HomeMy WebLinkAbout2023-025 - USA Waste of California, Inc. dba Atascadero Waste AlternativesCITY OF ATASCADERO
CONTRACT NUMBER[
AMENDED AND RESTATED
SOLID WASTE COLLECTION
FRANCHISE AGREEMENT
BETWEEN
CITY OF ATASCA�ERO
AND
USA WASTE OF CALIFORNIA, INC.
September 1, 2023
TM1Is page is mrentlonally left blank.
CiTy of A2ascadero /USA Wase of California, Inc.
Amendedand Restated Solid WayYe Collection Fra nchis¢ Agre¢men[
SO LIQ WASTE COLLECTION FRANCHISE AGREEMENT
This Solid Waste Collection Fra nc his¢ Agreement (tbis ^Agreement") is ent¢red into on khe day of 2023
by and between the Ciry of Aiascadaro, apolitical subdivision of the State of California ("City") and USA Waste of C-allfomla,
Inc, d/b/a Atascadero Waste Alternatives, a Delaware corporation ("Contractor') for Contractor to provide Solid Waste,
Recycling, and Organic Materials services within the incorporated limits of Qty.
RECITALS
WHEREAS the City and Contractor a e Pariles io that certain Solid Waste Franchise Agreement (the "P rlor Agreement")
d atetl November 27, 2007, which was approved by a Resolution of the City Cou ncllf antl
WHEREAS the. City and Contractor Further a nded and restated, in its eniir¢ry, the Privr Agreement in that certain Solid
Waste Collection Franchise Agreement datetl July 15, 2019, a ended by the Ciry and Contractor, modifying certain
provisions bf the Revised Agreement, and adding pertain Disposal and Prdcessing, and service require mens (the'"Revisetl
Agree men Y'); and
WHEREAS Clty and Contractor now desire to further amend and restate, In its enb rely, the Revised Agreement, as set forth
Herein: and
WHEREAS the Legislature of the State of California, by en actmenY of the California Integrated Waste Management Ac[ of
1989 (AB 939) Division 30 of the Califomia Public Resources Cod¢, commencing with §40000, has declared that it is wiNiin
the public interest to authorize and require locaa agencies to make adequate provisons fior Recyclable Materials M1andling
within th elrjurlsdictlons; and
WHEREAS [he separake COIIecHon, processing and marketing of Recyclable Materials for beneNUal r r Recycling w
selected in the Qty's Source Red uchon and Recycling Element adopted in 199a, hereinaRer referred to as [he SRRE, as a
means of meeting [he 1995 and 2000 State mandated Diversion goals of AB 939; and
WHEREAS the State of California has found and declared that thea unt of Solid Waste generated in California, c upled
with diminishing Disposal capacity and interest in m mlzing pofenTlal a ental Impacts from landfilling and the neetl
to c natural r have c eared a urgent need for Sta teva nod local agencies to a act and implement a
aggre ntegrated waste m age nt program. The State ha through a ctment of AB 939 and su bsequ nt relaxed
legislation i eluding, buy not limited to the Jobs and Recycling Act of 2011 (AB 341), The Event and Venue Recycling Act of
2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008 [WigglFls, 56 1016]), the Mandatory Commercial Organics Recycling
Act of 2014 (AB 1826), and rite Short -Lived Climate Pollutants Bill of 2016 (SB 1383), directed ih¢ responsible State agency,
ntl all local agencies, to promote a red uction in landfill Ois posal and to m e the u of feasible waste reduction,
Reuse, Recycling, and Composting options in order to reduce the amount of mater al that must b¢ Disposed; and
WHEREAS SR 1383 establishes regulatory requir¢m ents For jurisdictions, Generators, haulers, Solid Waste facilities, and
ocher entities to support achievement of Siete-wide Organic Waste Disposal reduction targets; and
WHEREAS 5B 1383 Regulations. require the City to Implement Collection programs, meet Processing Facility requirements,
conduct contamination m niioring, provide education, maintain r orris, submit reports, monitor c mpllanre, c ndua
enforcement, and fulfill other requirements; and, City has cM1oseh to. delegate some of its responsi lillitl s to the Contractop
acting as the City's design e, through this Agreement; and
WHEREAS the Clty has detefmin ed that an Agreement granted to a private company for the Collection, processing and
Seotember 1 2023 Paee 3
City of Atascatl¢ro /USA Wasf¢ of California, Inc.
Amended and R¢statetl Solitl Wase Coltec[ion Fra ncM1ise Agreement
a rketing of Commercial and Residential Recyclable Materials is the most effective and efficient way to Collect antl vNert
Commercial and Residential Recyclable Materials within the Giy; and
WHEREAS the City decia its intention of m ntaining r able rates and high-quality service for Solid Waste Se rv�ce
and the Collection, Proces ng, and marketing of Recyclable aontl Organics Matertals; and
WHEREAS the Contractor is respo Bible for a nging for Co mercial and Residential Organic Materials and Recyclable
Materlas Collection, Processing, and marketing serv.Ices; and m
WHERFl15 this Agreement has been developed by and is saNsfacmry m the Parties.
MOW, THEREFORE, for and i sideration of the mutual promises herein contained, the adequacy of which Is hereby
acknowledged, It Is hereby agreetl by and. between the City and Contractor as follows-.
ARTICLE 1. UEFIN rrIONS
Whenever any term used in this Agreement has been defi'n ed by the provisions of the California Public Resources Code, The
California Code of Regulations, the Municipal Code, or the Act, 'The d¢fin itions in the Municipal Code, Califpmia Code of
Regulations, the Public Resources Code r the Act will c ntrol_ For purpo of this Agre nt, unle a diffe nt meaning
clearly required, the following words anod phrases shall have the Following meanings respectively ascribed to them by this
Article and shall be capitalized throughout this Agreement:
"AB 341" m s the California Jobs and Recycling Act o{ 2011 (Chapter 476, Sta[ues of 2011 [Ch esbro, AB 3411), also
commonly referred to as "AB 341".
^AB 939" m s the California Integrated Waste Management Act ofi 1989 (Division 30 of the California Pubbc Resources
Code), also com monlY referred to as "AB 939".
"AB 1826" means the Organic Waste Recycling Act of 2014 (Chapter 727, Sxatutes of 2014 modifying Division 30 of the
Califomla Public Resources Code), also nom manly referred to as "AB 1826".
"Affiliate" means all businesses (including corporations, limited and general partnerships and sole proprietorships) which
e directly or Indirectly related to Contractor by virtue of direct o ndirect c rship Interest o
nagement shall be deemed fo be "AfYliated with" Contractor and included within the term�'Affiliates with" Contractor
nd included within the "Aff liates" a sed herein- An Affiliate shall include a business in which Contractor o a direct
ndirecY ownership interest, a business which has a direct o ndirect ownership interest in Contractor and/or asbusiness
wM1ich i also o ed, c ntrolled o aged by any business o ndivid ual which has a dir¢ct o ndirect o rship mte rest
sts, the c straicTiv¢ o ship pro of 5¢c4on 31H(a)'oF the Inte al Re a Code of 1986, effect on The
dot¢ of this Agre nG shall apply; provid zd, ho ,that (i) "tan p¢ nY (10%)� shall be ubsTitut¢d for "fifty p¢ nt
(50%)" 'n Section 31H(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 31H(a)(5)(q shall be disregarded rc For
purpo of det¢rmining o ship under this pa agraph and c ctiv¢ o ndirecT o ship nder Section 318(a),
rship interest of less than ten percenT (10%) shall be determined on the basis of the percentage of voTing interest or
vpalpe which the ownership interest r¢pr¢senTs, whichev¢r is grater.
"Agreement' m s this Residential and Commercial Solid Waste Collection Franchise Agreement (ind uding all Exh ib its and
attachments, and any amendments thereto) between City and ConYracYor.
"Applicable Law" m all Federal, state, County, and local laws, regulations, olutions, ordinan res, rules, orders,
judgments, decrees,. policies, permits, approvals, or other requ rem ent of any go ern menial age cy hav ngJu �sdiction over
Seotem ber 1. 2023 Pace 4
City P£ Atascad¢ro /USA Wasi¢ of CallforNa, Inc.
Amentled and Restat¢d Solid Wase Collection Fra ncMse Agreement
the Collection, Transportation and Processing of Recyclable Maxeri els, Organic Mat rials, and Sofid Waste that are in force
n The Commencement Date and a may bee aded, Issued o ended during the Term of this Agreement. Applicable
Law includes, but is in no way limited to, AB 939, AB 341, AB 1826 and 56 1383.
"Approved disposal FaUlity" m s the landfill or transfer station> selected by the City; where Solid Waste Collected under
chis Agreement is ent for final Disposal. The Approved Disposal Faclli£Y I5 The Chicago Grade Landfill. which has been
a pprpvetl by the City.
^Approved Fadllty(les)" m any o of o ny c mbination of Chez Approved Recyclable Materials Pfoce55ing Faculty;
Approved Organic Materials Processing Facil lty; and/or Approved Transfer FaciOty.
"Approved Organic Materials PFOcessing Faculty" s the Buckeye Processing 8. MRF, LLC Fa Cutty located a[ 6625 Benton
Rd., Paso Robles, CA 9344fi or North County Cpm post, located at 3360 La Cruz Way, Paso Robles, CA 93446, whicFt have
beery selected by the Contractor and Approved by the City.
'Approval Processing Facility[ies)" m any one of or any Com bina$pn of the: Approved Recyclable Materials Processing
Facility; Approved Organic Materials Processing. Facluiy; Approved Transfer Facility, Approved CEeO Processing Facillty� or
Designated CReO Facility.
"Approved Recyclable Materials PYpca55ing FdGllity" means CM1e Buckeye Processing Sa MRF, LLC Faclllry located at 6625
Benton ftd., Paso Robles, CA 93446, or North County R¢cycling, located. at 3360 La Cruz Way, Paso Robles, CA 93445, which
have been selected by xha Contractor and approved by the city.
"Approved Transfer Facility" m s the 6625 Benson Rd., Paso Ro61e5, 'CA 93446 Facility, located at Buck¢ye Processing ffi
MRF, LLC, or Mid States Solid Waste ge Recycling, located at 3360. La Cruz Way, Paso Rpblas, CA 93446, whicM1 has been
elected by the Contractor and approved by the City.
^Billing(s)^ means any and all statments of chargesfpr services rendered by contractor pursuant m. this Agreement.
"Bin" m a Confalner wish capacity pf approximately o e (1) to s x (6) cutiic yards. with a hinged ud, and with wheels
(where appropriate), that Is s rvlced by a Front end -loading collection vehicle, including. Bins with compactors attached to
increase the capacity of iha BIn.
^Business nays' mean days during which the CKyoffices are open tp do business with the public.
^California Coda of Regulations" o "CCR" m s Cha State of California Code of Regulations. CCR references in this chaptr
are preceded with a number that refers [o the relevant TKIe of Sha.CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"CalRerycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with
responsibility for developing, implementing, and enforcing SB 1383 Regulations on juris dlcUons (and others).
"Callfpmla Integrated Waste Management Act of 1989" means Public Resources Code, 440000 et. s
^Cardboard" means corrugatd Fiberboard cpnsistlng of a fluted c rrugated sheet and o e (1) or two (2) flat lin erbpard s, a
Is often used fn the manufacture of shipping containers and corrugated boxes Cardboard is a subset of Recyclable Materials.
"CarC' means a plastic container with a hinged lid and wheels that is serviced by an automated orsemi-automated collection
Vehicle. A Cart has an app rox(mate capacity of 20, 32, 64 or 96 gallons (or simuar Volumes).
"Change ih La W' means any of the following events or conditions that has an adverse e£fed on the performance of
September 1. 2023 Page 5
CRy of Aiascad¢ro /USA Wast¢ of California. Inc.
Amended and Restated Solitl Wastes Collection Franchise Agreement
Co nxractors of its obligations under This Agreement:
A. The enactment, adoption, promulgation, issuance, or modification, of any Applicable Law; or,
e. The order or judgment of any governmental body, uthority, board, bureau, departm enq
nstrumeniallty or public body, o any c urq arbitrator adminisCeative tribunal or public rutility having dirncx
Jurisdiction o r Contracmr's perfo rmancoe of this Agreement, to Che extent such order, Judicial inierp retation,
r Judgment s npx Cher cult of willful o negligent action of the Contractor. However, th econresting in good
faith or the failure in gond faith to contest any such order or judgment shall not constitute or be construed as
such a willful or negligent action.
"Cii�/' m s the GtY of Atascadero, a niclpal corporation acting through its City Council, and all the territory IYing within
the munic pal boundaries of the Clty as presently existing or as such boundaries may be modified during the term,actfng
through the City Council or the Gty Manager.
^CI[y Manager" means tM1e City staff member or their designee who. Is respohsi ble for the administrative management of
this Agreement
"Collect" o "Collection" (or any v iation thereof) m s to take physical possession of Recycles ble Matertals, Orga Nc
Materials, Solid Waste, and other material at the place of generation within tM1e CICY-
^Commencement Oeste" m s [he date specified In Article 3 when Collection, Transportation, Rrocessing, and Disposal
services regwred bYYM1is Agreement shall be provided.
"Commercial" sM1all m of, from, or partes fining ton n -Residential Premises where business ac[IYIty is conducted, Including,
but nox limited to, retail sales, s wholesale operations, m nufacTu ring, and Industrial operations, but excluding
businesses c nducxed upon Resident al property wFJch are permitted under applicable ioNng regulationsand are not the
primary use of the property.
"Compactor' m a mecharUcal apparatus that c mpresses materials together with the Cpntainer that holds the
mpressed materia is or the Container that holds the compressed materials if ft is detached from the mechanical
m paction apparatus. Compactors include two (2) to eight (a) cubic yard Bin Compactors s cad by front-end loader
Collection vehicles and Yen (1D) to flfry (50) cu bic yes rd Qrop Box Compactors serviced by Roll -Off Collection veM1ides.
"ComplainY'shall m acM1 written o rally communicated statement made by any Person, whexher to Gty or Contractor,
alleging: (1) n n-perFo mance, or defioiencies in Contractor's performance, of its duties under this Agreement; (2) a
vrolanon by Contracxpr of this Agreement; or, (3) an 56 1383 Non -Compliance Complaint.
^Compos able Plastics" o "tempostable Plastic" m sfood-service and food -packaging plastic materials or plastic bags
used For collectlng organics material that a e placed n the Green Container and fres nsporied [o a compostabfe mateflal
M1a ndling operations orfacilities, in- el digestion operations or other facil ity Including materials meeting [he ASTM 6400
standard provided the organic wasteeprocessing facility a cepts the mater) al and has provided written notification a wally
to th a CRy sxaiing that the facility c n process and recover tFi at material For co mposability� as defined in 14 CCR SectioT
1g9a4. i(a)(1)(A7 for three ronxainer sysxems.
"compost' has the same meaning as in 1a ccR sentinn va9s.2(a)(a).
"Composting" (or any variation thereof) means tM1e controlled biological decomposition of OYganic Waste chat is
apes rated from other waste streams, o which a separated ata com postatile mater al handling operation" or "faro-ility
as those terms afedefined in 14 CCR Section 18982(a) (12)
City of Aiascadero / 115A Waste pf Calitornia� Inc.
Amended and Restatetl Solid Waste Collection Franchise Agreement
"Construction and OCmolltlpn Debris (CSa 0)" ncludes discarded building mater els, packaging, deb rFs, and rubble r suiting
From construction, alteration, r odeling, repair, of demolition operatfohs on any pavements, a vation projects, houses,
Commercial buildings, o oihe rstru ctu res, excluding Excluded Waste. Cpnstruction and Oemolit on Debris includes rocks,
oils, tree r nd other Yard Trimmings which results from land clearing or land development operations in
preparation for construction.
"Container' means Bins, Carts, Compactors, and Roll -Offs.
'Contamination Fee Ndilce "means the cpntraciors notice to Customers) as described in Section 5.4.8.
"Contamination Warning NMice" means [he Contractor's notice [o Customar(s) as described in Section 5.4J.
"ConVactor' m USA Waste of California, Inc., d/b/a Atascadero Waste AlLernaTlves, and its ofFlcers, directors,
employees, agents, companies and Subcontractors where appOca ble.
"curb" o "curbside" (o any v iation th eoeof) m s the c red edging between the street and sltlewal k. cu rb o
Curbside also means and tlescribes the location of a Collection Container for pick-up, where such Container is placed on the
street or alley against the face of the Curb, or where no Curb e fists, the Container is placed not mare than five (6) feet from
the ouislde edge of the street or alley nearest the property s entrance.
"Customer' means the Person whom Contractor submits its Billing Invoice to and collects payment from for Collection
s¢rvices provided to a Premises- The Customer may be either the Occupant or Owner of the Premises.
"Discarded Materials^ m s R.ecydable Materials, Organic Materials, and Solid Waste placed bye Customer in a Container
and/or at a location for the purposes of Collection by Conuactdq exd uding Excluded Waste.
'Disposal" o 'Dispose" (or any variation thereof) means the final disposition of Solid Waste, or Processing Resitl ue at a.
0lsposal Faciltty.
"disposal Facility" m ns a landfill, or other Facility for ultimaTe 0isposal of Solid Waste.
"0iverC' or ^Diversion" (or any v iation thereof) m s to prevent 0isca rded Materials from Disposal at landfill 0
transformation tacillties, (including fa ollities u "ng in ration, pyrolysis, distillation, gasiflcatio n, or bi ological c
ethods) through s reduction, reuse, Recycling,, Composting, anaerobic digestion or other method of Pro essing,
subject to the prpv¢�ons of A6�939.
"Dwelling UnIY' m ny individual living unit i � Single -Family dwelling (SFD) or Multi-Familydwelling (MFD) structure
or building, a mobile home, o omr home located on a permanent site intended far, or capable of be ng utilized fo ,
Residential living other than a Hotel or Motel,
"Effective Date" has the mean ng set forth in Section 31.
"Enviro ntal Law "means all Fede al and State statuses, c nty, to al and City ordin ntl regulations c ng
public health, afety nd the nt including, by ay of mple nd of I mliation, the Comprehensive
Environmental Response, Compensa't on and Liability Act of 1980, 42 USC 9601 et s the Resource Conservation and
ftecoverY Act, 42 USC 6901 ¢t seo.; the Federal CI¢an Water Act, 33 USC 1251 et s¢o.: the Toxic Substances Control Act, 15
USC 2601 ems; the Occupational Sa Fety and Health Act, 29 USC 651 �-; the CaliFornia Hazardous waste Control Law.,
California Health and Safety Code §25100 et s ;the Californ la Haea rdous Su bsta nc¢s Account Acq California Health and
city pt wtascaderp / usw waste of earfor..ia, Inc.
Amended and Restated Solid Waste Collection Franchise Agreement
Saf¢ty Code §25300 e=>�; the Safe Orin king Water and Toxic Enforcernene Acq California Health and Safety Code §252495
et s¢o , u eptly In force and' as hereinafter amended, and all rules and regulations promulgated there under.
"Excluded Waste" s Hazardous Substance, Hazardous Waste, Infectious waste, Special Waste, Universal Waste,
volatile, c Drive, biom¢dical, infectious; tiiohaza rdpus. and towc substances or material, waste [hat Contra aor r nobly
believes would, a ult of or upon Disposal, be a violation of local, State or Federal law, regulation o Ordina nce �induding.
land u es[rictlOns¢O ndibons, waste that c not be Disposed of in Class III landfills, waster that in Con vac[Ors
noble OpiNOn w uld present a signlFica nt risk to human health or the e enp c otherwise
eate0 expes¢ Contractor or Cliy to potential liability; but not including d¢ m olumes o entrations of waste
of a type and a Dunt n molly found in Residential Solid Waste after implementation of programs for the safe Collection,
Recycling, treatment, and Disposal of batteries and pains in mplia nce with Sections 41500 and 41802 of Che California
Public Resources Code. Excluded Waste does not Include Used Motor Olbor Use Motor Oil Filters when properly placed for
Collection by Contractor, as sat forth in this Agreement.
"Fa011lty' m any plant or site, Owned or leased and maintained and/or operaT¢d or used by Contractor for the purposes
of perform ung the duties to fulfill [his Agreement -
"Federal" means belonging to or pertaining to the Federal government of the United States.
"Fiscal YeaW means the p¢riod commencing January 1 and concluding December 31.
"Food Scraps" means those Discarded Materials that will decompose and/or putrefy including: (i) all kitchen and table Food
Waste; (ii) a al or vegetable waste that is generated during or r ulis from the storage, preparation, c oking or handling
of food stuffs; (iIi) fruit waste, grain waste, dairy waste, meat and £sh waste; and, pv) vegetable trimmings, houseplant
trimmings and other Com porta ble Organic Waste c n to the o upancy of Residential dwellings. Food Scraps a
subset of Food Waste. Food Scraps excludes fats, pilsmantl grease when such maie0als a ¢Source Separated From of Ner
Food Scraps.
^Food -Soiled Pape/' m s Com porta ble paper material that has c ontact with Food Scraps or liquid, such as, but
not limltetl tq COm portable paper plats, napkins, and pizza 6nx¢s. FOOdn Soiled Paper is a subset of Food Waste -
"Food Wase¢" means Source Separated Food SCFaps and Food -Soiled Paper. Food Waste is a subset of Organic Materials.
"Force MaJeuee see Section 12.4 for d¢fi ninon.
"G¢neraTul^' me§ons a person or entity that is responsible for the initial creation Of one or more types of Discarded Materl els.
"Gross R¢venues' means any and all r mpensation actually collected by Contractor from Customers under [his
Agreement for the exclusive Collection, Transportation, Processing, Recycling and 6isposal of Solid Waste, RecYdables, and
Organic Materials within the City, i ordance Witb Gen erally Accepted AccOUnting Principles (GAAP), Flet Of Fra rachis¢
Fees, County Tipping Fee Su mharge andcWaste Management Program Fund Fee in a ordance with Section 5.6(e), and the
SB 1383/AB 939/Reimbursement in accordance with Section 7.2 The term Gross REv¢n ues, for purposes of this Agreement,
shall not include any: a) Gity, o other Federal, State, or local taxes Or su rcM1a rges; b) any Customer La[e Fees, NSF charges,
interest, o aalvatiOn charges; or c) ant revenues generated from the sale of Recydables or any Recycling rebates
received from the State.
"Hazardous Substance" means anypf the following: (a) any su lista races defined, regulated or listed (directly or by r¢fer¢nce)
as "Hazardous Su bstances ', "hazardous materials', "Hazardous Wastes', "toxic waste', "pollutant", or "toxic substances',
or similarly identified as hazardous to human Health or the environment, In or pursuant to: (i) the Comprehensive
Se t b 1 2023 P' 8
City of Acascadere / 115A Waste ei California, Inc.
Amended and Restatetl Solid Waste Coll¢ction Franchise Agre¢ment
Environmental Response, Com pansation and Liability Act (GE RCLA) of 1980, 42 USC 39601 et seq. (CE RCLA); (ii) the
H azartlOus Materials Transportation Act, 49. USC §1802, et seq-; (iii) TM1e Resource Co nServa Uon and Re=covery Act, 42 USC
36901 et seq.; (Iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California H¢alth and Safety Code §§2511 5-2 5117,
25249.5, 25281, and 25316; (vi) The Clean Air Act, 42 USC §7901 et seq.; and, (vii) California Water Code 313050; (b) any
ntlments, rules o regulations promulgated tM1ereun der to such a rated statutes o acts c entlY e ng o
hereafter a acted; and, (c) anV other M1aza rdous or toxic substance, mat vial, chemical, waste or pollutant Identified a
hazardous or mxfc or regulated untler any oth eL Applicable Law currently existing or hereinafter enacted, including, without
limitation, friable asbestos, polychlori natetl biphenyl's (PCBs), petrol eu m, natural gas, and synthetic fuel products, and by-
products.
"Hazardous Waste" m all substances definetl as Hazardous Waste, acutely Hazardous Waste, o extremely Hazardous
Waste by the State i aH ealtM1 ntl Safety Code 3251101112, 425115, and 32611 o n the future a ndments to 0
odifications of such statutes or identified and listed a Dias panels from Residentia lrPremises, and Hazardous Waste by
the LLS Environmental protection Agency (EPA)., pu rsuant to the Federal Resource Conservation and Recovery Ac[ (42 USC
36901 et seq.), all future amendments thereto, and all rules and regulations promulgated chereun der.
"Holldays'.a re defined as New Year's Day.. Memorial Day, Ind c+pendence Oay, labor Oa Y. TM1anksgiving Uay, and CFrisLmas
Day.
"Household HazardousWaste" o "HHW" m ens waste materials meet ng the requirements of 14 CCR Section 18502(12)
that a e generated i mall or de m- s quantities at Reside nttal Premises_ Contractor shall collect Used Motor Oil in
receptacles provld2d by City's Third -Party Designee.
'Yn£ectlous Waster" m s: (I) equipment, instruments, utensils and other fomites of a disposable nature from the r of
patients whoa us pecied to have or have been diagnosed as having a cable disease and must, Yherefores be
Dieted a regWretl bV Public health agencies, (iq laboratory wastes, indu ding pathological specimens (i.e all nssu es,
specimens of blood elements, a rete ands retions obtained From patients or laboratory animals) and disposable fomites
(any substance that may harbor or transmit path oge Nc organisms) attendant thereto; and/or (iii) surgical operating r
patM1ologic specimens - ncluding r cognizable anatomical parts, human Nssue, anatomical human r nd disposable
materials From hospitals, clinics, outpatient areas, and emergency rooms, as tleflnetl In 14 CCR Sect'�on 17225.36.
