
We are available to deliver a virtual summary presentation of our Proposal to the City’s evaluation team
or other designated parties and respond to their questions in a timely manner.
Negotiation
UWS has reviewed the proposed franchise agreement for the City of Los Alamitos and we do not request
have any requested exceptions at this time. We will negotiate the final terms and conditions of the
Franchise Agreement in good faith and in a timely manner.
Award Activities
Contract Award
Our executive team will be present in-person (or virtually as conditions may dictate) to ensure that the
meet the timeline established in the RFP. Our Executive Management team includes the Owners and
Senior Management personnel.
Execution of Agreement
Within five (5) calendar days following award of the contract, our executive team will be prepared to
execute the Agreement, and provide all supplemental exhibits and forms.
Certificates of insurance
Upon execution of the Agreement, we will file with the City Clerk copies of the certificates of liability policy
forms and required endorsements evidencing the insurance required in Franchise Agreement.
Performance Bond
Within five (5) calendar days following execution of the Agreement, we will provide a Performance Bond
described in Franchise Agreement in the amount of one-hundred and fifty thousand dollars ($150,000.00).
In addition, we will provide a cash bond in the amount of fifty thousand dollars ($50,000), as required in
the RFP.
Recruiting
Job Announcement
Following the award of the franchise agreement by the City Council, our representatives will post, and
distribute an Employment Announcement for employees of the current service provider who may be
displaced due to the change in contractors. The announcement will provide details on a proposed job fair
where UWS representatives will be available to answer questions, describe pay and benefits and offer
employment. Our goal would be to employ any and all displaced workers from the current service
provider.
One-On-One Visit
Prospective employees are also invited to meet individually by appointment with a representative of our
Human Resources Department to hear more about the benefits of working for UWS.
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New Employee Orientation
We will host a mandatory New Employee Orientation for each prospective qualified individual that joins
our team. The Orientation will be held approximately 30 to 45 days before we commence services in
order to ensure a safe and smooth transition . Employees will be compensated for attending the
orientation.
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Transition Activities
Customer Support Activities
Customer Service Representative Training
In the weeks leading up to the start of service, reference materials for use by our Customer Service
Representatives will be prepared and the Customer Service Representatives will undergo training before
education and outreach activities commence so that they are prepared to receive and respond to
Customer inquiries. This is an area that UWS has developed over the past few transitions and has been
the key to a smooth and seamless transition. We will work diligently with our CSR’s to make sure that are
ready to address question during and after the transition.
Customer Record Management
We will solicit customer information from the outgoing contractor and the City in order to maximize the
accuracy. If we can start with an accurate data base of information, we will have a successful transition.
UWS worked successfully with Republic Services in the City of Los Angeles during their transition so we
are confident that we can safely assume the experience would be similar.
Subscriptions
We will mail subscription reservation forms to each Residential Customer to determine the Customer’s
preference of cart size and quantity and confirm billing information. Customers who do not respond with
their subscription preferences will be assigned three 95 - gallon carts (GREY, BLUE and GREEN).
Outreach Activities
We will employ a multi-faceted approach to our public outreach campaign to help residents and
businesses comply with the new program requirements, mandates and gain the most from our services.
Below is a list of media we will use to provide for a successful implementation.
Website
As the recommended service provider, we will prepare a web page to illustrate our approach to public
outreach. This web page will initially be available for private review by City officials and will go public after
the City Council approves the Agreement. This will be a place where residents and business can go to
receive update to date information in real time.
Social Media
After award of the agreement, we will initiate and continually utilize traditional social media outlets to
inform our followers about our services and educate them regarding policies, procedures, and local and
State mandates. We have found this type of communication is very effective and provides excellent data
for the residents and businesses.
Brochures
For service roll-out, we will distribute professionally-prepared literature designed to: welcome customers,
explain our services, announce service and holiday schedules, and describe local and state requirements.
This brochure will be tailored to the City, the programs and provide detailed information on all ancillary
services.
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Town Hall Meeting
Prior to the start of service, we will host a town hall meeting to introduce ourselves to the community and
describe services and local and state requirements. UWS believes this is a good way to get out in front of
the community so they can but face with the name of the company. UWS is prepared to provide for
multiple town hall meetings in necessary.
Neighborhood Organizations
Prior to the start of service, we will seek out neighborhood organizations to arrange to meet with residents
in a more intimate multi-lingual setting to explain our services and local and state requirements.
A special emphasis of this outreach will be directed to owners and managers of multi-family complexes.
Business Organizations
We will arrange to meet with members of business organizations to explain our services and local and
state requirements. A special focus of this outreach will be directed owners and managers of eating and
drinking establishments to help them understand their recycling and organic waste recycling obligations.
Public Facility Managers
We will reach out to individual public agency facility managers in an effort to establish model programs
that maximize diversion.
Mandatory Recycling Program Outreach
As described in the Mandatory Recycling Programs Implementation Plan Section, our Zero Waste Account
Representatives will make in-person contact with the representatives of each business establishment and
each Multi-Family complex to confirm account information, explain service options and requirements,
and arrange for service subscriptions.
Operational Activities and Equipment
Training
In the weeks leading up to starting service, we will conduct mandatory off-hour training sessions to
familiarize transitioning employees with our procedures and technologies. Transitioning employees will
be compensated for attending training sessions. This early activity with the personnel assigned to the City
of Los Alamitos will again provide for a seamless transition with minimal disruption to the services.
Routing
We will optimize our collection routes with a computerized routing system and onboard devices that
provide each driver all needed information for each stop including turn-by-turn directions. These data-
driven driver assists will enable our drivers to complete routes error free. We will work to match the
existing routes deployed by your current service provider in order to minimize the disruption to the
customers.
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Collection Vehicles
We currently have a sufficient number of new Renewable Natural
Gas (RNG) powered collection vehicles to fulfill the requirements of
the Agreement. We will not need to procure any additional
equipment to meet the service requirements in the agreement.
Collection vehicles used in the City of Los Alamitos will be equipped
with 3rd Eye Systems fleet management and recording mobile
camera systems. This latest technology provides us with turn by turn
review of the driver’s activities as well as a camera system that provides documentation of our services
and records the driver’s daily performance.
Containers
Carts
Following execution of the agreement, we will place the order for the carts to be distributed to Residential
and Commercial customers receiving individual cart collection. We have currently have stock of carts with
our manufacture that could fulfill the cart requirements for the City of Los Alamitos.
Each residential and commercial customer utilizing cart service will receive a new set of carts one-week
prior to their collection day (e.g., customers whose regular collection day will be Monday January 3, 2022.
For most customers, that delivery schedule should synchronize with the last scheduled collection day
performed by the outgoing service provider.
Each set of new carts distributed curbside will include a securely attached welcome packet in a weather-
resistant pouch providing the customer with details on the upcoming program.
Commercial Bins & Roll-Off Containers
We currently maintain a working inventory of commercial bins and roll-off containers to meet the needs
of our existing Customers. Following execution of the agreement, we will place orders for additional
commercial bins and roll-off boxes if necessary so that we have a sufficient number of containers to satisfy
the needs of the customers.
UWS will procure additional containers if necessary and coordinate delivery of our containers with the
remove of the current contractor’s containers at one time. This approach eases the coordination of
container removals and deliveries, works best with limited enclosure space and makes for a seamless
transition for the Customer.
The implementation timeline assumes that container assets will be acquired from the outgoing service
provider.
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AUTOMATED CART DESCRIPTION
The following is a description of the carts that we propose for the County of Orange.
Manufacturer
Carts provided by UWS will be two-wheeled industry standard carts manufactured by Toter, a Wastequip
brand (https://www.toter.com/waste-haulers) or equivalent.
Carts will be manufactured of medium density polyethylene (MDPE) using a stress-free rotational molding
process.
All carts shall be equipped with 2 wheels mounted on a steel axle, handles integrally molded as part of
the cart body, and permanently attached lids.
Toter brand carts are manufactured of up to 50% recycled plastic and steel parts contain up to 80%
recycled steel.
Cart Sizes
Subscribers utilizing cart service will have a choice of three (3) cart sizes for each material:
32-gallon (70-pound minimum load capacity);
64-gallon (130-pound minimum load capacity; and,
96-gallon (200-pound minimum load capacity.
SB 1383 Compliance
The carts described herein comply with SB 1383 requirements for purpose, color, identification and
labeling.
Color
See below.
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Identification
The top of each cart lid will be hot stamped denoting the acceptable material type for that cart (e.g.,
‘Refuse’, ‘Recyclable Materials’, ‘Organic Waste’) in English, Spanish, and Mandarin.
Labels
An adhesive label will be affixed to the underside of the lid of each cart indicating the primary materials
accepted and the primary materials prohibited for each container. We intend to utilize the model labeling
provided by CalRecycle if available.
Colors
Residential Service
In our residential collection system, we will provide subscribers with uniform black carts equipped with
lids of different colors to distinguish acceptable materials (with City
approval):
GREY lid for nonorganic and non-recyclable waste;
BLUE lid for nonorganic mixed recyclables, and paper,
wood & lumber; and,
GREEN lid for green and food waste.
Commercial Food Waste
When volumes or storage space warrant, generators of commercial food
waste will be provided a cart with a BROWN lid for depositing source-separated food waste for collection.
Cart Condition
All carts provided to customers at the inception of service will be newly manufactured and unused.
Subsequently, carts provided to customers as additions or replacements may be refurbished carts in good
serviceable condition and steam cleaned so as to be free of debris and contaminants.
COLLECTION VEHICLE DESCRIPTION
Collection Vehicles
UWS will deploy a compliment of new vehicles to perform the collection work in the Franchise Agreement.
Delivery of new collection vehicles requires a lead-time of approximately 18-months however, we
currently have the vehicles for the City of Los Alamitos in our possession and ready for service. Those
vehicle groupings depicted as ‘New’ are new vehicles in our possession that are reserved to be deployed
in the City of Los Alamitos.
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Residential (Cart Service) Collection Vehicles
Qty Make Area # Body Model
Year Fuel Type
2 Mack LEU
Los Al
Automated side
loader 2020 RNG
Commercial (Bin Service) Collection Vehicles
Qty Make Area # Body Model
Year Fuel Type
3 Mack MR Los Al Front loader 2020 RNG
Roll-Off Collection Vehicles
Qty Make Area # Body Model
Year Fuel Type
1 Mack MR Los Al Roll-Off 2019 RNG
Miscellaneous Vehicles
Qty Make Area # Body Model
Year Fuel Type
1 GMC
Colorado
7 Scout Truck 2021 Gas
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Safety Features
Our collection vehicles will be equipped with a 5-camera safety monitoring system, hosted by 3rd Eye
Systems. The 3rd Eye System monitors drivers, driving habits, speeds, and hard braking.
The 3rd Eye System also provides the driver with a 360-degree view of the truck from his cab for increased
safety.
