CC SR 20220118 04 - SB1383 Regulatory Compliance Amendment w EDCO (Updated 20220118 with Attachments)
CITY COUNCIL MEETING DATE: 01/18/2022
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to approve an amended and restated f ranchise
agreement for solid waste collection with EDCO Disposal Corporation.
RECOMMENDED COUNCIL ACTION:
(1) Receive and file a summary report on the organics recycling and methane
reduction requirements of Senate Bill No. 1383 (SB 1383):
(2) Approve an amended and restated franchise agreement for solid waste collection
with EDCO Disposal Corporation to implement expanded services and new solid
waste rates in response to SB 1383 effective on April 1, 2022;
(3) Authorize Staff to issue a public notice to all residents, pursuant to Proposition 218,
regarding the new solid waste rates proposed to become effective on April 1, 2022
in response to SB 1383-related services; and,
(4) Set a public hearing on March 15, 2022, pursuant to Proposition 218, for the City
Council to receive public comments and consider approving the new solid waste
proposed rates.
FISCAL IMPACT: The cost for printing and mailing notices pursuant to Proposition 218
is approximately $20,000; which is in the Fiscal Year 2021-22 budget.
Amount Budgeted: $20,000
Additional Appropriation: N/A
Account Number(s): 213-400-0000-4311 $6,500
[Waste Reduction- Postage]
213-400-0000-5102 $7,500
[Waste Reduction- Advertising]
213-400-0000-5103 $6,000
[Waste Reduction- Printing]
ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst
REVIEWED BY: Ramzi Awwad, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Restated and Amended Franchise Agreement with EDCO Disposal Corporation
(page A-1)
B. Notice of Proposed Solid Waste Rate Adjustments and Public Hearing (page B-1)
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BACKGROUND:
The City’s solid waste and recycling contractual services are separated by residential
services (including multi-family) and commercial services. Tonight, there are two separate
items on the City Council’s agenda that pertain to each of these solid waste and recycling
services. This staff report, under Regular Business, discusses residential services and
multi-family services provided by the City’s current residential services contractor. A
separate City Council agenda item, under Consent Cale ndar, discusses commercial
services provided by multiple vendors.
In 2009, the City competitively procured a franchise agreement for solid waste collection
and processing (Agreement) with EDCO Disposal Corporation (EDCO). Under the terms
of the Agreement, EDCO was granted the right to provide exclusive service to all single-
family and multi-family customers in the majority of the City (Service Area 1). At that time,
a small section of the City (the Portuguese Landslide A rea, designated as Area 2) was
served by another waste hauler, Universal Waste Services.
In 2015, EDCO acquired Universal Waste Services’ route in Area 2. As a result, EDCO
became the City’s only residential waste hauler. Also in 2015, the City amended EDCO’s
Agreement to provide brush clearing events, modify the rate adjustment method, and
require EDCO to oversee the City’s street-sweeping contract. The 2015 amendment also
extended EDCO’s Agreement and included additional seven one-year extensions (based
on mutual consent) starting on July 1, 2020.
The scope of EDCO’s Agreement covers only single-family and multi-family residential
customers. The City provides for solid waste collection to commercial customers through
separate non-exclusive franchise agreements with seven waste haulers (one of which is
EDCO). These seven franchise agreements are proposed to be amended extending the
term through December 31, 2022 as a separate item on tonight’s agenda under the
Consent Calendar.
The term of the City’s Agreement with EDCO currently extends to June 30, 2023. In light
of new regulations enacted by the State of California via SB 1383, effective as of January
1, 2022, the City Council is being asked this evening to make changes to its residential
solid waste collection program by amending the existing Agreement with EDCO. The
City’s negotiations with EDCO were conducted in conjunction with the City Council Solid
Waste Subcommittee (Subcommittee), comprised of Mayor Bradley and Mayor Pro Tem
Ferraro, who endorse the Staff recommendations.
DISCUSSION:
1. Receive and File a Summary Report on SB 1383
SB 1382 has significant impacts on requirements for residential (and commercial haulers)
in the City as it relates to collection, processing, contamination monitoring, education, and
reporting. Due to its complexity, the following summarizes the intent of SB 1383 and the
regulatory changes that warrant amending the existing Agreement with EDCO.
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SB 1383 – Short-lived Climate Pollutants
In 2016, the State of California adopted SB 1383, which establishes methane emission
reduction targets of 50% of the 2014 levels by 2020, and a 75% reduction by 2025. The
state’s reason for creating SB 1383 is that the state believes that methane, which is
emitted when organic waste buried in landfills decomposes, contributes significantly to
global warming. SB 1383 became effective on January 1, 2022. SB 1383 is the most
significant change in solid waste regulations in California since 1989.
Under the requirements of SB 1383, all cities in the state are required to:
• Ensure that their waste haulers provide organics collection service, including the
collection of food waste from single-family residential customers.
• Conduct periodic education and outreach to all waste generators, including
generators of edible recoverable food.
• Ensure haulers implement specific practices to minimize contamination.
• Procure a minimum quantity of recovered organic waste products.
• Enhance existing edible food recovery programs to reduce the amount of
recoverable edible food sent to landfills.
• Develop inspection and compliance programs to ensure that waste generators
fulfill the requirements of the state’s recycling requirements.
• Prepare and submit annual compliance reports to CalRecycle.
Increased Cost of Processing Food Scraps Placed in Green Waste Carts
Under SB 1383, all jurisdictions must provide organics collection, including the ability for
single-family customers to place household food waste in their green waste carts. Food
waste has unique properties (high moisture content, low physical structure) that are
different from green waste (leaves, grass and yard trimmings). As a result of these
differences, it is more costly to process and compost green waste that includes food
waste. Not all composting facilities that accept green waste are permitted to accept green
waste that includes food waste. Those composting and processing facilities that are
permitted to accept green waste mixed with food waste have higher tipping /gate fees (the
price per ton to place material in a facility). As a result, the state’s requirement under SB
1383 that all jurisdictions must accept food waste in green waste carts is a significant
driver in the cost of organics collection.
2. Amended and Restated Franchise Agreement for Solid Waste Collection
On April 20, 2021, the City Council considered the requirements of SB 1383, and directed
Staff to enter into negotiations with EDCO for an updated Agreement that would address
the requirements of SB 1383. The City Council requested that Staff address some
additional issues in its negotiations with EDCO. These additional issues included:
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• A medical waste roundup event
• A potential Peninsula-wide solid waste contract
• Combining the City’s residential and commercial solid waste contracts
• Using recycled food waste as mulch on City trails/medians
• The potential future use of the site of the former Palos Verdes Landfill for an
organics recycling facility
In July 2021, EDCO submitted a proposal to the City, which was reviewed by Staff and
MSW Consultants, the consultant retained by the City to assist with SB 1383
implementation. In October 2021, Staff and MSW Consultants met with the Subcommittee
and discussed EDCO’s proposal.
Based on the Subcommittee’s feedback, a counteroffer was presented to EDCO in
November 2021. EDCO responded with a revised proposal which was discussed at a
second Subcommittee meeting on January 7, 2022. Shortly thereafter, City Staff
(including the Subcommittee) and EDCO agreed to terms of an amended and restated
Agreement to implement SB1383 (Attachment A), which incorporates the negotiated rates
and terms, for consideration by the City Council.
Key Terms of Proposed Agreement
The key terms and services included in the Agreement are outlined in Table 1 below.
Table 1 - Key Terms of Proposed Restated and Amended Agreement
Term of Agreement
Initial term will be for approximately seven years from April 1, 2022
through June 30, 2029. An option for an additional five-year term is
included upon mutual consent.
Peninsula-Wide
Solid Waste
Contract*
A Peninsula-wide waste contract is not possible at this time because of
varying expiration dates of existing contracts for the Peninsula cities.
The current expiration dates of the contracts for Rolling Hills and for
Rolling Hills Estates is June 30, 2029. The contract in Palos Verdes
Estates is set to end on June 30, 2022. Palos Verdes Estates is
currently in negotiations with its waste hauler.
The negotiated term coincides with the expiration dates of Rolling Hills
and Rolling Hills Estates contracts, setting the stage for the possibility
of a future combined contract. When any Peninsula city considers
joining the City in a multi-jurisdictional agreement, EDCO will identify
savings and economies of scale to reduce rates or slow the growth of
operating costs.
Combined
Residential and
Commercial
Contract*
Both parties agree to begin good faith negotiations in three years for
EDCO to take over exclusive service for the commercial sector, after
the required five-year notice of non-extension to existing commercial
haulers runs its course.
Effective Date The Agreement will become effective on January 18, 2022 (or as soon
thereafter as the City and EDCO duly execute the Agreement). New SB
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1383-compliant services will begin on April 1, 2022. Residents will then
be able to place organics in the green waste carts. Small kitchen
caddies will be provided to interested customers upon request.
Rate Adjustment
for Fiscal Year
2021-2022
EDCO will forego the single-family customer Consumer Price Index
(CPI) rate increase to which it was entitled in July of 2021 until April of
2022.
Rate Freeze The approved rates will be for a period of 15 months, from contract
approval until June 30, 2023.
New Rates
The new single-family rates will increase by 15.6% to cover the
additional cost of organics waste collection and recycling, and related
program implementation.
New Trucks EDCO will operate a fleet of new “near-zero” engine trucks utilizing
renewable natural gas (RNG).
Discounts Both parties agree to clarify the calculation for multiple discounts
available to customers.
Rate Adjustment
Methodology
Both parties agree to consider a simplified annual rate adjustment
methodology in accordance with solid waste industry standards.
Processing and
Disposal Facilities
EDCO will secure access to organics processing capacity. Both parties
agree to discontinue taking a portion of the City’s waste to Southeast
Resource Recovery Facility in Long Beach to help reduce disposal
costs and customer rates.
Public Outreach
and Education
EDCO will provide extensive public outreach and education to inform
customers of the new program, including multi-family technical
assistance and personal site visits.
Monitoring,
Recordkeeping
EDCO will monitor compliance, conduct enforcement, and keep a
database for SB 1383 reporting on behalf of the City.
Annual City Fees
and Rebate
EDCO will continue to pay the City approximately $648,100 in
Franchise Fees and approximately $163,700 in Environmental Fees.
Fees will increase when/if customer rates increase in the future.
Customers will continue to receive $296,000 in Recycling Rebates.
Tipping (Gate) Fee
increases
EDCO will accept the risk of market changes in the tipping (gate) fees
(the price per ton to place material in a processing facility) for organic
processing for the term of the agreement. However, the organics
tipping fee of $95 per ton would be adjusted each year based on the
CPI.
Siting an Organics
Processing Facility
on Peninsula*
EDCO will work cooperatively to explore siting an organic processing
facility on the Peninsula in the former Palos Verdes Landfill site located
in the City of Rolling Hills Estates. The proposed Agreement provides a
re-negotiation of fees for any cost savings resulting from the
development of an organics recycling facility on the site.
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Special Services
EDCO will continue to provide backyard service, and its smaller truck
(pup) collection service, upon request and for a special rate. EDCO will
continue its twice per year document shredding and brush clearing
events. EDCO will continue its limited free on-call bulky, electronics
waste, and used oil and filter collection services. EDCO will offer a new
free (limited) mail-back sharps disposal program.
Medical Waste*
The Los Angeles County Sherriff’s Department accepts unused
medications. EDCO will continue to include information about this
program in its public education materials.
Mulch
EDCO will provide no-charge mulch to residents (for pickup at the Civic
Center during events) and to the City for use on City trails and
medians.
Food Waste as
Compost Material
for City Medians
and Rights-of-Way*
Providing compost from food waste is not practical at this time because
of the need to transport the food waste for processing and then return it
to its application site. Mulch is more readily available and more
frequently used on City medians and rights-of-way.
* Subcommittee-Requested Items
Impact on Current Rates
The impact of these new terms and services on current customer rates is shown below in
Table 2 and Table 3. Approximately 95% of the single-family residences in the City
receive automated cart service. Table 2 shows the impact of proposed rates on single-
family residential customers with automated cart service in Area 1 and Area 2. The
monthly rate charged to single-family customers with automated cart service is based on
the size of the refuse cart chosen by the customer. Table 2 shows the current rate for
each size of refuse cart, the proposed rate, the adjustment amount, and the percent
change. Table 2 shows that the rates charged to single-family residential customers with
automated service are proposed to increase by 15.6%.
Table 2 – Impact of Proposed Rates on Single-family Automated Customers in Area 1 and Area 2
The City’s rate schedule includes separate rates for multi-family customers in Area 1 and
Area 2. The monthly rates for multi-family customers with bin service is based on the size
and number bins, and the number of pickups per week selected by the custome r. The
most common level of bin service is typically a single 3-yard bin collected once per week.
Table 3 below the shows the impact of the proposed rates on multi-family customers in
Area 1 and Area 2. Table 3 shows that the rates for multi-family bin customers in both
Cart Size Current Rate Proposed
Rate
Adjustment
Amount
Percent
Change
35 gallon cart $22.54 $26.06 $3.52 15.6%
64 gallon cart $29.01 $33.54 $4.53 15.6%
96 gallon cart $35.45 $40.99 $5.54 15.6%
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Area 1 and Area 2 are proposed to increase by 3%. The percentage increase for multi-
family customers is lower than that of single-family customers because the rate increase
excludes organics. Multi-family customer green waste is typically handled by landscapers;
therefore, organics collection and processing is not included in the rates shown in Table
3. Multi-family residential customers may apply for a de minimis waiver from the
requirements of SB 1383, or obtain services from EDCO for an additional fee.
Table 3 – Impact of Proposed Rates on Multi-family Customers
Multi-family customers may contract with EDCO for organics collection and processing
under the rate structure in Table 4.
Table 4 – Impact of Proposed Rates on Multi-family Customers
Recycling Rebate
A unique feature of the solid waste rate structure in the City of Rancho Palos Verdes is
the Recycling Rebate. The Recycling Rebate is an amount that is deducted from each
customer’s monthly charge to reflect the California Redemption Value (CRV) of the bottles
and cans that customers place in EDCO’s recycling carts. Table 5 below shows the
Recycling Rebate per dwelling unit credited to customers in Area 1 and Area 2. The
amounts shown in Table 5 are deducted each month from the rates charged to customers
shown in Table 2 and Table 3.
Table 5 – Monthly Customer Recycling Rebate
Service Area Current Rate Proposed
Rate
Adjustment
Amount
Percent
Change
Area 1 $140.03 $144.23 $4.20 3.0%
Area 2 $122.91 $126.60 $3.69 3.0%
1 2 3
64 gallon cart $83.71 $167.43 $251.14 $33.49
96 gallon cart $94.00 $187.99 $281.99 $37.60
2-yard bin $158.05 $316.09 $474.14 $63.22
Each Additional Bin/Cart
64 gallon cart $79.53 $159.06 $238.58
96 gallon cart $89.30 $178.59 $267.89
2-yard bin $150.14 $300.29 $450.43
1st Bin/Cart Pickups per Week Extra Pickups
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As a result, the effective amount paid by customers for solid waste services is less than
the total rates that are charged to customers. Table 6 shows the proposed rates, the
recycling rebate, and the total amount paid by single-family customers for each size of
automated cart. For example, after deducting the Recycling Rebate ($1.58), the net
amount paid by a single-family customer with an automated 96-gallon refuse cart is
proposed to be $39.41 per month (current rate is $35.45).
Table 6 – Proposed Single-Family Cart Rates Net of Recycling Rebate
Table 7 below shows the proposed multi-family rates with the recycling rebate (assuming
four dwelling units), and the total amount paid by multi-family customers for a single 3-
yard bin picked up once per week in both Area 1 and Area 2. After deducting the Recycling
Rebate for four units ($1.58 x 4 = $6.32), the net amount paid by a multi-family customer
with single 3-yard bin picked up once per week in Area 1 is proposed to be $137.91 per
month.
Table 7 – Proposed Multi-family Rates Net of Recycling Rebate
Comparison to Rates in Other Jurisdictions
Service Area
Recycling
Rebate per
Dwelling Unit
Area 1 $1.58
Area 2 $1.31
Cart Size Proposed
Rate
$26.06
($1.58)
$24.48
$33.54
($1.58)
$31.96
$40.99
($1.58)
$39.41
Recycling Rebate
Amount Paid by Customer
96 gallon cart
35 gallon cart
64 gallon cart
Recycling Rebate
Total Rate
Amount Paid by Customer
Total Rate
Recycling Rebate
Amount Paid by Customer
Total Rate
Service Level Area 1 Area 2
$144.23 $126.60
($6.32) ($5.24)
$137.91 $121.36
One each 3-yard
bin picked up
once per week
Total Rate
Recycling Rebate
Amount Paid by Customer
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Chart 1 below compares the net rate paid by customers (after deducting the Recycling
Rebate) for single-family solid waste collection in the City of Rancho Palos Verdes with
rates for similar solid waste rates charged in other jurisdictions. Each stacked bar in Chart
1 represents the amount paid by ratepayers broken down between the fee amount (if any)
that is retained by the City, and the waste hauler’s portion of the rate. The bars in Chart
1 are sorted by the hauler portion of the rate, and not by the total rate paid by the
customer.
The two bars in Chart 1 with the hauler portion of the rate shown in green represent the
current and proposed net amount paid by customers for a 96-gallon automated refuse
cart in the City of Rancho Palos Verdes. A review of Chart 1 shows that, although the
proposed rates in Rancho Palos Verdes are h igher than most cities in the South Bay (as
is the case with all Peninsula cities), they are lower than any other city on the Peninsula.
The fact that the rates for all the cities on the Peninsula are all higher than other cities in
the South Bay may be due to the distance from solid waste infrastructure (waste haulers’
vehicle maintenance yards, material recovery facilities, composting facilities, etc.),
making them more costly to serve. Chart 1 shows that the EDCO rates in the City are fair
and reasonable.
Chart 1 – Rate Comparison – Single-family Residential
Chart 2 below also compares the net rate paid by customers (after deducting the
Recycling Rebate) for multi-family solid waste collection in the City of Rancho Palos
Verdes with rates for similar solid waste rates charged in other jurisdictions. Each stacked
bar in Chart 2 represents the amount paid by ratepayers broken down between the fee
amount (if any) that is retained by the City, and the waste hauler’s portion of the rate. The
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bars in Chart 2 are sorted by the hauler portion of the ra te, and not the total rate paid by
the customer.
Chart 2 includes two sets of bars with the hauler portion of the rate shown in green. These
two sets of bars represent the current and proposed rates in Areas 1 and 2, respectively.
A review of Chart 1 shows that the multi-family rates in the City of Rancho Palos Verdes
are more competitive than the rates for similar service in other South Bay cities. It is
interesting to note that the multi-family rates for the Peninsula cities are not positioned on
the right of Chart 2 in the same way that the single-family rates are positioned on the right
of Chart 1. This may be due to the fact that the cities on the Peninsula may have a smaller
proportionate share of multi-family revenue than other South Bay cities. Chart 2 shows
that the EDCO multi-family rates in the City are fair and reasonable.
Chart 2 – Rate Comparison – Multi-family Residential
Based on the above, EDCO will begin SB 1383 compliant organics collection services on
April 1, 2022. To cover the increased cost of these services, rates for single -family
customers are proposed to increase by 15.6% effective April 1, 2022. Multi -family bin
rates are proposed to increase by 3%, also on April 1, 2022. EDCO will forego the rate
increase to which it was entitled in July of 2021 until April of 2022. After this adjustment,
EDCO’s rates will continue to be competitive in relation to solid waste rates in other cities
in the South Bay and the lowest of the cities on the Palos Verdes Peninsula. EDCO’s
future rates will only be adjusted each year based on inflation.
If acceptable, Staff recommends that the City Council approve the amended and restated
Agreement with EDCO that is endorsed by the City Council Subcommittee. Once the
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agreement is executed, EDCO will begin its public education campaign and prepare to
commence its new services on April 1, 2022.
The amended and restated agreement (Attachment A) is particula rly lengthy and
complex. As a result, minor modifications may be needed. The amended and restated
agreement reflects all material agreements between the City and EDCO, and, if approved,
will become effective on, or shortly after, January 18, 2022. However , because of the
particular complexity of the agreement, the City requests the ability to work with the City
Attorney to make minor modifications to enhance the clarity and efficiency of the
document. Any substantive modifications will be presented to the City Council on March
15, 2022.
3. Proposition 218 Public Noticing
To approve the proposed rates, the City must undertake a “majority protest” process
pursuant to Proposition 218. The City Council is required to set a public hearing. At least
45 days prior to the public hearing, the City is required to notify all residents by mail of the
proposed rates, and the date, time, and place of the public hearing (Attachment B). At the
public hearing, the City Council is required to receive public comments, and co nsider
approving the proposed rates.
If the City Council approves the Restated and Amended Franchise Agreement, Staff
recommends that the City authorize staff to issue the required public notice to all residents
regarding the new solid waste rates discussed in the previous section.
4. March 15, 2022 Public Hearing
Pursuant to Proposition 218, Staff recommends that the City Council set a public hearing
on March 15, 2022 to receive public comments and consider approving the proposed
solid waste rates.
ADDITIONAL INFORMATION:
EDCO’s Performance
During the 11 years EDCO has been serving the City of Rancho Palos Verdes, the City
has conducted three audits of EDCO’s performance. These audits covered the years from
the beginning of the Agreement through 2020. The scope of these audits covered EDCO’s
operations, customer service, and financial requirements. In each of these audits, EDCO
was found to be properly performing in accordance with the terms of its Agreement.
At the City Council meeting on April 20, 2021, Councilmembers, City Staff, and a former
mayor (as part of public comments), universally testified to the superior service provided
to the City by EDCO over the years.
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CONCLUSION:
Based on EDCO’s performance reflected in the results of the audits of EDCO, and the
public comments at the April 20, 2021 meeting, it is evident that EDCO is delivering
reliable, high-quality service to the City’s residents. Based on the comparison of EDCO’s
proposed rates to other cities, it is evident that the SB 1383-compliant rates proposed by
EDCO are reasonable. Based on the services and key terms included in the Restated
and Amended Franchise Agreement, it is evident that EDCO will be well -equipped to
continue assisting the City in complying with state regulations related to diverting
recyclables and organic waste. As a result, the recommended Agreement with EDCO will
enable the City to continue to meet its solid waste program objectives.
Staff therefore recommends the City Council approve the amended and restated
Agreement with EDCO, authorize Staff to issue a notice to all residents regarding the new
solid waste rates, and set a public hearing on March 15, 2022 to receive public comments
and consider approving the new proposed rates.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council’s consideration:
1. Direct Staff to negotiate changes the amended and restated agreement with EDCO
for SB 1383 compliance.
2. Reject the amended and restated agreement with EDCO for SB 1383 compliance
and direct Staff to begin a new procurement process.
3. Take other action, as deemed appropriate.
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Amended and Restated Agreement
Between
City Of Rancho Palos Verdes
And
EDCO Disposal Corporation
For
Residential Solid Waste
Collection Services
* * *
January 18, 2022
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Agreement Between
City of Rancho Palos Verdes and
EDCO Disposal Corporation for
Residential Solid Waste Collection Services
Contents
1 Definitions .......................................................................................................3
1.1 AB 1826 ...................................................................................................3
1.2 AB 341 .....................................................................................................3
1.3 AB 939 .....................................................................................................3
1.4 Abandoned Items .....................................................................................3
1.5 Agreement ...............................................................................................3
1.6 Affiliate .....................................................................................................3
1.7 Applicable Law .........................................................................................4
1.8 Backyard Service .....................................................................................4
1.9 Billings ......................................................................................................4
1.10 Bin ............................................................................................................4
1.11 Bin Overage Clean-up Fee.......................................................................4
1.12 Bin Service ...............................................................................................5
1.13 Blue Container .........................................................................................5
1.14 Bulky Items...............................................................................................5
1.15 CalRecycle ...............................................................................................5
1.16 Cannabis Waste .......................................................................................5
1.17 Cart ..........................................................................................................5
1.18 Cart Collection Service .............................................................................6
1.19 City ...........................................................................................................6
1.20 City Council ..............................................................................................6
1.21 City Facilities ............................................................................................6
1.22 City Manager ............................................................................................6
1.23 Collect/Collection .....................................................................................6
1.24 Collector Fee ............................................................................................6
1.25 Collection Vehicle .....................................................................................6
1.26 Commercial ..............................................................................................6
1.27 Commercial Edible Food Generator .........................................................7
1.28 Commercial Premises ..............................................................................7
1.29 Community Composting ...........................................................................7
1.30 Compactor................................................................................................7
1.31 Compostable Plastics ...............................................................................7
1.32 Contractor ................................................................................................8
1.33 Contractor’s Proposal ...............................................................................8
1.34 Contractor Compensation ........................................................................8
1.35 Construction and Demolition Debris .........................................................8
1.36 Container .................................................................................................8
1.37 Contamination Fee ...................................................................................8
1.38 CPI ...........................................................................................................8
1.39 CRV .........................................................................................................8
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1.40 Customer..................................................................................................8
1.41 Disposal ...................................................................................................9
1.42 Disposal Site(s) ........................................................................................9
1.43 Diversion ..................................................................................................9
1.44 Edible Food ..............................................................................................9
1.45 Effective Date ...........................................................................................9
1.46 Electronic Waste ......................................................................................9
1.47 Environmental Programs Fee ...................................................................9
1.48 Environmental Laws .................................................................................9
1.49 Excluded Waste ..................................................................................... 10
1.50 Facility .................................................................................................... 10
1.51 Food Recovery ....................................................................................... 10
1.52 Food Recovery Organization.................................................................. 11
1.53 Food Recovery Service .......................................................................... 11
1.54 Food Scraps ........................................................................................... 11
1.55 Food-soiled Paper .................................................................................. 11
1.56 Food Waste ............................................................................................ 11
1.57 Garbage ................................................................................................. 11
1.58 Gray Container ....................................................................................... 12
1.59 Gray Container Waste ............................................................................ 12
1.60 Green Container ..................................................................................... 12
1.61 Green Waste .......................................................................................... 12
1.62 Organics Processing Facility .................................................................. 12
1.63 Gross Receipts ....................................................................................... 12
1.64 Hazardous Substance ............................................................................ 12
1.65 Hazardous Waste ................................................................................... 13
1.66 Household Hazardous Waste (“HHW”) .................................................. 13
1.67 Household Sharps Waste ...................................................................... 13
1.68 Indemnitees............................................................................................ 13
1.69 Landfill .................................................................................................... 14
1.70 Large Event ............................................................................................ 14
1.71 Large Venue........................................................................................... 14
1.72 Local Education Agency ......................................................................... 14
1.73 Materials Recovery Facility (“MRF”) ....................................................... 14
1.74 Maximum Rate Schedule ....................................................................... 14
1.75 Mulch ..................................................................................................... 15
1.76 Multi-Family Dwelling ............................................................................. 15
1.77 Non-compostable Paper ........................................................................ 15
1.78 Organic Waste ....................................................................................... 15
1.79 Owner .................................................................................................... 15
1.80 Person .................................................................................................... 16
1.81 Premises ................................................................................................ 16
1.82 Processing ............................................................................................. 16
1.83 Prohibited Container Contaminates ....................................................... 16
1.84 Proposition 218 ...................................................................................... 16
1.85 Putrescible Waste .................................................................................. 16
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1.86 Rate Schedule ........................................................................................ 16
1.87 Rate Year ............................................................................................... 17
1.88 Recycling ............................................................................................... 17
1.89 Recyclables ............................................................................................ 17
1.90 Recycling Rebate ................................................................................... 17
1.91 Refuse .................................................................................................... 17
1.92 Renewable Natural Gas ......................................................................... 17
1.93 Residential ............................................................................................. 17
1.94 Residential Premises ............................................................................. 18
1.95 Roll-off Box............................................................................................. 18
1.96 Route Review ......................................................................................... 18
1.97 Rubbish .................................................................................................. 18
1.98 SB 1383 ................................................................................................. 18
1.99 SB 1383 Regulations ............................................................................. 19
1.100 Scavenging ............................................................................................ 19
1.101 Scout Vehicle(s) ..................................................................................... 19
1.102 Self-hauler (or Self-haul) ........................................................................ 19
1.103 Service Level .......................................................................................... 19
1.104 Seniors ................................................................................................... 19
1.105 Service Area 1 ........................................................................................ 19
1.106 Service Area 2 ........................................................................................ 19
1.107 Single Family Dwelling ........................................................................... 19
1.108 Solid Waste ............................................................................................ 20
1.109 Solid Waste Facility ................................................................................ 20
1.110 Solid Waste Collection Service .............................................................. 20
1.111 Source Separated .................................................................................. 20
1.112 Source Separated Blue Container Organics Waste (SSBCOW) ............ 20
1.113 Source Separated Green Container Organic Waste (SSGCOW) ........... 20
1.114 Split Bin .................................................................................................. 20
1.115 State ....................................................................................................... 20
1.116 Term ....................................................................................................... 21
1.117 Tier One Commercial Edible Food Generator ........................................ 21
1.118 Tier Two Commercial Edible Food Generator ........................................ 21
1.119 Transfer .................................................................................................. 22
1.120 Transfer Station ...................................................................................... 22
1.121 Transformation ....................................................................................... 22
1.122 Transformation Facility ........................................................................... 22
1.123 Transportation or Transport.................................................................... 22
1.124 Universal Waste ..................................................................................... 22
1.125 Waste Evaluation ................................................................................... 22
1.126 Waste Generator .................................................................................... 23
1.127 Working Day ........................................................................................... 23
2 GRANT AND ACCEPTANCE OF RIGHTS ................................................... 24
2.1 Grant and Acceptance of Rights, Indemnity of Award ............................ 24
2.2 Enforcement of Exclusivity ..................................................................... 24
2.3 Effective Date; Start of Services ............................................................. 25
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2.4 Term of Agreement ................................................................................ 25
2.5 Representations and Warranties of Contractor ...................................... 25
2.6 Conditions to Effectiveness of Agreement ............................................. 27
2.7 Delegation of Authority ........................................................................... 28
2.7.1 City Representatives ....................................................................... 28
2.7.2 Contractor Representative ............................................................... 28
2.8 Limitations to Scope ............................................................................... 28
2.9 City’s Right to Direct Changes ............................................................... 30
2.9.1 General ............................................................................................ 30
2.9.2 New Diversion Programs ................................................................. 31
2.10 Ownership of Solid Waste ...................................................................... 31
2.11 Permits and Licenses ............................................................................. 32
2.12 Contractor Name .................................................................................... 32
2.13 Coordination with Other Jurisdictions ..................................................... 32
2.14 Good Faith Negotiations for Exclusive Commercial Service .................. 32
3 Fees Paid to the City .................................................................................... 34
3.1 Other City Fees ...................................................................................... 34
3.1.1 Collector Fee ................................................................................... 34
3.1.2 Environmental Programs Fee .......................................................... 34
3.1.3 Recycling Rebate ............................................................................ 34
3.2 Future Fees ............................................................................................ 35
4 Direct Services .............................................................................................. 36
4.1 General .................................................................................................. 36
4.1.1 High Quality Collection Service ....................................................... 36
4.1.2 Summary of Terms .......................................................................... 36
4.1.3 Service Areas 1 and 2 ..................................................................... 36
4.2 Refuse .................................................................................................... 37
4.2.1 Cart Refuse Collection ..................................................................... 37
4.2.2 Gray Cart Overage .......................................................................... 37
4.2.3 Backyard Service ............................................................................. 38
4.2.4 Backyard Service for the Disabled ................................................... 38
4.2.5 Flag Lot Service ............................................................................... 38
4.2.6 Bin Refuse Collection ...................................................................... 38
4.2.7 Overflowing Containers ................................................................... 39
4.2.8 Scout Vehicles ................................................................................. 40
4.2.9 Bin Push-out Service ....................................................................... 40
4.2.10 Pup Route Service ........................................................................... 40
4.2.11 Locking Bins .................................................................................... 40
4.2.12 Return Trip Fee ............................................................................... 40
4.2.13 On-Call Bulky Item Pickup ............................................................... 41
4.2.14 Bulky Item Diversion ........................................................................ 41
4.2.15 Household Hazardous Waste Events .............................................. 42
4.2.16 Used Oil and Used Oil Filter Collection............................................ 42
4.2.17 Disposal of Electronic Waste and Other Special Wastes................. 42
4.2.18 Household Battery and Florescent Light Bulb Drop-Off ................... 42
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4.2.19 Household Sharps Waste Disposal Program ................................... 43
4.2.20 Optional Household Hazardous Waste Programs ........................... 43
4.3 Recycling ............................................................................................... 44
4.3.1 Recyclables Collection for Cart Refuse Customers ......................... 44
4.3.2 Recyclables Collection from Bin Refuse Customers ........................ 45
4.3.3 Additional Recyclables Programs .................................................... 45
4.3.4 Warning Notice ................................................................................ 45
4.3.5 Marketing and Sale of Recyclables ................................................. 46
4.3.6 Minimum Recycling Requirements .................................................. 46
4.3.7 Collection and Delivery of Recyclables ............................................ 46
4.4 Organics Collection Program ................................................................. 46
4.4.1 Organics Collection for Single-Family Customers ........................... 46
4.4.2 Kitchen Caddies .............................................................................. 47
4.4.3 Organics Collection for Multi-family Customers ............................... 47
4.4.4 Holiday Tree Collection Program ..................................................... 48
4.4.5 Brush Clearing Events ..................................................................... 48
4.4.6 Brush Clearing Events - HOAs ........................................................ 48
4.4.7 End Uses for Organics and Green Waste........................................ 48
4.5 City Services .......................................................................................... 49
4.5.1 City Facilities Collection ................................................................... 49
4.5.2 E-Waste at City Facilities ................................................................. 49
4.5.3 City-Sponsored Events .................................................................... 49
4.5.4 Clean-Up Event Collection ............................................................... 50
4.5.5 Emergency Collection and Disposal Service ................................... 50
4.5.6 Abandoned Item Collection .............................................................. 50
4.5.7 Street Sweeping Contract Management .......................................... 51
4.6 Operations.............................................................................................. 52
4.6.1 Schedules ........................................................................................ 52
4.6.2 Missed Pickups ................................................................................ 52
4.6.3 Vehicles ........................................................................................... 53
4.6.4 Containers ....................................................................................... 56
4.6.5 Litter Abatement .............................................................................. 58
4.6.6 Personnel ........................................................................................ 59
4.6.7 Identification Required ..................................................................... 60
4.6.8 Fees and Gratuities ......................................................................... 60
4.6.9 Non-Discrimination .......................................................................... 60
4.6.10 Report of Accumulation of Solid Waste; Unauthorized Dumping ..... 61
4.7 Contamination Monitoring and Minimization .......................................... 61
4.7.1 Route Reviews ................................................................................ 61
4.7.2 Waste Evaluations ........................................................................... 61
4.7.3 On-board Cameras .......................................................................... 62
4.8 Transportation of Solid Waste and Recyclables ..................................... 62
4.9 Designated Facilities .............................................................................. 63
4.9.1 Disposal Site .................................................................................... 63
4.9.2 Designated Recycling Facility .......................................................... 63
4.9.3 Designated Organics Processing Facility ........................................ 63
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4.9.4 Facility Replacement Due to Non-Compliance ................................ 63
4.10 Status of Disposal Site ........................................................................... 64
4.11 Dedicated Routes ................................................................................... 64
4.12 Border Street Routing ............................................................................ 64
4.13 Route Audit ............................................................................................ 64
4.14 Routing Plan Approval ........................................................................... 66
4.15 Service Exceptions; Hazardous Waste Notifications .............................. 66
4.16 Manual Backyard Refuse Collection ...................................................... 67
4.17 Portuguese Bend Beach Club Litter Containers ..................................... 67
4.18 Recyclables Collection for Manual Collection Customers ...................... 67
4.19 Organics Collection for Manual Collection Customers ........................... 67
5 Other Services .............................................................................................. 68
5.1 Customer Billing and Contractor Compensation ........................................ 68
5.1.1 Cart Billing ....................................................................................... 68
5.1.2 Bin Billing ......................................................................................... 68
5.1.3 Compensation Entirely Through Approved Rates ............................ 69
5.1.4 Discounts ......................................................................................... 69
5.1.5 Contractor’s Invoices ....................................................................... 70
5.1.6 Customer Credits ............................................................................. 70
5.1.7 Customer Billing Adjustments .......................................................... 70
5.1.8 Exemption From Service ................................................................. 70
5.1.9 Late Payments ................................................................................. 71
5.1.10 Electronic Billing and Payment ........................................................ 71
5.2 Customer Service ................................................................................... 71
5.2.1 Local Office ...................................................................................... 71
5.2.2 Complaint Documentation ............................................................... 72
5.2.3 Resolution of Customer Complaints ................................................ 72
5.2.4 Service Liaison ................................................................................ 72
5.3 Public Education and Outreach – Initial and Ongoing ............................ 73
5.3.1 General ............................................................................................ 73
5.3.2 Education and Outreach – Initial Rollout of Organics Collection ...... 73
5.3.3 Education and Outreach - On-going ................................................ 74
5.3.4 Contractor Representative ............................................................... 75
5.3.5 Community Events .......................................................................... 76
5.4 Technical Assistance Program ............................................................... 76
5.4.1 Site Visits and Waste Assessments ................................................ 76
5.5 Customer Waiver Program Coordination ............................................... 77
5.5.1 Contractor Waiver Request on Behalf of Customer ......................... 77
5.5.2 Waiver Reverification ....................................................................... 77
5.5.3 Contractor Recordkeeping of Customer Granted Waivers............... 78
5.6 Inspection and Enforcement................................................................... 78
5.6.1 General ............................................................................................ 78
5.6.2 Commercial Customer Compliance Reviews ................................... 78
5.6.3 Number of Reviews ......................................................................... 78
5.6.4 Non-Compliant Entities .................................................................... 79
5.6.5 Documentation of Inspection Actions .............................................. 79
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5.7 Procurement of Products with Recycled and Organics Contents ........... 79
5.7.1 Recycled-Content Paper.................................................................. 79
5.7.2 Provision of Mulch ........................................................................... 80
5.7.3 Renewable Natural Gas................................................................... 80
5.7.4 Recordkeeping Requirements ......................................................... 80
5.8 Waste Generation/Characterization Studies .......................................... 80
6 Contractor Compensation and Rates ............................................................ 82
6.1 General .................................................................................................. 82
6.2 Schedule of Future Adjustments; Automatic Adjustments; Prop 218 ..... 82
6.3 Method of Inflationary Adjustments ........................................................ 83
6.4 Maximum Allowable Rate Year Adjustment ........................................... 83
6.5 Extraordinary Adjustments ..................................................................... 83
6.6 Brush Clearing Tonnage Threshold Adjustment..................................... 84
6.7 Supporting Information ........................................................................... 85
6.8 Potential Future Organics Facility on Palos Verdes Peninsula .............. 85
7 Review Of Services and Performance .......................................................... 86
7.1 Performance Review Meeting ................................................................ 86
8 Records, Reports and Information Requirements ......................................... 88
8.1 General .................................................................................................. 88
8.2 Records .................................................................................................. 88
8.2.1 General ............................................................................................ 88
8.2.2 Financial Records ............................................................................ 89
8.2.3 Solid Waste and Recyclables Records ............................................ 89
8.2.4 CERCLA Defense Records ............................................................. 90
8.2.5 Other Programs’ Records ................................................................ 90
8.2.6 Audit ................................................................................................ 90
8.2.7 Payments and Refunds ................................................................... 91
8.3 Reports .................................................................................................. 91
8.3.1 Report Formats and Schedule ......................................................... 91
8.3.2 Monthly Reports .............................................................................. 92
8.3.3 Quarterly Reports ............................................................................ 92
8.3.4 Annual Report .................................................................................. 93
8.3.5 Financial Report .............................................................................. 94
8.4 Database for SB 1383 Reporting and Implementation Record .............. 94
8.5 Reporting Adverse Information ............................................................... 95
8.6 Right to Inspect Records ........................................................................ 95
8.7 Failure to Report .................................................................................... 95
9 Indemnification, Insurance, Bond and Letter of Credit .................................. 96
9.1 Indemnification ....................................................................................... 96
9.2 Hazardous Substances Indemnification ................................................. 97
9.3 Indemnification - Failure to Meet Diversion Requirements ..................... 98
9.4 Insurance ............................................................................................... 99
9.5 Faithful Performance Bond .................................................................. 104
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9.6 Faithful Performance Letter of Credit ................................................... 104
9.7 Forfeiture of Performance Bond ........................................................... 105
9.8 Forfeiture of Letter Of Credit ................................................................ 105
9.9 Performance Security Beyond Service Term ....................................... 105
10 City’s Right to Perform Service ................................................................... 106
10.1 General ................................................................................................ 106
10.2 Billing and Compensation to City During City’s Possession ................. 107
10.3 City’s Right to Relinquish Possession .................................................. 107
10.4 City’s Possession Not a Taking ............................................................ 107
10.5 Duration of City’s Possession............................................................... 107
11 Default, Remedies and Liquidated Damages ............................................. 108
11.1 Events of Default .................................................................................. 108
11.2 Right to Terminate Upon Default and Right to Specific Performance ... 110
11.3 Liquidated Damages ............................................................................ 110
11.4 Excuse from Performance .................................................................... 114
11.5 Notice, Hearing and Appeal of City Breach .......................................... 115
11.6 Assurance of Performance ................................................................... 115
12 Other Agreements of the Parties ................................................................ 116
12.1 Relationship of Parties ......................................................................... 116
12.2 Compliance with Law ........................................................................... 116
12.3 Governing Law ..................................................................................... 116
12.4 Jurisdiction ........................................................................................... 116
12.5 Assignment .......................................................................................... 116
12.6 Contracting or Subcontracting .............................................................. 119
12.7 Binding on Assigns ............................................................................... 119
12.8 Cooperation in Preparation for Termination or Expiration of Contract .. 119
12.9 Parties in Interest ................................................................................. 120
12.10 Waiver .................................................................................................. 120
12.11 Contractor’s Investigation ..................................................................... 120
12.12 Condemnation ...................................................................................... 120
12.13 Notice ................................................................................................... 120
12.14 City Free to Negotiate with Third Parties .............................................. 121
12.15 Privacy ................................................................................................. 121
12.16 Public Records; Exempt Information .................................................... 121
13 Miscellaneous Provisions ........................................................................... 122
13.1 Entire Agreement ................................................................................. 122
13.2 Section Headings ................................................................................. 122
13.3 References to Laws and Other Agreements ........................................ 122
13.4 Interpretation ........................................................................................ 122
13.5 Agreement............................................................................................ 122
13.6 Severability........................................................................................... 122
13.7 Exhibits ................................................................................................ 122
13.8 Attorneys’ Fees .................................................................................... 123
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Exhibits
Exhibit 1 – Service Area #2 ............................................................................... 124
Exhibit 2 – Organics Program Implementation Plan .......................................... 125
Exhibit 3 – Initial Maximum Rates Effective April 1, 2022 .................................. 128
Exhibit 4 – Faithful Performance Bond .............................................................. 130
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AGREEMENT
This Agreement for Integrated Solid Waste Management Services (hereinafter the
“Agreement”) is entered into this 18th day of January 2022, by and between the City of
Rancho Palos Verdes, California, (“City”) and EDCO Disposal Corporation (“Contractor”),
for the collection, transportation, recycling, processing, and disposal of solid waste and
other services related to meeting the goals and requirements of the AB 939, AB 341, AB
1826, and SB 1383.
