HomeMy WebLinkAboutAGENDA REPORT 2024 1204 CCSA REG ITEM 09ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of December 4, 2024
ACTION ADOPTED RESOLUTION NO.
2024-4283. (ROLL CALL VOTE:
UNANIMOUS)
BY A. Hurtado.
A. Consider Resolution Approving Assignment of the Current Solid Waste Franchise
Agreement with USA Waste of California, Inc. to G.I. Industries, a Utah
Corporation; Approving Amended and Restated Solid Waste Franchise Agreement
with G.I. Industries, a Utah Corporation; Adjusting Maximum Solid Waste Rates;
and Making a Determination of Exemption in Connection Therewith Pursuant to
the California Environmental Quality Act. Solid Waste Franchise Agreement Ad
Hoc Committee Recommendation: Adopt Resolution No. 2024-4283 approving
Assignment of the current Agreement with USA Waste of California, Inc. to G.I.
Industries, a Utah Corporation, and approving an Amended and Restated Solid
Waste Franchise Agreement with G.I. Industries, a Utah Corporation, and
adjusting the maximum solid waste rates, and rescinding Resolution No. 2020-
3793. (Staff: Roger Pichardo, Program Manager) (ROLL CALL VOTE
REQUIRED)
Item: 9.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Roger Pichardo, Program Manager
DATE: 12/04/2024 Regular Meeting
SUBJECT: Consider Resolution Approving Assignment of the Current Solid Waste
Franchise Agreement with USA Waste of California, Inc. to G.I. Industries,
a Utah Corporation; Approving Amended and Restated Solid Waste
Franchise Agreement with G.I. Industries, a Utah Corporation; Adjusting
Maximum Solid Waste Rates; and Making a Determination of Exemption
in Connection Therewith Pursuant to the California Environmental
Quality Act
SUMMARY/BACKGROUND
The Solid Waste Division is responsible for managing waste collection services, including
trash, recyclables, green waste, and organic materials for both residential and commercial
properties. A key part of its role is ensuring compliance with state regul ations to help meet
California’s ambitious environmental goals. In 2016 the state passed Senate Bill 1383
(SB 1383), a landmark legislation to significantly reduce greenhouse gas emissions by
targeting a 75% reduction in organic waste disposal and a 25% i ncrease in edible food
recovery by 2025. It represents the most significant waste reduction initiative in California in
the past three decades.
Historically, California’s solid waste policy has focused on preventing recyclable/reusable
materials from entering landfills. Previous efforts focused on highly recyclable materials
(such as glass, aluminum, paper, and plastic) and on yard waste. More recently, the state’s
focus has been on diverting organic and food waste from landfills. Landfills are the third-
largest source of methane emissions in California, contributing to 21% of the state’s
anthropogenic methane. To address this, SB 1383 calls for robust measures to minimize
organic waste and promote sustainable practices. While SB 1383 established these
ambitious goals, it did not specify the implementation strategies to accomplish them; this
responsibility was delegated to the California Department of Resources Recycling and
Recovery (CalRecycle), which did not issue detailed guidelines until 2020.
Item: 9.A.
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Before those guidelines were published, on June 6, 2018, the City Council approved a
12-year agreement with USA Waste of California, Inc. (dba Waste Management), to provide
residential and commercial solid waste collection and handling services within the City. At
the time the agreement was negotiated and executed, uncertainty persisted regarding the
implementation of SB 1383 as CalRecycle had not yet published final guidance. As a result,
in the 2018 agreement, Waste Management and the City each committed to making "diligent
good faith efforts" to implement the regulatory requirements upon publication. To date, both
parties to the agreement have fulfilled this commitment.
In November 2020, CalRecycle finalized prescriptive regulations for municipalities to meet
the state’s organic waste disposal objectives by January 1, 2025. Consistent with
CalRecycle’s SB 1383 guidance, all Moorpark residences can now place organic and food
waste in their yard waste containers for composting. Additionally, Moorpark businesses must
subscribe to an organic recycling collection service or apply for and obtain an exemption from
the City. The City and Waste Management must meet various repor ting requirements to
CalRecycle to confirm these programs and participation rates. For example, Waste
Management and the City have disseminated information to all residents and businesses
that generate organic waste and food waste to maximize participation and diversion.
However, Waste Management never received a rate adjustment to defray the costs incurred
in their efforts to comply with SB 1383, and the official SB 1383 responsibilities of the City
and Waste Management have never formally been incorporated into the agreement .
On January 3, 2024, the City Council established the Solid Waste Franchise Agreement Ad
Hoc Committee (Committee) to explore potential amendments to the agreement with USA
Waste of California, Inc. (dba Waste Management and hereafter referred to as “Waste
Management”) to incorporate the state’s new SB 1383 organic waste collection mandates.
The Committee met four times to review the current agreement, negotiate SB 1383
implementation measures, recommend additional amendments to the franchise agreement
to expand certain solid waste services, and recommend adjustments to the ceiling on the
maximum rates that Waste Management may charge its customers for services it provides
under the Agreement.
During the drafting of the amended and restated agreement, USA Waste of California, Inc.,
in accordance with the requirements of the current agreement, requested the City to consent
to the assignment of the current agreement to G.I. Industries, a Utah corporation (G.I.
Industries). Pursuant to a letter from Waste Management dated November 12, 2024, USA
Waste of California, Inc. officially made that request to the City and Waste Management has
provided documentation to the City that G.I. Industries is an Af filiate of USA Waste of
California, Inc., as that term is defined in the current agreement. Both USA Waste of
California, Inc. and G.I Industries do business as Waste Management and both are
subsidiaries of Waste Management, Inc. In addition, prior to the 2018 Solid Waste Franchise
Agreement, G.I. Industries provided solid waste services to the City for a segment of the
City’s customers. City staff also understands that G.I. Industries provides solid waste
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collection services for the City of Simi Valley. Accordingly, the assignment will not have a
practical effect on the City or customers, as G.I. Industries will continue to use the same
employees, drivers, routes and equipment as are currently used.
At this time, the Committee is recommending that the City Council adopt an Amended and
Restated Solid Waste Franchise Agreement (Attachment 2).
DISCUSSION
The Committee and City staff engaged in discussions with Waste Management to identify
necessary amendments for SB 1383 compliance. During the review process, the Committee
identified additional solid waste services that it recommends be incorporated into the
franchise agreement. Waste Management reviewed the feasibility of providing these
services, and the Committee and Waste Mana gement negotiated costs for providing these
services. The negotiations culminated in an Amended and Restated Solid Waste Franchise
Agreement with Waste Management, which the Committee recommends that the City
Council approve.
The proposed Amended and Restated Solid Waste Franchise Agreement addresses three
key high-level topics as follows:
• Agreement provisions to implement SB 1383 regulatory requirements and to achieve
regulatory compliance by promoting organic waste recycling, diverting organic waste
from landfill, procurement of mulch and other products made from recovered organic
waste, and ongoing monitoring to ensure compliance with regulatory mandates.
• Expanding solid waste services by including additional provisions that enhance the
range and quality of waste management service and program options available to the
community.
• Adjusting the ceiling on the maximum rates that Waste Management may charge its
customers and extending the term of the agreement. The ceiling on the maximum
rates for services will be adjusted to provide additional services and programs.
Additionally, the term of the agreement will be extended for an additional six years,
lasting through 2036. Lastly, as a result of these changes, the City will receive a one-
time payment of $250,000 to cover the costs associated with negotiation and
administering the agreement.
These actions, along with the proposed amendments and new provisions to the agreement,
will help ensure compliance with state mandates, enhance service offerings, and provide a
framework for financial sustainability for the solid waste enterprise fund.
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Proposed Agreement Provisions
For reference, the following table outlines the topics, existing agreement provisions, and
Waste Management’s proposed provisions.
Topic Existing Agreement
Provisions
Proposed Agreement Provisions
Term 2018-2030 2025-2036 (six-year extension)
General Fund One-Time
Fiscal Contribution
(Agreement Page 74)
None. One-time reimbursement of $250,000 to
the City for costs of negotiating and
administering the franchise agreement.
Most Favored City Clause
(Agreement Page 73)
Exists; tied to Simi Valley base
rate, but which backs out all
unique fees and program costs
in the Moorpark agreement that
do not exist in the Simi Valley
agreement.
Waste Management to retain language
tied to Simi Valley base rate, less unique
fees, and program costs.
Ceiling on Maximum Rates
for Basic Services
Exhibit 1
$30.02/month for Basic Residential
Service. ($36.00/month prior to
2024)
A full list of existing maximum
rates is attached.
$33.58/month for Basic Residential
Service.
A full list of proposed maximum rates is
provided as attached.
Ceiling on Maximum Rates
for Additional Residential
Carts
Exhibit 1
Current Maximum Rates:
Additional Trash: $6.36
Additional Recycling: $3.38
Additional Organic: $4.94
Increase maximum rates to align with
true cost of disposal/processing of
material in additional carts. Proposed to
increase following 90-day notice
allowing residents to decrease services
if applicable. The increase aligns with
post SB 1383 industry best practices
including the rates in Thousand Oaks
and Simi Valley.
Proposed Maximum Rates:
Additional Trash: $13.46
Additional Recycling: $7.76
Additional Organic: $9.83
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Topic Existing Agreement
Provisions
Proposed Agreement Provisions
Ceiling on Bundled
Commercial Maximum
Rates (Exhibit 1)
None.
Commercial Recycling and
Organic services currently
available for an additional
charge.
To simplify compliance with SB 1383 for
Moorpark businesses and to ensure
compliance for the City overall, there will
be a bundled maximum rate for
Trash/Recycling/Organic commercial
services. The Commercial Trash
maximum rates will include a 96-gallon
cart for Recycling and a 64-gallon cart for
Organics. In general, this will have the
effect of decreasing maximum rates for
small-volume customers with little to no
change for large-volume customers
requiring a higher level of service. The
bundled offering is consistent with post
SB 1383 industry best practices.
Increased Franchise Fee
(Agreement Page 15)
Residential Franchise Fee 6%
Commercial Franchise Fee 8%
Residential Customers
Accounts: ~9,850
Commercial Customers
Accounts: ~450
Franchise revenue is based on
waste management total gross
receipts.
Residential Franchise Fee 12% of
waste management’s total gross
receipts for residential premises.
Commercial Franchise Fee 8% of total
gross receipts for commercial premises.
An estimated additional ~$262,000 in
General Fund revenue will be generated
from residential franchise fees in the first
year, leading to an annual total of
~$524,000. This amount is anticipated
to adjust over time as maximum rates,
adjusted annually according to the
approved Consumer Price Index (CPI)
escalator provision in the agreement,
and as the number of customer accounts
increases with future development.
Overage & Contamination
Fees (Agreement Page 20)
Exhibit 1
Overage Fee: $11.18
Contamination Fee: $11.70
Required to comply with SB 1383;
matches lowest rates in area (Simi
Valley).
Proposed:
Residential Overage Fee: $20.00
Commercial Overage Fee: $70.00
Residential Contamination Fee: $40.00
Commercial Contamination Fee $85.00
SB 1383 Implementation –
new (Agreement Page 20, 80)
None. Waste Management agreed to perform
all hauler appropriate SB 1383 tasks.
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Topic Existing Agreement
Provisions
Proposed Agreement Provisions
SB 1383 Procurement
Assistance – new
(Agreement Page 44)
None. Each year, Waste Management will
purchase mulch on behalf of the City.
This is done to ensure the City meets or
exceeds the regulatory requirements set
forth by SB 1383 for Recovered Organic
Waste Product Procurement Target:
Mulch 1,871 tons.
The total value of this program is
$30,000 per year. Amount will be
adjusted annually, starting January 1,
2026, according to the approved CPI
escalator provision in the Agreement.
Household Battery
Collection – new
(Agreement Page 40)
None.
Currently, the City has five
battery drop-off locations, which
are serviced by City staff, and
the cost of recycling the batteries
is funded by the Solid Waste
Enterprise Fund.
Waste Management to launch a Recycle
by Mail Back Battery Program, including
outreach and education, which provides
the City with prepaid postage containers
for its battery pickup locations.
This will eliminate the need for City staff
to manage and service these multiple
recycling locations.
By implementing this program, the City
also anticipates saving up to $15,000
annually. The savings are roughly
equivalent to maintaining and paying
disposal costs for 104 five-gallon battery
recycling buckets at four designated
locations, which would typically require
pickups every two weeks. Overall, this
approach simplifies battery recycling and
reduces operational costs for the City.
The amount will be adjusted annually,
starting January 1, 2026, according to
the approved CPI escalator provision in
the Agreement.
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Topic Existing Agreement
Provisions
Proposed Agreement Provisions
Household Sharps
Collection – new
(Agreement Page 40)
None. Single Family Customers will have
access to a Sharps by Mail Back
Program which provides prepaid
postage containers (1.4 quarts in size)
for safe disposal, including outreach and
education component, with an
estimated value of up to $10,000
annually. Limit one per household
available on first come, first served
basis. The amount will be adjusted
annually, starting January 1, 2026,
according to the approved CPI escalator
provision in the Agreement.
Pickup of Dumped Bulky
Items in Right of Way
(Abandoned Items Collection)
– new
(Agreement Page 40)
None.
However, in practice, Waste
Management currently collects
at the direction of City staff.
Formalized process to be memorialized
in the Agreement. At no cost to City,
Contractor shall Collect or cleanup
abandoned items and non-hazardous
spilled waste on City public rights-of-
way.
Increase Bulky Item
Pickups for Single-Family
Customers
(Agreement Page 40)
Two pickups per year per
home, up to three items per
pickup.
Combined six total items per
year.
Three pickups per year per home, up to
four items per pickup.
Combined 12 total items per year.
Additional pickups will incur a charge
based on the maximum rate schedule.
Bulky Item Pickups for
Multi Family Unit
Customers – new
(Agreement Page 40-41)
None.
Bulky item pickups are charged
to property managers/owners.
Three free pickups per property are
allowed per year, with up to four items
per pickup; charges will apply for
additional pickups. Combined 12 total
items spanning per year to be scheduled
by Property Manager or Owner.
Neighborhood
Enhancement Program for
Non-Homeowners’
Association (HOA)
Communities – new
(Agreement Page 40-41)
None.
Waste Management will provide up to
ten roll-offs per year (five events, with
two roll-offs per event). Waste
Management will provide one staff
member for each event to ensure proper
disposal, for a maximum of four hours
each.
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Topic Existing Agreement
Provisions
Proposed Agreement Provisions
Neighborhood
Enhancement Program for
HOA Communities
Exhibit 1
The City currently operates a
Neighborhood Enhancement
Program, whereby the City
provides roll-off containers to a
neighborhood for a specified
Saturday. While the events are
free to the neighborhoods, the
City pays for the cost of the roll-
off containers.
For additional (HOA) communities, the
current practice will be maintained, with
the City covering disposal costs (HOAs
provide the staff). This service is offered
on first-come, first-serve basis and
subject to available budget.
Household Hazardous
Waste Reimbursement
(Agreement Page 75)
Fixed annual amount of $35,000
for duration of Agreement.
Amount will be adjusted annually
according to the approved CPI escalator
provision in the Agreement.
Free Community
Compost/Mulch Giveaways
– new
(Agreement Page 44)
None.
However, Waste Management
currently offers such events at
the Simi Valley Landfill and
Recycling Center, though they
are not required in the
Agreement.
Memorialize existing practice in
Agreement which is for Waste
Management to offer up to thirty (30)
cubic yards total of such Mulch to
residents of the City over two giveaways
annually at no cost to participants.
Freeway Litter Control
Program
(Agreement Page 42)
Waste Management required to
participate.
Waste Management will work with City
staff to increase accountability through
expanded reporting requirements for the
Litter Control Program along the 118 and
23 Freeways.
Street Sweeping
Before/After Events – new
(Agreement Page 42-43)
None. Waste Management will provide this
service upon request of City staff (such
as Haunted High Street, Apricot Festival,
Holiday on High Street, 3rd of July, and
Country Days).
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Topic Existing Agreement
Provisions
Proposed Agreement Provisions
Street Sweeping Cost –
new - Exhibit 3
Under the current Agreement,
Waste Management provides
street sweeping at specified
service levels, but the costs of
providing these services have
increased greatly in recent years
due to changes in law.
Incorporates a one-time residential rate
adjustment for extraordinary street
sweeping cost increases from third-party
street sweeping vendor that took effect
January 2024.
If future street sweeping costs increase
significantly faster than CPI adjustments,
then the City Manager may approve an
annual increase of the street sweeping
component to annual rate increases to
effectuate an increase of up to 4% (total,
net of the CPI adjustment) of the street
sweeping component to be passed
through to the next year’s rates. If street
sweeping costs increase more than that
and Waste Management seeks a
corresponding larger rate increase, then
Waste Management may request an
extraordinary rate adjustment from the
City Council.
Residential / Commercial Rates and Term
Basic residential bundled service includes a 64-gallon trash cart, a 64-gallon recycling cart,
and a 96-gallon organic waste cart, each serviced once per week. While residential
customers can opt for smaller or larger carts of any type, or request additional carts of any
type for added costs, the vast majority, approximately 60%, subscribe to basic residential
service. The 2024 maximum rate for Basic Residential Service is $30.02 per month. Based
on the rate escalation formulas in the current agreement, that rate would increase by an
additional $1.25 per month in 2025. However, the proposed agreement would increase the
maximum rate to $33.58 per month in 2025 due to the expanded solid waste services
requested by the Committee. It should be noted that this rate is lower than the 2023 rates
charged for basic residential service in Moorpark as a result of the City’s Most Favored City
clause, explained below, only applicable to residential rates.
To place the residential rate options in context, staff conducted a survey of the base single-
family residential monthly rates between the proposed agreement and the 2024 rates of
neighboring cities, shown below. Generally, these other jurisdictions’ rates would be
expected to increase slightly in 2025.
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City/County Hauler Gallons
Monthly
Rate Basic
Service
Expiration Date
of Franchise
Agreement
Thousand Oaks Athens 64-Gallons $26.34 1/2036
Thousand Oaks Athens 64-Gallon $27.21* 1/2036
Simi Valley Waste Management 64-Gallons 28.29 12/2033
Moorpark (2022) Waste Management 64-Gallons $36.35 12/2030
Moorpark (2023-24) Waste Management 64-Gallons $30.02 12/2030
Moorpark
(Proposed 2025)
Waste Management 64-Gallons $33.58 12/2036
Ventura EJ Harrison & Sons 64-Gallons $35.80 8/2026
Camarillo EJ Harrison & Sons 96-Gallons $37.39 8/2029
*Effective 1/1/2025
The above rates are those collected by the waste haulers, paid by customers, and include
franchise fees. A complete list of all proposed residential maximum rates including those for
alternate sizes and additional carts, is provided as part of Attachment No. 2.
There are approximately 450 commercial accounts subscribed to al a carte commercial solid
waste service. Approximately 30% of the commercial establishments subscribe to 3 cubic
yard (cy) trash bin, 1.5 cubic yard recycle bin, and 96-gallon organic waste cart. The 2024
commercial solid waste service maximum rates are depicted in the table below.
2024 Commercial Solid Waste Service Rates
3 CY Trash
Service
1x per week
1.5 CY Recycle Bin
Service
1x per week
96-Gallon Organic Waste Cart
Service
1x per week
$191.86 $83.63 $75.88
While there are additional solid waste service levels and frequency of pickup options
available, Waste Management’s proposed bundled commercial service approach is an
efficient practice that waste haulers and municipalities are transitioning to as it can be seen
as a SB 1383 best practice. It ensures commercial establishments subscribing to solid waste
service receive 1-3 cy bin, 96-gallon recycle cart, and 64-gallon organic/green waste cart.
This type of offering would automatically place the business establishment in compliance
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with SB 1383 without the need to apply for organic/green waste recycling waiver. The
proposed commercial bundled service maximum rate for solid waste collection service 1x per
week is depicted below. A complete list of all the proposed commercial bundled service
maximum rates is provided as part of Attachment No. 2.
Proposed/Amended Commercial Solid Waste Service Rates
3 CY Trash Bin
Service
1x per week
96-Gallon
Recycle Cart
Service
1x per week
64-Gallon
Green Waste Bin
Service
1x per week
$203.76 No charge No charge
Overall, the benefits of the proposed commercial premises bundled maximum rates, include
compliance ease, efficiency, and lower costs for certain customers, while ensuring
compliance with the SB 1383 regulatory requirements.
For SB 1383 organic waste reduction frequently asked questions, please Attachment No. 4.
Other Policy Considerations: Street Sweeping
The City’s current franchise agreement with Waste Management requires Waste
Management to provide street sweeping services throughout the City as part of its
responsibilities. However, the costs of providing street sweeping services have risen
exponentially in recent years due to industry consolidation. The current franchise agreement
contains a rate escalation formula (based on CPI and landfill fee increases) that was intended
to address increasing street sweeping costs over time, but the formula was insufficient to
keep up with actual street sweeping costs. To close that gap, a one-time increase for
standard residential service of $0.83 per month is proposed and is incorporated into the
proposed maximum rates shown in Attachment No. 2.
Other Policy Considerations: Franchise Fees
The proposed agreement includes an adjustment to the City’s Residential franchise fee from
6% to 12% of the waste hauler’s gross receipts, resulting in approximately $262,000 in
additional revenue to the City’s General Fund. For comparison purposes, the table below
compares the residential franchise fees for nearby jurisdictions.
City Residential Franchise Fee
Camarillo 6% of hauler gross receipts
Moorpark (Current) 6% of hauler gross receipts
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City Residential Franchise Fee
Ventura 7% of hauler gross receipts
Thousand Oaks 9% of hauler gross receipts
Simi Valley 10% of hauler gross receipts
Moorpark (Proposed) 12% of hauler gross receipts
There are various factors that influence franchise fees, such as service costs, levels of
service, local regulations, competition, budget needs, and negotiated terms, which make it
difficult to directly compare the fees between different cities. Each City’ situation is unique,
so the fees cannot be evaluated in isolation with considering the specific content of each
City. Additionally, the neighboring cities of Ventura and Camarillo are currently working on
amendments to their franchise agreements to ensure compliance with the SB 1383
regulations, which is expected to lead to adjustment in their franchise fees, among other
things.
Other Policy Considerations: Most Favored City Clause
The City’s current franchise agreement contained a “Most Favored City” clause designed to
ensure that Waste Management could not charge residential customers in Moorpark higher
rates than residential customers in adjacent communities (Simi Valley and Thousand Oaks),
net of the costs of any special services provided to only Moorpark. If one of the other
communities had a lower effective rate, then Moorpark’s rates would be reduced to match
that rate. However, in 2021, the City of Thousand Oaks awarded a franchise agreement to
Athens Services, thereby removing Thousand Oaks as a comparison rate for the purpose of
Moorpark’s Most Favored City Clause. The comparison to the Simi Valley rate remains in
effect.
The Most Favored City clause was triggered in 2022 , when the City of Simi Valley renewed
its solid waste franchise agreement with Waste Management, extending the agreement by
ten years and reducing the base residential monthly service rate, from $34.82/month to
$28.29/month. The rate reduction led to a corresponding decrease for the base residential
service maximum rate in Moorpark, from $36.35/month to $30.02/month, effective January 1,
2024. Actual maximum rates (net of fees) in Moorpark are slightly higher than in Simi Valley
due to the difference in AB 939 fees. The City uses the revenue from these AB 939 fees to
offer additional solid waste services to its residents, such as the City’s free paper
shredding/E-Waste drop-off events that occur three times each year. The proposed
Amended and Restated Agreement still contains the Most Favored City clause for base
residential service, with Simi Valley rates being used as a comparison rate.
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Should the City Council consider the Committee’s recommendation to approve the proposed
Amended and Restated Solid Waste Franchise Agreement with USA Waste of California,
Inc., the City will be able to meet important state requirements, such as SB 1383, while
providing additional programs, improving the services the community relies on, and
maintaining the financial health of the City’s Solid Waste Enterprise Fund.
ENVIRONMENTAL DETERMINATION
City staff has evaluated entering into of the proposed New Agreement, including the rate
adjustments provided for therein, for purposes of compliance with the California
Environmental Quality Act (Public Resources Code Section 21000 et. seq.) (CEQA) and the
California CEQA Guidelines has determined that approval of the New Agreement is intended
to implement State mandated requirements of SB 1383. Pursuant to CEQA Guidelines
Section 15308, Class 8, “Actions by Regulatory Agencies for Protection of the Envir onment,”
this action is exempt from further review under CEQA. The development and implementation
of the amended services is a requirement of the California Department of Resources
Recycling and Recovery (CalRecycle) and is exempt from CEQA because it is an action
pursuant to a regulatory requirement to assure the protection of the environment, and
involves procedures for protection of the environment. Furthermore, the amended services
apply to the City’s existing volume of generated solid waste, where th ere is no expansion of
use, and is therefore exempt from CEQA analysis based on State CEQA Guidelines
requirements under Section 21084 of the Public Resources Code, in accordance with
Article 19 Section 15301, Class (1) "existing facilities".
GOVERNMENT CODE SECTION 84308 COMPLIANCE
Based upon Staff review of available information, there have been no campaign contributions
received by Councilmembers from parties or participants in the proceedings for approval of
this Amended and Restated Franchise Agreement that would require disclosu re and recusal
from decisions involving this Agreement under the Levine Act (Government Code § 84308).
FISCAL IMPACT
Upon execution of the proposed agreement, the City will receive a one-time reimbursement
of $250,000 from Waste Management for costs associated with negotiating and
administering the amended agreement. Additionally, as a result of adjusted maximum rates,
the City will yield higher franchise and AB 939 revenue throughout the term of the agreement.
However, the year-over-year amount will vary depending on factors such as inflation and
future adjustments to rates.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
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SOLID WASTE FRANCHISE AGREEMENT AD HOC COMMITTEE RECOMMENDATION
(ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2024-____ approving Assignment of the current Agreement with USA
Waste of California, Inc. to G.I. Industries, a Utah Corporation, and approving an Amended
and Restated Solid Waste Franchise Agreement with G.I. Industries, a Utah Corporation,
and adjusting the maximum solid waste rates, and rescinding Resolution No. 2020-3793
Attachment 1: November 12, 2024, Letter from Waste Management
Attachment 2: Draft Resolution No. 2024-___
Attachment 3: Proposed Amended and Restated Solid Waste Franchise Agreement
Attachment 4: SB 1383 Organic Waste Reduction Frequently Asked Questions
16
ATTACHMENT 1
17
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING AN ASSIGNMENT OF
THE FRANCHISE AGREEMENT BETWEEN THE CITY OF
MOORPARK AND USA WASTE OF CALIFORNIA, INC., A
DELAWARE CORPORATION FOR PROVIDING RESIDENTIAL
AND COMMERCIAL SOLID WASTE SERVICES TO G.I.
INDUSTRIES, A UTAH CORPORATION; APPROVING AN
AMENDED AND RESTATED FRANCHISE AGREEMENT FOR
PROVIDING RESIDENTIAL AND COMMERCIAL SOLID WASTE
SERVICES BETWEEN THE CITY OF MOORPARK AND G.I.
INDUSTRIES, A UTAH CORPORATION; UPDATING THE SOLID
WASTE COLLECTION SERVICE FEE SCHEDULE OF RATE
CEILINGS; RESCINDING RESOLUTION NO. 2020-3973; AND
MAKING A DETERMINATION OF EXEMPTION IN CONNECTION
TEREWITH PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, the Legislature of the State of California, by enactment of the
California Integrated Waste Management Act of 1989 (Public Resources Code Sections
40000 et seq.) (the “Act”) has declared that it is in the public interest to require local
agencies to make adequate provision for solid waste handling within their jurisdictions to
meet the goals and objectives of the Act; and
WHEREAS, the City provides residential and commercial solid waste and recycling
collection services; and
WHEREAS, in accordance with the Act, the City is required to implement its
Source Reduction and Recycling Element in order to maintain the diversion of 50% of
solid waste collected in the City from landfill disposal; and
WHEREAS, in accordance with California Public Resources Code Sections
40059(a)(2) and 49300 and Section 8.36.030 of the Moorpark Municipal Code, the City
Council determines that protecting the public health, safety, and well-being, controlling
the spread of vectors, and limiting sources of air pollution, noise and traffic within the City
requires the City to award an exclusive franchise to a qualified solid waste enterprise for
the collection, transportation, recycling, processing, and disposal of solid waste, and for
other related services to meet the goals and objectives of the Act; and
WHEREAS, in 2018, the City Council granted an exclusive franchise agreement
to USA Waste of California, Inc., a Delaware Corporation (USA Waste”), entitled,
“Franchise Agreement between the City Moorpark, a California Municipal Corporation and
USA Waste of California, Inc., a Delaware Corporation for Providing Residential and
Commercial Solid Waste Services”, effective as of June 20, 2018, for the collection,
transportation, recycling, processing, and disposal of solid waste, and for other related
services, which exclusive franchise agreement was amended by Amendment No. 1,
entered into as of November 5, 2019 (as amended, the “Current Agreement”); and
ATTACHMENT 2
18
Resolution No. 2024-____
Page 2
WHEREAS, in accordance with the requirements of the Current Agreement, USA
Waste has requested the City to consent to the assignment of the Current Agreement
from USA Waste to G.I., Industries, a Utah Corporation; and
WHEREAS, USA Waste has provided documentation to the City that G.I.
Industries is an Affiliate of USA Waste, as that term is defined in the Current Agreement;
and
WHEREAS, the City Council desires to approve such assignment; and
WHEREAS, the City and G.I. Industries (the “Contractor” have negotiated a new
Amended and Restated Franchise Agreement for Providing Residential and Commercial
Solid Waste Services, a copy of which is attached to the staff report for this item and on
file in the office of the City Clerk (the “New Agreement”), which will supersede and replace
the Current Agreement on January 1, 2025; and
WHEREAS, the City Council recognizes that the awarding of the New Agreement
will facilitate the efficient and environmentally responsible management of discarded
materials within the City, thereby ensuring the City’s compliance with applicable law,
including the Act and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383) and the
SB 1383 Regulations, and contributing to the overall sustainability goals of the
community; and
WHEREAS, SB 1383 and the SB 1383 Regulations require jurisdictions to provide
organic waste collection services to all solid waste generators and in connection therewith
meet processing facility requirements, conduct contamination monitoring, provide
education, maintain records, submit reports, monitor compliance, conduct enforcement,
and fulfill other requirements, and the City has chosen to delegate certain of these
responsibilities to the Contractor, acting as the City‘s designee, pursuant to the New
Agreement; and
WHEREAS, the Contractor represents and warrants to the City that it has the
experience, responsibility, and qualifications to conduct the services detailed in the New
Agreement; and
WHEREAS, as required by the public health, safety, and well-being, the City
Council desires to approve the New Agreement; and
WHEREAS, pursuant to Section 8.36.350 (B) and (C) of the Moorpark Municipal
Code, the City Council has the authority to establish, by resolution, a schedule setting
forth rate ceilings on the solid waste service rates a franchisee may charge for solid waste
collection from any commercial or residential premises in the City (i.e., maximum rates);
and
19
Resolution No. 2024-____
Page 3
WHEREAS, implementation of the services under the New Agreement will result in
additional costs being incurred by the Contractor, and in order to compensate the
Contractor for its cost of providing services pursuant to the New Agreement, the
Contractor has requested the City Council to approve an increase to the ceiling on the
maximum rates that the Contractor may charge its customers for the services it provides
pursuant to the New Agreement, with the initial increased maximum rates, effective
January 1, 2025, set forth in Exhibit 1 to the New Agreement and Exhibit A, attached
hereto and incorporated herein, which maximum rates may be adjusted in accordance
with the requirements set forth in the New Agreement; and
WHEREAS, the rates to be charged by the Contractor to its customers are set by
the Contractor as a private contractor in the marketplace, and the City’s role with respect
to rate setting is to establish rate ceilings for the protection of the customers; and
WHEREAS, City staff has evaluated the entering into of the proposed New
Agreement, including the rate adjustments provided for therein, for purposes of
compliance with the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.) (CEQA) and the California CEQA Guidelines and has determined
that approval of the New Agreement is intended to implement State mandated
requirements of SB 1383. Pursuant to CEQA Guidelines Section 15308, Class 8, “Actions
by Regulatory Agencies for Protection of the Environment,” this action is exempt from
further review under CEQA. The development and implementation of the amended
services is a requirement of the California Department of Resources Recycling and
Recovery (CalRecycle), and is exempt from CEQA because it is an action pursuant to a
regulatory requirement to assure the protection of the environment, and involves
procedures for protection of the environment. Furthermore, the amended services apply
to the City’s existing volume of generated solid waste, where there is no expansion of
use, and is therefore exempt from the CEQA analysis based on State CEQA Guidelines
requirements under Section 21084 of the Public Resources Code, in accordance with
Article 19, Section 15301, Class (1) "existing facilities".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein as if
set forth in full.
SECTION 2. The City Council concurs with the staff’s CEQA determinations set
forth in the above recitals.
SECTION 3. The City Council hereby approves the assignment of the Current
Agreement, entitled, “Franchise Agreement between the City Moorpark, a California
Municipal Corporation and USA Waste of California, Inc., a Delaware Corporation for
Providing Residential and Commercial Solid Waste Services” to G.I. Industries, effective
upon the adoption of this Resolution.
20
Resolution No. 2024-____
Page 4
SECTION 4. The City Council hereby approves the New Agreement entitled,
“Amended and Restated Franchise Agreement for Providing Residential and Commercial
Solid Waste Services” by and between the City and G.I. Industries, a Utah Corporation,
in substantially the form attached to the staff report for this item and on file in the office of
the City Clerk, with such changes as deemed necessary or appropriate by the City
Manager or City Attorney.
SECTION 5. Effective January 1, 2025, the initial ceilings to the maximum solid
waste service rates that may be charged by a franchisee are shown in Exhibit A, attached
hereto and incorporated herein, with such initial ceilings to the maximum rates subject to
adjustment in accordance with the requirements set forth in the New Agreement.
SECTION 6. Resolution No. 2020-3973 is hereby rescinded in its entirety upon the
effective date of this Resolution.
SECTION 7. The City Council hereby authorizes the City Manager to do all things
necessary and proper to implement this resolution.
SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of December, 2024.
________________________________
Chris R. Enegren, Mayor
ATTEST:
______________________________________
Ky Spangler, City Clerk
Attachment: Exhibit A
21
Resolution No. 2024-____
Page 5
EXHIBIT A
RATE SCHEDULE
City of Moorpark - Effective January 1, 2025
Rates are per month and invoiced by Contractor unless otherwise noted.
Service Rates
Residential Cart Services: In addition to the listed Refuse Cart size
serviced once per week, service includes one (1) 96-gallon Cart for
Organic Materials serviced once per week and one (1) 64-gallon Cart for
Recyclable Materials serviced once per week.
32-Gallon Cart Service $ 30.87
64-Gallon Cart Service $ 33.58
96-Gallon Cart Service $ 36.76
32-Gallon Cart Service Senior Rate $ 27.96
64-Gallon Cart Service Senior Rate $ 30.53
96-Gallon Cart Service Senior Rate $ 33.12
Additional Refuse Cart (Resi), Per Cart $ 13.46
Additional Recyclable Materials Cart (Resi), Per Cart $ 7.76
Additional Organic Waste Cart (Resi), Per Cart $ 9.83
Commercial & Multifamily Services: In addition to the listed Refuse
container size and service frequency, service includes one (1) 64-gallon
Cart for Organic Materials serviced once per week and one (1) 96-gallon
Cart for Recyclable Materials serviced once per week.
96-Gallon x1 Per Week $ 81.56
96-Gallon x2 Per Week $ 133.54
96-Gallon x3 Per Week $ 177.42
96-Gallon x4 Per Week $ 238.76
96-Gallon x5 Per Week $ 297.20
96-Gallon x6 Per Week $ 352.85
Non-Contracted 96-Gallon Extra Pickup $ 40.78
1.5-Cubic Yards x1 Per Week $ 182.67
1.5-Cubic Yards x2 Per Week $ 309.08
1.5-Cubic Yards x3 Per Week $ 435.46
1.5-Cubic Yards x4 Per Week $ 561.76
Non-Contracted 1.5-Cubic Yards Extra Pickup $ 77.38
Compacted 1.5-Cubic Yards Pickup $ 365.37
3-Cubic Yards x1 Per Week $ 203.76
3-Cubic Yards x2 Per Week $ 351.18
3-Cubic Yards x3 Per Week $ 500.47
3-Cubic Yards x4 Per Week $ 646.01
3-Cubic Yards x5 Per Week $ 793.45
3-Cubic Yards x6 Per Week $ 940.86
Non-Contracted 3-Cubic Yards Extra Pickup $ 87.92 22
Resolution No. 2024-____
Page 6
Service Rates
Compacted 3-Cubic Yards Pickup $ 407.48
4-Cubic Yards x1 Per Week $ 224.79
4-Cubic Yards x2 Per Week $ 393.18
4-Cubic Yards x3 Per Week $ 561.79
4-Cubic Yards x4 Per Week $ 730.26
4-Cubic Yards x5 Per Week $ 898.76
4-Cubic Yards x6 Per Week $ 1,067.30
Non-Contracted 4-Cubic Yards Extra Pickup $ 98.37
Compacted 4-Cubic Yards Pickup $ 449.57
Temporary Service:
3-Cubic Yard Temporary Refuse Bin Service includes delivery and
removal, Per Bin $ 168.30
3-Cubic Yard Temporary Refuse Bin Additional Pickup, Per Each $ 168.30
Commercial & Multifamily Recycling Bin Service:
Additional 96-Gallon x1 /week $ 20.00
96-Gallon x2 Per Week $ 40.41
96-Gallon x3 Per Week $ 60.62
96-Gallon x4 Per Week $ 80.62
96-Gallon x5 Per Week $ 100.77
96-Gallon x6 Per Week $ 120.92
1.5-Cubic Yards x1 Per Week $ 105.73
1.5-Cubic Yards x2 Per Week $ 211.55
1.5-Cubic Yards x3 Per Week $ 317.23
1.5-Cubic Yards x4 Per Week $ 423.10
1.5-Cubic Yards x5 Per Week $ 528.75
1.5-Cubic Yards x6 Per Week $ 634.53
1.5-Cubic Yards Extra Pickup $ 68.25
3-Cubic Yards x1 Per Week $ 151.84
3-Cubic Yards x2 Per Week $ 303.57
3-Cubic Yards x3 Per Week $ 455.51
3-Cubic Yards x4 Per Week $ 607.19
3-Cubic Yards x5 Per Week $ 759.14
3-Cubic Yards x6 Per Week $ 871.48
3-Cubic Yards Extra Pickup $ 96.45
4-Cubic Yards x1 Per Week $ 189.14
4-Cubic Yards x2 Per Week $ 378.35
4-Cubic Yards x3 Per Week $ 567.50
4-Cubic Yards x4 Per Week $ 756.74
4-Cubic Yards x5 Per Week $ 945.86
4-Cubic Yards x6 Per Week $ 1,104.15
4-Cubic Yards Extra Pickup $ 119.00
23
Resolution No. 2024-____
Page 7
Service Rates
Commercial & Multifamily Organic Waste Cart Service:
Additional 64g Cart x1 Per Week $ 75.97
64g Cart x2 Per Week $ 154.45
64g Cart x3 Per Week $ 231.70
64g Cart x4 Per Week $ 308.93
64g Cart x5 Per Week $ 363.60
Commercial & Multifamily Organic Bin Service:
1.5-Cubic Yards x1 Per Week $ 108.11
3-Cubic Yards x1 Per Week $ 155.25
3-Cubic Yards x2 Per Week $ 310.38
3-Cubic Yards x3 Per Week $ 465.74
3-Cubic Yards x4 Per Week $ 620.82
3-Cubic Yards x5 Per Week $ 776.18
4-Cubic Yards x1 Per Week $ 193.39
4-Cubic Yards x2 Per Week $ 386.84
4-Cubic Yards x3 Per Week $ 580.24
4-Cubic Yards x4 Per Week $ 773.74
4-Cubic Yards x5 Per Week $ 967.10
Roll Off Service (Per Pull): Haul Rates do not include disposal
charges
Roll Off Haul (Disposal/Processing Cost not included) $ 267.57
Compactor Haul Rate (Disposal/Processing Cost not included) $ 535.14
Roll Off Delivery Charge $ 95.00
Roll Off Trip/Relocation Charge $ 95.00
Other Services
"Hard to Service Fee" - Vehicle usage rate Case-By-Case
"Hard to Service Fee" - Bin moving rate Case-By-Case
Scout Service Case-By-Case
Special Bin Lids (Locking/CBL) one-time fee $ 41.48
Cleaning/Replacing Cart or Bin - One free per year $ 41.48
Returned Check $ 20.75
Credit Card Convenience Fee (Phone) $ 6.91
Late Fee $ 6.91
Extra Bag Pickup/Scheduled Day $ 4.44
Extra Cart Pick-up/Scheduled Day $ 7.35
Extra Cart Pick-up/Non-Scheduled Day $ 36.81
Residential Cart Re-Delivery Fee $ 36.70
Temporary Roll-Off Extra Day Fee (after 7 days) $ 13.92
Commercial Bin Trip Charge $ 50.00
Permanent Customer Rolloff Extra Day Fee (post 30 days, trash only) $ 13.96
Solid Waste Bin Locking/Unlocking Fee, per month $ 27.94
Commercial Overage Fee $ 70.00 24
Resolution No. 2024-____
Page 8
Service Rates
Commercial Contamination Fee $ 85.00
Redelivery and Reinstatement $ 35.87
Residential Service Level Changes per request $ 6.71
Move In/Move Out $ 22.44
Additional Bulky Item Pickup $ 33.37
Residential Contamination $ 40.00
Residential Overage $ 20.00
25
12853-0006\3040273v6.doc
AMENDED AND RESTATED FRANCHISE AGREEMENT
between the
CITY OF MOORPARK,
a California municipal corporation
and
G.I. Industries,
a Utah corporation
for
FOR PROVIDING RESIDENTIAL AND COMMERCIAL
SOLID WASTE SERVICES
* * *
___________, 2024
ATTACHMENT 3
26
TABLE OF CONTENTS
Page
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RECITALS …………………………………………………………………………………..1
ARTICLE 1. DEFINITIONS ........................................................................................... 3
1.1 Definitions ................................................................................................ 3
1.1.1 AB 341................................................................................ 3
1.1.2 AB 827................................................................................ 3
1.1.3 AB 876................................................................................ 3
1.1.4 AB 901................................................................................ 3
1.1.5 AB 939................................................................................ 3
1.1.6 AB 1594.............................................................................. 4
1.1.7 AB 1826.............................................................................. 4
1.1.8 Account .............................................................................. 4
1.1.9 Act ...................................................................................... 4
1.1.10 Activation Fee ..................................................................... 4
1.1.11 Affiliate................................................................................ 4
1.1.12 Agreement .......................................................................... 5
1.1.13 Alternative Daily Cover or ADC .......................................... 5
1.1.14 Alternative Facility .............................................................. 5
1.1.15 Applicable Law ................................................................... 5
1.1.16 Approved C&D Processing Facility(ies) .............................. 5
1.1.17 Approved Disposal Facility ................................................. 6
1.1.18 Approved Facility(ies) ......................................................... 6
1.1.19 Approved Organic Waste Processing Facility ..................... 6
1.1.20 Approved Source Separated Recyclable
Materials Processing Facility(ies) ....................................... 6
1.1.21 Approved Transfer Facility(ies) ........................................... 6
27
TABLE OF CONTENTS (cont.)