"Late Fee" unt cM1arged by Contractor to r mburse it for administrative costs a -ng from payment
tlelin quency, including tM1 eoeosi of notices and adjustments twits a unting r orris, and may includesa Flxed fee of 55.00
or 25%monthly Interest on the past due amount, whichever Is greater and a Non -Sufficient Fund ("NSP') fee.
"Multifamily Dwelling Unit' or "Multi -Family' or "MFD" of, from, or pertaining to r sidential Premises with flue (5) o
more dwelling units Including such Premises when c mbined In the s e building with Commercial establishments, that
entralized, shared, Collections a for all units on the Premises which a e billed too a (1) Customer at one (1)
addressc Custq mars resitling In Townhousies, mobile homes, condominiums, or other structures witM1 Five (5) o
dwelling units who r e IndlVidual three -Container service and a e billed separately shall not be considered Multi -Fa mmilt.
Multl-Family Premises itlo not Include hotels, motels, or others transient o cupancy facilities, whicM1 are considered
Commercial 13 usl nesses.
"Occupant" means the. Person who occupies a Premises.
"Organic Materials" m s Vard Trimmings and Food Waste, as further tlescrlbed on Exhibit F, individually o ollectively
[hat are set aside, handled, packaged, o offered for colleRlon Ina nner different from Solid Waste for the purpose of
processing. No 0lscartl ed Material shall be c sidered to ba Organic Materials, however, unless rt i separated from
Recyclable Material and Solid Waste. Organic MaTerials are a subset of Organic Waste. Organic Materials does not include
City of Aiascadero /USA Waste o£ California Inc_
Amended antl Restaietl Solid Waste Collection Francbise Agreement.
Excluded WasTe.
"Organic Waste means wastes containing material originated From living organisms and their metabolic waste products,
ncluding bu[ riot ❑miietl io food, green material, landscape and pruning waste, organic textiles and .carpets, untreated
Umber, untrea[ed w od, Paper Prod uc[s, Printing and Writing Papep manure, biosolids, digastaTB, and slutlges- Biosolids
and dlgesta[e are as defln ad by 14 CCR Section 18982(a ).
"'Overage" m s Solid Waste, Orga rtic Mafer'lals, or Recyclable Materials placed inside a Container chat c s. (i)
the btl on the Container to be open; (ip mace tial chat Is placed on top of [he Container; (iii) maTerial placed a ound the
Container either Yn bags or un -containerized; or (iv) the Container [o exceed the weight limit for such Container. r
"Overage Fee" means the fee. lei forth in Exhibit A charged by Contractor to Custom er(s) for Overage In accordance with
Section 5.3.
"Owner' m s the Person holding the legal title to real property antl/orany improvements tM1ereon and sM1all include the
Pers n(s) listed on the latest equalized assessment roll of the County Assessor_
"Path/' or "Partial" refers to the City and Contractor, individually or together.
"Person" m any indiv]dual; firm, a iation, organize tion> paten ership, c ortlum, corporation, business tru sq joint
entu re, Commercial entity, governmental entRy, public entKY the UN[ed Sta[ess the Siete of California, the County of San
Luis Obispq local agencies, cities, special purpose districts, and any other legal PBrsOn.
`Promise "moans andi dudes any land, building and/orstructure, orportion thereof, in the City where Dtscartled Materials
e produced, generated, o ulaietl. All situ ctures on the same legal parcel,. which are owned by the same person
shall be considered as one Premises.
"Processing" or "Process" means to prepare, creat, or convert ch rough some special method.
"Processing FaciliLi/' means arty plant or siteUsed for the purpose of sorting, cleansing, treating or reconstltuting Recyclable
M ateria is for the purpose of making such material available for Recycling or reuse r the Faciltty for the Processing and/or
Composting of Orga �c Materials.
"Prohlb(ted Container Coptaminants" ons the Follow'mg: (i) Discarded Materials placed In the Recyclable Materials
Container thaT a e npt identified a ceptable Source Separated Recyclable Materia is frit [Fie City's R¢cyclabl¢ MaTen els
Container, (ii7 Dis arded Materials placed in the Orga c Materials Container that a of identified a epta ble Source
Sepa orad Orga c Materials for the Ciey's Organic Materials Container, -(iii) OIs arded Make els pia ed In the Solid Waste
Container chat a ceptabe5ource Separated Recyclable Materials and/or Source Sepa taxed Organic Materials to tie
placed in CiYY s Organic Materia is Container and/or Recyclable Materials Container, and, (iv) Exdu dad Waste placed in any
Container.
"Recyclable Materials" or "Rarydablas' moans [hose Discarded Maierl els [hat are Ida ncified on Exhibit F and that Customary
se[ ouf in Recyclables Containers for Collection for the purpose of RecYCling by Contractor. No Discarded Materials shall be
sideretl Recyclable Materia is unless such ma[erial Is separated from Organic Materials and Solid Waste by the Customer.
For the purpose of collection of Recyclable Mafe rials through Coniraccor's Collection s s, Recyclable Materials shall be
IimRed co chose materials Identified by Contractor as accepca ble Recyclable Materials Recyclable Mater}els do not Include
Excluded Waste.
"Rerycling" or "Recycle" means [he process of sorting, treating, and/or reconsiicu Ying. Recyclable Materials, which would
City of A[ascatl¢ro /USA Was[¢ ¢f Califo � In
Amen tletl and Restated 6olitl Waste Collection Franchise Agreement
otherwise be discarded without receiving compensation o retu rning them to the economy in the form of raw materials for
sed, o nstiwied products, Recycling 5ncludes Processes deemed to consGiu[e a retl uc[ion of landfill Disposal
pursuant to 14rccfto Division 7, Chapter 12, Article 2. Recycling does not include gasif canon or eransform abon as defined
m Public Resources Code Section 40201.
"Residential" shall m of, from, or pe rtai Hing too. Single -Family Premises or MUItFFamily Premises Inclu ding Single -Family
homes, apartm encs, condominiums, Townhouse complexes, mobile. home parks, and c operatWe apartments.
"ftesidue" m s xhose materia is which,. after Processing, a e Disposed ratM1er than Recycled dve to etther the lack of
marke<s for materials or the ina btllty of the Processing Facility to capture and recover the materials.
"Roll-OfP' m open -top Container wfch a capacity of seven (2) to forty (40) cubic yards that is serv�red by a Roll -Off
collection vehiclean
"San Luis Obispo County Integrated Wase ManagemBnt Authority (SLD IWMA)" o "IWMA" m s the regional Joint Powers
Authority that has responsibilities related as defined by the Joint Powers Agreement relatedeto the City's c mpliance with
Applicable Law. The IWMA may be designated certain responsibilities and rights of the Ciiy related io reporting, monitoring,
nd education requirem ants as specified in this Amendment A cppy of any le<ter designating the IWMA will be provided tP
Contractor.
"56 1383" m s Senace BIII 1353 of 2016 approved by the Governor on September 19, 2016, which added Sections
397305, 39230.6, 39230J, and 392308 [o the Health and Safety Code, and added Chapter 13.1 (commencing with Section
42652) to Part 3 of pivis ion 30 of the Public Resources Code, esiatillshing methane emissions reduction targets i
statewide effort to reduce emissions of short-lived climate pollutants as amended, su pplemenied, superseded, and
eplaced from time to time.
For the purposes of this Agreement, SR 1383 specifically refers to The Short-LivedClimate Pollutants (S LCP][ Organic Waste
Red ucilgns regulations developed by CalRecycle and adopted on November 3, 2020 that createtl Chapter 12 of 14 CCR,
Division 2 and a ended portions of regulations of 14 CCR and 27 CCR.
"Self -Haul" m s to act as aSelf-Hauler.
'Self -Hauler' means a person who ha Uls Sobd Waste, Orga Nc Waste, or Recyclable Material <h eY have generated io another
person i mplian oe with Ctty Code Section 6.4-112. Self -hauler also includes a landscaper, o a person who back -hauls
este. Back -haul m s generating and transporting Recyclable Materials or Organic Waste to a destl nation owned and
operated by the Generator or Owrter using the Generator's or Owners own employees and equipment.
"Service Level" refers to the size of a Customers Container and the frequency of Collection serwce.
"Single Family Dwelling UnIY' o "Single -Family" o "$FD" refers to any detached o attached house o sitlenee of four (4)
nits or less designed o sed For occupancy by o e (1) family, Provided that Collections a feasibly c n be provitled [o
uch Premises a nd ependent unit, and the Owner P.r Occupant qF such ind ep en dentcunit is billed directly £or the
Cnectlon rvlcea Single -Family ncludes Townhouses, nd arh ndep¢ndent nit of duplex, Vi -pax,. or fOUr-plex
Residential sYruetu res, regardless of whether each unit is eparat¢ly billed for their speUFic Service Le Vel.
"Solid Waste' Has the s ng as defined in State Public Resources Code Section 40191 (and in Ord. 56 4 6-4.01,
1982), which defin Solid Waste all putrescible nd n-putresci ble olid, olid, nd liquid este clUding
garbage, wash, refuse, paper, rubbish, ashes, industrial wastes, demolition and c nstru ctlon wastes, abandoned vehicles
and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which
Sevtember 1. 2023 Paee 11
City Of gtascadero / IJSA. Wast¢ o£ California, Inc.
Amen detl and Restated Solid Waste Collection Franchise Agreement
Is not hazardous waste, m vegetable o Nmal solid ands ml -solid wastes, and other discarded solid and semisblltl
wastes, with the a ception that Solid Waste dbes not Include any of the following wastes:
(1) Hazardous waste, as defined in iM1e SSatB Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with
Section 11a96o) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste r¢gUlat¢d pursuanttothe State Medical Waste Management Act (Part 14 (co ng witb
Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste slhall not
be disposed of in a Solid Waste landflll,.as defined in State Public Resources Code Section 40195.1. Medical
este that has been taatetl and deemed to be Solid waste shall be regulated pu rsua rix to OiYlsldn 30 of
the State Public Resources Code. '
(4) RecYcla ble Materials, Organic Materia ls, and Construction and Oemol Rion Debris when such materials ora
' Source Separated.
Notwithstanding any Prov n to the contrary, Solid Waste may include de minimis volumes o entratlons of
este of a type and a Int n ally found In Residential Solid Waste after implementation pF programs for the
safe collection, Recycling, treatment, and disposal of household hazardous waste in c mpliance with Section 41500
rid 41502 of the California Public Resources Code a may be amended From time to time (also known as HHW).
Solid Waste includes salvageable materials only when such materia is a e included for Collection i a Solid Waste
Contalneq not Source Separated from Solid Waste at the site of generation. Solid Waste does not include EiccW ded
Waste.
Far purposes of chis Agreement, acceptable Solid Waste is further described on Exhibit F.
c5oume Separated" m materials, induding c mingled Rerydable Materials and Organic Materials, that have been
separatetl or K¢pt sepa ate from the Solid Waste stream, at the point of generatibn, fOr the purpose of additional sorting
r prdcessing of those materials for acycling o order to return them to the a nstream in the form of
w material for new, reused, o nsntuted products, which meet the quality sta ndards 'n sary to be used in the
a rketplace, o otherwise defined in 14 CCR Section 17a025(b)(4). For the purposes of the chapter, Source Separated
shall Include separation of materials by the Generator, Customer, Responsible Party, or Responsible Parey'S employee. into
different containers for the purpose of collection such that Source -Separated materials are separated from Solid Waste for
the purposes of c011ecnon and processing.
"Special Waste" m s hazardous waste which meets all of the criteria and requirements of 22 CCR Section 66261:122
induding [hose wastes listed in 22 CCR.Section 66261.120.
"State" means the State of California
^Subcontactol" m a Pahl' who has entered Into a oneraet. with the Contractor fvr the performance of a act that is
sary For the Contractors fulfillment of its obligations for providing s ce under this Agreement Vendors providing
materials and supplies to Contractor shall not be considered Su bcontractoers. I
'Term" means [he term of this Agreement,'as provided in Article 3.
'Third -Party Oeslgnee` m s the I WMA nr another third -party person o entity designated by the City to perform certain
esponsi bilines and rights of the City related to reporting, m nitoring, and education requirements a specified in this
Agreement. A copy of any leiter from the CIN designaV ng a third -party will be provided to Contracmr upon execution by
September 1 2023 pace 12
CILy of Atascatlero /USA Wast¢ of California, Inc_
Am en d¢d antl Restated Solitl Waste Collection Franchis¢ Agr¢ement
CKy or delivery by CItY to such third -party.
'Ton" or 'Tonnage" m nit of measure for weight equivalent to two thousand (2,000) standard pounds where each
pound contains sixteen (16) ounces.
'Transfer' m s the act of fro nsferring the materials Collected by Contractor in its route vehicles into larger vehicles for
Transport to other faclltties for the purpose of Recycling or Dlspbsing of such materials.
'Transfer Station" i eludes those Facilities u ed to r e Solid Wastes, temporarily store, separate, c erp o otherwise
process the materials in the Solid Wastes or to Transfer the Solid Wastes directly from smaller to larger velli cies For
Tra nsportand those facilites used for transformations..
'Transportation" or ^Transport" means the act of conveying Collected materials from gone locaton to another.
"Universal Waste' ante materials that are conditionally exempt from classification as hazardous waste pursuant to
Title 22 of the California Code of Regulations (22 CCR), Section 662619,. including but not limited to: (p tratteries a
de ribed in 22 CCR s coon 66273.2; (ii) ih ermostats as described in 22 CCR Section 66273. a; (iii) lamps as described in 22
CCR section 66273.5; and (iv) cathode ray tube materials as described In 22 CCR Section 66223.6.
"'Yard Trimmings" m s those Discarded Materials that will decompose and/or putrefy, including, but riot limited to,
shrubbery. tree tnmmangs, yard waste, wood chips, green trimmings, grass, weeds, leaves, prunings,. branches, dead plants,
brush, tree trimmings, dead trees, small pieces of unpainted and untreated w od, Christmas Trees, antl other Npes of
Organic Waste r ulting from n al yard and landscaping m ntenance chat may be specified in Crty Legislation for
Collection and Processing as Organic Materials under this Agre ent. Yard Trimmings does not include Excluded Waste.
Vard Tri rigs ubsei of Orga c'M ateri al s. Ac epta ble Yard Tri rigs ay be added too ed from this list
from tl e to timerbV mutual c ent nYa rd Trimmings are a subset of Organic Materials. Yard Trimmings placed for Organic
Materials Container Collectionomay not exceed six (6) Inches In diameter and three (3) feet in length and must fit within the
Contractor -provided Container.
ARTICLE 2_ REPRESENTATIONS AND WARRANTIES OF CONTRACTOR
2.1 Contractor Status
Contractor shall be an indepe ndent contractor and not an agent or employee pf the City.
2.2 Contractor Authorization
Contractor has the authority to enter into and perform its obligations under t}iis Agreement. The Board of Directors
rid Contractor (br the shareholders, if cessary) have taken all actions required by law, Its articles of
prporation, its bylaws o otherwise to authorize the a cution of this Agreement. The Persons signing this
Agreement on behalf of Contractor have the authority to do so.
2.3 Compliance with Laws and Regulations
Contractor shall comply with all exlstng and future Applicable Law made applicable to this Agreement in
accordance wFthaectlon 14.5.
2.4 Grant and Acceptance of Agreement
subject to Section 3.4 (Conditions of the EffectivenessoF Agreement), Gty hereby grants to Contractor the exclusive
City o£ Atascatlaro /USA Wast¢ o£ California, Inc.
Amended and Restated solid wast¢ Collection Franchise Agreement
right and priyilegp to couecc and pispose au spud wastes gen sra[ea and/or accumwp[ed within oty,. inclpoing by
utilizing City streets and rights -of --way.
Subject to Section a.2 City also hereby grants to Contractor the exd us Ne right and privilege to Collect Recyclable
Materials and Organic Materials gen eratetl and/or accumulatep within the Gty, including by utilizing Gty streets
and ngbts-of-way_
Contractor shall perfo all duties requ ed under this Agre nt In a orda rice with all applina ble nt and
future Federal, State, and to al la rid regulations at rates established by ibis Agre nt and by Gity pu nt to
the pro edures set forth he For purpo o{ this Agre nt, Applicable taw shells dude bot not be limited
to a duly c stituted go ng body of a public age cy, eluding jo nt powers authorities and districts hav ng
Jurisdiction over Con[ractols'parformance under this Agreement.
Contractor hereby a ¢pts iheAgreem en[ on the terms and bondiLons sat for[h in chis Agreement.
2.5 Serve Without Interruption
Contracmrshall perform alldutles[hroughoutthe Term oFth(s Agreement withoutinterruption ex epi as otherwise
authorized by this Agreement.
2.6 Permits and Licenses
Contractor shall procure, and keep in full force and affect, all permits and licenses, pay all charges and fads, and
give all notices a Bary to conduct tts obligations under this Agreement. In addition, any prpperN o ned p
operated by the fontractor in Aiascadero shall be kept in clean and orderly conditlon c nsls[en[ with industry
standard and the truckingyard located at 7675 San Luis Avenue shall notbe used to. store or Transfer Solid Waste,
Organic Materials, or Recyclable Materials without the approval of the City.
2.7 Preservation of City Property
Contractor sbal I pay to the Cfiy, n demand, the cost pf all repa s to public property made necessary by any of the
operations of Contractor under this agreement diYectly ca usedlby Centra tier.
ARTICLE 3. TERM OF AGREEMENT
3,1 Effective Date
The Effective pate of this Agreement shall be September 1, 2023 (the "Effective pate').
3.2 Term of Agreement
TM1e Term of this Agreement shall be for the period c meriting on the EfFecYve pate and exp Ving thereafter on
pecem ber 31, 2031, ("Term") unless eMend ed by the. Parties as provided in Section 33 (Option to Extend).
In the e ent of a Change of Law which w uld render the Collection, Poocessing, and Disposals s Io be
mplem enied under this Agreement Illegal,. She City reserves the right to terminate Shls Agreement upon the giving
of a vx (6) month prior written notice of City's election to so terminate this Agreement.
City of Atascadero /USA Waste of California, Inc.
Amentled and Restated $olitl Waste Collection Franchise Agreement
3.3 Option to Extend
The CRy shall have the sole option to extend the Term of this Agreement up to twenty-fow (24) months in periods
of at least twe Ne (12) months each after the lnttial Term. Prior to the :expiration of She extension, the Gty and
Contractor may agree to a rid extensipn of the Term of the Agreement, up to twenty-four (24) months In
periodsof twelve (12) months each. If either Party desires to exercise a option, it shall give written notice to the
other Party of its desire to extend the term not later than o e hu ndrred eighty (180) days prior to the initial
t¢rminaYion date, o if one ext¢n sign has b¢¢n ¢ sed, not later than o e hundr¢d eighty (180) days prior to the
extended termination date of its desire to extend the term. Except withnrespect to the Term of this Agreement,
the terms and c nditidns of ibis Agreement shall be applicable during said extension option extended Term unless
the Parries mutually agree upon any changes in accordance with Seciibn 145.
3,4 Conditions to Ef£ectivenl�ss of Agreement
The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for
in ibis Agreement is ubjeci m the satisfaction of each and all of the conditions set out below, each of which may
be waived in whole or in part by City.
A. Accurary o£ Representations, The represeniatio ns and w rifles made by Contractor ihcougM1 out this
Agreement are accurate, true and correct on and a of the EffectW.e Date of this Agreement.
B. Absence of Litigation. There is no litigation gentling in any court challenging thea and of this Agreement
[o Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance.
G Furnishing of Insurance and Performance Bond. At least thirty (30) calendar days before the Effective Date
of the Agreement, the Contractor shall provitle proof of insurance in the form, coverages, and amounts specified
In Section 10.4 and the performance bond set fo Kh in Section 105.
D. Effectiveness of City Council Action. The City's approving this Agreement shall become effective pursuant
to California law on or prior to4he Effective Date of this Agreement.
ARTICLE 4_ SCOPE OF AGREEMENT
4,1 Scope of Agreement
Su biect to Section 4.2 (Limitations to Scope), the Agreement granted to Contractor shall be exclusive for Solid
Waste, Recyclable Materials, and Organic Materials, a cept where oth erw.ise precluded by Applicable Law. This
Agreement does not include Construction and Demolition Debris; however, the City reserves the right to add
Construction and D¢m olition Debris, at its .discretion, at some point in the tutu re.
4.2 Limitations to Scope
This Agreement for the Collection of Solid Waste, Recyclable Materials, and Organic Materials; Disposal of $o6d
Waste; Processing of RecYcla ole Materials and Organic Materials; and Marketing of Recyclable Materl els and
Organic Materials granted [o Contractor shall beexclusive except as detailed in tM1is Section:
A. Recyclable Materials separated from Solid Waste by The Generator and for which Generator sells o
otherwise c mpensated by a olledor In a manner resulting in a net paym en[ to the Generator for such
Recycling or related services;
city of A[ascatl¢ro /USA Wast¢ of California, int
Amend¢d and Restat¢d Sglid Waste Collection Fra ncbise Agreement
B. Containers delivered by the Gen erator for recycling under the CapForn la Beverage Container Recycling
Litier Reduction Act, §§.14500, et seq., California Public RHsources Code.
G Recyclable Materials don a[ed [o a chs nTabl e, envtronmen[al or other non-profit organization.
O. Solid Waste, Recyclable Materials or Organic Materials which a separated at any Premises, where
uch makerials a e generated o -site, and which are transported by a Self -hauler to a Disposal Facility,
Recycling center or Processing Faclllty;
E. Other Governmental Agencies witM1in the City which can contract for separate Solid Waste, OrgarVc
Materials, and Recycling services and,
F. Contractor shall cooperate witM1 and shall not impede, intertere, o attempt to impede or intertere with the
implementation, expansion, or operation of Food Recovery efforts in the Clty.
This Agreement to Collect, Transport, Process, and market Recyclable Materials shall be interpreted to be consistent
with Applicable Laws, n nd during the Term of the Agreement, and the scope of this Agreement shall be limited
by c nt and then -applicable State and Fede al la with regard to Recyclable Materia is and Organic Materials
ha ndling, flo ntrol, and related doctrines. rin these nt that a Change Law limits the ability of the City to
lawfully provide for [hes ope of services a specifically set forth herein, Contractor and City agree to work In good
faith to a end the s ope of the Agreement s s to comply with such Change in Law, and the City shall not b¢
esponsible for any lost profits and/or damages claimed by the Conerae[or a uh thereof; provided chat
Contractor may request a rate adlustm ent in a ordance wRh the procedures set forth in Sec[lon SA for any such
change in Law_ Nothing in this Agreement is intended too shall be donstru ed to excuse any Person from obtaining
any authorization from City that is otherwise required by law.
4.3 Administration of Agreement
The City Manage r their design shall administer this Agre ent on behalf of the City and shall supervise
Contractor compl ante with the Agreement terms and condiiions.m
4.4 Use of City Streets
Contractor shall ha a the right and privilege to ope ate Collection vehicles and equipm ent on ny and all streets,
public ways, rights of -way, or easements of the Cityr
4.5 Gity Request to Direct Changes and Changes in Law
4.5.1 Gen¢ral
City may request Gon[rac[or to perform additional s s (including State m ndates, n w Div¢rsion programs,
etc.) o odify them which it performs its oblige[ ons under this Agreement, including existing services, o
require additional o w fees or Charges In addition, a Changs in Law may require that Contractor provide new or
additional s rvices under this Agre nt. Pilot progra nd i ative s s that may entail n w Collection
ethods, different kinds of s nd/o equ nts For Generators' or Customers a eluded a ng
the kinds of changes that City maYr equest o a Change n Law may require. Contractor shall present, within thirty
(30) days of a request to do so by City, a proposal to provide additional o odified s Contractor may
equ st a adjustment i its rates and c mpe anon i ordance with the pro edures set forth in Section R.4
(Extraord nary Atljustm nts), for providing s chsadditional o odified s elated to any such City directed
change or ny Change in Law or any additional or new fees or charge imposed by City.
4.5.2 N¢W OIv¢r5ion PFogmmS
Gity of Atascadero /USA Waste of California, Inc_
Amen tletl and Restated Solid Waste Collection Franchise Agr¢ement
Contractor shall present, within tFti rtY (3pJ days, o otFter such time as the parties may agr¢P, of a request to do s
by City, a proposal to provide additional or expandetl diversion services The proposal shall coniaiF a complete
description of the following:
Collection methodology to be employed (eq uipm nt wvrkfo etc.)
b. Equlpm¢nt to be utilized (vehicle n mbeq type opacity, age etc.).
La bo equ nis (n tuber of employees by classification).
d. Typerof Containers to b¢ utilized.
Provision for program publicity/education/marketing.
f. Proc¢ssing Facility to be utilized for �Iverslon and/or r ery of materia ls.
g. A projection of the fnancial r ults of the program's operatlons for the. remaining Term of the Agreement to
balance sheet and operating statement format including documentation of The key assumptions underlying the
projections and the su pporY for those assumptions.
4.5.3 City's Right to Acquire Services
IF pursuant to Section 4.5.2 (New �Nerston Programs). Contractor and City c nnot agree on terms and conditions
of such n within n nary (90) days firvm the dot¢ when City first requests a proposal From Contractor to
pe rfvrm s chs ,Contractor acknowledges antl agrees that City may permit persons oth er than Contractor to
poovitle such services.