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 (the “Act”) (California Public Resources Code
Section 40000 et seq.), has declared that it is in the public interest to authorize an d require
local agencies to make adequate provisions for solid waste handling within their
jurisdictions; and,
WHEREAS, the City is obligated to protect the public health and safety of the residents
and businesses of the City of Rancho Palos Verdes, and Collection of solid waste should
be undertaken in a manner consistent with the exercise of the City ’s obligations for the
protection of public health and safety; and,
WHEREAS, the City’s primary goals in entering into this Agreement are to ensure that 1)
Collection Services are of the highest caliber, 2) Customer satisfaction remains at the
highest level, 3) the environment is protected, 4) maximum diversion levels are achieved,
5) Rancho Palos Verdes does its part to reduce greenhouse gas (GHG) emissions
generated from waste Collection and disposal as part of Rancho Palos Verdes’s
implementation of federal, state, and local efforts to address climate change, and, 6) that
materials collected are put to the highest and best use.
WHEREAS, City declares its intention of maintaining reasonable rates and quality service
related to the collection, transfer and transportation, recycling, processing, and disposal
of solid waste and other services; and,
WHEREAS, City and Contractor are mindful of new laws adopted by the State of
California intended to divert recyclables and organic materials from being landfilled. AB
341 mandates that commercial waste generators arrange for recycling services. AB 1826
mandates that commercial waste generators recycle t heir organic waste. AB 1594 will
end the practice of excluding organic material used as Alternative Daily Cover (ADC) from
the calculation of a jurisdiction’s total per capita amount of waste disposed. SB 1383
allows the Department of Resources Recycling and Recovery (CalRecycle) to implement
new regulations on local jurisdictions if significant progress has not been made in certain
waste reduction goals, and;
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WHEREAS, 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, AB 341, AB 1826, and SB 1383 , the Resource Conservation and Recovery Act
(“RCRA”) (42 U.S.C. § 6901 et seq., and the Comprehensive Environmental Response,
Compensation and Liability Act (“CERCLA”) (42 U.S.C. §9601 et seq.). City and
Contractor desire to leave no doubts as to their respective roles and to memorialize that
by 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 from premises in the City, transport for disposal,
composting or other processing, and recycling of municipal solid waste which may contain
hazardous substances; and further to confirm that as a material inducement to City
entering into this Agreement, Contractor has agreed to fully indemnify City in connection
with any claims, losses, liabilities, lawsuits or actions 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, and,
WHEREAS, City and Contractor are party to an Agreement for Residential Solid Waste
Management Services for Service Area 1 dated November 24, 2009; and,
WHEREAS, on June 30, 2015, City and Contractor amended their 2009 Agreement to
include Service Area 2 in the Contractor’s scope of service and to make other changes
to the Agreement including adding brush clearing, changing the rate adjustment method,
and including the management of the City’s street sweeping contractor; and,
WHEREAS, this Agreement is intended to restate and supersede all prior agreements
between City and Contractor; and,
NOW, THEREFORE, in consideration of the premises above stated and the terms,
conditions, covenants and agreements contained in this Agreement, the Parties do
hereby agree as follows:
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1 Definitions
The terms used in this Agreement shall have the meaning set forth in this Article 1. In the
event a term is not defined in this Article 1, then it shall have the meaning set forth in the
Rancho Palos Verdes Municipal Code or in Division 30, Part 1, Chapter 2 of the California
Public Resources Code (with precedence given to definitions in the Rancho Palos Verdes
Municipal Code over conflicting definitions contained in the Public Resources Code).
Except as provided in Article 1, words beginning with lower case letters are being used
with their common ordinary meanings, not as defi ned terms. Otherwise, the following
capitalized words and terms shall have the following meanings:
1.1 AB 1826
“AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of
2014 modifying Division 30 of the California Public Resources Code), also commonly
referred to as “AB 1826,” as amended, supplemented, superseded, and replaced from
time to time.
1.2 AB 341
“AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of
2011 [Chesbro, AB 341]), also commonly referred to as “AB 341”, as amended,
supplemented, superseded, and replaced from time to time.
1.3 AB 939
“AB 939” means the California Integrated Waste Management Act of 1989, codified in
part at Public Resources Code section 40000 et. seq., as it may be amended from time
to time and as implemented by the regulations of the California Department of Resources
Recycling and Recovery (CalRecycle), or its successor agency.
1.4 Abandoned Items
“Abandoned Items” means items abandoned in the public right-of-way, and on public
premises including but not limited to Bulky Waste items and Yard Waste.
1.5 Agreement
“Agreement” means this Amended and Restated Agreement for Residential Collection
Services including all exhibits and any amendments.
1.6 Affiliate
“Affiliate” means all businesses (including corporations, limited and general partnerships
and sole proprietorships) that are directly or indirectly related to Contractor by virtue of
direct or indirect ownership interest or common management. An Affiliate shall incl ude a
business in which Contractor owns a direct or indirect ownership interest, a business
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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 (26 U.S.C. § 318(a)), 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);
and (ii) Section 318(a)(5)(C) shall be disregarded. For purpo ses 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.
1.7 Applicable Law
“Applicable Law” means all laws, regulations, rules, orders, directives, judgments,
decrees, permits, approvals, or other requirement of the United States, the State of
California, the County of Los Angeles, the City of Rancho Palos Verdes (including, but
not limited to, Chapter 8.20 of the Rancho Palos Verdes Municipal Code), and any federal,
state, regional or local administrative and regulatory agencies, that are applicable to any
aspect of this Agreement or the provision of Solid Waste Collection Services, that are in
force on the Effective Date and as they may be enacted, issued or amended during the
Term.
1.8 Backyard Service
“Backyard Service” is defined in Section 4.2.3 Backyard Service.
1.9 Billings
“Billings” or “Billing” or “Bill” means the statement(s) of charges provided to Customers
for services rendered by Contractor.
1.10 Bin
“Bin” means a front-loading Container with hinged lids and wheels with a capacity from
two (2) to eight (8) cubic yards.
1.11 Bin Overage Clean-up Fee
“Bin Overage Clean-up Fee” means a fee charged to a Customer who allows his or her
Container(s) to overflow within a three-month period of receiving a written notice from
Collector that Customer had an overflowing Container incident.
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1.12 Bin Service
“Bin Service” means Solid Waste Collection Services in which a Bin is used for the
Collection of Solid Waste and Recyclables.
1.13 Blue Container
“Blue Container” or “Blue Cart” means a container used for storage and Collection of
Source Separated Recyclables Materials or Source Separated Blue Container Organic
Waste. A Blue Container means a container where either: 1) the lid of the container is
blue in color, or, 2) the body of the container is blue in color and the lid is either blue, gray,
or black in color.
1.14 Bulky Items
“Bulky Items” means Solid Waste that cannot and/or would not typically be
accommodated within a Cart including specifically: furniture (including chairs, sofas,
mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water
heaters, dishwashers, plumbing, small household appliances and other similar items,
commonly known as “white goods”); yard debris, Green Waste and small pieces of wood
limited to the equivalent of two 96-gallon Carts of contained material per collection;
Electronic Waste; and clothing. Bulky Items do not include car bodies, tires, Construction
and Demolition Debris or items requiring more than two persons to remove. Other items
not specifically included or excluded above will be Collected provided that they are not
more than eight feet in length, four feet in width, or more than 150 pounds. In the event a
question ever arises as to whether a specific item or category of items meets the definition
of Bulky Items, the City Manager shall determine whether that definition shall apply, which
determination shall be final and binding on the Parties.
1.15 CalRecycle
“CalRecycle” means the California Department of Resources Recycling and Recovery, or
its successor agency.
1.16 Cannabis Waste
“Cannabis waste” means waste that is not hazardous waste which contains cannabis and
that has been made unusable and unrecognizable in the manner required by State
cannabis laws. Cannabis waste is a subset of green waste and organic waste.
1.17 Cart
“Cart” means a plastic Container with a hinged lid and wheels serviced by an automated
or semi-automated truck with a capacity of no less than 32 - and no greater than 101-
gallons.
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1.18 Cart Collection Service
“Cart Collection Service” means collection service using Carts. This includes service
provided to Single-Family Premises (excluding those single-family customers that elect
to use Bin collection service), Customers on Commercial Premises that generate small
quantities of waste and elect to use cart collection service, and Customers on Multi-Family
Premises with individual storage capacity to store Carts with access to curbside service
from side-loading collection vehicles.
1.19 City
“City” means City of Rancho Palos Verdes, California, a municipal corporation, and all the
territory lying within the municipal boundaries of City as presently existing or as such
boundaries may be modified during the Term.
1.20 City Council
“City Council” means the City Council of the City of Rancho Palos Verde s, California.
1.21 City Facilities
“City Facilities” means all Premises owned or operated by City, now and in the future,
including but not limited to, City Hall, City offices, parks, City yard (Silo Yard), and
beaches.
1.22 City Manager
“City Manager” means the City Manager of the City of Rancho Palos Verdes or the City
Manager’s designee.
1.23 Collect/Collection
“Collect” or “Collection’ means to take physical possession, transport, and remove Solid
Waste or Recyclables within and from City.
1.24 Collector Fee
“Collector Fee” is defined in Section 3.1.1 Collector Fee.
1.25 Collection Vehicle
“Collection Vehicle” is defined in Section 4.6.3 Vehicles.
1.26 Commercial
“Commercial” refers to services performed at or for Commercial Premises.
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1.27 Commercial Edible Food Generator
“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 .
1.28 Commercial Premises
“Commercial Premises” means Premises upon which business activity is conducted,
including but not limited to retail sales, services, wholesale operations, manufacturing and
industrial operations, but excluding Residential Premises upon which business activities
are conducted when such activities are permitted under applicable zoning regulations and
are not the primary use of the property; and City Facilities. Notwithstanding any provision
to the contrary in this Agreement, in the Rancho Palos Verdes Municipal Code, or
otherwise, for purposes of this Agreement, Premises upon which the following uses (as
defined in the Rancho Palos Verdes Municipal Code) are occurring shall be deemed to
be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories,
Extended Stay Motels, Group Residential Facilities, Adult Residential Facilities, time -
shares, resorts, spas, Group Care Facilities, Hotels, and Motels and any other businesses
not specifically listed at which residency is transient in nature and hence should be
classified as Commercial Premises. In the event a question ever arises as to whether a
specific Premises meets the definition of Commercial Premises, the City Manager shall
determine whether that definition will apply, which determination shall be final and binding
on the Parties.
1.29 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.
1.30 Compactor
“Compactor” means any Bin or Roll-off Box that has a compaction mechanism, whether
stationary or mobile.
1.31 Compostable Plastics
“Compostable Plastics” means plastic material that meets the American Society for
Testing and Materials (ASTM) D6400 standard for compostability (sections 5.1 through
6.4.2 published May 2019).
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1.32 Contractor
“Contractor” means EDCO Disposal Corporation, a corporation organized and operating
under the laws of the State of California and its officers, directors, employees, agents,
companies and subcontractors.
1.33 Contractor’s Proposal
“Contractor’s Proposal” means the proposal submitted by Contractor to City on July 26,
2021 submitted to the City to address the impacts of SB 1383. This Agreement
supersedes Contractor’s Proposal and is the final written expression of the Parties ’
agreement.
1.34 Contractor Compensation
“Contractor Compensation” means the revenue received by the Contractor from
Customers in return for providing services in accordance with this Agreement
1.35 Construction and Demolition Debris
“Construction and Demolition Debris” means Solid Waste generated at a Premises that
is directly related to construction or demolition activities occurring thereon.
1.36 Container
“Container” means any and all types of Solid Waste or Recyclables receptacles, including
cans/barrels, Carts, Bins and Roll-off Boxes.
1.37 Contamination Fee
“Contamination Fee” shall mean an amount charged by Contractor to Customers to offset
Contractor’s additional costs or diminished revenue due to contamination of Refuse,
Recyclables, Organics, or Green Waste placed in Containers.
1.38 CPI
“CPI” means the Consumer Price Index for All Urban Consumers (CPI -U), U. S. city
average, (seasonally adjusted) for the Garbage and Trash Collection detailed expenditure
category (Mnemonic: XCPIUEHG02.IUSA or BLS Series CUUR0000SEHG02).
1.39 CRV
“CRV” is defined in Section 3.1.3 Recycling Rebate.
1.40 Customer
“Customer” means a Person receiving Solid Waste Collection Services from Contractor
pursuant to the terms of this Agreement.
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1.41 Disposal
“Disposal” means the ultimate disposition of Solid Waste Collected by Contractor at a
landfill or otherwise as permitted by Applicable Law.
1.42 Disposal Site(s)
“Disposal Site(s)” means the Solid Waste handling Facility or Facilities utilized for the
ultimate Disposal of Solid Waste Collected by Contractor.
1.43 Diversion
“Diversion” means any combination of waste prevention (source reduction), Recycling,
reuse and composting activities that reduces waste disposed at landfills, provided such
activities are recognized by CalRecycle as Diversion.’
1.44 Edible Food
“Edible Food” means food intended and suitable 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.
1.45 Effective Date
“Effective Date” means the date on which the Agreement becomes binding upon the
parties, which is the date when all the conditions set forth below in Section 2.6 have been
met, and both parties have properly executed the Agreement.””
1.46 Electronic Waste
“Electronic Waste” or “E-Waste” means discarded electronic equipment and includes,
but is not limited to, stereos, televisions, CRTs, computers and computer monitors,
VCRs, cellular phones, fax machines, household copiers, computer printers, video game
consoles, other items with electric plugs that are banned from landfilling, and other similar
items commonly known as ‘brown goods.’
1.47 Environmental Programs Fee
“Environmental Programs Fee” is defined in Section 3.1.2 Environmental Programs Fee.
1.48 Environmental Laws
“Environmental Laws” means all federal and state statutes, county, local and City
ordinances concerning public health, safety and the environment including, by way of
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example and not limitation, the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, 42 U.S.C. § 9601 et seq.; the Resource Conservation and
Recovery Act, 42 U.S.C. § 6901 et seq.; the Federal Clean Water Act, 33 U.S.C. § 1251
et seq.; the Toxic Substances Control Act, 15 U.S.C. § -2601 et seq.; the Occupational
Safety and Health Act, 29 U.S.C. § 651 et seq.; the California Hazardous Waste Control
Act, California Health and Safety Code § 25100 et seq.; the California Carpenter-Presley-
Tanner Hazardous Substance Account Act, California Health and Safety Code § 25300
et seq.; the Porter-Cologne Water Quality Control Act, California Water Code § 13000 et
seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety
Code § 25249.5 et seq.; as currently in force or as hereafter amended, and all rules and
regulations promulgated thereunder.
1.49 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/designated 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, in cluding:
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 en vironment, cause a
nuisance or otherwise create or expose Contractor or Jurisdiction 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 Waste Generator or
Customer has properly placed the materials for Collection pursuant to instructions
provided by the City or Contractor as set forth in this Agreement.
1.50 Facility
“Facility” means any plant or site, owned or leased and maintained, operated or used by
Contractor for purposes of performing under this Agreement.
1.51 Food Recovery
“Food Recovery” means actions to collect and distribute food for human consumption
which otherwise would be disposed, or as otherwise defined in 14 CCR Section
18982(a)(24).
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1.52 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.
D. 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.
1.53 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.
1.54 Food Scraps
“Food Scraps” means discarded food that will decompose and/or putrefy and is
segregated for Collection and Recycling. Food scraps includes, but is 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.
1.55 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, and pizza boxes.
1.56 Food Waste
“Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics.
1.57 Garbage
“Garbage” means all putrescible waste that generally includes, but is not limited to,
animal, vegetative, food or any other waste that is attendant with, or results from the
storage, preparation, cooking or handling of food materials attributed to normal activities
of a service unit.
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1.58 Gray Container
“Gray Container” or “Gray Cart” means a Container used to store and collect Refuse,
mixed waste, and Gray Container waste. A means a container where either: 1) the lid of
the container is gray or black in color, or, 2) the body of the container is gray or black in
color and the lid is gray or black in color.
1.59 Gray Container Waste
“Gray Container Waste” means Refuse or mixed waste that is Collected in a Gray
Container that is part of a Collection service that prohibits the placement of Recyclables
or Organic Waste in the Gray Container.
1.60 Green Container
“Green Container” or “Green Cart” means a Container used to store and collect Source
Separated Green Container Organic Waste. A green container means a container where
either: 1) the lid of the container is green in color, or, 2) the body of the container is green
in color and the lid is either green, gray, or black in color.
1.61 Green Waste
“Green Waste” means leaves, grass clippings, brush, branches, and other forms of
organic materials generated from landscapes or gardens, separated from other Solid
Waste.
1.62 Organics Processing Facility
“Organics Processing Facility” means a permitted Facility where Organics is sorted,
mulched or separated for the purposes of Recycling, reuse or composting.
1.63 Gross Receipts
“Gross Receipts” means any and all revenue received from Billings, and compensation in
any form, of Contractor or subsidiaries, parent companies or other Affiliates of Contractor,
for the Collection and transportation of Solid Waste and Recyclables pursuant to this
Agreement, in accordance with generally accepted accounting principles, including, but
not limited to, Customer fees for Collection of Solid Waste and Recyclables, without
subtracting Disposal fees, City fees or other fees or any other cost of doing business.
1.64 Hazardous Substance
“Hazardous Substance” shall mean any of the following: (a) any substances defined,
regulated or listed (directly or by reference) as “hazardous substances”, “hazardous
materials”, “hazardous waste”, “toxic waste”, “pollutants” 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
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U.S.C. § 9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49
U.S.C. § 5101, et seq.; (iii) the Resource Conservation and Recovery Act, 42 U.S.C. §
6901 et seq.; (iv) the Clean Water Act, 33 U.S.C. § 1251 et seq.; (v) California Health and
Safety Code §§ 25110.02, 25115, 25117, 25249.8, 25281, 25316, 25501 and 25501.1;
(vi) the Clean Air Act, 42 U.S.C. § 7401 et seq.; and (vii) California Water Code § 13050;
(b) any amendments, rules or regulations promulgated thereunder to such enumerated
statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or
toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or
regulated under any other applicable federal, state or local Environmental L aws currently
existing or hereinafter enacted, including, without limitation, friable asbestos,
polychlorinated biphenyl’s (“PCBs”), petroleum, natural gas and synthetic fuel products,
and by-products.
1.65 Hazardous Waste
“Hazardous Waste” means and includes wastes defined as hazardous by Public
Resources Code Section 40141 as it now exists or subsequently may be amended, as
well as all substances defined as Hazardous Waste, acutely Hazardous Waste, or
extremely Hazardous Waste by the State of California in Health and Safety Code §§
25110.02, § 25115, and § 25117 or in the future amendments to or recodifications of such
statutes or identified and listed as Hazardous Waste by the US Environmental Protection
Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42
U.S.C. § 6901 et seq.), all future amendments thereto, and all rules and regulations
promulgated thereunder.
1.66 Household Hazardous Waste (“HHW”)
“Household Hazardous Waste” means Hazardous Waste generated at Residential
Premises.
1.67 Household Sharps Waste
“Household Sharps Waste” shall mean home-generated sharps, as defined in Section
117671 of the California Health & Safety Code, including hypodermic needles, pen
needles, intravenous needles, lancets, and other devices that are used to penetrate the
skin for the delivery of medications, which are generated by a single-family or multi-family
residence. ‘Household Sharps Waste’ does not include any waste generated in the course
of operating a business concern at a residence, business generated waste, or medical
waste not described in this Agreement.
1.68 Indemnitees
“Indemnitees” means the City, its public officials, officers, employees, consultants,
agents, volunteers, and independent contractors serving in the role of the City officials.
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1.69 Landfill
“Landfill” means a “solid waste landfill,” as defined by Public Resources Code Section
40195.1.
1.70 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.
1.71 Large Venue
“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, perfor ming 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.
1.72 Local Education Agency
“Local education agency” means a school district, charter school, or county office of
education that is not subject to the control of City or county regulations related to solid
waste.
1.73 Materials Recovery Facility (“MRF”)
“Materials Recovery Facility” means a fully permitted Facility where Solid Wastes or
Recyclables are sorted or separated for the purposes of Recycling, processing or
composting.
1.74 Maximum Rate Schedule
“Maximum Rate Schedule” means that schedule of Customer rates at Exhibit 3.
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1.75 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):
i. 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).
ii. Was produced at one or more of the following types of Facilities:
a) 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);
b) 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,
c) A Solid Waste Landfill as defined in PRC Section 40195.1 that is permitted under
27 CCR, Division 2.
1.76 Multi-Family Dwelling
“Multi-Family Dwelling” means any building or lot containing three or more dwelling units.
Multi-Family Dwelling units generally receive Solid Waste and Recyclables Collection
through the use of shared Bins, or Carts.
1.77 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.
1.78 Organic Waste
“Organic Waste” or “Organics” means Green Waste, Food Waste, manure, and any other
organic waste material which is acceptable to be delivered to an organics processing
facility such as an anaerobic digester, or composting facility. Organic Waste includes
Source Separated Green Container Organic Waste.
1.79 Owner
“Owner” means the Person holding the legal title to the real property constituting the
Premises to which solid waste collection service is to be provided under this Agreement
or the Person holding legal title to the Disposal Site, depending upon the context used in
this Agreement.
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1.80 Person
“Person” means any individual, firm, association, org anization, partnership, corporation,
business trust, joint venture, the United States, the State of California, the County of Los
Angeles, cities, and special purpose districts.
1.81 Premises
“Premises” means any land, or building in the City where Solid Waste and Recyclables
are generated or accumulated.
1.82 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.
1.83 Prohibited Container Contaminates
“Prohibited Container Contaminants” means the following: (i) Discarded Materials placed
in the Blue Container that are not identified as acceptable Source Separated Recyclables
for the City’s Blue Container; (ii) Discarded Materials placed in the Green Container that
are not identified as acceptable Source Separated Organic Waste for the City’s Green
Container; (iii) Discarded Materials placed in the Gray Container that are acceptable
Source Separated Recyclables and Organic Materials to be placed in City’s Green
Container and/or Blue Container ; and (iv) Excluded Waste placed in any Container.
1.84 Proposition 218
"Proposition 218" means Articles XIIIC and XIIID of the California Constitution and any
implementing legislation promulgated thereunder, as may be amended from time to time.
1.85 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.
1.86 Rate Schedule
“Rate Schedule” means the approved schedule of maximum permissible monthly rates
currently in effect on the date Solid Waste Collection Service is provided.
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1.87 Rate Year
“Rate Year” means the period July 1 to June 30, for each year during the Term.
1.88 Recycling
“Recycling” means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become solid waste, and returning them to
the economic mainstream in the form of raw materials for new, reused, or reconstituted
products which meet the quality standards necessary to be used in the marketplace.
Recycling does not include Transformation.
1.89 Recyclables
“Recyclables” or “Recyclable Materials” means those materials which are capable of
being recycled and which would otherwise be processed or disposed of as Garbage.
Recyclables include those materials defined by the City, including newsprint (including
inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated
cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper,
and telephone books); glass containers; aluminum beverage containers; small scrap and
cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any
dimension for any single item); steel including ‘tin’ cans, aerosol cans (empty, non-toxic
products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in
any dimension for any single item); bimetal containers; #1-7 plastics regardless of form
or mold (including but not limited to plastic containers, bottles, wide mouth tubs, plastic
bags, film plastic, and polystyrene), aseptic containers, aluminum foil and pans; and those
materials added by Contractor from time to time. Recyclables includes Source Separated
Blue Container Organic Waste.
1.90 Recycling Rebate
“Recycling Rebate” is defined in Section 3.1.3 Recycling Rebate.
1.91 Refuse
“Refuse” means all Solid Waste except Construction and Demolition Debris and Bulky
Items.
1.92 Renewable Natural Gas
“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.
1.93 Residential
“Residential” refers to services performed at and for Residential Premises.
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1.94 Residential Premises
“Residential Premises” means Premises upon which dwelling units exist, including,
without limitation, Single Family and Multi-Family Dwellings, apartments, boarding or
rooming houses, condominiums, mobile homes, efficiency apartments, and second units.
Notwithstanding any provision to the contrary in this Agreement, in the Rancho Palos
Verdes Municipal Code, or otherwise, for purposes of this Agreement, Premises upon
which the following uses are occurring shall not be deemed to be Residential Premises,
and rather shall be deemed to be Commercial Premises: Assisted Living Facilities,
Convalescent Homes, Dormitories, Extended Stay Motels, Group Residential Facilities,
Adult Residential Facilities, Group Care Facilities, Hotels, Motels, time-shares, resorts,
spas and any other businesses not specifically listed at which residency is transient in
nature and hence should be classified as Commercial Premises. In the event a question
ever arises as to whether a specific Premises meets the definition of Residential
Premises, the City Manager shall determine whether that definition will apply, which
determination shall be final and binding on the Parties.