BULKY ITEM COLLECTION
After reviewing the draft agreement, UWS proposes to handle the bulky-item collection as required in the
RFP as well as provide an on-call service if a resident or multi-family residents is in need of additional
service.
UWS proposes to use a flatbed collection vehicle to complete the bulky item collection program. Using a
flatbed for collection will allow us to bring the items back to our fleet yard to determine the best use for
the items prior to disposal.
UWS will use best management practices to follow the hierarchy of reuse, disassemble for reuse or
recycling, recycle, and disposal. UWS will encourage customers to provide accurate information of the
items that are being collected. UWS will encourage customers to donate to Goodwill or Salvation Army
similar programs as much as possible.
Monthly Abandoned Item Sweep and Clean-up
UWS proposes to meet the requirements in the RFP and Franchise Agreement related to the monthly
abandon item sweep service. UWS will provide a monthly collection of abandon items in in the public right
of way. In addition, UWS will also survey the areas on a weekly basis during residential collection to ensure
that abandon items are not accumulating on a weekly basis. UWS drivers will document where items are
located and provide that information to dispatch to have a bulky-item collection truck collect them in
order to try and minimize the accumulation of these types of items. This additional service is included in
the proposed rate structure.
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Household Hazardous Waste Collection (HHW)
UWS proposes to maintain the existing quarterly Household Hazardous Waste (HHW) Collection Program
as required in the Franchise Agreement. We propose to have the events as proposed below on the first
Saturday of each month:
March
June
September
December
UWS will use its proposed public education campaign and brochures to advise the residents of the events
and the schedule. These events will need approval from the City as well as a central location in the City to
hold the event. Each event would be held from 8:00am to 2:00pm on th e first Saturday of the months
proposed.
UWS will further advertise the County of Orange permanent locations for residents to dispose of
Household Hazardous Waste (HHW) so residents have an option for disposal of items during the times the
events are not held.
Prior to the first event, UWS will work with the City’s staff to coordinate the first event and approve any
proposed sub-contracts if any for the event.
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SECTION 7 – SAFETY RECORD
1. Workers Compensation Experience Modification (Exmod) for the business, and or all rated
subsidiaries operating in California (if the business has not operated in California, please provide
all data for the business in other States)
Experience Mod currently is .98
2. Total Recordable Injury Rates (TRIR) for past 5 years, for each establishment working in California
2020
Santa Fe Springs facility: 4
South Gate facility: 7
Los Angeles facility: 4
Costa Mesa facility: 6
Perris facility: 3
2019
Santa Fe Springs facility: 0
South Gate facility: 7
Los Angeles facility: 4
Costa Mesa facility: 2
Perris facility: 1
2018
Santa Fe Springs facility: 5
South Gate facility: 6
Los Angeles facility: 8
Costa Mesa facility: 0
Perris facility: 2
3. Included is a copy of our Safety Plan and/or Documents including but not limited to Injury and
Illness Prevention Plan (IIPP), Code of Safety Practices and other Safety Plans
See attached documents labeled:
Injury and Illness Prevention Program (IIPP)
Code of Safe Practices
Hearing Conservation Program
Hot Work Program
Covid Infectious Disease Preparedness and Response Plan
Contractor Safety Program
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Company’s Safety Program
Accidents are caused, they do not just happen. Therefore, we believe that nearly all accidents are
preventable. Accidents destroy manpower and material resources. They are a waste of assets
that we cannot afford to waste. Because accidents are both preventable and wasteful, we want
all employees to join with us and participate in an aggressive, effective and continuing accident
prevention and control program.
To the best of our ability, we provide the best equipment, the safest facilities, and necessary
people to accomplish all our tasks safely and economically.
The real power behind production without accidents is personal concern and motivation. We
expect each supervisor and every single employee to participate in the program. The prevention
of accidents is not someone else's concern, it is our concern and our employees’ concern. We
expect supervisors to provide for the prompt and aggressive investigation of accidents and near
misses, to determine their causes. We expect personal and prompt corrective action to be taken
after each accident. Further, periodic safety inspections are performed of each work area to
determine what corrective actions must be taken to insure a safe and healthful working
environment.
Each employee is, to a large degree, directly responsible for, and in control of, his personal safety
both on and off the job. To promote the individual safety of each of us and those with whom we
come in contact with, rules and regulations must be adhered to.
We expect each employee, from our most senior to our newest trainee, to comply with these
regulations at all times. These safety regulations are designed with but one objective in mind, to
keep from getting hurt and to avoid hurting others.
The price of accidents and injuries in human suffering and in dollars and cents is high, and rising.
It can only be stopped and reduced if everyone knows, accepts and fully carries out accident
prevention as his/her own personal responsibility. In order to reach the goal of having an accident
free work environment, UWS has created its workplace safety program. The program is
comprised of many parts. These parts include:
The pre-hire process
The new hire process/safety orientation
New hire mentoring
Safety program implementation
Personal Protective Equipment
Training
Evaluation/Observations
Inspections
Accident Investigations and Corrective Actions
Record Keeping
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Pre-hire Process
Before someone is hired as a team member at UWS, they are interviewed and evaluated by
experienced staff members to assure that they are not just technically qualified for the position
they are applying for, but that they also have the proper mindset to want to work safely and
professionally. This creates the base for a safe employee.
New Hire Process
All new UWS employees undergo a New Hire Safety Orientation on their first day of employment,
regardless of their position in our organization. Any position in any workplace has inherent
hazards and therefore a new hire orientation prepares new employees with the knowledge to
recognize work related hazards of all types, as well as how to mitigate or eliminate them.
Knowledge is a powerful tool in injury prevention, therefore learning about our safe practices,
policies and programs is important. The safety orientation is normally performed by a member
of the Safety Department and covers various topics, such as our Injury & Illness Prevention
Program, Lockout/Tagout, First Aid basics, Fire Prevention and Extinguisher use, Heat Illness
Prevention, Personal Protective Equipment, etc.
New Hire Mentoring
New hires also go through some level of mentoring by other skilled and experienced employees
in their departments. Not only do they first get to observe and acclimate to their positions, but
they are also mentored on how to perform their duties safely. This is an important stage for all
new hires because they get the opportunity to learn how to perform their duties safely from
someone else who has performed similar duties for years. For example, for drivers, the mentoring
involves a period of ride-a-longs with an experienced driver that will observe driving skills, vehicle
inspections and overall job performance. It also helps remove some of the anxiety of working in
a new position, which allows the individual to better concentrate on his/her tasks.
Safety Program Implementation
In order to develop a safe work environment, UWS has created safety programs to help set the
structure for developing safe work practices and also for complying with OSHA standards. Safety
programs are living documents and must not only be developed and implemented, but also
modified from time to time to remain current with regulations o r to adjust to changes in work
related hazards. Typical safety programs at UWS include:
IIPP
Heat Illness Prevention
Emergency Action Plan/Fire Prevention Plan
Hazard Communication
Hazardous Waste Identification
Infectious Disease & Response Plan
Hearing Conservation Program
Energy Control (lockout/tagout)
Code of Safe Practices
Hot work Program
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Personal Protective Equipment
Whenever administrative controls or engineering controls are not enough to eliminate a hazard,
then we must consider personal protective equipment (PPE) to further protect our employees.
Typical considerations for protecting our employees are the nature of the hazard, such as dust or
abrasion hazards, as well as the part of the body that may be affected. PPE is carefully selected
for our employees in order to provide them a product that will offer them the appropriate level
of protection, while also offering comfort and mobility. Examples of PPE used at UWS for certain
parts of the body are as follows:
Head Protection: Hard hats, Welding caps
Face and Eye Protection: Faceshields, Safety Glasses, Goggles, Cutting Glasses, Welding Hoods
Respiratory Protection: Cloth masks, KN95s, N95s
Hearing Protection: Ear Plugs, Earmuffs
Body Protection: Uniforms, Welding Leathers, Tyvek Suits, Denim Sleeves
Hand Protection: Leather gloves, Nitrile Disposable Gloves, Nitrile Coated and Rubber Coated
Abrasion Resistant Gloves
Foot Protection: PVC boots, Safety Toe Boots
The aforementioned PPE is provided at no cost to our employees and is replaced as necessary to
keep our team injury free while working with various commodities, surfaces and environments.
Training
As mentioned previously, the more knowledgeable an employee is regarding how to perform
his/her job safely, the less likely it will be that he/she will suffer a work related injury. Our
employees therefore receive new hire safety training on their first day of employment, on-the-
job training and regular safety training in the form of weekly safety meetings. The safety meetings
not only cover regulatory topics such as Heat Illness Prevention or PPE, but cover function specific
topics such as proper lifting techniques or distracted driving. In the following list are examples of
other topics covered during the safety training sessions:
Slips and Falls
Driving in the Rain
Blind Spot Awareness
Covid Prevention
How to Inspect a Fire Extinguisher
Emergency Procedures for Load Fires
Backing Safely
Staying Hydrated
Rodent, Snakes and Insects
Lithium Battery Fire Safety
Cell Phone Distractions
As you can see from this small sampling of topics, the variety spans the safety spectrum.
Additionally, certain employee groups also receive specialized training such as forklift and aerial
lift certification training and our drivers attend Smith System Defensive Driving training.
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Evaluation/Observations
Informal safety and performance evaluations are performed on a daily basis by supervisors and
lead employees while their team members are in the field, servicing customers or while working
within our facilities. This allows for lead and supervisory personnel to evaluate the safe work
habits of their peers. If areas of improvement are observed, they bring them to the individual’s
attention right away in order to prevent an injury. Additionally, our management team may also
select certain individuals for more formalized observations either for random assessments or for
post incident reviews. These observations are documented on a specific safety observation form.
Individuals are observed for safe work habits and are then provided with feedback on both
positive actions as well as areas for improvement. This type of activity helps to strengthen the
concept that workplace safety is always an important consideration in any task and promotes
discussion of safe work concepts.
Inspections
Safety inspections are part of a regular process to look for safety hazards and if found, to develop
corrective actions to mitigate or eliminate them promptly. On the day to day level, drivers and
equipment operators perform daily vehicle and equipment inspections to assure that prior to
using these units, that they are safe for operation. If they discover an out of service safety item
such as a non-functioning backup alarm, the unit is taken out of service until repaired.
Additionally, facility personnel perform daily informal walkthrough inspections of their work areas
to address hazards prior to the start of their work day. On a monthly basis, a member of the
Safety Department also performs a documented safety inspection and prepares a report with
his/her findings and distributes it to the facility manager for the correction of any noted
deficiencies.
Accident Investigations and Corrective Actions
On occasion, a situation may arise which leads to the undesirable consequence of an incident,
such as an auto accident or of an injury. Since most incidents and injuries are preventable because
they are caused by an unsafe act or unsafe condition, whenever such an occurrence takes place,
it is important to investigate its cause. It is the UWS practice to have a supervisor investigate an
injury or incident immediately. If the incident occurs offsite, the supervisor will drive to the scene
to assure that any injured parties are taken care of and to gather as much evidence as possible
before the scene is disturbed. All incidents undergo a root cause investigation to determine to
true cause and therefore to determine the appropriate corrective action. Investigations are
documented initially via the UWS 6 Hour Report and documented further as deemed necessary.
