HomeMy WebLinkAboutContract 1450-3 (IHt5b- 3
FIRST AMENDMENT TO AMENDED AND RESTATED
FRANCHISE AGREEMENT
This First Amendment to Amended and Restated Franchise Agreement (the "Amendment")
is entered into June 8 2022, by and between the City of Cathedral City ("City") and Burrtec
Waste and Recycling Services, LLC ("Company") (collectively "Parties," or individually
"Party").]
RECITALS
WHEREAS, the City and Company previously entered into that certain Amended and
Restated Franchise Agreement for Integrated Solid Waste Management Services dated July 1.
2020 (the "Agreement"); and,
WHEREAS, SB 1383 regulations require the City to implement collection programs,
meet processing facility requirements, conduct contamination monitoring, provide education,
maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other
requirements; and, the City has chosen to delegate some of its responsibilities to the Company,
acting as the City's designee, and Company desires to take on these responsibilities; and
WHEREAS,the City and Company desire to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the promises above stated and the terms,
conditions, covenants, and agreements contained herein,the Parties do hereby agree as follows:
1. AMENDMENT TO ARTCLE 1.
The following definitions are added to, and/or shall amend the definitions in, Article 1 of
the Agreement, as set forth herein, as applicable. Definitions otherwise contained in the
Agreement and/or any previous amendment(s), but which are not addressed below, shall remain
the same.
"Back-Haul" means generating and transporting Organic Waste to a destination owned and
operated by the Generator using the Generator's own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
"Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used
for the purpose of storage and Collection of Source Separated Recyclable Materials (SSBCOW).
"Commercial Edible Food Generators" includes Tier One Commercial Edible Food
Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14
CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and
Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified
by 14 CCR Section 18982(a)(7).
"Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the
ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section
18984.1(a)(1)(A) or 18984.2(a)(1)(C).
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended
from time to time.
"Edible Food" means food intended for human consumption. For the purposes of this
Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this
Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety
requirements of the California Retail Food Code. If the definition in 14 CCR Section
18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section
18982(a)(18) shall apply to this Agreement.
"Environmental Fee" means the fee paid by Company to the City to fund the City's costs of
Solid Waste management and implementation of SB 1383, including education and outreach as
well as monitoring,reporting and administration requirements.
"Excluded Waste" means Hazardous Substance, Hazardous Waste, Infectious Waste,
Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste,
and toxic substances or material that Facility operator(s) reasonably believe(s) would, as a result
of or upon acceptance, transfer, processing, or Disposal, be a violation of local, State, or Federal
law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be
Disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in
Company's reasonable opinion would present a significant risk to human health or the
environment, cause a nuisance or otherwise create or expose Company or City to potential
liability; but not including de minimis volumes or concentrations of waste of a type and amount
normally found in Single-Family or Multi-Family Solid Waste after implementation of programs
for the safe Collection, processing, Recycling, treatment, and Disposal of batteries and paint in
compliance with Sections 41500 and 41802 of the California Public Resources Code.
"Food Recovery" means actions to collect and distribute food for human consumption which
otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
"Food Recovery Organization" means an entity that primarily engages in the collection or
receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible
Food to the public for Food Recovery either directly or through other entities, including, but not
limited to:
A. A food bank as defined in Section 113783 of the Health and Safety Code;
B. A nonprofit charitable organization as defined in Section 113841 of the Health and
Safety code; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the
Health and Safety Code.
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from
this definition,the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement.
"Food Recovery Service" means a Person or entity that collects and transports Edible Food
from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for
Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26).
"Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry,
seafood, shellfish, bones, rice, beans,pasta, bread, cheese, and eggshells.
"Food-Soiled Paper" means compostable paper material that has come in contact with food or
liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza
boxes, and milk cartons.
"Food Waste" means Source Separated Food Scraps, Food-Soiled Paper, and Compostable
Plastics. Food Waste is a subset of SSGCOW. Edible Food separated for Food Recovery shall
not be considered Food Waste.
"Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used
for the purpose of storage and Collection of Gray Container Waste.
"Gray Container Waste" means Solid Waste that is collected in a Gray Container as specified
in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section
17402(a)(6.5). Gray Container Waste may specifically include carpet, Non-Compostable Paper
and textiles.
"Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be
used for the purpose of storage and collection of Source Separated Green Container Organic
Waste (SSGCOW).