1.95 Roll-off Box
“Roll-off Box” means Solid Waste and Recyclables Collection Containers of 10-yards or
larger.
1.96 Route Review
“Route Review” means a procedure in which individual containers set out for collection
along the Contractor’s routes are visually or electronically inspected on a representative
sample basis to determine the degree to which they are contaminated.
1.97 Rubbish
“Rubbish” means, without limitation, the following items: waste and refuse capable of
burning readily, including straw, packing materials, leather, rubber, clothin g, bedding,
books, rags and all similar articles which will burn by contact with flames or ordinary
temperatures; and ashes, crockery, china, pottery, metal wire and other similar materials.
1.98 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 e missions reduction
targets in a statewide effort to reduce emissions of short -lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.
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1.99 SB 1383 Regulations
“SB 1383 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.
1.100 Scavenging
“Scavenging” means the unauthorized removal of Recyclables that have been set out for
Collection.
1.101 Scout Vehicle(s)
“Scout Vehicle(s)” are defined in Section 4.2.8 Scout Vehicles.
1.102 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.
1.103 Service Level
“Service Level” means 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.
1.104 Seniors
“Seniors” is defined in Section 5.1.4.1 Senior Rate Reduction.
1.105 Service Area 1
“Service Area 1” means all areas of the City outside of Service Area 2.
1.106 Service Area 2
“Service Area 2” means that area of the City identified in Exhibit 1.”
1.107 Single Family Dwelling
“Single Family Dwelling” means a dwelling unit in a building containing two or fewer
Residential dwelling units. Single Family Dwelling units generally receive indivi dual Cart
Refuse Collection service.
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1.108 Solid Waste
“Solid Waste” means all putrescible and non-putrescible solid, semisolid wastes, including
Garbage, trash, Refuse, paper, Rubbish, ashes, industrial wastes, Construction and
Demolition Debris, discarded home appliances, Manure, vegetable or animal solid and
semisolid wastes, and other discarded solid and semisolid wastes that are permitted to
be disposed of in a Class III Landfill. ‘Solid Waste’ includes Recyclables, Organics, Green
Waste, Construction and Demolition Debris, and Bulky Items. Solid Waste does not
include Hazardous Waste, or untreated medical waste.
1.109 Solid Waste Facility
“Solid Waste Facility” means a solid waste transfer or processing station, a composting
facility, a gasification facility, a Transformation Facility, or a Disposal Site.
1.110 Solid Waste Collection Service
“Solid Waste Collection Services” means the Collection, Transportation, storage,
Transfer, Processing, and Disposal of Solid Waste.
1.111 Source Separated
“Source Separated” means the segregation by the Waste Generator of Recyclables or
Organics, which otherwise would become Solid Waste.
1.112 Source Separated Blue Container Organics 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.
1.113 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 the separate Collection of Organic Waste by the Waste Generator, excluding
SSBCOW, carpets, Non-Compostable Paper, and textiles. SSGCOW is a subset of
Organic Waste.
1.114 Split Bin
“Split Bin” means a Bin that is split or divided into segregated sections, in which the
material in each section is collected by separate vehicles.
1.115 State
“State” means the State of California.
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1.116 Term
“Term” means the initial Term of this Agreement together with any extension of the initial
Term as set forth in Section 2.4.
1.117 Tier One Commercial Edible Food Generator
“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.
D. Food Distributor.
E. Wholesale Food Vendor.
1.118 Tier Two Commercial Edible Food Generator
“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.
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1.119 Transfer
“Transfer” means the act of transferring Solid Waste 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.
1.120 Transfer Station
“Transfer Station” means a Facility that received Solid Waste from collection vehicles and
transfers the material to larger vehicles fo r transport to landfills and other destinations.
Transfer Stations may or may not also include MRFs, transferring residual Refuse
(Refuse left after the sorting of Recyclables) to landfills and Recyclables, including
Organics and/or Construction and Demolition debris, to processors, brokers or end-users.
1.121 Transformation
“Transformation” means incineration, pyrolysis, distillation, gasification, or biomass
conversion other than composting.
1.122 Transformation Facility
“Transformation Facility” means a facility whose principal function is to convert, combust,
or otherwise process solid waste by incineration, pyrolysis, distillation, or biological
conversion other than composting. A Transformation Facility does not include a
composting facility or a biomass conversion facility.
1.123 Transportation or Transport
“Transportation” or “Transport” means the act of conveying Collected materials from one
location to another.
1.124 Universal Waste
“Universal Waste” means any of the following waste that are conditionally exempt from
classification as Hazardous Wastes pursuant to Title 22 of the California Code of
Regulations (22 CCR), section 66261.9: (i) batteries as described in 22 CCR section
66273.2; (ii) thermostats as described in 22 CCR section 66273.4; (iii) lamps as
described in 22 CCR section 66273.5; and (iv) cathode ray tube materials as described
in 22 CCR section 66273.6.
1.125 Waste Evaluation
“Waste Evaluation” means a procedure in which representative samples of waste and
recyclables are taken from vehicle loads and sorted at a permitted facility to determine
the degree to which the material is contaminated.
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1.126 Waste Generator
“Waste Generator” means any Person whose act or process produced Solid Waste or
Recyclables, or whose act first causes Solid Waste or Recyclables to become subject to
regulation.
1.127 Working Day
“Working Day” means any day of the week except Saturday and Sunday and the following
holidays: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day,
or December twenty-fifth.
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2 GRANT AND ACCEPTANCE OF RIGHTS
2.1 Grant and Acceptance of Rights, Indemnity of Award
Subject to the terms and conditions of this Agreement (including but not limited to the
exclusions set forth in Section 2.8 Limitations to Scope and Applicable Laws, and to the
rights of State, county and school district facilities, and other entities that are permitted
pursuant to state law, to use a Solid Waste enterprise other than Contractor, City hereby
grants to Contractor and Contractor hereby accepts from City, for the Term of this
Agreement, the exclusive right and privilege to provide Solid Waste Collection Services
at Residential Premises within the City.
City may grant collection agreements or permits or otherwise allow others to provide Solid
Waste Collection Services to Residential Premises or provide services exempt from this
Agreement per Section 2.8 Limitations to Scope. If there is a dispute as to whether the
provision of a particular service to a particular customer is included under this Agreement,
the City Manager will make the final determination, which determination shall be final and
binding on the Parties.
Contractor agrees to and shall timely take all actions that are reasonably necessary to
defend the validity and enforceability of this Agreement and shall pay all costs related to
such defense. Contractor shall defend, indemnify, protect and hold harmless, the
Indemnitees from any and all claims, actions or proceedings to attack, set aside, void,
annul or seek monetary damages resulting from an approval by the City of this
Agreement; provided, however, Contractor shall not be responsible for indemnifying the
City for any monetary damages which are awarded as a result of, or arising from, the
City’s active negligence or gross misconduct. The City shall promptly notify Contractor of
any such claim, action, or proceeding. The City and Contractor shall meet in good faith in
an effort to come to a mutual agreement for a joint defense; provided that the City shall
be entitled to select legal counsel of its choice to conduct the defense if an agreement
cannot be reached. Contractor’s obligations to pay all costs, defend, indemnify, protect
and hold harmless under this section shall not be altered in the event City retains separate
counsel.
2.2 Enforcement of Exclusivity
City shall have the right to enforce the exclusivity provisions of this Agreement if, in its
absolute and sole discretion, it chooses to do so, but shall have no obligation to do so for
the benefit of Contractor or otherwise. City additionally shall have the right, but not the
obligation, to request that Contractor enforce the exclusivity provisions of this Agreement.
Contractor shall have an affirmative obligation to enforce such exclusivity provisions when
requested to do so by City. If Contractor requests that City take administrative, law
enforcement, or other legal action to protect Contractor’s exclusive rights, or otherwise
enforce the exclusivity of this Agreement (including the adoption of any resolution or
ordinance intended to facilitate the enforcement of the exclusive rights granted in this
Agreement), Contractor shall reimburse City for its all administrative, law enforcement, or
other legal costs and fees related to any such action.
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2.3 Effective Date; Start of Services
This Agreement shall become effective on the Effective Date . Start of service shall begin
on April 1, 2022.’
2.4 Term of Agreement
The term of this Agreement shall start on April 1, 2022 and expire June 30, 2029 (the
“Term”). The Term may be extended by mutual agreement of the Parties for an additional
five (5) year term beginning on July 1, 2029.
2.5 Representations and Warranties of Contractor
Contractor hereby covenants, represents, and warrants the following to City for the
purpose of inducing City to enter into this Agreement and to consummate the transaction
contemplated by this Agreement, all of which shall be true as of the Effective Date of this
Agreement
a) Contractor is duly organized and validly existing as a corporation under the laws
of the State of California.
b) Contractor is duly organized, validly existing and in good standing under
Applicable Laws. It is qualified to transact business in the State of California and
has the power to own its properties and to carry on its business as now owned
and operated and as required by this Agreement
c) Contractor has the authority to enter into and perform its obligations under this
Agreement. The Board of Directors or partners of Contractor (or the shareholders, if
necessary) have taken all actions required by law, its articles of incorporation, its
bylaws or otherwise to authorize the execution of this Agreement. The Persons
signing this Agreement on behalf of Contractor have authority to do so.
d) Neither the execution of this Agreement nor the delivery by Contractor of services nor
the performance by Contractor of its obligations hereunder: (1) conflicts with, violates
or results in a breach of any Applicable Law; (2) conflicts with, violates or results in a
breach of any term or condition of any judgment, decree, agreement (including,
without limitation, the certificate of incorporation of Contractor) or instrument to which
Contractor is a party or by which Contractor or any of its properties or assets are
bound, or constitutes a default under any such judgment, decree, agreement or
instrument; or (3) will result in the creation or imposition of any encumbrance of any
nature whatsoever upon any of the properties or assets of Contractor.
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e) There is no action, suit or other proceeding as of the date of this Agreement, at law
or in equity, or to the best of Contractor’s knowledge, any investigation, before or by
any court or governmental authority, pending or threatened against Contractor which
is likely to result in an unfavorable decision, ruling or finding which would materially
and adversely affect the validity or enforceability of this Agreement or any such
agreement or instrument entered into by Contractor in connection with the
transactions contemplated hereby, or which could materially and adversely affect the
ability of Contractor to perform its obligations hereunder or which would have a
material adverse effect on the financial condition of Contractor. [This provision may
be waived by the City.}
f) Contractor has no knowledge of any Applicable Law in effect as of the date of
this Agreement that would prohibit the performance by Contractor of this
Agreement and the transactions contemplated hereby.
g) Contractor has made an independent investigation, satisfactory to it, of the
conditions and circumstances surrounding this Agreement and the work to be
performed by it, and is satisfied that those conditions and circumstances will not
impair its ability to perform the work and provide the Collection services required
by this Agreement.
h) The information supplied by Contractor in all submittals made in connection with
negotiation and execution of this Agreement, including but not limited to all information
in Contractor’s Proposal and all materials in Exhibits to this Agreement, and all
representations and warranties made by Contractor throughout this Agreement are
true, accurate, correct and complete in all material respects on and as of the Effective
Date of this Agreement.
i) Contractor’s Contractor Representative, designated in Section 2.7.2, shall have
authority in all daily operational matters related to this Agreement. City may rely
upon action taken by such designated representative as action of Contractor
unless the actions taken are not within the scope of this Agreement.
j) The landfills proposed by Contractor are properly permitted by the Regional Water
Quality Control Board and CalRecycle, are classified as Class 3 landfills (permitted
to receive municipal Solid Waste), comply with all Applicable Laws, are not on or
being considered for inclusion on a state or federal Superfund list, or a
CalRecycle list of Solid Waste facilities failing to meet State minimum standards,
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and that they will in fact accept all Solid Waste Collected from within the City
during the Term.
k) The Designated Recycling Facility is properly permitted and in compliance with
all Applicable Laws.
l) The Designated Organics Processing Facility is properly permitted and is in
compliance with all Applicable Law.
m) No elected official, officer, agent or employee of the City has a financial interest,
directly or indirectly, in this Agreement, the compensation to be paid under it and,
further, no City employee who acts in the City as a “purchasing agent” as defined
in the appropriate Section of California Statutes, nor any elected or appointed
officer of the City, nor any spouse or child of such purchasing agent, employee or
elected or appointed officer, is a partner, officer, director or proprietor of the
Contractor and, further, that no such City employee, purchasing agent, City
elected or appointed officer, or the spouse or child of any of them, alone or in
combination, has a material interest in the Contractor. Material interest means
direct or indirect ownership of more than five percent (5%) of the total assets or
capital stock of the Contractor.
n) Contractor is familiar with City’s prohibition against acceptance of any gift by a
City officer or designated employee. Contractor shall not offer any City officer or
designated employee any gifts prohibited by the City.
2.6 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 in this Agreement:
a) Accuracy of Representations. 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, and shall remain so during the Term of this
Agreement.
b) Absence of Litigation. There shall be no litigation pending in any court
challenging the award of this Franchise to Contractor or the execution of this
Agreement or seeking to restrain or enjoin its performance.
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c) Furnishing of Insurance, Bond, and Letter of Credit. Contractor shall have
furnished evidence of the insurance, bonds and letter of credit required by
Article 9, and shall comply with all ongoing requirements relating thereto.
d) Effectiveness of City Council Action. City Council’s approval of this Agreement shall
have become effective pursuant to California law on or the Effective Date.
2.7 Delegation of Authority
2.7.1 City Representatives
References in this Agreement to the “City” shall mean the City Council and all actions to
be taken by City shall be taken by the City Council except where this Agreement expressly
delegates the authority to the City Manager, in which case the action shall be taken by
the City Manager, or his or her designee. The City Council may also delegate, in writing,
additional authority to the City Manager, and/or to other City employees and may permit
such employees, in turn, to delegate in writing some or all of such authority to subordinate
employees. Contractor may rely upon actions taken by such delegates if they are within
the scope of the authority so delegated to them.
2.7.2 Contractor Representative
Contractor shall, by the Effective Date, authorize and designate in writing a responsible
officer who shall serve as the representative of Contractor in all matters related to this
Agreement and who shall be responsible for working with City and/or City’s designated
representative(s) to resolve Agreement-related issues (“Contractor Representative”).
Contractor shall include in the written designation any limitations upon the Contractor
Representative’s authority to bind Contractor. City shall have the right to approve the
Contractor’s choice for Contractor Representative. City shall be notified in advance of any
change in Contractor Representative. Contractor acknowledges and agrees that City may
rely upon action taken by the Contractor Representative as actions of Contractor taken
on behalf of and with the full approval of the Contractor unless the action is outside the
scope of the authority delegated to him/her by Contractor as communicated in writing to
City.
2.8 Limitations to Scope
The exclusive franchise, right and privilege to provide Solid Waste Collection Services at
Residential Premises within the City granted to Contractor by this Agreement specifically
excludes the following services, which services may be provided by Persons other than
Contractor and which may be the subject of other permits, licenses, franchises or
agreements issued or entered by City:
a) The sale or donation of Source Separated Recyclable Material by the Waste
Generator to any Person or entity other than Contractor; provided, however, to the
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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, 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;
b) Solid Waste, including Organics and Bulky Items, and Recyclables which are
removed from any Premises by the Waste Generator, and which is transported
personally by such Generator (or by his or her full-time employees) to a
processing or Disposal Facility in a manner consistent with all Applicable Laws
and regulations;
c) Green Waste removed from a Premises by a gardening, landscaping, or tree
trimming contractor, utilizing its own equipment, as an incidental part of a total
service offered by that contractor rather than as a hauling service;
d) The Collection, Transfer, Transport, Recycling, Processing, and Disposal of animal
waste and remains from slaughterhouse or butcher shops for use as tallow;
e) The collection, transfer, transport, Recycling, processing, and disposal of by-
products of sewage treatment, including sludge, sludge ash, grit and screenings;
f) The collection, transfer, transport, Recycling, processing, and disposal of
Hazardous Substances, Hazardous Waste, Household Hazardous Waste and
radioactive waste regardless of its source;
g) Construction and Demolition Debris which is removed by a duly -licensed
construction or demolition company or as part of a total service offered by that
licensed company or by the City, where the licensed company utilizes its own
equipment;
h) Solid Waste generated on a Commercial Premises;
i) Temporary Bin and Roll-Off Box service (for material generated from temporary
clean-up or Construction and Demolition projects, not generated on an on-going
basis by Residents);
j) The Collection, transfer, transport, Recycling, processing, and Disposal of Solid
Waste and Recyclables generated at City Facilities and City beaches or from
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public works projects, or Collected from the public right’s-of-way by City through
City officers or employees in the normal course of their City employment;
k) Solid Waste Collection Services for governmental agencies other than City,
which may have facilities in the City, but over which City has no jurisdiction in
connection with the regulation of Solid Waste; and,
l) Containers delivered for Recycling under the California Beverage Container
Recycling Litter Reduction Act, Section 14500, et. seq., California Public
Resources Code.
While the grant contained in this Agreement shall not be exclusive with respect to the
above noted matters, Contractor shall still be obligated to provide those services which
may be included in the above (including but not limited to Collection of Bulky Items,
Collection of Organics, Collection of Recyclables, Collection of Solid Waste, and
Collection at City Facilities and other services pursuant to terms set forth in this
Agreement.
The exclusive franchise, right and privilege to provide Solid Waste Collection Services
within the City granted to Contractor by this Agreement shall be interpreted to be
consistent with all Applicable Laws, and the scope of this Agreement shall be limited by
all Applicable Laws. In the event that future interpretations of current law, future
enactments or developing legal trends limit the ability of City to lawfully grant Contractor
the scope of services as specifically set forth in this Agreement, 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.
2.9 City’s Right to Direct Changes
2.9.1 General
City may direct Contractor to perform additional Solid Waste Collection Services
(including new Diversion programs, etc.) or modify the manner in which it performs
existing services or Bills for services. Pilot programs and innovative services which may
entail new Collection methods, and different kinds of services and/o r new requirements
for Waste Generators are included among the kinds of changes which City may direct.
Contractor acknowledges that State or City law may increase the Diversion requirement
during the term of this agreement and Contractor agrees to propose services to meet
such Diversion requirements. Contractor shall be entitled to an adjustment in its
Contractor Compensation for providing such additional or modified services, including a
profit factor equal to ten percent (10%) of the incremental cost of such additional or
modified services. City may utilize cost components included in the Contractor’s Proposal
in calculating equitable rate adjustments. If the City Manager and Contractor cannot agree
on compensation for new or additional services, then City may contract with other parties
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for such services, which shall be considered exempt from the exclusivity provisions of
Section 2.1.
2.9.2 New Diversion Programs
Contractor shall present, within thirty (30) days of a request to do so by City, a proposal
to provide additional or expanded Diversion services. The proposal shall contain a
complete description of the following:
• Collection methodology to be employed (equipment, manpower, etc.).
• Equipment to be utilized (vehicle number, types, capacity, age, etc.).
• Labor requirements (number of employees by classification).
• Type(s) of Containers to be utilized.
• Type(s) of material to be Collected.
• Provision for program publicity/education/marketing.
• Three-year projection of the financial results of the program ’s operations
in an operating statement format including documentation of the key
assumptions underlying the projections and the support for those
assumptions.
• The added cost for providing such additional or expanded Diversion services.
• The projected increase in the City’s’ Diversion rate.
2.10 Ownership of Solid Waste
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 Solid Waste Collected by Contractor in City. Rather, the
Parties intend that whatever, if any, title in and to the Solid Waste that is Collected by
Contractor which 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. At no time does City obtain any right of ownership or possession of Solid
Waste placed for Collection, and nothing in this Agreement shall be construed as giving
rise to any inference that City has any such rights. City and Contractor agree that, for the
purposes of the Uniform Commercial Code and all other laws imposing liability for
defective products, it is Contractor, and not City which is to be considered the merchant
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of goods recycled pursuant to this Agreement. Subject to the provisions of this
Agreement, and unless City exercises its rights to direct the location for Disposal and
processing of Solid Waste, Contractor shall have the right to retain, Recycle, process,
dispose of, and otherwise use Solid Waste Collected pursuant to the terms of this Agreement
in any lawful fashion or for any lawful purpose; and, further, shall have the right to retain any
benefit resulting from its right to retain, Recycle, process, dispose of, or reuse the Solid Waste
which it Collects. Ownership of Solid Waste shall transfer to Contractor when Customer
places it at point of Collection.
2.11 Permits and Licenses
Contractor shall acquire and maintain, at its own expense, all permits and licenses
required by Applicable Law for the Collecting, transporting, processing, and storing of
Solid Waste, disposing of Solid Waste, and the Recycling and Processing of Recyclables
and Organics, and maintain same in full force and effect throughout the Term. Contractor
shall provide proof of such permits, licenses or approvals and shall demonstrate
compliance with the terms and conditions of such permits, licenses and approvals upon
the request of the City Manager, or his or her designee. Failure to maintain all required
permits shall be deemed a material breach of contract for which City may terminate this
Agreement as provided in Section 11.2. Contractor must follow requirements of the
Rancho Palos Verdes Municipal Code.
2.12 Contractor Name
Contractor name may not include “Rancho Palos Verdes” or any other language
indicating that the Contractor is a division of, or otherwise connected to, City.
2.13 Coordination with Other Jurisdictions
In the event that Contractor were to be awarded a similar franchise agreement with
another jurisdiction on the Palos Verdes Peninsula, or if the City had the opportunity to
coordinate the services under this Agreement, or non -exclusive Commercial services,
with another jurisdiction on the Palos Verdes Peninsula, Contractor shall act in good faith
to identify and realize efficiencies and or economies of scale to reduce costs, or slow the
growth of operating costs.
2.14 Good Faith Negotiations for Exclusive Commercial Service
Parties understand the following:
• Contractor, and other solid waste enterprises, provide Solid Waste Collection
Services to Commercial Premises in the City pursuant to separate non-exclusive
franchise agreements with the City.
• Contractor, and the other solid waste enterprises, have been lawfully providing
Solid Waste Collection Services for more than three previous years.
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• Pursuant to Public Resource Code 49520, Contractor, and the other solid waste
enterprises, possess statutory rights to continue providing service for up to five (5)
years after mailed notification to the solid waste enterprise(s) by the City that
exclusive solid waste handling services are to be provided.
• On or about February 1, 2022, City notified Contractor, and other solid waste
enterprises, that the City intended to authorize exclusive solid waste services for
Commercial Premises on or about February 1, 2027.
Based on the above understandings, Parties agree that prior to February 2025,
Contractor and City shall enter into good faith negotiations to amend the scope and terms
of this Agreement to enable Contractor to provide exclusive Solid Waste Collection
Services to Commercial Premises in the City. Contractor’s right to provide exclusive Solid
Waste Collection Services to Commercial Premises in the City would start on or about
February 1, 2027.
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3 Fees Paid to the City
As part of its consideration for entering into this Agreement, and for the exclusive
franchise, right and privilege to provide Solid Waste Collection Services as specified in
this Agreement, Contractor shall pay the fees specified in this Article 3.
3.1 Other City Fees
3.1.1 Collector Fee
In consideration of the exclusive right to Collect provided in Section 2.1 of this Agreement,
throughout the Term, Contractor shall continue to pay to City the Collector Fee. For the
twelve months ending June 30, 2022, the Collector Fee is six hundred forty-eight
thousand one hundred nineteen dollars ($648,119). The Collector Fee shall adjust at the
same rate that the Customer rates are adjusted pursuant to Article 6. Rate adjustments
effective each July 1 will apply to the Collector Fee as of the following September 30
quarterly payment.
Contractor shall pay the Collector Fee quarterly. The quarterly Collector Fee payment to
the City is due on September 30, December 30, March 30 and June 30 of each year. If
payment is not received by the City by the due date, Contractor shall pay to City a penalty
in an amount equal to ten percent (10%) of the amount owing for that quarter, plus interest
at a rate of one and one-half (1.5%) per month.
3.1.2 Environmental Programs Fee
To support City’s environmental efforts, throughout the Term, Contractor shall continue
to pay to City an Environmental Programs Fee. For the twelve months ending June 30,
2022, the Environmental Programs Fee is one hundred sixty-three thousand six hundred
eighty-eight dollars ($163,688). The Environmental Programs Fee shall adjust at the
same rate that the Customer rates are adjusted per Article 6. Rate adjustments effective
each July 1 will apply as of the following September 30 quarterly payment.
Contractor shall pay the Environmental Programs Fee quarterly. The quarterly
Environmental Programs Fee payment to City is due on September 30, December 30,
March 30 and June 30 of each fiscal year. If payment is not received by the City by the
due date, Contractor shall pay to City a penalty in an amount equal to ten percent (10%)
of the amount owing for that quarter, plus interest at a rate of one and one -half (1.5%) per
month.
3.1.3 Recycling Rebate
Contractor shall rebate to Customers a Recycling Rebate equal to one dollar and fifty -
eight cents ($1.58) per month in Area 1, and one dollar and thirty-one cents ($1.31) per
month in Area 2, for each Single-family and Multi-family Dwelling Unit. This Recycling
Rebate is intended to reimburse ratepayers for the revenue Contractor receives in
California Refund Value (CRV) funds (“Recycling Rebate”). Actual CRV funds received
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by Contractor may be higher or lower; adjustments to this Recycling Rebate will not be
made based upon actual CRV value received by Contractor. This Recycling Rebate will
be fixed, unless and until the CRV rate for all beverages under 24 oz. is adjusted. The
$70,000 per quarter amount will adjust by the same percentage change as the rate for
the all beverages under 24 oz., which is $0.05 per container as of the execution of this
Agreement. Adjustments will be prorated for any period between the date the new CRV
rate becomes effective and the next scheduled payment date. An increase in this
Recycling Rebate does not result in an increase in Customer rates.
The quarterly Recycling Rebate payment to City is due on September 30, December 30,
March 30 and June 30 of each fiscal year.
If payment is not received by the City by the due date, Contractor shall pay to City a
penalty in an amount equal to ten percent (10%) of the amount owing for that quarter,
plus interest at a rate of one and one-half (1.5%) per month.
3.2 Future Fees
In the event that City implements a new fee to be paid by the Contractor, Contractor shall
be entitled to a rate adjustment in an amount sufficient to recover the fee from Customers.
City may elect to have Contractor pay in accordance with terms under Section 3.1, or on
another schedule as City identifies. City may set deadlines and late fees, and additional
fees would be subject to audit.
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4 Direct Services
4.1 General
4.1.1 High Quality Collection Service
The work to be done by Contractor pursuant to this Agreement shall include, but not be
limited to, the furnishing of all labor, supervision, equipment, materials, supplies, and all
other items necessary to perform the services required. The enumeration of, and
specification of requirements for, particular items of labor or equipment shall not relieve
Contractor of the duty to furnish all other items, as may be required, whether enumerated
elsewhere in this Agreement or not. The work to be done by Contractor pursuant to this
Agreement shall be accomplished in a thorough and professional manner so that all
Customers are provided reliable, courteous and high-quality Solid Waste Collection
Services.
4.1.2 Summary of Terms
Here is a summary of terms that are used in this Section:
‘Refuse’ includes Garbage, Rubbish, and mixed waste ; essentially, trash. ‘Refuse’ is
synonymous with Gray Container Waste. ‘Refuse’ is collected in Gray Carts.
‘Recyclables’ include non-organic recyclable material such as bottles, cans, and plastic.
‘Recyclables’ also includes dry organic recyclable material such as paper and cardboard .
Recyclables set aside for collection are also known as Source Separated Blue Container
Organic Waste (SSBCOW). Recyclables are collected in Blue Carts.
‘Greenwaste’ includes grass, leaves, and yard trimmings. ‘Food Waste’ includes Food
Scraps and Food Soiled Paper. ‘Organics’ includes both Greenwaste and Food Waste.
Organics set aside for collection are also known as Source Separated Green Container
Organic Waste (SSGCOW). Organics are collected in Green Carts. Only Greenwaste
properly bundled may be placed outside the Green Carts for collection. Although the
definition of Food Waste in the SB 1383 Regulations includes Compostable Plastics,
those are not allowed in the Green Container because they do not decompose as
advertised.
4.1.3 Service Areas 1 and 2
The City is organized into two service areas; Service Area 1 and Service Area 2. The
boundaries of Service Area 2 are shown in Exhibit 1. Service Area 1 includes all other
areas of the City outside of Service Area 2. Exhibit 1 shows that Service Area 2 is further
subdivided into Areas A, B, C, and D. Areas A and B in Service Area 2 receive automated
Cart Collection service as described below in Sections 4.2.1, 4.3.1, and 4.4.1. Areas C
and D in Service Area 2 receive unlimited backyard collection service as described further
below in Sections 4.16, 4.18, and 4.19.
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4.2 Refuse
4.2.1 Cart Refuse Collection
Contractor shall provide all Customers at Single Family Dwellings and Multi -Family
Dwellings without Bin Service, with one Gray Cart“”, and shall Collect all Refuse placed
therein for Collection not less than once per week. If there is a dispute between a
Customer and Contractor as to whether Cart or Bin service shall be provided, the City
Manager will make the final determination, which determination shall be final and binding
on Contractor and Customer. Cart Customers shall be instructed to place the Cart(s) in
the street gutter for Collection, unless the Customer receives Backyard Service or flag lot
service. However, Contractor shall relocate Carts for Collection when necessary, and
return them to their original position.
Cart Customers that regularly require more than one Gray Cart may request additional
Gray Carts for an additional charge per Cart per month in accordance with the Rate
Schedule.
Customers may select a 35, 64 or 96-gallon cart. The 64-gallon cart shall be the default
in the event that a size is not selected. Multi-Family Customers receiving Gray Cart
service are entitled to the same services as Single Family Cart Customers and shall pay
the same rates. Contractor shall provide curbside collection service, in accordance with
this Section 4.2.1 in the areas depicted as Area A and Area B in Service Area 2 shown in
Exhibit 1.
4.2.2 Gray Cart Overage
Cart Customers may periodically generate more Refuse than will fit in the Gray Cart(s).
Cart Customers are therefore entitled to two pickups per calendar year of material t hat
does not fit in the Gray Cart(s) at no additional cost, so long as such material is placed
beside Customer’s Gray Cart. One pickup shall consist of up to the equivalent of three (3)
large bags, boxes or barrels of Refuse. Contractor shall Collect all R efuse put out for
Collection, in addition to the foregoing two (2) pickups to be provided at no charge. Cart
Customers may be charged per pickup in accordance with the approved Rate Schedule
for overage pickups above two (2) per year. In addition to the two (2) no-charge pickups,
Contractor shall Collect all additional Refuse placed out for Collection in the Cart
Customer’s own Containers (bags, barrels, etc.) at no additional charge during the period
beginning December 26 through the end of the holiday tree Collection period (see Section
4.4.4). This service is limited to Refuse that could otherwise be placed in the Gray Cart,
and not Bulky Items, which are Collected in accordance with Section 4.2.13. To help
facilitate Contractor record keeping, Contractor may request in public educatio n materials
that Customer call in Cart overages, but will Collect an overage whether or not it was
called in. Customers shall not be expected to call in from December 26 through January
15, the holiday tree Collection period.
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4.2.3 Backyard Service
“Backyard Service” means the Contractor removes all Collection Carts, Green Waste
bundles and Gray Cart Overages per Section 4.2.2 from a Cart Customer’s designated
Collection location other than curbside, such as backyard, side yard, or driveway, for
Collection, and returns Carts and other containers when Collection is complete. Customer
may request backyard service and Contractor may charge customers requesting
Backyard Service in accordance with the Rate Schedule, unless the Customer falls under
the exception for disabled customers described below in Section 4.2.4.
4.2.4 Backyard Service for the Disabled
Contractor shall provide disabled Cart Customers with Backyard Service at no additional
charge. Contractor will remove Refuse, Recyclables and Organics and Green Waste
bundles from Customer’s outdoor storage area, place them out for Collection, and return
Containers to Customer’s outdoor storage area after Collection, ensuring that all doors or
gates are closed securely. Contractor shall not enter garages.
In order to qualify as disabled under this section, Customers must demonstrate to
Contractor that they have been issued a handicap placard from the Department of Motor
Vehicles, and received written confirmation from a medical doctor that the Customer is
physically unable to reasonably wheel Carts to and from the curb. Doctor ’s letter should
include the duration of this disability and Contractor may limit no-charge Backyard Service
to this time period. Walk-out service need not be provided if an able-bodied adult resides
with the disabled Customer. Contractor may require annual confirmation that the disability
continues and that no able-bodied individual resides at the premises.
4.2.5 Flag Lot Service
The City includes Residential Premises located somewhat behind other Residential
Premises (typically at cul-de-sacs), resulting in multiple driveways and limited curb space
at the street where Carts would typically be placed for Collection. Such lot placements
are referred to as “flag lots.” Where such limited curb space makes curbside placement
of all Carts impractical, Residents shall be permitted to line Carts up perpendicularly
alongside their driveways, as close to the curb as is reasonable for Collection. This
arrangement will usually require Collection Vehicle drivers to leave their vehicles to
position Carts for Collection and return them to alongside the driveway. Contractor will
not be permitted to charge an additional fee for this additional effort.
4.2.6 Bin Refuse Collection
Contractor shall provide Bin Refuse Service to Residential Customers that do not receive
Cart Refuse service. Contractor shall Collect and remove all Refuse that is placed in Bins
from the property of Customers receiving Bin Service, at least as frequently as required
per the Rancho Palos Verdes Municipal Code and more frequently if required to handle
the waste generated at the Premises where the Bins are located. The size of Bins may be
determined by mutual agreement between Customer and Contractor; provided, however,
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the City Manager shall make the final determination as to the number and size of Bins, and
frequency of Collection to be provided to Bin Customers. Special consideration shall be
given when determining the pickup areas to ensure that the flow of traffic is not impeded.