Recordkeeping
Records that document the implementation of our safety programs will be maintained by the
Safety Department. These records will be maintained for the appropriate time frames and consist
of:
OSHA Logs
Inspection Reports
Investigation Files
Safety Training Records
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Medical Surveillance Records
Exposure Records
These records are typically confidential in nature and maintained for in-house use and only
released to appropriate authorized personnel or authorized agencies.
Currently UWS follows any/all inspection requirements (pertaining to our business type) set forth
by both the California CHP BIT program as well as the Department of Transportation CFR (Code of
Federal Regulations) sections 396.11 through 396.25 Regarding Inspections and record keeping.
(see below for reference).
Out of Service Criteria:
UWS adheres to FMCSA/CVSA North American Standard of Out of Service Criteria. In the event
that a defect is discovered/reported and is identified as an Out of Service defect based on the
North American Standard of Out of Service Criteria, the unit is placed Out of Service until safely
repaired.
Fleetio Maintenance software
Universal waste Systems utilizes an app based Maintenance Software system named Fleetio to
track and monitor vehicle inspections performed by both drivers and inspector qualified
maintenance personal.
Driver vehicle inspection report(s).
Driver pre and post trip Inspections are submitted digitally twice a day through Fleetio. Drivers
have the ability to comment as well as photograph any defect found on their inspection form at
the time of inspection. Following the completion of a drivers pre/post trip inspection, Fleetio
notifies, via email, multiple maintenance personal of any reported defect, providing maintenance
staff the ability to see reported defects in real time. (See sample form below)
Maintenance Vehicle Inspections:
Vehicle Maintenance inspections are performed every ninety days in accordance with the
California BIT program set forth and monitored by the California Highway Patrol. Maintenance
inspections are performed digitally using Fleetio and defects are emailed in real time to multiple
Maintenance staff. Technicians have the ability to comment, and/or submit a photograph of any
defect discovered at the time of inspection. If a discovered defect is falls under the Out of service
Criteria the vehicle is placed Out of Service until safely repaired. (See sample form below)
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Driver vehicle inspection report (DVIR Form) Sample 1 of 2
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Driver vehicle inspection report (DVIR Form) Sample 2 of 2
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SECTION 8 – OWNERSHIP AND FINANCIAL RECORDS
Business Structure
Proposing Entity
Universal Waste Systems, Inc. (“UWS”) is a C-corporation organized in the State of California.
Financial Statements
As the proposing entity, UWS will provide the necessary financial statements as required by the City.
Years in Operation
UWS was formed as a California corporation in 1986 and is in good standing with the California Secretary
of State.
Officers
The officers of UWS are:
UWS Officers
Name Office
Mark Blackburn Chief Executive Officer &
Chief Financial Officer
Anne Blackburn Secretary
Matt Blackburn Executive Vice President
Corporate Headquarters
Corporate headquarters: 9010-9016 Norwalk Boulevard, Santa Fe Springs, CA 90670.
Mailing Address: P.O. Box 3038, Whittier, CA 90605-308.
Financial Statements
Financial Statements for Universal Waste Systems, Inc. are prepared on a ‘reviewed’ basis annual
and will be made available for the City upon request.
Fiscal Year
Our fiscal year ends September 30th; the most recently completed fiscal year for which financial
statements are available is the fiscal year ended September 30, 2020.
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SECTION 9 - INSURANCE
Insurance Information
Proof of insurance is attached that meets the required coverages in the Draft Franchise
Agreement. Below is a list of the policies and policy numbers as requested in the RFP. Also as an
attachment is a list of previous and pending claims against the polici es for 2018, 2019 and 2020.
Insurance Type Firm Policy # Contact Information
General Liability Crum & Forster EPK-136137 Erin Viker 208-577-6769
Automotive National Interstate WAR8310012-04 Erin Viker 208-577-6769
Workers Compensation National Interstate WRW8310012-02 Erin Viker 208-577-6769
Environmental Crum & Forster EPK136137 Erin Viker 208-577-6769
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SECTION 10 – REFERENCES
Table 1
Current Exclusive Franchise Agreements by Jurisdiction & Years of Service
Jurisdiction Service
Period
Customer
Types
Service
Performed
Residential
Collection
Method
Contact Information
City of Los Angeles
North East Area
February
2017
to
Present
Commercial,
Multi-
Family,
Industrial
-Refuse-
-Recycling-
-Organic
Waste-
-C&D-
Multi-Family
(carts &
bins)
Mr. Daniel Meyers
Division Manager
LA Dept. of Sanitation
1149 S. Broadway St.
5th Floor
Los Angeles, CA 90015
213-446-2199
County of Los Angeles
For all LA County franchise areas:
Mr. Steve Milewski
Senior Civil Engineer
County of Los Angeles
Department of Public Works
900 S. Fremont Ave.
Alhambra, CA 91803
626-458-3573
West Whittier Area
April 2007
to
Present
Residential
Refuse,
Recycling,
Green
waste,
C&D
Bulky Items,
E-Waste,
Shredding
Automated
City of Maywood March
2020
to
Present
Commercial,
Multi-
Family,
Residential
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a Ms. Jennifer Vasquez
4319 E. Slauson Ave.
Maywood, CA 90270
323-562-5712
Table 2
Current Non-Exclusive Franchise Agreements by Jurisdiction & Years of Service
Jurisdiction Service
Period
Customer
Types
Service
Performed
Residential
Collection
Method
Contact Information
City of Costa Mesa
Oct. 2010
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Mr. Mike Balliet
City Consultant
City of Costa Mesa
City of Newport Beach
Oct. 2010
to
Present
Commercial,
Multi-
Family,
-Refuse-
-Recycling- n/a
Mr. Micah Martin
Deputy Public Works Director
City of Newport Beach
Proposal for Integrated Waste Management Services City of Los Alamitos
53
Industrial,
Roll-Off
-Organic
waste-
-C&D-
592 Superior Ave., Bldg. A
Newport Beach, CA 92663
949-718-3466
City of Irvine
Oct. 2010
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Public Works Department
1 Civic Center Plaza
Irvine, CA 92606
949-724-6357
Table 2, continued
Current Exclusive Franchise Agreements, continued
Jurisdiction Service
Period
Customer
Types
Service
Performed
Residential
Collection
Method
Contact Information
County of Los Angeles, continued See previous page for County of
Los Angeles contact info.
Pioneer / Carson Park
Area
Sept.
2011
to
Present
Residential
Refuse,
Recycling,
Green
waste,
C&D
Bulky Items,
E-Waste,
Shredding
Automated
Mesa Heights Garbage
Disposal District
July 2013
to
Present
Residential,
Commercial,
Multi-
Family
Refuse,
Recycling,
Green
waste,
C&D
Bulky Items,
E-Waste,
Shredding
Automated
South San Gabriel Area
July 2014
to
Present
Residential
Refuse,
Recycling,
Green
waste,
C&D
Bulky Items,
E-Waste,
Shredding
Automated
Citrus, Charter Oak,
Ramona Area
Nov. 2014
to
Present
Residential
Refuse,
Recycling,
Green
waste,
C&D
Bulky Items,
E-Waste,
Shredding
Automated
Proposal for Integrated Waste Management Services City of Los Alamitos
54
Table 2
Current Non-Exclusive Franchise Agreements by Jurisdiction & Years of Service
Jurisdiction Service
Period
Customer
Types
Service
Performed
Residential
Collection
Method
Contact Information
County of Los Angeles
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Willa Zheng
Administrative Assistant
County of Los Angeles
Department of Public Works
900 S. Fremont Ave.
Alhambra, CA 91803
626-458-3530
City of Malibu
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Rebecca Nelson-Brown
Administrative Assistant
Environmental Programs
City of Malibu
23825 Stuart Ranch Rd.
Malibu, CA 90265
310-456-2489, Ext. 286
City of Agoura Hills
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Mr. Louis A. Celya
Deputy City Manager
City of Agoura Hills
3001 Ladyface Ct.
Agoura Hills, CA 91301
818-597-7314
City of Glendale
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Mr. Dennis Hargrove
Assistant Director of Public Works
City of Glendale
548 W. Chevy Chase Dr.
Glendale, CA 91204
818-548-3916
City of Burbank
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Amy Hammes
Recycling Specialist
City of Burbank
500 S Flower St.
Burbank, CA 91502
818-238-3903
City of Vernon
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Mr. Frederick Agyin
Director
Health & Environmental Control
Department
City of Vernon
4305 S. Santa Fe Ave.
Vernon, CA 90058
323-583-8811
Proposal for Integrated Waste Management Services City of Los Alamitos
55
City of Bell Gardens
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Veronica Sanchez
Administrative Specialist
City of Bell Gardens
8237 Garfield Ave.
Bell Gardens, CA 90201
562-806-7770
Table 2, continued
Current Non-Exclusive Franchise Agreements by Jurisdiction & Years of Service
Jurisdiction Service
Period
Customer
Types
Service
Performed
Residential
Collection
Method
Contact Information
City of Commerce
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Linda Wright
Administrative Assistant
City of Commerce
2535 Commerce Way
Commerce, CA 90040
323-722-4805, Ext. 2331
City of Long Beach
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Sarah Adams
Recycling Specialist
City of Long Beach
2929 Willow Ave.
Long Beach, CA 90807
562-570-2852
City of Montebello
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Public Works Department
1600 W. Beverly Blvd.
Montebello, CA 90604
323-887-4555
City of Pasadena
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Mr. Carmen Rubio
Department of Public Works
City of Pasadena
233 W. Mountain St., #235
Pasadena, CA 91109
626-744-7162
crubio@cityofpasadena.net
City of Torrance
Feb. 2004
to
Present
Commercial,
Multi-
Family,
Industrial,
Roll-Off
-Refuse-
-Recycling-
-Organic
waste-
-C&D-
n/a
Ms. Wendy Wu
3031 Torrance Blvd.
Torrance, CA 90503
310-781-7679
Proposal for Integrated Waste Management Services City of Los Alamitos
56
SECTION 11 – DISPOSAL AND PROCESSING FACILITY CAPACITY
FACILITY DESCRIPTIONS AND UTILIZATION
Landfill Facilities
The GREY Container for waste collected from Residential, Multi-family and Commercial sources will be
delivered to our Santa Fe Springs Material Recovery Facility for
processing and recovery of recyclables and organics. UWS will ship
the residual waste after the secondary processing to the County of
Orange landfill system.
Processing Facilities
Source-Separated Recyclable Processing
The BLUE Container material collected from Residential, Multi-Family and Commercial sources will be
delivered to the UWS-owned and operated material recovery facility (MRF) in Santa Fe Springs. Here
recyclables are sorted, consolidated and shipped to market.