4.6 OWnersFlip of �iscardf3d Materials
All Solid Waste Collected, r ved, and transported by Contractor from the Premis¢s where produced, generated,
rid/or ulated pursuant to this Agreement shall be the property and esponslbllity bf Contractor.
N btw Rhstanding the fo regoing, Contractor shall have no duty or obligation to Collect any Hazardous Waste or other
material that does not meetthe defin Kion of Solid Waste, and ownership of all such non -conforming materials shall
remain witn tris cgstgmer.
Once Recyclable Materials and Organic Materials a e placed in Containers and properly Presented fior Collectlon,
wnership and the right to possession sh aJl transfer directly from the Customer to Contractor by operation of this
Agreement Contractor is herby granted the right to retain, Recycle, Process, r and oth¢rwls¢ u ¢h
Recyclable Mat¢ri els and Organic Mat¢ria is or any parr tM1ereof, i any lawful Fashion¢or for any lawful purpose
istent with the hierarchy and goals. of AB 939 andin a m r that c nstltutes a reduction In landfill disposal
pursuant to 56 1383 Subject to the prpyislons of this Agreement, Contractor shall M1ave the rlgM to retain any
beneftt r ulting From its right to retain, Recycle, Process, o e the Recyclable Materials and Organic Materia is
that It Collects. Recyclable Materials and Orga Nc Materials, o any part thereof, which a e delivered m a Facility
shall become the property of the Owner or operatoe of the Faclllty(Ies7 o ce depo5ted there by Contractor.
4J City's Right to Perform Service, Tagging of Improper Set -Outs
In the a enC Contractor falls To Collect and r e Solid Waste, Orga nlc Materials, or R¢cycla ble Materials on a
Customer's regularly scheduled COIIecNnn day. within t entV-four (24) hours of a request from City ora Customer
To do so, for Processing and disposal, CITV may Collect said materials and Co nirac[or shall b¢ Mable for all related
expenses Incurred by Cixy. Such expenses Include but a of Ilm ltetl to olsposal, atlminlstraHve, .and legal costs.
Contractor shall reimburse Clty for such expenses as requVed.
In the a ant Contractor does not Collect any item or Container of Solid Waste, Recyclable Materials or Organic
Materials due too Customer's n - mpliance with rules and regulations for proper set -out, If possible Contractor
shall attach a tag securely to the Item or Container not Collected specifying the r s for non -Collection- The tag
shall contain Contractor's nam¢ and telephone number. Contractor shall maintain records of all such Non -Collection
Qty of Aiascatlere /USA Waste of California, Inc.
Amended and Restated Solid Waste Collection Franchls¢ Agreement
tags issued [o Customers and report to the City in accordance with Section 9.2.
ARTICLE S- DIRECT SERVICES
5.1 General
The worK to be done by Contractor pursuant m this Agreement shall include the fu rnishing of all labor, su pervlslo n,
equipm aril, materials, supplies, and all other Items necessary to perform th eservices, a set forth In [his Agreem ani.
Thee ration of, and speCiflcailon of req ulrements Foq particular items of labor o seq uip merit shall not relieve
Contractor of the duty to furnish all others, as may be required, whether enumerated br not, to perform its
.obligations under this Agreement.
The work m be done by Contractor pursuant to tMs Agreement shall be a mplish ed in a thorough and
professional manner so that the residents and businesses wtthin the Clb are provided reliable, courteous, and high-
qualliy Discarded Materials Collection services at all times.
5.2 Solid Waste Recyclable Materials and Organic Materia is Services
s, 3.a Three -container collection System
A. General Contractor shall provide athree-Container Collection program for all Customers for the sepa rale
Collection of SbVrce Separated Recyclable Materials, Organic Materials, and Solid Waste as sp¢cified in this Sectldn
5.3, using Contalnars that comply with the requirem¢nts of Section 5.5.3.
B. Solid Waste
Contractor shall provide weekly Collection of Solid Waste for all places and Premises within City, o uch other more
frequent level of s may be determined by Contractor .and the Customer and at rates established by ibis
Agreement Contractoreshall provide m a frequent Collections rvices at rates este bushed by this Agreement for
those Premises within tM1e city that generate larger volumes of solid Waste.
Contractor shall Collect Solid Waste From Contractor -provided Go ntainers and Transport the Solid Waste Collected
to pJ the Approved Disposal Facility, or (ii) the Approved Transfer Fa ciOty for Transfer and Transportto an Approved
Disposal Facility, a specified in Section 5.6. Contractor may allow carpets and textiles co be placetl in the Solid Waste
Containers. Prohibited Container Contaminants shall not be placed in Solid Waste Contalnars by Customers.
C. fteryclable Materials
Contractor shall Collect and r all Raryclabl¢ Materials placed in Con Vactorvprovld ed Containers at tM1e
designated C011ediion locations for Single -Family Dwelling Units, Multi -Family Dwelling UNis, and Commercial
Customers at the taxes established by this Agreement. Recyclable Materials and Collection shall be w ekly on [he
e day of the week as Solid Waste Collections Commercial Recyclable Maie rl els Collection shall o
less than one tlme per wee K, on a scM1 edule as -determined by Contractor and the Customer, ai the rates set forth on
ExhibR A.
Coniracror shall provide Containers to Customers for Collection of Source Separated Recyclable Materials and shall
p rovld¢ Sources Separated Recyclable Materials Collection s s descri bed in this Agreem¢nt The Containers
shall c mplV with the requirements of Section 5.5.3. Contra ctorshall Transport the Source Separated Recyclable
M at¢rials Collected in the City to (i) iM1e Approved Recyclable Materials Processing Facility, or (ii) the Approved
Seotem bar 1. 2023 pace 18
City of Atascadero /USA Wast¢ of California, Inc.
Am en tletl and Restated Solid WasC¢ Collection Fra nchis¢ Agreement
Tra nsf¢r FacilRy For Tra nsfer and Transport to the ApproV Od Recyclable Materials Processing Facility, as specified in
Section 5.14.
Recyclable Materials to be Collected are set Forth on Exhibit F.
The Parties agree that the list of a cept¢d tYP¢s of Source Separaietl Recyclable Materials may 60 added [0 0
Ved from this list from time to time by mutual c ent of the parties provided said maYenals a e those
¢ptablc• as defined by State Law and a nformance with those materials a eptable in the Co my of Sa
Lu s Obispo. Contractor shall not add o aterials to or from this list without written approval from the GtY
or signed amendment to the Agreement, and such approval shall not be unreasonably with bel tl.
City o its design shall ntace Multi -Family rid Co al Customers advance of the Effective Date to
determine appropriate Container s rid s e frequency. Contractor shall upplY each Multi -Family and
Commercial Cusmmer with Recyclable Materi alsrConiainer(s) adequaee to m at th esCus[om er's n eds. Contra trot
shall tle1N¢r Recyclable Maters els Containers to each and a ery Mul[I-Family and Commercial Customer aC the s
time [hat the Contracfor tlelivers Solid Waste Containers e ept for Commercial Custom er(s) that have b en
meted from Recyclable Materials s s by Che CItY Or 1 as dem OnsVated t0 She CIYy that it Is Self -ha Uling
Recyclable Materials in accordance with the Atascadero MuniUpal Code.
U. Organic Materials
Contractor shall provide Containers to Customers for Collection of Organic Materials and shall provi[ie Organic
Materials Collections s described in this Section. Contractor shall Collect and r all Orga c Materials
placed in COneractor-pro'vid ed ConCainers, at the designated Collection locations fior 5 ngle-Family, Multi -family,
ntl Commercial R+stom ers, at the rates set forth on Exhibit A. Collection of Organic Materials for Single -Family
Cusco mets shall be on the s ¢ Cay as Solid Waste Collection_ Collection Por Multi -Family and Commercial
Customers shall not less than once par wee K, on a schedule as determined by Contractor and the Customer.
Contractor shall Tr sport the Orga c Materials to (i) the Appro ed Orga c Materials Processing Facility, r (ii) the
Appro ed Tra nsfer Facility for Transfer and Tra sport to the Approved Orga is Materials Processing Facility, as
specified in SCCTign 5.14.
Th c+ Parties agree [hat a epYed types of Organic Materials may be added too etl from ExhibR F from rim¢
to time at the sole discretion of Ch¢ City Provided [hat the Organic Materials Processlong Facility a wets the type of
material, materials a e those a cepta ble as defined by State Law, and a onform ante with those materials
epia ble in the County of San Luis Obispo. In the a ent that any suchetype of Orga Nc Materials i added o
Sectied by the Gtv, Contractor may request a rate ad]ustmeni i orda rice with the procedure set forth i
on 8.a. Contractor shall not add o mafenals 20 or from ibis list wikhoui written approval from the Gty,
and written notlflcatlon to the City and such approval shall not be unreasonably withheld.
City o its tlesign¢¢ shall cOntaci Com merClal and Multil-Family CUstOmers i ad Vance Of Che Effective �aCe To
determine appropriate Container s rid s e frequency- Contractor shall supply each MUIYi-Family and
CommerUal Customer whh OrganiclMate pals Containers) adequaCe to meet the Custom er s naetls. Contractor
shall J¢liV¢r Orga nlc Materials Containers to each and a ery Commercial and MUICi-Family Customer at the s
Tim¢ that the Contractor delivers Solid Waste Co ntainecs a cept for Commercial CusCom er(s) ThaC have been
meted from Organic Materials services by the City, or has demonstrated to the Ory that R is self -hauling Organic
Materials in acco rtlanca with the Atascadero Municipal Cod¢ -
5.3 [Nerage of Containers
City of Atascatl¢ro /USA Wasfa of California, Inc.
Amended and Restated Solid waste Collection FYa nchise Agreement
5.3.i Where Contractor identifies instances of Overage o£Containers, ConVactor may charge an Overage Fea a
set Forth in ExhibiTA(based on Container size)for costs incurred resulting9rom Yesolving the Overage. Every insta rtes
of Overage may be charged an Overage Fee.
5.3.2 Contractor will document the Overage through the use of film or digital photography and Contractor wilt
present such evidence of the Overage to the Customer as outlined in Section 53.4.
5.3.3 Whe ch evidence of Ov age as pre ^ted to the Customer, and Contractor documents three (3)
other instances of o erfilling within o e (1)ye of any i stance, i addition to charging an Overage Fee, Contractor
uthorized to delNer the ext large - ed Container to the Customer, deliv additional Containers, nd/or
e Collection frequency^ adJustingrthe s rvlce rate a ordingly. Contractor will take on1Y that action which is
sable and n Bary to c un[eraci future instances of Overage and will document such action, including.Yhe
JustiPcation for th ecaction taken. Prior to any action taken, Gonaacibr shall have presented to the Customers) the
documentation of the Overage nd Ye latetl education materials In ordartce with Section 53.4. In the
documentation, Contractor shall also provide educational materials regarding Overage to the Customer.
Approximately sx (6) months Following delivery of a larger Containeq. delivery of additional Containers, or a
e Frequency, upon Customers request. Contractor will inspect the Customer's PYemises and
dere whether the change have adequately addressed the Customers Overage identify any change m
CVSYdmare's procedures and behavinrs, and determine whether Further adjustm anis are appropriate.
5.3.4 Contractor, shall place Overage Fee notices on overfilled Conialn¢r(s). Overage Fee notices shall provide
the following information to The Customer
o That Overage w observed and an Overage Fee w charged for the clew Nng up the Container area
nd/or pia ng Ov age aterial into the Collection vehicle:
o Thea nt of the Overage Fee that is being charged to The Customer
o That e erY subsequent instance of Overage with be charged an Overage Fea and subsequent incidents of
Overage may r ult in the delivery of additional or larger -sized Containers and/or additional Collection
frequency at a ea dditional cost to Cusmmer; and
o A phone number In case the customer has any questions.
Thea a Inform anon may also be provided to. the Customer either electronically or through the mail either In
conjunction with [he Billing cycle or as a separate notice. -
53.6 Contractor will m intain a log listing all Customers where Overage was observed, and actions taken i
espouse by Contractor, including education and outreach efforts, which shall be maintained for review by the City
upon Yeq uest.
5 3J All n w Customers will be provided noti re, either electronically or through the mall either in onJunction
with the willing cycle o separate notice, information regarding Overage Fees and Contractor's right tq charge
for identi Fied instanresroP Overage and Contractor's responsibilities as outlined in this Section.
5.4 Prohl tilted Container Contaminants.
5:4.1 Upon identiflcatlon o£ a Container wKh Prohib Ked Contairver Contaminants, Contractor shall provide
cusromer with three contamination warning rvotices and issue contamination fees as outlined in this Section 5.4.
5.4.2 Where Contractor determines there to be continued contamination of Containers, on the third issuance of
a Contamination Warning Notice for contamination itlentified in a Solid Waste, Recyclable Materials, or Organic
city of wtaxaaero / usw waste of calrtar.,ia, i..�_
Amended and Restated solid Wastes COIIecTion Franchise Agreemen[
waste container, contractor will:
A. Provide Custom ar with Contamination Fe¢ Notice a utlinetl in SEctlon 5.4.8; and
B. Contractor will c nduct outreach and education efforts with Customer [o determine the source of
gntaminaV on and offer right -sizing of all waste streams; and
G Contractor will charge the Customer a Contamination Fee in the amount se[ forth in Exhibit A; and
O_ Goniracior may refuse to Collect Containers with Prohibited Container Gontaminanis, or Contractor mat
Bled [o Collect the Co mainer(s) and charge the Customer both the Contamination Fee and a Container
PIcK up tea as set forth iF Exhibit A.
5.4.3 Every instance ofi Prohibited Container Gvntaminants v nd aRer the fourth instance in any Solid Waste,
RecYcla ble Materials or Organic Materials Containers will tie subject to a Contaminatlon Fee as set forth in Exhitiit
A
5.4:4 Contra ckor will document the contamination zh rough the use offilm or digital photography_
5.4.5 Where such evidence of contaminaLon Is presented to the Cusibmer, and Contractor documents th rev (3)
ocher instance of a ntamination within o e (1) Yaar of any Instance, in addition m those actions outlined
n Section S.a.2, Cpntra c'tor ie au[h orized to deliver the next larger -sized Contalneq deliver additional Containersm
the Customer, and/or ir. a Frequency, ad)usting the s rvlce rate a ortl inglV io msec then etls of the
Cu siom er with respect for properrerycling and disposal. Contractor will take only that action which is nable
hd dry to c nteract future instances of contamination and will document such action, including the
)ustifi atlon for the action taken.
Ap proximately s x (6) months following delivery of a larger Con[alner, delivery of additional Containers, and/vr a
e frequency, upon Customers request, Contractor will inspece the Customer's Premises and
d et¢rm�n¢ wh¢th ar The changes have adequately addressed iha Customer 5 e nTamination, id entlfy any
changes in Customer`s procedures and behaviors, and determine whether further ad]ustmenis a appropria re.
5.4.6 Contractor, shall place Cvntaminaiion Warning Notices on Contaminated Containers) and deliver notice by
mach email, or text message. Such Contamination Warning Notices shall provide the following information to the
Cus[om en
What materials areand are not to be placetl in Containers;
That ubseq uent ncidem of ontamination may ult n-Cvltection, the mpgsition vF
v Con[amin anon Fee, and, where w ran[ed, requiring additionalnor larger -sized Containers or additional
collection frequency at an ad tlitional cost to customer; and
o A phone number In case the Customer has any questions.
The s nform anon may also be provitletl to the Customer either electronically or through xhe mail either In
conjunct on wtth the Billing cycle or as a separate notice.
5.4J Contractor shall place Contamination Fee Notices on the contaminated Container(s). Contamination Fee
N otibes shall provide the following information to the Customer.
o Ther n for a Contamination Fee was because the c ntenis c uld not be fiecycled or processed due to:
a The presence of Prohibited container contaminants In the container; o
In the c of contamination in Containers, the continued presence of Prohibited :Cori[ainar
Co n[aminanis. after r ceiving aContamination Warning Notice on previbus pickups;
o The amount of the Contamination Fee [hat is being charged to the Customer;
Seotem ber 1. 2023 Pace 21
Cixy of Atascader0 / u5A Waste Of ealifornfa, Inc -
Amended and Restated SOlid Waste COIIeCTIOn Fran Chise Agree Tent
o what mater els a rid are not t0 be placed In the Solid Waste, Recyclable Materials, and/or Organic
MaT¢ri els Contain¢rsa
O That a ubsequent Incident of contamination may r ult I n -Collection, the c nbnued impos Rion Of a
Contamination Fee, and, where w Head, requiring addlt-oral or larger -sized containers or addllional
Collection frequ cy ata additio al cost To CusTomer, and
o A phone numb¢r in case [he CusTom ar has any questions -
The s nFormation may also be provided to the Customer ¢itb¢r ¢lectrp mcally or through the mail either in
c njunct on with the Billing cycle or as eparate notice.
5.4.9 Contractor will m main a log ❑sLng all Customers where Prohibited Container Contaminants w observed and
oti ces issued by Contractor In accordance with this Section 5.4, which shall be made available For review by the City upon
request
S.5 Operations
5.5.1 Schedules
To preserve peace and quiet, no Oisca rd ed Materials shall be Collected From o within two -hundred (200) feet of
Resitlential Premises beTween 5:00 P. M. rid 6.-00 A.M. o any daY� Residential Oiscardcd Materials shall be
Collected, MontlaY through Frlda V- F_xcept as otherwise provided in this Ag teem enq Residential Customers shall have
their Oisca rd ¢d Materials coll¢ct¢d on ebe s ¢day of each w ek. Theo eptbn is t -he Contractor may elect
to Co11ecT motor oil and firers with a spa eats v¢bicl¢ u ng a - all prog a Wben the egula rlY scb eduled
Collection day falls o a Holiday, Collection shall to K¢ plat¢ on the Following r¢gula rly scbedul¢d Collection tlay- In
the e nt the Contractor m s the Collection of properly set out Solid Waste, Recyclables, or Organic Materials,
the Contractor shall Collect the missed picKu ps within one (1) Business Oay of notification.
ss.z vehicles
A. General. Contractor shall provide a fleet of Collecxion vehicles Buff tient inn tuber and capacity [o perform
the work required by eMs Agreement and i smite a ordance with Its terms. Contractor shall have available on
Collection days sufflclent back-up vehicles vn order to respond to Complaints antl emergencl es.
B. Specifications. All v¢hicles usetl by Contractor in providing Solid Waste, RacYclabl¢ Materials, and Organic
Materials Collection s rider this Agr¢am¢nt shall c mply wish all F¢d era 1, State, and local requirements for
uch vehicles as th¢y now' ezisT or may ba am¢n detl in The Fuotu re, Including all applicable air emissions requirements,
rid shall be registered with the California UepartmenT of Motor Vehicles; provid¢d, howeveq that in the a nt
Applicable Law requires electronification ofi Contractor's vehicles, Contractor may request a rate ad)ustm ent i
orda rice with the procedure set forth in Section 8.4_ All s ch vehicles shall be designed to prevent leakage,
spillage, o erfilow. All s ch vehicles shall c mply with USV Environmental Protection Agency n
egulations and other applicable n ntrol regulations_ Contractor's flee[ c ntly utilizes CNG/RNGS Upon' s oh
Sime a Renewable Gas as defined in Seoatlon 14 CCR Section 15982(62) i ally a ailable in the City {or u
by Contractor I its p¢rformance of this Agreement, Contractor shall u ally r able efforts To utilize
Renewable Gasni orda rice with Section 6.6(A). In the e nt [hat Renewable Gas'is otea ally a aila ble For
n the Ciiy, but Is ally a ailable in San Luis Obispo County, Contractor shall u ally r able
efforts to Fuel all Collecotion vehicles u ng such Renewable Gas in ordance with this Section, provided th atsif there
ny Financial or logistical impacts to Contractor's provision of cs rider this AgreemenT, Contractor may
request a rate adjustm enT in accordance with the procedure set forth in Section 8.4.
E33tS% tom. s - _ -
city of Aiascaaerp / usA waste of eagfor.,:a, Inc
Amended antl Restated Solitl Waste Collection Franchise Agreement
c. common
1) CdntraRor shall maintain all of its properti¢s, Facilities, and equipment used In proVlding service andel This
Agreem ant in a safe, neat, clean and operable condition at all times_
2) Contractor shall inspect each vehicle daily toe a that all equipm en[ is operaLng properly. Vehicles which are
riot operating properly and represent a safety hazard shall be taken out of s until they a repaired and do
operate pro perly and safely Contractor shall perform all scheduled maintenance fu ncttons in orda rice wish [he
ufac[u rer's speclFlca[lons and schedule. Contractor shall keep a rate r ords of all veh cle mal ntenance,
recorded according io date and mileage and shall make such records available to City upon request.
3) Contractor shall repair, o nge for the repair oF, all of its vehicles and equipment For which repairs a eedetl
because of acddent, breakdown or env other causes s xo maintain all equipment in a safe and operable condition.
Contractor Shall maintain a raker ords of repair, which shall include the tlate/mileage, nature of repair and the
signature of a maintenance supervisor that the repair has been properly performed.
4) Contractor shall a ange all vehicles and other eq Wpm ent in safe and secure loeatton(s) In accordance with all
applicable moving regulations
O. Vehicle ItlenHflcatlon. Each truckshall display. in a prominent place, a sign Identifying the Contractor,
approved by [he City.
E. Operation. Vehicles shall be operaxed i mplia rice with the California Vehicle Code, and all applicable
safety and local ordinances- Contractor shall not load vehicles. In ¢xcess of the man ufacw rer's recommendations or
limitations imposed by State or local weight restrictions on vehicles.
5.5.3 Oiscardetl Materials Containers
A. Collection Containers
1. Single -Family Containers. Contractor shall supply up to 400 Single Family Dwelling Units with a 19 -gallon
Container for Solid Waste. Contracmr shall supply all other Single -Family dwelling Units with a 32-, 64-, or 96 -gallon
Container for Solid Waste. The monthly s rvice fee for each s e Container is shown in Exhibit A. In addition, each
Srngle-Family Dwelling Unit will r e from Contractor a 96 -gallon Container fpr all Recyclable Materials and a 96 -
gallon Container for Organc Male �als. If req uesied by Customer, Contractor shall provide to the Customer either
a 32 -gallon o a 6a -gallon Recyclable Materials and/or Orga Nc Materials Containeq however the default Container
srze unless requested otherwise shall be 96 -gallons.
2 Multi -Family and Commercial Containers.. Contractorsh�ll supply each MUIH-Family Customeq Commercial
Customer, r governmental agency with appropriately sized Co ntalners for Solid Waste, -separated
Recycle tiles antl Organic Materials Collection. Contractoragrees to provide atldi[ional Containers as requested, by
all Persons at the rates as shown on Exhibit A.
3. Kttchen Palls
CONTRACTOR will be responsible for disrribu[lon of kitchen pails provided by City's Third -Party Designee to Single-
Fami1Y and Multi -Family Customers, upon request, from Contractor s office. The CifY. or its Third -Party 9esign ee,
shall restock Contractor inventories at local offices for distribution to residents who need a replacement.
8. Container Colors
City of Atascatlero /USA Waste of Ca114orhia, Inc_
Amended and Res[a[ed Solid Waste Collectlon Franchise Agreement
For both ftesideniial and commercial Customers, all Containers (including bodies and lids, a applicable) shall
onform to the color requirements of 14 CCR Section 289H4J, and the Containers shall be replaced in accvrda rice
with [he req uirem ents of and timeframes set forth In 14 CCR Section 18984.7.
G Container Labels
Contractor shall label n w Container bodies or lids with graphic images Thai indicate The primary materia is accepted
rid the primary mater els prohibited in that Container i ordance with 14 CCR Section 18984.8. Labels shall
cle rly indicate items that a e Prohibited Container Contaminants fore ch Container. Containers shall be replaced
In accordance with the requirements of and timeframes set forth in 14 CCR Section 18984J.
In the a eM that Contractor changes the labels included on contain ers after the Effecdye �aie, Contractor shall
ubmit-a sample of lis proposed label, proposed locations) for placement of labels. o ach tyP eof Container, and
itslabeling plan to the city yr Its tlesgn ee for apprdyal.
o_ ocher
The fee schedule for premium or additional services is shown on exhibit A
City and Contracts ckn wledge that from time to Time, a Customer may da age r destroy a conte city and
Contractor also .acknowledge that from time to time Containers may be stOlenfrvm the curb or damaged due to
mal u The fee schedule to replace lost or damaged Containers i shown on Exhibit A. All replacement
Containerses hall comply with the color and labeling requirements set forth in this Section.
Containers damaged .due to lack of reasonable c e by the customer, or Containers damaged by graffiti may be
replaced by GontracToq the fee for which shall be the same as for lost or damaged Containers a set forth bn Exhibit
A Contractor may recover Containers used by Customers for other than their intended purpose.
Upon expiration arty termination of Agreement, city may purchase all of Contractor's Containers .and
Compactors put Into service at Customer Premises during the Term of the Agreement at a fair price to be agreed
upon by City and Cogtra rtor.
S.5.4 Litter Abatement
convector shall u e due c eto present Discarded Materials. from being spilled o tattered during the Collection
r Tra nsporTatlon prvicess.a if any Discarded Mate rtalsa spilled during C011ecUonr Contractor shall promptly clean
up all spilled materials. Each collection vehicle shall carry a broom, shovel and oil spill kit aTall times for this purpose.