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1.1.22 Back-Haul ........................................................................... 7
1.1.23 Bin ...................................................................................... 7
1.1.24 Bin Service ......................................................................... 7
1.1.25 Black Container .................................................................. 7
1.1.26 Black Container Waste ....................................................... 7
1.1.27 Blue Container .................................................................... 7
1.1.28 Bulky Items ......................................................................... 7
1.1.29 Business Days .................................................................... 8
1.1.30 C&D .................................................................................... 8
1.1.31 C&D Collection Site ............................................................ 8
1.1.32 California Code of Regulations or CCR .............................. 8
1.1.33 CalRecycle ......................................................................... 8
1.1.34 Cart .................................................................................... 8
1.1.35 Cart Service ........................................................................ 8
1.1.36 City ..................................................................................... 9
1.1.37 City Facility Premises ......................................................... 9
1.1.38 City Manager ...................................................................... 9
1.1.39 Collect ................................................................................ 9
1.1.40 Collection Services ............................................................. 9
1.1.41 Commercial Business ......................................................... 9
1.1.42 Commercial Account or Commercial Customer .................. 9
1.1.43 Commercial Edible Food Generators ................................. 9
1.1.44 Commercial Premises ...................................................... 10
1.1.45 Community Composting ................................................... 10
1.1.46 Complaint ......................................................................... 10
28
TABLE OF CONTENTS (cont.)
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1.1.47 Compost ........................................................................... 10
1.1.48 Composting ...................................................................... 10
1.1.49 Compostable Plastics or Compostable Plastic ................. 11
1.1.50 Construction and Demolition Debris or C&D
Debris ............................................................................... 11
1.1.51 Consumer Price Index (CPI) ............................................. 11
1.1.52 Container .......................................................................... 11
1.1.53 Contaminated Container................................................... 11
1.1.54 Contamination Fee ........................................................... 11
1.1.55 Contractor ......................................................................... 11
1.1.56 Contractor’s Intellectual Property ..................................... 12
1.1.57 Customer .......................................................................... 12
1.1.58 Discarded Materials .......................................................... 12
1.1.59 Disposed or Disposal ....................................................... 12
1.1.60 Diversion or Divert ............................................................ 12
1.1.61 Dwelling Unit .................................................................... 13
1.1.62 Edible Food ...................................................................... 13
1.1.63 Effective Date ................................................................... 13
1.1.64 Environmental Laws ......................................................... 13
1.1.65 E-Waste ............................................................................ 13
1.1.66 Excluded Waste ............................................................... 13
1.1.67 Facility .............................................................................. 14
1.1.68 Food Recovery ................................................................. 14
1.1.69 Food Recovery Organization ............................................ 14
1.1.70 Food Recovery Service .................................................... 14
29
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1.1.71 Food Waste ...................................................................... 15
1.1.72 Food-Soiled Paper ........................................................... 15
1.1.73 Franchise Fee .................................................................. 15
1.1.74 Free Landfill Days ............................................................ 15
1.1.75 Generator ......................................................................... 15
1.1.76 Green Container ............................................................... 15
1.1.77 Green Waste .................................................................... 15
1.1.78 Gross Receipts ................................................................. 16
1.1.79 Hauler Route .................................................................... 16
1.1.80 Hazardous Substance ...................................................... 16
1.1.81 Hazardous Waste ............................................................. 16
1.1.82 Health and Safety Code ................................................... 17
1.1.83 Holiday ............................................................................. 17
1.1.84 Household Batteries ......................................................... 17
1.1.85 Household Hazardous Waste ........................................... 17
1.1.86 Inerts ................................................................................ 17
1.1.87 Landfill .............................................................................. 17
1.1.88 Large Event ...................................................................... 18
1.1.89 Large Venue ..................................................................... 18
1.1.90 Late Fee ........................................................................... 18
1.1.91 Liquidated Damages ........................................................ 18
1.1.92 Material Recovery Facility orMRF ................................... 18
1.1.93 Medical Waste .................................................................. 18
1.1.94 Mulch ................................................................................ 19
1.1.95 Multi-Family Premises ...................................................... 19
30
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1.1.96 Municipal Code ................................................................. 19
1.1.97 Non-Compostable Paper .................................................. 19
1.1.98 Non-Organic Recyclables ................................................. 19
1.1.99 Operative Date ................................................................. 20
1.1.100 Organic Waste or Organics .............................................. 20
1.1.101 Overage Fee .................................................................... 20
1.1.102 Owner ............................................................................... 20
1.1.103 Paper Products ................................................................. 20
1.1.104 Person .............................................................................. 20
1.1.105 Premises .......................................................................... 20
1.1.106 Printing and Writing Papers .............................................. 20
1.1.107 Private Street .................................................................... 21
1.1.108 Process ............................................................................ 21
1.1.109 Prohibited Container Contaminants .................................. 21
1.1.110 Public Resources Code or PRC ....................................... 21
1.1.111 Putrescible Wastes ........................................................... 21
1.1.112 Radioactive Waste ........................................................... 22
1.1.113 Rate or Rates ................................................................... 22
1.1.114 Rate Period ...................................................................... 22
1.1.115 Recycle or Recycling ........................................................ 22
1.1.116 Recyclable Materials ........................................................ 22
1.1.117 Remnant Organic Material ................................................ 22
1.1.118 Renewable Natural Gas or RNG ...................................... 23
1.1.119 Residential Account or Residential Customer .................. 23
1.1.120 Residential Premises ........................................................ 23
31
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1.1.121 Residual or Residue ......................................................... 23
1.1.122 Reusable Items ................................................................ 23
1.1.123 Reuse ............................................................................... 23
1.1.124 Roll-off Box ....................................................................... 23
1.1.125 Roll-off Box Service .......................................................... 24
1.1.126 SB 1383............................................................................ 24
1.1.127 SB 1383 Regulations ........................................................ 24
1.1.128 SB 54................................................................................ 24
1.1.129 Self-Haul or Self-Hauler.................................................... 24
1.1.130 Service Level .................................................................... 24
1.1.131 Sharps .............................................................................. 24
1.1.132 Single-Family Premises .................................................... 25
1.1.133 Solid Waste ...................................................................... 25
1.1.134 Source Separated ............................................................ 25
1.1.135 Source Separated Blue Container Organic
Waste or SSBCOW .......................................................... 26
1.1.136 Source Separated Green Container Organic
Waste or SSGCOW .......................................................... 26
1.1.137 Special Waste .................................................................. 26
1.1.138 State ................................................................................. 26
1.1.139 Temporary Service ........................................................... 26
1.1.140 Tier One Commercial Edible Food Generator .................. 27
1.1.141 Tier Two Commercial Edible Food Generator .................. 27
1.1.142 Ton, Tons or Tonnage ...................................................... 27
1.1.143 Transfer ............................................................................ 27
1.1.144 Transformation ................................................................. 27
32
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1.1.145 Transport or Transportation .............................................. 27
1.1.146 Universal Waste ............................................................... 27
ARTICLE 2. GRANT AND ACCEPTANCE OF FRANCHISE ...................................... 27
2.1 Grant and Acceptance of Franchise ...................................................... 27
2.2 Exclusive Nature of Franchise ............................................................... 28
2.3 Operative Date ....................................................................................... 29
2.4 Term of Agreement ................................................................................ 29
2.5 Conditions to Effectiveness of Agreement and Operative
Date ....................................................................................................... 29
2.6 Delegation of Authority........................................................................... 30
2.7 Limitations on Scope of Franchise ......................................................... 30
2.8 City’s Right to Direct Changes ............................................................... 32
2.8.1 General............................................................................. 32
2.8.2 Proposal For Additional or Modified Services ................... 33
2.8.3 City’s Right to Acquire Services ....................................... 33
2.9 Ownership of Solid Waste ...................................................................... 33
2.10 Contractor Status ................................................................................... 34
2.11 Contractor Authorization ........................................................................ 34
2.12 Annexations ........................................................................................... 34
ARTICLE 3. DIRECT SERVICES ................................................................................ 35
3.1 Solid Waste Collection Services ............................................................ 35
3.1.1 Three-Container System (Black, Blue, and
Green Containers) ............................................................ 35
3.1.3 Contractor Marketing and Sale of Recyclable
Materials ........................................................................... 37
3.2 Additional Services to Customers .......................................................... 37
33
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3.2.1 On-Call Bulky Items Pick-up ............................................. 37
3.2.2 Move In/Move Out Service ............................................... 38
3.2.3 Scout Service ................................................................... 39
3.2.4 Holiday Tree Collection Program ...................................... 39
3.2.5 Holiday Cleanup Service .................................................. 39
3.2.6 Free Landfill Days ............................................................ 39
3.2.7 Information for New Customers ........................................ 40
3.2.8 Sharps Collection ............................................................. 40
3.2.9 Household Batteries Collection ........................................ 40
3.2.10 Other Services .................................................................. 41
3.3 Additional Services to City ..................................................................... 41
3.3.1 Collection From City Facility Premises ............................. 41
3.3.2 Roll-off Containers for City Use for Events
Sponsored or Co-Sponsored by City ................................ 41
3.3.3 Abandoned Items Collection ............................................. 41
3.3.4 Freeway Litter Control ...................................................... 42
3.3.5 Street Container Service .................................................. 42
3.3.6 Street Sweeping ............................................................... 42
3.3.7 Compost Bin Distribution Program ................................... 43
3.3.8 Community Clean-Up Events ........................................... 43
3.3.9 Compost and Mulch Procurement and
Giveaways ........................................................................ 44
3.3.10 Use of RNG in Collection Vehicles ................................... 44
3.3.11 Edible Food Recovery ...................................................... 45
3.3.12 Assistance with Waivers ................................................... 45
3.4 Diversion ................................................................................................ 46
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3.4.1 State Diversion Requirements .......................................... 46
3.5 .Operations ............................................................................................ 47
3.5.1 Schedules ......................................................................... 47
3.5.2 Vehicles ............................................................................ 47
3.5.3 Containers ........................................................................ 50
3.5.4 Litter Abatement ............................................................... 52
3.5.5 Personnel ......................................................................... 52
3.5.6 Identification Required ...................................................... 53
3.5.7 Fees and Gratuities .......................................................... 53
3.5.8 Non-Discrimination ........................................................... 54
3.5.9 Coordination with Street Sweeping Services .................... 54
3.5.10 Change in Collection Schedule ........................................ 54
3.5.11 Report of Accumulation of Solid Waste ............................ 54
3.6 Disaster and Emergency Service ........................................................... 54
3.6.1 Preparedness ................................................................... 54
3.6.2 Disaster and Emergency Service ..................................... 55
3.6.3 Additional Costs ............................................................... 55
3.6.4 City Wide Effort to Manage Disaster Debris ..................... 56
3.7 Transportation of Solid Waste ................................................................ 56
3.8 Capacity Guarantee ............................................................................... 56
3.9 Disposal of Solid Waste and Processing Facilities ................................ 56
3.9.1 Approved Disposal Facility ............................................... 56
3.9.2 Approved Source Separated Recyclable
Materials Processing Facilities ......................................... 57
3.9.3 Approved Organic Waste Processing Facility ................... 57
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3.9.4 Approved C&D Processing Facility ................................... 57
3.9.5 Approved Transfer Facilities ............................................. 58
3.9.6 Facility Requirements ....................................................... 58
3.9.7 Annual Route Audit .......................................................... 58
ARTICLE 4. OTHER SERVICES ................................................................................ 59
4.1 Services and Customer Billing ............................................................... 59
4.1.1 Service Description .......................................................... 59
4.1.2 Residential Billing Discounts ............................................ 59
4.1.3 Billings to Accounts .......................................................... 59
4.1.4 Account Delinquency ........................................................ 60
4.2 Customer Service .................................................................................. 61
4.2.1 Office Hours ..................................................................... 61
4.2.2 Website ............................................................................ 61
4.2.3 Missed Pick-ups ............................................................... 61
4.2.4 Complaint Documentation ................................................ 62
4.2.5 Resolution of Customer Complaints ................................. 63
4.2.6 Government Liaison ......................................................... 63
4.3 Waste Generation/Characterization Studies, Public Education
and Outreach, Contamination Monitoring Procedures, and
Route Reviews ....................................................................................... 63
4.3.1 Waste Generation/Characterization Studies ..................... 63
4.3.2 Public Education and Outreach ........................................ 63
4.3.3 Contamination Monitoring Procedures ............................. 65
4.3.4 Route Reviews ................................................................. 68
ARTICLE 5. CONTRACTOR COMPENSATION, RATES, AND FEES ....................... 69
5.1 General .................................................................................................. 69
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5.2 Compensation to Contractor .................................................................. 69
5.3 Future Adjustments ................................................................................ 70
5.3.1 Annual Rate Adjustment ................................................... 70
5.3.2 NOT USED ....................................................................... 71
5.3.3 Extraordinary Rate Adjustment ......................................... 71
5.3.4 Notice of Rate Increase .................................................... 72
5.3.5 Rate Invalidation Procedures ........................................... 72
5.4 Most Favored City .................................................................................. 73
5.5 Franchise Fee ........................................................................................ 73
5.5.1 NOT USED ....................................................................... 74
5.5.2 Disputes Regarding Franchise Fee
Remittances ..................................................................... 74
5.6 City Fees ................................................................................................ 74
5.6.1 Agreement Administrative Costs ...................................... 74
5.6.2 AB 939 Fees ..................................................................... 74
5.6.3 Annual Impact Fee ........................................................... 75
5.6.4 Household Hazardous Waste Contribution ....................... 75
5.6.5 Annual Rate Review Reimbursement ............................... 75
5.6.6 Late Payment ................................................................... 75
5.7 Grants .................................................................................................... 75
ARTICLE 6. RECORDS, REPORTS AND INFORMATION REQUIREMENTS ........... 76
6.1 General .................................................................................................. 76
6.2 Records ................................................................................................. 76
6.2.1 General............................................................................. 76
6.2.2 Solid Waste Service Records ........................................... 77
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6.2.3 Material Records .............................................................. 77
6.2.4 Other Program Records ................................................... 77
6.3 Reports .................................................................................................. 78
6.3.1 General............................................................................. 78
6.3.2 Monthly Reports ............................................................... 79
6.3.3 Quarterly Reports ............................................................. 79
6.3.4 Annual Report .................................................................. 80
6.3.5 SB 1383 Reporting ........................................................... 80
6.4 Adverse Information ............................................................................... 83
6.5 Right to Inspect Records ........................................................................ 83
6.6 Periodic Review ..................................................................................... 83
6.7 Performance Review.............................................................................. 84
ARTICLE 7. INDEMNIFICATION, INSURANCE AND BONDS ................................... 85
7.1 Indemnification ....................................................................................... 85
7.2 Hazardous Substances Indemnification ................................................. 87
7.3 Reduction of CERCLA and Other Liabilities ........................................... 88
7.4 Indemnification for Failure to Meet Diversion Requirements .................. 88
7.5 Insurance ............................................................................................... 88
7.6 Faithful Performance Bond .................................................................... 93
7.7 Property Damage ................................................................................... 94
7.8 Pavement Damage ................................................................................ 94
7.9 Corporate Guaranty ............................................................................... 94
ARTICLE 8. DEFAULT, REMEDIES AND LIQUIDATED DAMAGES ......................... 94
8.1 Administrative Remedies ....................................................................... 94
8.1.1 Notice of Deficiencies ....................................................... 94
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8.1.2 City Council Hearing ......................................................... 96
8.1.3 City Council Determination ............................................... 96
8.1.4 Reservation of Rights by City ........................................... 97
8.1.5 Cumulative Rights ............................................................ 99
8.2 Liquidated Damages .............................................................................. 99
8.3 Excuse from Performance ................................................................... 103
8.3.1 Force Majeure ................................................................ 103
8.3.2 Labor Unrest ................................................................... 103
8.3.3 Procedures in Event of Excused Performance ............... 104
8.4 Assurance of Performance .................................................................. 104
ARTICLE 9. OTHER AGREEMENTS OF THE PARTIES ......................................... 104
9.1 Relationship of Parties ......................................................................... 104
9.2 Compliance with Law ........................................................................... 105
9.3 Governing Law ..................................................................................... 105
9.4 Jurisdiction ........................................................................................... 105
9.5 Assignment .......................................................................................... 105
9.6 Contracting or Subcontracting ............................................................. 107
9.7 Binding on Assigns .............................................................................. 107
9.8 Transition to the Next Contractor ......................................................... 107
9.9 Parties in Interest ................................................................................. 108
9.10 Non-Waiver Provision .......................................................................... 108
9.11 Notice ................................................................................................... 108
9.12 Representatives of the Parties ............................................................. 109
9.13 City Free to Negotiate with Third Parties ............................................. 109
9.14 Compliance with Municipal Code ......................................................... 110
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9.15 Privacy ................................................................................................. 110
9.16 Proprietary Information ........................................................................ 110
9.17 Attorneys’ Fees .................................................................................... 111
9.18 Further Assurances ............................................................................. 111
ARTICLE 10. MISCELLANEOUS PROVISIONS ...................................................... 111
10.1 Entire Agreement ................................................................................. 111
10.2 Article and Section Headings ............................................................... 111
10.3 References to Laws and Regulations .................................................. 112
10.4 Interpretation ........................................................................................ 112
10.5 Amendments ........................................................................................ 112
10.6 Severability .......................................................................................... 112
10.7 Exhibits ................................................................................................ 112
10.8 Authority and Effective Date ................................................................ 112
EXHIBITS:
EXHIBIT 1 - RATE SCHEDULE
EXHIBIT 2 - CITY FACILITIES & EVENTS
EXHIBIT 3 - STREET SWEEPING SPECIFICATIONS
EXHIBIT 4 - PERFORMANCE BOND
EXHIBIT 5 - FORM OF CORPORATE GUARANTY
EXHIBIT 6 - DEPICTION OF 125 ACRE AND 131 ACRE SITES
EXHIBIT 7 - ACCETPABLE MATERIALS FOR BLUE CONTAINERS
EXHIBIT 8 - ACCETPABLE MATERIALS FOR GREEN CONTAINERS
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AMENDED AND RESTATED FRANCHISE AGREEMENT
THIS AMENDED AND RESTATED FRANCHISE AGREEMENT FOR
PROVIDING RESIDENTIAL AND COMMERCIAL SOLID WASTE SERVICES
(“Agreement”) is effective as of the ____ day of _______, 2024 (“Effective Date”), and is
entered into by and between the City of Moorpark, a California municipal corporation
(“City”) and G.I. Industries, a Utah corporation (“Contractor”) (individually, a “Party” or
collectively, the “Parties”).
RECITALS:
A. The Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 (the “Act,” Public Resources Code Sections
40000 et seq.) has declared that it is in the public interest to require local agencies to
make adequate provision for solid waste handling within their jurisdictions to meet the
goals and objectives of the Act.
B. In accordance with the Act, City is required to implement its Source
Reduction and Recycling Element (“SRRE”) in order to maintain the diversion of 50% of
solid waste collected in City from landfill disposal.
C. In accordance with California Public Resources Code Sections 40059(a)(2)
and 49300 et seq. and Section 8.36.030 of the Moorpark Municipal Code, the City Council
of the City (“City Council”) has determined that the public health, safety, and welfare
require that an exclusive franchise be awarded to a qualified solid waste enterprise for
the collection, transportation, recycling, processing, and disposal of solid waste, and for
other related services, to meet the goals and objectives of the Act.
D. On September 18, 2002, the City Council granted two exclusive Franchise
Agreements with GI Industries and USA Waste of California, Inc. (the “Contractor
Agreements”) and two exclusive Franchise Agreements with Charles Anderson and
SEA/SUE Inc., a general partnership, doing business as Moorpark Rubbish Disposal (the
“MRD Agreements”), for the collection, transportation, recycling, processing, and disposal
of residential solid waste and commercial solid waste in designated areas within the City
limits.
E. On December 6, 2017, City consented to the transfer of the MRD
Agreements to GI Industries, subject to certain conditions.
F. On December 29, 2017, the term of the Contractor Agreements was
extended to March 31, 2018, and the term of the MRD Agreements was extended to
December 31, 2027.
G. On March 29, 2018, the term of the Contractor Agreements was extended
to June 30, 2018.
H. In 2018, the City Council granted an Exclusive Franchise Agreement to USA
Waste of California, Inc., effective as of June 20, 2018, for the collection, transportation,
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recycling, processing, and disposal of solid waste, and for other related services, which
agreement replaced and superseded the Contractor Agreements and the MRD
Agreements in their entirety, in accordance with the terms and conditions set forth therein,
and which Exclusive Franchise Agreement was amended by Amendment No. 1, entered
into as of November 5, 2019 (as amended, the “Prior Agreement”).
I. On ______, 2024, City consented to the assignment of the Prior Agreement
from USA Waste of California, Inc. to Contractor.
J. The Legislature of the State of California has found and declared that the
amount of solid waste generated in California, coupled with diminishing disposal capacity
and interest in minimizing potential environmental impacts from landfilling and the need
to conserve natural resources, have created an urgent need for State and local agencies
to enact and implement an aggressive integrated waste management program.
Accordingly, the State has enacted Assembly Bill (“AB”) 939 and subsequent related
legislation including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), the
Venue and Events Recycling Act of 2004 (AB 2176), and Senate Bill (“SB”) 1016 (Chapter
343, Statutes of 2008 [Wiggins, SB 1016], the Mandatory Commercial Organics Recycling
Act of 2014, (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383),
directed the responsible State agency, and all local agencies, to promote a reduction in
landfill disposal and to maximize the use of feasible waste reduction, reuse, recyc ling,
and composting options in order to reduce the amount of material that must be disposed.
K. The City Council recognizes that the awarding of this Agreement will
facilitate the efficient and environmentally responsible management of Discarded
Materials within the City of Moorpark, ensuring compliance with State and local
regulations and contributing to the overall sustainability goals of the community.
L. The Short-Lived Climate Pollutants Bill of 2016, (SB 1383) establishes
regulatory requirements for jurisdictions, generators, haulers, solid waste facilities and
other entities to support achievement of State-wide organic waste disposal reduction
targets.
M. The Short-Lived Climate Pollutants: Organic Waste Reductions regulations
adopted in 2020 require jurisdictions to implement collection programs, meet processing
facility requirements, conduct contamination monitoring, provide education, maintain
records, submit reports, monitor compliance, conduct enforcement, and fulfill other
requirements; and City has chosen to delegate certain responsibilities to Contractor,
acting as the City‘s designee, through this Agreement.
N. City and Contractor are mindful of the provisions of the laws governing the
safe collection, transport, recycling, and disposal of solid waste, including, without
limitation, the Act, AB 341, AB 827, AB 1826, SB 1383, SB 54, and the Resource
Conservation and Recovery Act (42 U.S.C. 960, et seq.).
O. Contractor represents and warrants to City that it has the experience,
responsibility, and qualifications to conduct the services detailed herein.
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND CONDITIONS CONTAINED IN THIS AGREEMENT AND FOR OTHER
GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
ARTICLE 1.
DEFINITIONS
1.1 Definitions.
Whenever any term used in this Agreement has been defined by the provisions of Title 8,
Chapter 8.36 of the Municipal Code, or by Division 30, Part 1, Chapter 2 of the Public
Resources Code, or the California Code of Regulations, the definitions in the Municipal
Code, the Public Resources Code, or the California Code of Regulations will apply unless
the term is otherwise defined in this Agreement. The following capitalized words and
terms have the following meanings:
1.1.1 AB 341
“AB 341” means the Assembly Bill approved by the Governor of the State on
October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736,
41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and
41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division
30 of, and added and repealed Section 41780.02 of, the Public Resources Code,
relating to Solid Waste.
1.1.2 AB 827
“AB 827” means the Assembly Bill approved by the Governor of the State on
October 9, 2019.
1.1.3 AB 876
“AB 876” means the Assembly Bill approved by the Governor of the State on
October 8, 2015, which added Section 418214 to the Public Resources Code,
relating to Solid Waste.
1.1.4 AB 901
“AB 901” means the Assembly Bill approved by the Governor of the State on
October 10, 2015, which amended Section 41821.5 of, amended, renumbered and
added Section 41821.6 of, and added Sections 41821.7 and 41821.8 to, the Public
Resources Code, relating to Solid Waste.
1.1.5 AB 939
“AB 939 means the Assembly Bill approved by the Governor of the State on
September 29, 1989, which adopted the California Integrated Waste Management
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Act of 1989 (Public Resources Code Sections 40000 et seq.;“AB 939” is
sometimes referred to as the “Act”).
1.1.6 AB 1594
“AB 1594” means the Assembly Bill approved by the Governor of the State on
September 28, 2014, which amended Sections 40507 and 41781.3 of the Public
Resources Code, relating to Solid Waste.
1.1.7 AB 1826
“AB 1826” means the Assembly Bill approved by the Governor of the State on
September 28, 2014, which added Chapter 12.9 (commencing with Section
42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid
Waste.
1.1.8 Account
“Account” means Premises located within the City receiving Collection Services
pursuant to this Agreement, or the Person arranging for services pursuant to this
Agreement, as the case may be. The word “Account” is used interchangeably with
the word “Customer” in this Agreement.
1.1.9 Act
“Act” means the California Integrated Waste Management Act of 1989,” Resources
Code Sections 40000 et seq.
1.1.10 Activation Fee
“Activation Fee” means a fee charged by Contractor to compensate it for expenses
incurred where initiating Collection Services or re-establishing Collection Services
following a suspension of service due to non-payment.
1.1.11 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; all such businesses shall be deemed to be “Affiliated with”
Contractor and included within the term “Affiliates” as used herein. An Affiliate
shall include a business in which Contractor owns a direct or indirect ownership
interest, a business that has a direct or in direct ownership interest in Contractor
and/or a business that is also owned, controlled or managed by any business or
individual that has a direct or indirect ownership interest in Contractor. For
purposes of determining whether an indirect ownership interest exists, the
constructive ownership provisions of Section 318(a) of the Internal Revenue Code
of 1986, as in effect on the date of this Agreement, shall apply; provided, however,
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that (i) “ten percent (10%)” shall be substituted for “fifty percent (50%)” in Section
318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall
be disregarded. For purposes of determining ownership under this paragraph and
constructive or indirect ownership under Section 318(a), ownership interest of less
than ten percent (10%) shall be disregarded and percentage interests shall be
determined on the basis of the percentage of voting interest or value which the
ownership interest represents, whichever is greater.
1.1.12 Agreement
“Agreement” means this Amended and Restated Exclusive Franchise Agreement
for Providing Residential and Commercial Solid Waste Services between the City
and Contractor including all exhibits and attachments and any amendments
thereto.
1.1.13 Alternative Daily Cover or ADC
“Alternative Daily Cover” or “ADC” has the same meaning as in 27 CCR Section
20690.
1.1.14 Alternative Facility
“Alternative Facility” means any Facility approved by the City for use pursuant to
Section 3.9.6.
1.1.15 Applicable Law
“Applicable Law” means all laws, regulations, rules, orders, judgments, decrees,
permits, approvals, or other requirement of any federal, state, county, city, and
local governmental agency having jurisdiction over the Collection, Transportation,
Processing, Recycling and Disposal of Solid Waste, including Source Separated
Recyclable Materials, Organic Waste, Bulky Items and Construction and
Demolition Debris, that are in force on the Effective Dat e and as they may be
enacted, issued, recodified or amended during the Term of this Agreement.
Applicable Law expressly includes, without limitation, Environmental Laws, AB
939, AB 341, AB 827, AB 1826, SB 1383, and SB 54.
1.1.16 Approved C&D Processing Facility(ies)
“Approved C&D Processing Facility(ies)” means any one or a combination of the
Simi Valley Landfill & Recycling Center at 2801 Madera Rd., Simi Valley, CA 93065
and South Valley Compost Site located at 24487 Rd., 140 Tulare, CA 93274, each
of which is owned and operated by Contractor or its Affiliate, and each of which is
a C&D Processing Facility and was Contractor selected and City approved.
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1.1.17 Approved Disposal Facility
“Approved Disposal Facility” means the Simi Valley Landfill & Recycling Center at
2801 Madera Rd., Simi Valley, CA 93065, which is owned and operated by
Contractor or its Affiliate, and which is a Disposal Facility and was Contractor
selected and City approved.
1.1.18 Approved Facility(ies)
“Approved Facility(ies)” means any one of or any combination of the Approved
C&D Processing Facility; Approved Disposal Facility; Approved Organic Waste
Processing Facility; Approved Source Separated Recyclable Materials Processing
Facility(ies); and Approved Transfer Facility, each of which are defined in this
Article.
1.1.19 Approved Organic Waste Processing Facility
“Approved Organic Waste Processing Facility” means the Simi Valley Landfill &
Recycling Center at 2801 Madera Rd., Simi Valley, 93065 , which is owned and
operated by Contractor or its Affiliate, and which is an Organic Waste Processing
Facility and was Contractor selected and City approved.
1.1.20 Approved Source Separated Recyclable Materials Processing
Facility(ies)
“Approved Source Separated Recyclable Materials Processing Facility(ies)”
means any one or a combination of the Azusa Transfer Station & MRF at 1501 W.
Gladstone St., Azusa, CA 91702, the Simi Valley Landfill & Recycling Center at
2801 Madera Rd., Simi Valley, CA 93065, the Gold Coast Recycling Facility at
5275 Colt St., Ventura, CA 93003 and the Sun Valley Recycling Park (Bradley East
Processing/Transfer Station) at 9227 Tujunga Ave., Sun Valley, CA 91352, each
of which is owned and operated by Contractor or its Affiliate (with the exception of
the Gold Coast Recycling Facility, which is owned and/or operated by a third party),
and each of which is a Source Separated Recyclable Materials Processing
Facility and was Contractor selected and City approved.
1.1.21 Approved Transfer Facility(ies)
“Approved Transfer Facility(ies)” means any one or a combination of the Azusa
Transfer Station & MRF at 1501 W. Gladstone St., Azusa, CA 91702, the Simi
Valley Landfill & Recycling Center at 2801 Madera Rd., Simi Valley, 93065, and
the Sun Valley Recycling Park (Bradley East Processing/Transfer Station) at 9227
Tujunga Ave., Sun Valley, CA 91352, each of which is owned and operated by
Contractor or its Affiliate, and each of which is a Transfer Facility and was
Contractor selected and City approved.
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1.1.22 Back-Haul
“Back-Haul” means generating and transporting Organic Waste to a destination
owned and operated by the Generator using the Generator’s own employees and
equipment, or as otherwise defined in 14 CCR Section 18982 (a)(66)(A).
1.1.23 Bin
“Bin” means a metal or rigid plastic Container with a capacity of one (1) to six (6)
cubic yards, having a hinged lid and wheels, including Bins with compactors
attached to increase the capacity of the Bin. Bins are also known as dumpsters
and are serviced by a front-end loader truck.
1.1.24 Bin Service
“Bin Service” means Collection Services provided to Accounts using Bins provided
by Contractor. Bin Service may be provided on a permanent or temporary basis.
1.1.25 Black Container
“Black Container” has the same meaning as in 14 CCR Section 18982(a)(28)(A)
with respect to Carts and 14 CCR Section 18982(a)(28)(B) with re spect to Bins,
and shall be used for the purpose of storage and Collection of Black Container
Waste and, for this Agreement, Carts shall have a body that is grey in color and a
lid that is black in color and Bins shall have a body and lid that are black in color.
1.1.26 Black Container Waste
“Black Container Waste” means Solid Waste that is collected in a Black Container
that is part of a three-Container Solid Waste Collection Services that prohibits the
placement of Organic Waste in the Black Container as specified in 14 CCR
Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section
17402(a)(6.5). For the purposes of this Agreement, Black Container Waste
includes carpets and textiles, but does not include Excluded Waste.
1.1.27 Blue Container
“Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5)(A) with
respect to Carts and 14 CCR Section 18982(a)(5)(B) with respect to Bins, and
shall be used for the purpose of storage and Collection of Recyclable Materials,
and, for this Agreement, Carts shall have a body that is grey in color and a lid that
is blue in color and Bins shall have a body that is blue in color and a lid that is black
in color.
1.1.28 Bulky Items
“Bulky Items” means discarded furniture (including chairs, sofas, mattresses,
carpet, and other similar items); appliances (including refrigerators, ranges,
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washers, dryers, water heaters, dishwashers, plumbing, small household
appliances, and other similar items, commonly known as “white goods”); E -Waste;
wood waste, tree trunks, and large branches if no more than two feet in diameter
or four feet in length, clothing; and tires. Any Bulky Items containing
chloroflourocarbon (CFC) refrigerants shall be handled in accordance with
Applicable Law. Bulky Items do not include car bodies or C&D Debris, or any other
items that cannot be safely handled by two (2) persons.
1.1.29 Business Days
“Business Days” means days Moorpark City Hall is open for business.
1.1.30 C&D
“C&D” means construction and demolition.
1.1.31 C&D Collection Site
“C&D Collection Site” means properties where C&D work is performed as
evidenced by the City’s issuance of a land clearing, building, or demolition permit,
or properties where C&D work is performed in connection with a non-permitted
municipal project, or as otherwise provided in Section 15.10.040 of the Municipal
Code.
1.1.32 California Code of Regulations or CCR
“California Code of Regulations” or “CCR” means the State Code of Regulations.
CCR references in this Agreement are preceded with a number that refers to the
relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR).
1.1.33 CalRecycle
“CalRecycle” means the State’s Department of Resources Recycling and
Recovery, which is the state regulatory agency designated with responsibility for
developing, implementing, and enforcing SB 1383 Regulations on jurisdictions and
other regulated entities, or its successor agency.
1.1.34 Cart
“Cart” means a plastic Container with a hinged lid and wheels with an approximate
volume between thirty-two (32) and ninety-six (96) gallons serviced by automated
or semi-automated Collection vehicles.
1.1.35 Cart Service
“Cart Service” means Collection Services provided to Residential and/or
Commercial Accounts using Carts provided by Contractor.
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1.1.36 City
“City” means the City of Moorpark, 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 of this Agreement.
1.1.37 City Facility Premises
“City Facility Premises” means all real property and improvements owned or
operated by City including, but not limited to, City facilities, parks and open spaces,
and public receptacles. Current City Facility Premises are designated on Exhibit 2.
1.1.38 City Manager
“City Manager” means the City Manager of the City or the City Manager’s
designee.
1.1.39 Collect
“Collect,” or any variation thereof, means to take physical possession of Discarded
Materials, including Recyclable Materials, Organic Waste, Bulky Items, C&D
Debris, and other Discarded Materials at or near the place of generation or
accumulation at Residential Premises, Commercial Premises and City Facility
Premises in the City pursuant to this Agreement.
1.1.40 Collection Services
“Collection Services” means the Collection, Transportation, storage, Recycling,
Transfer, Processing, or Disposal of Solid Waste.
1.1.41 Commercial Business
“Commercial Business” means a firm, partnership, proprietorship, joint -stock
company, corporation, or association, whether for profit or non -profit, strip mall,
industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6); with the
exception that Multi-Family Premises, other than Multi-Family Premises receiving
Bin Services, are excluded from the definition of Commercial Business for the
purposes of this Agreement.
1.1.42 Commercial Account or Commercial Customer
“Commercial Account” or “Commercial Customer” means an Account for Collection
Services provided to any Commercial Premises.
1.1.43 Commercial Edible Food Generators
“Commercial Edible Food Generators” includes Tier One Commercial Edible Food
Generators and Tier Two Commercial Edible Food Generators, or as otherwise
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defined in 14 CCR Section 18982(a)(7). For the purposes of this Agreement, Food
Recovery Organizations and Food Recovery Services are not Commercial Edible
Food Generators.
1.1.44 Commercial Premises
“Commercial Premises” means property upon which a Commercial Business
activity is conducted, including but not limited to, retail sales, services,
manufacturing, assembling, storage, and wholesale operations, but excluding
businesses conducted upon Residential Premises that are permitted under
applicable zoning regulations and that do not constitute the primary use of the
property. Commercial Premises also include hotels and convalescent centers. For
purposes of this Agreement, Multi-Family Premises receiving Bin Service shall be
treated as “Commercial Premises”.
1.1.45 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 one hundred (100) cubic yards and seven hundred fifty (750)
square feet as specified in 14 CCR Section 17855(a)(4), or as otherwise defined
in 14 CCR Section 18982(a)(8).