Contractor shall provide two, three, four and six cubic yard Bins upon request. Contractor
will service Bins equipped with compaction devices or “compactors” that attach to the
Bins. The sale, lease or provision of the compaction device itself is outside this
Agreement.
4.2.7 Overflowing Containers
Customers that regularly produce more Refuse than their current level of service can
accommodate, may have their service level increased in accordance with the following
procedure:
First Incident in Three Month Period - If more material is placed for Collection than fits in
a Bin or Cart (unless Collection of the overage has been properly arranged under Section
4.2.2), Contractor shall photograph the overflowing Container, Collect the Solid Waste,
and send to the Customer (at both the service and Billing addresses, if different) the
picture and a letter instructing that subsequent instances of overflowing Container may
result in a charge, and possibly in an increase in the level of service.
Second Incident in Three Month Period - Upon the second event of an overfilled Bin or
Cart (unless Collection of the overage has been properly arranged under Section 4.2.2)
in a three-month period, Contractor shall photograph the overflowing Container, Collect
the Solid Waste, and send to the Customer (at both the service and Billing addresses, if
different) the picture and a letter instructing that a third incident in that same three month
period may result in an increase in the level of service. For Bin Customers, if the Bin
overflowed sufficiently to require the driver to leave the Collection Vehicle to clean around
the Bin, Contractor may charge the Bin Overage Clean-up Fee in the Rate Schedule. For
Cart Customers, if Refuse was left beside the Cart for Collection other than as p ermitted
under Section 4.2.2, Contractor may charge the Cart Overage Clean -up Fee in the Rate
Schedule.
Third Incident in Three Month Period - Upon the third event of an overfilled Bin or Cart
(unless Collection of the overage has been properly arranged under Section 4.2.2) in a
three-month period, Contractor shall photograph the overflowing Container, Collect the
Solid Waste, and send to the Customer (at both the service and Billing addresses, if
different) the picture and a letter requesting that Customer increase its service level. If the
Customer declines, Contractor may petition City to permit Contractor to increase the
service level to accommodate the higher demand for service; the City Manager shall
make the final determination of whether to implement such an increase, which
determination shall be final and binding. If the Bin overflowed sufficiently to require the
driver to leave the Collection Vehicle to clean around the Bin, Contractor may charge the
Bin Overage Clean-up Fee in the Rate Schedule. If Refuse was left beside the Cart for
Collection other than as permitted under Section 4.2.2, Contractor may charge the Cart
Overage Clean-up Fee in the Rate Schedule.
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4.2.8 Scout Vehicles
Scout Vehicles are defined as vehicles that transport a Solid Waste Bin to and from the
point of Collection to provide access by a Collection Vehicle. Scout Vehicle service may
be charged for in accordance with the Rate Schedule. Any disputes between the
Contractor and the Customer as to whether Scout Vehicle se rvice will be used will be
determined by the City Manager, which determination shall be final and binding.
Contractor shall make best efforts to minimize the amount of time Bins are staged on the
street for Collection before being returned to their storag e locations.
4.2.9 Bin Push-out Service
Contractor may charge a fee for push-out service in accordance with the Rate Schedule
if the driver must move a Bin a over 35 feet from Customer’s storage location to where
the Bin must be positioned for Collection (without the use of Scout Vehicles). Any disputes
between the Contractor and the Customer as to whether the Bin push-out service fee applies
will be determined by the City Manager, which determination shall be final and binding.
4.2.10 Pup Route Service
Cart Customers with difficult to access Collection locations shall receive service using
small Collection Vehicles, or pup trucks. These small vehicles will be used for curbside
and back yard services for Refuse, Recyclables and Organics Collection. Contractor may
charge pup truck customers in accordance with pup truck rates in the Rate Schedule.
Customers receiving pup truck service immediately prior to the start of service under this
Agreement will continue to receive this service. Customers may request pup route service
and Contractor must receive written approval from the City Manager prior to adding any
Customer to, or removing any Customer from, the pup route. The City Manager’s decision
shall be final and binding as to which Customers will or will not receive this service.
Customers receiving pup truck service and backyard service shall be charged the
approved fees for each of these services.
4.2.11 Locking Bins
Contractor shall provide locking Bin Service (providing the hasp and lock and servicing
the lock) to Customers that request such service in accordance with the Rate Schedule.
The approved fee may be charged for each locked Bin, based upon the number of
scheduled pickups per week.
4.2.12 Return Trip Fee
Contractor may charge a fee, per the Rate Schedule, in the event that Contractor arrives
on time for a scheduled Collection of Bins, is impeded from Collection due to Container
being blocked or otherwise unable to be Collected due to factors within the Customer ’s
control, and Contractor must return a second time for Collection. Charge may be
assessed for the trip, not per Bin, in the event of a Customer with multiple Bins.
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4.2.13 On-Call Bulky Item Pickup
Contractor shall provide Bulky Item pickup service to all Single Family Dwelling and Multi -
Family Dwelling Customers. Each Residential dwelling unit, including Bin and Cart
Customer Dwelling Units, shall be entitled to three (3) Bulky Item pickups per calendar
year at no additional charge.
Customers may put out up to four (4) Bulky Items at each pickup. Pickup location will be
curbside for both backyard and curbside Cart Collection Customers (no Bulky Item
pickups from backyards), and by the Refuse Bin for Bin Customers. Multi -Family
complexes may arrange with Contractor for a complex -wide Bulky Item pickup day. An
item may be a piece of furniture, appliance, bag, box, or bed. Contractor may instruct
Customers to provide Contractor with a minimum of two Working Days ’ notice for the
items that shall be Collected on the Customer’s regular Collection day. Contractor shall
Collect all Bulky Items as defined in Section 1.14 including Electronic Waste. The
following provisions shall apply to this program:
• No single item that cannot be handled by two workers will be accepted.
• The following items will not be picked up: Hazardous Substances, Hazardous
Waste, including waste oil or anti-freeze. (For the purposes of this section,
universal wastes such as fluorescent bulbs, household batteries, and
Electronic Waste are not considered hazardous and will be Collected by and
disposed of in accordance with this Section as well as Sections 4.2.14 and
4.2.17 by Contractor.)
• Contractor shall record by type and weight (in tons) the Solid Waste Collected
from Bulky Item pickups. Contractor shall record the kinds and weights (in
tons) of Solid Waste diverted, if any, from the landfill through Recycling, reuse,
Transformation or other means of Diversion.
Customers that exceed the number of no-charge pickups per dwelling unit may
receive Bulky Item Collection under the same terms for a fee, in accordance with
the Rate Schedule.
4.2.14 Bulky Item Diversion
Bulky Items Collected by Contractor in accordance with Section 4.2.13, or otherwise
Collected under this Agreement, may not be landfilled or disposed of until the following
hierarchy of Diversion efforts has been followed by Contractor:
1) Reuse as is
2) Disassemble for reuse or Recycling
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3) Recycle
4) Disposal
This hierarchy is intended to preclude the use of front or rear loading packer vehicles for
Bulky Items unless either the compaction mechanism is not used to compact the Bulky
Items, or unless they have been designated for Disposal.
4.2.15 Household Hazardous Waste Events
Contractor shall educate Customers regarding local County Household Hazardous Waste
Events. In the event the County ceases to hold these events at its current local location,
Contractor shall work with City to identify an alternative site upon which HHW events may
be held. The City may request that Contractor conduct an event no more than one time
per calendar year for an additional cost.
4.2.16 Used Oil and Used Oil Filter Collection
Contractor shall Collect and Recycle used oil and used oil filters left curbside by Gray
Carts on Collection day. Contractor may instruct Customers to call-in for this service at
least 24-hours in advance, but Contractor shall Collect used oil and used oil filters left for
Collection whether or not a call-in was placed. Contractor shall provide used oil Recycling
containers to Customers that request them. Upon Collection of used oil, Contractor shall
leave an empty Container. Contractor shall include in its public educati on materials the
availability of this program and the free used oil Containers, and how to properly place
the oil and filters for Collection.
4.2.17 Disposal of Electronic Waste and Other Special Wastes
Contractor shall divert waste requiring special handling, such as Electronic Waste
Collected in accordance with Sections 4.2.13, 4.2.15, 4.2.16, 4.5.2, 4.5.6, or by other
means under this Agreement, by taking these goods to a properly permitted Facility, and
not by landfilling.
Contractor may encourage Customers through public education materials to bring small
items requiring special handling, such as fluorescent bulbs or batteries, to a local HHW
drop-off location, but will properly process such material received through the provision
of services under this Agreement at no additional charge.
4.2.18 Household Battery and Florescent Light Bulb Drop-Off
Contractor shall provide two Containers for household batteries and two Containers for
florescent light bulbs at City facilities as public drop -off sites. Contractor shall be
responsible for transporting full Containers to a properly permitted facility and replacing
the Collection Containers. Contractor shall pay for proper processing and disposal.
Contractor shall promote these sites in its newsletters, Billing inserts, and on its website.
Service under this section shall be provided by Contractor at no additional charge.
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4.2.19 Household Sharps Waste Disposal Program
Contractor shall implement and administer during the Term of this Agreement a
Household Sharps Waste Disposal Program. Under this program, residents will contact
Contractor, via Contractor’s website or customer service center, and request a Household
Sharps container. Within seven calendar days of request, Contractor shall mail or deliver
Household Sharps container with pre-paid return postage to the resident. Resident will fill
the container with Household Sharps material, and small quantities of acceptable medical
waste, and mail it back to the designated vendor for proper treatment and disposal.
Contractor shall incorporate the Household Sharps Waste disposal program into its public
education program. Contractor shall provide up to two hundred fifty (250) Household
Sharps containers each calendar year at no additional charge. For any Household Sharps
containers that exceed two hundred fifty (250) in a calendar year, Contractor may charge
a fee of twenty-five dollars ($25.00) per container. The charge for excess Household
Sharps containers shall increase at the same rate per year as the annual calculated
collection rate increase determined by Section 6.3.
4.2.20 Optional Household Hazardous Waste Programs
City may, but is not required to, implement any or all of the following options at any time
during the Agreement Term. Availability of these options does not preclude the City from
using alternative programs.
4.2.20.1 Optional Door-to-Door HHW Collection
City has the option at any time under this Agreement to direct Contractor to initiate a door-
to-door collection program for electronic waste, universal wastes, Sharps and other
pharmaceuticals. Contractor would be compensated at the rate of $0.50 per month per
Residential Customer for the first Rate Year. This rate shall increase at the same rate per
year as the annual calculated collection rate increase determined by Section 6.3. Items
to be Collected would include:
• Florescent bulbs
• Household batteries
• Household items containing mercury, such as thermometers and
thermostats
• Televisions, computer monitors, portable computers,
• Small appliances, such as printers, scanners and other small desktop
machines
• Cell phones and other small electrical devices
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• Microwave ovens, hair dryers and other small kitchen and grooming
appliances
• Sharps and non-controlled pharmaceuticals
This program, if implemented, will be in additional to, and not replace, other
services under this Agreement, such as no-charge bulky item collection of
electronic and other wastes.
4.2.20.2 Optional Pharmaceutical Drop Box Collection
City has the option at any time under this Agreement to direct Contractor to place a
pharmaceutical collection drop box at a City facility for the collection of all non -controlled
medicines, including liquids and bottles in original packing. Items would be accepted from
City Residents, not items from medical professionals that obtained such items in the
course of business. The cost for this service is $275.00 per month per 24 -gallon Container
per month. Additional medicines Collected above 24 -gallons shall be charged at $4.50
per pound. Alternatively, the City may elect to pass this cost directly through Billings at
$0.10 per home per month. These rates would be applicable during the first Rate Year,
shall increase at the same rate per year as the annual calculated collection rate increase
determined by Section 6.3.
4.3 Recycling
4.3.1 Recyclables Collection for Cart Refuse Customers
Contractor shall Collect all Recyclables from Single-family Residential Customers at no
additional cost. Contractor shall provide all Customers receiving Cart Refuse Collection,
and one-unit homes with Bin service, with a Blue Cart for Collection of Recyclables“”, and
shall Collect all Recyclables placed therein for Collection not less than once per week.
Contractor shall Collect Recyclable Material placed in Blue Carts for Collection from each
Customer on the same day as Customers’ Gray Cart is Collected. Cart Customers shall
be instructed to place the Blue Cart(s) in the street gutter for Collection, unless the
Customer receives Backyard Service or flag lot service. Contractor shall relocate Carts
for Collection when necessary, and return them to their original p osition.
Contractor shall have a Recycling program whereby it, at a minimum, Collects
newspaper, mixed paper (phone books, magazines, computer paper, junk mail, and
paper bags), cardboard, glass bottles and jars, aluminum cans, plastic containers,
tin/steel cans and any additional materials that can be recovered at the Designated
Recycling Facility used by Contractor. Contractor will update public education materials
accordingly as new items are added to those recovered by the Designated Recycling
Facility.
Customers that regularly require more than one Blue Cart may request additional Blue
Carts for Recyclables Collection at no additional charge.
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Customers may select a 35, 64, or 96-gallon cart. The 96-gallon cart shall be the default
in the event that a size is not selected.
4.3.2 Recyclables Collection from Bin Refuse Customers
Contractor agrees to provide, at no additional charge, unlimited Recyclables Collection
service to Bin Customers without a waiver approved by the City. Contractor may purchase
Recyclables from its Customers. The Contractor agrees to provide Recycling Bins and/or
Blue Carts to such Customers in sufficient quantities to meet the Recycling needs of each
Customer. Recyclables Collection programs shall be made available at a minimum for the
same materials as included above in Section 4.3.1.
4.3.3 Additional Recyclables Programs
In addition to the materials included above in Section 4.3.1, Contractor agrees to make
programs available for all other Recyclables for which it has established markets. The
Contractor shall notify all Customers of the availability of free Recyclables Collection
programs via a mailed notice at least once per year for the remainder of the Agreement.
4.3.4 Warning Notice
Contractor shall place a red tag or other warning notice approved by the City on all Blue
Carts and Green Carts that are contaminated, indicating to the Customer why the Cart
was not Collected, and providing Contractor’s phone number. For Bin Customers, or Cart
Customers with off-site management such as small apartment buildings, Contractor shall
also mail a copy of the warning to the Customer’s Billing address. The warning notice
shall be affixed prominently onto the Container to ensure that it is not inadvertently
removed due to weather conditions. The warn ing notice must be protected from rain, if
precipitation is present or forecasted, by placing it in a clear plastic bag prior to affixing to
Container. The warning notice shall be at least two inches by six inches (2” x 6”) in size.
The warning notice must identify the steps the Waste Generator must take to re start
Collection service.
Contractor shall document warning notices, recording the date and time of issuance,
address of service recipient, reason for issuance, name of employee who issued the
notice, and truck and route numbers. Contractor shall notify City on a monthly basis of
any warning notices issued pursuant to this section, and shall provide copies of such
warnings to City upon request. With prior written City authorization, Contractor may
remove Containers from habitual contaminators that have received a total of three
warnings on either or both Carts in any six-month period. Blue and Green Carts will be
returned only after six months, or upon direction of the City, or if there is a change of
occupancy. Recycling and Organics Containers for Bin Customers will be returned upon
written direction of the City, or if there is a change of occupancy.
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4.3.5 Marketing and Sale of Recyclables
Contractor shall be responsible for marketing and sale of all Recyclables Collected
pursuant to this Agreement. Subject to the requirement in Section 3.1.3 to rebate to
Customers the Recycling Rebate, Contractor may retain revenue from the sale of
Recyclables, and shall report the amount of such revenues to City upon request, with
actual CRV revenue separately reported to permit City to track Customer participation in
Recycling programs.
4.3.6 Minimum Recycling Requirements
Contractor shall divert from landfilling a minimum of 50% of all Solid Waste it Collects
under this Agreement. Compliance will be measured on a calendar year basis. Solid
Waste Collected shall only be considered to have been Recycled or diver ted as required
under this Agreement if it is deemed to be Diversion by CalRecycle in connection with
efforts to meet City’s Diversion goals.
Contractor shall provide documentation to the City within 30 days of the end of each
calendar year stating and supporting that calendar year’s Diversion rate. Diversion from
sources other than Contractor’s Collection and Diversion efforts (such as source
reduction, reuse, or Recyclables diverted by Solid Waste enterprises, Collection of
materials that are not the subject of this Agreement, or the efforts of self-haulers) is not
be counted as Diversion achieved by Contractor.
If these Diversion requirements are not met, City may instruct Contractor to initiate new
programs at Contractor’s expense for this goal to be met on a consistent basis.
4.3.7 Collection and Delivery of Recyclables
All loads of Recyclables shall be taken to the Designated Recycling Facility for material
recovery. Under no circumstances shall such loads be delivered for landfilling, even
temporarily. Recyclables properly set out for Collection (excluding contaminated loads
that have been red-tagged and recorded) shall only be Collected in vehicles on dedicated
Recycling routes bound for Facilities capable of Recycling Recyclables. Emptying
Containers of Recyclables that have been properly set out into a Refuse Collection
vehicle load is prohibited.
4.4 Organics Collection Program
4.4.1 Organics Collection for Single-Family Customers
Contractor shall provide all Single-family Customers receiving Cart Collection Service
with a Green Cart for Collection of Organics, including Food Scraps, and Food Soiled
Paper, but not including Compostable Plastics.
Contractor shall Collect all Organics from Single-family Residential Customers at no
additional cost. Contractor shall Collect all Source Separated Green Container Organics
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Waste placed in Green Carts, as well as unlimited Green Waste tied and bundled as set
forth below, and put out for Collection by Customers not less than once per week on the
same day as Refuse Collection. Single-family Customers shall be instructed to place the
Green Cart(s) in the street or gutter for Collection, unless the Customer receives
Backyard Service or flag lot service. Contractor shall relocate Green Carts for Collection
when necessary. Contractor shall return Green Carts to their original position after
Collection.
Contractor shall have an Organics Recycling program whereby it, at a minimum, Collects
the types of Organics defined in Section 1.78. Contractor shall only be obligated to Collect
Green Waste set out for Collection in bundles if it is tied and bundled and placed beside
Green Cart(s). Contractor shall not be required to Collect bundles that are greater than four
(4) feet long and more than eighteen (18) inches in diameter. Contractor may request
Customer to call in unusually large Green Waste loads or bundled Green Waste in advance,
and shall promote brush clearing in accordance per Section 4.4.5, but will Collect all material
properly set out for Collection. The Collection of Green Waste bundles under this Section is
not considered a Bulky Item pickup.
Customers may request two additional Green Carts at no additional charge. Residents
with Carts beyond three per dwelling unit may be charged in accordance with the Rate
Schedule.
Customers may select a 35 or 96-gallon cart. The 96-gallon cart shall be the default in
the event that a size is not selected.
4.4.2 Kitchen Caddies
Upon Customer request, Contractor shall provide each Single-family and Multi-family
Customer that receives Green Cart Collection Service with one (1) a food waste
receptacle (kitchen caddy) that Customers can use for in -home storage of Food Scraps
and Food Soiled Paper. Kitchen cadies shall be approximately one and one half (1.5)
gallons with a hinged and tight-fitting lid. Contractor shall deliver food waste receptacles
within five (5) days of Customer request. The manufacture, model, color, and labeling of
kitchen caddies shall be subject to the approval of the City.
4.4.3 Organics Collection for Multi-family Customers
Contractor shall provide Organics Collection Service to all Multi-family Customers
without a waiver approved by the City. Contractor shall provide sufficient Green Bins or
Carts to Multi-family Customers for Collection of Organics. Customers may subscribe
to the appropriate Service Level, which will include 64-gallon and 96-gallon Carts, or
2-cubic yard Bins. Contractor shall place Green Carts and Bins at one or more
community Collection points. Contractor shall Collect all Organics from Single-family
Residential Customers at no additional charge to City or customers.
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4.4.4 Holiday Tree Collection Program
At no additional charge, Contractor shall operate an annual holiday tree Collection
program from December 26 through January 15. During this period all holiday trees
placed out for Collection by Cart and Bin Customers on Customer ’s regular Collection
Day, at Customer’s Collection location for Refuse Container Collection, shall be Collected
by Contractor. After this period, trees will be Collected as Bulky Items under Section
4.2.13. Trees up to seven (7) feet in length will be Collected and diverted without
Customers needing to cut them. Contractor may request that Customers with larger trees
cut the trees to pieces no longer than seven (7) feet. Contractor will divert all holiday trees
from landfilling.
Upon request of the Owner or property manager, provided Customer’s property has
sufficient space, Contractor shall place a Roll-Off Box at Multi-Family complexes for the
Collection of holiday trees to be diverted.
4.4.5 Brush Clearing Events
Contractor shall conduct two brush clearing events per year at no additional charge, one
in April or May and one in September or October on dates to be set by the City Manager
(“Brush Clearing Event”). Each Brush Clearing Event will last for four Saturdays, each
Saturday focusing on one of four areas in the City. Contractor and City will instruct
Residents to clear brush and other Green Waste from their properties and place it
curbside for collection in tied bundles, barrels, compostable bags or other containers that
will facilitate Collection by Contractor during Brush Clearing Events. Contractor shall
provide unlimited curbside Collection of Green Waste. Customers may be instructed not
to use plastic bags. However, Contractor will Collect and divert Green Waste that is
placed for Collection in plastic bags.
One hundred (100) tons of brush/Green Waste collected per year through these events
shall be processed at no additional cost; the level of processing brush/Green Waste
included at no additional cost will be called the t hreshold. Tonnage in excess of the
threshold will be factored into the subsequent year ’s rate adjustment as described in
Section 6.6.
4.4.6 Brush Clearing Events - HOAs
At no additional cost to City or Customers, Contractor shall provide and service sufficient
Roll-Off Boxes up to twice per year to each homeowners’ association for the purpose of
brush clearing. Timing and placement of Containers to be mutually agreed upon between
Contractor and each homeowners’ association.
4.4.7 End Uses for Organics and Green Waste
Contractor shall divert Organics and Green Waste materials Collected through weekly
Cart and bundle Collection, holiday tree Collection and Brush Clearing Events from
Disposal. Contractor must provide end uses for Organics that maximize Diversion credit
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for City according to regulations established by CalRecycle. Green Waste may not be
used as Alternate Daily Cover (ADC). Contractor is responsible for monitoring how the
Organics and Green Waste will be diverted at the Designated Organics Processing
Facility and for selecting alternative facilities if necessary to ensure full Diversion credit.
Failure to obtain full Diversion credit for Green Waste or Organics shall be considered a
material breach and constitute an event of default by the Contractor. City has the option, but
not obligation, to direct Contractor where to deliver the material. If Contractor is using an
Organics processing facility that is in full compliance with the terms of this Agreement and
providing full Diversion credit, and City directs Contractor to use another facility at an
additional cost to the Contractor, Contractor may request a rate adjustment for such
additional costs. City may review request for accuracy and reasonableness and shall grant
a reasonable rate adjustment.
4.5 City Services
4.5.1 City Facilities Collection
Contractor shall Collect and dispose of all Refuse, Recyclable Material, and Organics put
in Containers for Collection at City Facilities at no charge. Service levels and number of
City Facilities serviced may increase during the Term without any additional
compensation paid to the Contractor or increase to rate payers. Collections shall be
scheduled at a time mutually agreed upon by Contractor and City, but not less than once
per week. Contractor shall allow each City Facility to use Carts, Bins, or Roll -off Boxes
for Refuse, Recyclables, and Organics Collection, as determined by the City Manager.
Contractor will provide locking Bin Service for City if requested at no additional charge.
4.5.2 E-Waste at City Facilities
Contractor shall Collect and Recycle or properly dispose of all Electronic Waste placed
at the City yard for Collection. This material includes both items generated at City
Facilities and items abandoned in the public right -of-way, including items Collected by
City crews and Contractor crews.
4.5.3 City-Sponsored Events
Contractor shall provide Refuse, Recyclables, and Organics Collection and
Disposal/processing service for City-sponsored events. This shall include providing
Containers (Bins, Roll-off Boxes, clearly labeled Recyclables and Organics Containers
and cardboard waste boxes with liners) to Collect and dispose of, or process, all Refuse,
Recyclables, and Organics as determined by City. The Contractor shall provide these
services at City-sponsored events, at no cost to City, the ratepayers, or the event
sponsors. City-sponsored events include, but are not limited to:
• Whale of a Day
• 4th of July Celebration
• Shakespeare By the Sea
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• Beach Clean-up/Earth Day
• Beach Clean-up/America Recycles Day
• City Hall/Office Clean-up Day
Additional events are anticipated as well.
4.5.4 Clean-Up Event Collection
City holds approximately 15 clean-up events per year. Contractor shall provide and
service twenty-four (24) 40-cubic-yard Roll-Off Box pulls per year at no additional cost for
these clean-up events. City estimates two Roll-Off Box pulls per event, but the number
used at each event may be higher or lower, as determined by City. Contractor shall
provide and service three-cubic-yard Bins at no additional cost for these clean-up events.
City may exchange these Roll-Off Box pulls for additional Bin pulls at a rate of six Bin
pulls per Roll-Off Box pull.
4.5.5 Emergency Collection and Disposal Service
Contractor will assist City at the City’s request with emergency Collection and Disposal
service (in the event of major disaster, such as an earthquake, storm, riot or civil
disturbance), or as otherwise determined necessary by the City, by providing Collection
equipment and drivers normally assigned to City. Contractor may charge City for actual
Disposal costs plus service rates per the Rate Schedule. Contractor shall develop an
emergency action plan that will include items such as:
• Emergency contact names and numbers;
• A specific commitment of resources (such man-power, vehicles and refuse
containers, to the extent not destroyed by the disaster) that would be made
available to the City in the event of a natural disaster; and,
• Optional resources that would be moved in from other locations should
local resources be unavailable.
Contractor must obtain written City approval for this plan within 60 days of the execution
of this Agreement. City may ask Contractor to revise its submitted plan.
4.5.6 Abandoned Item Collection
City crews provide abandoned item Collection services, delivering abandoned items to
the City yard for Collection and Disposal by Contractor. In the event that City crews need
additional assistance, Contractor will assist City crews (for up to twelve collection
requests per calendar year; each request may include one or more items), by Collecting
and disposing of, at no additional charge, within one Working Day of notification from City,
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items left in the City’s right-of-way, such as sidewalks, alleys, streets, and parkways.
Contractor will properly divert from landfilling or Dispose of such items in accordance with
Sections 4.2.14 and 4.2.17.
4.5.7 Street Sweeping Contract Management
’Contractor shall provide contract management services of City street sweeping services
in accordance with the current requirements specified by City at no additional cost to City.
Street sweeping services shall be provided through a street sweeping service provider
engaged by City.
In the event of (i) default of the street sweeping contract that is not the result of the
negligence or willful act of Contractor, and/or (ii) termination of street sweeping services
that is not the result of the negligence or willful act of Contractor, such default or
termination shall not be cause for default and/or termination of this Agreement.
’Any agreement entered into by City and a street sweeping service provider, are referred
to in this Agreement as the “Street Sweeping Agreement.” City shall assign the Street
Sweeping Contract to the Contractor for contract management.
Contractor shall ensure that street sweeping services are provided in accordance with
terms and conditions specified by City in the Street Sweeping Agreement. Contractor
shall be responsible for all inquiries on street sweeping through its customer service call
center and shall ensure that all matters are promptly corrected to the satisfaction of City.
Contractor shall coordinate street sweeping services with City ’s Code Enforcement
Division to enforce parking regulations related to street sweeping activities, as directed
by City’s Director of Public Works.
Contractor shall deliver an annual report to City on the number of linear miles swept,
amount of street sweeping debris collected and disposed, and other pertinent statistics
as may be required by the Director of Public Works.
Contractor shall be responsible for supervising the street sweeping service provider to
ensure the street sweeping service provider performs street sweeping services to the
highest level possible and properly disposes of street sweeping debris in a lawful manner.
Contractor shall ensure that all terms and provisions in the Street Sweeping Agreement
are maintained.
On or before the 10th day of each month, Contractor will invoice City for street sweeping
services performed during the preceding month by the street sweeping service provider.
Each invoice shall also itemize the additional street sweeping services performed during
the preceding month, by hour, and the actual costs incurred for processing of collected
sweepings and water. There shall be no additional fees added by Contractor for contract
management other than those requested by the street sweeping service provider.
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City shall pay each invoice within thirty (30) days after receipt, except such amounts as
City may in good faith dispute, which amounts City may withhold until resolution of the
dispute. Payment of any disputed amounts shall be made within ten (10) days following
resolution of the dispute.
Contractor shall remit appropriate payment to the street sweeping service provider in
accordance with the terms of Street Sweeping Agreement.
4.6 Operations
4.6.1 Schedules
To preserve peace and quiet, Solid Waste and Recyclables shall only be Collected
between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 9:00 a.m. and
5:00 p.m. on Saturday. Saturday Collection hours are extended from 8:00 a.m. to 6:00
p.m. for holiday make-up Collections and for brush clearing events. No Sunday Collection
is permitted without prior written approval from the City Manag er. Collection is only
permitted Monday through Friday for Cart service, unless Contractor receives advance
written approval from the City Manager. Saturday Collection for Cart service is permitted
on Saturday without advance approval if it is necessary du e to holiday scheduling or to
Collect a missed pickup. Contractor shall notify City no later than 7:00 a.m. on the
following Monday morning if it Collected Cart Customers on a Saturday due to a missed
pickup, and Contractor shall include the location of the missed pickup in the notice. If the
regularly scheduled Collection day falls on New Year’s Day, Memorial Day, Fourth of July,
Labor Day, Thanksgiving Day, or Christmas Day, Collection days for the remainder of
that week shall all be postponed one Collection day, and regularly scheduled Collections
shall resume by the following calendar week. If one of these holidays falls on a Saturday,
the Contractor shall perform
Collection on the following Monday. Holiday scheduling, including the addition or deletion
of holidays, is not permitted without advance written City approval.
Contractor shall review its operations plan outlining the Collection routes, intervals of
Collection and Collection times for all materials Collected under this Agreement with City
at least once annually, and upon thirty (30) day written notice requesting a review of its
operations plan. Contractor shall submit a copy of its Collection schedule and route map
within seven days if requested by City. If the plan is determined to be inadequa te by City,
Contractor shall revise it incorporating any changes necessary to make it satisfactory to
City within thirty (30) days. No change in schedules and routing shall be implemented
until fifteen (15) days after Contractor receives approval from City and notifies Customers.
4.6.2 Missed Pickups
When notified of a missed pickup prior to 1:00 p.m., Contractor shall Collect the Refuse,
Recyclables, and/or Organics that was not Collected the same day. If notified after 1:00
p.m., Collection must take place no later than noon of the next Working Day.
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4.6.3 Vehicles
A. General. Contractor is responsible for providing all vehicles required for the Collection
of Solid Waste and Recyclables in sufficient number and capacity to efficiently perform
the work required by this Agreement in strict accordance with its terms.“” Contractor shall
provide such Collection Vehicles as are required to meet the service standards set forth
in this Agreement, even if such Collection Vehicles exceed those set forth in Contractor’s
Proposal. Contractor shall have available on Collection days sufficient back -up vehicles
for each type of Collection Vehicle used to respond to complaints and emergenc ies.
B. Specifications. Within twelve (12) months of the Effective Date, all Route Collection
Vehicles shall be equipped with Near-Zero Natural Gas engines. ‘Near-Zero Natural Gas’
engines emit 90% fewer NOx emissions than those limited by 2010 CARB standards, and
meet the 2023 and 2031 CARB emission standards. All Route Collection Vehicles shall
be fueled with Renewable Natural Gas. “Route Collection Vehicles” means all Collection
vehicles used for the weekly Collection of Refuse, Recycling or Organics, including Cart
and Bin services, but excluding pup trucks and Scout Vehicles, and other Collection
Vehicles used only for occasional services such as brush clearing events, Bulky Item
Collection, City-sponsored events, clean-up events, Roll-Off Services, and holiday tree
Collection.
Both Collection Vehicles and Route Collection Vehicles must be registered with the
California Department of Motor Vehicles and shall have water-tight bodies designed to
prevent leakage, spillage or overflow. Collection Vehicles that use other fuel than natural
gas may be used as spares to replace Route Collection Vehicles that are unavailable for
no more than a total of 30 days per year per route, provided that the vehicles meet all
other requirements of this Agreement.
At all times during the Term, Contractor’s Route Collection Vehicles and Collection
Vehicles shall comply with all applicable air pollution control laws, including but not limited
to South Coast Air Quality Management District (CARB) emission standards for Solid
Waste Collection Vehicles as established in the California Code of Regulations Title 13
Section 2020 et seq. and as they may be approved for Solid Waste and Recyclables
removal vehicles, as well as other Applicable Laws. Annually, Contractor shall provide City
with documentation of such compliance for each vehicle. For example, with regard to CARB
regulations, such documentation shall demonstrate, at a minimum, the vehicle number,
make, model, year, control technology used or planned, and the year that the control
technology was applied or is planned to be applied.
C. Vehicle Identification and Labeling. Each Collection Vehicle shall be marked with
Contractor’s name, toll free phone number, and a vehicle identification number
designated by Contractor for each Collection Vehicle which shall be prominently
displayed on all such Vehicles, in lettering at least six inches in height and in contrasting
colors, on each side and the rear of all Collection Vehicles. City must approve truck
labeling, and may place billboards with public notices on vehicles at no additional charge;
no other advertising is permitted. If requested by City, Contractor shall place signage on
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Route Collection Vehicles indicating which material (Refuse, Recycling, Organics) is being
Collected in the Vehicle. As vehicles may be used to Collection different materials at
different times, the signage may be required to be changeable.
D. Cleaning and Maintenance
1) Contractor shall maintain all properties, vehicles, facilities, and equipment
used in providing service under this Agreement in a good, safe, neat, clean
and operable condition at all times.