Residuals
Residual waste from the initial recyclable processing operation at the SFS MRF will be shipped to our Pico
Rivera secondary Material Recovery Facility to recover additional mixed waste paper, plastics including
film plastic. We believe that UWS is the only company that will propose a secondary processing option for
the City of Los Alamitos which will ensure maximum diversion and compliance with the agreement.
Mixed Waste Processing
UWS’ Santa Fe Springs Material Recovery and Transfer Facility
(MRF) is designed for 3,000 tons per day and currently operating
at about 1,500 tons per day. This facility has a full solid waste
facility permit capable of processing all types of waste streams.
UWS is proposing to process select commercial loads (“A” route)
with high levels of recyclables at this facility for the recovery of
recyclable materials. This program will be deployed to any
customer that does not generate food waste or is not
participating in the source separated commingled recycling
program. The benefit of this type of additional processing
program is the ability to ensure that 100% of the commercial customers are participating in some form of
recycling program.
UWS has deployed this program in other jurisdictions with a high degree of success and will work with the
City staff to make this available to the Los Alamitos customer base.
Proposal for Integrated Waste Management Services City of Los Alamitos
57
Source-Separated Recyclable and Mixed Waste Processing.
i. Facility name & address Universal Waste Systems, Inc.
9010 and 9016 Norwalk Blvd.
Santa Fe Springs, CA 90670
ii. Owner / Operator Universal Waste Systems, Inc.
9010 and 9016 Norwalk Blvd.
Santa Fe Springs, CA 90670
iii. Relationship with Proposer Proposer owned
iv. CalRecycle SWIS # 19-AA-1140
v. Material processed Municipal Solid Waste (MSW), Source-Separated and Commingled
Recyclables and Transfer of material.
vi. Price per ton Available upon request
vii. Capacity guarantee UWS will guarantee adequate tonnage capacity for the City of Los
Alamitos to service the proposed franchise agreement.
viii. Estimated diversion rate (a) Residential source-separated mixed recyclables (85%)
(b) Commercial source-separated mixed recyclables (85%)
(c) Commercial source-separated OCC (98%)
(d) Mixed Waste Processing (25 to 35%)
California’s new organic waste mandate know as Senate Bill 1383 (SB1383) set a goal of diverting 75% of
organic waste, equivalent to 20 million tons per year, from landfills by 2025. To achieve this ambitious
target, California will need to construct 100 to 200 additional organic waste recycling facilities, in addition
to the roughly 200 existing facilities (CalRecycle). The regulation, which applies to municipal and
commercial sources, requires that the landfill-diverted organics be transformed into valuable resources:
fertilizer and renewable energy. State enforcement will commence on January 1, 2022 with penalties for
non-compliance of up to $10,000 per day. These changes require local governments, in conjunction with
waste haulers, to deploy and implement new organic waste recycling, processing procedures and systems,
and new organic recycling infrastructure. UWS believes we have develop a network of facilities to meet
this requirement well in advance of the 2025 deadline.
Proposal for Integrated Waste Management Services City of Los Alamitos
58
Green Waste Processing
Source-Separated Green Waste
The GREEN Container material collected from Residential, Multi-Family and Commercial generators will
be delivered to the UWS-owned Greenwise Soil Technologies compost facility in South Gate. The facility
has a permitted capacity of 250 tons per day and provides a local outlet
for the organic green waste from the City.
Material delivered to Greenwise will be screened through a series of
devices, size reduced, composted and blended in order to make a rich soil
amendment available for the commercial market. UWS through its many
end-use markets (Moon Valley Nursery, Kellogg’s) to name a few will use
our long relationships to ensure that the material coming from the City of Los Alamitos always has a
home and will not be landfilled or used as alternative daily cover (ADC).
The residuals and small fractions from the compost process will be returned to the County of Orange
landfill system under the City’s waste delivery agreement.
Green Material Processing
i. Facility name & address Greenwise Soil Technologies
10120 Miller Way
South Gate, CA 90280
ii. Owner / Operator (a) Landowner:
City of South Gate
8650 California Ave.
South Gate, CA 90280
(213) 563-9531
(b) Facility owner/operator:
Greenwise Soil Technologies
9016 Norwalk Blvd.
Santa Fe Springs, CA 90670
(562) 806-6366
iii. Relationship to Proposer Proposer owned
iv. CalRecycle SWIS # 19-AA-1064
v. Material processed Green material, wood waste
vi. Price per ton Available upon request
vii. Capacity guarantee UWS will reserve capacity at this facility to process 100% of source-
separated green material collected in the City of Los Alamitos during
the proposed franchise agreement.
viii. Estimated diversion rate Residential GREEN Container diversion (98%).
Commercial GREEN Container diversion (98%).
Proposal for Integrated Waste Management Services City of Los Alamitos
59
Organic Waste Processing
UWS is proposing multiple options for the processing of the organic waste from the City of Los Alamitos
to meet the compliance requirements in SB1383. Because this area of diversion and recovery is still
developing and there is no clear-cut favorite, we believe it is beneficial to have multiple options available
to the City to meet the new legislation and diversion requirements. Therefore, we have prepared a menu
of options that are priced into our rate structure and will be available to the customers.
Source-Separated Commercial Food Waste and Scraps (Large Generators)
The source separated Organic Container (brown) collected from Commercial customers that meet the
minimum threshold as outlined in SB1383 will be provided with a separate container for the separation
and collection of food waste and scraps. This material will be transferred through the SFS MRF or delivered
directly to the 24th Street High Diversion Facility located in Los Angeles for processing. At the 24th street
facility, the source separated organic material will be processed through the Anaergia OREX -500 for
separation of the organic material from the non-organic waste. Once the organic fraction is separated, it
will be delivered to the Anaergia Bio-Energy facility in Rialto for further conversion into renewable natural
gas (RNG) and as well as an organic rich fertilizer. This proposed program will yield a diversion rate of
approximately 85% of the organic material.
Co-collected Waste and Organics (food) Container from Residential Customers
UWS proposes a co-collection of waste and
organics (grey cart) from the residential
customers for delivery to our 24th Street High
Diversion Facility. This co-collection program
allows for the existing three (3) cart residential
program to remain in place without
contaminating the green waste by adding food
scraps. As mentioned above, our existing green
waste processing technology allows for the
processing and marketing of the source-
separated green waste material to many high
quality vendors.
The food waste and scraps would be placed in the waste cart (grey) where most of this material is going
today in order to ensure a high level of participation and the best opportunity to recover the organic
material. This material will be transferred through the SFS MRF or delivered directly to the 24th Street High
Diversion Facility located in Los Angeles for processing. At the 24th street facility, the waste with the
organic material will be processed through the Anaergia OREX-500 for separation of the organic fraction
from the non-organic waste. Once the organic fraction is separated, it will be delivered to the Anaergia
Bio-Energy facility in Rialto for further conversion into renewable natural gas (RNG) and as well as an
organic rich fertilizer. This proposed program will yield a diversion rate of approximately 50 to 60% of the
organic material.
Co-collected Waste and Organics (food) Container from Multi-family Customers
UWS proposes a co-collection of waste and organics from the multi-family customers for delivery to our
24th Street High Diversion Facility. This co-collection program allows for the existing collection of waste
Proposal for Integrated Waste Management Services City of Los Alamitos
60
from multi-family customers to remain in place and not require these customers to subscribe to a separate
program for the collection of organics. As you know, multi-family customers are traditionally transient in
nature and education is difficult and the programs are thus tough to manage. With this proposed program,
the food waste and scraps would be placed in the waste cart where most of this material is going today in
order to ensure a high level of
participation and the best opportunity
to recover the organic material. This
material will be transferred through the
SFS MRF or delivered directly to the 24th
Street High Diversion Facility located in
Los Angeles for processing. At the 24th
street facility, the waste with the organic
material will be processed through the
Anaergia OREX-500 for separation of the
organic fraction from the non-organic waste. Once the organic fraction is separated, it will be delivered
to the Anaergia Bio-Energy facility in Rialto for further conversion into renewable natural gas (RNG) and
as well as an organic rich fertilizer. This proposed program will yield a diversion rate of approximately 30
to 35% of the organic material.
Conversion to Renewable Natural Gas (RNG) and High Quality Fertilizer – Anaergia Energy
With mixed collection to AD, organics can be separated from MSW using Anaergia’s Organics Extrusion
Press (OREX) and fed to an anaerobic digester to generate renewable energy. This approach utilizes
existing infrastructure within the community to generate energy and fertilizer. In contrast, collecting
organics in source separated bins is more costly, adds trucks to the road, and sending organics to compost
facilities generates fertilizer that is volatile in value and thus causes capacity and tip fees to fluctuate
unpredictably. Mixed waste collection and processing at the High Diversion Facility leverages local and
existing anaerobic digestion infrastructure. This strategy avoids additional collection cost, new truck
routes, and reliance on human separation. This strategy also provides certainty in processing all organics
with reliable and long term fixed price capacity at Anaergia Energy Facility.
High Diversion Organic Processing.
i. Facility name & address UWS 24th Street Facility
2460 E. 24th Street
Los Angeles, CA 90016
Rialto BioEnergy Facility
503 E. Santa Ana Ave.
Rialto, CA 92376
ii. Owner / Operator UWS (a) Landowner:
City of Rialto
150 S. Palm Ave.
Rialto, CA 92376
(909) 820-2525
(b) Owner / Operator
Anaergia, Inc.
5780 Fleet Street, Suite 310
Carlsbad, CA 92008
Proposal for Integrated Waste Management Services City of Los Alamitos
61
(760) 436-8870
iii. Relationship to Proposer Proposer owned Contractual relationship
iv. CalRecycle SWIS # 19-AA-1251 36-AA-0446
v. Material processed Food waste Food Waste and Scraps
vi. Price per ton Available upon request
vii. Capacity guarantee UWS will guarantee adequate tonnage capacity for the City of Los
Alamitos to service the proposed franchise agreement.
viii. Estimated diversion rate See percentages list above
PROCESSING OF MIXED WASTE
UWS has provided a fully compliant program utilizing our company owned infrastructure. Our proposed
program will meet and exceed current regulations and provide the City with a fully complaint SB1383
program.
These facilities have been designed to provide additional process options if necessary to meet new
regulations and meet or exceed diversion requirements. If UWS needs to implement a mixed waste
processing option for customers that aren’t recycling, we will provide that service utilizing our Santa Fe
Springs Universal Resource Recovery Facility. The site is currently permitted for mixed waste processing,
but we are only utilizing the facility for source separated recycling. There will be no additional cost for the
customer for processing if the need is determined by UWS to meet the diversion requirements.
The have provide details on the mixed waste processing option in the Section titled Facility Description.
Proposal for Integrated Waste Management Services City of Los Alamitos
62
MINIMUM RECYCLING AND DIVERSION REQUIREMENTS
Universal Waste Systems Inc. has reviewed the Draft Franchise Agreement and understands the
requirement to divert recyclable material and organics from the landfill in order to ensure that the City
is in compliance with current legislation (AB939, AB341 and SB1383).