1.1.46 Complaint
“Complaint” means a distinct grievance, criticism, or objection in the form of written
letter, email, or telephone call either to City or Contractor regarding Contractor’s
performance of its duties under the terms of this Agreement, including but not
limited to missed pick-ups, property damage caused by Contractor, tardy service,
unresponsiveness to requests, billing problems, and similar issues. Complaints
exclude normal or standard service requests (e.g., exchanging a Cart or Bin), and
criticisms directed at Rates or Title 8, Chapter 8.36 of the Municipal Code.
1.1.47 Compost
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which
states, as of the Effective Date, that “Compost” means the product resulting from
the controlled biological decomposition of organic solid wastes that are source
separated from the municipal solid waste stream, or which are separated at a
centralized facility.
1.1.48 Composting
“Composting” means any activity that composts green material, agricultural
material, food material, and vegetative food material alone or in combination.
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1.1.49 Compostable Plastics or Compostable Plastic
“Compostable Plastics” or “Compostable Plastic” means plastic materials that
meet the ASTM D6400 standard for compostability and are accepted by the
Approved Organic Waste Processing Facility for Processing, or as otherwise
described in 14 CCR Section 18984.1(a)(1)(A).
1.1.50 Construction and Demolition Debris or C&D Debris
“Construction and Demolition Debris” or “C&D Debris” means the nonhazardous
waste building material, Inerts, soil, packaging, Green Waste, rubble, and other
used or Discarded Materials resulting from construction or demolition.
1.1.51 Consumer Price Index (CPI)
“Consumer Price Index” means the Consumer Price Index for All Urban
Consumers Series ID: CUURS49ASA0, Not Seasonally Adjusted, All Items, Los
Angeles-Long Beach-Anaheim, CA as maintained and published by the United
States Bureau of Labor Statistics, or its successor index, and is used to calculate
the maximum Service Rates as it pertains to this Agreement.
1.1.52 Container
“Container(s)” means a receptacle for temporary storage of Discarded Materials.
Containers may include Bins, Carts, Roll-off Boxes, and compactors, or other
storage instruments to the extent such Containers are permitted by the City for use
for Collection Services provided under the Agreement. All references to volume for
any type of Container in this Agreement is an approximation thereof.
1.1.53 Contaminated Container
“Contaminated Container” is a Collection Container (Black Container, Blue
Container or Green Container) that contains Prohibited Container Contaminants
amounting to approximately ten percent (10%) or more of the total contents per
Container.
1.1.54 Contamination Fee
“Contamination Fee” means the amount charged by Contractor to Accounts to
recover costs due to Collecting, Transporting, handling, separating, and/or
Processing Contaminated Containers including, without limitation, arranging
special, unscheduled Collections.
1.1.55 Contractor
“Contractor” means G.I. Industries, a Utah corporation. Contractor is a wholly-
owned subsidiary of Western Waste Industries, Inc., a California corporation.
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1.1.56 Contractor’s Intellectual Property
“Contractor’s Intellectual Property” means data, information, or records of
Contractor that are or may be proprietary or confidential in nature or include
intellectual property of Contractor, including, without limitation, any confidential
information, copyrighted material, proprietary information, trade secrets or
trademark/service mark, as well as any and all such documents or reports
containing such information.
1.1.57 Customer
“Customer” means the Person who owns or controls a Premises located within the
City receiving Collection Services pursuant to this Agreement, or the Person
arranging for Collection Services pursuant to this Agreement, as the case may be.
The word “Customer” is used interchangeably with the word “Account” in this
Agreement.
1.1.58 Discarded Materials
“Discarded Materials” means Recyclable Materials, including SSBCOW and
Source Separated Non-Organic Recyclables; SSGCOW, including Food Waste;
Black Container Waste; and C&D Debris once the materials have been placed in
Containers for Collection. Discarded Materials does not include Excluded Waste.
Discarded Materials are a form of Solid Waste, and shall be regulated as such. For
purposes of this Agreement, material is deemed to have been discarded, without
regard to whether it is destined for Recycling or Disposal, and whether or not it has
been Source Separated from other Solid Wastes, in all cases where a fee or other
compensation, in any form or amount, is directly or indirectly solicited from, or
levied, charged, or otherwise imposed on, or paid by, the Generator or
Customer/Account in exchange for handling services. As used herein, handling
services include, without limitation, the Collection, removal, Transportation,
delivery, and Processing and/or Disposal of the material. Discarded Materials do
not include Edible Food that is recovered for human consumption and is not
discarded.
1.1.59 Disposed or Disposal
“Disposed” or “Disposal,” or any variation thereof, mean the management of Solid
Waste through Landfill deposit or Transformation at Solid Waste facilities permitted
under Applicable Law.
1.1.60 Diversion or Divert
“Diversion” or “Divert,” or any variation thereof, means activities that reduce or
eliminate Recyclable Materials and Organics from Disposal, including source
reduction, donation, Reuse, salvage, Recycling, in-vessel Composting where
methane is produced and pumped back into the energy grid, and Composting.
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1.1.61 Dwelling Unit
“Dwelling Unit” means one or more rooms designed for occupancy by one
household for living and sleeping purposes and containing kitchen facilities or an
area designed for preparation of food for use solely by one household, including
any Single-Family Premises or any individual living unit in a Multi-Family Premises.
1.1.62 Edible Food
“Edible Food” means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18).
1.1.63 Effective Date
“Effective Date” means the date set forth in the first paragraph of this Agreement.
1.1.64 Environmental Laws
“Environmental Laws” means all federal and state statutes, and county and City
ordinances concerning public health, safety and the environment including, by way
of example and not limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 USC § 9601 et seq.; the Resource
Conservation and Recovery Act, 42 USC § 6902 et seq.; the Federal Clean Water
Act, 33 USC § 1251 et seq.; the Toxic Substances Control Act, 15 USC § 1601 et
seq.; the Occupational Safety and Health Act, 29 USC § 651 et seq.; the California
Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the
California Toxic Substances Control Act, Health and Safety Code Section 25300
et seq.; the Porter-Cologne Water Quality Control Act, California Water Code
Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, Health
and Safety Code Section 25249.5 et seq., and all rules and regulations
promulgated thereunder.
1.1.65 E-Waste
“E-Waste” means “electronic devices” as defined in 22 CCR Section 66273.9,
including but not limited to, computers, televisions, VCRs, stereos, copiers, fax
machines, and other “covered electronic devices” as defined in Public Resources
Code Section 42463.
1.1.66 Excluded Waste
“Excluded Waste” means Universal Waste, Hazardous Substances, Hazardous
Waste, infectious waste, designated waste, volatile waste, corrosive waste,
Medical Waste, Radioactive Waste, and toxic substances or material that Facility
operator(s), which receive materials from the City and its Generators, reasonably
believe(s) would, as a result of, or upon acceptance, Transfer, Processing, or
Disposal, be a violation of local, state, or federal law, regulation, or ordinance,
including land use restrictions or conditions, waste that cannot be Disposed of in
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Class III Landfills or accepted at the Facility by permit conditions, waste that in
City’s reasonable opinion would present a significant risk to human health or the
environment, cause a nuisance or otherwise create or expose Contractor or City
to potential liability, but not including de minimis volumes or concentrations of
waste of a type and amount normally found in Solid Waste generated at
Residential Premises 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 Public Resources Code.
1.1.67 Facility
“Facility” means any plant, site, or operation used for the purpose of handling
Discarded Materials, including, but not limited to, Disposal, Transfer, Recycling,
Composting, and Processing operations.
1.1.68 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).
1.1.69 Food Recovery Organization
“Food Recovery Organization” means an entity that 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, or as otherwise defined in 14 CCR Section 18982(a)(25), including, but
not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety
Code;
(2) A nonprofit charitable organization as defined in Section 113841 of
the Health and Safety Code; and,
(3) A nonprofit charitable temporary food facility as defined in Section
113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this Agreement.
1.1.70 Food Recovery Service
“Food Recovery Service” means a person or entity that collects and transports
Edible Food from a Commercial Edible Food Generator to a Food Recovery
Organization or other entities for Food Recovery, or as otherwise defined in 14
CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible
Food Generator for the purposes of this Agreement.
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1.1.71 Food Waste
“Food Waste” means compostable organic materials, excluding Green Waste,
generated during or resulting from the storage, production, preparation, cooking,
handling, and/or consumption of food, including but not limited to solid, semisolid,
and liquid food, such as, fruit, vegetables, cheese, meat, bones, poultry, seafood,
bread, rice, pasta, and oils; coffee grounds and filters and tea bags; cut flowers;
and herbs. Food Waste includes Food-Soiled Paper and Compostable Plastics.
1.1.72 Food-Soiled Paper
“Food-Soiled Paper” means compostable paper material that has come in contact
with food or liquid, such as, but not limited to, compostable paper plates, paper
coffee cups, napkins, pizza boxes, and milk cartons.
1.1.73 Franchise Fee
“Franchise Fee” shall have the meaning ascribed in Section 5.5.
1.1.74 Free Landfill Days
“Free Landfill Days” shall have the meaning ascribed in subsection 3.2.6.
1.1.75 Generator
“Generator” means any Person who first causes Discarded Materials to become
subject to regulation under the Municipal Code or Applicable Law.
1.1.76 Green Container
“Green Container” has the same meaning as in 14 CCR Section 18982(a)(29)(A)
with respect to Carts and 14 CCR Section 18982(a)(29)(B) with respect to Bins,
and shall be used for the purpose of storage and Collection of SSGCOW and, for
this Agreement, Carts shall have a body that is grey in color and lid that is green
in color and Bins shall have a body that is green in color and a lid that is black in
color.
1.1.77 Green Waste
“Green Waste” means organic materials generated from Residential and
Commercial Premises associated with landscaping and no longer useful or
wanted. Items include, but are not limited to , leaves, grass, weeds, and wood
materials from trees and shrubs, and similar materials that fit within a Cart and are
generated at any Premises. Tree stumps and tree roots are not considered Green
Waste. Green Waste is a subset of Organic Waste. “Green Waste” also includes
holiday trees that are not flocked, ornamented, or tinseled in any way. “Green
Waste” does not include stumps or branches exceeding six (6) inches in diameter
or four (4) feet in length, untreated scrap lumber which does not fit into a Green
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Container, treated or painted lumber; and other materials that are not suitable for
Composting. Treated wood shall be treated as Black Container Waste or Bulky
Items, as applicable, for purposes of this Agreement.
1.1.78 Gross Receipts
“Gross Receipts” means all monetary amounts actually collected or received by
Contractor and its subsidiaries, parent companies, or other Affiliates for the
provision of Solid Waste Collection Services pursuant to this Agreement. Gross
Receipts, for purposes of this Agreement, do not include material sales revenues
derived from the Collection of Source Separated Recyclable Materials or Organic
Waste, other receipts from state and local government accounts including
CalRecycle beverage container recycling payments, or Roll-off Disposal or
Processing charges.
1.1.79 Hauler Route
“Hauler Route” means the designated itinerary or sequence of stops for each
segment of the City’s Collection Services area, or as otherwise defined in 14 CCR
Section 18982(a)(31.5).
1.1.80 Hazardous Substance
“Hazardous Substance” means any of the following: (a) any substances defined,
regulated or listed (directly or by reference) as “hazardous substances,”
“hazardous materials,” “hazardous wastes,” “toxic waste,” “pollutant,” “toxic
substances,” or similarly identified as hazardous to human health or the
environment, in or pursuant to (i) the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 USC § 9601 et seq. (“CERCLA”);
(ii) the Hazardous Materials Transportation Act, 49 USC § 1802, et seq.; (iii) the
Federal Resource Conservation and Recovery Act, 42 USC § 6901 et seq.; (iv) the
Clean Water Act, 33 USC § 1251 et seq.; (v) Health and Safety Code Sections
25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC § 7901
et seq.; or (vii) California Water Code Section 13050; (viii) any amendments, rules
or regulations promulgated under those specified statutes or acts that are currently
existing or may later be enacted; and (ix) any other substance, material, chemical,
waste or pollutant identified as hazardous or toxic or regulated under any other
applicable federal, state or local environmental laws currently existing or later
enacted, including, without limitation, friable asbestos, polychlorinated biphenyls
(“PCBs”), petroleum, natural gas, synthetic fuel products, and by-products.
1.1.81 Hazardous Waste
“Hazardous Waste” means all substances that are defined as hazardous waste,
acutely hazardous waste, extremely hazardous waste or medical waste by the
State in Health and Safety Code Sections 25110.02, 25115, 25117, and 117690
and Public Resources Code Section 40141, or in any future amendments to or
recodifications of these statutes, or identified and listed as hazardous waste by the
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U.S. Environmental Protection Agency (“EPA”), pursuant to the Federal Resource
Conservation and Recovery Act (42 USC § 6901 et seq.), all future amendments
thereto, and all rules and regulations promulgated thereunder.
1.1.82 Health and Safety Code
“Health and Safety Code” means the California Health and Safety Code.
1.1.83 Holiday
“Holiday” shall mean:
New Year’s Day;
Memorial Day;
Independence Day;
Labor Day;
Thanksgiving Day; and
and Christmas Day.
“Holiday” shall also mean any other day designated as such by City and
Contractor.
1.1.84 Household Batteries
“Household Batteries” means Alkaline batteries (i.e., AAA, AA, C, D, button, 6 -volt,
9 volt batteries) and rechargeable batteries (Nickel Cadmium (Ni-Cd), Nickel Metal
Hydride (Ni-MH), Lithium Ion (Li-Ion), Nickel Zinc (Ni-Zn) and Small Sealed Lead
(SSLA/Pb) typically found in cordless phones, power tools and laptops.
Automotive lead acid batteries are not included as “Household Batteries”.
1.1.85 Household Hazardous Waste
“Household Hazardous Waste” means any Hazardous Waste generated incidental
to owning or maintaining a place of residence, excluding any Hazardous Waste
generated in the course of operating a business concern at a Residential Premises
pursuant to Health and Safety Code Section 25218 et seq.
1.1.86 Inerts
“Inerts” means materials such as concrete, soil, asphalt, and ceramics.
1.1.87 Landfill
“Landfill” means a “Solid Waste Landfill” as defined by Public Resources Code
Section 40195.1.
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1.1.88 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 two thousand (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, or as otherwise defined in 14 CCR
Section 18982(a)(38).
1.1.89 Large Venue
“Large Venue” means a permanent venue facility that annually seats or serves an
average of more than two thousand (2,000) individuals within the grounds of the
facility per day of operation of the venue facility. For purposes of 14 CCR, Division
7, Chapter 12 and this Agreement, a venue facility includes, but is not limited to, a
public, nonprofit, or privately owned or operated stadium, amphitheater, arena,
hall, amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum, theater, or
other public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and
this Agreement, a site under common ownership or control that includes more than
one Large Venue that is contiguous with other Large Venues in the site, is a single
Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this
definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this
Agreement.
1.1.90 Late Fee
“Late Fee” means an amount charged by Contractor to reimburse it for
administrative costs arising from payment delinquency, including the cost of
notices and adjustments to its accounting records, and may include a fixed fee,
interest on past due amounts, or Non-Sufficient Fund (“NSF”) fees.
1.1.91 Liquidated Damages
“Liquidated Damages” means the amounts due by Contractor for failure to meet
specific quantifiable standards of performance as described in Article 8 herein.
1.1.92 Material Recovery Facility or MRF
“Material Recovery Facility” or “MRF” means a Facility licensed or permitted in
accordance with the Act which separates Recyclable Materials and Processes
them for sale to end users.
1.1.93 Medical Waste
“Medical Waste” means any Solid Waste that is generated or has been used in the
diagnosis, treatment, or immunization of human beings or animals, or research
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pertaining thereto, and shall include, but not be limited to, biomedical,
biohazardous and medical waste, or other Solid Waste resulting from medical
activities or services as defined by local, state, or federal law or regulation.
1.1.94 Mulch
“Mulch” means a layer of material applied on top of soil, and, for the purposes of
this Agreement, Mulch shall conform with the following conditions, or conditions as
otherwise specified in 14 CCR Section 18993.1(f)(4):
1. 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.
2. 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. 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.
1.1.95 Multi-Family Premises
“Multi-Family Premises” means Premises having five (5) or more Dwelling Units.
Multi-Family Premises do not include hotels, motels or other transient occupancy
facilities which are considered Commercial Businesses.
1.1.96 Municipal Code
“Municipal Code” means the Municipal Code of the City of Moorpark.
1.1.97 Non-Compostable Paper
“Non-Compostable Paper” includes but is not limited to, paper that is coated in a
plastic material that will not break down in the Composting process, or as otherwise
defined in 14 CCR Section 18982(a)(41).
1.1.98 Non-Organic Recyclables
“Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable
wastes, including, but not limited to bottles, cans, metals, plastics and glass, or as
otherwise defined in 14 CCR Section 18982(a)(43). Source Separated Non -
Organic Recyclables are a subset of Recyclable Materials.
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1.1.99 Operative Date
“Operative Date” has the meaning ascribed in Section 2.3.
1.1.100 Organic Waste or Organics
“Organic Waste” or “Organics” means Solid Wastes containing material originated
from living organisms and their metabolic waste products including, but not limited
to, Food Waste, Green Waste, organic textiles and carpets, untreated lumber,
untreated wood, Paper Products, Printing and Writing Paper, manure, biosolids,
digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46).
Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR
Section 18982(a)(16.5), respectively, and for purposes of this Agreement shall be
treated as Black Container Waste. Organic Waste does not include Excluded
Waste. For purposes of this Agreement, Paper Products and Printing and Writing
Paper that are not Food-Soiled Paper shall be treated as Recyclable Materials.
1.1.101 Overage Fee
“Overage Fee” means an amount charged by Contractor to Accounts receiving
Collection Services to compensate it for its expenses in documenting and cleaning
up litter and debris arising from overfilling of Containers.
1.1.102 Owner
“Owner” means the Person holding legal title to the real property constituting the
Premises to which Solid Waste Collection Services is to be provided under this
Agreement.
1.1.103 Paper Products
“Paper Products” include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and
toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
1.1.104 Person
“Person” has the meaning in California Public Resources Code Section 40170.
1.1.105 Premises
“Premises” means any land, building, and/or structure within the City where Solid
Waste is generated or accumulated.
1.1.106 Printing and Writing Papers
“Printing and Writing Papers” include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove
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envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars, brochures,
reports, magazines, and publications, or as otherwise defined in 14 CCR Section
18982(a)(54).
1.1.107 Private Street
“Private Street” means property owned and maintained by a homeowners or
property owners association, individual, or multiple property owners which is used
for vehicular travel by those having express or implied permission or with authority
to do so.
1.1.108 Process
“Process,” or any variation thereof, means the controlled separation, recovery,
volume reduction, conversion, or Recycling of Solid Waste including, but not
limited to, organized, manual, automated, or mechanical sorting, the use of
vehicles for spreading of waste for the purpose of recovery, and/or includes the
use of conveyor belts, sorting lines, or volume reduction equipment, or as
otherwise defined in 14 CCR Section 17402(a)(20).
1.1.109 Prohibited Container Contaminants
“Prohibited Container Contaminants” means the following: (i) Discarded Materials
placed in the Blue Container that are not identified as acceptable Recyclable
Materials for the Blue Container; (ii) Discarded Materials placed in the Green
Container that are not identified as acceptable Source Separated Green Container
Organic Waste for the Green Container; (iii) Discarded Materials placed in the
Black Container that are acceptable Recyclable Materials and/or Source
Separated Green Container Organic Waste to be placed in Green Container and/or
Blue Container; and (iv) Excluded Waste or Special Waste placed in any
Container.
1.1.110 Public Resources Code or PRC
“Public Resources Code” or “PRC” means the California Public Resources Code.
1.1.111 Putrescible Wastes
“Putrescible Wastes” means wastes that are capable of being decomposed by
micro-organisms with sufficient rapidity as to cause nuisances because of odors,
gases, or other offensive conditions, and includes materials such as, but not limited
to Food Waste, offal, and dead animals, or as otherwise defined in 14 CCR Section
17402(a)(21).
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1.1.112 Radioactive Waste
“Radioactive Waste” means radioactive waste regulated pursuant to the State
Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of
Division 104 of the Health and Safety Code).
1.1.113 Rate or Rates
“Rate” or “Rates” means the maximum amount, expressed as a dollar unit,
established by the City as a rate ceiling on the amount that Contractor may bill an
Account for providing specified services under this Agreement. A Rate has been
established by the City for each individual Service Level and the Rates for the
initial Rate Period are presented in Exhibit 1. The Rates are the maximum
amounts that Contractor may charge an Account for a particular Service Level.
The Rates may be adjusted pursuant to Section 5.3.
1.1.114 Rate Period
“Rate Period” means a twelve (12) month period, commencing January 1 and
concluding December 31. The initial Rate Period commences on January 1, 2025
and concludes on December 31, 2025.
1.1.115 Recycle or Recycling
“Recycle” or “Recycling,” or any variation thereof, means the process of Collecting,
sorting, cleansing, treating, and reconfiguring materials for the purpose of returning
them to the economic mainstream in the form of raw material for new, Reused, or
reconstituted products that meet the quality standards necessary to be used in the
marketplace. Recycling includes processes deemed to constitute a reduction of
Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling
does not include gasification or transformation (as defined in Public Resources
Code Section 40201).
1.1.116 Recyclable Materials
“Recyclable Materials” means Source Separated Non-Organic Recyclables and
Source Separated Blue Container Organic Waste. Recyclable Materials does not
include Excluded Waste. As of the Effective Date, the Recyclable Materials that
are acceptable for Processing by the Approved Processing Facility are listed in
Exhibit 7.
1.1.117 Remnant Organic Material
“Remnant Organic Material” means the Organic Waste that is Collected in a Black
Container that is part of the Black Container Collection stream, or as otherwise
defined in 14 CCR 17402(a)(23.5).
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1.1.118 Renewable Natural Gas or RNG
“Renewable Natural Gas” or “RNG” means gas derived from Organic Waste that
has been Diverted from a Landfill and Processed at an in -vessel digestion facility
that is permitted to recover Organic Waste, or as otherwise defined in 14 CCR
Section 18982(a)(62).
1.1.119 Residential Account or Residential Customer
“Residential Account” or “Residential Customer” means an Account for Collection
Services provided to any Residential Premises.
1.1.120 Residential Premises
“Residential Premises” means property which is used for residential purposes
within the City, including Single-Family Premises and Multi-Family Premises
receiving Cart Service. For purposes of this Agreement, Multi-Family Premises
receiving Bin Service shall be treated as “Commercial Premises”.
1.1.121 Residual or Residue
“Residual” or “Residue” means the Solid Waste destined for Disposal, further
transfer/processing (as defined in 14 CCR Section 17402(a)(30) or 14 CCR
Section 17402(a)(31)) which remains after Processing has taken place and is
calculated in percent as the weight of Residual divided by the total incoming weight
of materials.
1.1.122 Reusable Items
“Reusable Items” means items that are capable of being Reused after minimal
Processing. Reusable Items may be Collected Source Separated or recovered
through a Processing Facility. Reusable Items may include, but are not limited to,
clothing, furniture, and/or sporting equipment.
1.1.123 Reuse
“Reuse,” or any variation thereof, means the use, in the same, or similar, form as
it was produced, of a material which might otherwise be discarded, or as otherwise
defined in 14 CCR Section 17402.5(b)(2).
1.1.124 Roll-off Box
“Roll-off Box” means an open-top metal Container or closed compactor box with a
capacity of ten (10) to forty (40) cubic yards provided by Contractor, which is
serviced by a Roll-off truck and Transported to an Approved Facility.
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1.1.125 Roll-off Box Service
“Roll-off Box Service” means Collection Services that are provided using a Roll-off
Box. Roll-off Box Service may be provided on a permanent or temporary basis.
1.1.126 SB 1383
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor of the State
on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and
39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing
with Section 42652) to Part 3 of Division 30 of the Public Resources Code,
establishing methane emissions reduction targets in a statewide effort to reduce
emissions of short-lived climate pollutants.
1.1.127 SB 1383 Regulations
“SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste
Reductions regulations developed by CalRecycle and adopted in 2020 that created
14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR
and 27 CCR.
1.1.128 SB 54
“SB 54” means Senate Bill 54 of 2023 approved by the Governor of the State on
October 8, 2023, which added DIVISION 30. WASTE MANAGEMENT [40000 -
49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) PART 3. STATE
PROGRAMS [42000 - 42999.7] CHAPTER 3. Plastic Pollution Prevention and
Packaging Producer Responsibility Act [42040 - 42084].
1.1.129 Self-Haul or Self-Hauler
“Self-Haul” or “Self-Hauler,” or any variation thereof, means a Person who hauls
Solid Waste, including Green Waste, Recyclable Materials, or Organic Waste that
he or she has generated to an appropriate Processing Facility, or a Person who
Back-Hauls Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(66).
1.1.130 Service Level
“Service Level” refers to the type, number and size of a Customer’s Container(s)
and the frequency of permanent Collection Services, as well as ancillary services
such as lock/unlock service, Container push/pull service, etc.
1.1.131 Sharps
“Sharps” means medical devices that have acute rigid corners, edges or
protuberances capable of cutting or piercing, including but not limited to,
hypodermic needles, hypodermic needles with syringes, needles with attached
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tubing, or acupuncture needles, or as otherwise defined in Public Resources Code
Section 40191.
1.1.132 Single-Family Premises
“Single-Family Premises” means Premises having fewer than five (5) Dwelling
Units. Single Family Premises generally receive individual Cart Collection Services
but may use Bins.
1.1.133 Solid Waste
“Solid Waste” has the meaning in Public Resources Code Section 40191, which
defines Solid Waste as all putrescible and non-putrescible solid, semi-solid waste,
and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, demolition and construction wastes, abandoned vehicles and
parts thereof, discarded home and industrial appliances, dewatered, treated, or
chemically fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semi-solid wastes, and other discarded solid and semisolid
wastes, with the exception that Solid Waste does not include any of the following
wastes:
(1) Hazardous waste, as defined in the Public Resources Code Section
40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control
Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104
of the Health and Safety Code).
(3) Medical waste regulated pursuant to the California Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the Health and Safety Code). Untreated medical waste shall not be
Disposed of in a Landfill. Medical waste that has been treated and deemed
to be solid waste shall be regulated pursuant to Division 30 of the Public
Resources Code.
For purposes of this Agreement “Solid Waste” does not include Excluded Waste.
1.1.134 Source Separated
“Source Separated” means materials, including comingled recyclable materials,
that have been separated or kept separate from the Solid Waste stream, at the
point of generation, for the purpose of additional sorting or Processing those
materials for Recycling or Reuse in order to return them to the economic
mainstream in the form of raw material for new, Reused, or reconstituted products,
which meet the quality standards necessary to be used in the marketplace, or as
otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this
Agreement, Source Separated shall include separation of materials by the
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Generator, Owner, Owner’s employee, property manager, or property manager’s
employee into different Containers for the purpose of Collection and Processing.
1.1.135 Source Separated Blue Container Organic Waste or 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 that Organic Waste and Source Separated Non-Organic
Recyclables, or as otherwise specified in 14 CCR Section 17402(a)(26.7). As of
the Effective Date, Source Separated Blue Container Organic Waste excludes
Excluded Waste, Source Separated Green Container Organic Waste, textiles,
carpets and Non-Compostable Paper but includes Paper Products and Printing
and Writing Papers. The materials listed in Exhibit 7 are the materials that are
acceptable for placing in a Blue Container as of the Effective Date . City and
Company agree to meet from time to time as needed to discuss additions or
deletions from such list. Company may request removal of materials from the list;
any such action requires the prior written approval of the City Manager.
1.1.136 Source Separated Green Container Organic Waste or SSGCOW
“Source Separated Green Container Organic Waste” or “SSGCOW” means
Source Separated Organic Waste, including Food Waste, that can be placed in a
Green Container that is limited to the Collection of that Organic Waste, consistent
with three-Container collection service as described in 14 CCR Section 18984.1(a)
and (d). As of the Effective Date, Source Separated Green Container Organic
Waste excludes Excluded Waste, Source Separated Blue Container Organic
Waste, textiles, carpets, and Non-Compostable Paper. The materials listed in
Exhibit 8 are the materials that are acceptable for placing in a Green Container as
of the Effective Date. City and Company agree to meet from time to time as
needed to discuss additions or deletions from such list. Company may request
removal of materials from the list; any such action requires the prior written
approval of the City Manager.
1.1.137 Special Waste
“Special Waste” means, Solid Waste that is a “designated waste” under Applicable
Law, is required to be accompanied by a written manifest or shipping document
describing the waste under Applicable Law, or requires special handling at any
Processing Facility or Disposal Facility.
1.1.138 State
“State” means the State of California.
1.1.139 Temporary Service
“Temporary Service” means Bin Service or Roll-off Box Service provided by
Contractor to Premises on a temporary, as-needed basis.
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1.1.140 Tier One Commercial Edible Food Generator
“Tier One Commercial Edible Food Generator” has the meaning in 14 CCR Section
18982(a)(73).
1.1.141 Tier Two Commercial Edible Food Generator
“Tier Two Commercial Edible Food Generator” has the meaning in 14 CCR Section
18982(a)(74).
1.1.142 Ton, Tons or Tonnage
“Ton,” Tons or “Tonnage” means a unit of weight equal to two thousand (2,000)
pounds (907.18474 kg).
1.1.143 Transfer
“Transfer,” or any variation thereof, means the act of transferring materials
Collected by Contractor from Contractor’s Collection vehicles into larger vehicles
at a Transfer Facility to more efficiently Transport to other Approved Facilities for
Processing or Disposal of such materials.
1.1.144 Transformation
“Transformation” means incineration, pyrolysis, distillation, gasification, or
biological conversion other than Composting.
1.1.145 Transport or Transportation
“Transport” or “Transportation,” or any variation thereof, means the act of
conveying Collected materials from one location to another.
1.1.146 Universal Waste
“Universal Waste” means waste materials that are conditionally exempt from
classification as Hazardous Waste pursuant to 22 CCR Section 66261.9,
including but not limited to: (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.
ARTICLE 2.
GRANT AND ACCEPTANCE OF FRANCHISE
2.1 Grant and Acceptance of Franchise; Termination of Prior Agreements
A. Subject to the terms and conditions of this Agreement, City grants to
Contractor an exclusive franchise to Collect, Transfer, Transport, Recycle,
Process, and Dispose in a lawful manner of all Solid Waste generated at all
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Residential Premises, Commercial Premises and City Facility Premises in
the City, on a permanent or temporary basis.
B. Contractor accepts the franchise on the terms and conditions set forth in
this Agreement.
C. The Parties agree that, upon the Operative Date, this Agreement
supersedes all prior agreements related to the subject matter hereof,
including the Prior Agreement, and that all such prior agreements, including
the Prior Agreement, are of no further force or effect, except for indemnity
obligations arising under the prior agreements before the Operative Date
and any other provisions of the prior agreements, including the Prior
Agreement, which were declared therein to survive the expiration or
termination thereof.
D. The exclusive franchise granted by this Agreement includes the right of
Contractor to conduct business on the public rights -of-way in the City in
order to carry out its obligations hereunder, including by allowing the
placement and/or storage of its Containers in public rights-of-way; allowing
Collection vehicles to drive at a pace and repeatedly stop in public rights -
of-way in a manner which disrupts traffic to the degree reasonably
necessary to carry out its obligations hereunder, and which actions would
otherwise be prohibited as a violation of laws applicable to the general
public; and Collecting, delivering and otherwise servicing Containers within
public rights-of-way and disrupting traffic as may be reasonably necessary
to do so; and the right to encroach on public rights-of-way for the foregoing
purposes without an encroachment permit issued to Contractor or the
Customers; provided that City may limit Contractor’s’ rights to use public
rights-of-way as necessary for the protection of health, safety and public
welfare and provided further that Contractor must take reasonable steps to
schedule Collection of Containers in a manner designed to minimize the
impact on the flow of traffic.
2.2 Exclusive Nature of Franchise
A. During the term of this Agreement, except as otherwise provided in
Section 2.7, or as may otherwise be provided by Applicable Law, the rights
granted to Contractor under this Agreement will be exclusive to Contractor.
B. City will protect Contractor’s exclusive rights by appropriate ordinances and
by reasonable enforcement of those ordinances. If, at the request of
Contractor, City takes administrative, law enforcement, or other legal action
against any Person who infringes on Contractor’s exclusive rights,
Contractor shall reimburse City for its administrative, law enforcement, or
legal costs related to any such action. City staff costs shall be reimbursed
at rates contained in City’s staff billing rates adopted by the City Council in
effect at the time City’s costs were incurred. Nothing herein precludes
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Contractor from taking such legal action against third parties as it deems
appropriate to protect its rights under this Agreement.
2.3 Operative Date
The Operative Date of this Agreement is January 1, 2025. The Operative Date is
the date upon which Contractor shall commence to provide Solid Waste Collection
Services that are authorized by this Agreement.
2.4 Term of Agreement
The term of this Agreement commences on the Operative Date and expires on
December 31, 2036 (the “Term”), unless earlier terminated pursuant to Article 8 or
otherwise.
2.5 Conditions to Effectiveness of Agreement and Operative Date
The effectiveness of this Agreement and the performance of City’s obligations as
of the Operative Date, are subject to the satisfaction of all conditions set out below,
any of which may be waived by City in whole or in part:
A. Accuracy of Representations. Representations and warranties made by
Contractor in this Agreement are true and correct as of the Effective Date
and Operative Date.
B. Furnishing of Insurance, Bonds, and Guaranty. On or before the
Operative Date, Contractor has furnished evidence satisfactory to the City
Manager of the insurance and bonds required by Article 7, and the guaranty
required by Section 7.9, together with evidence satisfactory to the City
Attorney that the Person(s) executing the bonds and guaranty are
authorized to do so and to bind the principal, surety, and guarantor, as the
case may be.
C. Effectiveness of the City Council Action. City’s resolution approving this
Agreement has become effective under State law prior to the Operative
Date.
D. Real Property Transaction - 125 Acres. (i) Waste Management of
California, Inc. and City have executed the Purchase and Sale Agreement
effective as of June 20, 2018, providing for the conveyance to City of
approximately 125 acres located in the City and held by Waste
Management of California, Inc., and (ii) City and California Resources
Production Corporation, a Delaware corporation, as agent of and operator
for its affiliate California Resources Petroleum Corporation, a Delaware
corporation, shall have executed the Surface Waiver Agreement
substantially in the form attached to the Purchase and Sale Agreement as
Exhibit D. The location of the 125 acre site is generally depicted on Exhibit
6. The Parties acknowledge and agree that the conditions set forth in this
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paragraph D were conditions to the effectiveness of the Prior Agreement,
that such conditions have been satisfied, and that such conditions are set
forth herein solely for historical reference.
E. Real Property Transaction - 131 Acres. (i) Waste Management of
California, Inc. and City have executed a Purchase and Sale Agreement
providing for the conveyance to City of approximately 131 acres located in
the City and held by Waste Management of California, Inc., and (ii) City and
California Resources Production Corporation, a Delaware corporation, as
agent of and operator for its affiliate California Resources Petroleum
Corporation, a Delaware corporation, shall have executed the Surface
Waiver Agreement substantially in the form attached to the Purchase and
Sale Agreement as Exhibit E. The 131 acre site is located adjacent to the
125 acre site referenced in Section 2.5.D, and is generally depicted on
Exhibit 6. The Purchase and Sale Agreement for the 131 acre site shall be
substantially similar to the Purchase and Sale Agreement for the 125 acre
site, except that it shall provide for a 120 day escrow period. The purchase
price shall be consistent with Section 4 of that certain Memorandum of
Understanding between City and GI Industries dated December 6, 2017,
including Section 4.b (regarding the one acre portion to be conveyed at no
cost to City). The Parties acknowledge and agree that the conditions set
forth in this paragraph E were conditions to th e effectiveness of the Prior
Agreement, that such conditions have been satisfied, and that such
conditions are set forth solely for historical reference.
F. Local Street Access Agreement. The extension of the term of the Local
Street Access Agreement between City and Waste Management of
California, Inc. to not earlier than December 31, 2036.
2.6 Delegation of Authority
The administration of this Agreement by City will be under the supervision and
direction of the City Manager. Any and all actions specified in this Agreement,
unless otherwise stated, will be taken by the City Manager.
2.7 Limitations on Scope of Franchise
A. The franchise granted to Contractor is exclusive, except for the categories
of Solid Waste listed in this Section 2.7. The granting of this franchise does
not preclude the categories of Solid Waste listed below from being delivered
to, Collected, and Transported by others, provided that no Person is
excused from obtaining from City any authorization that is required by
Applicable Law:
1. Recyclable Materials or Organic Waste that a Customer donates or
sells to other Persons. In either instance: (1) the Recyclable Materials
or Organic Waste must be Source Separated from and not mixed with
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other Solid Waste; and (2) the Customer, as the seller/donor, may not
pay or receive consideration of any kind from the buyer/donee of such
material for Collecting, Processing or Transporting such Recyclable
Materials or Organic Waste. A discount, off-set, or reduction in the
price for Collection, Disposal and/or Recycling services for any form
of un-segregated or segregated Solid Waste is not a sale or donation
of Recyclable Materials or Organic Waste and such Solid Waste does
not qualify for this exception. This section does not limit the sale of
Recyclable Materials delivered for Recycling under the California
Beverage Container Recycling Act, Section 14500, et seq.
2. Solid Waste, including Recyclable Materials, Green Waste,
Construction and Demolition Debris, and Organic Waste, which is
Self-Hauled from any Premises by the Customer, and which is
Transported personally by the Customer (or by the Customer’s full-
time employees) to a properly permitted Processing or Disposal
Facility.
3. Bulky Items removed from a Single-Family Premises by a property
cleanup or maintenance company as an incidental part of a total
cleanup, delivery, or maintenance service offered by such property
cleanup or maintenance company rather than as a hauling service.
4. Green Waste removed from a Residential or Commercial Premises
by a gardening, landscaping, or tree trimming company using its own
equipment and employees as an incidental part of a total service
offered by such company, as opposed to a hauling service.
5. Green Waste generated by an agricultural use on a lot where such
use is permitted pursuant to applicable provisions of the Municipal
Code, and where such Green Waste is Self-Hauled personally by the
Customer (or by the Customer’s full-time employees) to a properly
permitted Processing Facility.
6. Construction and Demolition Debris removed from a Residential or
Commercial Premises that is incidentally removed by a duly-licensed
construction or demolition company as part of a total service offered
by such licensed company, and where the licensed company uses
its own equipment and employees, as opposed to a hauling service.
7. Animal waste and remains from any slaughterhouse or butcher shop
for use as tallow.
8. By-products of sewage treatment, including sludge, sludge ash, grit
and screenings.
9. Except as otherwise provided herein, Hazardous Substances,
Hazardous Waste, untreated Medical Waste, infectious waste,
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biohazardous waste, and Radioactive Waste, Special Waste, and
used Source Separated cooking fats, oils, grease and similar waste,
regardless of its source.
10. The casual or emergency Collection, removal, Disposal, or Diversion
of Solid Waste by City through its officers or employees in the normal
course of their employment.
11. Universal Waste
12. Edible Food which is Collected from a Customer by a Food Recovery
Organization or a Food Recovery Service for the purpose of Food
Recovery, or which is Self-Hauled by the Customer to a Food
Recovery Organization (or an individual working on behalf of a Food
Recovery Organization).
13. On-site or Community Composting.
14. Solid Waste generated at facilities owned by governmental agencies
other than City in the City, over which City has no jurisdiction in
connection with regulation of Solid Waste.
B. Contractor acknowledges that City may permit other Persons besides
Contractor to Collect the types of Solid Waste listed in this Section 2.7
without obtaining any approval of Contractor.