"Hauler Route(s)" means the designated itinerary or sequence of stops for each segment of the
City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
"Large Event" means an event, including, but not limited to, a sporting event or a flea market,
that charges an admission price, or is operated by a local agency, and serves an average of more
than 2,000 individuals per day of operation of the event, at a location that includes, but is not
limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or
other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38)
differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this
Agreement.
"Large Venue" means a permanent venue facility that annually seats or serves an average of
more than 2,000 individuals within the grounds of the facility per day of operation of the venue
facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility
includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium,
amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum, theater, or other public
attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a site
under common ownership or control that includes more than one Large Venue that is contiguous
with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section
18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall
apply to this Agreement.
"Non-Compostable Paper" includes, but is not limited to, paper that is coated in a plastic
material that will not breakdown in the composting process, or as otherwise defined in 14 CCR
Section 18982(a)(41).
"Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes
including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in
14 CCR Section 18982(a)(43). Non-Organic Recyclables are a subset of Source Separated
Recyclable Materials.
"Organic Waste" means Solid Wastes containing material originated from living organisms and
their metabolic waste products including, but not limited to, food, yard trimmings, organic
textiles and carpets, lumber,wood,paper products,printing and writing paper, manure, biosolids,
digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and
digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5),
respectively.
"Performance-based Compliance Approach" means the method of complying with the SB
1383 Regulations through implementation of a collection system, programs, and policies in
accordance with 14 CCR, Division 7, Chapter 12, Article 17, or as otherwise defined by
18982(a)(52.5), and all associated requirements.
"Prohibited Container Contaminants" means the following: (i) Discarded Materials placed in
the Blue Container that are not identified as acceptable Source Separated Recyclable Materials
for the Blue Container; (ii) Discarded Materials placed in the Green Container that are not
identified as acceptable SSGCOW for the Green Container; (iii) Discarded Materials placed in
the Gray Container that are acceptable Source Separated Recyclable Materials and/or SSGCOW
to be placed in the Green Container and/or Blue Container; and (iv) Excluded Waste placed in
any Container.
"SB 1383 Regulations" or "SB 1383 Regulatory" refers to the Short-Lived Climate Pollutants
(SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020
that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR
and 27 CCR.
"Source Separated" means materials, including commingled Recyclable materials, that have
been separated or kept separate from the Solid Waste stream, at the point of generation, for the
purpose of additional sorting or processing those materials for Recycling or reuse in order to
return them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products which meet the quality standards necessary to be used in the marketplace,
or as otherwise defined in 14 CCR Section 17402.5(b)(4).
"Source Separated Blue Container Organic Waste" or"SSBCOW" means Source Separated Organic
Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes
and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section
17402(a)(18.7).
"Source Separated Green Container Organic Waste" or "SSGCOW" means Source
Separated Organic Waste that can be placed in a Green Container that is specifically intended for
the separate collection of Organic Waste by the generator, excluding Source Separated Blue
Container Organic Waste, carpets,Non-Compostable Paper, and textiles.
"Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables
and SSBCOW.
"Standard Compliance Approach" means the method for complying with the SB 1383
Regulations through implementation of a collection system pursuant to 14 CCR, Division 7,
Chapter 12, Article 3, and all associated program and policy requirements.
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator
that is one of the following, each as defined in 14 CCR Section 18982:
A. Supermarket.
B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
C. Food Service Provider.
D. Food Distributor.
E. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply
to this Agreement.
"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator
that is one of the following, each as defined in 14 CCR Section 18982:
A. Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet.
B. Hotel with an on-site food facility and 200 or more rooms.
C. Health facility with an on-site food facility and 100 or more beds.
D. Large Venue.
E. Large Event.
F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size
equal to or greater than 5,000 square feet.
G. A local education agency with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply
to this Agreement.
2. GENERATOR WAIVER PROGRAM COORDINATION.
Section 2.14 "Generator Waiver Program" is added to the Agreement as follows:
In accordance with SB 1383 regulations and the City's Municipal Code, the City may
grant waivers (de minimis, physical space or Collection frequency)to Generators that impact the
scope of Company's provision of service for those Customers. Waivers issued shall be subject to
compliance with SB 1383 regulatory requirements, pursuant to 14 CCR Section 18984.11, and
the City's Municipal Code. If using a Performance-based Compliance Approach, the City agrees
it will only grant waivers if at least ninety percent(90%) of Single-Family Generators and ninety
percent (90%) of Commercial Generators (including Multi-Family Generators) participate in the
three-Container Collection program. Company agrees to coordinate and cooperate with the City
to meet in connection with its waiver program, as required by SB 1383 regulations.