UWS encourages the City and the members of the review committee to pay close attention to
this section as it will provide the roadmap for the City to be in full compliance with all current
legislation.
We believe that the proposed programs offered by UWS are superior to the other competitors
and will ensure that the City meets its compliance obligations established by the CalReycle. UWS
as noted in the table below, will guarantee that the City reaches fifty (50) percent diversion of
the waste collected by our company under the Franchise Agreement.
Waste Stream
Annual
Tons
Collected
Annual Tons Diverted Tons
Diverted
as % of
Tons
Collected
Recycling
Organics C&D MRF Other Total
Diverted
Residential Cart
Refuse 2,352 470
- 470 20%
Residential Cart
Recyclables 624 530 530 85%
Residential Cart
Greenwaste/Food
Waste 804 788 788 98%
Commerical &
Mult-family
Refuse 6,216
2,176 2,176 35%
Commercial
Commingled
Recyclables 96 86 86 90%
Commercial
Organics 1,560
1,326 1,326 85%
Roll-Off Service 3,456
1,296
864 2,160 63%
Proposal for Integrated Waste Management Services City of Los Alamitos
63
Holiday Trees /
Bulky Items /
Neighborhood
Cleanups /
Special Events /
Other 1,380
690 690 50%
Total 16,488 617
2,584
1,296
3,040
690 8,227 50%
Proposal for Integrated Waste Management Services City of Los Alamitos
64
SECTION 12 – ENVIRONMENTAL RECORDS
Past and Pending Litigation
We identify two cases that are reportable as civil legal filings involving the Company, key personnel,
owners and officers, and Los Angeles County-based affiliates, which are currently pending, filed, settled,
or otherwise dispositioned during the last ten years.
There are no reportable misdemeanor, felony, or administrative legal filings.
Private Party Case related to a Government Filing (Dismissed in 2020)
Universal Waste Systems, Inc. (“UWS”) was one of a number of the haulers in the City of Los Angeles, all
of which operate under virtually identical contracts. An apartment owners association filed an action
objecting to those contracts. Accordingly, UWS was a party defendant, along with four other haulers, in a
case filed in Los Angeles County Superior Court, which was captioned as follows: Apartment Owners
Association of California, Inc., et al., v. Arakelian Enterprises, Inc., et al., Case Number BC 705056. The
parties plaintiff were (i) Apartment Owners Association of California, Inc.; Jasbir Dhillon; Gary Gillman;
Anita Haeggstrom, R.M.B. Advance German Car Specialties, Corp.; the parties defendant were Arakelian
Enterprises, Inc., Consolidated Disposal Service, L.L.C.; Calmet Services, Inc.; Universal Waste Systems,
Inc.; USA Waste of California, Inc. The defendants, including UWS, filed motions to challenge the validity
of the cases. The Court ordered dismissal on June 15, 2020.
While the City of Los Angeles was not a party to the foregoing case, that case was related to two cases in
which the City is a party, numbered as “Lead Case No. BC677423” (status: pending) and “Case No.
BC709658” (status: consolidated, non-lead case). Universal believes that it’s interest, and those of the
other haulers, were generally aligned with the City of Los Angeles, and not at odds.
CEQA Cases Re Proposed Transfer Station in Pomona (Settled in 2012)
The following three cases involved a challenge by the Coalition for Environmental Justice in Pomona
(“CEJP”) to the approvals granted and Final Environmental Impact Report certified by the City of Pomona
in June 2007 for a proposed transfer station project by Universal Waste Systems, Inc. (“UWS”). The parties
to the actions are as indicated in the titles of the cases, with the additions of UWS being named as the
Real Party in interest ion the 2007 Action, and CEPJ being an intervener in the 2010 Action and, it is
believed, having filed a brief in the Appeal. All of these cases were dismissed and abandoned with
prejudice pursuant to a Settlement Agreement and Releases, dated March 19, 2012. The settlement was,
in part, entered into in connection with a sale by UWS and its affiliates of their rights in the project and
certain other assets to a third party.
Coalition for Environmental Justice in Pomona v. City of Pomona, City Council of Pomona, Los Angeles
Superior Court Case No. BS 110029, filed on July 19, 2007 (the “2007 Action”); Universal Waste Systems,
Inc. v. City of Pomona and City Council of Pomona, Los Angeles Superior Court Case No. BS 128165, filed
on September 3, 2010 (the “2010 Action”); and Universal Waste Systems, Inc. v. City of Pomona and City
Council of Pomona, Los Angeles Superior Court Case No. B 234518, filed on July 23, 2011 (the “Appeal”).
Proposal for Integrated Waste Management Services City of Los Alamitos
65
SECTION 13 – CUSTOMER SERVICE
UWS roots are in the highly competitive nonexclusive franchise environment where customers are free to
change providers if service quality is not maintained. Quality customer service always has been and
continues to be of utmost importance to the Blackburn Family. Here the power of the personal guarantee,
a UWS Core Value, is exemplified by the hands-on involvement of the key management team members
to ensure that every single Customer complaint or simple inquiry is resolved to the complete satisfaction
of the Customer.
Our Customer Care Model
Customer-Initiated Contacts
At UWS, Customer service is a team effort. The ‘Customer service team’ consists of our Customer Care
Representatives, our Dispatchers, our Route Supervisors, and our Route Drivers.
UWS Customer Care Team
Our Customer Care Representatives receive Customer calls, message chats, and emails. They are well
versed in policies and procedures and able to answer questions. If a Customer contact involves a service
issue, a Service Order is generated through the Customer Record Management (CRM) system.
A central figure of the Customer care team is our Dispatch Office. Dispatch assigns service orders to the
appropriate route, monitors the status of open orders, and closes them out when completed.
Route Drivers receive service orders on their on-board screen, perform the work, and log the Service
Order action taken.
Customer Care
Rep.
Route
Driver
Route
Supervisor
Dispatch
Proposal for Integrated Waste Management Services City of Los Alamitos
66
Route Supervisors are our quality control inspectors. They follow-up to see that service orders are fulfilled
in a timely and quality manner. If warranted by the nature of the contact, the Route Supervisor will make
in-person contact with the Customer to ensure satisfaction.
Driver-Initiated Reports
Our Customer care model works in reverse as well.
Drivers report to Dispatch when there is an issue with service such as an inaccessible bin and then either
the Dispatcher or the Customer Care Representative will initiate contact with the Customer.
Documentation
Whether the Customer or our Driver initiates the contact, notes are added to the account so that any
Customer Care Representative accessing the account in the future has full access to the account history.
Fulfillment Policy
Our goal is to complete all service orders the same day that are received by 1:00 P.M.
If a Customer Care Representative cannot complete a Customer request during the call, the caller will be
advised that they can expect follow-up either before the end of that day or no later than the next business
day.
Jurisdiction Specific Information
Customer Care Representatives receive continuing education regarding the service, programs and policies
of the jurisdictions that we serve. Weekly briefings keep our representatives abreast of events and
changes upcoming in jurisdictions. In addition to the jurisdiction-specific information that appears on the
Customer record, each Customer Care Representative has at hand a database of common services, rates
& policies, and even the franchise agreement/contract, for each jurisdiction. These procedures will ensure
that the calling customer receives timely and accurate information from our Customer Care
Representative, ideally in one call.
Customer Care Center
Staffing
We operate a stand-alone Customer care center in our Orange and Los Angeles Counties offices staffed
by over twenty-five (25) representatives. The center operates Monday through Friday from 7:00 A.M. to
5:00 P.M. and 8:00 A.M. to 12:00 P.M. on Saturday. Peak staffing is provided Monday through Friday
between the hours of 8:00 A.M. and 4:00 P.M.
Hiring & Training
Hiring
We select Customer Care Representatives based on their positive attitude and their desire to help others.
One-Stop-Shop
Our goal is for our Customer Care Center to be a ‘One-Stop-Shop’. Besides addressing service questions
and issues, our Customer Care Representatives are trained to handle credits, adjustments, billing disputes,
opening and closing of accounts, service level changes, management or ownership changes, processing
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payments and enrolling the Customer in auto pay. They can also walk the Customer through the pay online
feature if assistance is needed.
Complaint Resolution Protocol
Customer Care Representatives are trained to follow our Customer Service Protocol:
The Customer Is Always Right
Every Customer inquiry or complaint is deemed urgent and legitimate until proven otherwise
Company resources should immediately be redirected to achieve an expedient resolution of the
matter
Some matters need to be moved to a more senior member if needed to expedite resolution
Relentless follow-up is expected to ensure resolution is achieved within 24 hours
Post resolution Customer feedback is crucial to constantly improving service quality
Customer Record Management System
We utilize the AMCS Tower Customer service software system for Customer record management.
Telephone System
We utilize the NEC9300 telephone communications platform.
The telephone system gives our Customer Care Team the ability to see the hold queue and respond access
the next up call. If all
The system is scalable and adaptable to the changes and growth of our business.
System Metrics
We are able to monitor call metrics system-wide and for individual jurisdictions. Telephony Metrics table
below is a real example of telephony metrics from our system.
Telephony Metrics
Metric Value Unit
Monthly average percent of calls answered within 60 seconds 99 %
Abandoned calls 1 %
Abandoned call rate, peak hours 1 %
Abandoned call rate, off-peak hours 0 %
Average amount of time it takes call center staff to complete
a customer support call/session, including documentation
(inbound) 3:14 Minutes
Average amount of time it takes call center staff to complete
a customer support call/session, including documentation
(outbound) 1:28 Minutes
Number of calls (inbound) 2,199 Number
Number of calls (outbound) 1,567 Number
Average call wait time 34 Seconds
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Average amount of time to respond to Customer inquiry via
the web, email, mobile app, etc. 7 Minutes
Average amount of time callers spend in agent-induced hold 3:48 Minutes
Percent of logged-in time spent in a ‘work’ state (for calls, a
work state is generally talk and after call work time) 8.4 %
Total number of contacts received for processing per day 2,219 Number
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SECTION 14 – RATES AND COSTS
All of the rates and costs for the proposal are included in a sealed envelope as required in the Request for
Proposal document. UWS has proposed one (1) pricing option, utilizing the County of Orange landfill
system for residual waste.
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SECTION 15 – OPERATION
EMPLOYMENT OF PRIOR CONTRACTOR EMPLOYEES
We recognize that the employees of the current contractor possess unique knowledge of the City and the
customers therefore we believe they would be beneficial to join our team.
We will offer employment opportunities for available positions to existing employees of the current
contractor that would otherwise be displaced.
(a) Non-Discrimination Policy
Our owners, management and employees treat each other equally and fairly and will not engage in
discrimination against anyone because of their actual or perceived race, color, religion, ancestry, national
origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity,
gender expression, or sexual orientation or as a member of any other protected class.