2) Collection Vehicles shall be painted, thoroughly washed, and thoroughly
steam cleaned on a regular basis so as to present a dean appearance. City
may inspect Collection Vehicles or any other equipment used in providing
service pursuant to this Agreement at any time to determine compliance
with this Agreement. Contractor shall also make all Collection Vehicles
available to the County of Los Angeles for inspection regarding health
concerns and requirements, at any frequency it requests. Contractor
agrees to replace or repair to the City’s satisfaction, any Collection Vehicle
that City determines to be of unsightly appearance, leaking, or in
unsatisfactory operating condition.
3) Contractor shall repaint any or all Collection Vehicles within thirty (30) days’
notice from City, if City determines that their appearance warrants painting.
City may not require a vehicle to be repainted if it has been repainted within
the previous thirty (36) months.
4) 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 keep accurate records of all
Collection Vehicle maintenance, recorded according to date and mileage,
and shall make such records available to City upon request.
5) Contractor shall repair, or arrange for the repair of, all of its vehic les 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 maintain accurate records of repair, which shall
include the date and mileage, nature of repair and the verification by
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signature of a maintenance supervisor that the repair has been properly
performed and shall make such records available to City upon request.
6) Contractor shall clean up any leaks or spills from its vehicles per th e
National Pollutant Discharge Elimination System (NPDES) permit 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 clean-up efforts.
7) 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, year of production, ID number, date of acquisition, type,
capacity, and whether the vehicle is a spare.
E. Operation. Vehicles shall be operated in compliance with the California Vehicle Code,
and all applicable safety and local ordinances. Contractor shall not load vehicles in excess
of the manufacturer’s recommendations or limitations imposed by state or local weight
restrictions on vehicles.
Contractor’s equipment shall comply with US EPA noise emission regulations, currently
codified at 40 CFR Part 205 and other applicable noise control regulations (including but
not limited to Section 8.20.120 of the Rancho Palos Verdes Municipal Code), as well as
other Applicable Laws, and such noise control features shall be incorporated throughout
the entirety of all Collection Vehicle. Noise levels of equipment used for Collection shall
comply with City ordinance and in no event shall the noise level exceed 75 dba when
measured at a distance of 25 feet from the vehicle, five feet from the ground. Cont ractor
shall store all equipment in safe and secure locations in accordance with City ’s applicable
zoning regulations.
Contractor shall be responsible for any damage resulting from or directly attributable to
negligence or wrongful acts associated with any of its operations, and which it causes to:
driving surfaces in the City, whether or not paved, public or private; associated curbs,
gutters and traffic control devices; and all other public and private improvements.
F. Vehicle Certification. Contractor shall obtain a certificate of compliance (smog check)
issued pursuant to Part 5 of Division 26 of the California Health and Safety Code (Section
43000 et seq.) and regulations promulgated thereunder and/or a safety compliance report
issued pursuant to Division 14.8 of the California Vehicle Code (Section 34500 et seq.)
and the regulations promulgated thereunder, as applicable to the vehicle. Contractor shall
maintain copies of such certificates and reports and shall make such certificates and
reports available for inspection upon request by the City.
G. City Inspection Per Code. City may cause any vehicle used in performance of this
Agreement to be inspected and tested at any commercially reasonable time and in such
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manner as may be appropriate to determine that the vehicle is being maintained in
compliance with the provisions of the State Vehicle Code, including, but not limited to,
California Vehicle Code Sections 27000(b), 23114, 23115, 42030, 42032, and all
Vehicle Code Sections regarding smog e quipment requirements. City may direct the
removal of any vehicle from service if that vehicle is found to be in nonconformance
with applicable codes. No vehicle directed to be removed from service shall be returned
to service until it conforms with Applic able Laws, and its return to service has been
approved by City.
H. Vehicle Inspections. Contractor shall submit the Safety Compliance Report/Terminal
Record Update from its Biennial Inspection of Terminal, or BIT. If Contractor receives a
terminal rating below satisfactory, Contractor shall notify the City. Contractor has the time
allowed by the Department of California Highway Patrol (“CHP”) to cure violations and
bring the terminal rating up to satisfactory. If the CHP does not adjust the rating to
satisfactory or better within six (6) months, then this shall be considered a material breach
of the Agreement, the Contractor shall be considered in default and the City may
terminate this Agreement.
I. California Heavy Duty Inspection Program. No later than the start of service under
this agreement, Contractor shall submit to the City verification that each Collection
Vehicle has passed the California Heavy Duty Vehicle Inspection. Thereafter, Contractor
shall cause each Collection Vehicle to be tested annually in the California Heavy Duty
Inspection Program and shall submit written verification to City within ten (10) Working
Days of the completion of such test. Contractor shall not use any vehicle that does not
pass such inspection.
J. Correction of Defects. Following any inspection, the City Manager shall have the right
to cause Contractor, at its sole cost and expense, to recondition or replace any vehicle or
equipment found to be unsafe, unsanitary or unsightly. The City Manager’s determination
may be appealed to the City Council, whose decision shall be final.
K. Collection Containers on Front of Vehicles. At no time shall Contractor use a
compartment mounted on the front of a Collection vehicle, or drive with a container held
out in front of the vehicle, in operating Refuse, Recycling and Organics Routes. Prohibited
examples include the Curotto Can method, or using a bin held out to the front of the
vehicle into which material is loaded. These Collection methods may however be used for
extra services such as brush clearing events, holiday tree Collection, City-sponsored events,
clean-up events, and Bulky Item Collection.
4.6.4 Containers
Contractor will provide Containers to be used under this Agreement. City may select
upgraded cart finishes, such as “granite,” at no additional charge.
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4.6.4.1 Carts
Contractor shall provide Cart collection Customers with Carts during the Term of this
Agreement. Carts and cart lids must meet color, size, uniformity, and quality requirements
of the City. Contractor shall provide and maintain Carts and Cart lids with consistent colors
and in good condition. Contractor shall maintain all Carts in good repair. Carts shall be
marked or labeled to include the Contractor’s name and phone number, and information
about what materials should and should not be placed in each type of Cart. Cart markings
and labels shall be subject to City approval.
4.6.4.2 Cart Maintenance, Replacement and Exchange
Contractor shall be responsible for repair and maintenance, unlimited graffiti removal, and
replacing lost, stolen, damaged, worn-out or otherwise unsightly Carts and Contractor-
provided manual service Containers within two (2) Working Days at no additional charge
to the Customer or to City, unless Contractor can demonstrate to the City Manager
beyond a reasonable doubt that the damage or loss was due exclusively to the
Customer’s intentional or negligent behavior. The City Manager’s determination shall be
final and binding. If City permits a repair or replacement charge to be assessed against a
Customer, charge shall be no more than the actual cost of repair or the Contractor ’s
purchase price for a new Carts and Contractor-provided manual service Containers,
whichever is lower. No shipping/handling/delivery costs are to be charged to City or
Customer. All repairs must restore the Carts and Contractor-provided manual service
Containers to their full functionality.
Replacement of lost/stolen Carts and Contractor-provided manual service Containers at
no cost to Customer may be limited to one of each type (Gray, Blue, and Green) for each
dwelling unit during the Contract term.
Upon Customer request, Contractor shall exchange Customer’s Cart sizes. Contractor
may charge a single exchange fee for each exchange request, regardless of the number
of Carts exchanged, in accordance with the Maximum Schedule of Rates.
4.6.4.3 Bins
A. Cleaning. Contractor shall provide Customers with Bins required during the Term at
no extra charge. Contractor shall maintain Bins in a clean, sound condition free from
putrescible residue. All Bins in use shall be constructed of heavy metal, or other suitable,
durable material, and shall be watertight and well painted. Wheels, forklift slots, and other
apparatuses, which were designed for movement, loading, or unloading of the Bin shall
be maintained in good repair.
Upon Customer or City request, or if required to maintain the Containers in a clean
condition, Contractor shall dean all Bins for a fee in accordance with the Rate Schedule.
When a Bin is removed for cleaning, Contractor shall replace the Bin, either temporarily
or as a change-out, with another Container. Contractor shall remove graffiti from any
Container within two Working Days of request by City or Customer. Contractor is required
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to proactively look for graffiti when Collecting Bins, with all graffiti removed from
Containers in no later than one Working Day after any Collection without notification.
B. Bin Identification and Color. Each Bin placed in the City by Contractor shall have the
name of Contractor and phone number in letters not less than three (3) inches high on
the exterior of the Bin so as to be visible when the Bin is placed for use. Contractor shall
label Bins with bilingual (English and Spanish) an d graphic instruction on what materials
should and should not be placed in each Bin. Contractor shall repaint Bins upon City ’s
request if the City deems it necessary to maintain a neat appearance. All Refuse Bins
shall be painted a uniform color of grey, and all Recycling Bins shall be painted a different,
uniform color of blue.
4.6.4.4 Roll-off Boxes
Contractor shall provide sufficient Roll-off Boxes to meet City’s demand throughout the
Term of the Agreement, and will keep all Roll-off Boxes clean, free from graffiti, equipped
with reflectors, and with the name and phone number of Contractor in letters not less than
three (3) inches high on the exterior of the Roll-off Box so as to be visible when the Roll-
off Box is placed for use. Contractor shall properly cover all open Roll-off Boxes during
transport as required by the State Vehicle Code.
4.6.4.5 Repair of Bins and Roll-off Boxes
Contractor shall be responsible for repair and maintenance of Bins and Roll -off Boxes at
no additional charge, and replacing lost, stolen or damaged Bins and Roll-off Boxes within
two (2) Working Days at no additional charge to the Customer or to City. All repairs must
restore the Bins and Roll-off Boxes to their full functionality. Unsightly/worn-out Bins and
Roll-off Boxes shall be replaced by Contractor upon Customer request.
4.6.5 Litter Abatement
A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste,
Recyclables, or fluids from leaking, being spilled and/or scattered during the Collection or
transportation process. If any Solid Waste, Recyclables, or fluids leak or spill during
Collection, Contractor shall promptly clean up all such materials. Each Collection Vehicle
shall carry a broom, shovel, absorbent, and containment materials at all times for this
purpose. Contractor shall not transfer loads from one vehicle to another on any public
street, unless it is necessary to do so because of mechanical failure, or accidental
damage to a vehicle, without prior written approval by City.
B. Clean Up. During the Collection or transportation process, Contractor shall clean up
all litter spilled during Collection or otherwise caused by Contractor. Contractor shall leave
a “red tag” notice for Customer if litter not caused by Contractor is found in Contain er
enclosure or around Containers. Contractor may charge Customers in accordance with
the Rate Schedule for the cleaning of Container enclosures or around the Container if it
is littered due to overflowing Containers. Contractor may address habitual offend ers in
accordance with Section 4.3.4.
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In the event of a spill of materials (vehicle fluids, waste, leachate, etc.), Contractor shall
provide a clean-up of the spill to the satisfaction of City and other governing agencies.
Clean-up methods may include pressure washing (Contractor must capture and reclaim
water) or other similar clean-up methods.
C. Covering of Loads. Contractor shall properly cover all open debris boxes during
transport to the Disposal Site.
4.6.6 Personnel
A. Qualified Personnel. Contractor shall furnish such qualified drivers, mechanical,
supervisory, clerical, management and other personnel as may be necessary to provide
the services required by this Agreement in a satisfactory, safe, economical and efficient
manner. All drivers shall be trained and qualified in the operation of vehicles they operate
and must possess a valid license, of the appropriate class, issued by the California
Department of Motor Vehicles. The Contractor shall be responsible for ensuring that its
employees comply with all Applicable Laws and regulations and meet all federal, state
and local requirements related to their employment and position.
B. Hazardous Waste Employee Training. Contractor shall establish and vigorously
enforce an educational program which will train Contractor ’s employees in the
identification of Hazardous Waste. Contractor’s employees shall not knowingly place such
Hazardous Waste in the Collection Vehicles, nor knowingly dispose of such Hazardous
Wastes at the processing Facility or Disposal Site.
C. Customer Courtesy. Contractor shall train its employees in Customer courtesy, shall
prohibit the use of loud or profane language, and shall instruct Col lection crews to perform
the work quietly. Contractor shall use its best efforts to assure that all employees present
a neat appearance and conduct themselves in a courteous manner. If any employee is
found to be discourteous or not to be performing servic es in the manner required by this
Agreement, Contractor shall take all necessary corrective measures including, but not
limited to, transfer, discipline or termination. If City has notified Contractor of a complaint
related to discourteous or improper behavior, Contractor will consider reassigning the
employee to duties not entailing contact with the public while Contractor is pursuing its
investigation and corrective action process.
Contractor shall record Customer complaints regarding Customer service personnel in
accordance with Section 5.2.2. Customer service representatives receiving multiple
complaints are to be transferred from Customer service duties or, with City approval,
disciplined and appropriately trained.
D. Unauthorized Material Removal. Contractor shall dismiss or discipline employees
who remove documents or any other material from Containers, other than specifically for
the purposes of Disposal and Diversion as described in this Agreement.
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E. Training. Contractor shall provide suitable operations, health and safety training for all
of its employees who use or operate equipment or who are otherwise directly involved in
Collection or other related operations.
F. Compliance with Immigration Laws. Contractor shall be knowledgeable of and
comply with all Applicable Laws. Contractor warrants and represents that all of its
employees, including any and all prospective employees hired to perform services for the
City under this Agreement and the employees of any subcontractor retained by the
Contractor to perform a portion of the services under this Agreement, are and will be
authorized to perform the services contemplated by this Agreement in full compliance
with all applicable state and federal laws, rules and regulations, including, but not limited
to, the Immigration and Nationality Act of 1952 (commencing with Section 1101 of Title 8
of the United States Code), and the Immigration Reform and Control Act of 1986
(commencing with Section 1324a of Title 8 of the United States Code), as amended.
Contractor agrees to verify the legal status of all of its employees and provide
documentation of such verification whenever requested by the City. If Contractor discovers
that any employee it has retained is not in compliance with Immigration Laws, Contractor
agrees to terminate such employee.
G. Representations. Contractor’s employees, officers, and agents shall at no time be
allowed to identify themselves or in any way represent themselves as being employees
of the City. Contractor’s employees shall wear a company uniform when performing
services on behalf of Contractor within the City.
4.6.7 Identification Required
Contractor shall provide its employees, companies and subcontractors with identification
for all individuals who may make personal contact with residents or businesses in the
City, including drivers. City may require Contractor to notify Customers yearly of the form
of its identification. Contractor shall provide a list of current employees, companies, and
subcontractors to City upon request.
City reserves the right to perform a security and identification check through the Los
Angeles County Sheriff’s Department on the Contractor and all its present and future
employees employed by Contractor to work in the City, in accordance with accepted
procedures established by City, or for probable cause.
4.6.8 Fees and Gratuities
Contractor shall not, nor shall it permit any agent, employee, or subcontractors employed
by it to request, solicit, demand, or accept, either directly or indirectly, any compensation,
tip, or gratuity for services authorized to be performed under this Agreement .
4.6.9 Non-Discrimination
Contractor shall not discriminate in the provision of service or the employment of Persons
engaged in performance of this Agreement on account of race, color, religion, sex, age,
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physical handicap or medical condition in violation of any applicable federal, state or local
law.
4.6.10 Report of Accumulation of Solid Waste; Unauthorized Dumping
Contractor shall direct its drivers to note (1) the addresses of any Premises at which they
observe that Solid Waste and/or Recyclables are accumulating and is not being delivered
for Collection; and (2) the address, or other location description, at which Solid Waste
and/or Recyclables have been dumped in an apparently unauthorized manner. Contractor
shall deliver the address or description to City within one (1) Working Day of such
observation.
4.7 Contamination Monitoring and Minimization
The Contractor shall implement a contamination monitoring program to minimize
Prohibited Container Contaminants in a manner that complies with Section 18984.5 of
Title 14 of the California Code of Regulations. The Contractor may conduct its
contamination monitoring requirements through either Route Reviews , Waste
Evaluations, or on-board video cameras, or a combination of these methods.
4.7.1 Route Reviews
For routes on which the Contractor conducts Route Reviews (i.e., on-route observations
of individual Containers), the routes must be reviewed at least once per year. Upon finding
Prohibited Container Contaminates in a Container, Contractor shall notify the Customer
of the contamination. The notice of contamination may be left at the Customer’s location,
or mailed, e-mailed, or electronically messaged to the Customer. The notification shall
include information about: 1) the Collection day on which the Container was
contaminated, 2) the nature of the contamination (e.g., which type of Container was
contaminated, etc., 3) information regarding the Customer’s obligation to properly source
separate materials in the appropriate Containers and, 4) the consequences of further
contamination. If feasible, the notice should include photographic evidence of the
contamination.
4.7.2 Waste Evaluations
For routes on which Contractor performs Waste Evaluations (i.e., conducting waste
characterizations of collected material at the processing facility), Waste Evaluations shall
be conducted at least twice per year from vehicle loads of Source Separated Blue
Container Waste and from Source Separated Green Container Organics Waste , and at
least once per quarter from vehicle loads of Gray Container Waste. Waste Evaluations
shall include samples of each material type, and samples from different areas of the City,
and from different seasons in the year. The Waste Evaluations shall include at least the
number of samples required in Section 18984.5 (C)(1)(e) of Title 14 of the California Code
of Regulations.
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If the sampled weight of Prohibited Container Contaminants in the Waste Evaluations
exceeds 25 percent of the measured sample for any Container type, the Contractor shall
perform one of the following:
• Notify all Customers on the sampled routes of their requirement to properly
separate materials into the appropriate containers. The City may provide this
information by placing a notice on the Customer’s Container, gate, or door, and/or
by mail, e-mail, or electronic message to the Customer; or,
• Perform a targeted route review of containers on the routes sampled for waste
evaluations to determine the sources of contamination and notify those Customers
of their obligation to properly separate materials. The City may provide t his
information to these Customers by placing a notice on the Customer ’s container
gate, or door, and/or by mail, e-mail, or electronic message to the applicable
Customers.
4.7.3 On-board Cameras
Contractor may accomplish contamination monitoring and minimization by using on-
board cameras that are directed at the vehicle hopper. If the Contractor via cameras
detects excess contamination, Contractor shall follow up with the generators on that route
using educational materials including mailers, door hangers, and Cart/Bin tags. The
notice shall include information regarding the Customer’s requirement to properly
separate materials into the appropriate Containers and may include photographic
evidence.
4.8 Transportation of Solid Waste and Recyclables
Contractor shall transport all Refuse Collected to a Facility designated by the Contractor
pursuant to Section 4.10 (e.g., Transfer Station, Waste-to-Energy Facility, Organics
Processing Facility, MRF, Disposal Site). Contractor agrees to make all reasonable efforts
to separate Recyclables from Refuse for Diversion from landfill Disposal.
During the Term of this Agreement, Contractor shall ensure that adequate processing
and disposal capacity is available to properly handle the City ’s flow of Solid Waste
including Recyclables, Organics, and Greenwaste.
Contractor shall maintain accurate records of the quantities of Solid Waste and
Recyclables transported to all Facilities utilized and will cooperate with City in any audits
or investigations of such quantities.
Contractor shall cooperate with the operator of any Disposal Site or Facility it uses with
regard to operations therein, including, for example, complying with directio ns from the
operator to unload Collection Vehicles in designated areas, accommodating to
maintenance operations and construction of new facilities, and cooperating with its
Hazardous Waste exclusion program.
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4.9 Designated Facilities
Contractor shall designate each transfer station, transformation facility, processing facility
or other Facility used by Contractor in the fulfillment of this Agreement, unless the City
exercises its rights pursuant to Section 4.9.4. Contractor must receive written advance
approval from City to use each transfer station, transformation facility, processing facility
or other Facility used by Contractor in the fulfillment o f this Agreement. When requesting
approval for a new facility, Contractor shall provide the reasoning for such a change to
City. Contractor is responsible for ensuring that each Facility it uses is properly permitted
prior to requesting City approval to use such Facility.
Contractor guarantees the City capacity at its EDCO Recycling and Transfer in the City
of Signal Hill for the Agreement Term for all of the City ’s Refuse, Recyclables and
Organics generated and required to be Collected under this Agreement.
4.9.1 Disposal Site
The Contractor shall dispose of Refuse Collected, that is not required to be processed, at
the Disposal Site. Contractor has designated the Orange County Landfill System, Puente
Hills MRF as the Disposal Site(s) as of the effective date o f this Agreement.
4.9.2 Designated Recycling Facility
Contractor has designated EDCO Recycling and Transfer as the Recycling Facility as of
the effective date of this Agreement (“Designated Recycling Facility”). Contractor shall
deliver all Recyclables collected in the City to the Designated Recycling Facility, at
Contractor’s expense and in accordance with all Applicable Laws. Contractor shall ensure
that, after processing, residue material shall not exceed the amount permitted by
Applicable Law. Contractor shall ensure that Recyclables are used in a manner that is
classified as Diversion.
4.9.3 Designated Organics Processing Facility
Contractor has designated EDCO Recycling and Transfer, Falcon Transfer Station and,
as possible alternative/backup sites, Carson Transfer Station, Bel Art Transfer Station,
and CR Transfer as the Organics Processing Facility(ies) as of the Effective Date of this
Agreement (“Designated Organics Processing Facility”). Contractor shall deliver all
Organics collected in the City to the Designated Organics Processing Facility.
4.9.4 Facility Replacement Due to Non-Compliance
Contractor shall ensure that the Disposal Site, Designated Recycling Facility, Designated
Organics Processing Facility, and other designated Facilities are properly permitted and
in compliance with Applicable Law at all times during the Term. Contractor shall
immediately inform City Manager in writing in the event of any non-compliance, and City,
in its sole discretion, shall have the right to require the use of a different Disposal Site,
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Designated Recycling Facility, Designated Organics Processing Facility, or other
designated Facility, to be selected by Contractor.
The City may also, in its sole discretion, require the use of a different site at any time
during the Term if the Disposal Site, Designated Recycling Facility, Designated Organics
Processing Facility, or other designated Facility is found to not be in compliance with the
provisions of Sections 2.5 j), 2.5 k), 2.5 l) (as the case may be), and the City determines
that the Disposal Site, Designated Recycling Facility, Designated Organics Processing
Facility, or other designated Facility is not acceptable due to a failure to comply with the
terms of this Agreement or a finding by State or federal regulatory agencies that it is not
in compliance with Applicable Law, including the Environmental Laws, and is unable to
accept City’s Solid Waste, Recyclables, or Organics (as the case may be). Under no
circumstances, however, shall a change in one or more of Disposal Site, Designated
Recycling Facility, Designated Organics Processing Facility or other designated Facility
pursuant to this Section provide a basis for an increase in the Rates.
4.10 Status of Disposal Site
Any Disposal Site utilized by Contractor, shall be designed and constructed in accordance
with 23 California Code of Regulations Section 2510 et seq. (“Subchapter 15”). Any such
Disposal Site shall have been issued all permits from federal, state, regional, county and
city agencies necessary for it to operate as a Class III Sanitary Landfill and is in full
regulatory compliance with all such permits.
4.11 Dedicated Routes
Solid Waste Collected in the City shall not be commingled in Collection Vehicles with
Solid Waste from other jurisdictions unless and until Contractor has obtained written
advance approval from the City as to the Contractor’s method of tonnage allocation.
4.12 Border Street Routing
The following streets bordering the City of Rolling Hills Estates shall be Collected on
Wednesdays: Browndeer Lane, Elkridge Drive, Indian Valley Road, Quailwood Drive,
Stonecrest Road, and Whitley Collins Drive.
4.13 Route Audit
At City’s request, but not more often than once every three years during the Term,
Contractor shall conduct an audit of its Collection routes in the City at Contractor’s
expense. City may use information from the audit to develop a request for proposals for
a new service provider. City may instruct Contracto r when to conduct the audit in order
for the results to be available for use in preparation of a request for proposals or for other
City uses. City may also instruct Contractor to conduct an audit at a time that would
produce the most accurate Customer service information for a new service provider to
use in establishing service with Customers. City will establish the deadlines by which
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Contractor will provide City with (A) routing and account information, and (B) the route
audit summary report.
The route audit, at minimum, shall consist of an independent physical observation by
person(s) other than the route driver of each Customer in the City. This person(s) is to be
approved in advance by City. The routing and account information shall include, as a
minimum, the following information for each account:
For Cart Customers:
• Route Number;
• Truck Number;
• Number of Cart Customers
• Number and size of Carts by waste stream (Refuse, Recycling, Organics)
• Cart condition;
For Bin Customers:
• Route Number;
• Truck Number;
• Account Name;
• Account Number;
• Account Service Address;
• Service Level per Contractor Billing system (Quantity, Size, Frequency);
• Observed Containers (Quantity and Size);
• Container 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 of the audit The route audit
summary report shall include:
• Identification of the routes;
• Route map;
• Truck numbers;
• Number of accounts, by route and in total (Cart and Bin);
• Confirmation that all routes are dedicated exclusively to Customers in the City;
• Number and type of exceptions observed;
• Total monthly service charge (Cart and Bin), pre -audit
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• Total monthly service charge (Cart and Bin), post-audit (subsequent to
corrections of identified exceptions); and,
The route audit summary report shall include a description of the procedures followed to
complete the route audit. This description 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 route audit summary report shall also include a description of the changes and
Contractor’s plans to resolve the exceptions. The results of the audit, and supporting
back-up data, shall be available for review by City or its representative.
4.14 Routing Plan Approval
Contractor’s routing plan is subject to City approval and will limit cross-City traffic, traffic
on major streets during rush hour, and avoid streets by schools at times when children
are going to and coming from school.
4.15 Service Exceptions; Hazardous Waste Notifications
A. Failure to Collect. When Solid Waste and/or Recyclables are not Collected from
any Solid Waste and/or Recyclables service recipient, Contractor shall notify its
service recipient in writing, at the time Collection is not made, through the use o f
a “red tag” or otherwise, of the reasons why the Collection was not made, pursuant
to Section 4.3.4.
B. Hazardous Waste Inspection and Reporting. Contractor reserves the right to
inspect Solid Waste and Recyclables put out for Collection and to reject Solid
Waste and Recyclables observed to be contaminated with Hazardous Waste and
the right not to Collect Hazardous Waste put out with Solid Waste and/or
Recyclables. Contractor shall notify all agencies with jurisdiction, if appropriate,
including the California Department of Toxic Substances Control, Local
Emergency Response Providers, and the National Response Center of reportable
quantities of Hazardous Waste, found or observed in Solid Waste and Recyclables
anywhere within the City. In addition to other required notifications, if Contractor
observes any substances which it or its employees reasonably believe or suspect
to contain Hazardous Wastes unlawfully disposed of or released on any City
property, including storm drains, streets or other public rights of way, Contractor
will immediately notify City Manager or City Manager’s designee. Contractor shall
implement and maintain a training program that will assist its em ployees in
identifying and properly disposing of any Hazardous Waste that may come into
their possession.
Hazardous Waste Diversion Records. Contractor shall maintain records
showing the types and quantities, if any, of Hazardous Waste found in Solid Wast e
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and Recyclables and which was inadvertently Collected from service recipients
within the City, but diverted from landfilling.
4.16 Manual Backyard Refuse Collection
Contractor shall Collect Refuse from Customer-provided Containers once per week from
Single-Family Customers and Multi-Family Customers without Bin service in the areas
depicted as Area C and Area D on the map in Exhibit 1. The Collection location for manual
service shall be Customer’s back or side yard, or other location that is not visible from the
street. These Customers shall be “Manual Collection Customers.” The number of
Containers is not limited. Contractor may charge Customer for this service based on the
rates in the Rate Schedule.
4.17 Portuguese Bend Beach Club Litter Containers
Contractor shall Collect and Dispose of Solid Waste and Recyclables from litter
containers placed at the beach property for no more than the maximum rate identified in
the approved rate schedule. Under this EDCO Agreement, Contractor is required to
provide this Collection service if requested, but does not have the exclusive right to
provide this service, and the Portuguese Bend Beach Club may negotiat e with other
haulers for this service. Contractor may charge for this service based on the rates in the
Rate Schedule.
4.18 Recyclables Collection for Manual Collection Customers
At no additional cost to City or Customers, Contractor shall Collect Recyclables from
Contractor-provided 32-gallon Containers with unattached lids and without wheels,
placed at the same Collection location as Customer-provided Refuse Containers, once
per week from Manual Collection Customers. Recyclables Collected shall be the same
as those Collected from Cart Customers. Contractor shall provide a sufficient number of
Containers to each Customer to meet each Customer’s individual needs.
4.19 Organics Collection for Manual Collection Customers
At no additional cost to City or Customers, Contractor shall Collect Organics from
Contractor-provided 32-gallon wheeled Containers with unattached lids, as well as
unlimited Green Waste tied and bundled as set forth in Section 4.4.1, placed at the same
Collection location as Customer-provided Gray Containers, once per week from Manual
Collection Customers. Contractor shall provide a sufficient number of Containers to each
Customer to meet each Customer’s individual needs.
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5 Other Services
5.1 Customer Billing and Contractor Compensation
5.1.1 Cart Billing
Contractor shall Bill Cart Customers on a quarterly basis during the first month of each
quarter, with payment due no sooner than 45 days after the invoice dat e. Contractor shall
Bill any one-time charges, such as extra Bulky Item or overage pickups.
Contractor shall absorb any bad debt.
If payment is not made by the due date, Contractor shall notify Customer in writing that
the payment is late. If payment is not made within 30 days after due date, Contractor shall
notify Customer that the invoice is over-due and that non-payment will result in suspended
service and further collection action. If payment is not made within 15 days after this
subsequent notice (a minimum of 90 days after initial Billing), Contractor may submit a
list of overdue Customers to the City Manager and, with City Manager’s advanced written
approval, may suspend service and/or pursue collection remedies. This entire sequence
of notifications must be followed by Contractor prior to suspending service or pursuing
collection. City shall not lien property or assist in payment collection process.
Billings shall include Contractor’s telephone number for Billing and service inquiries.
5.1.2 Bin Billing
Contactor shall Bill Bin Customers monthly at the beginning of the month, with payment
due no sooner than 30 days after the invoice date. Contractor shall Bill any one -time
charges, such as extra pickups or extra Bin cleanings. Contractor shall ab sorb any bad
debt.
If payment is not made within 15 days after the due date, Contractor shall notify Customer
in writing that the payment is late. If payment is not made within 30 days after due date,
Contractor shall notify Customer that the invoice is over-due and that non-payment will
result in suspended service and further collection action. If payment is not made within
15 days after this subsequent notice, Contractor shall provide written notice to Customer
that the Billing remains unpaid and that se rvice will be suspended if payment is not
received within 15 days (a minimum of 90 days from initial Billing). This entire sequence
of notifications must be followed by Contractor prior to suspending service or pursuing
collection. City shall not lien property or assist in payment collection process.
Billings shall include Contractor’s telephone number for Billing and service inquiries.
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5.1.3 Compensation Entirely Through Approved Rates
Contractor Compensation is exclusively derived from revenue received as a result of the
Billings for services listed on the Rate Schedule, and Contractor shall charge no additional
fees unless approved in advance by the City.
5.1.4 Discounts
Contractor shall offer the following discounts to its Customers:
5.1.4.1 Senior Rate Reduction
Monthly service rates for qualifying Senior Cart Customers, including Backyard Service
and pup route surcharges, will be reduced by ten percent (10%). “Senior(s)” are defined
as persons who are 65 years of age or older. To qualify for this reduced rate, the Senior
must reside at the Premises, own or lease the Premises in his/her name, and the Bill must
be in the Senior’s name. Senior landlords are not entitled to the discount. Contractor may
request Seniors to re-confirm their entitlement to this reduction no more than once per
year, using an application form that must be approved in advance by City.
5.1.4.2 Pre-payment Discount
Cart Customers that pay annually, at the beginning of the year for the full upcoming year’s
service, shall receive a five percent (5%) reduction in their rate. This reduction applies to
the entire rate, including both pup route and Backyard Service surcharges.
5.1.4.3 Low-Income Rate Reduction
Low-income Cart Customers may apply to receive a five percent (5%) reduction in service
rates. The income threshold for determination of applicability of this reduction shall be
based upon the low-income thresholds established for utilities under the California
Alternate Rates for Energy (CARE) program. The Bill must be in the name of the par ty
qualifying for this reduction. Contractor may request reduction recipients to re -confirm
their entitlement to this reduction no more than once per year, using an application form
that must be approved in advance by City.
5.1.4.4 Application of Rate Reductions and Discount
Rate reductions under Sections 5.1.4.1, 5.1.4.2, and 5.1.4.3 are not exclusive and a
Customer may receive all reductions, if applicable. The amount of each rate reduction
shall be calculated on the full rate prior to application of any other reduction as shown in
Table 1 on the following page. Reductions apply to the monthly rate, including both pup
route and Backyard Service surcharges, but excluding extra Cart charges, bulky item
charges or overage charges.
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Table 1 – Application of Rate Reductions and Discount
Contractor shall handle the administration of these rate reductions. In the event of dispute
between Contractor and Customer as to the applicability of each rate reduction, the City
Manager shall make the determination, which determination shall be final and binding.
5.1.5 Contractor’s Invoices
Bills must include a customer service telephone number, service description, including
Container size, frequency of service, Backyard Service and/or Scout Vehicle service and
period billed for. City must approve Contractor billings as to content and format of invoice.
All bills must carry a due date, and shall not use the phrase “due upon receipt” Bills must
use the rates as they appear on the Rate Schedule, and will not separately itemize City
fees, surcharges, disposal components or other breakdown of rates without advance
written approval from City.
5.1.6 Customer Credits
If a missed pickup is not made within the time required per Se ction 4.6.2, Customer may
request a credit. Credit will be in proportion to the amount of service missed versus the
total amount of service scheduled for the Billing period.
5.1.7 Customer Billing Adjustments
Should Contractor determine that Contractor has underbilled a Customer, or Customers,
Contractor may back-Bill for no more than six months. Amounts overbilled to Customers
shall be refunded upon discovery and such refunds are not limited by time.