5.5.5 Personnel
A. General contractor shall furnish such qualified drivers, mechanical, supervisory, clerical, and other personnel a
may ben Bary io protide s required by this Agreement in a safe and efficient manner- If the City adopts
a living wage ordlna rice; the contractor agrees to Yolunta. rily comply with the ordinance.
B. Itlentlflcatlon. Contractor shall ensure that while on duty each Collection worker w rs a clean uniform That
displays the contractor's company name and the worker's name or identification. numbers. a
G Fees ffi Gratuities. Contractor shall not, nor shall tt permit ant agent, employee, or Subcontractors employed by
it to request, solicit, demand, o cepa either directly or indirectly ant c mpensation or gratuity for any services
performed under this Agreem eni excep[as provided in Article S of this Ag Bement.
b O Pace 24
Gty of Atascadero /USA WaSie of Callfgrnia. Inc.
Amended and Restatetl solid Waste Callegtion Franchise Agreement
U. Training. All tlrlvers shall be iralnetl and qualified in the operation of vehicles they operate and must possess a
valid bcense, of the appropriate class, Issued by khe California Department of Motor Vehicles.
Contractor shall provide adeq uaiebperatlons, health and safeTY Training, and Hazardous Waste identification and
handling training for all of its employees who use or operate. equipment or who are otherwise directly involved in
Collection or other related operations.
E Customer Courtesy. Contractor shall train its employees in Cus[o mer c urtesy, shall prohibit the u of loud o
profane language, and shall instruct Collection c s to perform the wook quleTly_ Contractor shall u iTs best.
efforts toe a that all employees present a neat appearance and c nduci themselves In a ur[eous m If
any em plovee ris found to be discourteous o of to be performing s -n the m required by chis
Agreemenq Contractor shall take all necessary c active m If <tty has notified Contractor of a Complaint
related to discourteous o mproper behavloL Contractor willrs sfgmthe employee to duties not entailing contact
with the public while Contractor Is pursuing its investigation and corrective action process.
5.6 disposal Requirements For Solid Waste
A Contractor shall deliver for disposal all Solid Waste Collected un jar this AgreemenT to the Approved
Disposal Facility at Contractor's o expense and in a cordo nee with all Federal, State and local laws, rules, and
regulations. Contractor hereby agrees io Dispose of or deliver for disposal all of the Solid Waste Collected pursuant
to this Agreement i uch m may be r ably designated by City. As of the effective date of this
Agreement, the CiTy has entered Into a agreement wKh Chicago Grade Landfill Inc. to dispose of Solid Waste
Collected by the Contractor From the City- TheContra ctor is directed to take all Solid Waste Collected In the City
To Chicago Grade Landfill until such time as the City may direct otherwise.
B. If Contractor receives notice from the landfill operator or Recyclables processor or otherwise finds, during
[he Term of the Agreem enq to be prevented From delivering Solid Waste to the Approved Disposal Facility,
Contractor sFtall Immediately notify, i riting, the CITY Manager, and City"s Third -Party Designee staring the
n(s) Contractor is prevented, or expects to be prevented, from delivering Solid Waste at the designated fa cilftY.
Contractor shall expeditiously Identify and evaluate alternative sites. An al[ern alive designated site or sixes shal I be
arranged for and secured by Contractor.
G The Parties understand and agree that City intends to c and participate In este Diversion and
resource recovery programs pursuant to r¢gional and/or local implementation o{qg 939", AB 341, AB 1826, 5B 1383,
uch other programs as may be established by City- In the evenTthat CttY implements rtew or additional Diversion
very programs that modify Co ntra ctor's o bligations and er this.AgreemenQ Contractor may req Uest
a rate adjustment in accordance with the procedure sat forth in Section 5.4.
D. ConTracTor shall deliver all Solid Waste to the Approved Disposal Facility. and shall pay The San Luis.Obispo
COU nTy AB 939 Tipping Fee Surcharge and Washe Management Program Fund F¢¢, pursuant to County Resolution
No. 90-383, it applioa ble to the Approved Disposal Facility. If The City allows Contractpr to Use an ahem atWeFacility
or directs ConTractor to u n Appro ed Dispo al FaciliTY that does not collect tFie Coun[Y Tipping Fe¢ SU rcharge
nd Waste Manage nt P ogram Fund Fe ,the Contractor will make, o ntMY ba .the equ alent paym nt
direRly to the County's Waste Ma age nt 'tipping Fe - AB 939 Trust F � d #01596 nd waste Manage nt
Tipping Fee Trust -Site Fund # 016On Contractor may request a rate adjustment in a orda nee with the procedure
set forth in Section S.4 to a unt for changed and additional Fees Incurred by Contractor resulting from or anvng
outof any such change in the Approved Disposal Facility_
City of Atascadero /USA waste of Ca Gfornia, Inc.
Amendetl and Restatetl Solid Waste Collection Franchise Agreement
E. Payment of the equivalent fees shall be made to County within thirty (30) days after the end of each
calendar month, or prorated portion thereof, in which the Contractor delivers waste to a alternate FacilIDY� In the
ent that Payment is not r ved by County within thirty (30) days after the date specif ed, then Contractor shall
pay a penalty of ten percent (10%) on the outstanding balance, and Contractor shall also pay to County interest o
the outstanding bola ata ate of ten pe nt (10%) per annum, or the maximum legal rate of interest, whichever
rs greateq from the data pF Co nTracto� s failure to paY�
F. As of the EfFective Uate, the Tipping Fez Surcharge for Fund # 0159 is $3.00 per Ton and the Waste
Management Program Fund Fee for FvnC p 0160 is $0.40 per Ton. PaVmants made by the Contractor shall be s nt
to Che County Franchise Coordinator along with a ite ed state nt regarding how the paYm ent was calculated_
GOntraCt O� s rates shall be adjusted to reflect any futu reZchanges rn the amount of [hese fees.
G. Contra Gtor May propose, and the City may c sitler Other Processing and Disposal aleern atives_ In [he a nt
a diffe nt m of or location For Processing or 0 spo al i elected by the City, then Contractor may request a
rate atljus[men[ i Dido rico with the procedure set fo rthsin Section 8-a to reflece any i r decrease i
Disposal or Pro<essingGfaes, which atljustment shall be efFecYlve at the Ylme the n w designated manner o4 Disposal
or Processing begins GtY and Co nira ctor will riot unreasona blY deny any such adjustment
5.7 Cleaning Commercial Bins
Contractor shall steam clean and refurbish all Commercial Bins at Conti -actor's o expense up Coo a per year
upon req uast Custom ars desiring n e fr¢qu¢nT cleaning may a nge additional cleaning wHh COn Vector ae a
rate este blish etl by City, including pick -u p, cleary ng, and replacement of du mpster.
5.8 Clean -Up Events
A. Clean -Up Weeks Each Year throughout [he Term of this Agreement, Contractor shall hol 1 Two ""Clean -Up
Weeks,' held Fo n (]) c utive days From SaturtlaY to Saturday in Aprll and October of e ch ye ch
ocher dine as Contractor may5e ably determine. Contracto shall, uPo eq uest, provide a cM1 Residential
Customer with (1) cle -upa cM1e To equest cher rid participate the Cle n -Up Week, the
Residential Customer will contact Contractor's rlocal offine and pick-up the v ucher at Che local office. These
uchers will allow each Customer The ability to bring up to two (2) cubm yards of Solid waste u -ng Cheir personal
vehicle p¢r voucher at n ost to the ApProvcd Disposal Facility during tM1e applica bl¢ Clean -Up Week- TFte voucher
must be presented upon entrance into the facility.
H_ Shredding Evans Once per calendar yoar ecdon with [he April Clean -Up We¢k, Contractor shall provide
document sM1 reddmg s s to R¢sidan Lal Customers at the Approved Disposal Facility. Custom ¢rs shall provide
proof of reside cY and arny other documents, information, or identification reasonably req vested by Contractor_
C Annual Veg¢tation Management and Waterway Clean -Up. Each year th rougFro ut tM1e Term of this Agrasm¢nL
Contractor shall provide and collets up to tMrtY (30) 40 cubic va rd Roll -Offs for vegetation agement and
ate rway clean-up efforts LocaLons for the delivery and collection of the c niainers will be detarmin¢tl by the
Public Works Uir ctor or tM1eir design _ Tho Contracto shall provide documentation, upon request by the City,
the dates and times of tM1e service and amount of disposed materials.
U_ Public OutreacM1_ In partnership with the Ciiy, Contractor shall preps elated public edu anon materials for the
Cle n -Up Weeks/v the progra rid the shredding nt described this Sectionc S. S, rid nge fo
publication or broad asTing of such materials Contracto shall pay all advertis ng c sts related the eto. Advertising
should be done in the local n wspa per and/or radio sta[lon(s), on the ConCra c[or'sowebsite, tb ro ugh direct mailing
to Customers, and provided to the Gty for posting on the CRY s website and social media accounts.
Se otember 1. 2023 Paee 26
cixy of Axascaaero / usn waste of cartornia, Inc.
Amended and Rasxatad soba wash cit ua�tinn Franchise Agreement
5.9 Exterior Solid Waste Go ntainer, Recyclable Materials and Organic Materials Container Service=_ at
Public Facilities
The Co ntira trot will provide Collection of Solid Waste, ftecycla ble Materials and Organic Mat rials Containers a
isfing public facilities a abed and described at the s e levels a et forth on Exhibit B. Ona al basist
tihe City will provide+ th en Contactor a updated list of Solid waste, Recyclable Materials and OrganicnMate rials
Containers at City Facilities. In n nsta nee will the r tuber of Public Facilities utilizing Solid Waste, ftcccyd able
Materials and Organic Materials Containers e eed the n »bet of facilities Ilsied on Exhibit 6, unless otherwise
agreed upon by both parties. Should then tuber of facilifles o e levels a eed those set forth on Exhibit B,
then GtV shall pay for such In sed s a[ the rare(s) set forth on Exhibit A%Altern a6vely, Convector and Clty
mat meet and confer i � good faith to nelgotiate a change in Che Terms to compensate Contractor for additional
costs arising out of the increased services -
City will allow Contracior to stor¢ a limited n tube=r of Roll -Offs at the City's Corporation Yard- The Public Works
Oir trot will designate a of the Corpo anon Yard to b¢ u ad for Roll -Off sto age by Co cto rid aY
eyuirc Co ntracfor [o install perimeter fencing, Rates, and other site improvements forrthe designated storage a
at Co ntra cto r'S expense, prior Yo Contractor u of the storage a TFre Contractor will n intain tM1e ROIIrOtF
storage area, including weeding, fence and gate repairs, drainage corrections, and resu rfacing,a
5.30 Exterior Solid Waste, Recyclable Materials antl Organic Materials Container Service in Public
Areas
The Contactor will provide Collm+ction of Solid Waste, Recyclable Materials and Organic Materials Receptacl¢s i
Public Areas enumerated and described at the s e levels set forth on Exhibit G Ona al basis, the City will
provide the Contractor a updated IIST of Solid Waste, Recyclable Materials and Organic Materials Receptacles In
Public Areas. Notwithstanding the foregoing, i nsta rice will then tuber of Solid Waste, Recyclable Materials
rid Organic Materials Receptacles a eed 150 Containers Should the n tuber o! Contiain a levels
ed those set forth on exhibit C, then City shall pay for such in sed s at the rate(5) set forth on Exhibit
Axand a adjusted i order rice with Chis Agreement. AltemaLlvelY�Con[ acto�sand GtY mat meee and confer i
good faitM1 to negotiateca change in the terms to compensate Contractor For additional costs ens ng out of the
increased sei vices.
For the purposes of ibis Section, fteceptad es m nY City o ed c ntainer at the fined locations
designated on ExFribii C, e ch having a apacity oP approximately s ztY-five (65) gallons used for collection and
storing of Solid Waste, Recyclable Mate -rials, and Organic Material
5.11 Street Litter Removal and Sweeping Services
The Contractor shall provide stn=et s eying s all str¢e=_ts ¢ rat¢d and described on Exhibit O- In n
stance will tM1e length of street c nt¢r-lin¢ miles to � streets aping s ed 10.2 miles for rho
streets r ng w ek1Y s rid 3J miles for those srt eels r ang m ntblycs The Contractor sball
provide streets aping s scheduled on Lzbibit O_ lbe street s eying service shall I dude vacuum, rotary
brusb s aping and disposal of materials for all streets listed on Exhibit �_ Sbould th¢ I¢velnoF Sweeping Services
ed the levels set FortM1 on Exhibit �, tM1en Contracior may request a rate adjustment in accordance with the
p rocedue set forth in Section g. a. '
The Contractor shall re=quest from its su bcontra c[or providing stet s aping s nthly eports of str¢¢t
litter r al ands ¢pings rid arta Ke=n by The su bcontractoq including ar¢as serer ¢d, The dates and Time=s
of the servme and amount of disposed materials.
City of AfaScatl¢ro /USA Waste of Californla� Inc.
Amended and Restated Solid Waste Coil¢ction Franchise Agreement
5.12 Bio -Solids Transportation to Landfill
Once per year and upon request by the City, the Contractor shall supply a urcable Roll -Off Bin for u e by City
Wastewater pivision to deposit dried bio -solids ready for Transport to ChicagosG rade LandflL The Contractor shall
also Transport the material m the landfill o e per year (approximately 250 tons per Year). Transport shall 0
a period of not more than 2 weeks and shall o r during regular City business hours_ There will be no per Ton
landfill charge from CM cago Grade Landfill to the Contractor.
5.13 Tragi and Vegetation Clearance in Public Rights -of -Way
Contractor drivers shall dbey all traffic laws. and shall not a ach into opposing travel lanes. Contractor will
provide for [he clearance of trees and vegetation in public rights of -way that obstruct the passage of Contractor's
Collection vehicles within ih etravel lane. Upon City's request, Contractor agrees to provide tree tramming services
where r ably req uir¢d To allow for safe and u obstructed passage of Contractor's Golleciion vehicles, such a
ng low hanging branches and o ergrown roadside vegeta[ion that prove rat passage of Collection vehicles, at
additional cost to the City up [o a ulative valu¢ of $120,000.00 o r [ha Term. Contractor shall a m to expend
approximately 10%vf s ch a rat per Raie Year. Contractor shall hir a qualified prole al to provides ch Tree
trimming services. 5u ch qualified professional shall perform all work within the City RighC of Way in mplia rice with
all traffic safety standards and Gity regulations. The Contra ctor shall c ordinate tree and vegetation olearance work
with the Public Works �trector and rile qualified professional shall obtain a ach merit permiq if required. All
processing and handling of tree and vegetation mater al by Contractor o ant thlord Party on behalf of contractor,
shall be i onform ante with all rules and regulations of the City and compliant with the requirements of chis
agreement and 56 1383.
In accordance with the terms of contractor's agreement with its subcontractor providing s rider th5s
SecLon, upon Cliy's request, Contractor shall request from its subcontractor reports of tree and vegetatlbn
clearances undertaken by the su bconiracto r, Including areas secv�ced, the dates and times of the service
.and provide the report to the City.
5.14 Material Processing
5.14.1 R¢cel pt of Rerydabl¢ Materials and Orga nlc Materials
The Contractor shall have In place or have made a ngem ents for an Approved Processing Fa cllity or Facilities To
recave and accept all dellve rl es of Recyclable Materials and Organic Materials generated and Gollec<ed in the Ciry.
5.14_2 Status 'of Approyed Processing Facilities
As of the Effective Date, all Facilities used by Contractor under this Agreement are third -party faclliiies that a not
ed o operated by Contractor. As such, Contractor shall u ally r onable efforts to verify that the
Approved Processing Facilities have all permits from Federal, Stateoregional, county and City agencies necessary for
it to operate ase Processing Facility.
Con tra aor shall u Tally reasonable effo ris to verify that rile Approved Processing Facilities are authorized
to a epq under its a �sTing perm K, and has sufficient u mitred capacity to a epp all ftecYclable Materials
rid/or Organic Materials delivered to it by, or on behalf of, Contractor during Contractor's performance of its
obligations under this Agreement for the Term. Contractor shall i ediately noVfy Gty of any noLce pf breach o
default received from,an Approved Processing Facility in ehe event that Contractor receives notice of such breach or
5¢otem b¢r 1 2023
28
cxy of Atascaaero / VSA waste of ea rfornia, Inc.
Amended and Restated solid waste cnue�non Fra nehise Agreement
default from such thirtl-party facility_
5.14.3 Alternative Processing Facility
If Con VacTor becomes u able to deliver the City's ftecYclabl¢ Materials or Organic Materials Co The Approved
Processing Fa cility(ies), due to a - tit that meets the requiram enTs fore ng Con Vac[or from perform ante of
tMs specific obligation as described In Section 124, Contractor shall u n Alternative Processing/Tra nsfer/0isposal
FaciliiV Provided Thai the Contracmr provides written nonce to City Manages Witih respect to Facilities o ad o
operated by Contfactor, within farcy -eight (48) hours of a ergenry o udden and unforeseen closure (ow In the
of facilitles not o ed o operated by Contractor, within forty-eight (48) hours of r ng nonce of such
ergen cY o udden a nforeseen closure), the Contractor shall provitle a written tlescnption'oT the r s the
of the Appro ed Facility of fe sible rid The pe od of time Conf ra ctor propo s to ¢ the Alteornative
Pro ng Facility- Such a change n Paocessing Fanlixy shall be Tempo rily permitted until s ch rime as the City
Manag¢r is able to c Sider antl respond to the u of the proposed alte native Processing Facility- If the u of the
propo ed Alternative Processing Facility i nncipatetl to o c[ually do ed thirty (30) days utive
twelve (12) m nth pe ori, The u of s ch Processing FaciliLY shall be ubJec[ to appro al by the City Manager. The
City Ma age ay, nrtheir sole disc retro n, approv¢, c nditio ally appro tempo rIIY appro r disa ppro of
the u - of the propo ed Alternative Processing Facility_ If the City disa ppro s the of Che propo ed AliernaTive
P rocessing FaciIIYY. [ha Parties shall meet and confier to determine an ac eptabl¢ Processing FaUli[y_s
IF the u of a alternative Processing Facility s due to within its Contracm r's, its Processing Facility
Subs retractor's, c ntrol and which c uld ha e be aided bvsthe e of du the Contractor shall pay
fo any i ed Tra sportation c Sts, ant diffe n the fees charged aT s ch ahem ative Processing Facility,
rid the fees [hen i effect under this Agreem ent elf Contractor s ina bilitY [o deliver fhe OtY's Recyclable MateN els
r Orga c Materials to [he applicable Appro ed Pro ng Fa Ulity i of due io within i6 c nCrol o which
ould ha a be aided by the a of due c cthen Contract r shall propo alternaCive Processing Fan[lties
luding all related costs and Citvxshall ha a the r6ht to appro e the alternative Processing Facility to be ed. The
GCY shall pat Contractor for the Increased cosi of u ng a alternative Facility, if applicable- In the a entsthat the
change in the Processing Facility r ults i ed costs, City may identify and direct Contractor to a alternative
Processing Facility, at the Contractor s expense, which results in less cost than the Contractor -identified alternative_
534.4 Other Maierlals.
If the Ci[y requires CSD Collection to be added to th¢ scope of services under this Agraameni, as provided for under
Section 4.1, [be Contractor sball i'ra nsport CSU Gollacted [o an Ap prov¢d CffiO Processing Facility and Process such
matari al in accordance with Applicable Law_
5.14.5 Disposition of Excludetl Waste
It nderstood that the Contractor i o[ authorized rid of equ ed he rider to Collect and Tra sport
Excluded Waste o stricted o other w Ste that i of a eptabl¢ or pe mitre Jrfor Oispo al at a Transfer Station,
Approved Pro ng Facility, r Oispo al siie_ In addition, Contractor shallrn of be r¢qu ed to Collect Containers that
of set oui or filled i orda rice with, or tlo of m et Contractor's Colleen on requirements. R¢ga rdle of the
whe nY Solitl waste, Recyclable Material o other material i of Collectetl by Contracio Contractor shall
le a Yag onathe Container c retaining [he Excluded Waste stating the r s for Coniracto� s efusal [o Collect
[he s Atlequate r orris of The tags shall be ntainetl by Contractor and shall be ailable to the Ory for
sp Bction upo able notice during bu s h0 Ifi Contractor observes any wbsta rices which ii o is
mploYe es r ably belie sped to c ntaln Excluded Waste unlawfully Oispo ed of o ele ed i eportable
qu mines in the City, i eluding o rider o about City property, i eluding streets, a nts,ar ghis of way and
Gty Discarded Materials Containers, Contractor shallimmediamly notify the City of the same IF Contractor discovers
seotem ber 1 2023 Paee 29
City of A[a scatlero / IISA Wase of California, Inc.
Amended and Restated Solid Waste Collection Franchise Agree menT
Excluded Waste, otM1er material tM1at mat not be legally a epted, ng aterials tM1at it M1as advertently
epted, Contractor may eitM1er return s ch materials to the applicable Cuosto mer or �ispo of s cM1nw ste at its
xpe nd pursue all legal ngM1ts and remedies ii mat have againsT the Gcnc�rator(s) of su M1 Hazardous Waste,
if ihie Generato r(s) can be identifl ed.
r_�circi��7cyr:�a:��aca�rr.»:
6.1 Billing and Collection of Charges
Contractor shall be responsible for directly Billing and collecting cM1arges due from all Residential and Commercial
Customers at rates established by the Afire ni. Contractor shall bill ftesid ential Customers bi-monthly i adv
nd Co al Custom¢rs t nthlV i The Ci2Y shall approve the format of the bills s nt to c stom ¢rs
The Contractor may indicate any AB 939/56 1383 Reimbursement or other fees (other than franchise fees) as a
eparate line item on Customer Invoices.
Contractor sM1all be olely spo Bible fo ollecLing all delinqu nt charge eluding Late Fees, pursuant to a
oll¢ction method approved by City. City sM1all not be responsible for paying Contractor for Bald delinquent charges,
provldetl, howeveq Gty may, at its sole discretion, establish a method for Ciiy to collect said delinquent charges a
alto ed by la The Chy shall render reasonable cooperation, as requested by Contractor in its attempts to collect
delinquent accounts
6.2 Accounting
Contra ctor shall keep a cyst of books ntl a nts relating to Contlactof s performance of s nd er this
Agrc nt i orda nee with fie ally a epted a ming pnnci pl es and shall keep all records for aupenod of
ai leas[ three (3) years after the terrminationcoF tM1is Agreement.
Ciiy and its qualifl ed third party audito shall ha e the right to a ali r ords and nts Convactnr i
equ ed tom -Main under tM1is Afire nt relating to Contractor's performance of s nder this Afire nt
order toe a Con VacCoi s c mpl�an ce with the terms hereof ata utuallY agr¢arJYupo nutla[e and Lime and aC
Contractor's headquarters, upon at least Cwo (2) bu s days' once to Contractor; provided that The qualif ed
Third party uditors agree to able n -disclosure afire nT witrt ConTractnr fo protect Contractor's
p ropr etary, c nfidential, and trade s et inform anon and subject m Californa privacy righTs a equtred under
Applicabl¢ Law_ Such e nation shall o at a r able time agreed upon by tM1e parties notsless than t o (2)
business days" after City's notice do Cnn Vactoq Monday [hrougM1 Friday between the hours of 9'00 a ntl SOO
p.m. In the e nt tM1at Contractor r¢qu additiO nal Lima to preps ny r ords requested Fore anon by City
ntl its qualified Chird-party auditors, tM1e parties sM1all agree to a able time (or Co ntracto aTo prepay uch
ords. In the c n[ that Contractor requests a base year rater w pursuant to Section 83, and if requested by
City, a ertified public a ntanY selected by Contractor shall prepare at Contractor's expense autl¢ed staTem encs
oT Contractor's financial or ords o wed statements related [o [his Agreement Co n[ractor sM1all not be
regwred m provide such audit more than once per year. The scope of the audit shall be as selected by the City.
City r s the rigl'it to perform a ndepen dent audit at City's expense of Gon Vector's c mplia nee with the
Franchis¢rfee provisions of this Agreem enY. In Thee ent [M1 ere is a dlscrepa ncy of fiv¢ (5) perc¢not or mor¢ between
the City's audit and Contractor's actual payments, Contractor shall reimburse City For the cost of said audit.
6.3 Liaison with City
Contractor shall m main on -go ng liaison with City regarding all solid w stem ago nt activi Ties and env matters
relating to the performance of'tM1is Agreement, including Complaints a Such liaison includes but i of limited to
Contractor s atte ndancc at Gty Council meetings as requested by the City and at no extra cM1arge to the City.
Se olein bey 1 2023 pave 30
CIN of Alascadero /USA WasCe of CaliFornia� Inc -
Amended and Restated Solid Waste Collection Franchise Agreemen!
6.4 Complaints
Contractor shall m ihtain a ord of all written and verbal Complaints r vel, which shall be provided to City
upon request Said record shall contain at minimum Information as follows, su bJect ro cooperation from the public
A. Names, address, and telephone n tuber of complaining party;
6. Name, s address, and telephone number Kdifferent than above;
C. Oescription�of problem/Complaint and related dateand Vme if ap plicabfe;
�. Dater ed; and
E Date and des ription of Contractor's response and action taken.