(b) Procedures
Offer of Employment
Following the award of the Franchise Agreement to UWS, we will post an opportunity to employ
individuals currently employed by existing service provider and deployed to service the City of Los
Alamitos. Any offer of employment will be subject to the potential employee meeting the company’s pre-
employment and screening requirements.
One-On-One Visit
Prospective employees are also invited to meet individually by appointment with a representative of our
Human Resources Department.
New Employee Orientation
We will host a mandatory New Employee Orientation for each qualified individual that joins our team.
The Orientation will be held approximately 15-30 days before we commence service. Employees will be
compensated for attending the orientation.
Training
In the week leading up to our commencing service, we will conduct mandatory off-hour training sessions
to familiarize transitioning employees with our procedures and technologies. Transitioning employees will
be compensated for attending training sessions.
(c) Limitations
The following are the only conditions to employment that will apply.
Available Positions
Employees of the prior contractor will be given hiring priority to fill available positions for City of Los
Alamitos. If sufficient positions are not available, we reserve the right to assign employees to a different
position or to another jurisdiction. If assigned to another jurisdiction, every attempt will be made for the
assignment to be within the same general area.
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Full-time Employees
To be considered for employment by us as a displaced worker, individuals must have been employed by
the current contractor and assigned full-time to the City of Los Alamitos for a minimum of ninety (90)
consecutive days.
Criminal Background & Driving Record Check
Offers of employment are conditioned upon our conducting a pre-employment background screening
investigation, which includes criminal and driving record history. Prospective employees must also prove
insurable by our provider.
Post Offer Physical Exam
Each prospective employee must pass a pre-employment physical examination, at our cost, to determine
fitness to perform the assigned work.
Drug Screening
For the safety of our employees and the public, it is important that we maintain a drug-free work
environment. Each prospective employee must pass a drug-screening test prior to employment. All safety-
sensitive positions are also subject to random drug screening while employed. Drivers of our equipment
are subject to post-accident drug testing in accordance with Department of Transportation guidelines.
Continued Employment
With good job performance, a job with UWS can become a career. Continued employment is conditioned
upon adherence to UWS policies and satisfactory job performance.
Seniority
When employed by UWS, employees will retain their years of service seniority as their original date of
employment by the previous contractor (subject to verification).
Wages & Benefits
When employed by UWS, employees will be offered the same wages and benefits as regular UWS
employees.
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SECTION 16 – EXCEPTIONS
UWS takes no exceptions to the RFP or the proposed Franchise Agreement.
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SECTION 17 – SB1383 COMPLIANCE
Background
AB 341 (Mandatory Commercial Recycling) – Requires commercial establishments (i.e., businesses
including public entities that generate 4 cubic yards or more of solid waste per week, and multi-family
complexes of 5 or more dwelling units) to arrange for recycling services (i.e., recycling of containers
and fiber products).
AB 827 (Recycling Containers) – Requires that businesses subject to AB 341 and AB 1826 and that are
frequented by the public must provide recycling containers for public use.
AB 1826 (Mandatory Commercial Organic Waste Recycling) – Requires businesses that generate 4 cubic
yards or more of commercial solid waste per week to arrange for organic waste recycling services.
SB 1383 (Organic Waste Methane Emissions Reduction – Requires a 75% reduction in the 2014 disposal
of organic waste including a 20% recovery edible food waste for human consumption.
Three key dates established by SB 1383 will occur during the term of the Franchise Agreement:
January 1, 2022. CalRecycle’s regulations to meet the organic waste reduction and the edible food
recovery targets take effect. Also, on this date, the enforcement provisions, including
penalties for noncompliance issued by the State, take effect.
January 1, 2024. CalRecycle’s regulations may require local jurisdictions to impose penalties for
noncompliance on regulated entities subject to their authority.
January 1, 2025. The State (and presumably each jurisdiction) must achieve 75% reduction in the
disposal of organic waste (from 2104 levels); and, not less than 20% of currently disposed
edible food must be recovered for human consumption.
Experience
RecycleLA, the City of Los Angeles’ Zero Waste program, was designed before SB 1383 was adopted and
yet the program anticipated what would become the State recycling and organic waste recycling mandate.
As a Contractor for RecyLA servicing the North East zone, we have been able to perfect our diversion
implementation plan, recruit and train our team, and hone our customer education and outreach skills.
Our Zero Waste team has extensive experience in assessing our customer needs, personalizing programs
and getting results. This implementation plan is a product of that experience.
Staffing
Our Zero Waste Team is made up of fourteen Zero Waste Account Representatives with public relations
skills and special training and expertise to personally assist Customers with tailoring solid waste services
that maximize the recovery of recyclable material and organics.
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Some of the UWS Zero Waste Team.
Hear our Zero Waste Account Representatives speak RecycLA:
https://youtu.be/vgfa-g1j870
Identification & Outreach
The first step in compliance begins with identifying the customer and assessing their waste and recycling
needs. We accomplish this by following the steps listed below.
Introductory Mailing
Forty-five days before the start of service, we will introduce the Recyclable and Organic Waste Recycling
Program to Commercial and Multi-family Customers with a direct mailing to each Customer.
Initial Visit
Ten days following the introductory mailing, members of our Zero Waste Team will begin making personal
visits with each account to introduce UWS services, confirm account information, perform a waste
assessment, and create a service order with new service recommendations. The initial visit is a very
important part of our outreach and education process.
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Outreach & Education
In the initial visit, Zero Waste Account Representatives will provide Customers with literature introducing
UWS and explaining Recycling, Organic Recycling, and Food Donation opportunities.
Confirm Account Information
Zero Waste account Representatives will verify the service and billing address, contact information, and
service levels.
Waste Assessment
In the waste assessment portion of the initial visit, Zero Waste Account Representatives will make
determinations about container location, container fullness on service days, use of recycling containers,
willingness to donate edible food (if applicable), and issues that might impede collections.
Another objective of the initial visit will be to explain ways that the Customer can reduce costs while
complying with diversion mandates.
During the initial visit, our Zero Waste Account Representatives will also make a determination regarding
the Customer’s compliance with AB 341, AB 1826 and AB 827. When compiled, these individual
determinations will become the City’s database for compliance monitoring, enforcement, and reporting
to CalRecycle.
When a Customer performs Recyclable or Organic Waste Recycling by self-hauling or through another
authorized provider (e.g., yard waste removal by a landscape maintenance contractor), this information
will be recorded.
Technology
Each member of our Zero Waste Account Team uses a Zero Waste Compliance Tool tablet application that
guides the account representative through the initial visit process. It will also be used for follow-ups,
monitoring, and enforcement procedures. The app allows the representative to attach photographs to
the Customer record. Sample screenshots of the app are provided.
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Zero Waste Compliance Tool tablet sample screenshots.
Monitoring
Compliance monitoring will be an ongoing procedure conducted by our Zero Waste Team. The monitoring
process will consist of two elements: (1) Enrollment monitoring; and, (2) Contamination monitoring.
Enrollment Monitoring
Accounts that do not enroll in the appropriate diversion services will be identified in monthly exception
reports generated for Zero Waste Team members to revisit the account and attempt to arrange services.
A listing of accounts that fail to enroll in required diversion services will that will be provided to the City
monthly for enforcement action.
Participation Monitoring
Accounts that are enrolled in recyclable and Organic Waste recycling services will be inspected on a
periodic basis to confirm their participation and inspect for container contamination in a procedure
referred to a lid flipping.
Customers not utilizing BLUE, GREEN or BROWN containers as intended will be personally contacted by a
Zero Waste Account Representative as an outreach and education measure. Customers who do not make
themselves available or who refuse to comply will be documented and the information will be shared with
the City.
If contamination of BLUE, GREEN or BROWN containers is found to be an issue, the Zero Waste Account
Representative will arrange a training session with the Customer to rectify the issues. Ongoing
contamination issues will incur extra charges and potential removal of containers resulting in the
Customer being reported to the City as not being in compliance.
All monitoring inspections and their outcomes are recorded in the Zero Waste Compliance Tool.
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Zero Waste Account Representatives documenting BLUE bin contents.
Reporting.
Within 30-days following the start of service and monthly thereafter, UWS will transmit a report to the
City identifying the following:
AB 341
o Total number of covered businesses
o Total number of exempt businesses
o Listing of exempt businesses
o Total number of covered businesses recycling
o Total number of covered businesses not recycling
o Listing of each business not recycling
o Total number of covered multi-family complexes
o Total number of exempt multi-family complexes
o Listing of exempt multi-family complexes
o Total number of covered multi-family complexes recycling
o Total number of covered multi-family complexes not recycling
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o Listing of each multi-family complex not recycling
AB 1826
o Total number of covered businesses
o Total number of exempt businesses
o Listing of exempt businesses
o Total number of covered businesses recycling organic waste
o Total number of covered businesses not recycling organic waste
o Listing of each business not recycling organic waste
o Total number of covered multi-family complexes
o Total number of exempt multi-family complexes
o Listing of exempt multi-family complexes
o Total number of covered multi-family complexes recycling organic waste
o Total number of covered multi-family complexes not recycling organic waste
o Listing of each multi-family complex not recycling organic waste
AB 827
o Total number of businesses
o Total number of exempt businesses
o Total number of businesses in compliance
o Total number of businesses not in compliance
o Listing of each business not in compliance
Enforcement
UWS will support City’s enforcement efforts and assist with follow-up outreach and education efforts as
necessary.
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ORGANIC WASTE RECOVERY PROGRAM
Our preferred collection system is a hybrid, Two-Container AND Three-Container Collection System:
Three-Container Collection System (SB1383 Compliant)
Subscribers
The three-container collection system will be used for collections from:
Residential premises,
Multi-Family dwellings that do not have bin collection, and
Commercial premises that are NOT food preparation or eating establishments.
Containers
(Note: All references to a container of a particular color means the color of lid.)
In the Three-Container Collection System, waste generators will be provided three collection containers:
1. A GREY container for disposed refuse;
2. A BLUE container for diversion of commingled recyclables including paper products; and,
3. A GREEN container for diversion of yard waste and organics including food scraps.
In the Three-Container Collection System, ‘containers’ will be industry-standard Carts, Bins, Roll-Off
Boxes, or Stationary Compactors appropriate for the subscriber (Container specifications are described in
greater detail elsewhere in this Proposal.):
Waste generators receiving collections from Carts will generally be:
o Residential premises subscribing to individual collection,
o Multi-Family dwellings, generally with fewer than five dwellings and subscribing to
individual collection, and
o Commercial premises generating low volumes or that are unable to subscribe to bin
service due to a lack of bin enclosure space.
Waste generators receiving collections from Bins will generally be:
o Multi-Family complexes generally with five or more dwellings, and
o Commercial premises that are NOT food preparation or eating establishments.
Waste generators receiving collections from Roll-Off Boxes and Stationary Compactors will
generally be Commercial establishments generating large volumes of Solid Waste destined for
disposal, source-separated Recyclables, including paper products, and/or source-separated Yard
Waste.