5.1.8 Exemption From Service
Customers may request that service be suspended for a period of no less than 2 months,
provided that the entire residence will be uninhabitable for that period, that Containers will
not be placed for Collection, and that gardeners will not use the Organics Containers
during that period.
Plus Low
Income or
Senior
Discount
Paid
Quarterly
Paid
Annually
Plus Low
Income or
Senior
Discount
and Paid
Annually
Sr. Citizen Discount 10%15%15%20%
Low-income Discount 5%15%10%20%
Base
Discount
Paid
Quarterly
Total discount if also qualifies for:
If a resident qualifies for:
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Customers may request that service be suspended for a period of no less than six months
for a long-term vacation, provided that Containers will not be placed for Collection, and
that gardeners will not use the Organics Containers during that period. Contractor may
request proof of vacancy, such as suspended utility service or plane tickets.
In the event of a dispute between Customer and Contractor as to whether a Customer
warrants a voluntary suspension of service, City shall make the determination, which
determination shall be final and binding. Contractor shall be permitted to charge a re start
fee to resume service after a service suspension in accordance with the approved rate
schedule and shall notify Customers requesting a suspension of this fee at the time of
suspension request.
5.1.9 Late Payments
Contractor may charge interest on outstanding balances of no more than 1.5% per month
beginning no sooner than 90 days after the date of the invoice. Contractor may charge a
maximum of $20.00 per check fee for checks returned for lack of sufficient funds. In no
event may Contractor charge an interest rate or a check fee in excess of that permitted
by State or Federal law.
5.1.10 Electronic Billing and Payment
Contractor shall offer electronic invoice payment to Customers at no additional charge.
5.2 Customer Service
5.2.1 Local Office
Contractor shall maintain an office, which shall be open (“Office Hours”), at a minimum,
from 8:00 A.M. to 5:00 P.M., Monday through Friday, exclusive of holidays. Contractor
shall also provide a telephone number for service calls. The telephone number shall be a
toll-free number from all portions of the City. The telephone number shall be listed in the
phone director(ies) distributed to the City in the firm name by which the Contractor
conducts business in the City. Contractor shall be available to take live service calls at
this telephone number between 8:00 A.M. and 5:00 P.M. on Monday through Friday, an d
between 8:00 A.M. and 12:00 P.M. on Saturday (“Telephone Service Hours”).
Contractor’s telephone system shall be adequate to handle the volume of calls typically
experienced on the busiest days. If City receives more than five (5) complaints in any
thirty (30) day period that Customers are unable to contact Contractor by phone, City may
require Contractor to increase capacity. Contractor shall have either a representative, a
message machine, or an answering service available outside of Telephone Serv ice
Hours. Calls received outside of Telephone Service Hours shall be responded to on the
next Working Day. Contractor’s route supervisor shall remain accessible by phone during
Collection hours. The Contractor shall provide City with an emergency phone number
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where the Contractor can be reached outside of the required Office Hours. A live person,
not voice-mail, shall be available at that number at all times, twenty-four hours per day.
5.2.2 Complaint Documentation
Service complaints received by City will be directed to Contractor. Contractor shall keep
daily logs of complaints forwarded to it for a minimum of three (3) years.
Contractor shall log all complaints received, including the date and time the complaint
was received, the name, address and telephone number of the caller/complainant, 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. Log shall also include
each instance that Solid Waste and/or Recyclables are not Collected and the form of
notification used to inform the participants of the reasons of non -Collection and the end
result or means of resolution of the incident.
All written Customer complaints and inquiries shall be date-stamped when received. All
complaints, both oral and written, shall be initially responded to within one (1) Working
Day of receipt Contractor shall use best efforts to resolve complaints within two (2)
Working Days. Contractor shall log action taken by Contractor to respond to and remedy
the complaint.
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.
5.2.3 Resolution of Customer Complaints
Should Contractor and Customers not be able to resolve a complaint, not be able to
establish a mutually acceptable fee to be charged for services not included on the Rate
Schedule, or otherwise disagree, the matter shall be determined by City, and City ’s
decision shall be final.
Intervention by 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.
5.2.4 Service Liaison
Contractor shall designate in writing a field supervisor as “Service Liaison” who shall be
responsible for working with City and/or City’s designated representative(s) to resolve
Customer service-related complaints. City shall have the right to approve the Contractor’s
choice for a liaison. City shall be notified in advance of any change in Service Liaison.
Service Liaison shall be accessible to the City daily by phone or in person.
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5.3 Public Education and Outreach – Initial and Ongoing
5.3.1 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, AB 341,
AB 1826, and SB 1383. Accordingly, Contractor agrees to take direction from City 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.
Contractor shall maintain its own program of providing information relevant to needs and
methods to reduce, reuse and Recycle Solid Waste, including materials for inclusion with
its Bills. All public education materials shall be approved in advance by City prior to
reproduction and distribution.
5.3.2 Education and Outreach – Initial Rollout of Organics Collection
Contractor shall undertake a specific initial public education and outreach campaign to
facilitate the rollout of the Organics Collection Program. This campaign shall, at a
minimum, consist of the tasks and activities outlined in this Section, and be undertaken
in conjunction with the Implementation Plan outlined in Exhibit 2.
• Two Direct Mail Pieces – Contractor shall prepare and send two distinct direct mail
pieces to all residential homes identifying program parameters.
• Billing Insert – If the City billing allows, Contractor shall prepare and furnish a billing
insert with a program overview at program launch.
• Email Notifications – Contractor shall notify For Customers with registered email
addresses through the Contractor website, Contractor shall notify customers about
the program as well as send other essential service notifications.
• Community Meetings – Contractor shall host community meetings in advance of
program implementation to stimulate awareness. The number of community
meetings shall be determined at the direction of the City.
• Web Page Information – Contractor shall update the green waste page on the
dedicated Rancho Palos Verdes section of the Contractor’s web site to explain the
commingled organics program parameters as well as the provide the ability to
order Kitchen Caddies.
• Follow-Up Postcards – After program implementation, Contractor shall mail a
follow-up postcard to all Single-family Customers to solicit feedback, and any
answer any additional questions.
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• Environmental Times Newsletter – Contractor shall prepare and distribute The
Environmental Times newsletter to provide sustainable education, and outline
program parameters.
• Videos - Contractor shall provide two videos that will be available on the Contractor
web site. One for the program overview, and another on how to participate.
• Upon request, Contractor shall provide free educational presentations to multi-family
complexes, community organizations, and neighborhood groups. Presentations
shall focus on reducing, reusing and recycling. During the presentations, Contractor
shall distribute brochures, posters, and other promotional and educational materials.
• Contractor shall develop focused bilingual education pieces for groundskeepers
and custodial staff for use in ongoing education presentations.
5.3.3 Education and Outreach - On-going
After the rollout of the Organics Collection Program, and for the remaining Term of this
Agreement, Contractor shall undertake an ongoing campaign of public education and
awareness. Prior to January 31st of each year during the Term, Contractor shall submit
to the City a Public Education Plan. At a minimum, the Plan shall address all the items
outlined in this Section. The City shall review, provide feedback, and approve the Plan
within sixty (60) days. Upon approval by City, Contractor shall implement the Public
Education Plan.
• Instructional “How-to” Packets - An information packet shall be provided to each
new Customer throughout this Agreement term. This packet shall: describe
available services, including available Recycling and Diversion programs; provide
instructions for proper use of the Carts and Bins provided (such as how to place
Carts or other permitted items for Collection, the types of materials to be placed in
each Cart); detail holiday Collection schedules; and provide Billing and Customer
service telephone numbers. This packet shall contain updated information on how to
use Containers, when, where and how to place materials for Collection, and who to
contact with service or Billing questions, and for Bulky Item pickups.
The packet shall also clearly indicate what materials, such as syringes and other
Sharps, and other Household Hazardous Wastes (HHW ), should not be disposed
of in Containers. This packet shall include instructions on how Customers should
dispose of HHW, such as information on the HHW drop -off facilities and other
available programs.
When new Customers contact Contractor to start service, Contractor shall provide
new Customers with the option of receiving this new Customer “How-to” packet
through electronic mail.
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• Container Labels and Hot Stamps - All Containers shall have stickers/labels and
hot stamps to provide Customers with information about what materials may be
placed in which Containers.
• Billing Inserts - City may require Contractor to insert notices in Contractor’s
Billings four (4) times per year for each Customer type, Cart and Bin. Notices will
be prepared and delivered to Contractor for insertion. Additionally, City may
periodically request that Contractor include informative language directly on the
invoices it sends.
• Annual Brochures/Mailings - Not less than once per year during each Rate Year,
Contractor shall prepare and distribute to each Customer a mailing to update
Customers regarding program basics, program changes, holiday schedules and
other service-related information. Mailings should promote and explain: all Sol id
Waste and Recyclables programs offered by City and Contractor (such as
Recycling, Organics, Holiday Tree and Bulky Item Collections) described in detail;
the environmental, regulatory, and other benefits of participating in Recycling; how
to properly dispose of Household Hazardous Waste such as syringes, paint, etc.;
Collection schedules, including holiday schedules; Customers service numbers;
and the procedures to begin and terminate services. This brochure shall be at least
four (4) pages, and printed in full color. Contractor is responsible for all associated
costs.
• 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.
• Bi-annual Direct Mailed Letters for Non-Compliant Generators - Contractor
shall prepare and mail notification letters to all non -compliant Multi-family
Customers.
• Website - Contractor shall develop and maintain a website to enable Customers
to contact Contractor and to display holiday schedules, proper HHW disposal
procedures, which materials are to be placed in Recyclables Containers and other
useful information. Contractor’s website will provide Customers the means of
entering their address to easily determine what their new Collection day will be.
• Newsletter - Contractor shall produce and distribute a localized edition of
Contractor’s quarterly “Environmental Times” to Customers. Customers that sign
up for electronic Bill payment shall receive this newsletter by electronic mail.
5.3.4 Contractor Representative
Contractor shall retain on its staff an individual who shall, as part of his or her job function,
routinely visit civic groups, school assemblies, homeowners’ associations, Multi-family
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complexes and businesses, to promote and explain the Recycling and other programs
Contractor offers, and participate in demonstrations, and civic events.
5.3.5 Community Events
At the direction of City, Contractor shall participate in and promote Recycling and other
Diversion techniques at community events and local activities. Such participation would
normally include providing, without cost, Collection and educational and publicity
information promoting the goals of City’s Solid Waste and Recyclables program.
5.4 Technical Assistance Program
5.4.1 Site Visits and Waste Assessments
No later than two weeks after the Effective Date, Contractor will provide an outreach and
technical assistance plan to the City for approval identifying the site visit schedule for
which to send a Contractor representative to visit each Multi-Family Bin Customer’s
Premises for the purpose of assessing how much Recyclable Material and Organics is
being disposed; assessing the Recyclables and Organics Collection Service Levels
needed to meet the requirements of SB 1383 Regulations; and encouraging all
Customers to establish Recyclables and Organic Materials collection service at least four
weeks prior to July 1, 2022 when mandatory service is required. Contractor shall also
notify Customers of opportunities to reduce costs by subscribing to Recyclables and
Organic 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 or Commercial Customer that requests a site visit, even if it is ahead
of schedule.
Beginning July 1, 2022 and annually thereafter, Contractor representative shall follow up
with Multi-Family Customers who are required to participate in Recyclables and Organics
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
Customers are participating in the Recyclables and Organics Collection Service. If the
Customer is not in compliance or not participating, the Contractor representative shall
assist the Customers with selecting appropriate Containers and Container sizing, identify
acceptable Solid Waste Collection services as set forth in the Agreement, and attempt to
resolve any logistical barriers to providing Recyclables and Organics Collection service.
Contractor shall provide ongoing, on-site training for Customers’ 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 Solid Waste.
For each on-site waste assessment conducted by Contractor, Contractor shall in clude
documentation of the items listed below. The City reserves the right to receive
Contractor’s documentation of additional information, and shall authorize the format for
required information.
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a. Pictures of material in all Containers;
b. Characteristics of the property, business, and Customer type;
c. Written recommendations for the appropriate Service Level for each material type;
d. Provision of outreach and education materials appropriate to the Customer 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,
i. Documentation of records of communications with the Customer.
5.5 Customer Waiver Program Coordination
The City has the authority to grant to individual Customers waivers from the requirement
to subscribe to Recyclables and Organic Waste Collection service. These waivers may
be granted for de minimis generation, lack of space, or every other week service. The
City cannot be delegated to a private entity (e.g., Contractor) the authority to grant these
waivers. Contractor shall advise the City in determining which Customers shall qualify for
a waiver.
5.5.1 Contractor Waiver Request on Behalf of Customer
Upon reasonable belief that a Customer 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 Customer, provided that adequate evidence of the de minimis, physical
space, or Collection frequency waiver requirements specified in 14 CCR Section
18984.11 is included with the request. The City shall review and approve or deny the
waiver request. Contractor’s request for consideration of a waiver shall include the
Customer’s name and address, type of Commercial Customer, or number of multi-Family
units if Customer is a Multi-Family Premises, reasons Customer may be eligible for the
waiver, and evidence such as, but not limited to: Service Level data, photo
documentation, weight records, and technical assistance assessment results.
5.5.2 Waiver Reverification
It shall be the responsibility of the Contractor to verify that the Customers with de minimis,
physical space constraint, or Collection frequency waivers continue to meet the waiver
requirements set forth in this Section. Contractor shall conduct such reverifications of
waivers through inspection of each Customer’s Premises and review of applicable
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records at least once every five (5) years for de minimis and physical space constraint
waivers. The Contractor shall maintain a record of each waiver verification and provide a
monthly report to the City documenting the waiver reverifications performed and
recommendations to the City on those waivers that Contractor conclud es are no longer
warranted. The City shall make a final determination of the waiver eligibility of Customers.
5.5.3 Contractor Recordkeeping of Customer 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 Customers ’
names, mailing address, service address, and type of waiver. Contractor shall maintain
waiver-related records and report on waiver verifications.
5.6 Inspection and Enforcement
5.6.1 General
During the Term, Contractor shall perform a an annual compliance review for each Multi-
family Customer as described in this Section.
5.6.2 Commercial Customer 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) Customer requirements under the
City’s Solid Waste Collection program; and, (ii) if applicable for th e Customer, Self-
Hauling requirements pursuant to 14 CCR Section 18988.3 and the Municipal Code,
including whether a Multi-Family or Commercial Business is complying through Back-
Hauling Source Separated Recycled and Organics Materials Source Separated Org anic
Materials. The compliance review may mean a ‘desk’ review of records to determine
Customers’ compliance with the above requirements and does not necessarily require
on-site observation of service; however, the City may require 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.
5.6.3 Number of Reviews
The Contractor shall conduct enough compliance reviews, Hauler Route reviews, and
inspections of Customers, to adequately determine the Customers’ overall compliance
with SB 1383 Regulations, AB 1826, AB 341, and the Municipal Code. The number of
reviews shall be no less than one (1) per year. The City reserves the right to require
additional inspections, if the City determines in its sole discretion that the number of
inspections conducted by the Contractor is insufficient. The City may require the
Contractor to prioritize inspections of entities that the City determines are more likely to
be out of compliance.
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5.6.4 Non-Compliant Entities
From July 1, 2022 through June 30, 2023, Contractor shall provide educational materials
in response to non-compliant Customers. Contractor shall provide these educational
materials to the non-compliant Customers within thirty (30) days of determination of non-
compliance or immediately upon determination of non -compliance if such non-
compliance is determined during an inspection o r a Route review. Contractor shall
document the non-compliant Customers 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 educ ation materials described in this
subsection, document non-compliant Customers and Customers determined through
Contractor’s compliance reviews pursuant to Section 5.6.2 and shall report all Customers
and Customers with violations of SB 1383 Regulations to the City. The City shall be
responsible for subsequent enforcement action against the Customers.
5.6.5 Documentation of Inspection Actions
The Contractor shall generate a written and/or electronic record and maintain
documentation for each inspection, and compliance review conducted and shall provide
copies to the City on request.
5.7 Procurement of Products with Recycled and Organics Contents
The Contractor shall comply with the purchasing and recordkeeping requirements
described in this Section.
5.7.1 Recycled-Content Paper.
The Contractor shall procure Paper Products and Printing and Writing Paper for invoices,
billing statements and inserts, reports, and public education mate rials, consistent with the
requirements of the Public Contract Code (PCC) Sections 22150 through 22154.
Additionally, Paper Products and Printing and Writing Paper procured by the Contractor
shall be eligible to be labeled with an unqualified recyclable label, as defined in 16 Code
of Federal Regulations (CFR) Section 260.12 (2013). Contractor shall state on all
materials prepared with post-consumer recycled content the following: ‘Printed on
Recycled Paper.’ In accordance with 14 CCR Section 18993.3(c), the Contractor shall
require all businesses from whom it purchases Paper Products and Printing and Writing
Paper to certify in writing:
• The minimum percentage, if not the exact percentage, of postconsumer material
in the Paper Products and Printing and Writing Paper offered or sold to the
Contractor. The certification shall be furnished under penalty of perjury in a form
and manner determined by the Contractor and approved by the City. The City may
waive the certification requirement if the percentage of postconsumer material in
the Paper Products, Printing and Writing Paper, or both can be verified by a
product label, catalog, invoice, or a manufacturer or vendor internet website; and,
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• That the Paper Products and Printing and Writing Paper offered or sold to the
Contractor are eligible to be labeled with an unqualified recyclable label as defined
in 16 CFR Section 260.12 (2013).
5.7.2 Provision of Mulch
Upon City request, Contractor shall procure and provide on the City’s behalf up to five
hundred (500) cubic yards per calendar year of bulk Mulch derived from recovered
Organic Waste for use in City parks and facilities. Contractor shall provide an additional
five hundred (500) cubic yards per calendar year of bulk Mulch for distribution to City
residents.
Contractor shall deliver Mulch in rolloff boxes or via dump truck within thirty (30) calendar
days of request to the Silo Yard, or any accessible location within the City limits. Upon
request, Contractor shall provide the City with Mulch lab results and specifications. All
Mulch provided by Contractor must meet or exceed State requirements for Mulch quality,
including those standards regarding Mulch maturity, reduction of pathogens, elimination
of weed seeds, and concentrations of physical contaminants such as glass, plastic, metal,
and other Non-Organic Recyclables. All 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.
5.7.3 Renewable Natural Gas
If requested by City, Contractor shall provide the name, location, and contact
information of each entity, operation, or Facility from whom the Contractor procured
Renewable Natural Gas (RNG). If requested by City, Contractor shall provide the total
amount of RNG procured by the Contractor for use in Contractor vehicles in the City of
Rancho Palos Verdes, in diesel gallon equivalents (DGE), including copies of any
receipts, invoices, or other similar documentation.
5.7.4 Recordkeeping Requirements
Contractor shall maintain records that demonstrate ongoing compliance with these
requirements, including, but not limited to, copies of receipts, invoices, or other proof of
purchase that describe the products purchased, by volume and type for all products
specified in this section; and copies of certifications or other verifications required by this
Agreement. Contractor shall submit these records, upon the City request.
5.8 Waste Generation/Characterization Studies
Contractor acknowledges that City must perform Solid Waste and Recyclables generation
and Disposal characterization studies periodically to comply with the requirements of AB
939. Contractor agrees to participate and cooperate with City and i ts 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 and Recyclables Collected and
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characterize Solid Waste and Recyclables generated, disposed, transformed, diverted or
otherwise handled/processed, by Customer type (Cart, Bin), to satisfy the requirements
of AB 939. Contractor will at its sole expense conduct such a waste generation and
characterization study upon request of City, but not more than once every two years.
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6 Contractor Compensation and Rates
6.1 General
The maximum rates set forth in Exhibit 3, and as more fully defined as Contractor
Compensation in this Article, shall be the maximum amount Contractor may charge
Customers as full, entire and complete compensation due pursuant to this Agreement for
all labor, equipment, materials and supplies, taxes, insurance, bonds, letters of credit,
overhead, Disposal, transfer, profit and all other things necessary to perform all the
services required by this Agreement in the manner and at the ti mes prescribed, subject
to the substantive and procedural requirements of Proposition 218 (the “Maximum Rate
Schedule”). Contractor shall impose no other charges for services provided to Customers
unless and until such additional fees or compensation have been duly noticed and
subjected to a public hearing process in accordance with Proposition 218.
Contractor shall not charge for Collection at Premises owned and/or operated by the City
now and in the future.
6.2 Schedule of Future Adjustments; Automatic Adjustments; Prop 218
Beginning with the Rate Year starting July 1, 2023 and for all subsequent Rate Years
during the Term, Contractor may request an annual adjustment to the Maximum Rate
Schedule shown in Exhibit 3, subject to meeting the requirements of Proposition 218. The
Contractor shall submit its request in writing, to be received by City in Person or via
certified mail or by other means approved by the City, by the preceding March 30, and
shall be based on the method of adjustment described in Section 6.3.
Failure to submit a written request by March 30 shall result in Contractor waiving the right
to request such an increase to the Maximum Rate Schedule for the subsequent Rate
Year. Missed rate adjustments may not be added to rate adjustment applications in
ensuing years.
Further adjustments and/or increases to the Maximum Rate Schedule are strictly subject
to the assent of the City and compliance with Proposition 218. The City intends to comply
with all Applicable Laws, including without limitation Proposition 218, concern ing the
setting of adjustments to the Maximum Rate Schedule under this Agreement.
• Notice of Increases. Contractor shall give prompt written notice of any duly-
adopted rate increases to all customers, which notice shall inform customers of the
exact date on which the increase becomes effective. These notices shall be
provided on the Contractor's publicly-accessible website and shall also be included
in those billing invoices mailed out at a time, and in conformance with, Government
Code § 53756.
• No-Waiver of City Discretion. While City reserves all powers afforded to cities
generally under the provisions of Applicable Law, this Agreement, including the
rate adjustment elements hereof, has been agreed to by the parties following arms -
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length negotiations and upon advice of counsel, for the dual purposes of
safeguarding public health and facilitating the performance of obligations
undertaken by Contractor on City’s behalf and for its benefit. Accordingly, while
this Agreement does not require City’s approval of a Maximum Rate Schedule
adjustment in every case, it does contemplate that City will exercise its powers
reasonably and in good faith, and shall favorably consider and shall accord proper
weight to a Maximum Rate Schedule proposal if accompanied by substantial
supporting evidence. In no case will City's failure to approve any specific Maximum
Rate Schedule adjustment be a default hereunder, and City bears no liability to
Contractor for any damages suffered by Contractor as a result of the failure to pass
new Maximum Rate Schedules or adjustments thereto. Accordingly, the City
Council is completely free within its police powers to exercise its discretion in
considering such matters, and the City has not contracted away any of its police
powers or duties to protect the public health, safety or general welfare of its citizens
pursuant to State and Federal law.
6.3 Method of Inflationary Adjustments
Contractor’s rates in Exhibit 3, or those in effect at the time, shall be adjusted at the same
rate as the annual change in the Consumer Price Index for All Urban Consumers (CPI -
U): U. S. city average, (seasonally adjusted) for the Garbage and Trash Collection
detailed expenditure category (Mnemonic: XCPIUEHG02.IUSA). However, such
inflationary adjustments shall only apply “automatically” to the extent permitted by
Government Code § 53756 and properly noticed pursuant to such statute. In determining
the annual change in the CPI, Contractor shall compare the change in the index for the
twelve months ending in the December that immediately precedes the planned July 1 rate
adjustment effective date. For each adjustment, the ending index value from the previous
year’s adjustment shall be used as the beginning index value for the current year ’s
adjustment calculation.
6.4 Maximum Allowable Rate Year Adjustment
In any Rate Year, the annual rate adjustment may not exceed six percent (6%). If a
proposed adjustment to the Maximum Rate Schedule in any one year exceeds six percent
(6%), the portion of the adjustment that is disallowed may be added to any subsequent
Rate Year’s adjustment to the extent that a subsequent adjustment remains below six
percent (6%). New or increased Federal, State or locally imposed per ton disposal fee
surcharges are excluded from the six percent (6%) per year rate adjustment cap.
6.5 Extraordinary Adjustments
Subject to meeting the substantive and proced ural requirements of Proposition 218,
Contractor may request in writing an adjustment to the Maximum Rate Schedule other
than that allowed under Section 6.3 in the event of extraordinary (i.e., non-inflationary)
changes in the cost of providing service under this Agreement. Contractor may submit
such a request not more frequently than once every twelve (12) months. Such changes
shall not include changes in tipping fees for Refuse Disposal, Recyclable Material, Green
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Waste or Organics processing costs, changes in the market value of Recyclables ’,
changes in the cost of organics processing or land application, inaccurate estimates by
the Contractor of its proposed cost of operations, unionization of Contractor’s work force,
change in wage rates or employee benefits, or the inability of the Contractor to dispose
of any or all Solid Waste at a selected landfill, including due to closure of a Disposal Site.
The only exception that would permit an extraordinary adjustment based upon changes
to the Refuse Disposal gate rate would be an increase in a direct per ton surcharge
assessed at the Disposal Site by federal, state or local regulatory agencies after the
Effective Date. Contractor is expected to comply with SCAQMD Rule 1193, and the Air
Resource Board’s emission standards as they may be approved for Refuse removal
vehicles, as well as other Federal, State and local laws and regulations that may be
enacted during the Term, with no additional compensation. Extraordinary rate
adjustments shall only be effective after approval by City Council.
For each request for an adjustment to the Maximum Rate Schedule that Contractor may
charge Customers brought pursuant to this section , Contractor shall prepare a schedule
documenting the extraordinary costs and how such costs are proportionally and actually
reflected in the Maximum Rate Schedule proposal. Such request shall be prepared in a
form acceptable to City with support for assumptions made by Contractor in preparing the
estimate. Contractor shall also submit a schedule showing how its total costs and total
revenues have changed over the past three (3) years for the services provided under this
Agreement.
City shall review the Contractor’s request and, in City’s sole judgment and absolute,
unfettered discretion, make the final determination as to whether an adjustment to the
Maximum Rate Schedule will be made, and, if an adjustment is permitted following
Proposition 218 procedural compliance, the appropriate amount of the adjustment. City
may consider increases or decreases in the Contractor’s total revenues and total cost of
services when reviewing an extraordinary rate adjustment request.
6.6 Brush Clearing Tonnage Threshold Adjustment
Customer rates are assumed to include the cost of processing up to 100 tons of brush
(the “threshold”) Collected per Section 4.4.5 per calendar year. In the event that the
number of tons Collected during these brush clearing events in any one calendar year
exceeds this 100 ton threshold, the threshold for subsequent calendar years will be set
at this higher amount. The rate adjustment effective the July 1 following the calendar year
in which the threshold was exceeded will include the annual cost to process the number
of brush tons by which the threshold was exceeded, as follows:
(new tonnage threshold - old tonnage threshold) x per ton brush processing rate(1) = Y
Y ÷ Current annual rate revenue = % increase to the annual rate adjustment(2)
(1) The per ton brush processing rate per ton shall be $95.00 for rate adjustments based
upon calendar year 2021 tonnage, and increased by CPI index in Section 6.3, and annually
thereafter.
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(2) As calculated in Section 6.4 above.
Rate adjustments will only be made in this manner and apply to subsequent years; no
adjustments shall be made for the actual year in which the threshold was exceeded. The
threshold for subsequent calendar years and, if applicable, subsequent rate adjustments
shall be the new, higher tonnage volume upon which the rate adjustment was based. This
rate adjustment may be carried out at least three decimal points (to one -tenth of one
percent).
6.7 Supporting Information
Any request for an adjustment to the maximum rates made pursuant to Sectio n 6.5 shall
be accompanied by a copy of Contractor’s certified annual financial statements prepared
by a Certified Public Accountant, which shall have been prepared in compliance with Rule 58
of the “Rules and Regulations of the State Board of Accountancy,” as established by the
California Code of Regulations, Title 16, Chapter I. Such Certified Public Accountant shall be
entirely independent of the Contractor and shall have no financial interest whatsoever in the
business of Contractor. City may specify the form and detail of the financial statements.
6.8 Potential Future Organics Facility on Palos Verdes Peninsula
If requested by City, Contractor shall work cooperatively with City and other local
agencies to explore the feasibility of siting an Organics Processing Facility on the Palos
Verdes Peninsula. In the event that an Organics Processing Facility is sited and becomes
operational on the Palos Verdes Peninsula, Contractor shall reduce its custome r rates to
reflect the cost savings resulting from: a) decreased operating costs resulting from
reduced vehicle travel time to the more proximate organics processing facility on the
Palos Verdes Peninsula, and, b) reduced tipping fees at the organics processing facility
on the Palos Verdes Peninsula.
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7 Review Of Services and Performance
7.1 Performance Review Meeting
City may hold a meeting or a public hearing annually to review Contractor ’s Solid Waste
and Recyclables Collection efforts, source reduction, processing and other Diversion
services and overall performance under this Agreement (the “Solid Waste Services and
Performance Review Meeting”). The purpose of the Solid Waste Services and
Performance Review Meeting 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 and Recyclables 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 Meeting 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 the’ goals of AB 939, AB 341, AB 1826, and
SB 1383, regulatory constraints, results of route audits, and Contractor performance. City
and Contractor may each select additional topics for discussion at any Solid Waste
Services and Performance Review Meeting.
City shall notify Contractor of its intent to hold a Solid Waste Services and Performance
Review Meeting at least sixty (60) days in advance. Thirty (30) days after receiving notice
from City of a Solid Waste Services and Perfo rmance Review Meeting, Contractor shall
submit a report to City which may contain such information as it wishes to have
considered, and shall contain the following:
a) Current Diversion rates and a report on Contractor’s outreach activities for the
past year.
b) Recommended changes and/or new services to improve City’s ability to meet the
goals of AB 939, AB 341, AB 1826, and SB 1383 and to contain costs and
minimize impacts on rates. A specific plan for compliance shall be included.
c) Any specific plans for provision for new or changed services by Contractor.
d) Reports on Customer complaints.
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 Meeting. 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 Meeting, and any
Customer may submit comments or complaints during or before the Meeting, either orally
or in writing. Contractor shall be present at and participate in the Solid Waste Services
and Performance Review Meeting.
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As a result of its findings following any Solid Waste Services and Performance Review
Meeting, City may require Contractor to provide expanded or new services within a
reasonable time and City may direct or take corrective actions for any performance
inadequacies (although nothing contained in this provision should be construed as
requiring City to hold a Solid Waste Services and Performance Review Meeting in order
to enforce any rights or remedies it has pursuant to the terms of this Agreement.) Should
City require expanded or new services as a remedy for Contractor’s failure to perform its
obligations hereunder, no additional compensation shall be due for such services.
Otherwise, any new or expanded services required of Contractor shall be subject to the
provisions of Section 2.9.
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8 Records, Reports and Information Requirements
8.1 General
Contractor shall maintain such accounting, statistical and other records related to its
performance under this Agreement as shall be necessary to develop the financial
statements and other reports required by this Agreement. Also, Contractor agrees to
conduct data collection, information and record keeping, and reporting activities needed
to comply with Applicable Laws and regulations and to meet the reporting and Solid Wa ste
and Recyclables program management needs of City. To this extent, such requirements
set out in this Agreement shall not be considered limiting or necessarily complete. In
particular, this Article is intended to only highlight the general nature of reco rds and
reports and is not meant to exactly or comprehensively define the scope and content of
the records and reports. Further, with the written direction or approval of City, the records
and reports to be maintained and provided by Contractor in accordan ce with this
Agreement shall be adjusted in number, format, or frequency.
Contractor shall maintain all records necessary to allow the City to determine Contractor ’s
compliance with the terms of this Agreement and compliance with the performance
standards presented in this Agreement. The records shall be maintained in a manner that
allows for easy verification of Contractor’s performance.
8.2 Records
8.2.1 General
Contractor shall maintain records required to conduct its operations, to support requests
it may make to City, and to respond to requests from City in the conduct of City business.
Adequate record security shall be maintained to preserve records from events that can
be reasonably anticipated such as a fire, theft and earthquake. Electronically maintained
data/records shall be protected, backed up and stored at a separate site from the original
data. All records shall be maintained for five (5) years, and shall continue to be available
for five (5) years after the expiration of this Agreement, unless a short er retention period
is specifically provided in this Agreement (e.g., Section 5.2.2 “Complaint
Documentation”). After minimum holding periods are met, Contractor will notify City 90
days before destroying records.
Contractor agrees that the records of any and all companies conducting operations
addressed in this Agreement shall be provided or made available to City and its official
representatives during normal business hours. Account histories shall be accessible t o
the City by computer for a minimum of five (5) years. City may review or utilize any of the
records described in this section for any purpose whatsoever. Such records include, but
are not limited to, financial, Solid Waste and Recyclables, CERCLA and Disposal records.
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8.2.2 Financial Records
Contractor shall maintain financial records relating to its operations pursuant to this
Agreement separate and segregated from such records relating to its other operations.
Contractor shall maintain at least the following records:
• Audited financial statements for Contractor;
• Financial statements of revenue and expense for this Agreement
segregated from the other operations of Contractor including a description
of segregation methodology (City may require this information to be at least
complied if requested under Section 6.7 or Section 8.3.5); and,
• Complete descriptions of related party transactions (corporate and/or
regional management fees, inter-company profits from transfer,
processing or Disposal operations).
8.2.3 Solid Waste and Recyclables Records
Contractor shall maintain and make available to the City upon request the following
records relating to its operations pursuant to this Agreement.
a) Customer services and Billing/Service payment records;
b) Records of tons Collected, processed, diverted and disposed by waste
stream (Refuse, Recycling, Organics), by Customer type (Cart, Bin), and
the Facilities (Transfer Station, MRF, Transformation Facility or landfill)
where such material was taken;
c) Quantity of Recyclables recovered by material type, as well as quantity
of material diverted from landfills in compliance with AB 939, AB 341, AB
1826, and SB 1383;
d) Bulky Item results and Special Event tonnages, including tons disposed
and diverted;
e) Routes;
f) Facilities, equipment and personnel used;
g) Facilities and equipment operations, maintenance and repair;
h) Number and type of Refuse, Recycling and Organics Containers in
service;
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i) Complaints; and,
j) Missed pickups.