Com plaints r vel from Customers or Gly shall be acted upon Immediately upon Contractor's r eipt of such
Cnm plaint and Contractor shall make every reasonable effort to resolve said Complafnts within onec(1) Business
Day of receipt
6.5 Office
Contractor shall m intain a office in the CKY of Atascadero ata Flzed location where Customers may by either
phone, c mputer o n -person pay bills. a nge fors nd file Com pl ain[s. Telephone n tubers shall be a
local call to r silents and businesses of the City. Contracto rshall at all times between 9:00 a nd SOO p. m.,
Monday through Friday, a cep[ Holidays, have qualified personnel with whom City and m tubers OF the public may
cats. wring all oth¢r hours, COntractOr shall have �eprese nTaHve, O -ng Sage
provid ng/receiving (voice mail) s ails ble to the public Contractor's offce and [efephone shall be open to
the public during normal business ho�uersav
6.6 Procurement of Recovered Organic Waste Products
A. Renewable Gas (RG) Vehicles. Upon such time as Renewabl etas as defined in Section 18982(62) fs c rcially
ailable in the City far use by Contractor in its performance of ibis Agreement, Contractor shall make a best effort
to power all Collection vehicles by Renewable Gas generated by a publicly -owned treatment works i sel
digestion Fanlity or powered by Renewable Gas that is purchased through a wheeling agreement with a party( es),
provided that the wheeling agreement is for purchase of gas derived from Organic Waste that has been Diverted
From a landfill and Proc¢ssed ata - sel digestion Facility that is permitted o otherwise autMoriied by Title 14
of CCR to r r Orga c Waste and a ets the rzqu nts of 1a CCR Sectio 18993-1(h). In the nt that
Renewable Gasvis pt c ally a ailable for u e In the City, but is tally a ailable in San Lu seObispo
County, Contractor shall u -ally reasonable efforts to fuel all Coll coon veh Iles u ng such Renewable
Gas i orda nce with this Section,rp reviled that Contractor is able to do so without any financial or logistical
impacts to Contractor's provivon of services under this Agr¢¢mant
Upon CKY s request, Con vacior shall obtain and provide the City with a written certification by a authorized
rep rese ntiative of the publicly -owned Veatmeni works or the wheeling agree mens party(ies) certifying that the in-
set digestion Facility produces the Renewable Gas utilized by Contractor In a ordance with this Section
Intent with the requlrem ants of 1a CCR Section 18993.1(h). Contractor shall m main r orris of thea unt
of Renewable Gas purchased and shall report this information in a ordance with ExhibK E� Ott' may report this
Renewable Gas usage toward the CItY s fulfilment of its annual re oVer¢d Organic Waste product procu r¢ment
Yarget in accordance with 14 CCR Section 18993.1. -
C. Bulk Compost. Contractor shall make a ailable [o City up io s x hundred and eighty-seven (687) cubic -yards of bulk
Compost per year foc (i) u n City"s parks and Facilities at n additional cosi to tha City;. or (II) glue -away events of
Compost made available For Customers at two (2) public e ants at a local c mposting Facility tletermined by
Contractor. Tho date and lime of s ch a nts shall be utually agreed upon by Contracto nd the City, nd may
be held in con)unctlon with other City -approved a ants. City will notify Contractor as to the City's needs for delivery
of such fi nisM ed Com pdsi th rougho uc the Agreem ant Yea r. Contractor shall deliver Compost with in five (5) Business
Oat's of a request of Gty to any a Bible location wKhin Clty limits at n atldittonal cost to CIlY. If GitY does not
to ke delivery of Compost made available by Contractor within thirty (30) calendar days of the end of [he Agreement
Year, Contractors obligation to deliver Compost for said Agreement Vear shall be deemed to be satisfied. Any of
Seotem tier 1 2023 Paee 31
City of Atascadero /USA Waste of California. Inc
Amend etl antl Restated Solid Waste Collection Fra ncbis¢ Agr¢<+ment
the six hundred and eighty-seven (687) cubic Yards bulk Compost allotm ent tbai is not req ues[ed by the CRy during
the Agre¢m¢nt Y¢ar shall not c rry o nto the nC@xY Agreement Vear. Upon request Contractor shall provide Gty
wish Compost lab alts and specifications. In the nt [hat City d¢siras to additional o alternative
rad organic waste products (as that term is defln¢d in 14 CCR Section 18982(a) (60)), the partes shall meet
nil confer regarding Contractor's provision of such r red organic waste products and Contractor may requesC
rata adJ ustment to c rope nsaR R for the provisioneof such additional s¢rvices in accordance with the procedure
set Forth in Section 8.a.
6.7 Education and Outreach
A. Program Objectlyes. The City. o its Third -Party Design shall be spo Bible For design ng, mple ming, and
nducting a public etl ucation nil outreach progra eThe City orrThirdnParty Design s public etlu anon nil
ou[re ch strategy shall focus o mpro ng Ge ator understanding of the benefits of and opportunities For s
ed actio n, Rc nil La ntlfill Dispo alVred act onr and supporting c mpliance wtth Applicable La nd regulations,
ncluding, butanol limited to SB 1383. The cu mulatrve intended effect of these efforts is to reduce each Gen era [or s
Solid Waste and, ultimately. Disposal of Solid Waste, and ConCra trot agrees to support and not underm in¢ or
mterfe re with such efforts.
B- Contractor Cooperation and Support for Gity Educational Efforts- Contractor acknowledges that [hey a e part of a
ulti-party effo rt to operate and educate the public about the regional integrated waste m nagement system. The
Contractor shall ope ate with nd shall of npedc, nTerfere, at[em pt to mpede o nterfere with the
mplc ntation, exppansion, o operation of publ � ¢d ucation and outreach progra mpaign nducied by
City o its Third -Party Designse. In The e ent that the City desires to tra nsfe rnperfo mance ofcthese public
ed ucatlon and ouLraach programs o mpaigns from City's Third -Party Designee to Contractor, the parties agree
to m et and c nter regarding a ndm¢nt to this Agre nt, rider which Contractor shall perfio ertain
egotia[ed public education ride utreach activities anile egotiated rates shall be adjusted to compensate
Contractor for such increased oblige Uons.
G Supple ntal Edu anon. Contractor shall obtain appro al from the City o all Contractor -provided public edu anon
a[�rials iC provides to Customers I ordance wi[hvthis Agr¢ nt The CitiV o i[5 Third -Party Daslgn eec have
the right to equ st that Contractor c elude City identific ationm nil ntact information o pubOc education
m atenals andrapproval of such requests shall not be unreasonably withheld.
D. Bill In errs. In the e nt that the City de s Contractor to i elude bill i errs i its billings (including e -billing) to
Customers, City shall notify and deliv r to Contractor bill i eras preps ed and printed by the G[y a[ lease thirty (30)
days before Gtv desires such bill i errs to be distributedsto Customers_ In the e ent that Contractor i nV
osts or tees in distributing s ch billsi errs, Contractor rosy request a rate adjustment for Bath increasedccosts in
accordance with the procedure set forth in Section S.4_
E_ Provision of Information For Annual Notice. Contractor shall support City s preparation of an a al mailer
thaC i eludes information specified in 14 CCR Section 1H9S 5.1 (a) by Providing information from reports
rid data Contractor is required tom main under this Agreement. Such mailer shall be distributed by City
r City's Third -Party Designee to all Residen Gal and Commercial mailing addresses i eluding individual
Multi -Family Dwelling units_ Contractor shall also make this notice available in an electronic format
through the Contractor's website.
6.8 Generator Waivers
A. Ge aL The G[Y, o its Third -Party Design ay grant w s described in this Section to Commercial or Multi-
FamilY Custom¢rs that impact the s ope of COrltfactpf's pro of s e For those Customers; provided, the
Customer shall c ntinue to subscribe with Contractor for fra chi �d Collections s to the extents ch s
of w ed by th¢ Gity. WaN¢rs i ed shall be abject to mplia with SBr1383 raqu n[s, pursu an't [o
14 CCR SacCion 18984.11, o oih er requirements specified by th¢ Cityn Contracto shall not be [he CTCV 5 designee
for the granting, reviewing, or verifying waivers issued by the City under this Secflon_
City of A[ascadero /USA Waste of California, lnc.
Am¢ndad and Restated Solid Waste Collection Franchise Agreement
Generator Waivers.
a. Oe MiNmis Waly .The City, o a Thir J -Party pesign ay w a Multi-Fam11Y s, Commercial Business',
its Owners obligation to c mplY with s all of The 8ou�ce Separatetl Recyclable Materia is and
OrgaNc Materials raquirem en[s set forth in iM1is Agreement, SR 1383 Regula tions, and Tiller 6, Chapter 4, of
the City Mu -cipal Code if [he MuITi-Family. Commercial Bu its Own¢r proviJzs tlocum antation,
or TM1e City, or its designee, has evidence demonstrating one of the Following de minlmis conditions_
�. l'M1e Multi-FamilY�s r Comm¢rUal Bu total Solid Waste Collection s s two (2) cubic
yards O e per weeK, and OrganicsMaterials subject to Collection c mprises less Shan twenty
(20) gallons per week, per applicable Container, of the Multi-Familys or CommerUal Business' total
waste, oq
n. The Multi -Family's r Commercial Business' total 5olld Waste Collection s- s less tM1an two (2)
ubic yards pe ek, rid Orga Materials subject to Collection c mprV s flc s than ten (10)
Ballo s per week, per applicable Container, of the Muln-Familys or COT mercial Business' total
waste.
b. Spa a Constraint Th¢ City, o its Thirtl-Party pesign ay w a Multi -Family s, Commercial Business',
its Owna� s obligation tore mply wish s Ball of the SOVrce Separa Cetl RecYclabla MaCeria is o
Orga c MaLenals Collection 5 equirem nts set FortM1 in this Agre nt, SR 1383 Reg Vlatio ns, antl/or
equ ed in the Municipal Code�in the event that the Customer qualifies for a space constraint waver
under the CITY s Municipal Code.
G Waiver Requests Customers may submit req uesTs For dem rid pM1ysical space w s co the CiLY o
its design IF a Customer submits a eques[ fora r to the Co ntracTor, Contractor sM1all refer the Custom¢r to
the City o its design LJpo equesi of the City, the Contractor shall support the City o its design n the w
w pro s by r ng r orris ntained by Contractor under this Agre nt and providing s ch requested
Custom¢r informalion, stub]ect io Applicable Law regarding data s ritY and privacy, including Th¢ California
Consumer Protection PrWacy Acc of 2018 (CFv. Cade, 4 1798.100 et. saqu). IF The CiTy or its designee granas a
[o a Custom eq tM1e Ci[y o its design e shall notify tM1e Contractor and Contractor shall update TM1e Custonai els
Information and Service Level.
ARTICLE 7. PAYMENTS TO CITY
7.1 Franchise Fee
Cn ntractor shall pay to City a franchise fee, payable monTM1ly o r before the last Business eery of The Following
nth. Contractor shall provide To City with e ch m nthly franchise fee paYm nt a statem enT of Gro s Re
Collected by Contractor during the previous monih.oThe initial amount of the franchise fee shall bas10%vOF the
Gross Ra..anuas cou acted.
Contractor sM1all pay a late charge of five (5) pe nT pe nth o all franchise fees that a o[ paid within thirty
(30) days of th¢ date du¢_ Th¢ Parties agree that sue hr la Ce charges represent a Fair esTlmaTa of tM1e City s added
adminls[rative expenses caused by such delinquent payments.
Tha fro nChlse fee, [OgeCh er with OYher c sideration provided by Contractor (e.g_ COIIPC[ion aT pUb11C faUlltles
pV nt Cos ctlons 5.9 arld 5.10, pro Of SVeet s aping pursuant to s ctlon 5.11, Collection and transport
of bio- olids pu nt to s coon 5-12,I pro of bVlk c copes[ (o oThero ed Orga ste products)
pursuant to Sect on 6.6, and support of Gityled ucation antl outreach i ord ante with SocCion 6J(B). ), Lls tM1e
product of extensive egotianons between Gity rid Contractor to a that the slde anon provided by
Contractor represents City and Contractor's determination of the fair markeC value of the valuerof the Franchise.
Seot¢m bar 1 2023 Paee 33
City of Aiascad¢ro /USA Wasi¢ of Califprnia� inc.
Amen detl and Restated solid Waste Collection Franchise Agreement
7.2 SB 1383/AB 939 Reimbursement
If req uestetl by City not less than three (3) months prior. to start of the billing period in which the fee w uld be'
ollected by Contractor, Contractor shall pay an AB 939/56 1383 Relmbursem¢nt. The amount of the AB 939/58
1383 Reimbursement shall ba (5� per year and shall be paid in equal monthly installments, paid
upon r ei pt by Contractor from Customers. Th¢ City shall u e the AB 939/56 1383 Reimbursement
xclus vely to refund expenses a ng oqt of Implementation and enfo fcem¢nt of AB 939/58 Y383 req ulrem ants
nclutling, but not limited to, staffing costs related to City Programs, pilot studies, ed ucatlon and outreach
m paigns, technical ista nce tv Custom ars, reporting, c mplia nce, capacity planning, provision of special
Containers, o ptYter activities i olved i mpliance with AB 939' and/or 56 1353_ Th¢ City shall r¢tain the sole
right to set priorRies for [he use of ICs AB 939/56 1383 Fee. The AB 939/58.1383 Fee is apass-through cyst and shall
be invoiced to Customers by Contractor.
In atlditton, if City's Third -Party Design e¢ implements an AB 939/561383 Reimbursement, Contractor shall pay that
Fee directly to the Third -Party De9gn ee. All AB 939/58 1383 Relmbu rseM ¢ots paid to the City or its Third -Party
Designee shall be c sideretl apass-through cosi for purposes of rate setting, and a uch ifi the City or the Third -
Party Designee req nests sucM1 fee or changes these #ees, the Contractor's rates shall be ad]usced accordingly.
7.3 Business License Tax
Contractor shall pay each annual business Ilce nse tax applicable to Contractor's bust ness and services performed
under this Agreement.
7,4 Review of Fee Payments
The City, a qualified profe ala its agent, r s the right to nually pertorm a ndepend ant r of
foe payments at its o expense, to verify that fees a e being paid i ordance with Agreement; provided the
qualified professional agrees to a able n n -disclosure agreement with Contractor to protect Contractor's
confidential, prop rietary, and trade sec et information:
ARTICLE 8_ CONTRACTOR'S COMPENSATION ANO RATES
8,1 General
Contractor's. comp¢nsaiion provided for in this Article shall be the Full, entire and c mplete c mpensatlon due to
Contractor pursuant to this Agreem¢nt for all laboq equipment, materials and supplies, taxes, i bontls,
of head, profit and all other things necessary to perform all the services required by this Agreement in the manner
and at the times prescribed- -
The Contractor does not look to the .City for paymem of any s nder this Agreement a apt a otherwise set
forth herein. Contractor will perform fhe respo nslbfliiles and duties described in this Agreement in sideration
of the right to charge and collect from Customers for services rendered at the established under this Agree menq
as may be adjusted from time -to -time.
8,2 Collection Rates
Contractor shall provide the Collection, Recycling, Tra nsportatron and Disposal s rylc¢s required under this
Agreement for the rates set Forth In the Se rvic¢ Rate Schedule attached hereto antl incorporatetl herein as Exhl bit
A, as the same maY be adjusted in accordance with this Article.
Any changes m the Service Rate Schedule muse be approved by the City Manager, or their designee, In advance of
Implementation by the Contractor.
September 1. 2023 Paae.34
City of Atascatl¢ro /USA Waste of Ca1FPornia� Inc.
Amended and Restai¢d Solid Waste C011ecilon Franchise Agreem¢nt
8.3 CPI Adjustment
Effective on January 1, 2024, and on the same dateann wally thereafter (the "Adjustment Date'), the rates set forth
n Exhibit A, a adju sied here un deq shall be automatically adjusted by a percentage equal m 85% of th¢ a ual
percent change in the Consumer Price Index ("CPI") for All Urban Consumers —All Ixems, for the Los Angeles —
ftiverside—Orange County metropolitan a a (1982-89 = 100) as published by the Bureau of Labor Statistics for [he
thos[ r ent 12 -month period ending in the month of September Immediately prior to the Adjustment Oate plus
e inprease.
At least thirty (30) days prior to the Adjustment Oate, Contractor shall notify City of the CPI adjustment to to ke
effect on the Adjustment Date and shall provide CRy with Tis computbtions tHerefo re.
8.4 Extraordinary Rate Adjustments
Therates set forth in Exhibit A a calculated to pay certain expenses and costs that a ontingent and u certain
nature. Therefore, in addition to the annual rateadjusiment provided by Sectton:8.3 rthe ratasaetforth in Ezhi bit
A i orda nce with this AgreemenT shall, upon written request of Contractor or City, be further adjusted for
ed or decreased expenses assooated with performance of the services hereunderd ue to. any one or more
of the following causes.
(a) material changes in Contractor's costs resulting from a Fn rceMajeure event;
(b) changes to Cdniracmr's operations,. obligations under this Agreement, the Franchise Fee, o other fees
required. requested, o nitiated by City, including, without limitation, adtlitional reporting, changes in s rvice
fr¢.q uency (ind Utling atrPublic FacllKies in a orda nce with Section 5.9) or any change In City'S design orlon of a
Facility utilized by Contractor under this agreement;
(c) City requests Contractor to provide any addi[lortal n r the City requests the Contractor to
change the method of providing, or the technology used to provide, ex si ng ose rv�ces under this Agreement;
(d) any significant increase or decrease in 0isposalfee5 or in fees for the processing of Recyclable Materials
or Organic Materials iF such Recycle tiles Materials or Orga Nb Materials are being processed at a third -party facility;
(e) ny Change In Law that o after the effective Oate of [his Agreemenp including additional costs
imposed by or arising from SucM1 cha nges,,induding additional diversion requirements;
(f) r Increased taxes, fees, charges, o rcharges of any kind o naiu re applicable to the services
provided under this Agreement imposed by a governmental entity (excluding income Saxes); and
(g) other extraordinary changes in operational costs outside of Contractor s r able control, induding
Increased costs related fuel and transportation, labor, and Rerydable Materials market conditions (Indutling
commodity values and Processing costs).
Contractor shall provider noble evidence to support the adjus[m ant The Clxy shall approve the request For a
rate adj ustment,.su ch approval not to be unreasonably withheld. If Contractor and City cannot agree on reasonable
Perms andc nditions of such extraordinary rate adjustments the matter shall be submitted to the Clty Council for
a determination bf a reasonable adjustment of the rates. The determination shall be final
ARTICLE 9. RECOROS� REPORTS AND INFORMATION STUDIES ANU
HEARING REQUIREMENTS
9.1 Records
9.1.1 General
Se otemtier 1. 2023 pace 35
City of Atascad¢ro / USA Was[¢ of California, Inc.
Amended and R¢sta[etl Solltl Waste Collection Fra ncbise Agreement
Con Vector shall r main r orris requ ed to perform its obligations under this Afire nq [o support requ sts iti
may make to Gty,, a1nd So respond [o req vests from City related to this Agreement in the c nduct of City business.
Additionally, the Co ntra cto shall also keep and Main r ords ably n ary fo udits related to its
performance of this Afire nt a eq Wrgd by this Afire nt, and shall keep and m main all r ords r ably
ary to develop reports and Flna ncial statements requiered with respect to its performance of this Agreem ¢nt.
Subject to Ap pllcablr- Law, i eluding the California Consumer Privacy Act of 2018 (Civ. Code, 3 1795.100 e[. saq.),
Contractor shall n[ainnCustomcr ontact data, Customer nTing, sta Tistical, operational,
progra atiq and other r ords, and a a[ed do ntation, related Co its performance a shall be ary
to provide detailed rid aTe eportsf rider Chis Afire nt rid [o demonstrate mpliance withs this
Agreem en[ and ApplicableaLawr Records and data shall b¢ i chronological antl organized form Cha[ is readily aria
easily interpreted to faUb[a to [he flexible use of data to structure reports_
Adequate r ord s rity shall b¢ n[ainetl to pre ords fro n[s [Mat c n be r ably anticipated
uch a a fire, theft and earthquake_ Electronicallysm rite ned data/records shall be protected and backed up.
Contractors r ords shall be stored in antral location, physical o electronic, that c n be readily a sed by
Contractor. Upo equ st, ny s ch r ords shall be etrieved i a timely m oft a ed ten (10) Bu
UaYs of a equ st by the City o airs design nlessratlditional time i agreed t by the City o its designee, and
made a aila ble to the City or itsrdesign ee; in��luding any r ord or documentation m ntained by Contra ctor under
This Afire nt Lhal the Gty, i its sold disc ratio n, may dee ably n ary for th¢ Gty or its design a Co
fulfill obligat ons under Applicable law including, buC not limited to, AB 939�AB 341, AB 1826, AB 876, AB 901, SB
1383.
9.1.2 Financial Records
Contractor shall k¢¢p sepa ate all 1 ords elated to [hes s performed under this Agreem¢ntfmm any and all
other types of businesses and operations conducted by the Con Vector.
9.1.3 General Recnrds
CHY aPProved r ords (format) shall be m ntained For the City separate From other jurisdictions relating to:
Customer s eight of Recyclable Materials by type of materials; weigbt of Dista rd etl Materials; routes;
facilities, i rntory of equipm nt and pe el u ed; facilities and equlpm n[ ope ations, m n[ena rice and repair;
processing of Recyclable Materials, proc¢sosirng cost p¢r Ton; Complaints; and, missed pick-ups.
Contractor shall m nYain records for the Tecrm of this Agreement plus a period of Rv¢ (5) Yoars past the terminaV on
of this Agreem ante
9.2 Reports
9.2.1 Report Formats and Schedule
Records shall be m ntained in forms antl by methods that facilitate flexible u of data contained in them to
structure reports, a ceded. Contractr shall submit all reports v - all u ng sofeware a ceptable t the City
rid provide a copy of reports to the City's designee_ The City reserves th errigM to require the Contractor m maintain
ords and wbmi[ Che reports required herein through u of a web -based software platform provided o
designated by the City s designee, and/or Microsoft Ezcel spre adsb eat. In the a crit tb a[ the City makes sucb a
equest that r alts i ed costs to Contractor, Contractor may request a rate adjustment in accordance with
the procedure set forth in Section 8.4.
Contract shall provide first m nthly report with Custmer and Se e Le el info anon to the City or its design
within thirty (30) days of the appro ed Afire nt The afteq m nthlY reports shall be ubmi[ted witbin twenty
(20) calendar days after the entl of the month being reported. Annual reports shall be submitted before March
30tb, For the previous Fiscal Year_
9.2.2 Monthly RepOris
CIty of Aiascatl¢ro /USA Wasi¢ of California, Inc.
Amended and Restated Solid Waste Collection Franchise Agreement
Contractor's monthly reports shall include, at a minim Um, the information listed in Exhibit E.
1 Solid Waste, Recyclable Materials, and Organic Materials collected, in tons, by month, and cumulative For
report year sorted by material type and fypeof Customer.
2. A s maty of Complaints r ved in a ordance with Section 6.4, by month and c mutative for report
year with a rative s mmary assessment of problems encou ntered and actions taken wfth recommendations in
Ctty for improvement u
3. Number of a unts by category for each month of reporting year.
4. Com merUal sand Residential Solid Waste, Recyclabke Materials, and Organic Materials Container
distributions.
5. Reports deemed n sary for the City or its Third -Party Designee to fulfill obligations under Applicable
Law, Incurding but no[ li mi[ad to, AB 939, AB341, AB 1826, AB 876, AB 901, 5B 1383_
The City may designate any addttional information that it wishes provided in the monthly re Ports relating to
Contracto perfo of this Agre nt; provided that Contractor ay equest a rate. adjustment to
compensate it for such additional reporting I accordance with the pmcedur set forth in Section 8 4.
9.2.3 Annual Report
Contradpr shall submit an Annual Report in entially the form and content of the monthly reports, Inc Wiling all
information required by Exbib it E. Thea ual sreport shall a45o include ac mple[e in ntory of equipment used to
provide all services. The City maY designate any additional information that it wishes to be provided in the annual
eports.
9.2.4 Offier RePorTs
AB. 9(]1 Reporting. At the City option, the City may require that Contractor provide the City or its designee, copies
of the Contractors AB 901 reports o regular basis (such a onthly, quarterly, o wally) o within five (5)
Business Oays of City or designee request. If Contractor has an agreement wRh an Approved Facllfiyr the Contractor
shall be required to provide AB 901 reports for those facilities.
9.3 Right to Inspect Records
City sfiall fiave the right eo inspect o w documents o ords m intained by Contractor in ortla nee with
th[s Agreement, o any other s mile rfer ords o reports rof Contractor that City shall deem, incRs reasonable
discretion, necessary to evaluate the sere ces performed by Contractor under this Agreement.
The CRy retains the right to have a qualified independent third party or agent of the City's choosing, such a a CPA,
particip afe in the r ords Inspection; provided that such qualified professional agrees to a onable n
disclosure agreement wiTh Contractor to protect Co ntra dor'S prpprietary and [rade secret information and subject
to California privacy rights as. required under Applicable Law. The cost of such inspection or review will be borne
by the city.
Contractor acknowledges that City is legally obligated to comply wtth the Calffornla Public Records Ad ("CPRA"7.