C. The grant to Contractor of this exclusive franchise will be interpreted in a
manner consistent with Applicable Law. The scope of this exclusive
franchise will be limited by current and developing state and federal laws
with regard to Solid Waste handling, control of Recyclable Materials, Solid
Waste flow control, and related matters. If future interpretations of current
law, or the enactment of new laws or local ordinances, limit the ability of City
to lawfully provide for the scope of franchise services specifically set forth,
Contractor agrees that the scope of the franchise will be limited to those
services that may be lawfully provided; and City will not be responsible for
any lost profits that may be claimed by Contractor. In that event, it is the
responsibility of Contractor to minimize the financial impact to whatever
extent is reasonably feasible.
2.8 City’s Right to Direct Changes
2.8.1 General
City may direct Contractor to undertake additional obligations, perform additional
services (including, but not limited to, new Diversion programs) or modify the
manner in which existing services are performed or billed. This includes
implementing pilot programs or innovative services that may involve new
Collection methods, different types of services, or new requirements for
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Customers. Contractor shall be eligible for a compensation adjustment for
providing such additional or modified services and/or changed or additional
obligations, provided that Contractor satisfactorily demonstrates to City in
accordance with Section 5.3 that its costs of providing services and/or undertaking
obligations have increased due to the additional or modified services and/or
obligations. Any Rate Adjustment shall be in accordance with Section 5.3.
2.8.2 Proposal For Additional or Modified Services
In conjunction with the requirements of subsection 2.8.1, Contractor must present,
within thirty (30) calendar days of a written request from City, a proposal to provide
additional or expanded services. The proposal must contain a complete
description of the following:
• Collection methodology to be employed (equipment, staff resources, etc.);
• Equipment to be used (vehicle number, types, capacity, age, etc.);
• Labor requirements (number of employees by classification);
• Type of Containers to be used;
• Program publicity, education, and 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; and
• Any other information reasonably requested by City.
2.8.3 City’s Right to Acquire Services
Contractor acknowledges that City may permit other Persons to provide additional
Solid Waste Collection Services not otherwise provided for in this Agreement. If
Contractor and City cannot agree on terms and conditions for additional services
or expanded services within ninety (90) calendar days from the date when City
first requests a proposal from Contractor to perform those services pursuant to
subsection 2.8.2, City may authorize Persons other than Contractor to provide
those services. If City exercises its right to authorize third parties to provide those
services, and if that decision reduces or eliminates Contractor’s Collection
Services as contemplated under Article 3 of this Agreement, Contractor will reduce
its billings proportionately.
2.9 Ownership of Solid Waste
Except as otherwise provided in Applicable Law, when Solid Waste is placed at
the designated Collection location, ownership and the right to possession will
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transfer directly from the Customer to Contractor by operation of this Agreement.
Subject to Contractor’s obligation to assist City in meeting the Diversion, source
reduction and Recycling goals that apply to City, and City’s rights under Sections
3.6 and 3.7 and subsection 3.9.6, Contractor has the right to retain, Recycle,
Process, Dispose of, and otherwise Reuse that Solid Waste, or any part thereof,
in any lawful fashion or for any lawful purpose. Subject to the provisions of this
Agreement, Contractor has the right to retain any benefit resulting from its right to
retain, Recycle, Process, Dispose of, or Reuse the Solid Waste that it Collects.
City may obtain ownership or possession of Solid Waste placed for Collection upon
written notice of its intent to do so; however, nothing in this Agreement may be
construed as giving rise to any inference that City has such ownership or
possession unless written notice has been given to Contractor. Nothing in this
Agreement shall require Contractor to take posse ssion of or title to Excluded
Waste.
2.10 Contractor Status
Contractor represents and warrants that it is duly organized, validly existing, and
in good standing under the laws of Utah, that it is qualified to transact business in
the State of California and has all necessary licenses, permits, and certifications
to provide the services required by this Agreement.
2.11 Contractor Authorization
Contractor represents and warrants that:
- Contractor is authorized to enter into and perform its obligations
under this Agreement;
- The Board of Directors of Contractor has taken all actions required
by law, the articles of incorporation, the bylaws, or otherwise, to
authorize the execution of this Agreement; and
- The persons signing this Agreement on behalf of Contractor have
authority to do so.
2.12 Annexations
This Agreement will extend to any territory annexed to City during its Term, except
to the extent that Collection by Contractor within that annexed territory would
violate the provisions of Public Resources Code Section 49520. In that event, this
Agreement will become effective as to that area at the earliest possible date
authorized by Applicable Law; and City will cooperate with Contractor to fulfill any
requirement necessary for Contractor to serve the annexed area consistent with
this Section. If territory is annexed to the City, Contractor shall be eligible for a
compensation adjustment under Section 2.8 provided that Contractor satisfactorily
demonstrates to City pursuant to Section 5.3 that its costs of providing Collection
Services in the annexed territory exceed the increased revenues Contractor
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expects to receive on account of providing Collection Services to Customers in
the annexed territory. Any Rate adjustment shall be in accordance with Section
5.3.
ARTICLE 3.
DIRECT SERVICES
3.1 Solid Waste Collection Services
A. The work to be performed by Contractor pursuant to this Agreement shall
include, but is not limited to, the furnishing of all labor, supervision,
equipment, materials, supplies, and other items necessary to perform the
services required. The designation of, and specification of requirements
for, particular items of labor or equipment does not relieve Contractor of the
duty to furnish all others, as may be required, whether or not identified
elsewhere in this Agreement.
B. The work to be performed by Contractor will be performed in a thorough and
professional manner so that Customers within the City are provided with
reliable, courteous, and high-quality Solid Waste Collection Services at all
times during the Term of this Agreement.
C. As of the Operative Date, Contractor shall provide a three-Container
Collection Services program for the separate Collection of Recyclable
Materials, Source Separated Green Container Organic Waste and Black
Container Waste, as set forth herein, using Containers that comply with
Applicable Law, and subsection 3.5.3.
3.1.1 Three-Container System (Black, Blue, and Green Containers)
A. General. Upon the Operative Date, Contractor shall provide a three -
Container Collection Services program to all Accounts for the separate
Collection of Recyclable Materials, SSGCOW, and Black Container Waste
as specified in this Section, using Containers that comply with the
requirements of subsection 3.5.3. Black Containers, Blue Containers and
Green Containers shall be Collected on the same day of service for
Residential Accounts. The Service Levels, Rates and sizes and types of
Containers are shown in Exhibit 1.
B. Frequency of Collection. Collection of Carts and Bins will take place not
less than once each calendar week. Not more than seven (7) days shall
elapse between Collections, except that not more than eight (8) Business
Days shall elapse between Collections due to a Holiday in accordance with
Section 3.5.1. Contractor must service Containers for Commercial
Premises receiving permanent service at least once each calendar week,
or more frequently upon Account request.
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C. Location of Containers. Collection of Carts will take place at the curbside.
Special consideration will be given when determining the pick-up area for
Bins and Roll-off Boxes to ensure that the flow of traffic is not unreasonably
impeded. Contractor shall deliver and Collect temporary Containers at the
direction of the Account, and shall notify City prior to delivering temporary
Containers placed within the public right-of-way.
D. Solid Waste Container Waste Collection (Black Container). Contractor
shall provide Black Containers to all Accounts for Collection of Black
Container Waste, and shall provide Black Container Waste Collection
Services as described in this Agreement. Contractor shall Transport the
Black Container Waste to the Approved Disposal Facility as specified in
subsection 3.9.1.
E. Recyclable Materials Collection (Blue Container). Contractor shall
provide Blue Containers to all Accounts for Collection of Recyclable
Materials and shall provide Recyclable Materials Collection Services, as
described in this Agreement. Contractor shall Transport the Recyclable
Materials to an Approved Source Separated Recyclable Materials
Processing Facilities as specified in subsection 3.9.2. Recyclable Materials
that are to be accepted for Collection in the Blue Container as of the
Effective Date are included in Exhibit 7.
F. Organics Materials Collection (Green Container). Contractor shall
provide Green Containers to all Accounts for Collection of Source
Separated Green Container Organic Waste and shall provide Source
Separated Green Container Organic Waste Collection Services, as
described in this Agreement. Contractor sha ll Transport the Source
Separated Green Container Organic Waste to the Approved Organic Waste
Processing Facility as specified in subsection 3.9.3. Source Separated
Green Container Organic Waste that is to be accepted for Collection in the
Green Container include Food Waste (which may be disposed of in
Compostable Plastic bags in the Green Container) and Green Waste. The
materials listed in Exhibit 8 are the materials that are acceptable for placing
in a Green Container as of the Effective Date.
G. Construction and Demolition Debris. Contractor shall make reasonable
efforts to prevent Construction and Demolition Debris that is suitable for
Recycling from being taken to a Landfill by Transporting it to an Approved
Construction and Demolition Facility where it will be processed for Reuse.
3.1.2 Roll-off Service
A. Contractor shall provide temporary Roll-off Service to Residential Premises
and permanent or temporary Roll-off Service to Commercial Premises for
amounts not to exceed the Rates set forth in Exhibit 1 at the request of the
Account and shall, at the request of City, notify the City prior to or after, as
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specified by City, delivering temporary Roll-off Boxes placed within the
public right-of-ways.
B. Contractor shall provide extra services desired by Accounts receiving Roll -
off Service, including extra pick-ups, relocation of Containers, and use of
compactors, for amounts not to exceed the Rates set forth in Exhibit 1.
Contractor may charge for trip charges where the Account refuses service.
C. Roll-off Boxes may be placed in the public right-of-way in front of
Customer’s Premises but Contractor shall use commercially reasonable
efforts to not unnecessarily block the view of any traffic or regulatory signs
or otherwise create a hazard to public safety. A Roll -off Box shall not be
placed in the public right-of-way for more than thirteen (13) consecutive
calendar days. Contractor shall not be required to receive an
Encroachment Permit from City for Roll-off Boxes, provided Contractor
maintains all insurance coverages provided for in Section 7.5.
D. Contractor shall provide Roll-off Boxes that conform with the color and label
requirements in subsection 3.5.3. Contractor shall Transport the Roll -off
Boxes to the Approved Facilities as specified in subsection 3.9.
E. In accordance with Public Resources Code Section 42649.2, as of the
Effective Date, certain Multi-Family Premises and Commercial Premises
are required to arrange for the Recycling of Recyclable Materials through,
among other means, Collection by Contractor. Contractor shall make
diligent good faith efforts to maximize participation in Recyclable Materials
Collection at these Premises as detailed in Section 4.3.
3.1.3 Contractor Marketing and Sale of Recyclable Materials
Contractor is responsible for the marketing and sale of all Recyclable Materials
collected under this Agreement.
3.2 Additional Services to Customers
3.2.1 On-Call Bulky Items Pick-up
A. Contractor will provide Bulky Items pick-up service to Single-Family
Premises, which are entitled to three (3) pick-ups per Single-Family
Premises per calendar year with up to four (4) items collected per pick -up
at no extra charge. Contractor will provide Bulky Items pick-up services to
Customers at Multi-Family Premises, which are entitled to three (3) pick-
ups per Multi-Family Premises (not per Dwelling Unit) per calendar year
with up to four (4) items collected per pick-up at no extra charge.
B. Contractor will provide additional Bulky Items pick-ups, or additional items
per Bulky Items pick-up for Single-Family and Multi-Family Premises. Any
such additional pick-ups or additional items per pick-up for Single-Family
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and Multi-Family Customers shall be charged at amounts not to exceed the
Rates set forth in Exhibit 1.
C. Commercial Premises, upon request of the individual Owner, will receive
Bulky Items pick-up service for amounts not to exceed the Rates set forth
in Exhibit 1, except as provided in subsection 3.2.1.B.
D. Customers must provide Contractor with at least two (2) Business Days’
notice in advance of any Bulky Items pick up, and the Bulky Items will be
Collected on the Customer’s next regular Collection day or a scheduled
appointment day agreed upon by Customer and Contractor.
E. Contractor shall not be required to remove any items that cannot be safely
handled by two (2) persons.
F. Bulky Items Collected by Contractor may not be landfilled or Disposed of
until the following hierarchy has been followed by Contractor:
1. Reuse as is (if energy efficient).
2. Disassemble for Reuse or Recycling.
3. Recycle (through participation of charitable organizations).
4. Transport acceptable Green Waste to the Approved Organic Waste
Processing Facility for Processing.
5. Transport acceptable Paper Products to the Approved Source
Separated Recyclying Materials Processing Facility for Processing.
6. Disposal.
7. Green Waste Collected in the Bulky Items program must be handled
in accordance with the SB 1383 Regulations and the Organic Waste
Processing requirements of this Agreement.
3.2.2 Move In/Move Out Service
Contractor shall provide services in addition to normal Solid Waste Collection
Services to Residential Premises as they move in or move out of residences for
an amount not to exceed the Rate set forth in Exhibit 1. Customers shall be
required to provide Contractor with at least three (3) Business Days ‘notice to
initiate such service. Contractor shall be responsible for recording move in/move
out service requests and materials Collected, and Contractor understands that
manual loading may be required to accommodate move in/out requests—provided
that Contractor shall not be required under any circumstances to Collect any waste
or material that would not otherwise qualify as a Bulky Item under this Agreement,
exceeds 100 pounds, and/or cannot be safely lifted by two (2) persons. Contractor
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shall accommodate the greater quantities of Solid Waste than are customarily
generated upon Residential Premises at move in and move out by allowing up to
twice the normal quantities of these materials to be placed out at the curb and
Collected as part of such service. Contractor shall Collect excess quantities of
material set out for Collection for an amount not to exceed the Rate set forth in
Exhibit 1.
3.2.3 Scout Service
Contractor shall offer scout service to Customers requesting assistance to obtain
service for streets that are too narrow and/or fragile for a standard Collection
vehicle and does not provide sufficient space to place the Cart at the street on a
Collection day. Scout service shall be provided to move a Customer’s Carts to a
serviceable location before pick-up and return the Carts to their original location
and shall be offered for an amount not to exceed the Rate set forth in Exhibit 1.
Contractor understands that manual service will be required to perform scout
service.
3.2.4 Holiday Tree Collection Program
At no additional charge to City or Customers, Contractor shall advertise, Collect,
Transport, and Divert from Landfill Disposal holiday trees which are placed at the
curbside at all Residential Premises on the two (2) regularly-scheduled Collection
days following December 25. Contractor shall deliver the Collected Holiday Trees
to the Approved Organic Waste Processing Facility for Processing, except that
Contractor is not required to Divert artificial holiday trees, or trees containing
decorations, ornaments, tinsel, debris, stands, flocking, or other foreign matter.
Contractor shall also provide at no additional charge to the City or Customers, two
(2) forty (40)-cubic yard Roll-off Boxes for Collection of Holiday Trees during the
two (2) weeks following December 25 at locations in the City to be determined by
the Parties. Contractor shall provide the City with weight tickets from the Approved
Organic Waste Processing Facility within thirty (30) calendar days.
3.2.5 Holiday Cleanup Service
At no additional charge to City or Customers, Contractor shall provide, sponsor,
and promote, an extra service program each year for the two (2) regularly
scheduled Collection days following December 25, where Single Family
Customers with Cart Service can place up to three (3) large bags or their
equivalent volume of containerized Discarded Materials at the curb; and Contractor
shall service this waste manually. A billing insert shall be produced by Contractor
and approved by City outlining the program and shall be included in the November
bill.
3.2.6 Free Landfill Days
For the calendar year commencing on January 1, 2025 and each calendar year
thereafter, Contractor shall provide, sponsor, and promote, at no additional charge
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to City or Customers, or tenants thereof, two (2) free Landfill days per calendar
year at the Simi Valley Landfill & Recycling Center on dates agreed upon by both
Parties (“Free Landfill Days”). Customers at Residential Premises shall be entitled
to bring and dispose of Black Container Waste and Construction and Demolition
Debris generated at Residential Premises for a six (6)-hour pre-determined time
period agreed on by both Parties, on Free Landfill Days. Contractor shall diligently
work to Divert as much material as possible from these events and work with non-
profit agencies to provide Reuse of material whenever possible. Contractor shall
provide reports to City no later than thirty (30) calendar days after each Free
Landfill Day to include number of participants, types of materials received,
Tonnages of material received, and Diversion statistics. Participation shall be
limited to City residents presenting reasonable evidence of City residency.
3.2.7 Information for New Customers
Contractor shall provide, at the time it begins Collection Services to a new
Customer, written instructions and rules as to the procedures for Solid Waste
Collection. This service shall be at no cost to City or Customer.
3.2.8 Sharps Collection
Contractor shall provide Sharps containers to Single Family Customers, with a limit
of one per household for the Collection of Sharps at no charge to City or the
Customers. Sharps containers shall be delivered to residents’ doors within one (1)
week of request. Sharps containers shall be pre-paid mail back containers boxes
which are approximately 1.4 quarts in size. Contractor shall develop and distribute
public education materials to promote this program, including promoting this
program through its website and other outreach activities. Upon the Effective Date,
the value of this program is up to Ten Thousand Dollars ($10,000.00) per year and
will be adjusted annually, beginning on January 1, 2026, based on the Consumer
Price Index in accordance with subsection 5.3.1 B. Single Family Customers will
receive Sharps containers on a first come, first serve basis each year until the
value of the program is reached.
3.2.9 Household Batteries Collection
At no additional cost to City or Customers, Contractor shall sponsor, promote and
provide up to one hundred and four (104) (equivalent to two (2) five (5)-gallon
buckets) Battery Recycle by Mail Buckets annually for the Collection of Household
Batteries at four (4) designated drop-off sites within the City, with the drop-off sites,
and number of buckets to be used at each drop -off site determined by City.
Contractor shall Collect the contents of the buckets at each drop -off site at least
bi-weekly. Contractor shall Recycle Household Batteries or deliver them to a
permitted Hazardous Waste Facility. Upon the Effective Date of this Agreement,
the value of this program is up to Fifteen Thousand Dollars ($15,000.00) per year
and will be adjusted annually, beginning on January 1, 2026, based on the
Consumer Price Index in accordance with subsection 5.3.1B.
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3.2.10 Other Services
Contractor shall provide other services desired by Accounts that are set forth in
Exhibit 1, such as use of Bins with hasps, or locks, for amounts not to exceed the
Rates set forth in Exhibit 1. Contractor may provide other optional services
requested by Customers to Customers for which a Rate is not provided in Exhibit
1 for an amount to be negotiated between Contractor and the Customer.
3.3 Additional Services to City
Contractor and City acknowledge and agree that Contractor voluntarily agrees to provide
Collection Services to the City at no cost, as described below.
3.3.1 Collection From City Facility Premises
At no cost to City, Contractor shall provide Solid Waste Collection Services,
including Recyclable Materials Collection and Source Separated Organic Waste
Collection, and furnish sufficient Containers, as determined by the City Manager,
for regularly-scheduled permanent Collection Services at all City Facility Premises.
The list of City Facility Premises upon the Effective Date is set forth in Exhibit 2.
Contractor shall service the Containers on the schedule set forth in Exhibit 2. This
list may be amended from time to time by the City Manager to add City Facility
Premises acquired by City or to delete City Facility Premises no longer owned by
City, or to adjust the Service Levels as needed if additional waste is generated. In
the event of any such modification to the services provided by Contractor to City
Facility Premises, Contractor shall be eligible for a compensation adjustment under
Section 2.8 provided that Contractor satisfactorily demonstrates to City pursuant
to Section 5.3 that its costs of providing Collection Services at City Facility
Premises have increased due to the addition of City Facility Premises and/or the
adjustment of Service Levels.
3.3.2 Roll-off Containers for City Use for Events Sponsored or Co-
Sponsored by City.
Annually, at City’s direction, Contractor shall provide up to ten (10) forty (40)-cubic
yard Roll-off Box Collections of Discarded Materials (as determined by the City
Manager) at no cost to City for community and special events which are sponsored
or co-sponsored by City and are detailed in Exhibit 2. Solid Waste Collected
pursuant to this subsection 3.3.2 shall be Diverted from Disposal in the Landfill to
the maximum extent possible. Contractor shall provide street sweeping services
before and after an event sponsored or co-sponsored by City in accordance with
the applicable specifications set forth in Exhibit 3 at no cost to City.
3.3.3 Abandoned Items Collection
At no cost to City, Contractor shall Collect or cleanup abandoned items and non -
hazardous spilled waste on City public rights-of-way, or City Facility Premises,
within one Business Day from notification by City, except in emergency situations
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where immediate cleanup is required. An emergency means when the City
Manager determines that it is reasonably necessary to Collect or clean up spilled
or illegally dumped non-hazardous waste before the next Business Day in order to
protect the environment from contamination, or to preserve the public peace,
health, safety, or welfare. Abandoned items Collected pursuant to this Section
shall be processed in accordance with the Recycling hierarchy detailed in
subsection 3.2.1.F.
3.3.4 Freeway Litter Control
Contractor agrees to coordinate with Caltrans to provide, at no cost to City, a litter
control program along the 118 Freeway from the City limits east of Collins Drive to
Los Angeles Avenue, and on the 23 Freeway from Tierra Rejada Road to Los
Angeles Avenue, such that there is no gap between the Freeway Litter Control
program provided by Contractor to the Cities of Moorpark and Simi Valley. The
plan shall include litter removal on at least a twice per month basis and include the
full freeway interchanges within the program area. Contractor shall provide
monthly reports to City of the schedule of litter removal, the amount of litter
Collected, and the Facility(ies) where the litter was Processed or Disposed for the
prior month. Provided, however, in the event that Contractor is unable to acquire
from Caltrans the permit required to implement the litter control program,
Contractor shall instead provide monthly reports to City documenting that the
Contractor made a diligent effort to obtain the required perm it, including summaries
of all written and oral communications between Contractor and Caltrans related to
the permit for the prior month. If the City determines that Contractor has obtained
the necessary Caltrans permit and successfully implemented the litter control
program, City may change the frequency of reports required by this subsection
3.3.4 from monthly to quarterly.
3.3.5 Street Container Service
Contractor, upon request by City, agrees to provide Collection of street Containers
placed by City along sidewalks, at a frequency to be agreed upon by City and
Contractor. City agrees to consult with Contractor with respect to the locations of
street Containers, to avoid areas with insufficient space for Collection using a
standard Collection vehicle, or in high traffic areas. In the event City makes such
request, Contractor shall be eligible for a compensation adjustment under Section
2.8 provided that Contractor satisfactorily demonstrates to City in accordance with
Section 5.3 its costs of providing Collection of street Containers along sidewalks.
Any Rate Adjustment shall be in accordance with Section 5.3.
3.3.6 Street Sweeping
Contractor will provide street sweeping services within the City in accordance with
the specifications set forth in Exhibit 3 at no cost to City. Contractor will commence
providing street sweeping services upon the Operative Date. Contractor shall be
eligible for a compensation adjustment under Section 2.8 if the number of curb
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miles swept or the cost per mile swept substantially increases pursuant to
Contractor’s street sweeping sub-contract with a third party without a proportional
increase in the number of Customers serviced by Contractor under this Agreement
during the same time period. The compensation adjustment requires Contractor
to satisfactorily demonstrate to City in accordance with Section 5.3 that its costs
have increased due to such increase in number of curb miles swept or such
increase in the cost of miles swept. Any Rate adjustment shall be in accordance
with Section 5.3. Contractor and City shall meet and confer in good faith to
determine the increase in the number of curb miles and the resulting adjustment
to the Rates.
Contractor shall provide City quarterly reports to City of street sweeping services
undertaken by Contractor, including areas serviced, the dates and times of service,
the amount of debris Collected, Diverted, and Disposed, and the debris Disposal
location.
3.3.7 Compost Bin Distribution Program
City shall purchase, promote, and sell, and Contractor shall, at no additional cost
or expense to City or Customers, store and distribute, compost bins to Customers,
at City’s request within fourteen (14) calendar days of City’s request.
3.3.8 Community Clean-Up Events
Annually, at City’s direction, Contractor shall provide, at no additional cost to City
or Customers, or tenants thereof, five (5) community clean-up events for residents
of the City, at a time and place as Contractor and City may reasonably agree. Each
event shall be for a period of four (4) hours, or until when the Roll -off Boxes are
at capacity, whichever is sooner. Contractor shall provide two (2) forty (40)-cubic
yard Roll-off Boxes at each event, with the Roll-off Boxes to be clearly labeled to
indicate the primary materials accepted, the primary materials prohibited, and the
types of items that are Prohibited Container Contaminants. Contractor shall
provide one employee to manage the events, including directing entry and exit of
residents from the events. Residents may bring a single load of up to two (2) cubic
yards total of Source Separated Black Container Waste, Green Waste, or
Recyclable Materials per event using their personal vehicle. Residents shall
provide proof of residency to Contractor prior to entry to an event. Materials
Collected during such events pursuant to this subsection shall be Diverted from
Disposal in the Landfill to the maximum extent possible , and Contractor shall
transport Collected and Source Separated materials to the Approved Facilities
herein. Contractor shall provide street sweeping services before and after each
clean-up event in accordance with the applicable specifications set forth in Exhibit
3 at no cost to City.
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3.3.9 Compost and Mulch Procurement and Giveaways
A. Contractor shall annually procure Compost or Mulch, or a combination of
Compost and Mulch, on behalf of City to meet and/or exceed City’s Recovered
Organic Waste Product Procurement Targets set forth in 14 CCR Section 18993.1.
Contractor may comply with this Section by providing procurement credits to the
City in accordance with 14 CCR Section 18993.1(e)(2), and by providing
documentation of such procurement to the City as required by 14 CCR Section
18993.2(a)(3) and Section 18993.2(a)(4) as applicable.
B. Contractor shall annually purchase and make available to the City Mulch
for use in City parks and facilities at no cost to the City as described in this section.
The City will notify Contractor as to the quantity of Mulch requested throughout the
calendar year at each location. Contractor shall coordinate and arrange for
transportation and delivery of such Mulch to City parks and facilities from the
provider of such Mulch’s facility. As of the Effective Date, the total value of this
program is up to Thirty Thousand Dollars ($30,000.00) per year and shall be
adjusted annually, beginning on January 1, 2026, based on the Consumer Price
Index in accordance with subsection 5.3.1 B.
C. Contractor shall offer up to thirty (30) cubic yards of such Mulch to residents
of the City at two giveaways annually at no cost to participants of the giveaway.
Contractor may request proof of residency from the participants of such giveaway.
Contractor shall conduct Mulch giveaways twice annually on a date and at a
location mutually agreed by City and Contractor.
D. All Compost provided by Contractor must meet or exceed State
requirements and the requirements of 14 CCR Section 18993.1 for Compost
quality, including those standards regarding Compost maturity, reduction of
pathogens, elimination of weed seeds, and concentrations of physical
contaminations such as glass, plastic, metal, and other Non -Organic Recyclables.
All Compost provided by Contractor must be suitable for use in landscaping, parks,
sports fields, and community gardens, and must be suitable for distribution to the
general public, but shall not be required to be certified by the Organic Materials
Review Institute (OMRI). Mulch shall be 3” to 5” woodchip groundcover, screened
through a 4” mesh screen, and be 99% free of contaminants.
3.3.10 Use of RNG in Collection Vehicles; Future Electrification
Contractor shall make commercially reasonable efforts for all Collection vehicles
used by Contractor under this Agreement to be powered by RNG generated at a
local facility or powered by RNG that is purchased through a wheeling agreement
with a party(ies), provided that the wheeling agreement is for purchase of gas
derived from Organic Waste that has been diverted from a Landfill and Processed
at an in-vessel digestion Facility that is permitted or otherwise authorized by Title
14 of CCR to recover Organic Waste and meets the requirements of 14 CCR
Section 18993.1(h). Upon City’s request and to the extent applicable, Contractor
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shall obtain and provide City with a written certification by an authorized
representative of the publicly-owned treatment works or the wheeling agreement
service provider certifying that the in-vessel digestion facility produces the RNG
consistent with the requirements of 14 CCR Section 18993.1(h). Contractor shall
maintain records of the amount of RNG purchased and shall report this information
to City upon request of City. Company agrees City has the right to report any such
RNG usage toward the City’s fulfilment of its annual recovered Organic Waste
product procurement target in accordance with 14 CCR Section 18993.1.
City and Contractor agree that Contractor’s obligations and/or scope of services
under this Agreement exclude any requirements regarding the future conversion
of fleets, or any part thereof, to Zero-emissions (ZEV) or Near-zero-emissions
(NZEV) vehicle(s) or the future acquisition, hiring or use of ZEVs or NZEVs under
Applicable Law, including without limitation Sections 2015 et seq. of Title 13 of the
CCR. Should such existing Applicable Law apply to any Contractor’s vehicles
used in the provision of services under this Agreement during the Term, then City
and Contractor agree to meet and confer in good faith to amend this Agreement to
incorporate provisions and obligations reasonably necessary to comply with such
Applicable Law, and Contractor shall be entitled to a Rate adjustment in
accordance with Section 5.3.3 for such change in Contractor’s obligations and/or
scope of services under this Agreement.
3.3.11 Edible Food Recovery
At no cost to City, upon the Effective Date, and quarterly thereafter, Contractor
shall identify Tier One and Tier Two Commercial Edible Food Generators by
performing a “desk-top” review of records it is required to maintain under this
Agreement. Contractor shall cooperate with and assist City with the distribution of
information prepared by City to Commercial Edible Food Generators regarding
City’s Edible Food Recovery programs. Contractor shall maintain education
records in accordance with 14 CCR Section 18985.3 and provide quarterly updates
to City as described in subsection 6.3.5.
3.3.12 Assistance with Waivers
At no cost to City or Customers, Contractor shall, upon request, assist Customers
in assessing whether they qualify for a de minimis or physical space waiver
pursuant to Title 8, Chapter 8.36 of the Municipal Code and 14 CCR Section
18984.11. City, at its discretion, may grant one or more of such waivers to
Generators in accordance with 14 CCR Section 18894.11 or as otherwise
authorized by CalRecycle. Contractor shall cooperate with and provide support to
City by conducting a desk-top investigation and fact finding in connection with
City’s evaluation of any waiver application and Contractor shall adjust the
Customer’s Service Level and billing within seven (7) Business Days of notification
from City that City has granted or rescinded a waiver. At least once every five (5)
years, or more often if reasonably requested by City, Contractor shall conduct
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desk-top investigation as may be necessary to enable City to determine if criteria
by which City granted waivers continues to exist.
3.4 Diversion
3.4.1 State Diversion Requirements
A. Contractor shall use commercially reasonable efforts to assist City to
comply with Public Resources Code Section 41780. In determining compliance
with Section 41780, City and Contractor agree to cooperate in good faith to
develop representative per capita Disposal calculations, as appropriate.
Contractor shall provide documentation to City within forty-five (45) calendar days
of the end of each calendar year stating and supporting that calendar year’s
Diversion rate.
B. If City fails to comply with Public Resources Code Section 41780 due to
Contractor’s failure to implement the Diversion and public education programs
provided for in this Agreement, Contractor must submit a plan to assist City to
comply with Public Resources Code Section 41780 through, among other things,
implementation of applicable portions of City’s Source Reduction and Recycling
Element adopted in accordance with Public Resources Code Section 42649.3,
within ninety (90) calendar days of the end of the calendar year. Contractor’s plan
is subject to approval by the City Manager, and to be approved must constitute a
good faith plan to implement applicable portions of City’s Source Reduction and
Recycling Element, and be reasonably likely to allow City to comply with Public
Resources Code Section 41780. Implementation of the plan shall be at
Contractor’s sole cost and expense.
C. If, following implementation of the plan, City still does not achieve
compliance with Public Resources Code Section 41780, Contractor shall
implement additional programs required to assist City to comply with Public
Resources Code Section 41780 as directed by the City Manager, at its sole cost
and expense.
D. In the event that the State increases the mandated Diversion percentage
of fifty percent (50%) Diversion (currently set forth in Public Resources Code
Section 41780), requires new programs in addition to those already mandated by
the Applicable Law, or changes the methods for obtaining or measuring
compliance with existing requirements, City may impose new or additional
Recycling requirements in accordance with the City’s Source Reduction and
Recycling Element. Contractor shall be eligible for a compensation adjustment
under Section 2.8 provided that Contractor satisfactorily demonstrates to City
pursuant to Section 5.3 that its costs of providing Collection Services have
increased due to the new or additional Recycling requirements. Any Rate
adjustment shall be in accordance with Section 5.3.
E. Contractor shall:
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1. Assist City in responding to inquiries from CalRecycle or any other
regulatory agency relating to this Agreement;
2. Assist City in preparing for, and participating in, CalRecycle’s
biannual review of City's Source Reduction and Recycling Element
(SRRE) pursuant to Public Resources Code Section 41825;
3. Assist City in applying for any extension, including under Public
Resources Code Section 41820, if so, directed by City;
4. Assist City in any hearing conducted by CalRecycle, or any other
regulatory agency, relating to City's compliance with Applicable Law
relating to this Agreement; and
5. Assist City with the development of and implementation of a public
awareness and education program that is consistent with City's
SRRE and Household Hazardous Waste Element, as well as any
related requirements of the Applicable Law.
3.5 .Operations
3.5.1 Schedules
A. Collection shall take place between the hours of 7:00 a.m. and 7:00 p.m. on
any day of the week, except that no pick-ups shall be made on Sunday unless
specifically authorized in writing by the City Manager. Hours and days of Collection
are subject to change by City. If the regularly scheduled Collection day falls on a
defined Holiday, alternate Collection will be performed on the following day, unless
that day falls on Sunday. Alternative Collection will then be performed on the
following Monday. All Collection days falling on other legal holidays will remain as
scheduled.
B. Contractor must review with City its operation plan outlining the Collection
routes, intervals of Collection, and Collection times for all materials Collected under
this Agreement, upon thirty (30) calendar days’ written notice by City requesting
such review. Such a review shall not be more than once per calendar year, except
that more frequent reviews may be required if operations are not satisfactory,
based on documented observations or reports of Complaints. If the plan is
determined by City to be inadequate, Contractor must modify its plan by
incorporating changes into a revised plan and reviewing that revised plan with City
within thirty (30) calendar days.
3.5.2 Vehicles
A. General. Contractor must provide Collection vehicles sufficient in number
and capacity to perform efficiently the work required by this Agreement in strict
accordance with its terms. Any additional vehicles or routes that may be required
to meet the service standards during the term of this Agreement will be at
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Contractor’s exclusive expense. Contractor must have available on Collection
days sufficient back-up and auxiliary vehicles to respond to any and all Complaints
and emergencies.
B. Specifications. Contractor must use Collection vehicles that comply with
all Applicable Law, including rules and regulations of the Ventura County Air
Pollution Control District, the California Air Resources Board, and any other air-
quality regulatory body that may be in authority during the term of this Agreement.
Where a Collection vehicle is not in compliance with these requirements as of the
Operative Date, Contractor shall bring the Collection vehicle into compliance within
two (2) years. Collection vehicles must be registered with the California
Department of Motor Vehicles and shall have bodies designed to prevent leakage,
spillage, or overflow.
C. Vehicle Identification. Contractor’s name, local telephone number, and a
unique vehicle identification number selected by Contractor and approved by City
must be prominently displayed on all vehicles, in letters and numbers no less than
three inches high. Contractor must not p lace City’s name, City logos, or
advertisements (including political advertisements) on Contractor vehicles.
D. Cleaning and Maintenance.
1. Contractor must maintain all of its properties, vehicles, facilities, and
equipment used or located in City in a good, safe, neat, clean, and
operable condition at all times.
2. Vehicles used in the Collection of Solid Waste must be painted and
thoroughly washed on a regular basis so as to present a clean
appearance. City may inspect vehicles at any time to determine
compliance with this Agreement. Contractor must also make
vehicles available to the Ventura County Environmental Health
Division for inspection, at any frequency it requests. Contractor
agrees to replace or repair, to City’s reasonable satisfaction, any
vehicle that City determines in its reasonable judgment to be of
unsightly appearance, leaking oil, hydraulic, or other applicable
fluids, or in unsatisfactory operating condition.
3. Contractor must repaint any vehicle, Bin, or Roll-off Box used in the
Collection of Solid Waste within sixty (60) calendar days following
written notice from City, if City determines in its reasonable judgment
that its appearance warrants repainting.
4. Contractor must inspect each vehicle daily to ensure that all
equipment is operating properly. Vehicles that are not operating
properly, or vehicles in such a condition as to be unsafe or
excessively noisy, must be removed from service until repaired and
operating properly.
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5. Contractor must repair, or arrange for the repair of, all of its vehicles
and equipment for which repairs are needed because of accident,
breakdown, or any other cause, so as to maintain all equipment in a
safe and operable condition. Contractor must maintain accurate
records of repair, which will include the date and mileage (or hours
of operation), nature of repair, and the verification by signature of a
maintenance supervisor that the repair has been properly performed.
6. Upon request by City, Contractor must furnish to City not later than
thirty (30) calendar days after the end of each calendar year, a
written inventory of all equipment, including Collection vehicles, used
in providing service. The inventory must list all equipment by
manufacturer, ID number, date of acquisition, type, capacity, and
age.
E. Operation.
1. Vehicles must be operated in compliance with Applicable Law,
including the California Vehicle Code and all applicable local
ordinances. Contractor may not intentionally load vehicles in excess
of limitations on vehicles imposed by state or local weight
restrictions.
2. Equipment must comply with EPA noise emission regulations,
currently codified at 40 CFR Part 205, and other applicable noise
control regulations set forth in the Municipal Code, and must
incorporate noise control features throughout the vehicle. Contracto r
must store all equipment located in City in safe and secure locations
in accordance with City’s zoning regulations.
3. Contractor is responsible for providing immediate notification to City
in the event of oil, hydraulic and other applicable fluid spills from
vehicles that occur within City limits and shall be responsible to clean
up any such spills expeditiously and in a manner that complies with
all Applicable Law.
4. All vehicles must be equipped with GPS tracking devices. Upon
request of City, Contractor shall furnish to City at no additional cost
or expense to City information necessary for City to track the location
of vehicles in real time and to generate reports as needed.
F. City Inspection per Code. The California Highway Patrol may cause any
vehicle used in the performance of this Agreement to be inspected and tested at
any commercially reasonable time and in such manner as may be appropriate to
determine that the vehicle is being maintained in com pliance with Applicable Law,
including all applicable provisions of the California Vehicle Code, including all
Vehicle Code sections regarding smog equipment requirements. City may direct
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the removal of any vehicle from service if that vehicle is found by the California
Highway Patrol to be in nonconformance with Applicable Law. No vehicle directed
to be removed from service by City may be returned to service until its return to
service has been approved by the California Highway Patrol.
G. Brake Inspections. The brake system of each Collection vehicle used in
the performance of this Agreement must be inspected and certified by a trained
mechanic who is either a certified mechanic or who is under the supervision of a
certified mechanic. Contractor’s facility, used to store and maintain these vehicles
used in the performance of this Agreement, must comply with Applicable Law and
also be certified under state law by the California Highway Patrol. Notice of
certification must be filed with City with the annual report required by subsection
6.3.4. Failure to submit the required certification will be grounds for terminating
this Agreement.
H. Correction of Defects. Following any inspection, the City Manager has
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. This
determination may be appealed to the City Council, whose decision will be final.
3.5.3 Containers
A. Container Replacement. No later than the end of the useful life of the
existing Containers or January 1, 2036, whichever is earlier, all Containers
provided by Contractor must comply with the design, manufacturing, color and
label requirements set forth herein or as otherwise pr ovided in 14 CCR Sections
18984.7 and 18984.8. Hardware, wheels, etc. do not have to comply with the
foregoing color requirements. Colors shall be colorfast and resistant to fading as
a result of weathering or ultraviolet degradation.
B. Container Labeling. As new Containers are put into service by Contractor,
and in accordance with subsection 3.5.3 A and C, Contractor shall place an imprint
or place a hot stamped label on the body or lid of each new Container body or lid
that includes language or graphic images that indicates the primary materials
accepted and the primary materials prohibited in that Container. Labels shall
clearly indicate types of items that are Prohibited Container Contaminants for each
Container and comply with 14 CCR Section 18984.8.