8.2.4 CERCLA Defense Records
City views the ability to defend against actions arising under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) and related
litigation as a matter of great importance. For this reason, City regards the ability to prove
where Solid Waste Collected in Rancho Palos Verdes 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), as well as where
Recyclables and Organics Collected in the City were taken for processing and where any
residual Refuse was taken for Disposal, for not less than five (5) years following the
termination of this Agreement, and agrees to notify City’s Risk Administrator and City
Attorney at least ninety (90) days before destroying such records thereafter. At any time,
including after the expiration of the Term of this Agreement, Contractor shall provide
copies of such records to City within fifteen (15) days of City’s request for such records.
Records shall be in chronological and organized form and readily and easily interpreted.
The requirements of this section shall survive the expiration of the Term.
8.2.5 Other Programs’ Records
Records for other programs shall be tailored to specific needs. In general, they shall
include:
a) Plans, tasks, and milestones; and,
b) Accomplishments in terms such as dates, activities conducted,
quantities of products used, produced or distributed, and
numbers of participants and responses.
8.2.6 Audit
City may conduct an audit of Contractor at any time. The scope of the audit, and auditing
party, 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 Buffing, fee
payments, Gross Receipts, tonnage, and verification of Diversion rate. The first audit, to
be performed during 2024, will be based on the Contractor’s reports and records from
July 1 2022 through calendar year 2023. Audits will be performed every third year
thereafter, (e.g., the audit performed during 2026 will be based upon revenue from
calendar years 2024 and 2025). Contractor will reimburse the City the cost of such audits
(including audits conducted by City staff) up to $75,000 for the first audit, and $35,000 for
each subsequent audit in 2022 dollars. The $35,000 amount shall be increased annually
by the change in CPI using the formula for the change in the service component of the
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rates in Section 6.3. Costs incurred by Contractor for conducting its own route audits, as
required under this Agreement, are not included as part of this audit cost.
Should an audit conducted or authorized by the City disclose that fee s payable by
Contractor were underpaid by two percent (2%) or more, that tonnage was mis reported
by 2% or more, or that more than two percent (2%) of the Customers were inaccurately
billed based on the auditor’s sampling, for the period under review, City may expand the
scope of the audit and also recover additional audit costs from the Contractor.
8.2.7 Payments and Refunds
Should an audit disclose that fees payable by the Contractor were underpaid or that
Customers were overcharged for the period under review, Contractor shall pay to City
any underpayment of fees and/or refund to Contractor’s Customers or to City, as directed
by City, any overcharges within thirty (30) days following the date of the audit. Contractor
shall pay interest to the City for any underpayment or overcharges at an annual rate of
12%. Undercharges shall not be billed in arrears for more than six (6) months of service,
with any remaining undercharges absorbed by Contractor. Should an audit disclose that
fees were overpaid, City shall credit such amounts against future fees payable by
Contractor.
8.3 Reports
8.3.1 Report Formats and Schedule
Records shall be maintained in forms and by methods that facilitate flexible use of data
contained in them to structure reports, as needed. Reports are inte nded to compile
recorded data into useful forms of information that can be used to, among other things:
a) Determine and set rates and evaluate the financial efficacy of
operations;
b) Evaluate past and expected progress towards achieving AB
939, AB 341, AB 1826, and SB 1383 goals and objectives;
c) Determine needs for adjustment to programs; and,
d) Evaluate Customer service and complaints.
Contractor may propose report formats that are responsive to the objectives and
audiences for each report. The format of each report shall be approved by City. In addition
to submitting all reports on paper, Contractor agrees to submit all reports in an electronic
format approved by City, compatible with City’s software/computers at no additional
charge.
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Reports shall be submitted within thirty (30) calendar days after the end of the reporting
period. Annual reports for which a date is not otherwise specified in this Agreement shall
be submitted within thirty (30) calendar days after the end of th e calendar year. If
requested, Contractor’s complaint summary, described in Section 5.2.2, shall be sent to
the City Manager within five (5) Working Days of request.
All reports shall be submitted to:
City Manager (or designated representative)
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
8.3.2 Monthly Reports
The information listed below shall be the minimum reported for the preceding month:
a) Warning notices issued for contaminated Recyclables and Organics
Containers.
8.3.3 Quarterly Reports
Quarterly Report should contain at a minimum the information required in the monthly
report and include the following:
a) Solid Waste and Recyclables Collected by Contractor for each
month, sorted by type of Solid Waste Collected and diverted
(Refuse, Construction and Demolition Waste, Organics) or
Recyclables in tons (including contamination and Diversion rates for
each waste stream and Customer type), Customer type (Cart, Bin)
and identifying by tonnage and type the Facilities where the Solid
Waste or Recyclables were processed or disposed.
b) Quantity of Recyclables recovered by material type, as well as
quantity of material diverted from landfills in compliance with AB
939, AB 341, AB 1826, and SB 1383;
c) Gross Receipts by sector (Cart, Bin).
d) Narrative summary of problems encountered (including scavenging)
and actions taken with recommendations for City, as appropriate.
e) Materials Sales. Sales statement showing: kinds of material,
quantity sold (in tons), and materials rejected for sale.
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f) Complaint summary for the qu arter summarized by nature of
complaints.
g) Description of Contractor outreach activities and copies of
promotional and public education materials sent during the
quarter.
h) Other information or reports that City may reasonably request
or require.
8.3.4 Annual Report
The Annual Report is to be essentially in the form and content of the quarterly reports,
but shall also include:
a) A summary of the number of accounts and of Containers in service
as of December 31 by size (number of gallons, number of yards),
sector (Cart, Bin), service frequency, and type of service (Refuse,
Recyclables, Organics, Construction and Demolition Waste).
b) Records of tons Collected, processed, diverted and disposed by waste
stream (Refuse, Recycling, Organics), by Customer type (Cart, Bin), and
the Facilities (Transfer Station, MRF, or landfill) where such material was
taken;
c) Gross Receipts by sector (Cart, Bin).
d) A complete inventory of vehicles used to provide all services, including
make, year, type, fuel used, use, California license number and whether
or not it is used as a spare.
e) Documentation of compliance with all applicable air pollution contro l
laws for each vehicle.
f) A summary of the number of Containers by size (number of gallons,
number of yards) and type of service (Refuse, Recyclables, Organics).
g) General information about the Contractor and its most recent annual
report.
h) Copy of Hazardous Waste Diversion records showing types and
quantities, if any, of Hazardous Waste that was inadvertently
Collected, but diverted from landfilling.
i) Number of routes and route hours per day by type of service as of
December 31.
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j) Operations plan outlining the Collection routes, intervals of
Collection and Collection times for all materials Collected under
this Agreement.
k) Documentation supporting that calendar year ’s Diversion rate.
l) Other information or reports that City may reasonably request or requir e.
8.3.5 Financial Report
the City may, at City’s option, request and be provided with Contractor’s financial reports
for the most recently completed fiscal year in connection with any audit, extraordinary rate
adjustment request, or verification of other information required under this Agreement.
Contractor shall be required to provide the City with its audited financial statements only
in the event that Contractor requests an extraordinary rate adjustment under Section 6.5.
City and Contractor agree to use reasonable efforts to protect the confidential nature of
the Audited Financial Statements, subject to the provisions of Section 12.16.
Financial statements shall include a supplemental combining schedule showing
Contractor’s results of operations, including the specific revenues and expenses in
connection with the operations provided for in this Agreement, separated from others
included in such financial statements. The financial statements and footnotes shall be
prepared in accordance with generally accepted accounting principles (GAAP) and
audited, in accordance with generally accepted auditing standards (GAAS) by a certified
public accountant (CPA) licensed (in good standing) to practice public accounting in the
State of California as determined by the State of California Department of Consumer
Affairs Board of Accountancy. The cost for preparation of the financial statements and
audit shall be borne by Contractor as a direct cost of service. In addition, Contractor shall
provide to City the supplemental schedule on a compiled basis.
8.4 Database for SB 1383 Reporting and Implementation Record
Contractor shall furnish and maintain a database dedicated to the record keeping
requirements of SB 1383. This system shall be capable of assisting the City to maintain
all the information required by SB 1383 in a central location as well as providing the City
with templates and a shared google environment for gathering data from nonexclusive
commercial haulers. Contractor shall provide the City with access to the SB 1383
reporting platform. Contractor shall provide SB 1383 database at no additional charge.
Contractor’s database shall maintain, monitor, and report information related to the
following SB 1383 Implementation Record requirements:
• Organic Collection Services
• Hauler Program
• Contamination Minimization
• Waivers
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• Education and Outreach
• Edible Food Recovery Program
• Recycled Organic Waste Procurement
• Recycled Paper Procurement
• Commercial Edible Food Generators
• Inspection and Enforcement
Contractor shall work directly with the City to ensure the City receives required information
in a timely manner. Contractor shall work as a liaison between the City and CalRecycle
for the annual conference call, site visits and preparation of the Electronic Annual Report
(EAR).
8.5 Reporting Adverse Information
Contractor shall provide City two copies (one to the City Manager, one to the City
Attorney) of all reports, pleadings, applications, notifications, Notices of Violation,
communications or other material relating in any way to Contractor’s performance of
services pursuant to this Agreement, submitted by Contractor to, or received by
Contractor from, the United States, California Environmental Protection Agency,
CalRecycle, the Securities and Exchange Commission or any other federal, state or local
agency, including any federal or state court. Contractor need not submit routine traffic
and parking violations. Copies shall be submitted to City within thirty (30) days of receipt
by Contractor, or sooner if reasonably apparent that to do so is materially relevant, and
any responses by Contractor shall be submitted to City simultaneously with Contractor’s
filing or submission of such matters with these agencies. Contractor’s routine
correspondence to these agencies need not be routinely submitted to City, but shall be made
available to City promptly upon City’s written request.
8.6 Right to Inspect Records
City shall have the right to inspect or review the specific documents or records required
expressly or by inference pursuant to this Agreement, or any other similar records o r
reports of Contractor or its Affiliates that City shall deem, in its sole discretion, necessary
to evaluate annual reports, compensation applications provided for in this Agreement and
Contractor’s performance provided for in this Agreement. Contractor s hall make all
records and documents to be reviewed and inspected by City as a part of any audit or
other record review conducted by City, available for City’s review, inspection and copying
within five (5) days of receiving written notice from City requesting the same.
8.7 Failure to Report
The refusal or failure of Contractor to file any required reports, or to provide required
information to City, or the inclusion of any materially false or misleading statement or
representation by Contractor in such report shall be deemed a material breach of this
Agreement as described in Section 11.1 and shall subject Contractor to all remedies
which are available to the City under this Agreement or otherwise.
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9 Indemnification, Insurance, Bond and Letter of Credit
9.1 Indemnification
Contractor hereby agrees to and shall indemnify and hold harmless Indemnitees from
and against any and all loss, liability, penalty, damage, costs and fees (including but not
limited to all fees and charges of engineers, architects, attorneys and other professionals
as well as all Court or other dispute resolution costs, and costs of exhibits, reports and
other similar defense expenses), 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 or resulting from and in any way connected with (1) the negligence
or willful misconduct or intentional acts or omissions of Contractor, its officers, employees,
agents, contractors and/or subcontractors in performing services under this Agreement;
(2) the failure of Contractor, its officers, employees, agents, representatives, contractors
and/or subcontractors to comply in all respects with the provisions of this Agreement,
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, representatives, contractors and/or subcontractors in performing
services under this Agreement for which strict liability is imposed by law (includin g,
without limitation, the Environmental Laws). The foregoing indemnity shall apply to any
such loss, liability, penalty, damage, cost, forfeiture, claim, demand, action, proceeding,
suit, injury, death or damage, except that which is caused solely by the negligence or
willful misconduct of the Indemnitees’, provided such willful misconduct or negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where an Indemnitee is determined by a greement between the
parties or by the findings of a court of competent jurisdiction to have engaged in willful
misconduct or been negligent and where the Indemnitees ’ willful misconduct or
negligence accounts for only a percentage of the liability involved, the obligation of
Contractor under this Section 9.1 will be for that entire portion or percentage of liability
not attributable to the willful misconduct or negligence of the Indemnitee(s).
Contractor further agrees to and shall, upon demand of City, at Contractor’s sole cost and
expense, defend (with attorneys acceptable to City) the Indemnitees 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.
Contractor, upon demand of City, made by and through the City Attorney, shall protect
City and appear in and defend the Indemnitees 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 “Recyclables,” the scope of the rights
granted in this Agreement, conflicts between the rights granted in this Agreement and
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rights asserted by other Persons, or the limits of City’s authority with respect to the grant
of licenses, or agreements, exclusive or otherwise, or asserting rights under the United
States or California Constitutions or any federal or state law to provide Solid Waste
Collection Services in the Service Area.
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.
9.2 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 perm itted by law, defend (with counsel
acceptable to City), reimburse, indemnify, and hold harmless the Indemnitees 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, clean -up 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 Indemnitee is liable, responsible or in any way obligated
to investigate, assess, monitor, study, test, treat, remove,
remediate, or otherwise clean-up, any Hazardous Contaminant (as
defined in this Agreement); 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 any Environmental Law;
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 of Contractor of any Facility;
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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;
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 section, the term “Hazardous Contaminant” shall mean any
Hazardous Substance, any Hazardous Waste, any crude oil or refined or unrefined
petroleum product or any fraction or derivative; and any asbestos or asb estos-
containing material. The term “Hazardous Contaminant” shall also include any
substances added by any and all amendments to any Environmental Laws defining
the terms in the prior sentence, whether made before or after the date of execution
of this Agreement.
E. In the event that the City exercises its right in writing under Section 4.8 to direct
Contractor to use a Disposal Site other than a site approved in this Agreement,
and that site is not owned or operated by Contractor, this indemnification shall not
apply for the tonnage directed by the City to this Disposal Site.
F. 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.
9.3 Indemnification - Failure to Meet Diversion Requirements
A. To the extent authorized by law, Contractor agrees to indemnify and hold harmless
City from and against all fines and/or penalties imposed by CalRecycle in the event
the source reduction and Recycling goals or any other requirement of AB 939, AB
341, AB 1826, and SB 1383 are not met by City with respect to the waste stream
Collected under this Agreement.
B. Contractor warrants and represents that it is familiar with City’s waste
characterization study as set forth in City’s Source Recovery and Recycling
Element (SRRE), and that it has the ability to and will provide sufficient programs
and services to ensure 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, AB 341, AB 1826,
and SB 1383, with respect to that portion of the Solid Waste and Recyclables
generated in the City that is the subject of this Agreement.
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C. Contractor agrees to protect and defend Indemnitees with counsel selected by
Contractor and approved by City, to pay all costs and fees (including, without
limitation, fees and charges of engineers, architects, attorneys and other
professionals, and costs of exhibits, reports and other similar defense expenses)
and to indemnify and hold Indemnitees harmless from and against all fines or
penalties imposed by CalRecycle if the Diversion goals specified in California
Public Resources Code Section 41780 as of the date of this Agreement and
hereafter throughout are not met by the City with respect to the Solid Waste and
Recyclables Collected by Contractor and if the lack in meeting such goals are
attributable to the failure of the Contractor to implement and operate the Recycling
or Diversion programs or undertake the related activities required by this
Agreement.
9.4 Insurance
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, 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 in this
Agreement.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability form CG
00 01, or current equivalent as approved by the Insurance
Services Office.
2. Insurance Services Office form number CA 00 01 covering
Automobile Liability, code 1 “any auto” and endorsement CA
00 25.
3. Workers’ Compensation insurance as required by the Labor
Code of the State of California and Employers Liability
insurance.
B. Minimum Limits of Insurance. Contractor shall maintain in force for the
Term limits no less than:
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1. Comprehensive General Liability: Ten Million Dollars ($10,000,000) limit
aggregate and Five Million Dollars ($5,000,000) limit per occurrence for
bodily injury, personal injury and property damage.
2. Automobile Liability: Ten Million Dollars ($10,000,000) limit aggregate
and Five Million Dollars ($5,000,000) limit per accident for bodily injury
and property damage.
3. Environmental Impairment Liability: Three Million Dollars ($3,000,000)
limit aggregate.
4. Workers’ Compensation and Employers Liability: Workers’ compensation
limits as required by the Labor Code of the State of California or provide
evidence of State approval to be self-insured and Employers Liability
limits of $1,000,000 per accident.
5. Crime Insurance Policy/Fidelity Bond: Contractor shall secure and maintain
during the life of this contract a blanket fidelity bond or proof of crime
insurance policy from a company doing business in the State of California on
all personnel in its employment. The bond or policy shall be issued in the
amount of at least $1,000,000 per occurrence. Said bond shall protect City
from any losses sustained through any fraudulent or dishonest act or acts
committed by any employees of the provider and subcontractors, if any. Proof
of coverage must be submitted to City within 60 calendar days after execution
of the contract and prior to the delivery of services. Proof of the fidelity bond
or crime insurance policy shall be submitted to the agency annually during
the contract renewal period.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by City, which approval shall not be
unreasonably withheld. 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, at the option of City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects City, its officials, employees and agents; or Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
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1. General Liability and Automobile Liability Coverages
a) City, its elective and appointive boards, commissions,
officials, employees, agents and volunteers are to be named
as additional insureds as respects: liability arising out of
activities performed by or on behalf of Contractor; products
and completed operations of Contractor; Premises owned,
leased or used by Contractor; or vehicles owned, leased,
hired or borrowed by Contractor. The coverage shall contain
no special limitations on the scope of
protection afforded to City, its elective and appointive
boards, commissions, officials, employees, agents or
volunteers.
b) Contractor’s insurance coverage shall be primary
insurance as respects City, its elective and appointive
boards, commissions, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by
City, its officials, elective and appointive boards,
commissions, employees, agents or volunteers shall be
excess of Contractor’s insurance and shall not contribute
with it.
c) Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to City, its
officials, elective and appointive boards, commissions,
employees, agents or volunteers.
d) Coverage shall state that Contractor’s insurance shall
apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of
the insurer’s liability.
2. Workers’ Compensation and Employers Liability Coverage - The
insurer shall agree to waive all rights of subrogation against City,
its officials, elective and appointive boards, commissions,
employees, agents and volunteers for losses arising from work
performed by Contractor for City.
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3. All Coverages - Each insurance policy required by this clause
shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days ’ prior written
notice by certified mail, return receipt requested, has been
given to City.
E. Acceptability of Insurers. The insurance policies required by this section
shall be issued by an insurance company or companies authorized to do
business in the State of California and with a rating in the most recent edition
of Best’s Insurance Reports of size category VII or larger and a rating
classification of A or better.
F. Verification of Coverage. Simultaneously with the execution of this
Agreement, Contractor shall furnish City certificates of each policy of insurance
required hereunder, in form and substance satisfactory to City. 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. Such certificates shall show the type and amount of
coverage, effective dates and dates of expiration of policies and shall have all
required endorsements. 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 starts. If City requests, copies of each policy, together with all
endorsements, shall also be promptly delivered to City.
Renewal certificates will be furnished periodically to City to demonstrate
maintenance of the required coverage throughout the Term.
G. Contractors and Subcontractors. Contractor shall include all contractors and
subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each contractor and subcontractor. All coverages for
contractors and subcontractors shall be subject to all of the requirements stated in
this Agreement.
H. Required Endorsements
1. Insurance policies shall contain an endorsement in
substantially the following form:
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“Thirty (30) days prior written notice by certified mail, return receipt
requested, shall be given to City in the event of cancellation,
reduction in coverage, or non-renewal of this policy. Such notice
shall be sent to:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
2. “City, its public officials, officers, employees, consultants,
agents, volunteers, and independent contractors serving
in the role of City officials are additional insureds on this
policy.”
3. “This policy shall be considered primary insurance as respects any
other valid and collectible insurance maintained by City, including
any self-insured retention or program of self-insurance, and any
other such insurance shall be considered excess insurance only.”
4. “Inclusion of City as an insured shall not affect City’s rights as respects
any claim, demand, suit or judgment brought or recovered against
Contractor. This policy shall protect Contractor and City in the same
manner as though a separate policy had been issued to each, but
this shall not operate to increase Contractor’s liability as set forth in
the policy beyond the amount shown or to which Contractor would
have been liable if only one party had been named as an insured.”
I. Other Insurance Requirements
1. In the event any services are delegated to another company or
subcontractor, Contractor shall require such Contractor or
subcontractor to provide statutory workers’ compensation insurance
and employer’s liability insurance for all of the Contractor or
subcontractor’s employees engaged in the work in accordance with
this Section 9.4. The liability insurance required by this Section 9.4
shall cover all Contractor or subcontractors or the Contractor or
subcontractor must furnish evidence of insurance provided by it
meeting all of the requirements of this Section 9.4.
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2. Contractor shall comply with all requirements of the insurers issuing
policies. The carrying of insurance shall not relieve Contractor from
any obligation under this Agreement. If any claim exceeding the
amount of any deductibles or self-insured reserves is made by any
third Person against Contractor or any Contractor or subcontractor
on account of any occurrence related to this Agreement, Contractor
shall promptly report the facts in writing to the insurance carrier and
to City.
If Contractor fails to procure and maintain any insurance required by
this Agreement, City may take out and maintain, at Contractor’s
expense, such insurance as it may deem proper and deduct the cost
of that insurance from any moneys due Contractor.
9.5 Faithful Performance Bond
Concurrently with execution of this Agreement, Contractor shall deliver to City a
performance bond in the sum of the amount of One Million Seven Hundred Thousand
Fifty Dollars ($1,750,000), similar in form to that attached hereto as Exhibit 4, which secures
the faithful performance of this Agreement, including, without limitation , payment of any
penalty and the funding of any work to cure a breach of this Agreement, unless such
requirement is waived by the City Manager. The performance bond shall be executed by
a surety company licensed to do business in the State of California, h aving an A: VII or
better rating, and approved by the City; and included on the list of surety companies
approved by the Treasurer of the United States. The bond shall contain the original
notarized signature of an authorized officer of the surety and affi xed thereto shall be a
certified and current copy of his or her power of attorney. The bond shall be unconditional
and remain in force during the entire Term, and during the continuation period after the
Term as provided in Section 9.9.
9.6 Faithful Performance Letter of Credit
In addition to the performance bond required by Section 9.5 above, Contractor shall
furnish an irrevocable letter of credit in the amount of Two Hundred Fifty Thousand Dollars
($250,000), from a financial institution acceptable to the City and in a for m acceptable to
the City Attorney as security for the performance of this Agreement (the “LOC”). The LOC
shall be the sole responsibility of Contractor. The LOC shall be remain in force during the
entire Term, and during the continuation period after the Term as provided in Section 9.9.
The LOC shall be released within thirty (30) days after both (i) the expiration of the
continuation period provided in Section 9.9, or upon the earlier termination of this
Agreement; and (ii) Contractor’s satisfactory performance of all obligations hereunder.
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9.7 Forfeiture of Performance 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
performance bond which is necessary to recompense and make whole the City forfeited
to the City. Upon partial or full forfeiture of the performance bond, Contractor shall restore
the performance bond to its face amount within thirty (30) days of the City ’s declaration.
Failure to restore the performance bond to its full amount within thirty (30) d ays shall be
a material breach of this Agreement.
9.8 Forfeiture of Letter Of Credit
Thirty (30) days following City providing Contractor with written notice of its failure to pay
City any amount owing under this Agreement, City may draw upon the LOC for purp oses
including, but not limited to:
a. Payment of sums due under the terms of this Agreement which
Contractor has failed to timely pay to City
b. Reimbursement of costs borne by City to correct violations of this
Agreement not corrected by Contractor, including but not limited to the
liquidated damages described in Section 11.3.
City may draw upon the entire LOC and convert it to a cash deposit if Contractor fails to
cause the LOC to be extended or replaced with another satisfactory letter of credit no
later than 60 days prior to its expiration during the Term of this Agreement.
9.9 Performance Security Beyond Service Term
Some Agreement requirements extend beyond the Term and other requirements, such
as minimum Diversion rates per Section 4.3.6, will not be substantiated until after the final
service date. Therefore, the Contractor shall not terminate the performance bond or letter
of credit, and will renew them to ensure continuous availability to the City, until receiving
a written release from the City. Any performance bond or letter of credit will automatically
expire at the end of 36 months after the end of the Term. Permission from the City to
discontinue holding these performance securities does not relieve Contractor of payments
to the City that may be due, or may become due.
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10 City’s Right to Perform Service
10.1 General
In the event that Contractor, for any reason whatsoever, fails, refuses or is unable to
Collect, Recycle, process, transport or dispose of any or all Solid Waste or Recyclables
as required by this Agreement, at the time and in the manner provided in this Agreement,
for a period of more than forty-eight (48) hours, and if, as a result, Solid Waste should
accumulate in the City to such an extent, in such a manner, or for such a time that such
accumulation endangers or menaces the public health, safety or welf are, then City shall
have the right, but not the obligation, (1) to perform, or cause to be performed, such
services itself with its own or other personnel without liability to Contractor; and/or (2) to
take possession of any or all of Contractor’s land, equipment and other property used or
useful in the Collection and transportation of Solid Waste and Recyclables, and to use
such property to Collect and transport any Solid Waste and Recyclables generated within
the City which Contractor would otherwise be obligated to Collect, transport and properly
dispose of or process pursuant to this Agreement.
Notice of City’s determination to effect its rights under this Section may be given orally by
telephone to Contractor at its principal office and shall be effective immediately. Written
confirmation of such oral notification shall be sent to Contractor within twenty -four (24)
hours of the oral notification.
Contractor further agrees that in such event:
1. It will take direction from City to effect the transfer of possession
of equipment and property to City for City’s use, or for use by any
Person or entity designated by the City.
2. It will, if City so requests, keep in good repair and condition all of
such equipment and property, provide all motor vehicles with fuel,
oil and other service, and provide such other service as may be
necessary to maintain this property in operational condition.
3. City may immediately engage all or any personnel necessary or useful for
the Collection and transportation of Solid Waste and Recyclables,
including, if City so desires, employees previously or then employed by
Contractor. Contractor further agrees, if City so requests, to furnish City
the services of any or all management or office Personnel employed by
Contractor whose services are necessary or useful for Solid Waste and
Recyclables Collection, transportation, processing and Disposal
operations and for the Billing and Collection of fees for these services.
City agrees that it assumes responsibility for the proper and normal use of such
equipment and facilities while in its possession.
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If the interruption or discontinuance in service is caused by any of t he reasons listed in
Section 11.4, City shall pay to Contractor the reasonable rental value of the equipment
and facilities, possession of which is taken by City, for the period of City’s possession, if
any, which extends beyond the period of time for which Contractor has rendered Bills in
advance of service, for the class of service involved. If the interruption or discontinuance
in service is caused by any other reason, regardless of City’s implementation of options
under this agreement, City may consider this a default.
10.2 Billing and Compensation to City During City’s Possession
Contractor agrees that it shall reimburse City for any and all costs and expenses incurred
by City, beyond that billed and received by City, in taking over possession of the above -
mentioned equipment and property for Solid Waste and Recyclables service in such
manner and to an extent as would otherwise be required of Contractor under the terms
of this Agreement. Such reimbursement shall be made from time to time after submission
by City to Contractor of each statement listing such costs and expenses, but in no event
later than five (5) Working Days from and after each such submission.
10.3 City’s Right to Relinquish Possession
It is further mutually agreed that City may at any time at its discretion relinquish
possession of any or all of the above -mentioned property to Contractor and thereupon
demand that Contractor resume the Solid Waste Collection Services as provided in this
Agreement, whereupon Contractor shall be bound to resume the same.
10.4 City’s Possession Not a Taking
The Parties agree that City’s exercise of its rights under this Article (1) does not constitute
a taking of private property for which compensation must be paid, (2) shall not create any
liability on the part of City to Contractor, and (3) does not exempt Contractor from any of
the indemnity and insurance provisions of this Agreement, which are meant to extend to
circumstances arising under this section provided that Contractor is not required to
indemnify City against claims and damages arising from the sole negligence of City, its
public officials, officers, employees, consultants, agents, volunteers, and independent
contractors serving in the role of City officials in the operation of Collection Vehicles during
the time City has taken possession of such vehicles.
10.5 Duration of City’s Possession
City’s right pursuant to this Article to retain temporary possession of Contractor’s facilities
and equipment, and to render Collection services, shall terminate when City determines
that such services can be resumed by Contractor, or when City no longer reasonably
requires such property or equipment. In any case, City has no obligation to maintain
possession of Contractor’s property or equipment and/or continue its use for any period
of time and may at any time, in its sole discretion, relinquish possession to Contractor.
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11 Default, Remedies and Liquidated Damages
11.1 Events of Default
All provisions of this Agreement to be performed by Contractor are considered material.
Each of the following shall constitute an event of default by the Contractor:
A. Fraud or Deceit or Misrepresentation. If the Contractor engages in, or attempts
to practice, any fraud or deceit upon City or makes a misrepresentation regarding
material information to City.
B. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or
unwilling to pay its debts, files a bankruptcy petition or takes steps to liquidate
its assets.
C. Failure to Maintain Coverage. If Contractor fails to provide or maintain in full
force and effect the Workers’ Compensation, liability, or indemnification coverage
as required by this Agreement; or if Contractor fails to provide or maintain in full
force and effect the faithful performance bond and faithful performance letter of
credit required by Sections 9.5 and 9.6 of this Agreement.
D. Violations of Regulations. If Contractor violates any order, rule or regulation of
any regulatory body having jurisdiction over Contractor relative to this Agreement,
provided that Contractor may contest any such orders or filings by appropriate
proceedings conducted in good faith, in which case no breach of this Agreement
shall be deemed to have occurred until a final decision adverse to the Contractor is
entered.
E. Failure to Perform. If Contractor ceases to provide all or a portion of the Collection,
processing or Recycling services, or any other Solid Waste Collection Services as
required under this Agreement for a period of two (2) consecutive days or more, for
any reason within the control of Contractor. This includes, without limitation, any
failure to perform by Contractor due to labor unrest, including strike, work stoppage
or slowdown, sickout, picketing, or other concerted job action, if not excused
pursuant to Section 11.4.
F. Failure to Pay. If Contractor fails to make any payments required under this
Agreement and/or refuses to provide City, within ten (10) days of the demand, with
required information, reports, and/or records in a timely manner as provided for in
this Agreement.
G. Failure to Cooperate with Audits. Failure to complete, perform or cooperate
with any audit as described by this Agreement.
H. Failure to Submit Reports or Documentation. Failure to complete or to provide
required reports or documents to City as required by this Agreement.
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I. Acts or Omissions. Any act or omission by Contractor relative to the services
provided under this Agreement which violates the terms, conditions, or
requirements of this Agreement, or AB 939, AB 341, AB 1826, and SB 1383, or any
Applicable Law. Any failure to correct or remedy any such violation within the time
set in the written notice of the violation or, if Contractor cannot reasonably correct
or remedy the breach within the time set forth in such notice, if Contractor should
fail to start to correct or remedy such violation within the time set forth in such notice
and diligently effect such correction or remedy thereafter.
J. Crimes. Any situation in which Contractor or any of its officers, directors or
employees are found guilty of any crime related to the performance of this
Agreement, or of any crime related to anti-trust activities, illegal transport or
Disposal of hazardous or toxic materials, or bribery of public officials. The term
“found guilty” shall be deemed to include any judicial determination that Contractor
or any of Contractor’s officers, directors or employees is guilty as well as any
admission of guilt by Contractor or any of Contractor’s officers, directors or
employees including, but not limited to, the plea of “guilty”, “nolo contendere”, “no
contest”, and “guilty to a lesser charge.”
K. False or Misleading Statements. Any representation or disclosure made to City
by Contractor in connection with or as an inducement to entering into this
Agreement, or any future amendment to this Agreement, which proves to be false
or misleading in any material respect as of the time such representation or
disclosure is made, whether or not any such representation or disclosure appears
as part of this Agreement.
L. Attachment. The seizure of, attachment of, or levy on, the operating equipment of
Contractor, including, without limits, its equipment, maintenance or office facilities.
M. Suspension or Termination of Service. Any termination or suspension of the
transaction of business by Contractor lasting more than two (2) consecutive days.
This includes, without limitation, any termination or suspension of the transaction of
business by Contractor due to labor unrest, including strike, work stoppage or
slowdown, sickout, picketing, or other concerted job action, if not excused pursuant
to Section 11.4.
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N. Failure to Provide Assurance of Performance. If Contractor fails to provide
reasonable assurances of performance as required under Section 11.6.
O. Commingling of Recyclables with Refuse/Landfilling of Recyclables. If
Contractor empties a Container of properly set out Recyclables or Organics into a
Refuse load, or transports Recyclables or Organics to a landfill or other location at
which the material will not be diverted from landfilling.
P. Failure to Meet 50% Diversion Goal. Contractor fails to divert at least 50% of all
Solid Waste it Collects, per Section 4.3.6, for two consecutive calendar years.
Contractor shall have forty-eight (48) hours from the time it is given notification by City to
cure any default arising under subsections C, E, F, G, H, I, K, L, M and N provided,
however, that City shall not be obligated to provide Contractor with a notice and cure
opportunity if Contractor has committed the same or simil ar breach within a twenty-four
(24) month period. Contractor acknowledges that it is not entitled to receive notice of
default, or to cure such default, with respect to those matters listed in subsections A, B,
D, K and P above.
11.2 Right to Terminate Upon Default and Right to Specific Performance
If Contractor commits a material breach, including specifically any of the matters listed in
subsections A through P of Section 11.1 above (and, if permitted to cure, does not cure
it within the forty-eight (48) hours), City shall be entitled to unilaterally terminate this
Agreement or impose other such sanctions (which may include financial sanctions,
temporary suspensions or any other conditions it deems appropriate short of termination)
as it shall deem proper. Should City decide to terminate this Agreement upon a default by
Contractor, City shall have the right to do so upon giving ten (10) days notice to Contractor,
and shall not be required to take any further action (such as holding any hearing, bringing
any suit or taking any other action.)