City acknowledges that Contrador may consider ertain re ords, reports, or Information contained therein
("R¢cords") which Contractor i required to provide to Citycunder this Agreement, to be of a trade s r¢t,
proprietary, o nfidential natu In ch insta Contractor will inform City i writing of which r ords
sidered proproiety or confidential andushall identify the statutory a ceptions to disclosure under the CPRA that
legally permit n n -disclosure of the Records. Ai such time as O[Y receives a request under ilia CPRA or the Federal
Freedom of Information Act ("FOIA") o ubpoena o other court order requesting disclosure of [he Records, CITY
will notify Contractor of the request, subpoena o order and of City's obligation and intent to provide a response
within ten calendar days- Contractor shall within five calendar days either'
(I) consent In writing to the disclosure of the Records;
City oT Aiascatlero /USA Waste ofi California, Inc.
Amended and Restated Solid Waste Collection Fra nchisa AgrecmenC
(ii) demand that City assert Contrador identified a ceptions to disclosure under the GPRA and agree in writing
to indemnify, defend and hold City harmless from any litigation, orders or judgm ants arising from Cha non-
disclosure as requested by conCracYor; or
(iii) eek and obtain, at Contractor"s sole cost and expense, the order of a court of c mpetent jurisdiction
staying o njo ng the disclosure of the Records. ContFactor shall provide City Written notice of its intent
to seek such a court order.
If Contractor timely files a application for such a urt order, City shall noYdisclose any Records until a final nqn-
app¢alable judgm nt is me ed by tb¢court if Cantractorfalls [o timelyr spond, then Clty may pro ed Co disclose
the Records, in wnicn event Contractor ague s that it w v sand releases City of any liability for the disclosure of
the Records.
9.4 Waste Generation/Charactarization Studies
Convector acknowledges that the City must perform Solid Waste gen eranon and disposal characterization studies
periodically to comply with AB 939 and SB 1383 requirements- Contractor agrees to participate and cooperate wi$t
City and its .agents by r viewing r orris contractor i equ ed to m main under this Agre m to a ist with
studies, data collection, and reporting a ceded io determine welgMs and volumes of Solid Waste and/or Organic
Materials gen eratetl, 61ve1'Ced, 6lsposed, ttra nsform ed, or otherwise hantlled/processed to satisfy A6 939 and SB
1383 requirements.
ARTICLE 10 INOEM NIFICATIO N, INSURANCE AND BOND
10.1 Indemnification
Contractor shall indemnify and hold ha mle s Ciiy, its officers, elected officials, employees, and agents from and
against any and all loss, liabIIILV, PenaliV rfp rfeitu re, claim, demand, action, proceetling or suit of any antl a cry kind
nd description (including, but not limited io, inJurY to and death of any Parson and damage to property, or for
ntribuV ono ndemnitY claimed by third parties) a ng o ulting from and I nY way c coxed wiTh (1) the
negligence or willful m nduci of Convector, its officers, employees agents and/or su b -Contractors in performing
Wrier This Agreemenq (2) Che failure of Contractor, its off ce rs, employ ees, agents and/or Subcontractors
to mplY i all r spectis with the pro of this Agr¢ nt, Applicable Laws (including, without limitation, the
En ntal Laws) and r¢gulations, and/or applicable pe iiYs and licenses with r spent To its performance under
this'Agre nC (3) the acts of Contra cTo its offc mploYe agents and/or Subcontractors in performing
nde this Agre nt for whlch�stricT liability mpo ed by la (including, without limixation, xhe
En nta lr Laws). Contractor furTh er ogre s [o and shall, upon demand of Gty, aT Co ntra CTOr's ole C 5[ and
expen semdefend (with attorneys r ably a cepta ble to CitiY) [he City, its off cern, elected off cials, employees,
nd agents ago st any claims, acti ons�s Wts o oThar proceedings, whether judicial, qu iyudic al o adm sTrative
atu ng o ulting from any e nts descn bed in the i ¢diately pre eding pa ogre ph. rNothin'g in this
pa agraph oho shall requ e Contractor to indemnify or defend City to the extent any claims or Ilabilities a
out of the negligence o willful m onduct of CRY. CitY�s Third -Party Uesignee, or the actions or activities of any
Approved Processing FaciliCY or Approved Disposal facility designated by [he Clty-
Comractors duly to Indemnify and tlefend shall s e the expiration o rlier termination of This Agre ni.
With respecT to any indemnity rights under this Agreement, City mus[ p Ovide the Contractor with r .noble
notice of any claim, demand, action o uip of any nd cry kind nd description For which Cttyoseeks
"ndemnffication un der [his Agreement CItY will provide Contractor with r noble cooperation in connection with
the defense of any Claims and may participate in the defense at its own expense.
10.2 L.a ndfill �Iverston
The Contractor acknowledges Thai The CKy has adopted a SRRE that selects Recycling programs a Bans of
Diverting waste. li Is therefore of foreniosi Importartre tFtat the Recyclable Materials Collected aun der this
Seotem ber 1. 2023 Pace 38
City of Atascadero /USA Waste of Californias Inc.
Amended and Restated Solid Waste collectibn Franchise Agreement
Agreement be c erfed into a functional and marketable pooduct in order that the .materials may be Diverted
from landfill Disposal i mpliance with'the Gty's $RRE, A6 939, and 5B 1383. The Contractor shall therefore
deliver Discarcled Materia is To the appropriate Approved Facility for processing as required by this Agreemc+ni.
30.3 AB 939/56 Y383 Indemnification
Contractor agrees to Indemnify and bold harmless City, lis officers, elected officials, employees, and age Ms from
rid against all fines and/or penalties imposed by the California Integrated Waste Management Board In the event
the s reduction and Recycling goals o env other requirement ofi AB 939 or 50 1383 a not met by City with
es pect to the waste stream Collected under this Agreement if such failure is due in ubsta ntial part to the failure
of Contractor to perform Its obligations under this Agreement. Nothing in chis paragraph, boweve r, shall require
contractor to indemnify or defend City to the extent any claims or IiabiliUes a out of the negpgence o willfW
onduct df City or tts Third -Party Designee, or the actions or activities of any Approved Processing Facility or
Approved Disposal Facility designated by the. Gty.
10_4 Insurance
During th¢ Term of this Agroement, Contractor shall c rry insurance Ina ordanca with this Article and such other
Insurance as required by law. Lack of Insurance pr inadequate in a do not negate the Contractor's obligations
under this Agreement Con<raaor agrees that in the e ent of loss dug to any of the perils for which rc has agreed
to provide in e. Contractor shall look solely [o its Insurance for r very, e ept where c sed by th eactive
eglige ole eglige willful m nduct of the CRY- Cpneractor hereby grants to the City, on behalf of any
In r p ov'�d trig i e fo either Contractor or City with r sped to the s (o upa cY of pre es) of
Contractor herein ria of any right <o subrogation wbichea nY such i surer sof said Contractor may acquire
against the City by virtue of the payment of any loss under such insurance.
Insurance shall be secured and approved by city's risk manager prior m commencement of work according to this
Agreement
Maintenance of proper insurance coverage is a material elem en[ of [his Agreemen< and failure to maintain o
rage or to provide evidence of c rage and/or r wal may be treated by [he Ci<y a ma<ertal breach of
Agreement Contractor shall forward the City specif cations and forms to Contractor's insurance agent for
compliant¢.
A. Minimum Scope of Insu ra rice. Coverage shall be at least as broad as.
1 Insurance Services Office Commercial uabllity coverage (occurrence Form CG 0001).
2 Insurance Services OFfice form n tuber CA 0020 c -ng Automobile Liability, code 1 (any auto).
3. Workers Com pensaiion insurance as required by the State of califomia anal Employer's Liabllify Insurance.
4. Pollution Legal Liability.
0. Minimum Limits of Insurance. Contractor shall mainialn limits no less than:
1. Commercial or Com preb ensive General Liability: Ten Million Dollars ($10,000,000) c mbined single IimR
per occurrence for bodily injury, personal Injury, and property dam ag¢_ If Comm¢rcial General Liability o
other form wish a general aggregate Iimlt Is used, either the general aggregate limit shall apply separately
to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
Commercial Liability policy shall contain no pollution exclusion of any description unless Contractor
provides for pollution in ante cov rage in an ampu nt equal to or greater Shan Commercial Uabiltty policy.
2. Automobile Liability: Five Million DORa rs ($5,000,000) combined single Ilmit per occurrence for bodily injury
and property damage and accidental spills and discharges while Transporting and/or Processing materials.
3. Workers' Compensation and Employers Liability: Workers' Com ponsation limits. as required by the Labor
Ciq of Aiascadero /USA Wast¢ of California, Inc_
Amendetl and R¢stated Solid Wasxe Collodion Franchise Agreement
Code of the State of California and employer's liability with limits of $1,000p�O per occurrence for bodily
injury or disease.
4. Pollution Lla blliTles: One Million colla rs ($1,000,oOp)_
G Other Insurance Provisions. The general Ila bility and automobile liability policies are to contain, or be endorsed to
Gonial n, the Following prowsions-
1. The Ctty, Council members, its officers, offlcia ls, employees, agents and volunteers a e to be c red a
additional in reds as respects: Ila biliiy arising Dui of acxivities pertorm ed by or on behalf of the contractor,
products nd mpleted operations of the Contractor, premises o etl, occupied or u ed by the
Contractor o automobiles o nod, leased, hired or borrowed by [he Contractor. The c rage shall
Detain special limitations on the scope of protection afforded to the City, its offsr.:ers, offi mals;
employeeso, agents or volunteers.
2. For any claims related to this project, the Contractor's i rage shall be primary Insurance a
especks the City, Council m tubers, its officers, officials, employees agents and volunteers. Any in
elf-insu ranw maintained by the City, its officers, officials, employees, agents or volunteers. sh allnbe
excess of theContractor s insurance and shall not conte bute with ii.
3. Any failure to c mply with reportlng o other provisions of the policies including breaches of w antics
shall not affect codverage provided io The Ciiy, Council members, its officers, officials, employees, agents or
volunteers.
4. The Contractor's Insurance shall apply sepacaiely to each Insured against whom claim is made or suit is
brought except with respect to the limits of the Insurer's Ila bil ity.
5. Each in a policy required by SM1Is clause shall be endorsed io state that coverage shall not be canceled
by either Party a opt after thirty (30) days prior written notice by certified mail, return receipt required,
has been given to the city.
6. Pollution, if on a Claims Made form:
a. The Retro Date must be shown, and must be before the data of the contract or the
beginning contract work.
b. Insurance must be maintained and evidence of insurance must be provided forst least five
(5) years after completion of the contract work.
c. IF coverage is c celed or non -renewed, and not replaced with a other claims made policy
form with a Rei o pate prior to the contracT Effeciiv¢ Oate, the Contractor must. pu rohase
extended reporting coverage for a minimum of two years after comp)eiion of contract.
7. Coverage shall not extend to any indemnity coverage for the active negligence of the additional Insu rad In
ny c where a agreement to indemnify the additional insured would be invalid under Subd[vision (b)'.
of Section 2]82 of tM1e Civil Gode.
Acceptability of Insurers. Insurance is to be placed wish insurers with a eni A.M. Bests rating of no less than
A:V I. insurers selected by Contractor shall be admitted to issue these eci£c line of required Insurance In the SiaYe
of California.
E VerrflcaRon of Coverage. Contractor shall furnish the City witF copies of required insurance certificates o
endorsements effecting coverage required herein. The certificates and endorsements for eachinsu ranee poliq are
to be signed by a Person authorized by'that Insurer to bind coverage on its behalf.
F. Subcontractors. Contractor shall include all Subcontractors a nsureds under its policies o shall furnish copies of
required insurance policies and endorsements for each Subcontractor. All coverages for Subcontractors shall be
subject to. all of the requirements sTafed herein.
City of Atascadero /USA Waste of California, Inc.
Amentl ed and Restated Solid Waste Collection Fra nc6lse Agreement
Oc a Ba etl Co age All polic ed by Contractor ex epi for Pollution Liability shall be occurrence
and not claims based unless City so consents in writing.
Upo dir coon of [he CItV. Contractor sball pro bond gu nteeing payment of losses rid elat¢d
estigations, cla adn stration and tlefe xpe If any third Pe oke cla ago nst Contractor
any Subcontractors a ring out of Contra cto �s performance of Collectionsso n the 'City contemplated by
this Agreamanq and such aalaim may involve the City, Contractor shall notify City the sof_
10.5 Pertormance Bond
Sir ultan eouslY with the a axion of this afire nq Contractor shall provide rid m rite at all tim olid
Contractor's Performance aend Paym nt Bond ornbon ds, letter of c edit o other s miler i �stru merit r ably
eptabl¢ to and appro ed i ribng by the Ci[y in thea nt of Fiva million dollars ($5,000,000) gu nteeing
the faithful pertormanceVof [he c ntracq i eluding any attomeY"s fees o other collection costs. The bond, letter
of credit or other similar mstru merit shall be is ed for a period of not less than o e Year, antl the Contractor shall
pr vide w bond, latter of c edit o mita rsi strumen2, and evida ably satisfactory to the CItY of Ks
ability, no le s than s x[y (60) calendar days pr rto the expiraUo of th esbond, teeter of c edit o other s miler
estrument then i effect The City shall be notlfied�� writing of any can reflation by the issuer of th erbond at least
thirCY days Prior to such ca ncellatlon_
ARTICLE 11. CITY'S RIGHT TO PERFORM SERVICE
11.1 General
Except a otherwise provided by this Afire nt, eluding, without limitation, SacTion 12.4, City shall ha e tM1e
rigbp but not the obligation, Lo perform, o e'to be perform ad, thr¢¢-Container COIIecCion s without
liability to Contracmr apo twenty-four (24)aho prlo ritCen once to Contractor during Cher pe od of a
ergency that c sates a ubsta ntial threat to the publicrh ealth, safety o elfare in orda rice witb thus Section
11-1 CItY maV axc>rcise such rigbt in the event that Contractoq far any reason within Contractor"s control_
(i) fails efiu s to Collect, Transport, o rket all Dis and ed Materials which it i equ ed by this
Afire nt to Collecq Tra sport, ndr aket, at LM1e 6me and the manners provided m this
Agreement, for a period of more than seven (2) calendar days, and
(2) if, alt of Contractor"s failure o efusal, 01s arded Materials should a elate m the GOV
to s chra xtent, i ah a r £o ch a time that the GtY Ma ogee r their design
should r ably f nduth at such accumulation creates a su bstanUal threat mrthe public health,
saf¢ty or welFaro.
I( Con Vector is then providing Billings rid CRY Perfo s [hes Co niractor will promptly Fo and to
City all rates Contractor has collected to City fo rtbe periotl in duration equal to CItY s performance of the services. IF
Contractor does not promptly forward those rates Collected during such period, City may draw on the performance
bond or otb¢r approved security for those amounts.
NOSce of Contractor's failure or r¢fusal to Collect, Tra nsporq and/or Dispose Discarded Materials a requVed under
this Agreement may be given orally by telepbone [o Contractor at tts pn ncipal office and shall be effective
etliatelY. Written c nflrmation of such oral notification shall be sent to Contractor within twenty-four (24)
hours ofi the oral notif cation.
Ex apt a otherwise expr sly providztl in the pr spa ogre ph, City's ofi its rights under this Article 11
do of e mpt Contractor from the indemrUtyvpro of Article 10, Inde nification, In ntl Bond,
w Mchna nt to extend to c stances a ng under this Article, provided that Contractor I of requ ed to
ride nify GtY ago st claims rid da age ng fro the egpge willful nduce of City officers,
employees and agents in the ops ration of Collection vehicles or perform aonce of servires during the dme CICY is
Se t b 1 2023 qy
city of Atas�aa¢ro / usA waste of ca nfornra, mc.
A.m en d¢tl ane Restated solid waste cquection Fra rachis¢ Agr¢¢m¢nt
pertprmmg ser..ipes In ae�oraance wrch this section 11.1.
ARTICLE 12_ DEFAULT, REMEDIES AND LIQUIDATED �AMAG ES
12.1 Events of �efa ult
Upon default by the Contractor, the City Manager or their designee shall provide written notice to Contractor of
the vi olaiion describing in detail the basis for the claimed default. The City Manager yr ih eir designee shall includ e
in the noti re, a demand thaf She Contractor c ct the v olation_ The Con Vadgr shall thereafter have thirty (30)
tlaYs to c e the v olaiion. of if the olaxlon oo of be c ed within s ch timefra the Cvntrador shall ha
om merited to cure said violation in er th at is reasonably a cepta bleto the City�in its r nable discretion.
For purposes of this Agreement and any notice required [hereunder, the term "days' shall mean calendar days..
Each of the following shall constitute an ¢vent of default
A. Fraud or �ec¢IY. If Contractor pracbce5. or ahem pts io practice, any Fraud or deceit upon Clty.
B. Insglvency or Bankruptcy. If Contractor becom es Insolvent, u able, o unwilling Co pay its debts when due, pr
upon Fisting of an order for relief (n favor of Contractor in a bankru ptcY Proceeding. The Contractor is also in default
if iheoe is an assignment far the benefit of its creditors.
G Failure to Maintain Coverage_ If Contractor fails iv provide o n[ain in full force and effect the Workers'
Compensation, liability, ndemhi{catton coverage or any insurance coverage or bond required under this
Agreement.
o. Violations of Regulation. if contractor fadllties fall out of full regulatory compliance or if contractor violates any
orders or. filings of any regulatory body having Iurlstlictlon over Contractor relative to this Agreement and such
deficiency is of cured Ina ordance with this Section 12.1; pravitled Chat Contractor Tay contest any such orders
r filings by appropriate p oceetlings conducted in good Faith, in which case no breach of the Agreement shall be
deemed to have occurred.
E. Failure to Perform. If Contractor ceases So provide Solid Waste; Recyclable Materials, and Organic Maters els
s to v ¢hauler routes as requtred under this Agreement for a period of two (2) Business Oays or
mo e, for any reason within the control of Contractoq except as oih erwise permitted by this Agreement.
F. Failure to Pay/Report. If Contractor fails to make any timely paym encs, including liquidated damages and
penalties, required under this Agreement (o other su cin time as the parties mutually agree) and/or Fails m provide
CFiy wish required information, reports, and/or records in a timely manner as provided For in the AgreemenC (or
other such time as the parties mutually agree).
G. Acts grOmissions. Any other ac[oromission by Contracmrwhich violates the terms,c ndltlons, or requirements
of this Agreement, She California Integrated Waste Management Act of 1989, as it may be a ended From time to
time, o ray order, directive, rule, o regulation issued thercund er khat has a material impact on Contractor s
pe rtormance untler this Agreement and which is not corrected o metlied within the timeset in thewritten notice
of the v olatlon op If Contractor c not reasonably correct o etlY the breach within the ti me set forth in uch
once, if Contractor should fall to tom mance m correct o medY such violation within the rime set Forth in such
notice and diligently effect such correction or remedy thereafter.
H. False or Misleading Statements. Any representatlpn or disclosure made to City by Contractor in c ection witM1
rad ucement to entering into this Agreement. o ray Future amendment ko Chis Agre rat, which proves
to be false or misleading In any mater)al respect as of the Time such represenfatiOn or tllscosure Is made.
I. Attachment. There is a ure of attachment of, or levy on, the operating equipment of Contractor outside of
Contractor's ordinary cou rse of business, tnd uding without limits its equipment, maintenance or office facilities, or
any part thereof.
Seot¢mber 1. 2023 q2
City of Atasca2l¢Fo � USA Wast¢ of Callfornla. Inc.
Amended and Res[aLetl Solid Waste Collection Franchise Agreement
J. Suspension or Term nation of Service. There is any termination o uspension of the transaction of business by
Contractor for reasons within the control of Contractor lastingmore than two (2) Business Days, a cept as otherwise
permitted by this Agreement, including for a Force MaJeu re event in accordance with Section 12.4.1 or labor unrest
in accordance witYt Section 12.4.2.
12.2 Right to Terminate Upon default
Upon a defauR by Contractor, and Contraetols failure to c the City shall have the right to terminate this
Agreement upon o e (1) day notice fn the a crit of a ubstani al threat to public health or safety,. or otherwise
twenty (20) days' notice following a hearing by the city council.
CRY's right to terminate This Agreement is not exclusive, and City's termination of this Agreement shall not
nstitute.a election of remedies. Instead, they shall be in addition to. any and all :oth er legal and equitable rights
acrid remedies that City may have.
By Ylrtue of the nature of this Agreement, the urgency of timely, conUnuousa rid high -q ualfty s tutee, the lead time.
required to .effect alterna Vve s and the rights granted by City to Contractor, the r medy of liquidated
damages For a breach hereof by ContBactor may be inadequate and City shall be entitled to injunctive relief.
12.3 Liquidated Damages
A. General Ctty Finds, and Contractor agrees, that as of [he Lime of the execution ofthis Agreement, ii is i mpractical,
if not Impossible, to r Habit a certain the extent of damages which shall be in red by City a ult of a
breach by Contractoreof its obligations under 2h is Agreement. The factors relating to the impract� ability of
ertaining damages include, but are not IlmKed fo, the fact than (i) substantial damage results to members of the
public who are denied services or denied quality or reliable service; (ip such breaches cause inconvenience, a ieky,
Bustration, and deprivation of the benefits of the Agreement to individualm tubers of the general public for whose
benefit this Agreement a is[s, in subJ ective ways and i varying degrees of intensity which a e Incapable of
crit in precise m notary terms; (iii) that exclusive services might be avalla ble at substantially lower costs
the nsaliernative s and the m netary loss r ulting From denial of s r denial of quality o reliable
-m possible toscalculate in precise m rtetary terms; and, (iv) the terminat on of this Agreementrfor such
6r aldh ess antl other r medics a e, at best, a means of future correction and riot remedies which make the public
whole for past breaches.
B. Service Pertormance Standards; Liquidated Damages for Failure to Me¢t Standards. The Parties acknowledge [hat
istent, reliable Solid Waste, Recyclable Materials, and OrgaMCMaterlals service is of utmost imporia rice to Ciiy
on dsthat City has c sidered and relied on Contractor's representations as to its quality of service c mltment In
arding the Agreement to it. The Parties further recognize that s e quantlfied standards of performance a
Bary and appropriate to ensure consistent and reliable service acrid performance. The Pa rties fu rther recognize
that iF Contractor fails to achieve the pertorman ce s[anda rds, c mply with Complaint resolution criteria, or tails to
ubmit required documents in a timely m q City and its resldens will suffer damages and that it is rid will be
Impractical and extremely difficult to a rerta n and determine the a act a unt of damages that City will suffer.
Therefore, without prejudice to City's right to treat such n n -performance a n event of default under this Arhde
12, the Parties agree that the following liquid ated damage a unts represent a reasonable estimate of the amount
of such damages c sidenng all of the c msta Hees a fisting on the date of this Agreement, including the
relationship of the sums to the r nge of harm to City that r ably could be anticipated and the anticipation that
proof of actual damages w uld be costly o nfente Recognizing the impor[a rice of r cluing any failure to
eet the service performanoce standard, the City shall contact Contractor within two (2) days of any failing reported
directly to the Clty.
Except as otherwise perm ltted by this Agreement, including fora Force MaJeure event in a ordance with Section
12.4.1, Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below:
Collection Rella tilllty and Uuallb
For each failure:over fine (S) annually [o commence service [o a new Customer accou tit within seven (>) days after
Seotember 1 2023 pace 43
City of Atascadero /USA Waste of California Inc.
Amcnd¢d and Restated sora waste coucation Franchise Agreement
order: $iso.00
For each fat W re over tw¢nry-four (24) annually to Collect Solid Waste,
RecYclables pr Organic Materials, wMch has been properly set out for
Collection, from a established Customer a union the scheduled
Collection day and not Collectetl wtthin 2a hours after notice of missed
pick -u p: $150.00
For each failure to Colkect Solid Waste, Recydables,
r Organic Materials, which have been properly set out for Collection,
from the same Customer on two (2) consecutive scheduled pickup days: $150.00
For each o currence over fve (5) annually of damage to private
prop¢rty:
$250..00
For each occurr¢nce over ten (10) annually of discourteous behavior.
5250.00
For each Failure over ten (.10) annually to clean up Solid Waste, Recydables
or Organic Ma[eri els, spilled From Containers:
$150.00
For each oc rents over five (5) annually of Collecting Solid Waste,
Recycle tiles or Organic Materials, during unauthorized hours:
$250.00
For each failure to respond to a CustomerCom Plaint within
o e (i) ausiness Day:
$ioo.00
Use of Unauthorized FacilKies. Except as ath erwise permitted by chis Agreement, Including fora Force Majeure
Event trier ordance wtth Section 12.4, foreach individual o umence of delivering 0isca rd ed Materialstoa Facility
oth er eM1an an Approved/Designated Facility(ies) for each Discarded Material tYP¢ under this Agreem ¢nt.
5150.00/ Ton /occurrence
Failure Yo Implement Three-Contain¢r System. Fore ch o rrence of falling io provide Custom ¢rs with th¢ ihree-
Container system required by antl compliant with Sectionc5.2.1 exd uding Customers that demonstrate compliance
with Recycling and Organic Waste Self -Hauling req uirem ants purs uant to citys Municipal Code and 14 CCR Oivtsion
7, Artcle 12, Article 7. $150.00/ Custom¢r /occurrence / 0ay until tom pliance achieved
Failure of Conimc[or to u e Comm¢mially Reasonable Efforts to Confirm Yhat Approved Facility(ies) Meet Limits o
Incompailble Materials (If P.ppllcable). For each Ton of Mixetl Waste or Organic Materials.receNed at the Faclliry(ies)
in a quarterly reporting period when OrganFc Mare rials r red after Processing a Beds 20% incompatible
Material ih cesholtls: 5100.00 /Ton in the quarterly reporting period when the failure occurred
Failure [o Comply with Container Labeling and Colorer Foreach o of Contractor's failure to c mply .with
Container labeling and color requirements pursuant to Section 55.3 -of this Agreement $150.00/ Container /
Failure to Respond Yo Public Education and Outreach Support Requests. For each failure to respond to the CIry's
req uesi to support education and outreach activities in accordance with Section 6.7(b). 5150.00/occurrence.