C. Container and Label Design Requirements. The Containers shall be
designed and manufactured in accordance with standard industry specifications.
Upon the Effective Date, Contractor shall submit a copy of Container imprints
and/or labels for City approval, which shall not be unreasonably withhel d. Upon
future changes to imprints and/or labels, Contractor shall submit a copy of the
proposed changes for City approval, which shall not be unreasonably withheld,
prior to imprinting or labeling Containers.
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D. Cart Ownership and Maintenance Responsibilities. Contractor is
responsible for Cart repair and maintenance, graffiti removal, and replacing lost,
stolen, or damaged Carts within five (5) Business Days of a request therefor at no
additional charge to the Customer or to City. Contractor may, however, charge the
Customer for repairing or replacing a Cart if the damage is due to the Customer’s
willful negligence or abuse. In no event may this charge be greater than
Contractor’s actual cost for replacement parts or Seventy-Five Dollars ($75.00) (as
adjusted in accordance with subsection 5.3.1.B), whichever is less. All Carts
provided under this Agreement shall remain the property of Contractor at all times;
and City retains the right to direct Contractor to remove the Carts at the end of this
Agreement at no charge, should City so desire.
E. Free Annual Cleaning of Carts. Contractor shall, at a Customer’s request,
clean or replace a Cart or Bin at no cost to Customer or City one time per calendar
year. Upon request, Contractor shall provide subsequent cleanings within a
calendar year and for an amount not to exceed the Rate set forth in Exhibit 1.
F. Bin Ownership and Maintenance Responsibilities.
1. Contractor must maintain its Containers in a clean and sound
condition, free from Putrescible Wastes Residue. Containers must
be equipped with reflectors to enhance visibility. Containers must be
constructed of heavy metal, or other durable material, and must be
watertight and well painted. Wheels, forklift slots, and other
appurtenances, which are designed for movement, loading, or
unloading of the Container, must be maintained in good repair. Upon
request, Contractor will clean or replace Bins once ea ch year at no
charge to Customer or City. Customers may request additional
cleanings for an amount not to exceed the Rate set forth in Exhibit
1. Contractor must remove graffiti from any Container within five (5)
Business Days of request by City or Customers. All Bins provided
under this Agreement shall remain the property of Contractor at all
times.
2. Each Bin placed within the City by Contractor must have the name
and phone number of Contractor in bold letters not less than three
inches (3”) high on the exterior of the Container so as to be visible
when the Container is placed for use. Contractor must identify the
Bin or Bins that are assigned to each Customer using a method that
is acceptable to City. Each Container must be labeled with a
conspicuous warning: “Not to be used for the disposal of hazardous,
electronic, or universal waste.”
G. Roll-off Boxes Ownership and Maintenance Responsibilities.
Contractor must provide clean Roll-off Boxes, free from graffiti and equipped with
reflectors. Contractor must properly cover all open Roll-off Boxes during Transport
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to and from the Approved Facilities. All Roll-off Boxes provided under this
Agreement shall remain the property of Contractor at all times.
3.5.4 Litter Abatement
A. Minimization of Spills. Contractor must use due care to prevent Solid
Waste or fluids from leaking or being spilled or scattered during the Collection or
Transportation process. If any Solid Waste or fluids leak, or are spilled during
Collection, Contractor must expeditiously clean up those materials in a manner
that complies with all Applicable Law. Each Collection vehicle must carry
absorbent material, a broom, and a shovel at all times for this purpose. Contractor
may not, without City’s prior written consent, 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.
B. Cleanup. During the Collection or Transportation process, Contractor must
clean up litter in the immediate vicinity of any Solid Waste storage or Collection
area under its control or as a result of Contractor actions. If Contractor arrives at
a Collection area with existing litter, Contractor may charge an Overage Fee, at an
amount not to exceed the Rate set forth in Exhibit 1, and only after Contractor has
provided the Customer notice by phone, by U.S. mail, by email, in person, or by
tag for three (3) occurrences of Overage in any rolling 12-month period. Contractor
must identify instances of repeated spillage caused by Customers and must report
those instances to the City Manager in writing. City shall attempt to rectify such
situations directly with the Customer, if Contractor has already attempted to do so
without success. In addition to charging the Overage Fee, if Contractor documents
three (3) instances of overloaded Containers within any rolling 12-month period for
any Customer, Contractor may deliver additional or larger Containers to the
Premises, or, for Commercial Accounts, require additional weekly Collections, and
may adjust the amount charged to the Customer, not to exceed the applicable
Rate set forth in Exhibit 1.
C. Traffic Control in Public Right-of-Way. If Contractor requests City traffic
control services in conjunction with a cleanup, or if City, in its sole discretion,
determines that City traffic control services are required for a cleanup for public
safety purposes, City shall provide such traffic control services. Contractor shall
reimburse City for the costs of providing such services at rates contained in the
City’s Staff Billing Rates adopted by the City Council in effect at the time the City’s
costs were incurred.
3.5.5 Personnel
A. Contractor must 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 personnel shall meet the requirements of Applicable Law as
applicable to their respective positions. All drivers must be trained, pre -screened
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for drug and alcohol, 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.
B. Contractor must establish and vigorously enforce an educational program
to train Contractor’s employees in the identification of Hazardous Waste.
Contractor’s employees must not knowingly place any Hazardous Waste in
Collection vehicles, nor knowingly dispose of any Hazardous Waste at a
Processing Facility or Disposal Facility.
C. Contractor must train its employees in Customer courtesy, prohibit the use
of loud or profane language, and instruct collection crews to perform all work
quietly. Contractor must 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 perf orming services in the
manner required by this Agreement, Contractor must 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 shall consider reassigning the employee to duties not
involving contact with the public in City while Contractor is pursuing its investigation
and corrective actions.
D. Contractor must 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 related operations that meets minimum OSHA standards
for all personnel and shall comply with all Applicable Law related to employees
and personnel.
3.5.6 Identification Required.
A. Contractor must provide its employees and subcontractors with
identification for all individuals who may have personal contact with Accounts in
the City. City may require Contractor to notify Customers annually of the form of
that identification. Contractor must provide a list of current employees and
subcontractors to the City Manager upon request.
B. City reserves the right to conduct through law enforcement agencies a
security and identification check of Contractor, and its present and future
employees, in accordance with accepted procedures established by City.
3.5.7 Fees and Gratuities.
Contractor may not, nor may it permit any agent, employee, or subcontractor
employed by it, to request, solicit, or demand, either directly or indirectly, any
compensation or gratuity for the Collection, Transportation, Processing, or
Disposal of Solid Waste other than Contractor compensation that is normally paid.
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3.5.8 Non-Discrimination.
Contractor may not discriminate in the provision of service or the employment of
persons engaged in the performance of this Agreement on account of gender,
gender identity or expression, genetic characteristics or information, race, color,
national origin, ancestry, religion, creed, sex, physical or mental disability, medical
condition, marital status, military or veteran status, sexual orientation, or age in
violation of any applicable federal or state law.
3.5.9 Coordination with Street Sweeping Services.
City and Contractor will cooperate in coordinating route schedules with
Contractor’s street sweeping subcontractor. If needed, Contractor agrees to work
with City to resolve conflicts with street sweeping schedules, to avoid street
sweeping and Solid Waste pick-ups from occurring on the same day.
3.5.10 Change in Collection Schedule.
A. Contractor must notify City forty-five (45) calendar days prior to, and
Customers not later than fourteen (14) calendar days prior to, any change in
Collection operations that results in a change in the day on which Collection
occurs. Contractor shall not cause any Customer to be without service for more
than seven (7) calendar days in connection with a Collection schedule change.
The City Manager’s written approval of any change in the Collection schedule is
required prior to such change. This approval shall not be unreasonably withheld.
B. Any changes in the route map or Collection schedule require the prior
written approval of the City Manager. City may require changes in the route map
or Collection schedule to improve service, to resolve Complaints, or for other
reasons. Route maps are to be submitted with the annual report.
3.5.11 Report of Accumulation of Solid Waste; Unauthorized Dumping.
Contractor must direct its drivers to note the addresses of any Premises at which
they observe that Solid Waste is accumulating and is not being delivered for
Collection, and the address, or other location description, at which Solid Waste
has been dumped in an apparently unauthorized manner. Contractor must deliver
the address or description to City within five (5) Business Days of such
observation. Contractor shall cooperate with City in the investigation and
prosecution of any violations of the Municipal Code.
3.6 Disaster and Emergency Service.
3.6.1 Preparedness
Upon request, Contractor shall provide its management expertise and contribute
to City’s emergency preparedness planning efforts.
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3.6.2 Disaster and Emergency Service
A. In the event of an emergency or natural disaster, and when requested by
the City Manager, Contractor shall provide City with the equipment and labor
required to Collect, cleanup, and remove debris resulting from the emergency or
natural disaster. Contractor shall use commercially reasonable efforts to dispatch
the requested equipment and labor to City as promptly as practicable following the
written request by the City Manager. City will be given equal priority and access
to resources as with other Contractor franchise jurisdictions.
B. Notwithstanding any other provision of this Agreement or the Municipal
Code, Contractor agrees that, in the event that Contractor is unable to respond
within the time period requested by City for Collection, cleanup and removal of
debris resulting from an emergency or natural disaster, City shall have the right to
engage other Persons to Collect, cleanup and remove debris resulting from such
emergency or natural disaster for a period ending on the earlier of the date such
Collection, cleanup and removal is complete or thirty (30) calendar days following
the original request from City.
C. At the time when Contractor’s work may continue following a natural
disaster, Contractor will cooperate with City to prepare and implement a disaster
recovery plan. This plan shall identify Contractor’s plans for maximizing the
amount of Recyclable Materials and Organic Waste Diverted from the Solid Waste
created by the disaster and to identify and secure Disposal Facilities and
Processing Facilities and capacity for such Solid Waste.
D. City shall pay Contractor for the services provided in subsections A and C
above, at the Rates set forth in Exhibit 1. Contractor’s requests for payment for
these services shall be accompanied by a full accounting of the labor hours,
vehicle usage, Disposal costs, and any other costs incurred by Contractor for
which Contractor is seeking payment. City reserves the right to audit Contractor’s
books and records to ascertain the accuracy of Contractor’s costs.
3.6.3 Additional Costs
If the emergency or disaster requires Contractor to rent additional equipment,
employ additional personnel, or work existing personnel overtime to Collect
additional Discarded Materials resulting from the event, Contractor shall receive
additional compensation, above its normal compensation provided for in this
Agreement, to reimburse Contractor for its additional costs. Contractor’s additional
costs shall be based on the incremental amount of Tons of Discarded Materials
resulting from the event, and the additional amount of labor and equipment used
by Contractor to Collect Discarded Materials resulting from the event. For its
additional labor and equipment, City shall reimburse Contractor based on Rates
mutually agreed between both Parties. Prior to incurring any such additional costs,
Contractor shall obtain City’s written authorization to incur such costs.
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3.6.4 City Wide Effort to Manage Disaster Debris
In the event that City decides to oversee a coordinated effort to manage the
Collection and Recycling of disaster related Solid Waste on a citywide basis,
Contractor shall provide City with its management expertise, including a dedicated
full-time Recycling coordinator with the background, knowledge, and capability to
assist in such an effort. Contractor shall provide this individual at no additional
cost to City.
3.7 Transportation of Solid Waste
A. Contractor must Transport all Solid Waste Collected in City to Approved
Facilities. Contractor agrees to make all reasonable efforts to Divert Recyclable
Materials and Organic Waste from Landfill Disposal.
B. Contractor must maintain complete, accurate, and up-to-date records of the
quantities of Solid Waste Transported to the Approved Facilities, and must
cooperate with City in any audits or investigations of those quantities.
C. Contractor’s vehicles shall not traverse Tierra Rejada Road unless making
a pick-up or delivery requiring use of Tierra Rejada Road.
D. Contractor’s vehicles principally serving areas outside of the City limits shall
not traverse Arroyo Drive. Contractor’s vehicles principally serving areas anywhere
in the City may traverse Arroyo Drive.
3.8 Capacity Guarantee
Contractor guarantees sufficient capacity shall be available at the Approved Facilities
owned and operated by Contractor or its Affiliate to Process, Recycle or Dispose of all
Discarded Materials Collected by Contractor under this Agreement throughout the Term.
3.9 Disposal of Solid Waste and Processing Facilities
3.9.1 Approved Disposal Facility
Contractor covenants that the Approved Disposal Facility is properly permitted, is
classified as a Class 3 Landfill (permitted to receive only nonhazardous Solid
Waste), is not on or being considered for inclusion on a state or federal Superfund
list, or CalRecycle list of Solid Waste facilities failing to meet state minimum
standards, and is in substantial compliance with all required permits. Contractor
shall dispose of all Black Container Waste Collected in the City at the Approved
Disposal Facility, at Contractor’s expense and in accordance with all Applicable
Law. Contractor shall notify the City Manager in writing if changes in the Approved
Disposal Facility are made, and the change shall be subject to City’s review and
approval, which shall not be unreasonably withheld.
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3.9.2 Approved Source Separated Recyclable Materials Processing
Facilities
Contractor covenants that the Approved Source Separated Recyclable Materials
Processing Facilities are properly permitted to receive Recyclable Materials and
are in substantial compliance with all Applicable Law. Contractor shall deliver all
Recyclable Materials Collected in City to an Approved Source Separated
Recyclable Materials Processing Facility in accordance with all Applicable Law for
Processing in a manner that complies with all Applicable Law. Contractor shall
use commercially reasonable efforts to ensure that Residue material post
Processing shall not exceed the amount permitted by Applicable Law. Contractor
shall use commercially reasonable efforts to ensure that all Recyclable Materials
are Diverted to compliant end markets that comply with all Applicable Law.
Contractor shall notify the City Manager in writing if changes in the Approved
Source Separated Recyclable Materials Processing Facilities designation are
made; and the change shall be subject to the City’s review and approval, which
shall not be unreasonably withheld.
3.9.3 Approved Organic Waste Processing Facility
Contractor covenants that the Approved Organic Processing Facility is properly
permitted to receive Organic Waste, and is in substantial compliance with all
Applicable Law. Contractor shall deliver all Source Separated Green Container
Organic Waste Collected in the City, including all Food Waste Collected in Green
Containers, to the Approved Organic Waste Processing Facility in accordance with
Applicable Law for Processing in a manner that complies with all Applicable Law.
If any such delivery to the Approved Organic Waste Processing Facility would not
result in City receiving credit in calculating its Diversion rate for having Diverted
the Organic Waste from Disposal in a Landfill, another Facility must be selected.
Contractor shall use commercially reasonable efforts to ensure that Organic
Waste is Processed and used in a manner that is classified as Diversion.
Contractor shall notify the City Manager in writing if changes in the Approved
Organic Waste Processing Facility are made; and the change shall be subject to
the City’s review and approval, which shall not be unreasonably withheld.
3.9.4 Approved C&D Processing Facility
Contractor covenants that the Approved C&D Processing Facility is properly
permitted to receive Construction and Demolition Debris and is in substantial
compliance with Applicable Law. Contractor shall deliver all Construction and
Demolition Debris Collected in City to the Approved C&D Processing Facility in
accordance with Applicable Law, for Processing in a manner that complies with
all Applicable Law. Contractor shall notify the City Manager in writing if changes in
the Approved C&D Processing Facility are made; and the change shall be subject
to the City’s review and approval, which shall not be unreasonably withheld.
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3.9.5 Approved Transfer Facilities
Contractor covenants that the Approved Transfer Facilities are properly permitted
as transfer facilities and are in substantial compliance with Applicable Law.
Contractor shall notify the City Manager in writing if changes in the Approved
Transfer Facilities are made; and the change shall be subject to the City’s review
and approval, which shall not be unreasonably withheld.
3.9.6 Facility Requirements
Contractor shall use commercially reasonable efforts to ensure that the Approved
Facilities that it owns and operates are properly permitted, and in substantial
compliance with Applicable Law at all times during the Term of this Agreement.
Contractor shall immediately inform the City Manager in writing in the event of any
lack of a required permit or material non-compliance, and the City Manager, in the
City Manager’s sole discretion, may require the use of a different Disposal or
Processing Facility, to be selected by Contractor and approved by City. The City
Manager may also, in the City Manager’s sole discretion, require the use of a
different Facility at any time during the Term of this Agreement if the Approved
Disposal Facility, an Approved Source Separated Recyclable Materials Processing
Facility, the Approved Organic Waste Processing Facility, an Approved Transfer
Facility or the Approved C&D Processing Facility (as the case may be) is found to
not be in compliance with the provisions of this subsection 3.9.6 and the City
Manager determines that the Approved Disposal Facility, Approved Source
Separated Recyclable Materials Processing Facility, Approved Organic Waste
Processing Facility, Approved Transfer Facility, or Approved C&D Processing
Facility (as the case may be) is not in substantial compliance with Applicable Law
due to Contractor’s failure to materially comply with the terms of this Agreement or
a finding by state or federal regulatory agencies that the applicable Facility is not
in compliance with Applicable Law, including the Environmental Laws, as is unable
to accept City’s Solid Waste. Under no circumstances, however, shall a change in
one or more of the Approved Facilities resulting from Contractor’s failure to
materially comply with the terms of this Agreement or a finding by state or federal
regulatory agencies that the applicable Facility is not in compliance with Applicable
Law under this Section 3.9.6 provide a basis for an increase in Rates.
3.9.7 Annual Route Audit
At least once annually and at no cost to City, Company must conduct an audit of
its collection routes in the City. The annual route audit must be prepared in form
and content acceptable to the City Manager and must include the truck identity,
number of accounts serviced, number and size of containers, and the weight of the
Solid Waste delivered to the transfer station or Disposal Site. Results of the annual
route audit will be available for review by City.
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ARTICLE 4.
OTHER SERVICES
4.1 Services and Customer Billing
4.1.1 Service Description
Contractor shall include in the annual notice required pursuant to subsection 4.3.2.
D the rates charged to the Customer, annual Holiday schedule, Organic Waste
and Recycling Diversion programs offered, and a general summary of services
required to be provided under this Agreement , including the types of materials
appropriate for each Collection Container, and optional services that may be
furnished by Contractor.
4.1.2 Residential Billing Discounts
Contractor shall provide a senior citizen discount as set forth in Exhibit 1 to
residents sixty-two (62) years of age or older who own or rent any Single Family
Premises that receive Cart Collection Services. Contractor may request proof of
residency and age from the Customer requesting the discount. Proof of residency
and age may be obtained via Department of Motor Vehicles identification card or
driver’s license and standard utility billing invoices.
4.1.3 Billings to Accounts
A. Residential Cart Service. Contractor shall directly bill all Residential
Premises (including any charges for additional services where the rate can
be determined in advance) on a bi-monthly basis, 30 calendar days in
advance. Bills must be itemized by type of service. All bills must carry a
due date and not “due upon receipt.” To start service, new Customers shall
pay a pro-rated amount for the first month’s service. Customers shall be
billed at amounts not to exceed the Rates set forth in Exhibit 1.
B. Commercial Services, Permanent Bin, and Roll-off Customers.
Contractor shall directly bill all Commercial Customers with permanent Bin
Service or Roll-off Service (including any charges for additional services
where the rate can be determined in advance) on a monthly basis, thirty
(30) calendar days in advance. All bills must carry a due date and not “due
upon receipt.” To start service, new Customers shall pay a pro-rated amount
for the first month’s service in advance. Customers shall be billed at
amounts not to exceed the Rates set forth in Exhibit 1.
C. Temporary Services. Contractor shall bill Accounts monthly in arrears for
temporary services and for fees for additional services where the amount
cannot be determined in advance. Bills must be itemized by type of service.
Payment is due within thirty (30) calendar days of the invoice date.
Customers shall be billed at amounts not to exceed the Rates set forth in
Exhibit 1.
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D. Billing Format and Message Space. Contractor’s billing statement shall
have space sufficient for City’s messages to be printed on the paper and
electronic versions of bills. This billing message space shall be available
for any City purpose, up to four (4) lines, and be capable of print ing three
hundred and twenty (320) characters of text. Contractor shall print, at no
cost to City, any messages that City requests in the message space
required by this Agreement up to six (6) times per calendar year. All
messages included in printed bills must be included within alternate
payment preferences if an alternate payment method (e.g., electronic
payment method) is requested by Customers.
E. Billing Insert. The billing statement and envelope must be able to
accommodate inserted paper messages of not larger than eight and one -
half inches (8½”) by eleven inches (11”), full color, double-sided. Up to six
(6) times per calendar year, and at no cost to City, Contractor shall include
any message insert provided by City into all bills sent to Customers. City
will provide one digital camera-ready master copy of the insert. Contractor
shall print City message inserts at its own expense on recycled content
paper consistent with Applicable Law. Contractor shall make the billing
insert available electronically to all Customers who utilize the alternate
payment method, or by printed copy where needed for Customers who
receive their billings by mail.
4.1.4 Account Delinquency
Contractor shall provide an Account with a notice of delinquency in the event of
non-payment after sixty (60) calendar days from the date of a billing. Contractor
may charge a Late Fee in an amount not to exceed the maximum amount set forth
in Exhibit 1. Contractor will provide City a list of delinquent accounts upon written
request.
Accounts that have not remitted required payment within sixty( 60) calendar days
from the date of billing shall be notified that Collection Services may be
discontinued fifteen (15) calendar days from the date of notice if payment is not
made before that time. If payment is not made by the expiration of that fifteen (15)-
day period, Contractor may discontinue Collection Services forty-eight (48) hours
thereafter. Contractor shall immediately notify the City Manager in writing of any
such discontinuance of service.
Contractor shall resume Collection Services on the next regularly scheduled
Collection day for any Account whose Collection Services was discontinued upon
receipt of payment of all outstanding charges, including Late Fees, and the
Activation Fee not to exceed the maximum amounts set forth in Exhibit 1.
Contractor may not charge for Collection Services during any period in which
Collection Services was suspended.
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Contractor shall provide City with fourteen (14) calendar days’ advance written
notice prior to suspending Collection Services to any Single Family Customer or
Multi-Family Customer. City reserves the right to require Contractor to continue to
provide Collection Services to any Single Family or Multi-Family Customer if
needed to avoid negatively impacting public health or safety. When requested by
Contractor, City agrees to provide reasonable assistance in addressing account
delinquencies.
4.2 Customer Service
4.2.1 Office Hours
A. Contractor must establish and maintain a local business office within
Ventura County. Office hours shall be, at a minimum, from 8:00 a.m. to
5:00 p.m., Monday through Friday, excluding Holidays. A responsible and
qualified representative of Contractor must be available at the office during
business hours for communication with the public. Normal office hours
telephone numbers must be a toll free call. Contractor’s telephone system
must be adequate to handle the volume of calls typically experienced on t he
busiest days. Contractor must also maintain a toll-free telephone number
for use during other than normal business hours. Contractor must have a
customer service representative or a message service available at the after-
hours telephone number. After-hours calls must be responded to during the
next Business Day.
B. Contractor must provide City staff with the phone number of a Contractor
representative who may be reached twenty-four (24) hours a day, seven (7)
days a week, at a location and number readily accessible to City
representatives.
4.2.2 Website
Contractor’s website must contain current relevant service information, an on -line
payment option allowing Customers to directly pay Contractor, and current bill
inserts. Contractor shall not charge an additional service fee for online payments
other than a reasonable processing fee for credit card payments.
4.2.3 Missed Pick-ups
A. Cart Service. When notified of a missed pick-up prior to 12:00 noon on a
Business Day, Contractor must Collect all Discarded Materials placed out
for Collection by any Customer in a Black Container, Blue Container and/or
Green Container that same day. If notified a fter 12:00 noon, Contractor
shall make the Collection no later than the next Business Day.
B. Bin and Roll-off Service. When notified of a missed pick-up prior to 12:00
noon on a Business Day, Contractor must Collect all Solid Waste placed
out for Collection by any Customer in a Bin or Roll-off Container that same
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day, except in cases where access to Containers is blocked on the
Customer’s property. Otherwise, Contractor shall make the Collection no
later than the next Business Day.
4.2.4 Complaint Documentation
A. General. Contractor agrees to maintain a computer database log of all
telephone and written Complaints received by Contractor from Accounts or
other Persons. Daily logs of Complaints concerning Collection must be
retained for a minimum of twenty-four (24) months and must be available to
City at all times upon request. Contractor shall be responsible for the
prompt and courteous attention to, and prompt and reasonable resolution
of, all Customer Complaints. Contractor agrees to document and maintain
a form or log all Complaints registered by Accounts and persons, in
accordance with this Section and Section 6.3.3.I. Contractor shall record
Complaints received related to SB 1383 Regulatory non-compliance in its
log in a manner further described in subsection A.1 below.
1. For Complaints received in which the Person(s) alleges that an entity
is in violation of SB 1383 Regulations, Contractor shall document the
information listed in Section 6.3.5.4. Contractor shall provide this
information in a brief Complaint report to the City for each SB 1383
Regulatory non-compliance Complaint within five (5) Business Days
of receipt of such Complaint, and a monthly summary report of SB
1383 Regulatory non-compliance Complaints in accordance with
Section 6.3.5.A.
B. Log. Contractor must log all Complaints received by telephone. This log
must include the date and time the Complaint was received; name,
address, and telephone number of caller; description of the Complaint;
employee recording the Complaint; and the action taken by Contractor to
respond to and remedy the Complaint. All written Customer Complaints
and inquiries must be date-stamped when received. All Complaints must
be initially responded to within one Business Day of receipt. Contractor
must log action taken by Contractor to respond to and remedy all
Complaints.
C. Retention. All Customer service records and logs kept by Contractor will
be retained for a minimum of twenty-four (24) months and must be made
available to City upon written request and at no cost to City. City shall, at
any time during regular Contractor business hours, have access to
Contractor’s customer service department for purposes that may include
monitoring the quality of customer service or researching Customer
Complaints.
D. Investigation of SB 1383 Regulatory Non-Compliance Complaints.
Contractor shall be responsible for investigating Complaints received that
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an entity may not be compliant with SB 1383 Regulations within five (5)
Business Days of the City’s request by completing a “desk -top” review of
records Contractor is required to maintain under this Agreement. Contractor
shall provide City with the Account’s then-current Service Level information
and other documentation that may be useful in the investigation from
records Contractor is required to maintain under this Agreement, such as
records of the Account’s two (2) most recent change(s) in Service Level and
other Account service records.
4.2.5 Resolution of Customer Complaints
A. Disputes between Contractor and its Customers regarding the services
provided under this Agreement, including but not limited to, billing disputes
for those services, may be reasonably resolved by the City Manager. The
decision of the City Manager shall be final and binding.
B. 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.
4.2.6 Government Liaison
Contractor must designate in writing a “Government Liaison” who will be
responsible for working with City’s designated representatives to resolve Customer
Complaints. City has the right to approve Contractor’s choice of liaison.
4.3 Waste Generation/Characterization Studies, Public Education and Outreach,
Contamination Monitoring Procedures, and Route Reviews
4.3.1 Waste Generation/Characterization Studies
Contractor acknowledges that City may be required periodically to perform Solid
Waste generation and Disposal characterization studies to comply with Applicable
Law. Contractor agrees to participate and to cooperate with City and its agents by
providing information and records it is required to maintain under this Agreement,
in the preparation of these studies at no additional cost to City, in a manner that
complies with all Applicable Law.
4.3.2 Public Education and Outreach
A. General. Contractor acknowledges that education and public awareness
are essential elements of efforts to achieve the Diversion goals and
requirements set forth in Applicable Law including, but not limited to, the SB
1383 Regulations. In order to promote public education, Contractor shall
create public education materials and conduct education programs and
activities described in this Section at its expense.
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B. Program Objectives. Contractor’s public education and outreach strategy
shall focus on improving Generators’ understanding of the benefits of and
opportunities for source reduction, Reuse, and Landfill Disposal reduction.
In general, Contractor-provided public education and outreach, which shall
include all content detailed in subsection D below, should: (i) inform
Generators about the services that are provided under this Agreement with
specific focus on describing the methods and benefits of source reduction,
Reuse, and reduction of Solid Waste Disposal; (ii) instruct Generators on
the proper method for placing materials in Containers for Collection and
setting Containers out for Collection with specific focus on minimizing
contamination of Recyclable Materials and Source Separated Organic
Waste; (iii) clearly define Excluded Waste and educate Generators about
the hazards of such materials and their opportunities for proper handling;
(iv) discourage Generators from buying products if the product and its
packaging are not readily reusable, Recyclable, or compostable; (v) inform
Generators subject to Food Recovery requirements under SB 1383
Regulations of their obligation to recover Edible Food and actions they can
take to prevent the creation of Food Waste; (vi) encourage the use of
Compost; and, (vii) encourage Customers to purchase products/packaging
made with Recycled-content materials. The cumulative intended effect of
these efforts is to reduce each Generator’s reliance on Contractor-provided
Black Container Collection Services and, ultimately, Disposal, and
Contractor agrees to support and not undermine or interfere with such
efforts
C. Contractor Cooperation and/or Support for City Educational Efforts.
Contractor acknowledges that it is part of a multi-party effort to operate and
educate the public about the integrated waste management system.
Contractor shall cooperate and coordinate with City on public education
activities to minimize duplicative, inconsistent, or inappropriately timed
education campaigns. Contractor shall obtain approval from City on all
Contractor-provided public education materials including, but not limited to:
print, radio, television, or internet media before publication, distribution,
and/or release as required by this Agreement. City shall have the right to
request that Contractor include City identification and contact information
on public education materials and approval of such requests shall not be
unreasonably withheld. City reserves the right to direct Contractor to
modify the education and outreach program at any time. In such event,
Contractor shall be eligible for a compensation adjustment under Section
2.8 provided that Contractor satisfactorily demonstrates to City pursuant to
Section 5.3 that its costs have increased due to the modification of the
education and outreach program. Any Rate Adjustment shall be in
accordance with Section 5.3.
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D. Specific Annual Educational Activities
1. Annual Notice of Requirements. Not less than once during each Rate
Period, Contractor shall prepare and distribute to each Customer in
the City a mailer that includes information specified in 14 CCR
Section 18985.1(a). The annual notice may be provided to
Customers in the form of a billing insert as specified in Section
4.1.3.E. The mailer shall be provided to the City for approval prior to
distribution. Such mailer shall be distributed by Contractor to all
Residential and Commercial Customers as a billing insert.
Contractor shall also make this notice available in an electronic
format through Contractor’s website.
E. Community Events
At the direction of City, Contractor must participate in and promote Recycling and
other Diversion techniques at the community events and designated local activities
listed in Exhibit 2, at no cost to City, by providing educational information promoting
the goals of City’s Solid Waste Diversion and Recycling programs.
F. Non-English Language Requirements. The Contractor shall make all
public education and outreach materials required by this Section available
in English and Spanish.
4.3.3 Contamination Monitoring Procedures
A. Container Inspection Methods.
Contractor shall monitor the presence of Prohibited Container
Contaminants through the following inspection method:
Visual Inspections using the Contractor’s Smart Truck® system. For
Collection vehicles with automated Collection service, the Collection vehicle
hopper shall be equipped with a video camera and monitoring system. The
Contractor’s personnel shall observe, via the hopper video camera and
monitoring system, the contents of the Containers as the materials are
emptied into the vehicle. Upon finding Prohibited Container Contaminants
in a Container, Contractor shall follow the contamination protocols in
subsection 4.3.3.B. If the Contractor is unable to conduct contamination
monitoring for the purposes of route reviews due to Smart Truck® system
failures, the Parties will meet and confer to come to mutually agreeable
terms for Contractor’s monitoring of the presence of Prohibited Container
Contaminants.
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B. Fee and Noticing Procedures for Residential and Commercial
Customers. Contractor may use electronic, digital, or visual image
technology to visualize the contents of Blue Containers, Green Containers,
and Black Containers to identify the presence of Prohibited Container
Contaminants. Upon identifying Prohibited Container Contaminants in a
Container, Contractor shall follow these contamination noticing procedures
for Residential Customers:
1. First and Second Occurrence. For the first and second occurrence
within a rolling twelve (12) month period of contamination of any
Container, Contractor may Collect the contaminated Container and
shall deliver to the Customer a contamination violation notice that
contains instructions on the proper procedures for sorting of
Discarded Materials and states that for third and subsequent
incidents of contamination the Customer may be charged a
Contamination Fee for the Contaminated Container. Contractor shall
provide the contamination violation notice to the Customer by phone,
U.S. mail, e-mail, text, or other electronic means..
2. Third or Subsequent Occurrence. For the third or subsequent
occurrence within a rolling twelve (12) month period of contamination
of any Container, Contractor may collect the contaminated Container
and may charge the Customer a Contamination Fee as set forth in
Exhibit 1. Contractor shall provide the contamination violation notice
to the Customer by phone, U.S. mail, e-mail, text, or other electronic
means.. City shall consult with Contractor and consider appropriate
remedies (which may include legal remedies) against the offending
Customer to discontinue the contamination.
C. Service Exceptions for Excluded Waste; Notifications
1. Excluded Waste. If Contractor’s personnel observe Excluded
Waste in any uncollected Container, Contractor’s personnel shall
notify the Customer of the nature of Excluded Waste identified (to the
extent identifiable), and Contractor shall not be required to collect
the Container that contains Excluded Waste. Contractor may, upon
each instance of observed Excluded Waste in a Container, charge
the Customer in accordance with subsection 4.3.3 D a
Contamination Fee as set forth in Exhibit 1.
2. Excluded Waste Reporting. Contractor must notify all agencies
having jurisdiction over Excluded Waste, as may be required by
Applicable Law, including, but not limited to, notifying the California
Department of Toxic Substances Control, Local Emergency
Response Providers, and the National Response Center, of
reportable quantities of Hazardous Waste that are found or observed
in Solid Waste anywhere within the City. In addition to other required
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notifications, if any substances are observed that Contractor’s
employees reasonably believe or suspect to contain Hazardous
Waste and that have been unlawfully disposed of or released on any
City property, including storm drains, streets, or other public rights-
of-way, Contractor will immediately notify the City Manager in writing.
3. Hazardous Waste Diversion Records. Contractor must maintain
records showing the types and quantities, if any, of Hazardous Waste
found in Solid Waste and which was inadvertently Collected from
Customers within the City, but Diverted from landfilling.
D. Non-Collection Notice. Upon identification of Prohibited Container
Contaminants in any Container in excess of fifty (50) percent of the
containers visible contents or Excluded Waste, Contractor shall not be
required to Collect the Container. If a Container is not Collected due to
contamination of the presence of Excluded Waste, Contractor shall provide
a non-Collection notice to the Generator. The non-Collection notice shall, at
a minimum: (i) inform the Customer of the reason(s) for non -Collection; (ii)
include the date the notice was left or issued; (iii) describe the charge to the
Customer for Contractor to return and Collect the Container after Customer
removes the Contamination based on Rates set forth in Exhibit 1; and (iv)
provide a warning statement that a Contamination Fee may be assessed if
Prohibited Container Contaminants are observed on more than three (3)
occasions in accordance with Section 4.3.3 B. The non-Collection notice
shall include photographic evidence of the violation(s). Contractor’s notice
of non-Collection provided by phone, U.S. mail, e-mail, text, or other
electronic means of such contamination.
Contractor shall submit a sample of its non-Collection notice to the City for
approval prior to implementing use of it with Customers. Contractor shall
notify the Jurisdiction in its monthly report of Customers for which non -
Collection notices were provided.
E. Disputes. In the event of any dispute between a Customer and Contractor
regarding an increase in the service levels relating to Prohibited Container
Contaminants, the matter shall be resolved by the City Manager, whose
decision shall be final. If a Customer disputes, in writing, an assessment of
a Contamination Fee within thirty (30) days of the assessment, Contractor
will temporarily halt any such assessment and Contractor may request a
ruling by the City Manager to resolve the dispute. A request by Con tractor
to the City Manager to rule on any such dispute must be filed within ten (10)
Business Days of a Customer’s written dispute, and Contractor must include
written documentation and digital/visual evidence of ongoing overall
problems. Upon receipt of such documentation, the City Manager will rule
on the dispute within ten (10) Business Days, and the City Manager decision
resolving the dispute between Customer and Contractor will be final.
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4.3.4 Route Reviews
Contractor shall, at its sole expense, on an annual basis, conduct Hauler Route
reviews for Prohibited Container Contaminants in compliance with 14 CCR Section
18984.5(b) and Applicable Law. The Contractor may conduct Hauler Route
reviews through the use of the Contractor’s Smart Truck ® system or in a manner
deemed appropriate by City and deemed safe by Contractor; and in a manner that
results in all Hauler Routes being reviewed annually. Contractor shall conduct
Hauler Route reviews that include inspection of the contents of Customers’
Collection Containers for Prohibited Container Contaminants in a manner such that
a minimum of one hundred seventy -five (175) and a maximum of two hundred
seventy-five (275) Commercial Premises Containers and a minimum of five
hundred (500) and a maximum of six hundred (600) Residential Premises
Containers are inspected annually. Containers may be randomly selected along
Hauler Routes. Contractor shall develop a Hauler Route review methodology to
accomplish the above Container inspection requirements and such methodology
shall comply with the requirements of 14 CCR Section 18984.5(b). Contractor shall
submit its proposed Hauler Route review methodology to the City one (1) month
prior to Hauler Route reviews describing the Contractor’s proposed methodology
for the upcoming Hauler Route reviews and schedule for performance of each
Hauler Route’s annual review. Contractor’s proposed Hauler Route review
methodology shall include its plan for Container inspections, and may also include
its plan for prioritizing the inspection of Customers that are more likely to be out of
compliance. City will review and approve the proposed methodology. Contractor
may commence with the proposed methodology upon approval. If City and/or
CalRecycle notifies Contractor that the methodology is inadequate to meet the
requirements of 14 CCR Section 18984.5(b), Contractor shall, at its sole expense,
revise the methodology and, after obtaining City or CalRecycle approval, as
applicable, implement the revised procedure.
A. Upon finding Prohibited Container Contaminants in a Container, Contractor
shall record each event of identification of Prohibited Container
Contaminants in the on-board computer system including date, Customer’s
address, type of Container (Black, Blue, or Green Container); and maintain
photographic evidence. Contractor shall submit this record to the
Contractor’s Customer service department, and Contractor’s Customer
service department shall update the Customer’s account record to note the
event, if the on-board computer system did not automatically update the
Customer’s account record. The Contamination Fee notice shall describe
the contaminated material(s), instructions on the proper procedures for
sorting of Discarded Materials, and indicate that the Customer may be
charged a Contamination Fee.
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B. Contractor shall maintain records required under 14 CCR Section 18984.6
and Section 18995.1 related to its compliance under Section 6.3.5.A.4.
Reports shall be provided to City within thirty (30) Business Days of
generation.
ARTICLE 5.
CONTRACTOR COMPENSATION, RATES, AND FEES; CITY FEES
5.1 General
A. The compensation provided for in this Article 5 shall be the full
compensation due to Contractor under this Agreement for all labor,
equipment, materials, supplies, taxes, insurance, bonds, overhead,
Disposal, Transfer, profit, and all other things necessary to perform all
services required by this Agreement.
B. Contractor shall perform the duties described in this Agreement in
consideration of the right to receive compensation for such services
rendered at amounts not to exceed the Rates.
C. Should the payment date for any fee payable by Contractor to City pursuant
to this Article 5 fall on a Saturday, Sunday, or Holiday, payment shall be
due on the next Business Day following.
5.2 Compensation to Contractor
A. The initial rates set by Contractor for services provided pursuant to this
Agreement shall not exceed the Rates set forth in Exhibit 1. The
compensation paid to Contractor for services rendered from the Operative
Date shall not exceed the Rates set forth in Exhibit 1, unless otherwise
provided for herein or in a written amendment to this Agreement, or adjusted
pursuant to Section 5.3. Unless and until the Rates set forth in Exhibit 1 are
adjusted, Contractor shall provide the services required by this A greement
charging no more than the Rates and fees authorized by Exhibit 1, except
as provided herein.