3. AMENDMENT TO SECTIONS 4.5.5 AND 4.6.6. Sections 4.5.5 and 4.6.6 of
the Agreement is deleted in its entirety and the following is substituted in its stead:
THREE-CONTAINER SYSTEM.
General. Company shall provide a three-Container Collection program for the
separate Collection of Source Separated Recyclable Materials, SSGCOW, and Gray Container
Waste as specified in this Agreement, using Containers that comply with the requirements of this
Agreement and SB 1383 regulations. Company shall not knowingly Collect Blue, Green, or Gray
Containers that include Prohibited Container Contaminants.
Source Separated Recyclable Materials Collection (Blue Container). Company shall
provide Blue Containers to Customers for Collection of Source Separated Recyclable Materials
and shall provide Source Separated Recyclable Materials Collection service, Company shall
Transport the Source Separated Recyclable Materials to Facility that recovers the materials
designated for Collection in the Blue Containers, in accordance with SB 1383 regulations.
Source Separated Recyclable Materials that are to be accepted for Collection in the
Source Separated Recyclable Materials Collection program include the following: (i) Non-
Organic Recyclables such as: aluminum, glass bottles and jars, rigid plastics (marked# 1 through
# 7), and tin and bi-metal cans; and (ii) SSBCOW such as: paper products, printing and writing
paper.
SSGCOW Collection (Green Container). Company shall provide Green Containers to
Customers for Collection of SSGCOW and shall provide SSGCOW Collection service.
Company shall Transport the SSGCOW to a Facility in accordance with SB 1383 regulations.
SSGCOW that are to be accepted for Collection in the SSGCOW Collection program
include the following: Food Scraps; Food-Soiled Paper; yard trimmings, which are defined
below; and wood and dry lumber. Carpets, non-Compostable Paper, textiles, and Prohibited
Container Contaminants shall not be Collected in the Green Containers. Yard trimmings that are
to be accepted for Collection in the SSGCOW Collection program include the following: green
trimmings, grass, weeds, flowers, leaves, prunings, branches, dead plants, brush, tree trimmings,
dead trees weighing no more than 50 lbs., and other types of SSGCOW resulting from normal
yard and landscaping installation, maintenance, or removal, provided all SSGCOW fits inside the
Green Container with the lid closed and does not exceed 150 pounds.
Company may Collect compliant Compostable Plastics, as defined, in the Green
Containers for processing. Company shall provide written notification to the City that the
Facility can or cannot Process and recover these Compostable Plastics in accordance with SB
1383 regulations. If the Facility can process and recover Compostable Plastics, and Company
elects to Collect Compostable Plastics in the Green Container, then Company shall provide
written notification to the City that the Facility has and will continue to have the capabilities to
Process and recover the Compostable Plastics. If the Facility cannot process and recover
Compostable Plastics, then Company will notify City and not Collect Compostable Plastics in
the Green Container.
Gray Container Waste Collection. Company shall provide Gray Containers to
Customers for Collection of Gray Container Waste, and shall provide Gray Container Waste
Collection service. Company shall Transport the Gray Container Waste to a Facility that
processes waste, in accordance with the SB 1383 regulations. Company may allow carpets, Non-
Compostable Paper, and textiles to be placed in the Gray Containers. Prohibited Container
Contaminants shall not be Collected in the Gray Containers.
USE OF PLASTIC BAGS FOR SSGCOW COLLECTION.
Company may require Customers and Generators to place Food Waste in plastic bags or
other paper wrappings and put the bagged or wrapped Food Waste in the Green Container.
Company shall provide written notification to the City that allowing the use of bags does not
inhibit the ability of the City to comply with SB 1383 regulations, and that the Facility can
Process and remove plastic bags when it recovers SSGCOW. Company shall provide written
notification to the City should the Facility no longer have the capabilities to Process and remove
plastic bags when it recovers SSGCOW.
CONTAMINATION MONITORING.