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Comprehensive List of Organic Waste
Three-Container Organic Waste Recycling
ACCEPTED MATERIAL
PROHIBITED MATERIAL
GREY Container
General Solid Waste not containing
recyclable or organic waste
All recyclable materials and organic waste
BLUE Container
All paper products, cardboard, hard
recyclables including glass, tin cans,
aluminum cans, plastics 1-7, film plastic
etc.
All refuse and organic waste
GREEN Container
Yard waste including trimmings & grass
clippings, food and food scraps and
other organic wastes
All recyclable materials
Customer In-House Preparation of Organic Waste
Customers disposing of Organic Waste in the Three-Container Collection System will be required to adhere
to the following in-house preparations:
GREY container:
o General solid waste that is not accepted in the blue or green containers.
BLUE container:
o Source-separated Commingled Recyclables including paper products, cardboard, glass,
aluminum and tin cans, plastics 1-7 and other recyclable materials
GREEN container:
o Yard and Green Waste must be placed in the container un-bagged and untied.
o No special preparations; any Food Waste and Food Scraps are acceptable; Food Waste
should not be placed in bags;
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Two-Container Collection System (SB1383 Compliant)
Subscribers
UWS is offering a Two-Container Collection System for the collection from Commercial and Multi-family
premises that are not food preparation or eating establishments that generate significant volumes of Food
Waste. This system will rely on the Organic Processing system that is described in Section 3 – Facility
Description.
As mentioned in the facility section, we will utilize the OREX-500 to press the organic fraction from the
mixed solid waste stream and ship it to the Anaergia AD facility located in Rialto where it will be made
into Renewable Natural Gas (RNG) and high quality soil amendment. This proposed system will allow
businesses and multi-family complexes with limited space for containers to have a compliant system that
only requires two containers.
Containers
In the Two-Container Collection System, waste generators will be provided two collection containers:
1. A GREY container for disposed Refuse, Food Waste and Scraps;
2. A BLUE container for source-separated commingled Recyclable Materials
As previously stated, ‘containers’ will be industry-standard Carts, Bins, Roll-Off Boxes, or Stationary
Compactors as appropriate for the subscriber.
Comprehensive List of Organic Waste
The chart on the following page identifies the Organic Waste ‘Accepted’ and ‘NOT Accepted’ in the Two-
Container Collection System.
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Two-Container Organic Waste Recycling
ACCEPTED MATERIAL
PROHIBITED MATERIAL
GREY Container
General refuse including all food waste and
food scraps as well as other organic
materials
All recyclable materials
BLUE Container
All paper products, cardboard, hard
recyclables including glass, tin cans,
aluminum cans, plastics 1-7, film plastic
etc.
All refuse and organic waste
Source Separated Collection of Organic Waste (SB1383 Compliant)
UWS is proposing source separated collection of organics (food waste and scraps) from customers that
generate amounts sufficient to support separate collection and have adequate space for a separate
container. In these cases, UWS will provide various carts and/or bins for the collection of organic material.
As noted, this material would be collection and shipped to our Organic Processing facility for extraction
of material to be shipped to the Anaergia AD facility.
Proposed Container Sizes
32 gallon automated organic cart
64 gallon automated organic cart
2 yard front loader organic bin
All carts and containers are available to be collected on multiple days per week.
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RECYCLABLES AND ORGANIC MATERIALS
ACCEPTED MATERIAL PROHIBITED MATERIAL
Plastic Recycling
Milk jugs
Water & soda containers
Shampoo, soap, detergent bottles
Metal Recycling
Aluminum beverage cans
Food cans
Aerosol cans, completely empty
Glass Recycling
Beverage containers
Food jars
Paper Product Recycling
Printing & writing paper
Newspaper
Egg cartons
Envelopes
Junk mail
Phone books
Brochures
Magazines
Ream wrapping paper
Cardboard Recycling
Cardboard boxes (flattened)
Cereal boxes
Frozen food boxes
Poster board
File folders
Paper towel roll core tubes
Shoe boxes
Toilet paper roll core tubes
Wood Recycling
Clean lumber
Appliances
Batteries
Bubble wrap
Christmas lights
Coat hangers
Diapers
Electrical cords
Facial tissue
Food stained pizza boxes
Food waste
Food wrap
Garden hoses
Napkins
Padded envelopes
Paper towel
Pet waste
Plastic bags
Polystyrene
Receipts
Rubber balls
Sports equipment
Sticker-backed paper
Stuffed animals
Syringes/razor blades
Tires
Toys
Waxed cartons
Yard waste
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ACCEPTED MATERIAL PROHIBITED MATERIAL
Green Waste/Landscaping
Grass clippings
Leaves
Branches/twigs
Clean lumber (untreated, unpainted,
in small pieces only)
Food Discards
All vegetables
All fruit
Egg shells
Coffee grounds (paper filters ok)
Tea Bags (paper only)
Meat, bones
All bread products
All grains
Food soiled napkins, paper towels
Painted or composite Wood
Palm Fronds
All food containers
Plastic packaging
Polystyrene
All Bioplastics (cutlery, cups, bags)
Grease
Pet waste
Human waste
Feminine Products
Waxed cardboard
Plastic lined paperboard containers
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FOOD RESCUE AND DONATION PROGRAM
Identification and Outreach
Introductory Mailing
Our introductory mailing to all Commercial Customers about the transition to UWS services will include
information about food recovery and the requirements for covered Commercial Customers.
Initial Visit
When our Zero Waste Account Representatives conduct their initial site visits to arrange service with
UWS, they will categorize customers that generate food waste as ‘Covered’ or ‘Not Covered’ by the
Regulations.
Covered establishments will be further categorized as ‘Tier One’ or ‘Tier Two’ food establishments.
Tier One Commercial Edible Food Generators (supermarkets, grocery stores > 10,000 sq. ft., food
service providers, food distributors, wholesale food vendors); and,
Tier Two Commercial Edible Food Generators (restaurants > 250 seats or > 5,000 sq. ft., Hotels
with an on-site food facility and > 200 rooms, health facilities with an on-site food facility and >
100 beds, large venues, large events, state agencies > 250 seats or > 5,000 sq. ft., local education
agencies with an on-site food facility.
During the initial visit, covered Tier One Customers will be provided a handout explaining food recovery
requirements and opportunities.
Follow-Up Visits
During the calendar quarter January through March 2022 and annually thereafter, our Zero Waste
Account representatives will perform follow-up visits with Covered Tier One Edible Food Generators (to
again disseminate a food recovery brochure and assist establishments not yet connected with food
recovery outlets with making those connections.
Beginning with the calendar quarter January through March 2023 and annually thereafter, Covered Tier
Two Edible Food Generators will be added to the follow-up visits.
Ongoing Outreach
Commencing January 1, 2022, and annually thereafter, we will provide Tier One Commercial Edible Food
Generators with:
Information about the Edible Food Recovery Program;
Information about requirements of generators under 14 CCR Chapter 12 article 10;
Information about Food Recovery organizations and services; and,
Information about actions that generators can take to prevent Food waste.
Commencing January 1, 2024, the above distribution will be expanded to include Tier Two Commercial
Edible Food Generators
This information will be distributed as billing inserts or with other regularly disseminated information.
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Food Recovery Network
As a result of our work in other jurisdictions, we have on-going working relationships with a network of
food rescue and recovery organizations who are expert in the laws, logistics, and recipient matching
necessary for successful programs.
Compliance Reviews & Reporting
By January 1, 2023, and annually thereafter, our Zero Waste Account Representatives will conduct
compliance reviews of each covered Tier One Commercial Edible Food Generator.
Our annual report to the City of the annual compliance reviews will include:
Total number of covered establishments, by type;
Total number of covered establishments in compliance, by type;
Total number of covered establishments not in compliance, by type;
Listing of covered establishments not in compliance, by type; and,
Barriers to compliance as reported by covered establishments.
Commencing January 1, 2024, and annually thereafter, we will complete a report to the City the
compliance status of Tier Two Commercial Edible Food Generators as follows:
Total number of covered establishments, by type;
Total number of covered establishments in compliance, by type;
Total number of covered establishments not in compliance, by type;
Listing of covered establishments not in compliance, by type; and,
Barriers to compliance as reported by covered establishments.
Enforcement
We will support the City of Los Alamitos with enforcement of its Food Recovery regulations by conducting
investigations of individual edible food generator’s compliance upon written direction by the County. Such
investigations will be completed within ninety (90) days of receipt of the complaint or request.
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PROCUREMENT OF RECOVERED ORGANIC WASTE PRODUCTS
SB 1383 Requirement
Article 12 of the proposed Short-Lived Climate Pollutants regulations requires a jurisdiction to procure
organic waste products directly, or through a service provider (Contractor), at or above the target
established by CalRecycle.
Procurement Target
The CalRecycle-proposed procurement target is 0.08 tons (160 pounds) per resident per year, adjusted
annually based upon the California Department of Finance published population estimate for the cities or
counties, and is recalculated annually. [18993.1]
Programs
Compost Giveaway Program
In accordance with Agreement, we will deliver one 40-cubic yard Roll-Off load of finished compost to a
site specified by the county for residents to fill their own containers on a first -come, first-served basis at
no additional cost.
City Facilities Program
We will deliver, at no cost to City or customers, bulk recovered organic waste product of the type and
volume to any county Facility(ies) directed by City for its own use or for giveaway. The City shall be
responsible for the cost of storing, distributing, and applying the recovered organic waste product.
Assumptions
Density Conversion
One ton of bulk compost or bulk mulch equals 1.45 cubic yards [18993.1].
Product Application
Finished compost is typically used as an amendment tilled into the soil for enhancing soil structure,
preventing soil compaction, and building organic matter, and applied 2 to 3 inches and worked into the
soil at a depth of about 6 inches.
(An application of 3 inches of bulk compost per acre equals approximately 403.3 cubic yards.)
Mulch is typically used as a soil covering to control weeds and retain moisture in non-turf areas and
applied over bare spoil at a depth of 3 to 4 inches.
(An application of 4 inches of bulk mulch per acre equals approximately 532.4 cubic yards.)
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Record Keeping
We will maintain a record of recovered organic products provided to the City through the above described
programs, including the delivery dates, delivery locations, number of loads, cubic yards, and tons of
recovered organic product.
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SECTION 18 - PROPOSAL ENHANCEMENTS
Youth Scholarships Program: UWS proposes to provide scholarships in the amount of $10,000.00
per year to City of Los Alamitos seniors for college that live in the zones awarded to UWS.
Community Non Profit/ Youth Organizations Donation: UWS will include $10,000.00 per year in
donations to local nonprofits and youth organizations in the City of Los Alamitos to be used at the
City Council Discretion.
Free Portable Restrooms: UWS will provide FREE portable restrooms and hand sinks for all City of
Los Alamitos sponsored events within our service area.