B. The Parties agree that the rates to be charged by Contractor to Customers
are set by Contractor as a private contractor in the marketplace. City’s role
with respect to rate setting is to establish rate ceilings for the protection of
Customers given the exclusive status afforded Contractor by this
Agreement and given the nature of the services it is to provide. Accordingly,
the Parties agree that this Agreement shall be construed to maintain the
status of the rates Contractor chooses to charge its Customers as privately-
established rates and not as property-related fees within the scope of Article
XIII D of the California Constitution (“Article XIII D”) or taxes within the scope
of Articles XIII A and XIII C Section 1 subd. e of the California Constitution.
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C. Notwithstanding the foregoing, at the City’s election, in the City’s sole
discretion and without admitting the applicability of Article XIII D to the Rates
to be charged by Contractor to Customers, City may determine to comply
with Article XIII D and the Proposition 218 Omnibus Implementation Act
(California Government Code Section 53750, et seq.) with respect to City’s
adjustment of the Rates set forth in Exhibit 1. In such case, adjustments to
the Rates shall only be effective after the City Council approves the
adjustments following the completion of proceedings under Article XIII D in
the absence of a majority protest. If City makes such election, City agrees
to promptly undertake proceedings required pursuant to Article XIII D upon
the substantiation of the need for a Rate adjustment pursuant to subsection
5.3.1 or subsection 5.3.3.
5.3 Future Adjustments
5.3.1 Annual Rate Adjustment
A. Beginning January 1, 2026 and on each January 1 thereafter, the Rates
set forth in Exhibit 1, including all of Contractor’s ancillary fees and charges
set forth in Exhibit 1 or otherwise in this Agreement, shall be adjusted as
set forth below. All requests for Rate adjustments shall be submitted by
Contractor to the City Manager not less than ninety (90) days prior to a
requested adjustment of the Rates and shall be accompan ied by the
proposed calculated adjustment to the Rates and supporting documentation
satisfactory to the City Manager. Failure of Contractor to request an
adjustment to the Rates pursuant to this subsection 5.3.1 in any year shall
result in Contractor waiving its right to adjust the Rates for that year. The
City Manager shall review the information submitted by Contractor for
completeness and accuracy, and the Parties agree to negotiate in good faith
regarding any dispute. No Rate adjustment pursuant to this subsection
5.3.1 shall become effective unless approved in writing by the City
Manager.
B. Annual Consumer Price Index Adjustment. The Rates set forth in
Exhibit 1 will be subject to an annual CPI adjustment beginning January 1,
2026. Each CPI adjustment will be calculated by computing the average
percentage upwards or downwards change, if any, in the CPI index for the
twelve month annual period ending in August of each year, and multiplying
the applicable amount to be escalated by sev enty percent (70%) of that
percentage upwards or downwards change in the CPI. This Rate
adjustment shall be applied to the base Rate, which excludes the Franchise
Fee and AB 939 fee, and is subject to the limitations in subsection 5.3.1.
By way of example, the calculation to determine the CPI multiplier is as
follows:
1. Current year CPI, Annual Average (ending August) 224.6
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2. Previous year CPI, Annual Average (ending August) 221.4
3. Change in index (Line 1 minus Line 2) 3.2
4. % increase (3.2 ÷ 221.4 = .0144) X 70 = 1.00%
As used herein, the Annual Average is comparing the average percentage
upwards or downwards change, if any, in one 12-month period against
another 12-month period.
C. Landfill Tipping Fee Adjustment. The Rates listed below shall be
adjusted to reflect changes in the landfill tipping fee. The tipping fee
adjustment shall be equal to thirty percent (30%) of the amount derived by
multiplying the percent change in the tipping fee from the prior year by the
previous Rate. This Rate adjustment shall be applied to the base Rate,
which excludes the Franchise Fee and AB 939 fee, for the following Rates
contained in Exhibit 1: residential service, trash Cart upgrades, additional
trash Carts, Move in/Move Out, Commercial and Multi-Family Bins,
temporary trash Bins, and temporary trash Roll-offs.
D. Adjustment Limitations. Notwithstanding the above, the Rate adjustment
may not result in a decrease in the Rates, or an increase for any given
annual adjustment by more than five percent (5%). In the event the
formulas set forth above would have allowed for a greater than five percent
(5%) increase, or a decrease, in any given year, the unused percentage
increase or decrease otherwise permitted shall be carried over until such
time as it may be applied without violating the provisions of this subsection.
However, if the deferred percentage cannot be fully carried over as part of
the next adjustment due to the five percent (5%) maximum increase or zero
percent (0%) maximum decrease, any unused increment would carry over
to the subsequent annual adjustment until fully utilized.
5.3.2 NOT USED
5.3.3 Extraordinary Rate Adjustment.
In addition to the annual adjustment provided for in subsection 5.3.1, beginning
with the Rate Period commencing on January 1, 2026, but not more often than
annually, Contractor may apply for an increase in the Rates if Contractor can
demonstrate that Contractor’s operational costs have materially increased in an
amount greater than the adjustments made pursuant to subsection 5.3.1. For
purposes of this subsection, the determination of whether operational costs
increased by an amount greater than the adjustments pursuant to subsection 5.3.1
will be calculated based on the full amount of the percentage change in the CPI
per subsection 5.3.1.B, as if the five percent (5%) limitation in subsection 5.3.1.B
was not applied.
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For the purpose of this subsection, operational costs may include but are not
limited to: motor vehicle fuel; insurance; Contractor’s personnel costs (salaries
and benefits); equipment repair costs; landfill and Processing fee; tipping fees;
equipment purchases; and Recyclable Materials market conditions, including
commodity values, Transportation costs, Processing costs for Organic Waste, and
materials Processing costs for Recyclable Materials to return to the market. When
applying for an increase, Contractor shall submit to City information, in writing, in
support of the adjustment.
Contractor shall submit non-confidential and non-proprietary, data reasonably
requested in the format prescribed by the City Manager. The City Council shall
review the information submitted by Contractor, and in its reasonable judgment,
make the final determination on the appropriate amount of any adjustment. City
may consider increases or decreases in Contractor’s total revenues and total cost
of services when reviewing an extraordinary Rate adjustment request.
Notwithstanding the preceding sentence, a requested adjustment may not be
denied in connection with changed or additional services and/or changed or
additional obligations under Section 2.8; any change in Applicable Law affecting
Contractor’s operations; increases in contractor street sweeping costs in Section
3.3.5 or changes in any state or local government fees, charges, and/or surcharges
related to Solid Waste or the services provided by Contractor, provided that
Contractor satisfactorily demonstrates to City that its costs have increased due to
any of the foregoing reasons. Any such Rate adjustment approved by the City
Council shall become effective at a time designated by the City Council.
5.3.4 Notice of Rate Increase
Contractor shall provide all Customers with advance written notice of Contractor’s
rate increases, in the form of a bill insert, at least fifteen (15) calendar Days prior
to the effective date of such increases.
5.3.5 Rate Invalidation Procedures
If a Rate adjustment requested per this Section 5.3 is determined by City Manager
to be accurately calculated in accordance with this Section, and was approved by
the City Manager or City Council, as applicable, or would otherwise have been
approved by the City Manager or City Council, as applicable, but is prevented from
implementation due to Applicable Law, a successful legal challenge, or (if the City
Council determines, in the City’s sole discretion, to comply with Article XIII D and
the Proposition 218 Omnibus Implementation Act (California Government Code
Section 53750, et seq.) with respect to City’s adjustment of the Rates set forth in
Exhibit 1), a valid majority protest pursuant to Article XIII D, then the Parties will
meet and negotiate in good faith to resolve the issue, including (i) revisions to the
Rates or City payment that may be acceptable to Contractor and/or (ii) adjustments
to the services and programs in order to provide minimum State mandated
services and programs within the then existing Rates. If the Parties cannot resolve
the issue within thirty (30) calendar days, Contractor is permitted to terminate this
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Agreement upon sixty (60) calendar days’ written notice to City. During such
period, Contractor will cooperate with City to transition services to City or its
designee.
5.4 Most Favored City
Only with respect to base Rates for three-Container Cart service provided to
Single-Family Premises Customers, Contractor agrees that, should it or its Affiliate
provide comparable integrated waste management services in the City of Simi
Valley during the Term of this Agreement, for rates (net of franchise fees or other
fees) lower than those charged by Contractor in the City, the base rates charged
to Residential Customers in the City of Moorpark for three Container Cart service
shall be reduced to an amount not greater than the amount charged to customers
in the City of Simi Valley. For purposes of this Section 5.4, “comparable integrated
waste management services” shall mean base service provided to Single -Family
Premises (or their equivalent in Simi Valley) using a three-container system for the
Collection of Black Container Waste, Source Separated Recyclable Materials and
Source Separated Green Container Organic Waste not less than once per
calendar week, at generally similar frequencies, and using generally similar
equipment and facilities. Contractor shall promptly provide City with a copy of its
current franchise agreement with the City of Simi Valley upon City request, at no
additional cost to City.
5.5 Franchise Fee
City and Contractor acknowledge that fees owed by Contractor under this Section
5.5 and under Section 5.6, below, are the product of extensive negotiations and
constitute valid consideration for the rights and privileges granted to Contractor
under this Agreement.
A. Contractor shall pay to City a Franchise Fee of twelve percent (12%) of
Gross Receipts from Residential Premises and eight percent (8%) percent
of Gross Receipts from Commercial Premises. All fees shall be payable by
Contractor to City, on a quarterly basis, no later than the 15th day of the
following quarter. Should the 15th day fall on a Saturday, Sunday, or
Holiday, payment shall be due on the next calendar day following. Fees not
received by City by the date due shall be subject to a late penalty fee of Five
Hundred Dollars ($500.00) and a penalty in an amount equal to two percent
(2%) of the total amount due if fees are one through ten (1 -10) days late;
and ten percent (10%) of the total amount due if fees are more than ten (10)
days late, except to the extent that such lateness is due to extenuating
circumstances.
B. In the event this Agreement expires or is terminated, the balance due of any
unpaid Franchise Fees shall be paid within thirty (30) calendar days after
the date services are terminated.
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C. Commencing December 31, 2025, and each December 31 thereafter,
Contractor shall deliver to City its estimate of Contractor’s Gross Receipts
for the next calendar year, so that City may budget for the amount of the
Franchise Fee City can anticipate receiving during the next calendar year.
5.5.1 NOT USED
5.5.2 Disputes Regarding Franchise Fee Remittances
No acceptance of any payment by City of the Franchise Fee shall be construed as
an accord that the amount is, in fact, the correct amount, nor shall such acceptance
of payment be construed as a release of any claim City may have against
Contractor for any additional sums payable under the provisions of this Agreement.
All amounts paid shall be subject to independent audit and recomputation by City.
If, after audit, such recomputation indicates a fee underpayment, Contractor shall
pay to City the amount of the underpayment within ten (10) calendar days of receipt
of written notice from City that such is the case. In addition, Contractor shall pay
interest on any underpayment as provided in subsection 5.5.A. Such interest shall
commence accruing on the date the underpayment would have originally been
due. Further, if, after audit, such recomputation indicates a Franchise Fee
underpayment of more than two and one -half percent (2½%), Contractor shall
reimburse City for all reasonable costs and expenses incur red in connection with
the audit and recomputation within ten (10) calendar days of receipt of written
notice from City that such is the case. If, after audit, such recomputation indicates
a Franchise Fee overpayment, City shall notify Contractor in writing of the amount
of the overpayment. Contractor may offset the payment or payments (as
appropriate) in the next payment due following receipt of such notice by the amount
specified therein. In case of dispute between City and Contractor regarding any
amounts due, Contractor shall pay the amount claimed by City as due and notify
City in writing at the time of payment as to any portion that is paid under protest,
specifying the basis of its claim of overpayment.
5.6 City Fees
5.6.1 Agreement Administrative Costs
Upon the Effective Date, Contractor shall make a one-time payment of Two
Hundred Fifty Thousand Dollars ($250,000.00) to reimburse City for expenses
incurred in connection with negotiating and entering into this Agreement.
5.6.2 AB 939 Fees
A. Contractor shall pay to City an AB 939 fee of One Dollar and Twenty Cents
($1.20) per month per regular full service Residential Account, One Dollar
and Fourteen Cents ($1.14) per month per thirty-two (32)-gallon Cart
Service/Limited Service Residential Account, Ninety-Five Cents ($0.95) per
thirty-two (32)-gallon Senior Cart Service Residential Account, and eight
percent (8%) of Gross Receipts from Commercial Premises. Contractor
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shall pay the AB 939 fee at the same time as the Franchise Fee pursuant
to Section 5.5.
B. In the event this Agreement expires or is terminated, the balance due of any
unpaid AB 939 fees shall be paid within thirty (30) calendar days after the
date services are terminated.
5.6.3 Annual Impact Fee
On July 1, 2025, and each July 1 thereafter, Contractor shall pay to City an annual
impact fee of One Hundred Eighty-Seven Thousand and Three Hundred Dollars
($187,300.00) to compensate City for impacts to its infrastructure from Contractor’s
activities. The expenditure of funds shall be at the discretion of City.
5.6.4 Household Hazardous Waste Contribution
On July 1, 2025, and each July 1 thereafter, Contractor shall pay to City a
Household Hazardous Waste contribution of Thirty-Five Thousand Dollars
($35,000.00) to offset City’s expenditures associated with Collection and Disposal
of Household Hazardous Waste. This annual contribution amount shall be adjusted
by CPI in the same manner that the rates are adjusted in accordance with
subsection 5.3.1.B.
5.6.5 Annual Rate Review Reimbursement
On or before November 1, 2025, and each November 1 thereafter, Contractor shall
pay to City Two Thousand and Seven Hundred Dollars ($2,700.00) to reimburse
City for expenses incurred in reviewing, calculating, preparing reports,
correspondence, and implementing the annual rate adjustments.
5.6.6 Late Payment
The provisions set forth in subsection 5.5.A with respect to late payment of the
Franchise Fee shall also apply to fee payments made in accordance with
subsections 5.6.2, 5.6.3, 5.6.4, and 5.6.5.
5.7 Grants
From time to time, federal, state, or local agencies including City may provide to
Contractor grants to assist in financing qualified programs provided by Contractor
(including, without limitation, grants for Diversion programs and related equipment,
alternative fuel vehicles and equipment, and Household Hazardous Waste
Collection/Disposal). Contractor and City shall coordinate grant application and
administration efforts as they may arise.
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ARTICLE 6.
RECORDS, REPORTS AND INFORMATION REQUIREMENTS;
PERFORMANCE REVIEW
6.1 General
Contractor shall at its sole expense maintain such full, complete, and separate
accounting, statistical, and other records prepared in accordance with generally
accepted accounting principles, related to its performance under this Agreement
as may be necessary to develop the financial statements and other reports
required by this Agreement. Gross Receipts derived from the provision of Solid
Waste Collection Services, whether performed by Contractor or a subcontractor or
subcontractors, shall be recorded as revenues in the accounts of Contractor. City
reserves the right to request audited, reviewed or compiled financial statements
prepared by an independent Certified Public Accountant, or as may be provided
by Contractor or its parent company. In the event Contractor does not maintain
separate financial or accounting records prepared specifically for services
provided under this Agreement, Contractor may use industry standard allocation
methods to provide financial information as applicable to the service pr ovided
under this Agreement. Contractor shall also maintain records to support requests
it may make to City, and to respond to requests of the City, and to help City fulfill
its obligations under Applicable Law including, but not limited to, AB 939, AB 34 1,
AB 1826, AB 876, AB 901, SB 1383, SB 54, and other current of future Federal,
State, or local regulations. Upon the written direction of City, the records and
reports to be maintained and provided by Contractor in accordance with this and
other Articles of this Agreement must be adjusted in content, number, format, or
frequency. In such event, Contractor shall be eligible for a compensation
adjustment under Section 2.8 provided that Contractor satisfactorily demonstrates
to City pursuant to Section 5.3 that its costs have increased due to the City’s
request. Any Rate adjustment shall be in accordance with Section 5.3.
6.2 Records
6.2.1 General
Contractor must maintain records required to conduct its operations, to support
requests it may make to City, and to respond to requests from City regarding the
performance of Contractor’s obligations under this Agreement. Adequate security
must be maintained to protect records from events that can reasonably be
anticipated, such as a fire, theft, or earthquake. Electronically-maintained data and
records must be protected and backed up. All records shall be maintained for
seven (7) years (or such longer period if required by Applicable Law), and the last
seven (7) years of records must be maintained for an additional seven years (7)
after the expiration or termination of this Agreement (or such longer period if
required by Applicable Law).
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The records of Contractor shall be made available to City and its official
representatives during normal business hours. City may review, audit, copy, and
inspect or use any of the records described in this Article for the purposes set forth
in Section 6.2.
6.2.2 Solid Waste Service Records
Contractor shall maintain all records relating to the following matters:
A. Subject to state and federal privacy laws, Customer service names and
addresses.
B. Customer service days.
C. Facilities, equipment, and personnel.
D. Log of Complaints and actions taken to remedy various issues.
E. Reported missed pick-ups.
F. Damage to public and/or private property in connection with performed
services.
G. Number and sizes of Black, Blue and Green Containers.
H. Tons Collected, Processed, Recycled, Diverted, and Disposed of by type of
service, waste stream, and Customer.
I. Weight of each category of Recyclable Materials recovered at a MRF.
6.2.3 Material Records
Contractor must maintain records of the quantities of: (i) Black Container Waste
Collected and Disposed under the terms of this Agreement, (ii) Recyclable
Materials, by type, Collected, purchased, Processed, sold, donated or given for no
compensation, and Residue disposed under this Agreement, and (iii) Organic
Waste, by type, Collected, purchased, Processed, sold, donated or given for no
compensation, and Residue disposed under this Agreement. If Contractor ceases
to provide Solid Waste Collection Services to City, Contractor must submit to the
City Manager all records pursuant to this Agreement within thirty (30) calendar
days after discontinuing service. These records must be in a chronological and
organized form and capable of being readily interpreted in a format acceptable to
the City.
6.2.4 Other Program Records
Records for other Solid Waste programs and services will be tailored to specific
needs. In general, they will include:
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A. Plans, tasks, and milestones; and
B. Accomplishments, such as activities conducted, quantities of products
used, produced or distributed, and numbers of participants and responses.
6.3 Reports
6.3.1 General
A. Records must be maintained in a format that facilitates the use of data
contained in them to structure reports, as needed, that can be used, among
other things, to:
1. Evaluate the efficiency of operations.
2. Evaluate past and current progress towards achieving the Act’s
goals and objectives.
3. Determine the needs for adjustments to Solid Waste programs.
4. Evaluate Customer service and Complaints.
5. Calculate fees based on the Local Street Access Agreement
described in subsection 2.5.F.
B. City will provide sample report formats, but Contractor may propose report
formats that are responsive to the objectives of each report. The format of
each report requires approval by City. Contractor shall submit all reports
on thumb drives or DVD, or by electronic means in a format that is
compatible with City’s software and computers at no additional charge, if
requested by City. When requested by City, an authorized Contractor
official shall certify, under penalty of perjury, that the report being submitted
is true and correct.
C. Monthly and quarterly reports must be submitted within thirty (30) calendar
days after the end of a month or quarter, as applicable. Should the 30th
day fall on a Saturday, Sunday, or Holiday, the report shall be due on the
next calendar day following. If requested, Contractor’s Complaint summary,
described in subsection 6.3.3.I, shall be sent to the City Manager within five
(5) calendar days of request. Annual reports must be submitted on or
before March 31 following the reporting year.
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All reports will be submitted to:
If by mail:
City Manager
City of Moorpark
323 Science Drive
Moorpark, CA 93021
If electronically:
SolidWaste@moorparkca.gov
6.3.2 Monthly Reports
The following information is the minimum required to be reported monthly and may
be submitted electronically:
A. Tons of Solid Waste collected by Contractor for the previous month sorted
by type of material, type of Account (Residential, Commercial, Multi-Family,
Roll-offs) and the Facilities where the tonnage was Processed or Disposed.
B. Customers for which Contamination Fees were assessed including Account
name, Account address, and amount charged.
6.3.3 Quarterly Reports
The following information is the minimum required to be reported quarterly and
may be submitted electronically:
A. Number of Cart Service Accounts billed by Contractor, including the number
of Accounts at each Service Level and the percentage of Accounts
participating in the Recycling program and the Organic Waste program.
B. Number of Multi-Family Bin or Roll-off Service Accounts billed by
Contractor, including the percentage of Accounts participating in the
Recycling program and the Organic Waste program.
C. Number of Commercial Accounts billed by Contractor, including the
percentage of Commercial Accounts participating in the Recycling program
and the Organic Waste program.
D. Statement showing kinds of Recyclable Materials collected and the quantity
sold (in Tons) and/or Disposed of.
E. Number of Bulky Items pick-ups completed.
F. Number of missed collections reported to Contractor.
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G. Copies of promotional and public education materials sent during the
preceding quarter, also to include the dates materials were provided and
number of Accounts receiving the materials.
H. Copies of Hazardous Waste Diversion records showing types and
quantities, if any, of Hazardous Waste that was inadvertently Collected, but
Diverted from landfilling.
I. Complaint summary for the quarter, identifying the nature of Complaints.
J. Other information or reports that City may reasonably request.
K. If requested by City, weight totals for material Collected at events sponsored
or co-sponsored by City including percent of total material Diverted from the
Landfill.
6.3.4 Annual Report
The annual report may be submitted in electronic format and shall combine the
information contained in the monthly and quarterly reports and shall also include:
A. A complete inventory of equipment used to provide all services (such as
vehicles and whether they comply with Ventura County Air Pollution Control
District and California Air Resources Board requirements, Containers by
size, and the waste stream from each type of Container).
B. Subject to State and federal privacy laws, a list of all Accounts billed by
Contractor, including service address, billing address, and service levels,
i.e., number of Carts in service by type of service (Black Container Waste,
Source Separated Recyclable Materials, Source Separated Green
Container Organic Waste), size (32-, 64- or 96-gallon), and additional Cart
charges; and for Bins and Roll-off Service, the number and size of
Containers, and type and frequency of service.
C. The Annual Audit required under Section 3.10.
D. Material Records required under subsection 6.3.2.A.
E. A calculation of Street Sweeping Credit Hours as described in Section 1.8
of Exhibit 3.
F. General information about Contractor, including a list of officers and
directors, and the most recent annual report and other periodic public
financial reports of Contractor or Contractor’s parent guarantor.
6.3.5 SB 1383 Reporting
Commencing on the Effective Date, Contractor shall provide the following:
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A. Monthly Reports. Contractor shall on a monthly basis report the following
to City, with each monthly report including a year-to-date summary page as
well as the data submitted from the monthly report(s) submitted in the
previous calendar year:
1. Total quantities in Tons of Diversion in a manner that complies with
the Applicable Law and is acceptable to CalRecycle.
2. All invoices or similar record verification for all procurement of Mulch
and/or Compost pursuant to this Agreement.
3. Copies of all documentation of Route reviews conducted pursuant to
Section 4.3.4 which shall include:
• The number of route reviews conducted and a summary
thereof;
• The name or account name of each person or entity;
• A description of the Hauler Route and addresses covered by
a route;
• The date and/or dates the route review was conducted;
• The person or persons who conducted the action;
• The Contractor’s findings regarding compliance, including and
educational materials that were issued;
• Any relevant evidence supporting, such as photographs and
account records;
• A description of the locations of the Route reviews and the
addresses where Prohibited Container Contaminants are
found;
• Copies of all notices issued to Customers with Prohibited
Container Contaminants;
• Documentation of the number of Containers where the
contents were disposed due to observation of Prohibited
Container Contaminants;
• A description of the process used for determining the level of
contamination; and
• A summary of Contamination Fees assessed, broken down
by Customer type and amounts.
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4. A report listing all SB 1383 Regulatory Non-Compliance Complaints
asserting lack of compliance with SB 1383 or the SB 1383
Regulations and the following information:
• If the Complaint is not anonymous, the name and contact
information of the complainant.
• The identity of the alleged violator, if known.
• A description of the alleged violation including location(s) and
all other relevant facts known to the complainant.
• The identity of any witness, if known; and
• Documentation of “desk top” compliance reviews conducted.
5. Public Education and Outreach Report:
• A copy of all education and outreach materials provided to
Customers, or otherwise used for education and outreach
efforts in accordance with this Agreement, including, but not
limited to: flyers, brochures, newsletters, invoice
messaging/billing inserts, and website and social media
posts;
• A record of the date and to whom the information was
disseminated or direct contact was made, in the form of a list
that includes: the Customer’s name or account names, the
type of education or outreach received; the distribution date,
and the method of distribution;
• For any mass distribution through mailings or bill inserts, the
Contractor shall maintain a record of the date, a copy of the
information distributed, and the type and number of Accounts
that received the information;
• A copy of electronic media, including the dated posted of:
social media posts, e-mail, communications, or other
electronic messages.
B. Quarterly and Annual Reports. Contractor shall on a quarterly basis, and
an annual basis provide a summary of the information required in the
monthly reports, and such other information and/or back up data Contractor
is required to maintain under this Agreement as may reasonably be
requested by City to enable it to comply with its obligations under Applicable
Law.
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1. Contractor shall provide quarterly to the City a list of all Commercial,
Multi-Family, and Residential Accounts including, but not limited to:
Account name, service address, SB 1383 compliance status, and a
detailed list of services including a list of Container types, Container
capacity, and Container Collection frequency.
2. Contractor shall provide quarterly a list of Tier One and Tier Two
Commercial Edible Food Generators, Food Recovery Organizations
and Food Recovery Services located and operating in the City.
6.4 Adverse Information
A. Reporting Adverse Information. Contractor must provide to City a copy
of all reports, pleadings, applications, notifications, notices of violation, or
other communications that materially and adversely affect Contractor’s
performance of services under this Agreement, that are submitte d by
Contractor to, or received by Contractor from, the United States or California
Environmental Protection Agency, CalRecycle, the Securities and
Exchange Commission, or any other federal, state, or local agency,
including any federal or state court. Copies must be submitted to City
simultaneously with Contractor’s filing or submission of such matters to
those agencies. Contractor’s routine correspondence to those agencies
need not be submitted to City but must be made avai lable to City promptly
upon City’s written request.
B. Failure to Report. The refusal or failure of Contractor to file any required
reports, or to provide required information, or the inclusion of any materially
false or misleading statement or representation by Contractor in any
required report, will be deemed a material brea ch of this Agreement, as
described in subsection 8.1.4, and will subject Contractor to all remedies
that are available to City.
6.5 Right to Inspect Records
City has the right to inspect or review specific documents or records that are
required under this Agreement, and that City, in its reasonable discretion, deems
necessary to evaluate annual reports, monthly reports, compensation adjustment
applications, and Contractor’s performance.
6.6 Periodic Review
City will periodically review Contractor’s performance based on Contractor’s log of
Customer Complaints, timely payment of sums due, statistical reporting, program
progress, etc.
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6.7 Performance Review
A. City, at its sole discretion, may require up to three times during the Term of
this Agreement, a performance review subject to the terms and conditions
of this Section 6.7. A qualified firm under contract to City shall perform the
performance review; provided, however, that such qualified firm shall agree
to enter into a reasonable non-disclosure agreement to protect Contractor’s
Intellectual Property prior to beginning the performance review. City, in its
sole discretion, shall select the qualified firm to conduct the performance
review.
B. The costs of the performance review shall be equally shared by Contractor
and City, except that Contractor shall not be obligated to pay more than Two
Thousand and Five Hundred Dollars ($2,500.00) for any one performance
review. Notwithstanding the preceding sentence, if the performance review
finds a material breach or default in Contractor’s performance, Contractor
shall in a timely manner reimburse City the total cost of the performance
review within ten (10) calendar days of written demand from City.
C. The performance review shall address all appropriate areas, including, but
not limited to, the following areas, and shall provide specific
recommendations, as appropriate, for improvement in each area:
1. Compliance with the terms of this Agreement and Applicable Law.
2. Overall organizational structure, management systems, and
procedures.
3. Efficiency of Collection operations, including an analysis of routes,
schedules, and the impact to Agreement requirements.
4. Staffing practices, including the deployment of management and
supervisory personnel.
5. Financial management practices, including Contractor’s billing and
Collection system and its policies with regard to uncollected
Accounts.
6. Personnel management practices, including compensation policies
and the resolution of employee grievances.
7. Employee job and safety training and management of Hazardous
Waste.
8. Procedures for receiving and resolving Customer Complaints and
concerns.
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9. Procedures for the acquisition, maintenance, safety check, and
replacement of equipment.
10. Utilization and management of Facilities, equipment, and personnel.
D. Contractor shall cooperate fully with the performance review, and provide
(or with respect to Contractor’s Intellectual Property , make available for
review at its local office) within thirty (30) calendar days of request, all
operational, financial, and other information reasonably necessary for
purposes of conducting the performance review. Contractor’s failure to
cooperate or provide all requested information shall be considered an event
of default.
E. In conjunction with any performance review, City reserves the right to
require changes to Contractor’s operations, which City determines to be
necessary or appropriate by reason of the findings or results of the
performance review to carry out the intent of the terms and conditions of
this Agreement.
ARTICLE 7.
INDEMNIFICATION, INSURANCE AND BONDS
7.1 Indemnification
A. Contractor shall indemnify and hold harmless City, its elected and appointed
boards, officials, commissions, officers, employees, volunteers, contractors,
and agents (collectively, “Indemnitees”), from and against any and all loss,
liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law
or in equity of 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 of Contractor, its
officers, employees, agents, subsidiaries, or subcontractors in performing
services under this Agreement; (2) the failure of Contractor, its office rs,
employees, agents, subsidiaries, or subcontractors to comply in all respects
with the provisions of this Agreement, Applicable Law (including, without
limitation, Environmental Laws), ordinances and regulations, or applicable
permits and licenses; or (3) the acts of Contractor, its officers, employees,
agents, subsidiaries, or subcontractors in performing services under this
Agreement for which strict liability is imposed by law (including, without
limitation, Environmental Laws). The foregoing indemnity applies
regardless of whether such loss, liability, penalty, forfeiture, claim, demand,
action, proceeding, suit, injury, death, or damage is also caused in part by
any of the Indemnitees’ negligence, but does not extend to matters resulting
from the Indemnitees’ sole negligence or willful misconduct. Contractor
further agrees to and will, upon demand of City, at Contractor’s sole cost
and expense, defend (with attorneys acceptable to City) the Indemnitees
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against any claims, actions, suits in law or in equity or other proceedings,
whether judicial, quasi-judicial or administrative in nature, arising or
resulting from any of the events referenced above.
B. Contractor, upon demand of City, made by and through the City Attorney,
shall protect City and appear 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 “Recyclable Material,” or the limits of City’s authority with
respect to the grant of licenses or agreements, exclusive or otherwise,
asserting rights under the Dormant Commerce Clause or federal or state
laws to provide Solid Waste services in the City. This provision shall survive
the expiration of the Term during which Collection Services are to be
provided under this Agreement. City and Contractor will confer following
any trial to decide jointly whether to appeal or to oppose any appeal. If City
and Contractor jointly agree to appeal, or to oppose any appeal, City and
Contractor will share equally the costs of appeal. Should either City or
Contractor decide to appeal, or to oppose an appeal, and the other decides
not to appeal, or to oppose an appeal, the Party that decides to appeal, or
to oppose an appeal, will bear all fees and costs of the appeal or the
opposition to the appeal. The foregoing obligations will not apply to the
extent of City’s sole negligence or willful misconduct.
C. Contractor shall indemnify and hold harmless Indemnitees, from and
against any and all loss, liability, penalty, forfeiture, claim, demand, action,
proceeding or suit in law or in equity of every kind and description related
to the cyber liabilities listed below. Contractor, upon demand of City, made
by and through the City Attorney, shall protect City and appear and defend
the Indemnitees in any claims or actions by third parties, whether judicial,
administrative, or otherwise with respect to the items listed below. This
provision shall survive the expiration of the Term during which Collection
Services are to be provided under this Agreement. The foregoing indemnity
applies regardless of whether such loss, liability, penalty, forfeiture, claim,
demand, action, proceeding, suit, injury, death, or damage is also caused
in part by any of the Indemnitees’ negligence, but does not extend to
matters resulting from the Indemnitees’ sole negligence or willful
misconduct. City and Contractor will confer following any trial to decide
jointly whether to appeal or to oppose any appeal. If City and Contractor
jointly agree to appeal, or to oppose any appeal, City and Contractor will
share equally the costs of appeal. Should either City or Contractor decide
to appeal, or to oppose an appeal, and the other decides not to appeal, or
to oppose an appeal, the Party that decides to appeal, or to oppose an
appeal, will bear all fees and costs of the appeal or the opposition to the
appeal.
1. Liability arising from the theft, dissemination, and/or use of a
Customer’s confidential or personally identifiable information;
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including credit monitoring and regulatory fines arising from such
theft, dissemination, or use of the confidential information.
2. Network security liability arising from the unauthorized use of, access
to, or tampering with computer systems.
3. Liability arising from the failure of technology products (software)
required for Contractor to properly perform the services intended.
D. Contractor’s duty to indemnify and defend against the above -referenced
events arising during the Term of this Agreement, and as it may be
extended, shall survive the expiration or earlier termination of this
Agreement.
7.2 Hazardous Substances Indemnification
Contractor must defend with counsel reasonably acceptable to City, indemnify,
protect, and hold harmless the Indemnitees from and against all claims, damages
(including but not limited to special, consequential, natural resources, and punitive
damages), injuries, costs, (including without limitation all response, remediation,
and removal costs), losses, demands, claims, debts, liens, liabilities, causes of
action, suits, legal or administrative proceedings, interest, fines, charges,
penalties, attorneys’ fees for the adverse party, and expenses (including without
limitation attorneys’ and expert witness fees and costs incurred in connection with
defending against any of the foregoing or in enforcing this indemnity), (collectively,
“Damages”) of any kind whatsoever paid, incurred or suffered by, or asserted
against, the Indemnitees arising from or attributable to the acts or omissions of
Contractor, its officers, directors, employees, subsidiaries, or agents, whether or
not negligent or otherwise culpable, in connection with or related to the
performance of this Agreement in connection with any Hazardous Substance,
Hazardous Waste, Household Hazardous Waste that has been generated,
Collected, stored, Transported, or Disposed of in the City, including without limit
Damages arising from or attributable to any repair, cleanup, or detoxification, or
preparation and implementation of any removal, remedial, response, closure, or
other plan (regardless of whether undertaken due to governmental action). The
foregoing indemnity is intended to operate as an agreement pursuant to Section
107(e) of the Comprehensive Environmental Response, Compensation and
Liability Act (“CERCLA”), 42 U.S.C. § 9607(e); Resource Conservation and
Recovery Act (“RCRA”), 42 U.S.C. §§ 6901 et seq.; and California Health and
Safety Code Section 25364, to defend, protect, hold harmless, and indemnify the
Indemnitees from liability. This provision is in addition to all other provisions in this
Agreement and will survive the end of the Term of this Agreement. The foregoing
indemnity applies regardless of whether such Damages are also caused in part by
any of the Indemnitees’ negligence, but does not extend to matters resulting from
the Indemnitees’ sole negligence or willful misconduct. The liability of Contractor
under this Section 7.2 is not limited to the limits of the policies of insurance
provided for under Section 7.5. The foregoing obligations will not apply with
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respect to any facility designated by City under Section 3.9 except for facilities
owned and operated by Contractor or its Affiliate.
7.3 Reduction of CERCLA and Other Liabilities
City and Contractor agree to meet annually, at the request of City, to discuss ways
to reduce potential CERCLA and other liabilities to third parties.
7.4 Indemnification for Failure to Meet Diversion Requirements
Subject to the requirements of Public Resources Code Section 40059.1, which
shall control in the event of any conflict with the provisions of this Section,
Contractor shall indemnify and hold harmless City from and against all fines and
penalties imposed by CalRecycle if the source reduction and Recycling goals, or
any other requirements of the Act or similar legislative reenactments, are not met
by City except to the extent caused by the City’s sole negligence or willful
misconduct. In the event CalRecycle provides an administrative process to
challenge the imposition of a compliance order or a fine or fines, Contractor shall
be responsible for engaging consultants and/or attorneys to represent City in any
challenge. Contractor shall also be responsible for the retention of and payment
to any consultants engaged to perform waste generation studies (Diversion and
Disposal). All consultants and/or attorneys engaged hereunder are subject to the
mutual agreement of City and Contractor.
Contractor’s indemnification of City is subject to all of the following restrictions:
A. Contractor’s obligation to indemnify City shall not be enforceable if the state -
imposed penalty is based solely upon the failure of City to establish and
maintain a source reduction and recycling element pursuant to the Act.
B. No payment required under Contractor’s obligation to indemnify City may
exceed that portion of any penalty assessed by the state against City that
was attributable to Contractor’s breach of or noncompliance with an express
obligation or requirement. Further, Contractor shall not be liable under the
indemnity obligation to the extent that Contractor’s breach or
noncompliance resulted from City’s action or failure to act, determined as a
result of judicial review, hearing, or appeal to CalRecycle.
7.5 Insurance
Contractor must maintain in force for the term of this Agreement the policies of
insurance specified in this Section. City does not waive any rights against
Contractor that it may have under the above -referenced hold harmless provisions
because of acceptance by City of the insurance policies, or the deposit with City
by Contractor of the insurance certificates or endorsements, described below.
A. Minimum Scope of Insurance. Coverage must be at least as broad as:
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1. The most recent editions of Insurance Services Office Commercial
General Liability coverage (“Occurrence” form CG 0001).
2. The most recent editions of Insurance Services Office form number
CA 0020 covering Automobile Liability, Code 1 “any auto”.
3. Workers’ Compensation insurance (as required by the Labor Code
of the State of California) and Employers Liability insurance.
B. Minimum Limits of Insurance. Contractor must maintain in force for the
term of this Agreement limits no less than:
1. General Liability: Ten Million Dollars ($10,000,000.00) limit per
occurrence, for bodily injury, personal injury, and property damage.
If Commercial General Liability insurance or other form with a
general aggregate limit is used, either the general aggregate limit will
apply separately to this project location or the general aggregate limit
will be twice the required occurrence limit.
2. Automobile Liability: Five Million Dollars ($5,000,000.00) per
accident for bodily injury and property damage.
3. Workers’ Compensation and Employers Liability: Workers’
Compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of One Million Dollars
($1,000,000.00) per accident.
4. Pollution Liability: Pollution Liability insurance shall be written on a
a Contractor’s Pollution Liability form or other form acceptable to City
providing coverage for liability arising out of sudden, accidental and
gradual pollution and remediation. The policy limit shall be no less
than Five Million Dollars ($5,000,000.00) per claim and in the
aggregate.
5. Contractor agrees that, should it provide greater insurance coverage
for a neighboring city during the term of this Agreement, then
Contractor shall provide the same insurance coverage to City. For
the purposes of this Section 7.5, “neighboring city” shall mean the
City of Simi Valley.
C. Deductibles and Self-Insured Retentions. In the event that City believes
that Contractor is unable or unwilling to pay any deductibles or self-insured
retentions, Contractor shall procure a bond guaranteeing payment of all
losses and expenses of related investigations, claims administration, an d
defense in the amount of those deductibles or self-insured retentions.
D. Other Insurance Provisions. The policies must contain, or be endorsed
to contain, the following provisions:
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1. General Liability and Automobile Liability Coverages.
(a) City and its officers and employees 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; and vehicles owned, leased,
hired or borrowed by Contractor. The coverage must contain
no limitations on the scope of protection afforded to City, its
elective and appointive boards, commissions, officials,
employees, agents or volunteers. Contractor may comply with
this requirement via a blanket form endorsement.
(b) The automobile liability policy shall be endorsed to delete the
Pollution and/or the Asbestos exclusion and add the Motor
Carrier Act endorsement (MCS-90), TL 1005, TL 1007 and/or
other endorsements required by federal or state authorities.