Failure to Issue Contaminatlon NPNces. For each failure of Contractor to i e Contamination Warning Notices
antl/or Contamination Fee Notices and m -main documentation of issuance as required by Section 5.4 of this
greement 5100/ contractor Route /day
Improper Fee Issuance. For each fee that is Issued io. a Customer without prior authorization From City under this
Agr¢¢m ¢hG $100/Customer/pay
Failure to Submit Reports or Allow Access to Records. For each Failure to submit any Individual report or provide
44
City of Atascatlero /USA Waste et California, Inc.
Amended and Restated Solid.Waste Gollec[lon Franchise Agreement
s [o r ords i mplianw with and in the tlm eframe specified in this Agreement Incomplete and/or
Inaccurate reports shall be c sidered a failure to submit until such time a all information in the report has been
provided i mplete and a urate form. In tM1e e ent City and/pr its designee r ably determines a report is
Incomplete o ect Contractor shall be given [en (10) Business Oats to complete and correct such report.
$100/ report / occu Yrence
Liquidated damages will only be a sed after Contractor has been given [he opportunity but failed to rectify the
damages, as described in this Agreement. Cliy may determine the o of a ants gNing rise to. Ilquitl aced
damages through the observation of Its own employees or representative o� n estigation of Customer Complaints.
It is the desire of the parties to work together to a oid the Imposition of liquidated damages and a prd inglY City
shall tlmelY c tate to Contractor any information that tt r which might glue dse the mposition of
liquid ated damages in order to facilitate Contractor's ability to correct anY deficiency, or prevent the recurrence of
any conduct for which liq Wtla[ed damages mlg M1t eventually be imposed_
Prior to assessing liquidated damages, City shall give Contractor notice of Its intention to do so. The notice will
-nclude a brief description of the incidents)/non-pe rtormance- Contractor may review (and make copies at Its own
expense) all information in the possession of City relating tv incident(s)/non-pe rtormance- Contractor may, witM1in
ten (10) days after r ng the notice, request a eating with City. If a meeting is requested, it shall be held by
the City Manager ore their designee. Contractor may present evidence i ruing and ih rough testimony of its
mploYees and others relevant to the i cident(s)/non-pertormance- ThenCRy Manager or designee will provide
Contractor with a ntten explanationnof Th elr determination o ach cident(s)/non-p ertorm once prior to
authorizing theassessm ani of liquidated damages. The decision of the City Manager or designee shall be final.
0. Timing of Payment. Contractor shall pay any liquidated damages a sassed by City within thirty (30) days after
they a e assessed. If they a of paid wtthin the thirty (30) day period, City may proceed against the security
required by this Agreement preorder the termination of this Agreement, or both.
12.4 Excuse from Performance
12.4.1 Force Majeure
The Parties shall be a sed from performing Their respective o bligations hereunder in the a ant they a
prevented from so performing by r of floods, earthquakes, other "acts of God", w vii in acne n, riots,
acts of any government (including jud tial action), pandemic, epidemiq u aila6illtYaof cApproved Disposal o
Processing Facilities designated by the City, and other similar catastrophic a ants wM1ich are beyond the control of
and not tM1e fault of the paKy claiming excuse from pertormance M1ereund erV
Tho Party claiming excuse from pertorm ante shall, within two (2)' Business Days after Such Party has notice of such
give the other Party notice of the facts cvnstitutirig,such cause and asserting its claim to excuse under this
AKide.
The Interni pylon or discontinuance of Contractor's services caused by'one o of the a ants a sed shall not
nstitute a default by Contractbr under this Agreement Notwithstanding the foregoing, however, if Contractor is
sed from performing its obligations hereunder for any of the c s listed in this Article, Ciry shall have [he
relgM to review tM1e circumstances under which the ext use from performance was permitted pursuant to Ch is Section
at least every five (5) business days. After such r iF the City determines tM1e excuse from s o longer
valid, the City shall notiFy the Contractor in Wring Icor within two (2) days From the rc eipt of such
notification. If the Contractor fails to r within th eriwo (2) days, and the Cfty shall have the right to
terminate th15 Agreement by giving ten (10) daysr notice.
If Contractor is relieved from Providing s rvices a a direct result of a qualifying Force Majeu re a ant, Contractor
rid City shall meet and confer in good faith wish the CttY to discuss issuing a refund, credit, discou ni on fuiu re
other similar remedy to Customers for the portion bF services not performed by Contractor ase result
tlier�eof.o
45
city of Atascaaero / u5A Wase of calltornla. Inc.
Amend¢tl and Resta[ed Solid Wase Collection Fra nchis¢ Agreement
12.5 Fina naaal Material Errors Omissions or Irregula ritles.
TM1e City may r test and audR the books and r ortls of the Contractor related to the s s proyidetl
M1ere un der fior the purpose of determining whether the Contractor Is complying with the terms of tM1e Agreement;
provided That any third -party acting on behalf of tM1e City or as the City's designee, agenf, o ontractor, shall agree
to a noble n n -disclosure agreement with Contractor to protect Contractor's proprietary, con Pdentia 1, and
trade secoet Information and subject to California privacy rights as required under Applicable Law. In the e ent that
aterial a imegula ntles a Identlf ed, then the costa toted with the audit, test o
shall be paid by the Contractor to the Crty. In the case of errors, materiality shall be deemed m be five percent (5%)
r greater in franchise fee payments due the Ciry. Recovery of any over payment will be negottated on a case-by-
case basis-.
ARTICLE 13. OTHER AGREEMENTS OF THE PARTIES
13.1 RelationsFlip of Parties
The Parties intend that Contractor shall perform the s required by this Agreem eni a ndependeni
Co niractor engaged by City and not as an officer or emploYe'e of Ciiy n a partner of or joint venture with Clty.
No employee o agent of Contractor shall ben shall be deemed to bera. mployee or agent of City. Except a
expressly provided herein, Contractor shall have the exclusive control o r the m nd m of conducting
the Recycling services pertorm ed under this Agre¢m ¢nt and all Persons performing such s anGoni ra ctor shall
be solely responsible for the acts and omissions of lis officers, employees, Subcontractors and agents performing
ntl er this Agreement. Neither Contractor n r Its officers, em plOyees, Subcontractors and agents shall
obta n any rights to retirement benefits, workers compensation ben efles, or any oih ¢r benefits which accrue to Oty
employees by virtue of their employment witM1 City.
13.2 Compliance with LaW
In providing the s required under this Agreement, contractor shall atoll times, at Its sole cosp. c mplY with
all Applicable Law and wKM1 all applicable regulations promulgated by Federal., State, regional or local administrative
and regulatory agencies, ind uding the Atasca dero Municipal Cod e.
13,3 Governing Law
TM1is Agreement shall be governed by, and c nstruetl and enforced in accordance with, the laws of the State of
California without reference to its confilicts of laws principles.
13.4 Jurisdiction
Any lawsuits between the Parties arising out of this Agreement shall be brought and c ncluded in the enures of iM1e
State of California, which shall have exclusive jurisdiction over sucM1 lawsuits. Venue of any such lawsuits shall be in
San LWs Obispo Gou nty.
Y3.5 Assignment
Except as Tay ba provided for in ArTicle 11 (City's RighT to Perform Service), neiYM1 er Party shall a sign its r(ghYs, n
delegate ubc ntract o otherwise transfer its obligations under [his Agre nT SO any Other Pers On without Lhe
prior written consent of the other Party. Except as oiM1 erwlse providedein this Section, any assignment made
46
CHy of Ata scadero /USA Wast¢ of California, Inc.
qm ¢n detl and ReSTated Solid Waste Collection Franchise Agreement
without the c crit of the other Party shall be void and the attempted a signment shall c nstl[ut¢ a material
breach of [his Agreemenx. The Conxractor shall consent to env assignment to a)oint powers authoriTy, or any similar
public entity a slgnee of xhe Gxy. In addition, Contractor may a sign this Agreement without c t to anoTher
c rporate Affiliate of Waste Management, Inc., provided such entity has assets at least as signifi ant as Contractor_
For purpo of this ArCi cle when u ed i ¢feren ca co Contra clog ' sign merit" shall i elude, but not be limited to
(�) a alese change o other transfer oft at lease fifxy-one p¢rce nt (51%) all of Coniracto is a cis dedicated to
rider this Agreement to a thirtl party: R) a sale, exchange o other era nsfer of outstanding common stocK
of rContraaor to a third party Provided saitl sale, exchange or xransfer may r ult i change of control of
Contractor, (3) ny dissolution, .organization, olidaxion, ergeq - apitalizatigna stock i -
votingtrust, pooling agreement, a ngemenq ❑q Wdaxion o coxher transaction to wf�ich r ultsr n
- change of o rship o ontrol of Contra ctorN (4)r any a sign merit by opera Cion of law, including in olvency o
bankru prey. n along assignment for the benefi of credttors, writ of attachm crit for an execuxion being levied against
[his Agr¢ nq appointm¢nt of a r taking po of Contractor's property, r Transfer o ng in ibE
nt of Teprobai¢ pro eding,r ride nY mbinationon of the Forego ng (whethe of elatetl
n tempo s transactions) which has theceffect ofi any such transfer or Chang¢ of ownership' or change of
control of Contractor.
Coniracto ckn wledges that this Agr¢ nt i Dives r ndering a vital s e to City's r sidents and bu
rid that City ha electetl Contractor to perform the services specified he n,ba ed on (1) Contractor's xpen
skill and rep ural on for c rid ucting its Solitl Waste m agement opera2iq'ns i safe, effective and �esponsi ble
Fashion, at all times in keeping with applicable Environm¢nTal Laws, ragulaiions antl best waste m ria gem crit
practices, and (2) Contractor's {financial r s to m main the r¢qu ¢d egWpm nt antl to support its lntlemnity
oblige tlo s Yo Cixy under Chis Agre nt.o City ha cited o ch of these Factors, ng others, �n chops ng
Contractor to perform the serv�c¢5 to be rendered by Contractor under this Agreem entm
If Contractor requests OtV�s c sideration of and c crit to a signmenq the City may deny o approve such
req oast at its c mplete tlisc ret on. The City i ed about xhe possibility that a sign merit c old r ult i
significant race � ell a change in the quality of s i Accordin glY, th esfollowing standards have
be et toe erthat a sign nt will r ult i ntinued quality s - In atldition, xhe Ciiy reserves the right
to solicit c mpe[itive bids for theses iF th¢ a sign nt r oils I equest by the sign a fo ate i
that a a higher than the inflationary index and do of reflect value change standartls. At a
¢qu st by Contractor For c sent to an assfignment need be considered by City unless and until Contractor has met
[he following requirementson
A Contractor shall undertake to pay City its r able ezp¢ s for attorn ¢y's f¢es and i estigatl on costs
ary to i stigate the suitability of any propo ed a sign rid to review and Finalize any tlocumantation
requ red as a condition For approving any such assign ent5
B. Contra trot shall furnish City with audit¢d £n noel statements of the proposed assign e s operations for
the immediately preceding three (3) operating years; a
G ConTra trot shall fu sh City with satisfactory proof'. 1) that the propo ed a sign ¢ has at I¢ast fiv¢ (5)
years of Recyclable Mate ria In age nt expe ale equal to o eding the al¢ of ope alio
nducted by Contractor undcrathls Agre nt,r'2 )nthat n the last five (5) ye Cthe propo ed a sign a has not
ugffe ed any sigrUfic nt citations o ocher c e from any F¢deral, State or local agency M1a ng ju sd coon o
its Solid Waste age nt ope ations du¢uto nY significant failure to mply with State, F¢tle al to al
En nxal Lawsnand that thea sgn a has provided City with a mplete list of s ch citations antl c C3)
ehax the peroposed assignee has at all times conducted its operatio nsoin an environmentally safe and conso¢ntio us
City of Atascad¢ro � USA Wast¢ pf califernia� Inc.
Amended and Restated Solid Waste Collection Franchise Agreement
fashion; 4) chat the proposed a sign ee conducts its Solid Waste m nagement practices in a ordance wish s rid
ante m nagemeni practices in full c mplia rice with all Federal, State and local laws regulating the Collect on,
Transportation, Processing, marketing and disposal of Solid Waste inclutling Hazardous Waster, 5) that the
proposed a sign ee, and any Ks officers, directors o employees have not been c icted of a) frautl br c al
offense in action wtth obtaining, attempting to obtain, procuring or performing a public or private agreemlent
related to Recyclables or Solid Waste s of any kind (including collection, hauling. Transfer. Processing,
Composting or Olsposa q, including Th is Agreement or any a ndment thereto or b) bribery or attempting to bribe.
public offic mploye of a to al, State, Federal agency that officer director's of contractor's
m ploYee's official apacity; o c) embezzlemeni�extortion, racketeering, false claims, False statements, forgery,
falsification or destrucUpn ofr r orris, obstruction of Justice, knowingly r ng stolen property, theft,
isprision (failure to disclose) of a felony; o d) unlawful disposal of Hazardous 'W ante or Ezd uded Waste, the
of which the Contractor knows o should have known; rid, 6) of any other information r onably
regwretl by City to. ensure the proposed assignee can fulfill the Terams of this Agreement in a timelyesafe and
effective manner.
13.6 Subcontracting
Except a approved i ruing by the City. Contractor shall not enter into a agreement to have another Person
perform Contractor's duties of tM1is Agreement contractor shall undertake to pay City its r nable expenses for
attorney's fees and Investigation costs n ary to in estigate the suitability of any proposed Subcontractor, and
to review and finalize any documentation required as a condition for approving any such Subcontracting agreement.
13.7 Binding on Assigns
The provisions of this Agreem ant shall Inure to the benefit to and be binding'on the permitted assigns of the Parties
13.8 Transition to NeM Contractor
If the transition of s rvlces xo a other Conkractor o s through expiration of term, default and termination, o
otherwise, Contractor will c operate wl[h Clty and subsequent Contractors) to assist in a orderly transition which
will include Contractor providing r uta bsts and Customer Informs[ion. Contractor will not be obliged to sell
Collection -vehicles or Containers to She next Contractor. Depending on Contractor's c mstan ces at the point of
transition,. Contra CtOr at its optlOn Tay entEr Into negOtlailons Wlih The nexT Gdntractor t0 sell (In part or all)
Collection vehicles and/or Containers
N otwithstanding the foregoing, Contractor shall not be required to provide any intellectual proPe�ty of Contractor,
Including, without limitation, any confidential information, copyrighted material, proprietary informaRon, trade
rets or trademark service mark, including any and all such documents o reports containing sgcn information
ride ny c msta rices. to any subsequ nt c ntractor_ All c of dential and proprietary information bf Company
held by company and not submitted to City is and shall be under the sole ownership and control of contra ctor.
13.9 Parties in Interest
Nothing in the Agreement, whether expresso mpbed, is -mended to confer any righks on any Persons other than
the Parties to tt and their representatives, successors and perm[ited assigns. -
13.10 VJalver
The waiver by either Party of any breach O violation of any provisions of this Agreement shall not be tleemed to be
a waiver ofany breach or violation of any other provision nor of any subsequent breach of violation of the same or
n8
City of Atascatl¢ro /USA Waste of California, Inc.
Amended and Restated Solid Waste Collection Fra nchlse Agreement
any other provision. The subsequent a ceptance by either Party of any m s that becomedue hereunder shall
of be deemed to be a er of ant pre-existing or concurrent breach or vi olailon by the other Party of any
provision oPthis Agreem ent'y
13.11 Contractor's Investigation
Contractor has relied o its o n Investigations, and not o any representations of the City or Rs agents of the
conditlons and circumstances surrounding the Agreement and the worK to. be performed by it.
13.12 Notice
All notices, demands, requests, pro posals, approvals, c enis and other c -cations which this Agreement
regWres, authorizes o ontem plates shall be in writing and shall either be personally delivered io a rep rese ntanye
of the Parties aC the address below or be deposited in the United Stares mail ftrst class postage prepaid, addressed
as follows:
If to City: City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Attn: City Manager
If to Contractor: USA Waste of California, Inc., dba AWA
9081 Tujunga Avenue
Sun Valley, Cali{ornia 91352
With a copy to: Atin: Assistant General Counsel
USA WasTe of California, Inc.
9081 Tujunga Avenue
Sun Valley, California 91352
The address to which communications may be dellv¢rEd may be Changed from time to time by a noVice gNen 5
ordance with thisArticl e. Each Party shall deliver all notices by Personal delivery, nationally recognized overnight
wrier (wKh all fees prepaid ), facsimile o ail (with confirmation of transmission), o certified o registered mail
(in ach c return r cater requested, postage prepaftl). Except as otherwise provided in this Agreement, a once
effectivesonly: 1) upon r celpt by the receiving party and 2) If the party giving the notice bas complied with the
req W rements of [his Section.
13.13 Representatives ofthe Parties
References in this Agreement to the "City" shall m n the City Council and all actions to be taken by City shall be
taken by Che City Council except as provided below�The City Cpuncil may delegate, in wri Ting, authoYity to the Clty
Ma age r their design ,City Attorney, and/or to other City employe nd may p¢ mit s cb em ployeBs, In tU m,
to de¢gaie i Wring s all ofi s ch authority to subordinate employ¢ CPn Vacto ay rely upon actions
taken by such tlelegatee if they are within the s ope of the authority properly delegated to them.
Contractor shall, by the Effective Date, designate in ri ting a esponsi ble officer who shall s s the
representative of Convector i all matters related to the Agreement and shall -inform Gfty in writing of such
designation and of env limitations upon their authority to bind Contractor City may rely upon action taken by such
designated representative a actions of Contractor unless they are outside the scope of the authority delegated to
Chem by Contractor a ated to City.
CI[y of A[ascadero /USA Waste of ealifornia, int.
Amended and Restated Solid Waste Collection Franchise Agreement
13.14 City Free to Negotiate with Third Parties
City may i estigate all options for the Collection, Pro ng, and m rketing of Recyclable Materials antl/or Orga
M aterlals after the expiration of the Term. Without limiting g¢n¢ralitY of the foregoing, Ci[y may solidi proposals
from Contractor and from third pa rties for the provision of Solid Waste and RecYCOng Services, and any COT binaiion
th ereo{, and may ne8oflata and a ute Agre nts fors chs s that will tak¢ ¢ff¢ct upon TF¢ xpiratlon or
earlier termin anon pursuant to Sect on 12.1 (E tints of Default) of ih s Agreement
13.15 Privacy
Contractor sM1all strictly observe and protect the rights of privacy of Customers i ordance witM1 Applicable Law,
including, without limitation, the California Consumer Protection PnvacY Act of 2018 (Civ. Code 3 1798.1OD et
eq J. Info anon identifying individual Customers or the c mposition o ntents of a Customer's ste stream
shall not berg algid to any Pe go ntal unit, pr ate age cy, ontractoq unless upon tM1e authority of
urt of law,rby statute, o upon valid authorization of the Customer. rThis pro shall not be c strued to
preclude Contractor from preparing, participating i sslsfing in the poeparaYonn of waste characierizatlon
studies o este stream a clyses that may be req uiretl by AB 939 or performing any activities needed to reach
compliant with 561383, subject to req Uirements under Applicable Law.
ARTICLE 14. MISCELLANEOUS AGREEMENTS
14.1 Entire Agreement
This Ag[¢¢mant, inclutling the Exhibits, r¢p r¢sents the full and entire Agr¢Hm tint between the Parties with r¢spect
to the matters covered M1eroin.
14.2 Article Headings
Tho article headings. in this Agreement a e For c venien ce of referonceonly and are not Intended to be used in
tM1e construction of this Agreement nor to alter or affect any of its Prov¢ions
14.3 References to Laws and Other Agreements
All references in chis Agreement to laws shall be understood to include such laws as they may be subsequently
ent�tided o -codified, unless otherwise specifically provided. This Agreement supersedes and replaces In Ks
ety therReWsed Agreement.
14.4 Interpretation
This Agreement. including the Exhibits attached hereto, shall be interpreted and c nstrued r nobly and neither
for nor against eltl'rer Party, regardless of the degree to which elthef Party participated In its d offing.
14.5 Agreement
This Agreement may not be modified oramend ed In any respect except by a writing signed by the Parties.
14.6 Severability
If any n -material provision of This Agreement is. for any r n tleemed to be i valid and unenforceable, the
mvalidity or unenforceability of such provision shall not affect agny ofi the remain ng provisions ofi this Agreement
Clty ofi Atascaderp /USA Waite oT Califiornia� Inc-
Amendetl and Restated Solid Waste Collection Franchise Agreement
that shall be enforced as if sucF inyalld or unenforceable provlslon had nnf bean contained herein.
14.7 F�clnibits
Each of Exhibitsis attached her¢to and incorporated herein and matle a part hereof by this reference.
IN WITN E55 WHEREOF, City and ConCractor hav¢ ¢x¢cuted this Agreement as of She tlay and Vear first above written.
The City of Atas. o
James R.•Lew
City Manag�
Attest
a K. ens¢
ty CI rk
Approv¢d as to Form:
Brian A. Pierik
Clty Attorney
use wasxe oG-.,ia. Ir
M l�k/Me/H a�//mmer
President —Southern California Area
�3SZT� :1Si'I :1 _ _
City of Atascad¢fo /USA Wast¢ of Callfornla� Inc.
Amend¢d antl ft¢stat¢d Solid Was[¢ Callaciion Franchis¢ Agf¢¢ment
that shall be enforced as if such invalid or unenforceable poovlsion hatl not been contained herein.
14.7 ExM1ibits
Each of Exhibits Isattached hereto and Incorporated harem antl made a part hereof by this reference.
W WITNESS WHEREOF. City and Contractor have executed this Agreement as of the day and yearFlrst above written.
The Clry of Atas
James R.• Lew/
Ciry Manag�
Attest:
J��-.
/�L __
a K. C BnSen --�
ty CI rk
Approvc+d ay�t/�o For
Bfian A. Pierik
City Attorney
USA Wasi///r�fOla. I c
M�ke Ha
Pr sitlent—Stluth¢fn Callfom�a Area
$eotember L 2023 51
EXHIBIT A
SERVICE RATE SCH EUULE
Exhibit A -Service Rate Scl-)edule
my <f Ata:<aaaro
USA was<¢ of cabfornla / dba Atascad¢ro Wast¢ Alternatives
Eff¢cily¢ September 1. 2023
Single -Family Collection Service Raies
All Singlo- Family Service Options Ind utl¢ o ¢per week collecHnn oP ibrec containers: o e (1) container for solid
este In customers selected six¢, one (1) 96 -gallon container For mcyclable materials antl one [1) 96 -gallon
container For organic materials.
All Monthly Rates for Sngl¢-FaTlly Service Options and Additional Solitl Wast¢ Carts include a 4.4% Integrated
Wast¢ Management Aufbority Fe¢.
$ingie-Family-Service OpUtsns
Monthly Rate
Thr¢¢ Contamet Service (19 -Gallon Solid Wast¢ Cart)
$27.93
Tnrae Container Service (32 -Gallon Solitl Was[¢ Cart)
$32-44
Three Container Service (64 -Gallon Solid Waste Cart)
$50.84
Tbrec Container Service (96 -Gallon $olid Wast¢ Cart)
$63.gJ
Additional Carts a vallable upon rEqu¢sT for an ad tlitional monthly charge per ca K. Additional Carts are
collected once per week on customers regular service day.
Addi[lonal.$olltl WasreCarts
Mon[bly Ra[¢.