City’s rights to terminate this Agreement and to take possession of Contractor ’s Facility
and/or equipment are not exclusive, and City’s termination of this Agreement shall not
constitute an election of remedies. Instead, such remedies shall be in addition to any and
all other legal and equitable rights and remedies that City may have.
By virtue of the nature of this Agreement, the urgency of timely continuous and high -
quality service, the time required to effect alternative service, and the rights granted by
City to Contractor, the remedy of damages for a breach of this Agreement by Contractor
is inadequate and City shall be entitled to seek injunctive relief and/or specific
performance of any breach of this Agreement.
11.3 Liquidated Damages
A. General. City finds, and Contractor agrees, that as of the time of the execution of
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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 this 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 reliable services is impossible to calculate in precise monetary terms; and (iv)
the termination of this Agreement for such specific breaches, and other re medies are, at
best, a means of future correction and not remedies which make the public whole for past
breaches.
B. Service Performance Standards; Liquidated Damages for Failure to Meet
Standards. The parties further acknowledge that consistent, reliable Solid Waste and
Recyclables 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 that City
will suffer. Therefore, without prejudice to City’s right to treat such breaches as an event
of default under this Article 11, 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 City
Initial Here __________ Initial Here ____
Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set
forth below:
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1. Collection Reliability
For each failure to start service to a new Customer account within seven (7) days after
order, which exceeds five (5) such failures annually: $100.00
For each failure, which exceeds ten (10) such failures annually, to Collect Solid Waste
and/or Recyclables from any established Customer account on the scheduled Collection
day and not make up the Collection within the time allotted per Section 4.6.2:
$100.00
2. Collection Quality
For each occurrence of failure to properly return empty Containers to avoid pedestrian or
vehicular traffic impediments or to place Containers upright which exceeds ten (10) such
occurrences annually: $50.00
For each occurrence of excessive noise or discourteous behavior: $250.00
For each occurrence of Collecting Solid Waste and/or Recyclables during unauthorized
hours which exceeds ten (10) such occurrences
annually: $100.00
For each occurrence of damage to private property that exceeds five (5) such
occurrences annually: $250.00
For each failure to clean up Solid Waste and/or Recyclables spilled from Solid Waste
and/or Recyclables Containers within ninety (90) minutes that exceeds ten (10) such
failures annually: $100.00
3. Customer Responsiveness
For each failure to initially respond to a Customer complaint within one (1) Working Day,
and for each additional day in which the complaint is not addressed, which exceed a
cumulative total for all Customers of ten (10) such days annually: $50.00
For each failure to process Customer complaints as required by Article 5, which exceed a
cumulative total for all Customers of ten (10) such failures annually: $50.00
For each failure to remove graffiti from Containers, or to replace with Containers bearing
no graffiti, within two (2) Working Days of request from City or Customer: $ 50.00 per
day
For each failure to repair or replace a damaged or missing Container within two (2)
Working Days of request from City or Customer: $ 50.00 per day
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For each failure to process a claim for damages within thirty (30) days from the date
submitted to Contractor: $50.00
For each additional thirty (30) day increment of time in which Contractor has failed to
resolve a claim for damages within thirty (30) days from the claim date: $50.00
4. Diversion Efforts
For every Green Cart or Blue Cart Collected as Refuse without issuing a
red tag per Section 4.3.4: $50 per Cart
5. Timeliness of Submissions to City
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:
Monthly Reports: $50 per day
Quarterly Reports: $50 per day
Annual Reports: $100 per day
6. Accuracy of Billing
Each Customer invoice that is not prepared in accordance with the Rate
Schedule, in excess of ten (10) such invoices annually: $25 per invoice
7. Cooperation with Service Provider Transition
For each day routing information requested by City in accordance with Section 12.8 is
received after City-established due dates, both for preparation of a request for proposals
and for new service provider’s implementation of service : $1,000/day
For each day delivery of keys, access codes, remote controls, or other means of access
to Solid Waste and/or Recyclables Containers is delayed beyond one (1) day prior to new
service provider servicing Customers with access issues, as described in Section 12.8:
$1,000/ day
For delay in not meeting the requirements contained in Sections 4.13 and 12.8 in a timely
manner, in addition to the daily liquidated damages for breach under 7(a) and 7(b) above,
liquidated damages of: $10,000
City may determine the occurrence of events giving rise to liquidated damages through
the observation of its own employees or representative or investigation of Customer
complaints.
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.
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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 City. Contractor may present
evidence in writing and through testimony of its employees and others relevant to the
incident(s)/non-performance. City will provide Contractor with a written explanation of its
determination on each incident(s)/non-performance prior to authorizing the assessment
of liquidated damages. The decision of City shall be final.
C. Amount. 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.
D. 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 the performance bond required by this Agreement or
find Contractor in default and terminate this Agreement pursuant to Section 11.2, or both.
11.4 Excuse from Performance
The Parties shall be excused from performing their respective obligations hereunder in
the event they are prevented from so performing by reason of floods, earthquakes, other
natural disasters, war, civil insurrection, riots, acts of any government (including judicial
action), and other similar catastrophic events which are beyond the control of and not the
fault of the party claiming excuse from performance hereunder.
Labor unrest, including, but not limited to, strike, work stoppage or slowdown, sick -out,
picketing, or other concerted job action conducted by Contractor’s employees or directed
at Contractor is excused from performance only to the extent that the following
requirements are met
• Contractor provides a contingency plan to the City prior to the execution of this
Agreement demonstrating how services will be provided during the period of
labor unrest. The contingency plan is subject to City approval and Contractor
shall amend the plan until it meets City requirements, including reasonably
demonstrating how City’s basic Collection and sanitary needs will be met to the
City’s satisfaction.
• Contractor shall meet all requirements of this plan or City may choose to revoke
this excuse from performance offered under this Agreement and may choose to
use enforcement provisions under this Agreement, including Sections 11.1, 11.2
and 11.3, in which case Contractor is not excused from performance and
Contractor shall be obligated to continue to provide service notwithstanding the
occurrence of any or all of such events.
The party claiming excuse from performance shall, within two (2) da ys after such party
has notice of such cause, give the other party notice of the facts constituting such cause
and asserting its claim to excuse under this section.
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The interruption or discontinuance of Contractor’s services caused by one (1) or more of
the events excused shall not constitute a default by Contractor under this Agreement.
Notwithstanding the foregoing, however, if Contractor is excused from performing its
obligations hereunder for any of the causes listed in this section for a period of nin ety (90)
days or more, City shall nevertheless have the right, in its sole discretion, to (i) take
possession of Contractor’s land, equipment and other property and engage Contractor’s
personnel pursuant to Article 10, or (ii) terminate this Agreement by giving ten (10) days’
notice.
11.5 Notice, Hearing and Appeal of City Breach
A. 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. A hearing officer shall be appointed by
the City Manager, and the hearing shall occur as soon as reasonably possible, or
on such date as mutually agreed 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 of notice of the decision is given to both Parties.
Otherwise, the hearing officer’s ruling shall have no further force or effect.
B. 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 start 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 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 officers decision.
C. 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.
11.6 Assurance of Performance
City may, at its option and in addition to all other remedies it may have, demand from
Contractor reasonable assurances of timely and proper performance of this Agreeme nt,
in such form and substance as City may require. If Contractor fails or refuses to provide
satisfactory assurances of timely and proper performance in the form and by the date
required by City, such failure or refusal shall be an event of default.
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12 Other Agreements of the Parties
12.1 Relationship of Parties
The Parties intend that Contractor shall perform the services required by this Agreement
as an independent contractor engaged by City and not as an officer or employee of City
nor as a partner of or joint venture with City. No employee or agent or Contractor shall be
or shall be deemed to be an employee or agent of City. Except as expressly provided in
this Agreement, Contractor shall have the exclusive control over the manner and means
of conducting the Solid Waste Collection Services performed under this Agreement, and
all Persons performing such services. Contractor shall be solely responsible for the acts
and omissions of its officers, employees, Affiliates, contractors, subcontractors and
agents. Neither Contractor nor its officers, employees, Affiliates, contractors,
subcontractors and agents shall obtain any rights to retirement benefits, workers ’
compensation benefits, or any other benefits which accrue to City employees by virtue of
their employment with City, and Contractor waives any claim it may have or acquire to
such benefits.
12.2 Compliance with Law
In providing the services required under this Agreement, Contractor shall at all times, at
its sole cost, comply with all Applicable Laws, including but not limited to the payment of
prevailing wages, if applicable.
12.3 Governing Law
This Agreement shall be governed by, and construed and enforced in accordance
with, the laws of the State of California.
12.4 Jurisdiction
Except for those matters where Federal Courts have exclusive jurisdiction, any lawsuits
between the Parties arising out of this Agreement shall be brought and concluded in the
courts of the State of California, which shall have exclusive jurisdiction over such
lawsuits. With respect to venue, the Parties agree that this Agreement is made in and will
be performed in Los Angeles County, Superior Court Southwest Judicial District.
12.5 Assignment
Except as may be provided for in Article 10 (City’s Right to Perform Service), Contractor
shall not assign its rights, nor delegate, subcontract or otherwise transfer its obligations
under this Agreement (collectively referred to as an “assignment”) to any other Person
without the prior written consent of City. Any such assignment made without the consent
of City shall be void and the attempted assignment shall constitute a material breach of
this Agreement.
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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 outstanding common stock of
Contractor to a third party provided such sale, exchange or transfer may result in a change
of control of Contractor; (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 of 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; and (v) 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.
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 in this Agreement based on (1) Contractor’s experience, skill and reputation for
conducting its Solid Waste Collection Services in a safe, effective and responsible
fashion, at all times in keeping with applicable Environmental Laws, regulations and best
Solid Waste and Recyclables 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.
If Contractor requests City’s consideration of and consent to an assignment, City may
deny or approve such request in its sole and absolute discretion. Any request for an
assignment must be approved by the City Council, 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 pay City its reasonable expenses for attorney’s fees and
investigation costs necessary to investigate the suitability of any
proposed assignee, and to review and finalize any documentation
required as a condition for approving any such assignment. An advance
payment of fifty thousand dollars ($50,000) towards expenses shall be
paid to City prior to City consideration of any assignment request and
Contractor shall be responsible to pay all costs incurred by City in
considering a request for assignment, including those in excess of this
deposit amount, regardless of whether City consents to the assignment.
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b) Contractor shall pay the City a transfer fee equal to one percent (1%) of
the Gross Receipts it, or its assignee, will receive during the remaining
Term, as estimated by City. This transfer fee shall be waived for a
transfer to an affiliate. For purposes of this subsection, “affiliate” means
an entity under the same management and Control as EDCO Disposal
Corporation (the original contracting party). As used in this subsection,
“Control” means the possession, direct or indirect, of the power to direct
or cause the direction of the management and policies of a corporation,
partnership, joint venture, trust, or other association.
c) Contractor shall furnish City with audited financial statements for itself,
and the proposed assignee’s operations for the immediately preceding
three (3) operating years.
d) A proforma financial statement (income statement and balance sheet)
for the proposed assignee with the projected results of operations
assuming that the assignment is completed. Such proforma financial
statement shall reflect any debt to be incurred by the assignee as
part of the acquisition of Contractor’s operations.
e) Contractor shall furnish City with satisfactory proof: (i) that the
proposed assignee has at least ten (10) years of Solid Waste and
Recyclables management experience on a scale equal to or
exceeding the scale of operations conducted by Contractor under this
Agreement; (ii) that in the last five (5) years, the proposed assignee
has not suffered any significant citations or other censure from any
federal, state or local agency having jurisdiction over its Solid Waste
Collection operations due to any significant failure to comply with
state, federal or local Environmental Laws and that the assignee has
provided City with a complete list of any 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 Collection
Services in accordance with sound Solid Waste and Recyclables
management practices in full compliance with all federal, state and
local laws regulating the Collection and Disposal of Solid Waste and
Recyclables including Hazardous Substances and Hazardous Waste;
and, (v) of any other information required by City to ensure the
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proposed assignee can fulfill the terms of this Agreement in a timely,
safe and effective manner.
Under no circumstances shall City be obliged to consider any proposed assignment by
City if Contractor is in default at any time during the period of consideration. Should City
consent to any assignment request, such assignment shall not take effect until all
conditions relating to City’s approval have been met. In the event of any permitted
assignment, the assignee shall fully assume all the liabilities of the Contractor. For
purposes of this Section, the term ”Assignment” shall refer to the proposed transferee(s)
or other successor(s) in interest pursuant to the assignment. Intra -family transfers of stock
are specifically excluded from the Assignment provision and shall not be subject to City
consideration and consent
12.6 Contracting or Subcontracting
Contractor shall not engage any contractors or subcontractors for the Collection, transfer,
processing, Recycling or Disposal of Solid Waste or Recyclables.
12.7 Binding on Assigns
The provisions of this Agreement shall inure to the benefit to and be binding on the
permitted assigns (if any) of the Parties.
12.8 Cooperation in Preparation for Termination or Expiration of Contract
Prior to, and 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 Solid Waste
Collection 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 Cit y 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 a new service provider with all keys, security codes and remote
controls used to access garages and Bin enclosures. Contractor shall be responsible for
coordinating transfer immediately after Contractor’s final pickups, so as not to disrupt
service. 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, and
provide an updated list two weeks before the transition and a final list of changes the day
before the transition. Contractor shall provide means of access to the new service
provider at least one full Working Day prior to the first day of Collection by another party,
and always within sufficient time so as not to impede in any way the new service provider
from easily servicing all Containers.
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12.9 Parties in Interest
Nothing in this Agreement, whether express or implied, is intended to confer any rights
on any Persons other than the Parties to it and their representatives, successors and permitted
assigns.
12.10 Waiver
The waiver by either party of any breach or violation of any provisions of this Agreement
shall not be deemed to be a waiver of any breach or violation of any other provision nor
of any subsequent breach of violation of the same or any other provision. The subsequent
acceptance by either Party of any moneys that become due hereunder shall not be
deemed to be a waiver of any pre-existing or concurrent breach or violation by the other
Party of any provision of this Agreement.
12.11 Contractor’s Investigation
Contractor has made an independent investigation (satisfactory to Contractor) of the
conditions and circumstances surrounding this Agreement and the work to be performed
by it.
12.12 Condemnation
City fully reserves the rights to acquire Contractor’s property utilized in the performance
of this Agreement, by purchase or through the exercise of the right of eminent domain.
This provision is additive, and not intended to alter the rights of the Parties set forth in
Article 10.
12.13 Notice
All notices, demands, requests, proposals, approvals, consents and other
communications which this Agreement requires, authorizes or contemplates shall be in
writing and shall either be personally delivered to a representative of the Parties at the
address below or be deposited in the United States mail, first class postage prepaid,
addressed as follows:
If to City: City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
If to Contractor: President
EDCO
6670 Federal Blvd.
Lemon Grove, CA 91945
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The address to which communications may be delivered may be changed from time to
time by a written notice given in accordance with this section.
Notice shall be deemed given on the day it is personally delivered or, if mailed, three days
from the date it is deposited in the mail.
12.14 City Free to Negotiate with Third Parties
City may investigate all options for the Collection, transporting, Recycling, processing and
Disposal of Solid Waste and Recyclables for periods during which this Agreement has
expired or been terminated. Without limiting the generality of the foregoing, C ity may
solicit proposals from Contractor and from third parties for the provision of Solid Waste
Collection Services which are the subject of this Agreement, including without limitation
Collection services, Disposal services, Recycling services, Organics services and
processing, and any combination of those services, and may negotiate and execute
agreements for such services which will take effect upon the expiration or earlier
termination of this Agreement pursuant to Section 11.1 or otherwise.
12.15 Privacy
Contractor shall strictly observe and protect the rights of privacy of Customers.
Information identifying individual Customers or the composition or contents of a
Customer’s waste stream shall not be revealed to any Person, governmental unit, private
agency, or company, unless upon the authority of a court of law, by statute, or upon valid
authorization of the Customer. This provision shall not be construed to preclud e
Contractor from preparing, participating in, or assisting in the preparation of waste
characterization studies or waste stream analyses that may be required by AB 939, AB
341, AB 1826, and SB 1383. This provision shall not apply to reports or records provided
to City pursuant to this Agreement.
12.16 Public Records; Exempt Information
Contractor is obligated to permit City inspection of its records on demand and to provide
copies to City where requested. All documents that are provided to the City will be subject
to disclosure if requested by a member of the public pursuant to the Public Records Act
(Government Code Section 6250 et seq.). There are a very limited number of narrow
exemptions to this disclosure requirement. If Contractor believes the copies it provides to
City are exempt from disclosure under the Public Records Act, Contractor must mark the
portions considered as such and state the specific provisions of the Public Records Act
that provides the exemption as well as the factual basis for claimi ng the exemption. City,
if it concurs with Contractor’s conclusion, will endeavor to maintain the confidentiality of
documents so marked but will not guarantee to do so. If the City chooses to withhold
records from disclosure at the Contractor’s request, and an action is brought against the
City to force disclosure, the Contractor shall pay all attorney fees and litigation costs
associated with defending that action, including without limitation, the City’s and the
prevailing plaintiff’s attorney fees and litigation costs.
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13 Miscellaneous Provisions
13.1 Entire Agreement
This Agreement contains the entire integrated agreement and understanding concerning
the subject matter in this Agreement and supersedes and replaces any prior negotiations,
promises, proposals (including Contractor’s Proposal), 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.
13.2 Section Headings
The article headings and section headings in this Agreement are for convenience of
reference only and are not intended to be used in the construction of this Agreement nor
to alter or affect any of its provisions.
13.3 References to Laws and Other Agreements
All references in this Agreement to laws shall be understood to include such laws as they
may be subsequently amended or recodified, unless otherwise specifically provided.
13.4 Interpretation
This Agreement, including the Exhibits attached hereto, shall be interpreted and
construed reasonably and neither for nor against either Party, regardless of the degree
to which either Party participated in its drafting. Where used in this Agreement, “shall” is
mandatory and “may” is permissive.
13.5 Agreement
This Agreement may not be modified or amended in any respect except by a writing
signed by the Parties.
13.6 Severability
If any non-material provision of this Agreement is for any reason deemed to be invalid
and unenforceable, the invalidity or unenforceability of such provision shall not affect any
of the remaining provisions of this Agreement, which shall be enforced as if such invalid
or unenforceable provision had not been contained in this Agreement.
13.7 Exhibits
Each of Exhibits identified as Exhibit “1” through “4” is attached hereto and incorporated
in this Agreement and made a part of this Agreement by this reference.
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13.8 Attorneys’ Fees
If either Party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in
such action or proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to recover its reasonable attorney ’s fees and costs.
Attorneys’ fees shall include attorney’s fees on any appeal, and in addition a Party entitled
to attorney’s fees shall be entitled to all other reasonable costs for investigating such
action, taking depositions and discovery and all other necessary costs the court allows
which are incurred in such litigation. All such fees shall b e deemed to have accrued on
start of such action and shall be enforceable whether or not such action is prosecuted to
judgment.
IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the
day and year first written above.
CITY OF RANCHO PALOS VERDES EDCO DISPOSAL CORPORATION
By:____________________ By: _____________________
Name: David Bradley Name: Sandra L. Burr
Title: Mayor Title: Chair
Approved as to form by:
By:____________________ By: _____________________
Name: William W. Wynder Name: John C. Snyder
Title: City Attorney Title: Vice President
ATTEST:
By: ____________________
Name: Teri Takaoka
Title: City Clerk
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01203.0014/760636.2
Exhibit 1 – Service Area #2
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01203.0014/760636.2
Exhibit 2 – Organics Program Implementation Plan
Contractor shall implement the Organics Collection Program according to the plan
outlined in this Exhibit.
April 2022
• Organics Recycling Plan approved by the City.
• Schedule a series of detailed meetings with Operations, Maintenance, Container
Support, Field Service Representatives, and Customer Service Representatives
to review general aspects of the transition, enhance awareness, and stimulate
discussions of issues within all areas of the Contractor.
• Schedule dates and location of optional Community Meetings, subject to
COVID constraints at the time.
• Meet with the City bi-weekly or as desired to review implementation and current
level of activities.
May 2022
• Electronic Draft of all public education materials presented to the City for review
• City of Rancho Palos Verdes Residential Organics Recycling Coming Soon
webpage activated on Contractor web site.
• Website’s Organics page updated to include Coming Soon Organics Recycling
link along with supplemental information.
• Launch online orders for kitchen caddies
• Conduct public workshops regarding the residential organics recycling
program, including presentations at service clubs and community events,
etc.
• Coming Soon Email Blast sent to Rancho Palos Verdes email subscribers from the
Contractor website with information and guidelines for single-family residential
customers.
• City approves all optional public education material.
• Meet with the City to review implementation and current level of activities.
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01203.0014/760636.2
June2022
• Initial four-panel color Organics Recycling Coming Soon public education piece
mailed to all residents identifying program parameters.
• Second Organics Recycling Roll-Out public education piece mailed to all
residents.
• Start kitchen caddie deliveries with public education hanging tags.
• Conduct ongoing public workshops regarding the residential organics recycling
program, including presentations at service clubs and community events, etc.
• Meet with the City to review implementation and current level of activities.
July 2022
• Start organics collection service. Adhere public ed hanging tag to organics cart.
• Additional Contractor Field Representatives will be available to personally
discuss new program implementation.
• Ongoing kitchen caddie deliveries with public education hanging tags.
• Conduct ongoing public workshops regarding the residential organics recycling
program, including presentations at service clubs and community events.
• Follow-up postcard mailed to all residential customers with program reminders
and cart placement.
• Meet with City to review any issue associated with this transition.
Ongoing
• Ongoing kitchen caddie deliveries with public education hanging tags.
• Conduct ongoing public workshops regarding the residential organics recycling
program, including presentations at service clubs and community events.
• Ongoing Environmental Times newsletter included in the billing mailed
out to residents along with supplemental organics information starting
with the new organics recycling guide.
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01203.0014/760636.2
• Meet with City to review any issue associated with the performance of this
Agreement.
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01203.0014/760636.2
Exhibit 3 – Initial Maximum Rates Effective April 1, 2022
35-gallon 64-gallon 96-gallon
$26.06 $33.54 $40.99
$7.98 $10.64 $13.31
No-charge No-charge No-charge
$2.67 NA $5.33
Backyard and Pup Service - Service Area 1 only
$8.20
$6.85
$10.94
Manual Backyard and Manure Service - Service Area 2 only
$75.49
$26.36
Additional Cart Collection Services
$6.65
$33.27
$19.97
$33.27
$19.97
Monthly Cart Service Rates
Backyard Service - per home per month; all cart sizes
Pup Service - per home per month; all cart sizes
Backyard and Pup Service - per home per month; all cart sizes
Manual Backyard Service for refuse, recycling, and organics - per home per month
Manure Service 32-gallon customer-provided can - per can, per month
Cart Exchange - one charge for exchange for all carts
Additional Special Overage Pickup - Automated Cart Customers (in excess of two pickups per
calendar year)
One each Refuse, Recycling, and Organics Cart; rate based on size of Refuse Cart
Additional Bulky Item Pickups (in excess of three no-charge pickups per dwelling unit per
calendar year)
Cart Re-delivery Fee (if carts are pulled for non-payment; one charge for delivery of all carts)
Re-start Fee - after voluntary suspension of service; if carts have not been pulled
Refuse Cart Size:
Standard Service
Additional Refuse Cart
Additional Recycling Cart
Additional Organics Cart
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01203.0014/760636.2
Exhibit 3 - Initial Maximum Rates Effective April 1, 2022 (continued)
Monthly Multi-family Refuse Bin Rates - Service Area 1
1 2 3 4 5 6
$103.46 $144.19 $184.90 $205.28 $266.38 $283.88 $73.78
144.23 184.94 225.70 266.42 327.48 340.38 86.08
288.42 369.91 451.34 532.84 654.97 680.74 172.19
164.66 205.31 266.42 327.52 399.02 424.09 98.40
329.31 410.63 532.86 655.04 795.31 848.23 199.45
$205.39 $275.51 $327.53 $388.65 $451.66 $472.19 $147.60
Monthly Multi-family Refuse Bin Rates - Service Area 2
1 2 3 4 5 6
$90.98 $126.83 $162.04 $180.19 $233.11 $268.63 $19.77
126.60 162.08 197.65 233.16 287.75 323.47 32.96
$144.43 $179.88 $233.21 $287.79 $347.71 $402.88 $46.14
$164.81 $32.96
Monthly Multi-family Rates for Organics Collection Service - Citywide
1 2 3
$83.71 $167.43 $251.14 $33.49
94.00 187.99 281.99 37.60
$158.05 $316.09 $474.14 $63.22
Each Additional Organics Bin/Cart:
$79.53 $159.06 $238.58
89.30 178.59 267.89
$150.14 $300.29 $450.43
Other Monthly Multi-famiy Bin Service Rates
Locking Bin Service $8.79 $11.32 $12.83 $14.32 $16.53 $18.03
Scout Service - Per Cart $11.48 $19.96 $28.35 $36.79 $45.23 $53.67
Scout Service - Per Bin $34.45 $59.89 $85.06 $110.38 $135.69 $161.00
$55.04 $98.14 $133.68 $166.52 $202.09 $239.02
Additional Service Charges for Multi-family Bin Service
$46.42
$33.12
$40.00
$112.58
$2,636.65
96-gallon
2-cubic yard
Pickups per Week Extra
Pickups
per Cart
64-gallon
96-gallon
2-cubic yard
Bin Cleaning per bin
Additional Bulky Item
Return Trip Fee
Emergency Service Rate per Hour
Portuguese Bend Beach Club - beach litter container collection per month (not to exceed)
No charge
Pickups per WeekBin Size
Pickups per Week Extra
Pickups
No charge
Monthly Multi-family Bin Rates
Bin Push-out Service
(35 ft. or further)
2-yard
3-yard
3- yard w/compactor
4-yard
4- yard w/compactor
6-yard
Recycling Bin/Cart
2-yard
3-yard
Bin Size
4-yard
Manure 3-yard
Recycling Bin/Cart
Bin Size
64-gallon
Extra
Pickups
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01203.0014/760636.2
Exhibit 4 – Faithful Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
That , a California corporation , as
PRINCIPAL, and , a Corporation organized and
doing business by virtue of the laws of the State of California, and duly licensed for the
purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings
required or authorized by the laws of the State of California, as SURETY, are held and
firmly bound to City, hereinafter called OBLIGEE, in the penal sum of ($
) lawful money of the United States, for the payment of which, well and truly to be
made, we and each of us hereby bind ourselves, and our and each of our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS, the above bounden PRINCIPAL has entered into a contract, entitled
“INTEGRATED SOLID WASTE MANAGEMENT SERVICES” with City, to do and perform
the following work, to wit: Collect, Process and Dispose of Solid Waste generated within
City, in accordance with the contract. NOW, THEREFORE, if the above bounden
PRINCIPAL shall well and truly perform, or cause to be performed each and all of the
requirements and obligations of said contract to be performed by said PRINCIPAL, as in
said contract set forth, then this BOND shall be null and void; otherwis e it will remain in
full force and effect. And the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to
the work to be performed thereunder or the specific ations accompanying the same shall
in any wise affect its obligations on this BOND, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the contract or to the
work or to the specifications.
IN WITNESS WHEREOF, said PRINCIPAL and said SURETY have caused these
presents to be duly signed and sealed this DAY OF , 2021.
a California Corporation SURETY
By: By:
(PRINCIPAL) (ATTORNEY IN FACT)
(SEAL) (SEAL)
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NOTICE IS HEREBY GIVEN that on Tuesday, March 15, 2022, at 7:00 p.m., a public hearing will be held at the City of Rancho Palos
Verdes City Council Chambers located at 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 to consider proposed adjustments
to the City’s residential solid waste rates. If approved by the City Council, the proposed rate adjustments will go into effect on April 1,
2022. The City of Rancho Palos Verdes (City) is subject to Proposition 218 and is required by law to charge its customers no more than
the cost of providing solid waste and related services. Proposition 218 also contains specific notice and protest procedures for approving
any increase in solid waste service rates. You are receiving this notice pursuant to the requirements of Proposition 218.
WHY RATE ADJUSTMENTS ARE NECESSARY
All cities in the State, including Rancho Palos Verdes, are
subject to the most stringent solid waste legislation in California
history. For City residents and businesses to remain in
compliance with State Law, new services are necessary, none
of which are funded by the State. Therefore, these services must
be funded through the solid waste rates. This State unfunded
mandate increases requirements for recyclables and organics
in order to divert them from disposal in landfills.
▪ State Senate Bill 1383 – mandates that California reduce
organic waste by 75%, and increase edible food recovery
by 20% by January 2025. As a result, green waste and food
waste will no longer be able to be disposed of in the landfill.
SB 1383 requires jurisdictions to allow food waste to be
collected in residential green waste carts, which is then
subjected to mandatory processing that significantly
increases the cost of handling that material. SB 1383 also
requires waste haulers to undertake new measures to
reduce contamination, educate waste generators, procure
recycled products with organics content, track and report
on recycling participation, and assist local jurisdictions with
enforcement of the State’s new recycling requirements.
The foregoing unfunded mandate will increase the cost of
collection and processing of the waste stream in Rancho Palos
Verdes. As a result, the City must increase the collection rates
charged by the City’s franchised waste hauler as shown below.
PROPOSED SOLID WASTE RATES
The proposed initial maximum rates (Rates) for solid waste
collection services will be considered by the City as part of a
restated and amended agreement between the City of Rancho
Palos Verdes and EDCO Disposal Corporation (EDCO) for Solid
Waste Collection Services (Agreement). This Agreement will
ensure that the City will be in compliance with the new State
mandates.
The Rates include charges for automated curbside collection
and bin collection for single-family and multi-family customers.
The Rates represent the maximum amount that EDCO may
charge ratepayers as full, entire, and complete compensation
due pursuant to the Agreement for all labor, equipment,
materials and supplies, taxes, insurance, bonds, letters of credit,
overhead, disposal, transfer, profit, and all other things
necessary to perform all the services required by the
Agreement.
Single family and multi-family dwellings with cart service are
charged a monthly base rate (billed quarterly), which includes a
refuse cart, a recycling cart, and an organics (green waste
combined with food waste) recycling cart. Customers may
choose to take additional carts for an additional charge. Multi-
family dwellings with bin service are charged a monthly rate
based on the number and size of bins, and the number of weekly
pickups.
The Agreement includes a clearly defined method for adjusting
the rates for inflation on an annual basis. The annual inflation
adjustment is based on the Consumer Price Index for All Urban
Consumers (CPI-U), U. S. city average, (seasonally adjusted)
for the Garbage and Trash Collection detailed expenditure
category (Series ID: CUUR0000SEHG02) published by the
Bureau of Labor Statistics. The Rates are proposed to be
automatically adjusted each year on July 1 over a period not to
exceed five (5) years based on the CPI for Garbage and Trash
Collection, and pursuant to Section 53756 of the Government
Code.
The City’s solid waste rates were last adjusted effective July 1,
2020. If the proposed Rates are approved, they will go into effect
on April 1, 2022, along with the new SB 1383-compliant
services. These rates will not be adjusted again until July 2023,
when they are scheduled for the annual inflation adjustment.
The table below compares the current rates for typical
residential cart and bin services with those proposed for April 1,
2022.
PROPOSED MONTHLY SOLID WASTE SERVICE RATES
Single-family Cart Rate* Multi-
family
Bin** 35-gallon 64-gallon 96-gallon
Current Rate $22.54 $29.01 $35.45 $140.03
Proposed Rate $26.06 $33.54 $40.99 $144.23
Increase Amount $3.52 $4.53 $5.54 $4.20
Percent Change 15.6% 15.6% 15.6% 3.0%
*State compliant 3-cart service including refuse, recycling, and
organics carts. Monthly rate based on size of refuse cart.
**Monthly rate for a single 3 cubic yard refuse bin serviced once
per week. Organics carts and bins are offered at an additional
charge. Recycling bins are offered at no additional charge.
The entire proposed rate schedule can be viewed on the City’s
website at https://www.rpvca.gov/310/Solid-Waste-Programs.
For more information regarding the State unfunded mandates
please visit CalRecycle’s website at:
https://www.calrecycle.ca.gov/
NOTICE OF PROPOSED SOLID WASTE RATE
ADJUSTMENTS AND PUBLIC HEARING
JANUARY 20, 2022
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PUBLIC HEARING AND PROTEST PROCEEDINGS
Property owners, as defined under Proposition 218, may protest the proposed rate adjustment in writing prior to or during the public
hearing. Consistent with the provisions of Proposition 218 and Government Code Section 53755, this notice has been mailed to all
record owners of the affected properties at the addresses as they appear on the latest equalized assessment roll. If you are a property
owner as defined under Proposition 218 and object to the proposed rates as described in this Notice, you may file a written protest with
the City at or before the time set for the public hearing. Original written protests can be mailed or personally delivered to the City Clerk,
but must be received by no later than the close of the public hearing on March 15, 2022. Written protests should be mailed to:
City Clerk
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
A valid written protest must include:
1. The name of the record owner or owners of the property; and
2. Identification of the property by either assessor’s parcel number or street address; and
3. A statement of protest (“I/we protest” will suffice); and
4. The original signature of the protesting owner or owners (photocopies, electronic mail, electronic copies, e-comments, or faxes
will not be accepted).
Each property owner will be counted as a single vote, regardless of the number of owners. Multiple protests returned for a single property
will be disallowed. The City Clerk will only count one protest per property, even if the parcel has multiple owners.
The City Clerk will determine the validity of all protests submitted and exclude any invalid protests from the final tabulati on. The City
Clerk may confer with the City Attorney in determining the validity of written protests. As part of this process, the City Attorney may view
contested or suspect protest forms. The City Clerk’s decision shall be final and binding.
If you have any questions regarding this Notice or the proposed rate adjustments, or would like more information, please email Lauren
Ramezani at: Laurenr@rpvca.gov
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
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