(c) Contractor’s insurance coverage must be primary insurance
with respect to the Indemnitees. Any insurance or self -
insurance maintained by City, its officials, elective and
appointive boards, commissions, employees, agents or
volunteers will be excess of Contractor’s insurance and will
not contribute to it.
(d) Any failure to comply with reporting provisions of the policies
will not affect coverage provided to the Indemnitees.
(e) Coverage must state that Contractor’s insurance will 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 must agree to waive all rights of subrogation against the
Indemnitees for losses arising from work performed by Contractor for
City pursuant to this Agreement.
3. All Coverages. Each insurance policy required by this Section must
be endorsed to state that coverage will not be canceled except after
thirty (30) calendar days’ prior written notice has been given to City.
Further, in addition to the requirements of subsection H below,
Contractor shall provide prompt notice to City upon receipt of a notice
of suspension, a reduction in coverage or non-renewal. All policies
shall waive any right of subrogation of the insurer against the City,
its officials, officers, employees, agents, and volunteers, or any other
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additional insureds. Contractor may comply with this Section
through the use of a blanket endorsement.
E. Acceptability of Insurers. The insurance policies required by this Section
must be issued by an insurance Contractor or companies authorized to do
business in the State of California and with a rating in the most recent edition
of Best’s Insurance Guide of category VII or larger, and a rating
classification of A- or better.
F. Verification of Coverage. Contractor must furnish City with certificates of
insurance and with original endorsements effecting coverage required by
this Section. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be on forms provided
by or acceptable to City and are to be received and approved by City before
work commences. City reserves the right to inspect copies of
endorsements and/or policy wording at Contractor’s local business office,
upon prior written notice to Contractor. Renewal certificates will be
furnished periodically to City to demonstrate maintenance of the required
coverage throughout the term of this Agreement.
G. Companies and Subcontractors. Contractor must include all other
companies and subcontractors performing activities in City as insureds
under its policies or furnish separate certificates and endorsements for each
other company and subcontractor. All coverages for companies and
subcontractors will be subject to all of the requirements stated in this
Section.
H. Required Endorsements.
1. The Workers’ Compensation policy must contain an endorsement in
substantially the following form:
“Thirty (30) days’ prior written notice will be given to City in the event
of cancellation of this policy. Such notice shall be sent to:
City Manager
City of Moorpark
323 Science Drive
Moorpark, CA 93021”
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2. The Commercial General, Auto, and Pollution Liability policy must
contain endorsements in substantially the following form:
(a) “Thirty (30) days’ prior written notice will be given to City in the
event of cancellation of this policy. Such notice will be sent
to:
City Manager
City of Moorpark
323 Science Drive
Moorpark, CA 93021”
(b) “City, its officers, elective and appointive boards,
commissions, employees, agents, and volunteers are
additional insureds on this policy.” Contractor may comply
with this requirement via a blanket form endorsement.
(c) “This policy will be considered primary and noncontributory
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 will be considered excess insurance only.”
(d) “Inclusion of City as an insured will not affect City’s rights as
respects any claim, demand, suit or judgment brought or
recovered against Contractor. This policy will protect
Contractor and City in the same manner as though a separate
policy had been issued to each, but this will 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. Contractor must comply with all requirements of the insurers issuing
policies. The carrying of insurance will 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 party against Contractor, or any company or subcontractor, on
account of any occurrence related to this Agreement, Contractor
must promptly report the facts in writing to the insurance carrier and
to City.
2. 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 its cost
from any moneys due Contractor.
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7.6 Faithful Performance Bond
A. Performance Bond Required. Within fifteen (15) calendar days after the
Effective Date, but in any event prior to the Operative Date, Contractor shall
deliver to City a performance bond, from an admitted surety insurer with an
A.M. Best rating of not less than A-, in the amount of Two Hundred
Thousand Dollars ($200,000.00) substantially in the form provided in Exhibit
4, which secures the faithful performance of this Agreement, including,
without limitation, payment of any liquidated damages and the funding of
any work to cure a breach of this Agreement. The bond shall contain the
original notarized signature of an authorized officer of the surety and affixed
thereto shall be a certified and current copy of his power of attorney. The
bond shall be unconditional, continuously renewed, and remain in force
during the entire term of this Agreement and for the period specified in
subsection 7.6.C, and shall be null and void at the conclusion of that period
only if Contractor promptly and faithfully performs all terms and conditi ons
of this Agreement.
B. 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 City, forfeited to City . Upon
partial or full forfeiture of the performance bond, Contractor shall restore the
performance bond to its face amount within thirty (30) calendar days of
City’s declaration. Failure to restore the performance bond to its full amount
within thirty (30) calendar days shall be a material breach of contract.
C. Duty to Maintain Beyond Service Term. Some Agreement requirements
extend beyond the term and other requirements, such as minimum
Diversion rates per Section 3.4, will not be substantiated until after the final
service date. Therefore, Contractor shall not terminate the performance
bond, and will renew it to ensure continuous availability to City, until
receiving a written release from City. Any performance bond will
automatically expire at the end of 12 months after the end of the term unless
City has notified Contractor in writing as to a specific contractual area of
concern yet to be resolved, instructing Contractor to retain the bond.
Neither permission from City to discontinue holding this bond, nor permitted
expiration after 12 months, shall relieve Contractor of payments to City that
may be due, or may become due.
D. Costs of Collection. If the performance bond is drawn upon, all of City’s
costs of collection and enforcement of the provisions relating to the
performance bond called for by this Section, including all attorney’s fees
and costs, will be paid by Contractor.
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7.7 Property Damage
Any physical damage caused by the negligent or willful acts or omissions of
employees of Contractor to public or private property must be promptly repaired or
replaced by Contractor at Contractor’s sole expense, excluding normal wear and
tear.
7.8 Pavement Damage
Contractor is responsible for damage to City’s driving surfaces, whether paved or
not paved, beyond normal wear and tear, caused by Contractor’s vehicles.
Contractor understands that performance under this Agreement may involve the
operation of its collection vehicles over Private Streets. Disputes between
Contractor and its Customers as to damage to private pavement are civil matters,
and Complaints of damage received by City will be referred to Contractor as a
matter within the scope of Section 7.1. Co ntractor will obtain permission to enter
upon Private Streets within the City. Contractor may provide special services to
Accounts that are adjacent to Private Streets, such as scout service, for amounts
not to exceed the Rates set forth in Exhibit 1.
7.9 Corporate Guaranty
Within fifteen (15) calendar days after the Effective Date, Contractor must provide
to City a corporate guaranty (“Guaranty”) executed by Waste Management, Inc.,
guarantying the complete and timely performance by Contractor of each and every
term of this Agreement that Contractor is required to perform. The Guaranty must
be acceptable to the City Attorney, and substantially the form attached as Exhibit 5
to this Agreement.
ARTICLE 8.
DEFAULT, REMEDIES AND LIQUIDATED DAMAGES
8.1 Administrative Remedies; Imposition of Damages; Termination
8.1.1 Notice of Deficiencies; Response; Appeal
8.1.1.1 Notice of Deficiencies; Response
If the City Manager determines that Contractor’s performance is not in
conformity with the provisions of this Agreement, the Act (including, but not
limited to, requirements for Diversion, source reduction, and Recycling as
to the waste stream subject to this Agreement) or other Applicable Law,
including, but not limited to, the laws governing transfer, storage, or disposal
of Solid and Hazardous Waste, the City Manager may advise Contractor in
writing of the deficiencies, specifying the deficiencies in reasonable detail.
The City Manager, in any written notification of deficiencies, will set a
reasonable time within which Contractor must respond. Unless the
circumstances necessitate correction and response within a shorter period
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of time, Contractor must respond to the written notification of deficiencies
within thirty (30) calendar days from its receipt of that written notice. Unless
the circumstances necessitate correction and response within a shorter
period of time, Contractor may request additional time to correct
deficiencies. The City Manager may approve reasonable requests for
additional time.
8.1.1.2 Review by the City Manager; Notice of Appeal
A. The City Manager shall review any written response from Contractor
and decide the matter. If the City Manager’s decision is adverse to
Contractor, the City Manager may order remedial actions to cure any
deficiencies, assess the bond referred to in Section 7.6, or invoke
any other remedy in accordance with this Agreement. If the City
Manager determines that there has been a material breach and that
termination is the appropriate remedy, then the City Manager may
recommend to the City Council that this Agreement be terminated.
The City Manager must promptly inform Contractor of the City
Manager’s decision. If the decision is adverse to Contractor, the City
Manager must inform Contractor, in writing, of the specific facts
found and evidence relied upon, the legal basis for the City
Manager’s decision, and any remedial action taken or ordered. An
adverse decision by the City Manager will be final and binding on
Contractor unless Contractor files a “Notice of Appeal” with the City
Clerk (with copies to the City Manager and the City Attorney) within
thirty (30) calendar days of receipt of the City Manager’s notification
of the adverse decision.
B. In any “Notice of Appeal,” Contractor must state its factual
contentions and include any relevant affidavits, documents,
photographs, or videotapes that Contractor may choose to submit.
In addition, Contractor must include its legal contentions, citing
provisions of this Agreement or Applicable Law to support those
contentions.
8.1.1.3 Review by the City Manager; Appeal
A. Within thirty (30) calendar days of receipt by the City Clerk of a
“Notice of Appeal,” the City Manager will decide the matter. If the
City Manager’s decision is adverse to Contractor, the City Manager
may order remedial actions to cure any deficiencies, assess the bond
provided under Section 7.6, or invoke any other remedy in
accordance with this Agreement, except for termination. If the City
Manager determines that there has been a material breach and that
termination is the appropriate remedy, the City Manager may
recommend that the City Council terminate this Agreement. In
addition to the foregoing actions, the City Manager may refer the
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matter to the City Council for proceedings in accordance with
subsections 8.1.2 and 8.1.3. The City Manager must promptly inform
Contractor of the City Manager’s decision. If the decision is adverse
to Contractor, the City Manager must inform Contractor, in writing, of
the specific facts found and evidence relied on, the legal basis for the
City Manager’s decision, and any remedial action taken or ordered.
B. An adverse decision by the City Manager will be final an d binding
unless Contractor files a “Notice of Appeal to the City Council” with
the City Clerk (and serves a certified copy, by mail, on the City
Manager and the City Attorney) within thirty (30) days of receipt of
the decision of the City Manager. A “Notice of Appeal to the City
Council” must state the factual basis and all legal contentions and
must include all relevant evidence, including affidavits, documents,
photographs, or videotapes that Contractor may choose to submit.
8.1.2 City Council Hearing
If a matter is referred by the City Manager to the City Council, or an adverse
decision of the City Manager is appealed to the City Council by Contractor, the City
Council shall set the matter for a hearing and act on the matter. The City Clerk
must give Contractor fourteen (14) calendar days’ written notice of the time and
place of the hearing. At the hearing, the City Council shall consider the
administrative record, consisting of the following:
A. A staff report from the City Manager, summarizing the proceedings to date
and outlining the City Council’s options.
B. The City Manager’s written notification of deficiencies.
C. Contractor’s response to the notification of deficiencies.
D. The City Manager’s written notification to Contractor of adverse decision.
E. Contractor’s “Notice of Appeal”.
F. The City Manager’s written notification to Contractor of adverse decision.
G. Contractor’s “Notice of Appeal to the City Council”.
8.1.3 City Council Determination
Based on the administrative record, the City Council shall determine by resolution
whether the decision or order of the City Manager should be upheld, including any
recommended termination of this Agreement. If, based upon the administrative
record, the City Council determines that Contractor’s performance is in breach of
any term of this Agreement, or violates any provision of any applicable federal,
state, or local statute or regulation, the City Council, in the exercise of its discretion,
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may order Contractor to take remedial actions to cure the breach or impose any
other remedy in accordance with this Agreement. The City Council may not
terminate this Agreement unless it determines that Contractor is in breach of a
material term of this Agreement, or a material provision of any applicable federal,
state, or local statute or regulation. Contractor’s performance under this
Agreement is not excused during the period of time prior to a final determination
as to whether Contractor’s performance is in material breach of this Agreement, or
during the period of time set by City for Contractor to discontinue all or a portion of
its service under this Agreement. The decision or order of the City Council shall
be final and binding. With the exception of draws on the bond, the execution of
City’s remedies will be stayed until Contractor has exhausted its appeals under
Sections 8.1 and 8.2 of this Agreement.
8.1.4 Reservation of Rights by City
A. Subject to the requirements of Section 8.1.4(B), City reserves the right to
terminate this Agreement, or to impose liquidated damages, temporary
suspensions, or any other condition deemed appropriate, short of
termination, in the event of any material breach of this Agreement, including,
but not limited to any of the following:
1. Fraud or Deceit or Misrepresentation. If Contractor engages in, or
attempts to practice, any fraud or deceit upon City or makes a
misrepresentation to City regarding material information.
2. 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.
3. Failure to Maintain Coverage. If Contractor fails to provide or
maintain in full force and effect the Workers’ Compensation, liability,
and/or indemnification coverage required by this Agreement.
4. Violation of Regulations. If Contractor violates any orders of any
regulatory body having jurisdiction over Contractor or City that have
a material impact on Contractor’s performance under this
Agreement, provided that Contractor may contest any such orders
by appropriate proceedings conducted in good faith, in which case
no breach of this Agreement will be deemed to have occurred until a
final decision adverse to Contractor is entered.
5. Failure to Perform. If Contractor ceases to provide Collection,
Processing, or Recycling services as required under this Agreement
over all or a substantial portion of its franchise area for a period of
two consecutive days or more, for any reason within the control of
Contractor, but subject to subsection 8.3.2.
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6. Failure to Pay or Provide Information. If Contractor fails to make any
payments required under this Agreement or, subject to Section 9.16,
refuses to provide to City, within ten days of the demand, required
information, reports, or records in a timely manner.
7. Acts or Omissions. Any other act or omission by Contractor that has
a material effect on Contractor’s performance under this Agreement
that violates its terms, conditions, or requirements, the Act,
Applicable Law (including any Environmental Law), or any law,
statute, ordinance, order, directive, rule, or regulation issued
thereunder and which is not corrected or remedied within the time
specified 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 fails to commence to correct or remedy
such violation within the time specified in such notice and to
thereafter diligently effect such correction or remedy.
8. 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, that proves to be false or misleading in any material
respect as of the time such representation or disclosure is made.
9. Attachment. There is a seizure of, attachment of, or levy on, the
operating equipment of Contractor, including without limitation its
equipment, maintenance, or office facilities, or any part thereof.
10. Failure to Provide Assurance of Performance . If Contractor fails to
provide reasonable assurances of performance as required under
Section 8.4.
11. Felonious Conduct. If Contractor, or any of its officers or directors,
is found guilty of felonious conduct related to the performance of this
Agreement, or of felonious conduct related to antitrust activities,
illegal transport or disposal of hazardous or toxic materials, or bribery
of public officials related to the performance of this Agreement.
B. Upon a material breach by Contractor under subsection 8.1.4.A above, City
has the right to terminate this Agreement, without the need for any hearing,
suit, or legal action, as follows: (i) upon ten (10) calendar days’ notice for
any of the events in sub-subsections 1, 2, 8, or 11 above, or if the public
health or safety is threatened as a result of Contractor’s negligence or willful
misconduct, or (ii) for any other breach, upon thirty (30) calendar days’
notice and opportunity to cure; provided that, if by reason of the nature of
the default, the same cannot reasonably be remedied within thirty (30)
calendar days following receipt by Contractor of the notice then Contractor
must begin to cure within such thirty (30) calendar day period and continue
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to diligently pursue cure thereafter (with Contractor having the burden of
proof to demonstrate (a) that the default cannot be cured with thirty (30)
calendar days, and (b) that it is proceeding with diligence to cure such
default, and such default will be cured within a reasonable period of time ).
8.1.5 Cumulative Rights
A. City’s rights to terminate this Agreement are not exclusive, and City’s
termination of this Agreement shall not constitute an election of remedies.
These rights are in addition to all other legal and equitable rights and
remedies that City may have.
B. Because of the necessity for timely, continuous, and high -quality service,
the time required to effect alternative service, and the exclusive rights
granted by City to Contractor, the remedy of monetary damages for a
material breach of this Agreement by Contractor is inadequate, and City
may be entitled to obtain injunctive relief.
8.2 Liquidated Damages
A. General. The Parties agree that, as of the time of the execution of this
Agreement, it is impractical, if not impossible, to reasonably ascertain the
extent of damages that would be incurred by City as a result of a breach by
Contractor of its obligations under this Agreement. The factors relating to
the impracticability of ascertaining damages include, but are not limited to,
the fact that: (1) substantial damage results to members of the public who
are denied service or are denied quality or reliable s ervice; (2) 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 that are incapable of measurement in precise monetary
terms; (3) the services provided under this Agreement might be available at
substantially lower costs than alternative service, and the monetary loss
resulting from denial of service or from denial of quality or reliable service is
impossible to calculate in precise monetary terms; and (4) the termination
of this Agreement for such breaches, and other remedies are, at best, a
means of future correction and not remedies that 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 Collection Services 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 awarding the franchise. 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
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performance standards, or fails to submit required documents in a timely
manner, City and its residents will suffer damages and that it will be
impractical and extremely difficult to determine the exact amount of
damages that City will suffer. Therefore, without prejudice to City’s right to
treat such non-performance as an event of default under this Article 8, the
Parties agree that the following Liquidated Damages amounts represent a
reasonable estimate of the amount of such damages considering all of th e
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 to obtain an explanation of these liquidated damage p rovisions
prior to the execution of this Agreement.
Contractor City
Initial Here ______ Initial Here ______
Contractor agrees to pay as Liquidated Damages, and not as a penalty, the amounts set
forth below:
1. Collection Reliability
(a) For each failure to commence service to a new Account within
five (5) Business Days after order, which exceeds three such
failures in any one calendar year: $250.00
(b) For each failure to collect Black Container Waste, Source
Separated Recyclable Materials, or Source Separated Green
Container Organic Waste which has been properly set out for
Collection, from an established Account or Accounts, on the
scheduled Collection day and not Collected within the period
described in subsection 4.2.3, which exceeds five (5) such
failures in any one calendar year: $300.00 for each calendar
year plus $10.00 per occurrence per Account
(c) For each failure to collect Black Container Waste, Source
Separated Recyclable Materials, or source Separated Green
Container Organic Waste which has been properly set out for
Collection, from the same Account on two consecutive
scheduled pick-up days, or three (3) scheduled pick-ups in
any one calendar year: $600.00 for each calendar year plus
$20.00 per occurrence per Account
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2. Collection Quality
(a) For each occurrence of failure to properly return empty
Containers to avoid pedestrian or vehicular traffic
impediments, or to place Containers upright, which exceeds
five (5) such occurrences in any one calendar year: $100.00
(b) For each failure to clean up Black Container Waste, Source
Separated Recyclable Materials, or Source Separated Green
Container Organic Waste spilled from Containers (except
where caused by overloading by the Customer) that exceeds
five (5) such failures in any one calendar year: $100.00
(c) For each occurrence of collecting Black Container Waste,
Source Separated Recyclable Materials, or Source Separated
Green Container Organic Waste during unauthorized hours:
$150.00
(d) For each failure to clean or replace Containers in accordance
with subsection 3.5.3, which exceeds five (5) such failures in
any one calendar year: $100.00 for each calendar year plus
$10.00 per occurrence per Account
(e) For each failure to deliver a temporary Roll-off Box or
temporary Bin within 48 hours of a Customer’s request:
$100.00
3. Customer Responsiveness
(a) For each failure to initially respond to a Customer Complaint
within one Business Day: $100.00
(b) For each failure to carry out responsibilities for establishing
service: $100.00
(c) For each failure to remove graffiti from Containers or to
replace with Containers bearing no graffiti, within five (5)
Business Days of request from City or Customers: $100.00
4. 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:
(a) Monthly Reports: $100.00 per day
(b) Quarterly Reports: $150.00 per day
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(c) Annual Reports: $200.00 per day
5. Accuracy of Billing
(a) Each invoice billing run that is not prepared in accordance with
the maximum Rates set forth in Exhibit 1 and not rectified on
or before the next billing cycle: $100.00
(b) Each occurrence in which a service address is “double billed”
with multiple invoices sent to different billing addresses (for
example, both a tenant and an off-site property owner are
billed for service at the same location): $150.00
6. Implementation of Public Education Plan
Each Business Day past the agreed upon deadline that Contractor
fails to perform a task set forth in its public education plan: $50.00
per day.
C. Imposition of Liquidated Damages.
1. City may determine the occurrence of events giving rise to Liquidated
Damages through the observations of its own employees or
representatives or the investigation of Customer Complaints.
2. Prior to assessing Liquidated Damages, City shall give Contractor
notice of its intention to do so. The notice shall include a brief
description of the incident or the event of non -performance.
Contractor may review (and make copies at its own expense) all non-
confidential information in City’s possession relating to the incident
or the event of non-performance. Contractor may, within ten (10)
calendar days after receiving the notice, request a meeting with the
City Manager. Contractor may present evidence in writing and
through testimony of its employees and others relevant to the
incident or the event of non-performance. The City Manager shall
provide Contractor with a written explanation of the determination on
each incident or event of non-performance prior to authorizing the
assessment of Liquidated Damages. The decision of the City
Manager shall be final, unless appealed to the City Council in
accordance with subsection 8.1.2 (any such appeal requires
compliance with subsection 8.1.1.3.B).
D. Amount. City may assess Liquidated Damages for each calendar day or
each event, as appropriate, that Contractor is determined to be liable.
E. Timing of Payment. Contractor must pay any Liquidated Damages
assessed by City within ten (10) calendar days after they are assessed. If
assessed damages are not paid within the ten-day period, City may proceed
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against the performance bond or order the termination of the franchise
granted by this Agreement, or exercise any other right or remedy available
to City under this Agreement or in law or in equity, or any combination of
these remedies.
8.3 Excuse from Performance
8.3.1 Force Majeure.
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, pandemics, epidemics, other natural disasters, war, civil insurrection,
riots, acts of any government (including judicial action or mandated quarantines),
and other similar catastrophic events which are beyond the control of and not the
fault of the Party claiming excuse from performance hereunder.
8.3.2 Labor Unrest.
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 will be considered an excuse from performance to the
extent that Contractor meets the terms of this Section 8.3. Notwithstanding other
remedies to which City shall be entitled under this Agreement in event of failure to
perform, in the event of Contractor’s failure to perform, or anticipated failure to
perform, due to labor unrest, Contractor shall:
1. Have provided a contingency plan to City within ninety (90) calendar
days of 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
to meet City requirements, including reasonably demonstrating how
City’s basic Collection and sanitary needs will be met to City’s
satisfaction. The plan shall address, at a minimum, the priority of
Collection by customer type (residents, hospitals, restaurants,
nursing homes, etc.) and waste streams, additional Collection
options to be provided (drop-off sites, etc.), source of additional
personnel to be utilized and detailed communications procedures to
be used.
2. Notify the City Manager sixty (60) calendar days prior to the
expiration of its drivers’ labor agreement.
3. Meet the requirements agreed to in the contingency plan.
4. Meet requirements of subsection 8.3.3 below.
Contractor shall meet all requirements under this Section or City may
choose to revoke this excuse from performance offered under this
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Agreement and may choose to use enforcement provisions under this
Agreement, including Sections 8.1, 8.3 and 8.4, 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.
8.3.3 Procedures in Event of Excused Performance.
The Party claiming excuse from performance under subsection 8.3.1 or 8.3.2 shall,
within two days 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. Throughout service disruption, Contractor shall:
1. Provide City with a minimum of daily service updates.
2. Shall notify Customers on a real-time basis as to alternative
Collection procedures. At a minimum, Contractor shall update its
website and shall provide ongoing updates to City for use on its
website, and a “reverse 911” contact method to reach all possible
Customers. Should enhanced contact technologies become
available, Contractor shall use such methods upon approval from
City.
The interruption or discontinuance of Contractor’s services caused by one 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 ten (10) calendar days or more, City shall nevertheless have the right,
in its sole discretion, to terminate this Agreement by giving ten days’ notice. If
Contractor resumes full performance of its obligations prior to the expiration of the
ten-day notice period, the notice shall be of no further force or effect.
8.4 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
Agreement, in such form 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 will be an event of default.
ARTICLE 9.
OTHER AGREEMENTS OF THE PARTIES
9.1 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
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agent of Contractor shall be deemed to be an employee or agent of City. Except
as expressly provided herein, Contractor shall have exclusive control over the
manner and means of conducting the Solid Waste Collection Services performed
under this Agreement and over all persons performing those services. Contractor
is solely responsible for the acts and omissions of its officers, employees,
subsidiaries, subcontractors, affiliates, and agents. Neither Contractor nor its
officers, employees, subsidiaries, subcontractors, affiliates and agents will obtain
any rights to retirement benefits, Workers’ Compensation benefits, or any other
benefits that accrue to City employees by virtue of their employment with City.
9.2 Compliance with Law
In the performance of this Agreement, Contractor and City must at all times, and
at their sole cost, comply with all Applicable Law.
9.3 Governing Law
This Agreement is governed by, and will be construed and enforced in accordance
with, the laws of the State of California without regard to its conflicts of law
principles.
9.4 Jurisdiction
Any lawsuits between the Parties arising out of this Agreement will be brought and
concluded in the courts of the State of California, which will have exclusive
jurisdiction over such lawsuits. With respect to venue, the Parties agree that this
Agreement is made in and will be performed in Ventura County.
9.5 Assignment
A. Neither Party may assign its rights, nor delegate, subcontract, or otherwise
transfer its obligations under this Agreement, to any other person without
the prior written consent of the other Party. Any such assignment made
without the consent of the other Party is void, and the attempted assignment
will constitute a material breach of this Agreement.
B. For purposes of this Section and when used in reference to Contractor,
“assignment” includes, but is not limited to: (1) a sale, exchange, or other
transfer to a third party of substantially all of Contractor’s assets dedicated
to service under this Agreement; (2) 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;
(3) any dissolution, reorganization, consolidation, merger, re-capitalization,
stock issuance or re-issuance, voting trust, pooling agreement, escrow
arrangement, liquidation, or other transaction that results in a change of
ownership or control of Contractor; (4) any assignment by operation of law,
including insolvency or bankruptcy, an assignment for the benefit of
creditors, writ of attachment for an execution being levied against this
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Agreement, appointment of a receiver taking possession of Contractor’s
property, or transfer occurring in the event of a probate proceeding; and
(5) any combination of the foregoing (whether or not in related or
contemporaneous transactions) that has the effect of a transfer or change
of ownership, or change of control, of Contractor.
C. Contractor acknowledges that this Agreement involves rendering a vital
service to Accounts within the City, and that City has selected Contractor to
perform the specified services based on (1) Contractor’s experience, skill,
and reputation for conducting its operations in a safe, effective, and
responsible fashion, at all times in compliance with applicable
Environmental Laws, regulations, and the best Solid Waste management
practices; and (2) Contractor’s financial resources to maintain the required
equipment and to support its indemnity obligations to City under this
Agreement. City has relied on each of these factors, among others, in
choosing Contractor to perform the services to be rendered under this
Agreement.
D. If Contractor requests City’s consideration of and consent to an assignment,
City may deny or approve such request in its reasonable discretion. A
request by Contractor for consent to an assignment will require compliance
with the following requirements:
1. Any application for a change of ownership or a transfer will be made
in a manner prescribed by the City Manager and will include any
information reasonably required by the City Manager. The written
application must include a transfer application fee in th e amount of
Thirty-Five Thousand Dollars ($35,000.00), to cover the reasonable
costs of all direct and indirect administrative expenses of City,
including, without limitation, consultants and attorneys necessary to
analyze the application. The applicant must pay such transfer fee
prior to any authorized change of ownership or franchise transfer
becoming effective. Notwithstanding the above, payment of a
transfer fee will not be required in the event of an assignment to an
Affiliate of Contractor.
2. Except for an assignment to an Affiliate of Contractor, in addition to
the transfer application fee described in subsection 9.5.D.1,
Contractor shall pay a transfer fee to City of seven percent of Gross
Receipts from the last twelve (12) months, upon approved transfer
of this Agreement.
3. Except for an assignment to an Affiliate of Contractor, the proposed
assignee must furnish City with audited financial statements of the
proposed assignee’s operations for the immediately preceding three
operating years.
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4. Except for an assignment to an Affiliate of Contractor, the proposed
assignee must furnish City with satisfactory proof: (a) that the
proposed assignee has at least ten (10) years of Solid Waste
management experience on a scale equal to or exceeding the scale
of operations conducted by Contractor under this Agreement; (b) that
in the last five years, the proposed assignee has not received any
significant citations from any federal, state, or local agency having
jurisdiction over its Solid Waste management operations due to any
material failure to comply with state, federal, or local Environmental
Laws and that the assignee has provided City with a complete list of
such citations; (c) that the proposed assignee has at all times
conducted its operations in an environmentally safe and
conscientious fashion; (d) that the proposed assignee conducts its
Solid Waste management practices in accordance with sound Solid
Waste management practices in full compliance with all federal,
state, and local laws regulating the Collection and disposal of Solid
Waste, including Hazardous Substances; and (e) any other
information required by City to ensure that the proposed assignee
can fulfill the terms of this Agreement in a timely, saf e and effective
manner.
5. Under no circumstances shall City be obligated to consider any
proposed assignment if Contractor is in default at any time during the
period of consideration.
9.6 Contracting or Subcontracting
Contractor must not engage any subcontractors for the Collection of Solid Waste
from Accounts or street sweeping without the prior written consent of City.
9.7 Binding on Assigns
The provisions of this Agreement will inure to the benefit of and be binding on the
permitted assigns of the Parties.
9.8 Transition to the Next Contractor
If the transition of services to another company occurs by reason of the expiration
of the Term, default, termination, or otherwise, Contractor shall cooperate with City
and any subsequent solid waste enterprise to assist in an orderly transition that
will include, but not be limited to, Contractor providing route lists and billing
information.
The failure to cooperate with City following termination shall be conclusively
presumed to be grounds for specific performance of this Agreement and/or other
equitable relief necessary to enforce this Agreement.
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Contractor shall use diligent good faith efforts to provide a new service provider
with all keys, security codes, and remote controls used to access garages and Bin
enclosures, acknowledging that these are the property of the Customer.
Contractor shall be responsible for coordinating transfer immediately after
Contractor’s final pick-ups, 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 pick-up days) at least ninety (90) calendar 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 (1) full Business 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.
9.9 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.
9.10 Non-Waiver Provision
The waiver by either Party of any breach or violation of any provision of this
Agreement shall not be deemed to be a waiver of any breach or violation of any
other provision nor of any subsequent breach or 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. Failure
of either Party to exercise any of the remedies set forth in this Agreement within
the time periods specified will not constitute a waiver of any rights of that Party with
regard to an event of nonperformance, whether determined to be a breach,
excused performance, or unexcused default by the other Party.
9.11 Notice
A. All notices, demands, requests, proposals, approvals, consents, and other
communications that this Agreement requires, authorizes, or contemplates
must be in writing and must either be personally delivered to a
representative of the Party at the address set forth below, or be deposited
in the United States mail, first class postage prepaid, addressed as follows:
If to City: City Manager
City of Moorpark
323 Science Drive
Moorpark, CA 93021
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With copy to: Kevin G. Ennis
City Attorney
Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
If to Contractor: Regional Manager, Public Sector
Waste Management
195 West Los Angeles Avenue
Simi Valley, CA 93094
With copy to: Waste Management
Southern California Market Area
9081 Tujunga Avenue
Sun Valley, CA 91352
Attn: Legal Counsel
B. 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.
C. Notice will be deemed given on the day it is personally delivered or, if
mailed, three days from the date it is deposited in the mail.
9.12 Representatives of the Parties
A. As set forth in Section 2.6, the administration of this Agreement by City will
be under the supervision and direction of the City Manager.
B. Contractor must, by the Operative Date, designate in writing a responsible
officer who will serve as the representative of Contractor in all matters
related to this Agreement. Contractor must inform City in writing of that
designation and of any limitations upon that officer’s authority to bind
Contractor. City may rely upon actions taken by that designated
representative as actions of Contractor unless they are outside the scope
of the authority delegated by Contractor as communicated in writing to City.
9.13 City Free to Negotiate with Third Parties
Notwithstanding the exclusive nature of this Agreement, City may investigate all
options for the Collection, transporting, Recycling, Processing, and Disposal of
Solid Waste at any time prior to the expiration of the Term of this Agreement.
Without limiting the generality of the foregoing, but subject to the requirements of
Section 2.8, City may solicit proposals from Contractor and from third parties for
the provision of Collection Services, Disposal services, Recycling services,
Organic Waste services and Processing, and any combination thereof, and may
negotiate and execute agreements for those services that will take effect upon the
expiration or earlier termination of this Agreement under Article 8.
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9.14 Compliance with Municipal Code
Contractor must comply with all applicable provisions of the Municipal Code, and
with all amendments to those provisions, during the term of this Agreement.
9.15 Privacy
Contractor must strictly observe and protect the rights of privacy of Customers.
Information identifying individual Customers or the contents of a Customer’s waste
stream must not be revealed to any person, governmental unit, or private entity
unless directed by a court of law, by statute, or upon authorization of the Customer.
This provision shall not be construed to preclude Contractor from preparing,
participating in, or assisting in the preparation of waste characterization studies or
waste stream analyses that may be required by the Act. This provision does not
apply to reports or records provided to City under this Agreement so long as City
maintains reports or records with customer identification as confidential
information in accordance with this Section.
9.16 Proprietary Information; Public Records
City acknowledges that certain records and reports of Contractor are proprietary
and confidential. Notwithstanding anything to the contrary in this Agreement, and
except as provided in Section 6.7 regarding performance reviews, nothing in this
Agreement shall require Contractor to provide to the City or any third party, or
permit the City or any third party, to audit, copy, inspect, or use any data,
information, or records of Contractor that are Contractor’s Intellectual Propert y.
Where required by this Agreement, Contractor is obligated to permit City to inspect
its records on demand at Contractor’s local office. City will endeavor to maintain
the confidentiality of all proprietary information provided by Contractor.
Notwithstanding the foregoing, any documents provided by Contractor to City that
are public records may be disclosed in accordance with a proper public records
act request.
Contractor acknowledges that City is legally obligated to comply with the California
Public Records Act (“CPRA”). City acknowledges that certain records, reports, or
information contained therein, which Contractor may be required to maintain under
this Agreement or Applicable Law, are protected by or exempt from disclosure
under Applicable Law (including, without limitation, law governing data security and
privacy rights) or are of a proprietary or confidential nature or may include
Contractor’s Intellectual Property. In such instances, Contractor will inform City in
writing of which records which may be protected or exempt from disclosure under
Applicable Law or contain Contractor’s Intellectual Property. At such time as City
receives a request for records under the CPRA or Federal Freedom of Information
Act or a subpoena or other court order requesting disclosure of the records, City
shall notify Contractor of the request, subpoena or order and of City’s obligation
and intent to provide a response within ten (10) calendar days. Contractor shall
within five (5) calendar days either: (i) consent in writing to the disclosure of the
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records; or (ii) seek and obtain, at Contractor’s sole cost and expense, the order
of a court of competent jurisdiction staying or enjoining the disclosure of the
records, with Contractor to provide concurrent written notice to City. If Contractor
timely files an application for such a court order, City shall not disclose such
records until a final non-appealable judgment is entered by the court. If Contractor
fails to timely respond, then City may proceed to disclose such records, i n which
event Contractor agrees that it waives and releases City of any liability for the
disclosure of such records.
9.17 Attorneys’ Fees
In any action or proceeding to enforce or interpret any of the terms of this
Agreement, the prevailing party is entitled to an award of attorneys’ fees in the
amount reasonably incurred in the prosecution or defense of that action. The term
“prevailing party” means the party entitled to recover costs of suit, upon the
conclusion of the matter, in accordance with the laws of the State of California.
9.18 Further Assurances.
Each Party agrees to execute and deliver any instruments and to perform any acts
as may be necessary or reasonably requested by the other in order to give full
effect to this Agreement. The Parties agree to act reasonably in exercising any
action, discretion, judgment, approval or extension of time that may be required to
affect the purpose and intent of this Agreement. Whenever the approval or consent
of a Party is required under this Agreement such consent shall not be
unreasonably withheld or delayed.
ARTICLE 10.
MISCELLANEOUS PROVISIONS
10.1 Entire Agreement
This Agreement, including the exhibits, constitutes the entire agreement between
the Parties with respect to the matters covered; and no verbal agreement or
understanding with any officer, agent, or employee of City, either before, during,
or after the execution of this Agreement, will affect or modify any of the obligations
herein contained, nor will any such verbal agreement or understanding entitle
Contractor to any additional payment under the terms of this Agreement.
10.2 Article and Section Headings
The article and section headings in this Agreement are for the convenience of
reference only and are not intended to be used in construing this Agreement, nor
are they intended to alter or affect any of its provisions.
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10.3 References to Laws and Regulations
All references in this Agreement to existing laws and regulations will be understood
to include such existing laws and regulations as they may be subsequently
amended or recodified.
10.4 Interpretation
This Agreement, including the attached exhibits, 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.
10.5 Amendments
This Agreement may not be amended in any respect except by a written
amendment signed by the Parties; and, no verbal agreement or understanding with
any officer, agent, or employee of City, either before, during, or after the execution
of this Agreement, will affect or modify any of the obligations herein contained, nor
will any such verbal agreement or understanding entitle Contractor to any
additional payment under the terms of this Agreement.
10.6 Severability
If any provision of this Agreement is for any reason determined by a court of
competent jurisdiction to be invalid or unenforceable for any reason, including but
not limited to a change in applicable federal, State, or local law, the invalidity or
unenforceability of that provision shall not affect any of the remaining provisions of
this Agreement, which provisions shall be enforced as if such invalid or
unenforceable provision had not been included.
10.7 Exhibits
Each of the exhibits identified in this Agreement is attached hereto and is
incorporated by this reference.
10.8 Authority and Effective Date
A. The persons signing below represent that they have the requisite authority
to bind the entities on whose behalf they are signing.
B. This Agreement shall become effective on the Effective Date.
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TO EFFECTUATE THIS AGREEMENT, each of the Parties has caused this Agreement
to be executed by its duly authorized representative.
CITY OF MOORPARK,
a California municipal corporation
________________________________
Chris Enegren, Mayor
ATTEST:
________________________________
Ky Spangler, City Clerk
APPROVED AS TO FORM:
________________________________
Kevin G. Ennis, City Attorney
G.I. Industries,
a Utah corporation
________________________________
Mike Hammer, President
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EXHIBIT 1
Solid Waste Rates
in the City of Moorpark
(Effective January 1, 2025)
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EXHIBIT 1
RATE SCHEDULE
City of Moorpark - Effective January 1, 2025
Rates are per month and invoiced by Contractor unless otherwise noted.
Service Rates
Residential Cart Services: In addition to the listed Refuse Cart size serviced
once per week, service includes one (1) 96 -gallon Cart for Organic Materials
serviced once per week and one (1) 64-gallon Cart for Recyclable Materials
serviced once per week.
32-Gallon Cart Service $ 30.87
64-Gallon Cart Service $ 33.58
96-Gallon Cart Service $ 36.76
32-Gallon Cart Service Senior Rate $ 27.96
64-Gallon Cart Service Senior Rate $ 30.53
96-Gallon Cart Service Senior Rate $ 33.12
Additional Refuse Cart (Resi), Per Cart $ 13.46
Additional Recyclable Materials Cart (Resi), Per Cart $ 7.76
Additional Organic Waste Cart (Resi), Per Cart $ 9.83
Commercial & Multifamily Services: In addition to the listed Refuse
container size and service frequency, service includes one (1) 64 -gallon Cart
for Organic Materials serviced once per week and one (1) 96 -gallon Cart for
Recyclable Materials serviced once per week.