Additional 32 -Gallon Solitl Wast¢ Cart
$15.95
Additional 64 -Gallon $olid Waste Cart
$iJ.35
Additional 96 -Gallon Solid Waste Car<
$18.J5
Adtlltlonal 96-Gallnn R¢rycling Cart
$13.SJ
Adtll[Ional %%Gallon Organics CaK
$9.55
Commercial and Multi -Family Collection Service Rates
All Commercial and Multi -Family Collection Service Options a e priced separately per container for solid waste
(¢asM1)� r¢cydabl¢ materials antl organic m ¢rials. Atldltion air Cart aR¢r Firs[ cart ons valla bl¢ upon r¢qu¢sS
for an additional m richly charge per cart. ACdltion al Solid Wali¢ Carts are collected oncarper week on customers
regular service Bayo
$olid W acre Lart $ervin¢
MoniM1ly Rate
32 -Gallon Solid Wast¢ Cart, o ¢per week collection
$39J1
64 -Gallon Solid Wast¢ Car; o [Ime per week coll¢ctlon
$56.20
96 -Gallon Solid Wast¢ Cart, o ¢ [Ime per w ek collection
$6251
So11d WasfOAtld(U oriel Cart 6¢rvi� (b¢ynptl RrsY tart)
Mon[bly Ra[¢
32 -Gallon 9olltl Waste Cart, o [Ime per week coll¢c[lon
$35.J4
64 -Gallon 9olltl Waste Carq a ¢time per week collection
- $50.58
96 -Gallon Solid Waste Cart, o time per w¢.ek collection
$5626
tlty o ve¢re
usA waste of canmrma / a eaacaaare wuee nlearnanvaz peg¢ 2 of 4
Exhi bit A � Service Rate $chctlule
Commercial and Multl-Family Collection Service Rales (continued)
crty of neaxcaeere
a/a eascaaem wane <wernatn.es page3 oF4
Solid Waste Bin $ervlce Monthly. Rates
Bin Size /Service
Frequency
1 x weak
2 x week
3 x week
a x week
S x week
6 x week
1 Cubic Yartl
$ 140.19
$ 251J9
$ 36$.J9
$ 48$.69
$ 602.52
N/A
1.5 Cubic Yard
$ 144.28
$ 254.23
$ 3J2.15
$ 490.00
$ 602.80
N/A
2 Cubic Vard
$ 16$.90
$ 292.68
$ 429.06
S 566.04
$ J02.J1
N/A
3 Cublc Yard
$ 2D9.63
$ 36J.O0
$ 53ASJ
$ J16.96
$ 891.39
$ S�OJ8.J6
4 Cublc Yard
$ 253.69
$ 44J.64
$ 656.53
$ 869.36
$ 1�OJ9.J4
$ 1,28280
6 Cubic Yard
$ 330.68
$ 6)5.13
$ J84_SD
$ 1.124.8)
$ 1�399.SH
$ 1�JH6.86
Recycling. Car[ /Bin Service Monthly Rates
Bin Size /Service
Frequency
1 x weeK
2 x w ak
3 x ek
4 x eK
5 x eK
6 x w ck
96 Gal 1`� cart
N/q
$ 64.62e
$ 111.8)
$ 158.84
$ 206.51
N/A
96 addt'I cart
$ 29.85
$ 5820
$ 100.69
$ 142.9%
$ SSS.SJ
N/A
1 Cubic Yard
N/A
$ JH.58
$ 135.9)
$ 192.49
$ 248.45
N/A
1.5 Cubic Yard
N/q
$ 92.53
S 169.30
$ 226.34
$ 292.53
N/A
2 Cublc Vard
N/A
$ 10855
$ 182.59
$ 269.62
$ 336.55
N/A
3 Cublc Yard
N/A
$ 130-06
$ 229.2)
$ 326.68
$ 424.46
$ $22.06
4 Cubic Yard
N/A
$ 15).25
$ 2)206
$ 394.0)
$ 513)3
$ 636.16
6 Cubic Yartl
$ 1J 1.48
$ 324.40
$ 4)8.89
$ 633.12
$ JSJ.46
$ 942.02
Commercial Cart $arvice For Organics
Cart Size/ Service
Fr¢quency
1 x ek
2 x week
3 x we¢k
4 x ek
5 x ek
6 x weeK
32 Gal 1" car[
$ 33)6
$ 65.83
$ 9J-90
$ 129.98
$ 1fi2.05
$ 194.12
32 add['I ca r<
$ 30.45
$ 59.44
$ 88.39
$ 11).35
$ 146.30
$ 1)5.26
64 Gal 1'° cart
$ 50.35
$ 98.18
$ 146.D2
$ 193.85
$ 241.68
$ 289.51
64 atltlt'1 cart
$ 45.52
$ 88)6
$ 132.01
$ 1)825
$ 218.50
$ 264.04
crty of neaxcaeere
a/a eascaaem wane <wernatn.es page3 oF4
ExM1ibit A � $¢rvice Rate Scbetl ule
Additional Services
Not¢: Service cba rges are per Instance unless stated.
R¢s"dentia)
BlllinH Fee
$ 10.9J
Blllin Fee
$
10.9/
Cart Contamination F¢e, nstanc¢
$
56.43
Cart Oeliv¢ /Pick u (
$
22.26
Orlve in Fee 100'-200'¢
$
11A8
Orly¢ In F¢¢ 201' - 300'
$
22.62
❑rlv¢ In F¢¢ than 300'
$
34.00
Extra Ick u Cart Fee (call in/d ri er)
$
9J6
GO Back (R¢sid¢nTial)
$
ZS/
Labor, per hour
$ 130.39
Returned Ch¢ck Ghare¢
$
2i5J
Unr¢Cu rn¢tl 32 -Gallon CaYt
$
86.82
Unr¢tu rn¢tl 64 -Gallon Cart
$ 108.48
Unr¢turn ¢tl 96 -Gallon Cart
$ 130.39
Walk-In/Carry-Ou[5¢rvlc¢, p¢r month
$
13.83
Comm¢rclal / Multlfamll
BlllinH Fee
$ 10.9J
BIn 0¢Ilv¢ry/Plcku
$ 62.28
¢
BIn ContaminaHon Fee, r Instance:
1 Cublc Vartl BIn
$ 112.86
15 Cubic Yard Bln
$ 118.50
2 Caiblc Yartl Bln
$ 141.D/
3 Cublc Yard Bln
$ 169.29
4 Cublc Yard Bln
$ 19 J.50
6 Cublc Yard Bln
$ 253.93
Cart O¢IIv¢ry/Pick up (per xrip)
$ 22.26
Cart Contamination Fee. nstanc¢
$ 56.43
0riv¢-in SDO'-200', Per bin,¢r
¢kl ¢, P¢r montM1
$ 11.46
0¢iv¢-In 2D1 ¢3DD', per bin,
¢kly s¢rvic¢, per month
$, 22.62
0¢riv¢ �n 2D1'-300'. per bin.
¢kIV s¢rvlc¢, n[b
¢Ick
$ 34.D0
Extra u Bln F¢¢ (call In/drlv¢r]
$ 62:2H
Extra pick u Cart F¢¢ (call In/drlv.¢r)
S 9J6
Go Back Comm¢tdal
$ 13.69
Labor. rhour
5130.39
Lock Fee, r bin. Doth. -nstanc¢
r
$ 22-/2
Lock Bar /Lock 8a K¢ r btn. Doth
$ /4.62
R¢turn Ch¢ck Cbar ¢
$ 21.SJ
Roll Ou[/Pull Out F¢¢, per bin
¢kl ¢, per mon[M1
$ 33-13
Roll OuVPull Out F¢¢, p¢r bin
Per w¢¢KIY servic¢, P¢r month
$ 33.13
Roll Ou[/Pull Ou[ F¢¢, p¢r bin,
¢¢kl rvlc¢, nCh
$ 33.13
Unretu m¢d532-Gallon Cao
$ 86.82
Unr¢turn¢d 64 -Gallon C rt
$ 108.48
Unr¢turn¢d 96 -Gallon Cart
$ 130.39
city ni gtxcatle.0
a / a eaacaac.o waac nkcma[n,¢: Page 4 of 4
EsfecWi�c sc�e..�.lne z, zpza
EXHIBIT B
P IJ BLIC FACILITY LOCATIONS 8. SERVICES
Exhibit B -Public Facility Locations 8.. services
Ina oraance witM1 section s.9, contracto sball provide Collection ane oispo al s a to exterior snlia
Waste, Recyclable Material, antl Orga me Mate nal Containers at Public Facilities. Tbe'locations antl
service levels are as follows:
Location /Address
Service Cev¢I
(1)-4CV Solid Waste Bin x 1/week
1. City of Atascadero Paloma Creek Pa rK
(1) — 4CY Recyclable Material Bin x 1/weeK
Vie)o Camino
(1)— 64 -Gallon Organic Mate rlal Cart x 1/week
1) — 40 CY Solid Waste Bin on Call
2. Fire Station 1
(1) — 2CY Solid Wasie Bin x 1/weeK
6005 Lewis Avenue (Split Bin)
(1)— 2CV Recyclable Material Bin x 1/weeK
(1) -96 -Gallon Organic Material Calix 1/week
3. Fir¢ Station 2
(1)-3CV Solid Waste Bin x 1/week
9801 West Front Road
(1) —96 -Gallon Recyclable Material CaK x 1/w¢¢K
(1) -96 -Gallon Organic Material Cart x 1/week
(1) —2CY Solid Waste Bin x 1/WeeK
4. Colony Pa rK ffi Community Center
(1)-3CV Solid Waste Bin x1/weeK
5599 Tra Kic Way
(1) — 3CY R¢cycl¢ Bin x 1/week
(1) -64 -Gallon Organic Material Cart x 1/week
(2)-3CY Solid WaSLe Bin x 3/w¢eK
(1) — 6CY Recyclable Material Bin x 1/weeK
(1) — 3CY Solitl waste BIn x 2/week
5. La k¢ Park ffi Cha ries Paddock Zoo
(1I - 3CY Recyclable Material Bin x 1/week
9305 Pismo Avenue
(5) -90 -Gallon Solid Waste Ca rtx 1/week
(3) -90 -Gallon Rccycla bl¢ Material Ca r[x 1/week
on calla edea to nts
(5)— 64 -Gallon Organic Material Cart x 1/week
(1) — 40 CV Solid Waste Bin on Call
6. Police O¢partment
(1) — 2Cy Solid Wast¢ Bins x 1/week -split
5505 EI Camino Real (Split Bin)
(1) — 2CY Rccycla bl¢ Material Bin x 1/week -split
(1) — 96 -Gallon Organic Material Cars % 1/Week
7. Alvord Field 8a Veterans Memorial
(1) — 3CY Solid Waste Bin x 1/weeK
8056/8038 Po rtola Roatl
(1) — 64 -Gallon Organics x 1/weeK
(1) — 90 Gallon Recycle Cart x 1/week
(1) — 1CY Solid Waste Bin x 1/week
(i) — 90 -Gallon Orga nlc Material Cart % 1/weaK
8. City of Atascadero
(4) — 90 -gallon Recyclable Material Cartx 1/week
8005 Gabarda Rtl—Wast¢Wat¢r Treatment Plant
(1)-2C'Y SOI1d Waste Bin xl/week—Split
(1)— 2CY Recyclable Material Bin x 1/week -split
(2)-4CY Solid Waste Bin x 1/week
(1) -90 -Gallon Solid Waste CaK x 1/week
ea�caoe xp<emnv 1, zoza Page 2 of 3
Locatton / Adtlress
se..rice Ley¢I
9. A -Town Skate Park
(1) — 2CV Solid waste BIn x 2/week
5493 Traffic Way
(1) — 2CY RecYcla ble Material Bin x 1/week
(1) — 96 -Gallon Organic Material Cart x 1/week
i0. CRy of Atascadero
(1) — 3Cv Solitl Waste Bin x 2/week
Pavilion on the Lake
(1) — 3CY Recyclabl¢ Material Bin x-1/week
9315 Pismo Av¢.
(1) — 64 -Gallon Organic Mat¢rial Cart x 1/week
11. City of Atascatlero
(6) — 90 -Gallon Solid Waste Car[ x 1/week
City Mall Palma Avenue
(6) -90 -Gallon R¢cycla ble Material Cartx 1/week
(3) — 96 -Gallon Organic Mat¢rial Cart x 1/week
(1) - 30 Cublc Yartl Solitl Waste Roll -OH Bin x On
Ca II
12. OYy of Atascatlero Corporation Vard
(1) - 40 Cubic ya rd Green Waste Roll -Off Bin
8005 Ga ba rda - On Call
stationary at yard x On Call
(1) - 10 Cubic Yard Concr¢te Bin x On Call
(Z) 90 -gallon Solid Waste Cartx 1/weeK
(5) 90 -gallon Rec clable Material Cart x 1/week
(2) 4O Cubic Vard Solid Wast¢ Roil -Off Blns x On
13. Traffic Way Malntena nce Yard
Call
5599 Traffic Way - On Call
(1) 40 Cubic Yard Green Wast¢ Rp11-Off Bin x On
Ca I I
14. Future Ciiy FaciliM
(1)-4 CY Solitl Wase Bln x 1 week
(Atld ress to be tleterminad by the Ciiy at a future
(3) — 3Cv Recyclable Material Bin x 1 week
date)
(2)-64 Gallon Organics Mate rlal Cartx 1/week
crcv er a
Ew�eerv� sepxembe. a, mzs Page 3 of 3
EXHIBIT C
f1U F39 C�7_\:7 4iFy S�Z�7_\I II C�7 � F'i=�'7 �:i�I C�T�9
Exhibit C -Public Areas Locations 8t Services
Purs Ua nYto Section 5.1q Contrador shall provide Cdllec[ion and Ois posal 5 5 to exterior Solid
Waste, Recyclable Mat¢riai, and OrganlC Maferial Cb n[alners in designated Publ c Areas in accordance
with this Exhitiit C. -
Veer -Round Services
Contractor shall provide weeKly Collodions ¢ [o Solid Waste, R¢cycla bl¢ Material, antl Orga nlc
Material Containers in designated public .,Service shall i chid¢ removal of Ois ardetl Materia is
from the City -o ed c Mainers listed halo nd the pro nd replacement of a w liner i ch
Mainers. Se cC shall o n Monday of a ch w eK unle s Montlay i a Holiday i which c
serve would be provided the Following day. The serve locations and cp ntain¢r counts are as follows.
location
n of Containers
Service Leval
1. Atascadero LaK¢ Park:
12
+1/week (Friday)
Veteran's Memorial
2
1/w ek (Monday)
Alvord Field
4
1/week (Monday)
Lake Park /Pavilion /Lake Path
4S
1/weeK (Monday)
2. Sunken Gartlens /City Hall
12
1/week [Monday)
3. Colony Park/Com munity Center
22
1/week (Monday)
4. Paloma Creek Park
24
1/w ek (Monday)
5. Centennial Plaza 8a Bridge
S
1/w ek (Monday)
6. Atascadero Plaza on EI Camino Real ffi Tuhrtel
4
1/w¢eK (Monday)
7. Downtown Sidewalks
15
1/weeK (Monday)
Total Numbet' of Containersi
136
Summ¢rfim¢ Services
In addition to the Year -Round Services Iistetl above. beginning Hie Friday preceding Memorial Day
through the Friday preceding Labor Day, a atlditlonal w eklY Colledbn s rvice of designated Public
Area Solid Waste, Recyclable Material and Organic Material Containers will occ4r on Friday of each
ek, unless Friday is a Holiday i which c rv�ce would be provided the preceding day. Th¢ service
locations and Container counts are as Follows:
Location
N of Containers
Service Lev¢I
1. Sunken Gartl¢ns /City Hall
12
+1/week (Friday)
2. Centennial Plaza Se Bridge
5
+1/week (Friday)
3. Atascadero Plaza on EI Camino R¢al Sa Tunh¢I
4
+1/week (Friday)
a. Downtown Sitlewalks
15
+1/week (Friday)
Total Number df Containers:
36
In the Tutu r¢, the City may requert Contractor to add a adtlltional fourteen [14) containers to Year -
Round Services bringing the total number of containers ton ethan o e hund retl (150) Co ntalners.
Any portion of [hese Fourteen (14) additional containers may be added to Sum merYlm¢ Se rvic¢s a
eedetl. R¢q nests shall be made in writing at least thirty (30) days in advance of requested service start
date.
esreeewe sePe�mn
e mi. aoa3 Paget oF2
STREET SWEEPING
Exhibit � —Street Sweeping
The Contractor shall provide street sweeping services on tM1e streets or portions of streets listetl below
at the designated frequ nry. The streets aping s sM1all i elude v otary brush sweeping,
and disposal of collected debris. Sw eps sM1all includ cubs and pavement su riaces.
We¢kIY SweeP5
Center Line
Len b
E Camino Real —Santa Barbara Road to Umbn Paclflc Railroad at Hom¢ O¢
36,600 fY.
Oel Rio Rd_ — Manter¢y Rtl. to Obispo Rd.
3,200 H.
San Anselma Rd. — Mont¢reY Rd. [v EI Ca mino R¢al
1,450 fi.
Traffic W .—Ardilla A e. to Bajada Av¢.
3,200 h.
Eurbaril Av¢. — EI Camino Real to Coromar Av¢.
1,100 h.
Santa Rosa Rd-- EI Camino R¢aI [o Old Santa Rosa Rd.
1,600 h.
Downtown easiness Disirmr
2,OOD f[.
Olm¢da Ave. -Traffic W SD West Mall
600 f[.
Lewis Ave./Ca istrano Ave. - Traffic W . tD Hwy. 41
1,400 ft.
Palma Ave —Traffic W n East Mall
650 f[.
Eniratla Ave. — EI Camino Real [n Lewis Avc.
750 f[.
West Mall — EI Camino Real to Ca istrano Ate¢.
2,15D f[.
East Mall — EI Caminn Real to Lewis Av¢.
800 P[.
To[al A mate.F¢e[
59 20D ft.
To[al A mate Mlles
1027 m
MonYhIY Swee Ps
Centet Line
Len h
Mutt FFam11 DlstNc[s:
Santa Ysabel Ave. —Hwy. 41 to Curbarll Ave.
4,150 R.
Robles Av¢. —Santa Ysab¢I Av¢. [o Sombnlla Ave.
450 R.
Pueblo Ave. —Sombnlla Av¢. to EI Caminn R¢al
1,200 f[.
Sinaloa Ave. —Pueblo Av¢. [o Curbarll Av¢.
1,250 ft.
Vie'o Camino— EI Camino R¢al tv La Palma Ct
1,000 ft.
A[ascad¢ro Ave., Atascadero Mall to ADO' SoutM1 of Morro Rd.
2,OOD f[.
Tecorida Ave.—Marcbant AV¢.Yo San Andres AVe.
1,3DD ft.
commercial Diso-mss�
West Ftont Rd. — Por[ola Rd.Yo Santa Rasa Rtl.
1,300 h.
Atascad¢ro Mall/Ardilla Ave. —Traffic W to Atascad¢ro Av¢.
1,400 f[.
East Fron[ ftd./San Gabri¢I Rd. —Santa Rosa Rd. tD EI Cam o R¢al
1,900 ft.
Ca istrano Ave. —Lewis Ave. to West Mall
1,70D h.
Pu¢blp Av¢. $Hn Luis Ava. — EI Camino Real to Curbarll Ave.
1,65D ft.
Total A mat¢ F¢et
20,OOD fY.
Total A mate Milds
3.79 mI.
The Con[ractor shall request from its subcontractor providing street sweepings s montM1ly reports
of street litter r vel ands eeping services undertaken by the su bcontractop including areas s cad,
the dates antl times of the service antl a unt of disposed materials_ Contractor shall coordinate with
the Public Works �Irec[or or their tlevg ee to schedule a permanent street sweeping schedule in order
£or the Clty to Install appropriate signage. The Street Sweeping schedule may be modified in accordance
with Sec[ioq 4.5 (City Request [o OIreR Changes and CM1a ages In Lawj.
Page 1 of 1
��f�lIF7YY?
REPORTS
Exbibii E I Reports
City of Atasca dero
Effective JUIy 1, 2023
Exhibit E -Reports
Ina ordance with Sections 9.2.2 and 9.2.3 of the Agreement, Contractor shall provide monthly antl
annual reports containing the following information:
1. Solid Waste, Recyclable Materials, antl Orga c Materia is collected in tons, by month, nd
cumulative For report year sor[¢d by material type and type of Customer.
2. A s ary of Compla nts ret rued in accordance with Section 6.5 by m nth and c ulative for
report year with a restive summary assessment of problem encountered and actions taken
with recom mantlatlons to O[y for improvement.
3. Number of accounts by category for Cacti month of reporting year.
4. Commercial and Residential Solitl Wastes, Recyclable Materials, and Organic MatCria is ContainCr
distributions.
5. Reports dC¢mad n ary for the City or its Third -Party Design a to Fulfill obligations undCr
Applicable Law, inclutling but not lim itetl Lq AB 939, A8 341, AB 1826, AB 576, A6 901, SB 1383
as set Forth in Section 9.2.
oey of ntascaaare PagC 2 pf 2
Ery¢c[rv¢ s¢ptembe� 3. 2023
ix_�_u-3r��
ACCEPTABLE MATERIALS
Exhibit F —Acceptable Materials
SINGLE STREAM SPECIFICATIONS
RECYCLABLE MATERIALS that are acceptable in Recyclable Mafar)als Containers must be source
s¢pa rated hom SolidWaste and Organic Matarla ls, dry, loos¢ (no[ baggetl), unshretltletl, empty, antl
mclud¢ ONLY tb¢ Following:
luminum ca
N¢wspa per '
PET bottles with Yh¢ symbol #1 —wish screw
Mail
ops only
Mirrors, w"ndow or auto glass
HOPE plastic bottles and containers wRh the
Uncoated paperboard (¢x. cereal boxes, food and
Ymbol #2 (milk jugs, detergent cnntain¢rs, and
ack boxes)
hampoo bottles, etc.)
lim itad to [hose with symbols #3, #4, #6, #7
PP plastic bottles and containers with symbol # 5
Uncoated Paper Products or Printing and WrHing
(ex. yogurt containers, syrup bottles)
Pa
Leel and tin cans
lac ugated c niainers/cardboard
Glass and metal c okware/ba keware
(u oatetl) (e ng boxes, pizza boxes)
Glass food and beverage co n[ain ers—any
Magazines, glossy inserts and pamphlets
Colo
Needles, syringes, IV bags or other medical
Non-Rerycla hies 2ifa[ are not accep[abl¢ in R¢cydable Materials Containers include, but a of limited
[o the following:
Plastic bags and bagged materials
Microwavable trays
(¢yen if containing RecYdables)
-
Po2¢lain and c
Mirrors, w"ndow or auto glass
Li ht bulbs
Coated cardboard
oiled paper, including paper plates and cups
Plastics not listed above including but not
lim itad to [hose with symbols #3, #4, #6, #7
nd u mbered plasLlcs, including utensils, or as
defined -b stat¢ law as n ecydable
Expanded polystyrene
Coat ha ng¢rs
Glass and metal c okware/ba keware
Household a Ila ncesend electronics
Hoses, cords, w
and waste, c ns[rucrion debris, and wood
Flexible plastic orfilm packaging and
Needles, syringes, IV bags or other medical
inti -la minat¢tl male nals
upplf¢s
Food waste and liquids, containers
extiles, cloth, o ny fabric (bedding, pillows,
rvtairting such items
sheets, etc.)
Excluded Materials or containers WMch
Napkins, pa per towels, tissue, paper plates, and
o ntalned Exd utlad Materials
paper cups
ny Recyclable Mater'�a is less than 4" �n size
Propane tanks, Fuel can nist¢rs
bn env dimension)
Batteries
Or a c Waste Solid Waste, or Excluded Waste
Exhibit F I Acceptable Mat¢rla is
ORGANIC MATERIALS
ORGANIC MATERIALS Lbat are acceptable In Organic Materia is Contaln¢rs must be source sepa rated
from Recyclable Mat¢rla is and Solid Waste, and include ib¢ following:
Food Waste
and Trimmings, including shrubbery, tree
n iF containin Or a cMaterials
Ings, yard waste, wood chips, green
¢a leaves
ngs. grass, w etls, leaves, prunings, brancbes,
¢e stumps
dead plants, brush, tree trimmings, deatl trees,
eMlles antl carpets
mall pieces of unpainted and untreated wootl (no
e than 6" n d'a ete nd 3' in le h
Organic Animal Bedding
Food Soiled Paper, inclutling coffee Sliers, paper
Pet waste
ba s, na kens, and tea ba s
Cannabis waste
hopsticks
Corks (naturae
Footl Scraps (inclutling bones)
Flowers and household planes
rganic Holiday decorations. such as pumpkins. or
Christmas trees (free of flocKin rtinsee
Pei Food
od
Manure collected as part of residential customer's
Dial organic materials bin
Materials ibat are not acc¢ptabl¢ in Orga ¢Materials Containers include, bui a of limited to the
following:
Plastic bags and bagged materials
Palm Fronds
n iF containin Or a cMaterials
¢a leaves
rested wood
¢e stumps
ea ots
eMlles antl carpets
Paper Protl ucCs or PNn[ing antl WrlNng Paper
(Inclutling sh redd¢d Paper Protluc[s tar Printing and
titin Pa
Pet waste
pig¢states orrsludges
Bfosolids
olitl Waste, Recyclable Materials, or Exclu tled
este
cffecrve sentembe. a, ;oma Page 3 of 4
Exhibit F I Acceptable Matertals
SOLID WASTE
SOLID WASTE [bat is acc¢pfable In Solid Wase Conta lners a e pu[r¢sci ble antl n n-putrescl ble solid, semisolid,
and Iiquidwastes that are source separated from Organic Waste and Recyclable Materials, including:
Garbage, [rash, refuse, and ru bblsh
sbes
Industrial Wastes
ba ndoned ve hlcles and parts thereof (that do not
teed tM1e see of the Gontamer)
Non -Hazardous sewage tM1at is dewatered, treated
cdemically Fixed
Householtl Hazardous Waste (tle m
antities raced at Resitle ntla l,Premises only)
Pet Waste
Materials that are no[ acceptable in Solid Wasta Containers include, but a not limi[etl to the following:
Cga�
Excluded Was[¢
E -Waste
Recyclable Materials, Organic Waste, or Excluded
rite
Manure
Hazardous ga Radbactiva Waste
All Materials listetl on this Exhibit will be those a ce ptable as defined by State Law. For consistency purposes, all
cepta ble materials detailetl on this Exhibit are in conformance with those materials identified by the City or Its TM1irtl-
Party design¢¢ and Contractor as materials acceptable in tb¢ County of San Luls Obispo.
cn.� of w�ascade.o
Efleawe scptembcry zoza Page 4 of 4