Free Compost and Mulch: UWS will provide FREE compost and mulch for all City parks, medians,
and City funded projects in the City of Los Alamitos.
Proposed Residential Rates
PRICING ITEM Proposed Monthly Rate
Curbside Grey-Blue-Green - 35 gallon cart (Senior)12.18$
Curbside Grey-Blue-Green - 65 gallon cart (Senior)12.56$
Curbside Grey-Blue-Green - 65 gallon cart 12.95$
Curbside Grey-Blue-Green - 95 gallon cart 12.95$
Curbside Two-Cart Grey-Green - 65 gallon cart 16.45$
Curbside Two-Cart Grey-Green - 95 gallon cart 16.95$
Extra Grey Cart (Trash) - 65 or 95 gallon 7.00$
Extra Blue Cart (Recycling) - 65 or 95 gallon 5.50$
Extra Green Cart (Organics) - 65 or 95 gallon 7.00$
# of Free Bulky Item Collections Per Year 4
# of Bulky Items Allowed for Each Free Collection 4
Bulky Items - Additional Collections 45.00$
# of Bulky Items Allowed for Each Such Collection 4
HHW Collections - # Per-Year (Please list of limitations separately)4
HHW Collection Charge Per Unit Receiving Service 0.95$
Cart Contamination Charge (after 1 warning tickets)N/C
Cart Contamination Charge (after 2 warning tickets)$15.00
Cart Contamination Charge (after 3 warning tickets)$30.00
Residential Clean-Up Bin (3 cubic-yards)95.00$
Clean-Up Bin Per-Exchange 95.00$
Residential Clean-Up Box (20 to 40 cubic-yards)$550.00
Res Clean-Up Box (20 to 40 cubic-yards) Over 5 tons @ $65/ton
Additional Residential Charge Item*
Residential rates are applicable to all single and multi-family properties of 4 units
or less that subscribe to cart service..
CITY OF LOS ALAMITOS
RFP PRICING MATRIX
RATES EFFECTIVE JANUARY 1, 2022
RATES ARE ALL INCLUSIVE (SUBSTITUTE SIZE IF APPLICABLE)
* Please list and describe any additional residential charge item you wish to have included and the
per-unit/service cost for each. You may add as many as you believe are necessary. Please
highlight and clearly mark any service that is an alternate to pricing items above.
Proposed Commercial Rates
Three Container System
PRICING ITEM New Rate/Month
3-YARD GREY BIN (Trash) 1X PER WEEK 135.00$
3-YARD GREY BIN 2X PER WEEK 247.92$
3-YARD GREY BIN 3X PER WEEK 338.82$
3-YARD GREY BIN 4X PER WEEK 424.15$
3-YARD GREY BIN 5X PER WEEK 509.93$
3-YARD GREY BIN 6X PER WEEK 594.89$
3-YARD BLUE BIN (Recycle) 1X PER WEEK 77.89$
3-YARD BLUE BIN 2X PER WEEK 121.20$
3-YARD BLUE BIN 3X PER WEEK 165.65$
3-YARD BLUE BIN 4X PER WEEK 207.37$
3-YARD BLUE BIN 5X PER WEEK 249.30$
3-YARD BLUE BIN 6X PER WEEK 290.87$
35-GALLON GREEN CART (Organics) 1X PER WEEK 48.16$
35-GALLON GREEN CART 2X PER WEEK 96.33$
65-GALLON GREEN CART 1X PER WEEK 49.65$
65-GALLON GREEN CART 2X PER WEEK 99.31$
65-GALLON GREEN CART 3X PER WEEK 148.96$
65-GALLON GREEN CART 4X PER WEEK 198.61$
65-GALLON GREEN CART 5X PER WEEK 248.27$
65-GALLON GREEN CART 6X PER WEEK 297.92$
2-YARD GREEN BIN (Organics) 1X PER WEEK 49.65$
2-YARD GREEN BIN 2X PER WEEK 99.31$
2-YARD GREEN BIN 3X PER WEEK 148.96$
2-YARD GREEN BIN 4X PER WEEK 198.61$
2-YARD GREEN BIN 5X PER WEEK 248.27$
2-YARD GREEN BIN 6X PER WEEK 297.92$
CITY OF LOS ALAMITOS
RFP PRICING MATRIX
RATES EFFECTIVE JANUARY 1, 2022
RATES ARE ALL INCLUSIVE
Two Container System
PRICING ITEM New Rate/Month
3-YARD GREY BIN (Trash & Recycle Mix) 1X PER WEEK 162.00$
3-YARD GREY BIN 2X PER WEEK 297.50$
3-YARD GREY BIN 3X PER WEEK 406.58$
3-YARD GREY BIN 4X PER WEEK 508.98$
3-YARD GREY BIN 5X PER WEEK 611.92$
3-YARD GREY BIN 6X PER WEEK 713.87$
35-GALLON GREEN CART (Organics) 1X PER WEEK 48.16$
35-GALLON GREEN CART 2X PER WEEK 96.33$
65-GALLON GREEN CART 1X PER WEEK 49.65$
65-GALLON GREEN CART 2X PER WEEK 99.31$
65-GALLON GREEN CART 3X PER WEEK 148.96$
65-GALLON GREEN CART 4X PER WEEK 198.61$
65-GALLON GREEN CART 5X PER WEEK 248.27$
65-GALLON GREEN CART 6X PER WEEK 297.92$
2-YARD GREEN BIN (Organics) 1X PER WEEK 226.94$
2-YARD GREEN BIN 2X PER WEEK 453.88$
2-YARD GREEN BIN 3X PER WEEK 680.82$
2-YARD GREEN BIN 4X PER WEEK 907.75$
2-YARD GREEN BIN 5X PER WEEK 1,134.69$
2-YARD GREEN BIN 6X PER WEEK 1,361.63$
Commercial Rates - Other Services & Items
PRICING ITEM New Rate/Month
3-YARD GREEN WASTE ONLY BIN 1X PER WEEK 159.31$
3-YARD GREEN WASTE ONLY BIN 2X PER WEEK 247.92$
3-YARD GREEN WASTE ONLY BIN 3X PER WEEK 338.82$
3-YARD GREEN WASTE ONLY BIN 4X PER WEEK 424.15$
3-YARD GREEN WASTE ONLY BIN 5X PER WEEK 509.93$
3-YARD GREEN WASTE ONLY BIN 6X PER WEEK 594.89$
Additional Commercial Charge Item*
Additional Commercial Charge Item*
Commercial rates are applicable to all business and multi-family properties of 5 units
or more, and smaller multi-family properties that subscribe to bin service.
* Please list and describe any additional commercial charge item you wish to have included and the per-
unit/service cost for each. You may add as many as you believe are necessary. Please highlight and
clearly mark any service that is an alternate to pricing items above.
Proposed Industrial Rates
Recurring Services
PRICING ITEM New Rate/Month
SMALL COMPACTOR (Trash - 20 cubic-yards or less) PER PICK-UP 537.50$
MAXIMUM WEIGHT IN TONS 5
PER-TON CHARGE FOR OVERAGE 55.00$
LARGE COMPACTOR (Trash - 21 cubic-yards or more) PER PICK-UP 647.50$
MAXIMUM WEIGHT IN TONS 7
PER-TON CHARGE FOR OVERAGE 55.00$
GREY ROLL-OFF CONTAINER (20 to 40 cubic yards) PER PICK-UP 537.50$
MAXIMUM WEIGHT IN TONS 5
PER-TON CHARGE FOR OVERAGE 55.00$
BLUE ROLL-OFF CONTAINER (20 to 40 cubic yards) PER PICK-UP 387.50$
GREEN ROLL-OFF CONTAINER (20 to 40 cubic yards) PER PICK-UP 587.50$
GREEN WASTE ONLY ROLL-OFF CONTAINER PER PICK-UP 587.50$
Temporary Services
PRICING ITEM New Rate/Month
GREY ROLL-OFF CONTAINER (20 to 40 cubic yards) PER PICK-UP *
Includes trash with C&D Debris 587.50$
MAXIMUM WEIGHT IN TONS 5
PER-TON CHARGE FOR OVERAGE 65.00$
BLUE HIGH-SIDE ROLL-OFF CONTAINER (to 40 cubic yards) PER PICK-UP
* Clean mixed debris only.587.50$
MAXIMUM WEIGHT IN TONS 5
PER-TON CHARGE FOR OVERAGE 65.00$
BLUE LOW-BOY ROLL-OFF CONTAINER (10 cubic yards) PER PICK-UP
* Clean mixed debris only 782.50$
MAXIMUM WEIGHT IN TONS 8
PER-TON CHARGE FOR OVERAGE 65.00$
BLUE HIGH-SIDE ROLL-OFF CONTAINER (to 40 cubic yards) PER PICK-UP
* One material type only.587.50$
MAXIMUM WEIGHT IN TONS 5
PER-TON CHARGE FOR OVERAGE 65.00$
BLUE LOW-BOY ROLL-OFF CONTAINER (10 cubic yards) PER PICK-UP
* One material type only 782.50$
MAXIMUM WEIGHT IN TONS 8
CITY OF LOS ALAMITOS
RFP PRICING MATRIX
RATES EFFECTIVE JANUARY 1, 2022
Specify tons included in base rate and per-ton charges as applicable
PER-TON CHARGE FOR OVERAGE 65.00$
GREEN WASTE ONLY ROLL-OFF CONTAINER PER PICK-UP 587.50$
3-YARD GREY BIN (Trash & Recycle Mix) 1X PER WEEK 162.00$
3-YARD GREY BIN 2X PER WEEK 297.50$
3-YARD GREY BIN 3X PER WEEK 406.58$
3-YARD GREY BIN 4X PER WEEK 508.98$
3-YARD GREY BIN 5X PER WEEK 611.92$
3-YARD GREY BIN 6X PER WEEK 713.87$
3-YARD BLUE BIN (Mixed Debris or Single Material) 1X PER WEEK 77.89$
3-YARD BLUE BIN (Mixed Debris or Single Material) 2X PER WEEK 121.20$
3-YARD BLUE BIN (Mixed Debris or Single Material) 3X PER WEEK 165.65$
3-YARD BLUE BIN (Mixed Debris or Single Material) 4X PER WEEK 207.37$
3-YARD BLUE BIN (Mixed Debris or Single Material) 4X PER WEEK 249.30$
3-YARD BLUE BIN (Mixed Debris or Single Material) 6X PER WEEK 290.87$
Industrial Rates - Other Services & Items
PRICING ITEM New Rate/Month
Additional Industrial Charge Item (No MSW in Blue Bin Program Above)
Additional Industrial Charge Item*
* Please list and describe any additional Industrial charge item you wish to have included and the per-
unit/service cost for each. You may add as many as you believe are necessary. Please highlight and
clearly mark any service that is an alternate to pricing items above.
Industrial rates are applicable too all recurring commercial compactor/ roll-off service and all non-
residential temporary service.