96-Gallon x1 Per Week $ 81.56
96-Gallon x2 Per Week $ 133.54
96-Gallon x3 Per Week $ 177.42
96-Gallon x4 Per Week $ 238.76
96-Gallon x5 Per Week $ 297.20
96-Gallon x6 Per Week $ 352.85
Non-Contracted 96-Gallon Extra Pickup $ 40.78
1.5-Cubic Yards x1 Per Week $ 182.67
1.5-Cubic Yards x2 Per Week $ 309.08
1.5-Cubic Yards x3 Per Week $ 435.46
1.5-Cubic Yards x4 Per Week $ 561.76
Non-Contracted 1.5-Cubic Yards Extra Pickup $ 77.38
Compacted 1.5-Cubic Yards Pickup $ 365.37
3-Cubic Yards x1 Per Week $ 203.76
3-Cubic Yards x2 Per Week $ 351.18
3-Cubic Yards x3 Per Week $ 500.47
3-Cubic Yards x4 Per Week $ 646.01
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3-Cubic Yards x5 Per Week $ 793.45
3-Cubic Yards x6 Per Week $ 940.86
Non-Contracted 3-Cubic Yards Extra Pickup $ 87.92
Compacted 3-Cubic Yards Pickup $ 407.48
4-Cubic Yards x1 Per Week $ 224.79
4-Cubic Yards x2 Per Week $ 393.18
4-Cubic Yards x3 Per Week $ 561.79
4-Cubic Yards x4 Per Week $ 730.26
4-Cubic Yards x5 Per Week $ 898.76
4-Cubic Yards x6 Per Week $ 1,067.30
Non-Contracted 4-Cubic Yards Extra Pickup $ 98.37
Compacted 4-Cubic Yards Pickup $ 449.57
Temporary Service:
3-Cubic Yard Temporary Refuse Bin Service includes delivery and removal,
Per Bin $ 168.30
3-Cubic Yard Temporary Refuse Bin Additional Pickup, Per Each $ 168.30
Commercial & Multifamily Recycling Bin Service:
Additional 96-Gallon x1 /week $ 20.00
96-Gallon x2 Per Week $ 40.41
96-Gallon x3 Per Week $ 60.62
96-Gallon x4 Per Week $ 80.62
96-Gallon x5 Per Week $ 100.77
96-Gallon x6 Per Week $ 120.92
1.5-Cubic Yards x1 Per Week $ 105.73
1.5-Cubic Yards x2 Per Week $ 211.55
1.5-Cubic Yards x3 Per Week $ 317.23
1.5-Cubic Yards x4 Per Week $ 423.10
1.5-Cubic Yards x5 Per Week $ 528.75
1.5-Cubic Yards x6 Per Week $ 634.53
1.5-Cubic Yards Extra Pickup $ 68.25
3-Cubic Yards x1 Per Week $ 151.84
3-Cubic Yards x2 Per Week $ 303.57
3-Cubic Yards x3 Per Week $ 455.51
3-Cubic Yards x4 Per Week $ 607.19
3-Cubic Yards x5 Per Week $ 759.14
3-Cubic Yards x6 Per Week $ 871.48
3-Cubic Yards Extra Pickup $ 96.45
4-Cubic Yards x1 Per Week $ 189.14
4-Cubic Yards x2 Per Week $ 378.35
4-Cubic Yards x3 Per Week $ 567.50
4-Cubic Yards x4 Per Week $ 756.74
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4-Cubic Yards x5 Per Week $ 945.86
4-Cubic Yards x6 Per Week $ 1,104.15
4-Cubic Yards Extra Pickup $ 119.00
Commercial & Multifamily Organic Waste Cart Service:
Additional 64g Cart x1 Per Week $ 75.97
64g Cart x2 Per Week $ 154.45
64g Cart x3 Per Week $ 231.70
64g Cart x4 Per Week $ 308.93
64g Cart x5 Per Week $ 363.60
Commercial & Multifamily Organic Bin Service:
1.5-Cubic Yards x1 Per Week $ 108.11
3-Cubic Yards x1 Per Week $ 155.25
3-Cubic Yards x2 Per Week $ 310.38
3-Cubic Yards x3 Per Week $ 465.74
3-Cubic Yards x4 Per Week $ 620.82
3-Cubic Yards x5 Per Week $ 776.18
4-Cubic Yards x1 Per Week $ 193.39
4-Cubic Yards x2 Per Week $ 386.84
4-Cubic Yards x3 Per Week $ 580.24
4-Cubic Yards x4 Per Week $ 773.74
4-Cubic Yards x5 Per Week $ 967.10
Roll Off Service (Per Pull): Haul Rates do not include disposal
charges
Roll Off Haul (Disposal/Processing Cost not included) $ 267.57
Compactor Haul Rate (Disposal/Processing Cost not included) $ 535.14
Roll Off Delivery Charge $ 95.00
Roll Off Trip/Relocation Charge $ 95.00
Other Services
"Hard to Service Fee" - Vehicle usage rate Case-By-Case
"Hard to Service Fee" - Bin moving rate Case-By-Case
Scout Service Case-By-Case
Special Bin Lids (Locking/CBL) one-time fee $ 41.48
Cleaning/Replacing Cart or Bin - One free per year $ 41.48
Returned Check $ 20.75
Credit Card Convenience Fee (Phone) $ 6.91
Late Fee $ 6.91
Extra Bag Pickup/Scheduled Day $ 4.44
Extra Cart Pick-up/Scheduled Day $ 7.35
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Extra Cart Pick-up/Non-Scheduled Day $ 36.81
Residential Cart Re-Delivery Fee $ 36.70
Temporary Roll-Off Extra Day Fee (after 7 days) $ 13.92
Commercial Bin Trip Charge $ 50.00
Permanent Customer Rolloff Extra Day Fee (post 30 days, trash only) $ 13.96
Solid Waste Bin Locking/Unlocking Fee, per month $ 27.94
Commercial Overage Fee $ 70.00
Commercial Contamination Fee $ 85.00
Redelivery and Reinstatement $ 35.87
Residential Service Level Changes per request $ 6.71
Move In/Move Out $ 22.44
Additional Bulky Item Pickup $ 33.37
Residential Contamination $ 40.00
Residential Overage $ 20.00
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EXHIBIT 2
CITY FACILITIES & EVENTS
Facility Location Container Count
and Capacity
Frequency of
Collection
Moorpark Civic Center
799 Moorpark Avenue and
323 Science Drive
1 – Black (3.0)
1 – Blue (3.0)
1 – Black (4.0)
1 – Blue (4.0)
2x per Week
2x per Week
1x per Week
1x per Week
Moorpark City Library – Sand Bags
699 Moorpark Avenue
(Across from Post Office)
1 – Roll-off (10) On Call
Ruben Castro Human Services Center
612 Spring Road
1 – Black (3.0)
1 – Blue (3.0)
3 – Green (64)
5x per Week
5x per Week
3x per Week
Moorpark Public Services Facility
627 Fitch Avenue
Dirt Lot in Back of Facility
1 – Black (40)
1 – Blue (4.0)
1 – Green (40)
1–Concrete (10)
1 – Green (40)
1x per Week
1x per Week
1x per Week
On Call
On Call
Moorpark Chamber of Commerce Building
18 High Street
1 – Black (1.5)
1 – Blue (3.0)
1x per Week
1x per Week
Arroyo Vista Recreation Center
4550 Tierra Rejada Road
Lot A Trash Enclosure
1 – Black (3.0)
1 – Black (3.0)
1 – Blue (3.0)
5x per Week
4x per Week
1x per Week
Arroyo Vista Community Park
4550 Tierra Rejada Road
1 – Black (3.0)
2 – Black (4.0)
4x per Week
1x per Week
Moorpark Police Services Center
610 Spring Road
1 – Black (3.0)
1 – Blue (3.0)
4x per Week
3x per Week
High Street Arts Center
33 High Street
1 – Black (64)
1 – Blue (64)
1 – Black (3.0)
1 – Blue (3.0)
1x per Week
1x per Week
1x per Week
1x per Week
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Facility Location Container Count
and Capacity
Frequency of
Collection
High Street Arts Center
45 High Street
1 – Black (3.0)
1 – Blue (1.5)
1x per Week
1x per Week
Campus Park
6400 Harvard Street
1 – Black (3.0) 2x per Week
Mammoth Highlands Park
7000 Elk Run Loop
1 – Black (3.0) 1x per Week
Mountain Meadows Park
4350 Mountain Meadows Drive
1 – Black (3.0) 3x per Week
Peach Hill Park
13200 Peach Hill Road
1 – Black (3.0) 2x per Week
Poindexter Park
500 Poindexter Avenue
1 – Black (3.0) 2x per Week
Tierra Rejada Park
11900 Mountain Trail Street
1 – Black (3.0) 2x per Week
Events Sponsored or Co-Sponsored by City for which Roll-offs shall be provided.
• 3rd of July
• Country Days
• Coastal Clean-up Day
• Arbor/ Earth Day
• Haunted High Street
• Holiday on High Street
• Apricot Festival
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EXHIBIT 3
STREET SWEEPING SPECIFICATIONS
At no additional cost and expense to City, Contractor shall provide street sweeping in
accordance with these specifications.
1.1 Street Sweeping Service Generally.
A. Location. Contractor is responsible for sweeping all City streets within the
corporate limits of the City of Moorpark; State Highways (portions of Los Angeles Avenue,
Moorpark Avenue, and Walnut Canyon Road, which comprise State Routes 23 and 118);
those City Facilities identified in Section 1.1.E below, and private residential streets
described in Section 1.1.E below, where an agreement is in place for Contractor to
provide sweeping. City shall forward the full amount of any reimbursement from the State
of California for sweeping State Highways to Contractor. Contractor shall provide City
with required documentation to meet State reimbursement requirements.
B. Option to Sweep State Highways. At the City’s sole discretion, City may
elect to not have Contractor sweep California State Highways. City shall give Contractor
at least 30 days’ advance written notice if City elects to exercise this option. If City elects
to exercise this option, then City shall not forward the full amount of any reimbursement
from the State of California for such services to Contractor.
C. Minimal Impact. Sweeping is to be performed at times that provide the
best results with minimal impact to residents and commercial businesses, flow of
vehicular traffic, and the public in general.
D. National Pollutant Discharge Elimination System (“NPDES”).
Sweeping shall be done in a manner to ensure compliance with all NPDES mandates.
E. Route. Contractor shall develop a route schedule and map that best
accomplishes the above criteria according to the following requirements for sweeping
frequency:
(1) The following streets shall be swept at the following frequency:
a. All public streets, at the same intervals as are currently in
effect. Residential and commercial/industrial streets are
swept twice per month. Arterial streets are swept weekly. Any
changes to the current schedule must be approved by City
before taking effect.
b. Upon the Operative Date of this Agreement, Contractor shall
offer the owners (typically a homeowners’ association) and
will tender owners requests to sweep private residential
streets having a curb and gutter once per month at no cost to
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City or the homeowners’ associations. Agreements to provide
such sweeping services shall be between Contractor and
individual homeowners’ associations; and Contractor shall not
unreasonably withhold, delay, or otherwise burden the
creation of such an agreement for sweeping private streets.
The Parties shall jointly develop a standard agreement
template between Contractor and a homeowners' association
to facilitate the creation of such agreements. If a
homeowners’ association does not accept the standard
agreement, then Contractor shall not be required to sweep the
homeowners’ association’s private streets.
c. Within 30 days of receiving a written notice from City that a
new homeowners’ association within the City of Moorpark is
becoming responsible for street sweeping, Contractor shall
make an offer to sweep private residential streets as
described in subsection (b), above.
d. If a homeowners’ association opts to utilize Contractor’s street
sweeping services pursuant to this Section, Contractor shall
begin providing the service within 30 days of execution of an
agreement to provide such services, unless otherwise
specified in the agreement.
e. Nothing in this Section precludes City from notifying a
homeowners’ association who is not utilizing Contractor’s
street sweeping services pursuant to this Section that such
service is available.
(2) The following City parking lots shall be swept (locations and
frequency):
a. First Friday of each month:
i. Arroyo Vista Community Park (Countrywood Drive),
6:00 a.m.
ii. Tierra Rejada Park (Mountain Trail Street and
Mountain Meadows Drive), 7:00 a.m.
iii. Mountain Meadows Park (Mountain Meadows Drive),
8:30 a.m.
iv. Peach Hill Park (Peach Hill Road), 9:30 a.m.
v. Country Trail Park (Mountain Trail Street), 10:00 a.m.
b. Third Friday of each month:
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i. Monte Vista Nature Park (Spring Road), 5:00 a.m.
ii. Villa Campesina Park (Leta Yancy Road), 6:00 a.m.
iii. College View Park (College View Avenue), 7:00 a.m.
iv. Poindexter Park (Poindexter Avenue), 8:00 a.m.
v. Mammoth Highlands Park (Elk Run Loop), 9:00 a.m.
vi. Miller Park (Miller Parkway), 10:00 a.m.
c. First Saturday of each month:
i. Metrolink Station North Lot (High Street)
ii. Metrolink Station South Lot (Moorpark Avenue)
iii. Civic Center (Moorpark Avenue)
iv. Reuben Castro Center (Spring Road)
v. U.S. Post Office (High Street)
vi. Moorpark Public Services Facility (Fitch Avenue)
vii. City Hall (323 Science Drive)
d. On-call sweeping before and after events sponsored or co -
sponsored by City as listed in Exhibit 2.
e. The list of City Facilities to receive sweeping services
pursuant to this Agreement may be changed by City, in its sole
discretion, as City constructs, demolishes, acquires, or
disposes of City Facilities or as operational requirements
necessitate changes to the scheduling.
f. Additional hours for unscheduled or infrequent events using
banked hours described in Section 1.8.
F. Coordination with Solid Waste Collection. Contractor must coordinate
street sweeping routes with residential Solid Waste collection routes so new streets shall
be swept the following Business Day after Solid Waste collection. Street sweeping shall
not be on the same day as Solid Waste collection except in emergency situations.
G. Sweeping Hours of Operation. At no time shall sweeping be conducted
before 7:00 a.m. or after 7:00 p.m. weekdays or anytime on the weekends in residential
areas without the written approval of the City Manager. Sweeping of arterial streets must
take place between 9:00 a.m. and 3:00 p.m. to avoid conflict during peak rush hour traffic.
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H. Holiday Adjustments. Contractor may adjust the sweeping schedule to
reflect changes in route due to holidays which result in changes to Solid Waste collection
schedules or days off for street sweeping staff. Contractor will notify the City Manager,
in writing, of potential changes to the schedule due to Holidays at least 30 days in advance
and receive prior approval for any changes to sweeping frequencies as noted in Section
3.7.1 of this Agreement due to Holiday schedule adjustments. When the collect ion day
is the same as the street sweeping day due to a Holiday schedule, the containers will
need to be relocated by the Contractor (e.g., up behind curb) so the sweeper can sweep.
I. Transitional Assistance. For the first 90 days of this Agreement, City will
designate a City Field Representative (Street Maintenance Supervisor) to work with
Contractor’s staff in the field to help ensure service meets City’s minimum standards and
to address issues that arise as the result of the transition of services to Contractor.
1.2 Promotion and Outreach.
A. General. With approval of City staff, Contractor shall provide promotional
materials as required to publicize street sweeping operations in the community.
B. Notification of Route Changes. Contractor shall notify all residents and
businesses along routes of changes to sweeping schedules, delivered at least one (1)
month in advance to Solid Waste Customers. Contractor will develop promotional
materials and media suitable for inclusion on City’s website to include sweeping schedule
route maps and contact information with appropriate links and/or and e -mail addresses.
C. If signage needs to be updated, the Party initiating the change shall be
responsible for the cost of updating the signage. If Contractor is responsible for the cost,
the new signs will be purchased and installed by City and billed to Contractor. The change
cannot occur until the new signs are approved, delivered and installed.
1.3 Equipment.
A. Vehicle Types. Contractor is required to use low-emission or alternative
fueled, state-of-the-art, regenerative air, mechanical broom sweepers that are certified to
meet all State and Federal EPA and NPDES compliance mandates. Sweepers shall be
equipped with operational strobe and a back-up alarm and shall conform to all applicable
safety requirements. All sweeper vehicles cannot exceed nine years in age and must be
overhauled at the end of year five. The average age of the sweeping fleet cannot exce ed
seven years. Contractor will maintain vehicles in good operating condition at all times.
B. GPS. All vehicles serving the franchise area are to be equipped with GPS
tracking devices. Contractor shall furnish to City at no additional cost or expense any
software and equipment necessary for City to track the location of sweeping vehicles in
real time and to generate reports as needed.
C. Storage. Vehicles, when not in service, will be stored at a facility that has
been approved in writing by the City Manager. At no time will vehicles be stored,
maintained or repaired in areas not appropriately zoned for that use.
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D. Vehicle Maintenance. Equipment shall be maintained in clean
appearance and clearly identify Contractor or its street sweeping subcontractor. All
related vehicle equipment shall be maintained in good mechanical condition. Brushes
and brooms shall be replaced at regular intervals. Equipment is subject to inspection by
City at any time.
E. Available Vehicles. Contractor shall maintain or have access to equipment
sufficient to meet all obligations under this Agreement.
1.4 Sweeping Methods.
A. General. Contractor shall make as many passes as are necessary to
remove debris including all litter, sand, dirt, rocks, gravel, vegetation, and other
sweepable debris from the streets and parking areas during sweeping operations. If City
determines that street sweeping was completed unsatisfactorily, City may require
Contractor to re-sweep an area. City has up to 24 hours to notify Contractor of a re -
sweep requirement. Sweeping shall be accomplished on the outer edge and along any
median (and bullnoses), with the flow of traffic.
B. Permitted Operations. Contractor will operate equipment within
manufacturer guidelines subject to the quality limits.
C. Noise Limits. All equipment to be operated in compliance with all
applicable noise ordinances. All sweeping shall be conducted as quietly as possible and
shall conform to applicable federal, state, county, and City noise level regulations as they
now exist or may be amended in the future. City may conduct random checks of noise
emission levels to ensure compliance.
D. Water Usage. Adequate water shall be used at all times to maximize dust
control. Contractor shall not discharge liquid waste from sweeper units onto City streets
or into the storm drain system.
E. Unsweepable Debris. Unsweepable items that impede sweeping, such as
palm fronds, rocks, and other debris, shall be removed from the sweeping path and
properly disposed of by the operator.
F. Parked Vehicles. Contractor shall not be responsible for areas missed due
to parked vehicles or other personal property blocking sweeping paths.
1.5 Staff.
A. General. All staff associated with sweeping operations will be uniformed
and have the ability to contact a supervisor from the vehicle. All vehicle operators shall
be appropriately licensed to operate sweeping vehicles on public streets and shall obey
all applicable traffic laws.
B. Reserves. Adequate reserve staff shall exist to meet all obligations under
this Agreement.
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C. Additional Staff. One staff person shall be assigned as needed to pick -up
large debris that impedes sweeper operations.
D. Contact Information. City shall be provided with phone number to contact
the sweeping supervisor 24 hours per day, seven days per week.
E. Training. All staff shall be trained to recognize illicit discharges and
stormwater pollution sources. All staff training will be documented and available for
review by the City Manager upon request.
F. Communications. Contractor shall maintain direct communications with
all sweeping equipment and staff in the field. Each sweeper operator shall have the ability
to communicate verbal information immediately to their supervisor, City staff, police and
fire personnel, and for the reporting of pollutant discharge observations.
1.6 Debris.
A. General. Contractor is responsible for the disposal of all debris collected in
accordance with the terms of this Agreement.
B. Debris Disposal Location. If Contractor disposes of street sweeping
debris at a location other than the Simi Valley Landfill and Recycling Center, Contractor
shall notify City in writing before switching locations.
C. Diversion. Contractor shall use reasonable efforts to divert sweeping
debris collected by Contractor from landfill disposal. Diversion and disposal shall meet
AB 939 waste diversion requirements and all other applicable regulations. All recyclable
materials shall be separated from general waste. Any waste identified as hazardous or
potentially hazardous shall be disposed of in compliance with all Applicable Laws.
1.7 Water Usage.
Contractor is responsible for all water usage and associated costs and coordination with
individual water purveyors to obtain hydrant meters. Contractor shall operate in
accordance with all applicable City and area water agencies’ water conservation program
requirements. Contractor shall report the volume of water utilized (in hundred cubic feet)
from hydrants within the City water system to the City Manager, if requested by City.
1.8 Credit Hours.
A. General. Contractor shall provide credit hours for those hours of sweeping
not performed due to inclement weather. Credit hours shall be “banked” and available
for use by City for specific sweeping projects outside the scope of the established routes
and route schedules. Any unused portion of the credit hours shall “roll over” at the end
of each annual period and will be applied to subsequent years.
1.9 Annual Report.
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Contractor shall provide annual reports stating the total curb miles in the system (split
between City curb miles and Homeowner’s Associations), actual curb miles swept, curb
miles for Homeowner Associations swept, and actual tonnage of street sweeping deb ris
collected from both for fiscal years. Annual reports must be submitted on or before March
31 following the reporting year.
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EXHIBIT 4
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, City of Moorpark, California, a municipal corporation (“City”) has
awarded to G.I. Industries, a Waste Management company (“Principal”), an exclusive
franchise for the collection, processing, recycling and disposal of solid waste generated
within City; and
WHEREAS, the exclusive franchise, identified as “Amended and Restated
Franchise Agreement for Providing Residential and Commercial Solid Waste Services” is
incorporated by this reference; and
WHEREAS, the Principal is required under the terms of the exclusive franchise to
furnish a bond for its faithful performance;
NOW, THEREFORE, we, Principal and ________________________, as Surety,
are held and firmly bound unto City in the penal sum of Two Hundred Thousand Dollars
($200,000.00), lawful money of the United States, for the payment of which we bind
ourselves, our heirs, successors, executors, administrators, jointly and severally, firmly
by these presents.
The condition of this obligation is such that the obligation will become null and void
if the above-bounded Principal, his or its heirs, executors, administrators, successors, or
assigns, will in all things stand to, abide by, well and truly keep and perform the covenants,
conditions, and provisions in the exclusive franchise and any alteration thereof made as
therein provided, on his or their part, to be kept and performed at the time and in the
manner therein specified, and in all respects according to his or their true intent and
meaning, and will indemnify and save harmless City, its elected and appointed boards,
officials, commissions, officers, agents, volunteers, contractors and employees, as
therein stipulated; otherwise, this obligation will be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount
specified, costs and reasonable expenses and fees will be included, including reasonable
attorneys’ fees, incurred by City in successfully enforcing the obligation, all to be taxed as
costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the exclusive franchise, the work to be performed
thereunder, or the specifications accompanying the exclusive franchise will in any manner
affect its obligations on this bond. The Surety hereby waives notice of any such change,
extension of time, alteration, or addition to the terms of the exclusive franchise, the work,
or the specifications.
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IN WITNESS WHEREOF, this instrument has been duly executed by the above -
named Principal and Surety on ______________________, 2024.
(Type name of Principal)
(Type address of Principal)
By:
(Signature of authorized officer)
(Title of officer)
(Type name of Surety)
(Type address of Surety)
By:
(Signature of authorized officer)
(Title of officer)
APPROVED AS TO FORM:
CITY ATTORNEY
Note: This Bond must be executed in duplicate and dated, all signatures must be
notarized, and evidence of the authority of any person signing as attorney-in-fact must be
attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety
companies executing Bonds must appear on the Treasury Department’s most current list
(Circular 570 as amended) and be authorized to transact business in the State where the
project is located.
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EXHIBIT 5
FORM OF CORPORATE GUARANTY
THIS GUARANTY (“Guaranty”) is given as of the ____ day of __________ 2024, and is
made with reference to the following facts and circumstances:
A. G.I. Industries (“Contractor”) is a corporation organized under the laws of
the State of Utah. Waste Management, Inc. (“Guarantor”) is a corporation organized
under the laws of the State of Delaware. Contractor is an indirect wholly-owned
subsidiary of Guarantor.
B. Contractor and the City of Moorpark (“City”) have negotiated an Agreement
entitled Amended and Restated Franchise Agreement for Providing Residential and
Commercial Solid Waste Services (“Agreement”).
C. It is a requirement of the Agreement that Guarantor guarantee Contractor’s
performance of the Agreement.
D. Guarantor is providing this Guaranty and other considerations to induce City
to enter into the Agreement.
NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows:
1. Guaranty of the Agreement. Guarantor irrevocably and unconditionally
guarantees to City the complete and timely performance by Contractor of each and every
term of the Agreement that Contractor is required to perform. If Contractor fails to perform
any term of the Agreement, Guarantor will promptly and fully perform it in the place of
Contractor, or cause it to be performed. Guarantor also guarantees all obligations to City,
including, without limitation, payment to City of any damages, costs, or expenses that
might become recoverable by City from Contractor due to its breach of the Agreement.
2. Guarantor’s Obligations are Absolute. The obligations of Guarantor under this
Guaranty are continuing, unconditional, and unlimited, and, with respect to any payment
obligation of Contractor under the Agreement, constitute a guarantee of payment and not
of collection, and are not conditional upon the validity or enforceability of the Agreement.
In any action brought against Guarantor to enforce, or for damages or breach of, its
obligations under this Guaranty, Guarantor will be entitled to all defenses , if any, that
would be available to Contractor in an action to enforce, or for damages for breach of, the
Agreement (other than discharge of, or stay of proceedings to enforce, obligations under
the Agreement under bankruptcy law).
3. Waivers. Guarantor has no right to terminate this Guaranty, or to be released,
relieved, exonerated, or discharged from its obligations under this Guaranty for any
reason, including, without limitation: (a) the insolvency, bankruptcy, reorganization, or
cessation of existence of Contractor; (b) the actual or purported rejection by a trustee in
bankruptcy of the Agreement, or any limitation on any claim in bankruptcy resulting from
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the actual or purported termination of the Agreement; (c) any waiver with respect to any
of the obligations of the Agreement guaranteed hereunder, or the impairment or
suspension of any of City’s rights or remedies against Contractor; or (d) any merger or
consolidation of Contractor with any other entity, or any sale, lease, or transfer of any or
all the assets of Contractor. Without limiting the generality of the foregoing, Guarantor
waives the rights and benefits under California Civil Code Section 2819.
Guarantor waives all benefits and defenses under California Civil Code Sections 2846,
2849, and 2850, including, without limitation, the right to require City to (a) proceed
against Contractor; (b) proceed against or exhaust any security or collateral City may now
or later hold; or (c) pursue any other right or remedy for Guarantor’s benefit. Guarantor
agrees that City may proceed against Guarantor for the obligations guaranteed herein
without taking any action against Contractor, or any other guarantor or pledgor, and
without proceeding against or exhausting any security or collateral City may now or later
hold. City may, in its sole discretion, exercise all rights and remedies available to it
against Contractor, or any other guarantor or pledgor, without impairing City’s rights and
remedies in enforcing this Guaranty.
Guarantor expressly waives diligence, presentment, demand for payment or
performance, protest, and all notices whatsoever, including, but not limited to, notices of
non-payment or non-performance, notices of protest, notices of any breach or default,
and notices of acceptance of this Guaranty. If all or any portion of the obligations
guaranteed under this Guaranty are paid or performed, Guarantor’s obligations will
continue and remain in full force and effect in the event that all or any part of such payment
or performance is avoided or recovered directly or indirectly from City as a preference,
fraudulent transfer, or otherwise, irrespective of (a) any notice of revocation given by
Guarantor or Contractor prior to such avoidance or recovery; and (b) payment in full of
any obligations then outstanding.
4. Term. This Guaranty is not limited to any period of time, but will continue in full
force and effect until all of the terms of the Agreement have been fully performed or
otherwise discharged. Guarantor will remain fully responsible under this Guaranty without
regard to the acceptance by City of any performance bond or other collateral to assure
the performance of Contractor’s obligations under the Agreement. Guarantor will not be
released from its obligations under this Guaranty so long as there is an y claim by City
against Contractor arising out of the Agreement based on Contractor’s failure to perform,
which failure has not been settled or discharged.
5. No Waivers. No delay by City in exercising any rights under this Guaranty, nor
City’s failure to exercise those rights, will operate as a waiver of those rights. No notice
to or demand on Guarantor will be a waiver of any obligation of Guarantor, or right of City,
to take other or further action without notice or demand. No modification or waiver of any
provisions of this Guaranty will be effective unless it is in writing and signed by City and
by Guarantor, nor will any waiver be effective except in the specific instance or matter for
which it is given.
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6. Attorneys’ Fees. If Guarantor breaches its obligations under this Guaranty
Guarantor will pay reasonable attorneys’ fees, and all other reasonable costs and
expenses that are incurred by City in enforcing this Guaranty, or that are incurred in any
action or proceeding arising out of or relating to this Guaranty, including any action
instituted to determine the respective rights and obligations of the Parties under this
Guaranty.
7. Governing Law: Jurisdiction. This Guaranty is and will be deemed to be a
contract entered into under the laws of the State of California and will be governed and
construed in accordance with the laws of California without regard to its conflicts of laws
rules for all purposes including, but not limited to, matters of construction, validity, and
performance. Guarantor agrees that any action brought by City to enforce this Guaranty
may be brought in any court of the State of California, and Guarantor consents to personal
jurisdiction over it by those courts solely for the purpose of any action brought by City to
enforce this Guaranty. Guarantor appoints the following person as its agent for service
of process in California:
The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
With a copy by certified mail to:
Waste Management, Inc.
800 Capital Street, Suite 3000
Houston, TX 77002
Attn: General Counsel
GCLegal@wm.com
8. Severability. If any portion of this Guaranty is held to be invalid or unenforceable,
such invalidity will not affect the remaining portions of this Guaranty, which portions are
severable and will continue in full force and effect.
9. Binding On Successors. This Guaranty inures to the benefit of City and its
successors and shall be binding upon Guarantor and its successors, including any
transferee of substantially all of Guarantor’s assets, and its shareholders in the event of
Guarantor’s dissolution or insolvency.
10. Authority. Guarantor represents and warrants that it has the corporate power and
authority to give this Guaranty, that the execution of this Guaranty has been authorized
by all necessary action under its articles of incorporation and by-laws, and that the person
signing this Guaranty on its behalf has the authority to do so.
11. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or
certified, first class postage prepaid, addressed as follows:
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To City: City Manager
Moorpark City Hall
323 Science Drive
Moorpark, CA 93021
with a copy to the City Attorney at the same address.
To the Guarantor:
Waste Management, Inc.
800 Capital Street, Suite 3000
Houston, TX 77002
Attn: General Counsel
GCLegal@wm.com
IN WITNESS WHEREOF, THE FOREGOING IS EXECUTED AS OF THE DATE FIRST
WRITTEN ABOVE.
WASTE MANAGEMENT, INC.
a Delaware corporation
By:
Authorized Representative
Title: Vice President & Treasurer
Date:
By:
Authorized Representative
Title:
Date:
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SIGNATURES TO BE NOTARIZED
STATE OF TEXAS
COUNTY OF HARRIS
Each of Leslie Nagy, Vice President & Treasurer, and __________________,
___________________ of Waste Management, Inc., a corporation, known to me to be
the persons whose names are subscribed to the foregoing instrument, acknowledged to
me that he or she executed the same for the purposes therein expressed, in the
capacity therein stated and as the act and deed of said corporation.
Given under my seal of officer, the ____ day of ______, 2024.
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EXHIBIT 6
DEPICTION OF 125 ACRE AND 131 ACRE SITES
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EXHIBIT 7
ACCEPTABLE MATERIALS FOR BLUE CONTAINERS
Materials that are acceptable in Blue Containers must be Source Separated
from Black Container Waste and Green Container Organic Waste, dry, loose (not
bagged), unshredded, empty, and include ONLY the following Recyclable
Materials:
Aluminum cans Newspaper
PET bottles with the symbol #1 Mail
HDPE plastic bottles and containers with the
symbol #2 (milk jugs, detergent containers,
and shampoo bottles, etc.)
Uncoated paperboard (ex., cereal boxes;
food and snack boxes)
PP plastic bottles and containers with symbol
# 5 (ex., yogurt containers, syrup bottles)
Uncoated Paper Products or Printing and
Writing Paper
Steel and tin cans Old corrugated containers/cardboard
(uncoated) ex., moving boxes, pizza boxes)
Glass food and beverage containers–any color Magazines, glossy inserts and pamphlets
Non-Recyclables that are not acceptable in Blue Containers include, but are not limited
to the following:
Plastic bags and bagged materials
(even if containing Recyclables)
Microwavable trays
Porcelain and ceramics Mirrors, window, or auto glass
Light bulbs Coated cardboard
Soiled paper, including paper plates and cups Plastics not listed above including but
not limited to those with symbols #3, #4,
#6, #7 &unnumbered plastics, including
utensils
Expanded polystyrene Coat hangers
Glass and metal cookware/bakeware Household appliances and electronics
Hoses, cords, wires Yard waste, construction debris, and wood
Flexible plastic or film packaging and
multi-laminated materials
Needles, syringes, IV bags or other medical
supplies
Food waste and liquids, containers
containing such items
Textiles, cloth, or any fabric (bedding,
pillows, sheets, etc.)
Excluded Materials or containers which
contained Excluded Materials
Napkins, paper towels, tissue, paper plates,
and paper cups
Any Recyclable Materials less than 4” in size
(in any dimension)
Propane tanks, fuel cannisters
Batteries Green Container Materials, Black
Container Waste, or Excluded Waste
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Exhibit 8
Page 1 of 1
12853-0006\3040273v6.doc
EXHIBIT 8
ACCEPTABLE MATERIALS FOR GREEN CONTAINERS
Materials that are acceptable in the Green Containers must be Source
Separated from the materials that are acceptable for the Blue Container and
Black Container, and include the following:
Bagged Food Waste, Food Soiled Paper
(including coffee filters, paper bags,
napkins, and tea bags), Food Scraps
(including bones) and pet food
Yard trimmings, including fresh flowers,
shrubbery, tree trimmings, wood chips,
grass, weeds, leaves, prunings, dead
plants, and bushes
Organic Animal Bedding Sod
Cannabis waste Chopsticks
Corks (natural) Organic Holiday decorations, such as
pumpkins or Christmas trees (free of
flocking or tinsel)
Fresh flowers Manure
Materials that are not acceptable in Green Containers include, but are not limited to
the following:
Loose plastic bags and film Treated wood
Tree stumps Tree roots
Textiles and carpets Paper Products or Printing and Writing
Paper
Pet waste Digestates or sludges
Biosolids Recyclable Materials, Black Container
Waste, or Excluded Waste
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City of Moorpark
Senate Bill 1383 Organic Waste Reduction
Frequently Asked Questions
What is Senate Bill 1383 (SB 1383)? In September 2016, Governor Brown signed into
law SB 1383, establishing methane emissions reduction targets in a statewide effort to
reduce emissions of short-lived climate pollutants in various sectors of California's
economy. SB 1383 establishes targets to achieve a 75 percent reduction in the
statewide disposal of organic waste from the 2014 level by 2025. The law grants
CalRecycle the regulatory authority required to achieve the organic waste disposal
reduction targets and establishes an additional target that not less than 20 percent of
currently disposed of edible food is recovered for human consumption by 2025. Most
of the regulatory requirements under SB 1383 became effective January 1, 2022.
(Agreement Page 23)
What is Organic Waste? Food Waste, food soiled paper, landscape (i.e., leaves,
grass, trimmings, branches, untreated lumber), and non-hazardous wood waste.
(Agreement Page 20)
Why recycle Organic Waste? Organic Waste accounts for over 60 percent of the
material in California's waste stream. Organic material cannot break down when
buried in a landfill, as it would in nature or in a compost pile. Instead, it decomposes
without oxygen, releasing methane gas into the atmosphere. (Agreement Page 20)
What is Putrescible? Putrescible waste includes waste that are capable of being
rapidly decomposed by microorganisms, and include material such as, but not limited to
food wastes and variety meats. (Agreement Page. 21)
What is nonputrescible? Nonputrescible is waste that is not putrid, rotten, or
odorous, and include material such as, but not limited to yard waste, metal, paper
and cardboard, wood waste, glass, rubber, and aluminum.
What is considered Edible Food? Edible Food is excess food that would otherwise
go to waste from places such as restaurants, grocery stores, produce markets, or
dining facilities. The food is edible but often not sellable. Products that are at or past
their "sell-by" dates or are imperfect in any way, such as a bruised apple or day-old
bread, are donated by grocery stores, food vendors, restaurants, and farmers' markets.
Other times, the food is unblemished, but restaurants may have made or ordered too
much or may have good pieces of food (such as scraps of fish or meat) that are
byproducts of the process of preparing foods to cook and serve. Also, food
manufacturers may donate products that marginally fail quality control or that have
become short-dated. (Agreement Page. 13)
What goes in the Organic Material (Green) Container? If it grows, it goes!
Food Scraps (Bagged): Cooked or raw meat, poultry, and seafood (including bones),
cheese, dairy products, fruits, vegetables, grains, pasta, eggshells, bread, coffee
ATTACHMENT 4
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grounds, tea bags, tea leaves, baked goods, nuts, jelly, candy, snack foods, leftovers,
spoiled food, food soiled paper products such as coffee filters and food soiled napkins.
Yard Waste: Grass clippings, small branches, small tree limbs, tree roots, flowers, leaves,
plants, and straw.
What will my happen to the trash rates? As a result of this amended and restated
agreement, the programmatic requirements of SB 1383 have been integrated into the
franchise agreement and will result in a rate adjustment to both Residential Premises,
Multi-Family Premises, and Commercial Premises.
How will SB 1383 impact the following sectors?
Residential Premises: Approximately 11,000 households in Moorpark already have
access to a three-container collection program. Under the amended and restated
agreement, the focus will be on making sure the right materials are placed in the
appropriate containers and maximizing the organic materials being diverted from the
landfill-bound waste stream.
Multi-Family Premises: WM offers educational resources about SB 1383 to property
managers of Premises having five (5) or more dwelling units. 100% of the Multi-Family
Premises are in compliance with the SB 1383 regulatory requirement.
Commercial Premises: Approximately 90% of Commercial Premises are already SB
1383 compliant and should continue their great work. For businesses that are not yet
compliant, they will need to implement an organic waste program with the assistance
from WM. (Agreement Page 63-65)
Who can assist me with implementing this program? The City's waste and recycling
services provider, WM, is contractually required to provide recycling coordinators
dedicated to helping customers implement recycling programs. WM’s recycling
coordinators are ready to provide technical assistance including in-person
outreach, staff training, assistance with the delivery of new collection containers,
and service level “right-sizing” to maximize cost-savings.
(Agreement Page 63-65)
Where does the collected Organic Waste go? The collected organic material is
transported to WM’s Simi Valley Landfill and Recycling Center, located at 2801 N.
Madera Ave., where it is tipped, separated, screened for contaminants, and transferred
for processing into compost and mulch.
(Agreement Page 57-58)
Do the regulations for container colors and labels apply to temporary
dumpsters and compactors that are provided by the waste hauler? The
regulations apply to all containers provided by the hauler, including temporary
dumpsters. The regulations specify that all new containers provided by the waste
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hauler must meet both the container color and container label requirements, such
that all containers would be compliant by January 1, 2036. WM has already started
this transition and will continue to replace containers at their end of useful life to
minimize customer disruption. With respect to compactors owned by the customer
and not the hauler, the containers must also conform with the container color and
labeling requirements.
(Agreement Page 50)
How can Commercial Premise and Mult-Family Premise request a waiver? The
regulations apply to all Commercial Premises and Multi-Family Premises and, though
some may be waived from the requirements if:
• Generates more than 2 cubic yards or more of total solid waste per week
generates less than 20 gallons of organic waste per week.
• Generates less than 2 cubic yards or more of total solid waste per week and
generates less than 10 gallons per week of organic waste.
Please note “total solid waste” includes all materials trash, recycling, and organics.
For more information, please visit https://moorparkca.gov/748/Commercial-and-Multi-
Family-Trash-Servic
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