Upon finding Prohibited Container Contaminants in a Container, Company shall follow
the protocols set forth in this Section.
A. Actions upon Identification of Prohibited Container Contaminants.
1. Record Keeping. The driver or other Company representative shall record
each event of identification of Prohibited Container Contaminants in a written log or in
the on-board computer system including date, time, Customer's address, type of
Container (Blue, Green, or Gray Container); and maintain photographic evidence, if
required.
2. Courtesy Pick-Up Notices. Upon identification of Prohibited Container
Contaminants in a Customer's Container, Company shall provide the Customer a
courtesy pick-up notice either by putting a tag on the Customers containers or a
documented phone conversation. The courtesy pick-up notification (tag or documented
conversation) shall: (i) inform the Customer of the observed presence of Prohibited
Container Contaminants; (ii) include the date and time the Prohibited Container
Contaminants were observed; (iii) include information on the Customer's requirement to
properly separate materials into the appropriate Containers, and the accepted and
prohibited materials for Collection in the Blue Container, Green Container, and/or Gray
Container; (iv) inform the Customer of the courtesy pick-up of the contaminated
materials on this occasion with information that following three instances of Prohibited
Container Contaminants within a six-month time period, Company may assess
contamination processing fees; and, (v) may include photographic evidence. Company
shall either leave the courtesy pick-up notice attached to or adhered to the Generators'
contaminated Containers or document a conversation Contractor had with the Customer
regarding Prohibited Containers Contaminants found as required above. Contractor may
also leave the tag at the Premises' door or gate; or may deliver the notice by mail, e-mail,
text message,or other electronic message.
3. Notice of Assessment of Contamination Processing Fees. If the
Company observes Prohibited Container Contaminants in a Generator's Container on
more than three consecutive occasions within a six-month time period, and issued
courtesy pick-up notices on each of those occasions, the Company may impose a
contamination processing fee of $15 for residential customers and $75 for commercial
customers. Company shall notify the City in its quarterly report of Customers for which
contamination processing fees were assessed. The contamination processing fee notice
shall describe the specific material(s) of issue, explain how to correct future set outs, and
indicate that the Customer will be charged a contamination processing fee on its next bill.
B. Disposal of Contaminated Materials. If the Company observes Prohibited
Container Contaminants in a Generator's Container(s), Company may Dispose of the Container's
contents,provided Company complies with the noticing requirements in subsection A above.
ROUTE REVIEWS AND WASTE EVALUATIONS.
Company shall meet its SB 1383 Regulations contamination monitoring requirements
using either Route Reviews or Waste Evaluations; provided however, that if Company complies
with SB 1383 Regulations using a Performance-based Compliance Approach, it shall monitor
containers using waste evaluations, as outlined herein:
A. Route Reviews
1. If Company elects to perform Route Reviews, Company shall, at its sole
expense, conduct Hauler Route reviews for Prohibited Container Contaminants in
Collection Containers in a manner that is deemed safe by the Company; is approved by
the City; is conducted in a manner that results in all Hauler Routes being reviewed
annually, and is consistent and in accordance with SB 1383 Regulations. Containers may
be randomly selected along the Hauler Route. This Section should not be construed to
require that every container on a Hauler Route must be sampled annually.
2. Upon finding Prohibited Container Contaminants in the Container,
Company shall follow the contamination monitoring noticing procedures herein.
B. Waste Evaluations
Alternatively, if Company elects to perform Waste Evaluations, Company shall, at its
sole expense, conduct waste evaluations that comply with and meet the requirements of 14 CCR
Section 18984.5(c). The City maintains the right to observe, or hire a third party to observe, the
waste evaluations.
1. Sampling Method, Study Protocols. The Company shall conduct waste
evaluations for Prohibited Container Contaminants by sampling the contents of Containers on
Hauler Routes in the following manner:
a. If using a Standard Compliance Approach, Company shall conduct waste
evaluations at least twice per year and in two distinct seasons of the year in a manner that
complies with the requirements of 14 CCR section 18984.5(c). If using a Performance-
based Compliance Approach, Company shall conduct waste evaluations at least twice per
year for the Blue and Green Containers and at least once per quarter for the Gray
Containers.
b. The Company's waste evaluations shall include samples of Source
Separated Recyclable Materials, SSGCOW, and Gray Container Waste.
c. The waste evaluations shall include samples from each Container type
served by the Company and shall include samples taken from different areas in the City
that are representative of the City's waste stream.
d. The waste evaluations shall include at least the minimum number of
samples specified in SB 1383 Regulations.
e. The Company shall Transport all of the material Collected for sampling to
a sorting area at a permitted solid waste Facility where the presence of Prohibited
Container Contaminants for each Container type shall be measured to determine the ratio
of Prohibited Container Contaminants present in each material stream by weight. To
determine the ratio of Prohibited Container Contaminants, the Company shall use the
following protocol:
i. The Company shall take one sample of at least a 200 pounds from
the material Collected from each material stream for sampling.
ii. The 200-pound sample shall be randomly selected from different
areas of the pile of Collected material for that material stream.
iii. For each 200-pound sample, the Company shall remove any
Prohibited Container Contaminants and determine the weight of Prohibited
Container Contaminants.
iv. The Company shall determine the ratio of Prohibited Container
Contaminants in the sample by dividing the total weight of Prohibited Container
Contaminants by the total weight of the sample.
2. Contamination Response. If the sampled weight of Prohibited Container
Contaminants exceeds twenty-five percent (25%) of the measured sample for any material
stream,the Company shall:
a. If using a Performance-based Compliance Approach, notify the City
within [fifteen (15)] working days of the waste evaluation.
b. Within fifteen (15)] working days of the waste evaluation, notify all
Generators on the sampled Hauler Route of their requirement to properly separate
materials into the appropriate Containers. The Company may provide this information
by placing a written notice on the Generators' Containers or the gate or door of the
Premises; and/or by mail, email, or electronic message to the Generators.
c. If using a Performance-based Compliance Approach, Company shall
allow a representative of the City and/or CalRecycle to oversee its next scheduled
quarterly sampling of the Gray Containers, upon request.
3. Material Exceptions. Organic Waste that is textiles, carpet, hazardous wood
waste, human waste, pet waste, or material subject to a quarantine on movement issued by a
County agricultural commissioner is not required to be measured as Organic Waste when
calculating the amount of Organic Waste present in the Gray Container Waste.
C. Recordkeeping Requirements. Company shall maintain all applicable records
required under SB 1383 Regulations, and report to the City on a monthly basis on contamination
monitoring activities, route reviews and/or waste evaluations, and actions taken.
D. Alternative Methods. Nothing in this section shall prohibit Company from
meeting its compliance requirements by any alternative methods or procedures, provided it
complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be
amended from time to time.
4. INSPECTION AND ENFORCEMENT.
Section 4.7.14 "Inspection and Enforcement" is added to the Agreement as follows:
No later than November 1, 2022, Company shall assist the City with and/or conduct
applicable inspections and enforcement, to the extent delegable, as required by SB 1383
Regulations.
Company shall maintain all applicable records from inspection in accordance with SB
1383 regulations.
5. PROVISION FOR RECOVERED ORGANIC WASTE PRODUCT.
Section 4.7.15 "Inspection and Enforcement" is added to the Agreement as follows:
Company agrees to coordinate and cooperate with the City to meet its Organic Waste
produce procurement target, as required by SB 1383 regulations.
6. CONTAINER REQUIREMENTS.
Section 4.8.3.1.6 "Container Requirements" is added to the Agreement as follows:
Company shall use the Company-provided Collection Containers that are currently
located at Customers' Premises or provide Customers with Collection Containers from
Company's current inventory.
No later than January 1, 2036, Company shall provide all Customers with Collection
Containers that comply with the Container color requirements specified in this Agreement or as
otherwise specified in the SB 1383 regulations. Notwithstanding this Section, the Company is
not required to replace functional Containers, including Containers purchased prior to January 1,
2022, that do not comply with the color requirements of this Agreement prior to the end of the
useful life of those Containers, or prior to January 1, 2036,whichever comes first.
7. LABELING REQUIREMENTS
Section 4.8.3.1.7 "Container Requirements" is added to the Agreement as follows:
Beginning January 1, 2022 (or if using the Performance-based Compliance Approach),
then until color compliant containers are provided, Company shall place a label on the body or
lid of each new Container that has been provided to a Customer that includes language or graphic
images, or both, that indicate the primary materials accepted and the primary materials
prohibited in that Container. Labels shall clearly indicate items that are Prohibited Container
Contaminants for each Container.
8. COMPLAINTS.
The following provision is added to Section 5.2.2:
Investigation of SB 1383 Regulatory Non-Compliance Complaints. Company shall
commence an investigation, within thirty (30) days of receiving a Complaint in the following
circumstances: (i) upon Contractor receipt of a Complaint that a Customer may not be compliant
with SB 1383 Regulations and if City determines that the allegations against the Customer, if
true, would constitute a violation of SB 1383 Regulations; and, (ii) upon City request to
investigate a Complaint received by the City, in which the City determines that the allegations
against the Customer, if true, would constitute a violation of SB 1383 Regulations. Company is
required to investigate Complaints against Customers and Customers, but not against Food
Recovery Organizations, or Food Recovery Services.
Company shall investigate the Complaint using one or more of the methods:
1. Reviewing the Service Level of the Customer that may not be compliant with SB
1383 Regulations.
2. Reviewing the waiver list to determine if the Customer has a valid de minimis or
physical space constraint.
3. Reviewing the Self-Haul registration list to determine if the Customer has
registered and reviewing the Customer's reported Self-Haul information;
4. Inspecting Premises of the Customer identified by the complainant, if warranted;
and/or,
5. Contacting the Customer to gather more information, if warranted.
Within ten (10) working/calendar days of completing an investigation of an SB 1383
Regulatory non-compliance Complaint, Company shall submit an investigation
Complaint report that documents the investigation performed and recommends to the
City on whether or not the Customer investigated is in violation of SB 1383 Regulations
based on the Contractor's investigation. The City Manager or his or her delegate shall
make a final determination of the allegations against the Customer.
9. EDUCATION AND OUTREACH.
Section 5.3.5 "SB 1383 Education and Outreach" is added to the Agreement as follows:
A. Company shall create all applicable education materials and conduct all education
programs and activities as provided by and in accordance with the SB 1383 regulations.
Company shall cooperate and coordinate with the City on public education activities.
B. On or before October 1, 2022, the Company shall develop a list of Food Recovery
Organizations and Food Recovery Services operating within the City, maintain the list on the
Company's City-specific website, share the list with the City if the City wants to post the list on
additional City websites, and update the list annually. The list shall include, at a minimum, the
following information about each Food Recovery Organization and each Food Recovery Service:
1. Name and physical address;
2. Contact information;
3. Collection service area; and,
4. An indication of types of Edible Food the Food Recovery Service or Food
Recovery Organization can accept for Food Recovery.
C. At least annually, the Company shall provide Commercial Edible Food
Generators with the following information:
1. Information about the City's Edible Food Recovery program;
2. Information about the Commercial Edible Food Generator requirements
under 14 CCR, Division 7, Chapter 12, Article 10;
3. Information about Food Recovery Organizations and Food Recovery
Services operating within the City, and where a list of those Food
Recovery Organizations and Food Recovery Services can be found; and,
4. Information about actions that Commercial Edible Food Generators can
take to prevent the creation of Food Waste.
D. The Company may provide the information required above by including it with
regularly scheduled notices, education materials, billing inserts, or other information
disseminated to Commercial Businesses.
E. Company shall comply with all applicable public education and outreach record
keeping and reporting requirements as provided by SB 1383.
10. DISPOSAL AND RECYCLING PROCESSING CHARGES.
The following provision is added to Section 6.4 of the Agreement:
In April of each year, the Company shall submit to City the following: (1) the amount of
the Gate Rate charged for the immediately preceding fiscal year; and (2) a statement of the Gate
Rate actually paid in the immediately preceding fiscal year for refuse disposal and Organic
processing. Contractor shall submit any additional documentation, financial records, accounts
payable and receivable records, weight tickets and other information requested by City, its
agents, auditor, or financial consultants for the purpose of verifying the charged and actual Gate
Rate paid by Contractor for the prior fiscal year. The difference (whether positive or negative)
between the amount in Gate Rates charged in the prior fiscal year, and the amount actually paid
during that same fiscal year shall be taken into account as a separate cost or revenue line by City
in setting Collection rates for the following fiscal year.
11. RECORDKEEPING AND REPORTING.
The following provision is added to Section 8.2.1 of the Agreement:
Company shall maintain all applicable records and assist the City in meeting all
applicable reporting as required by the SB 1383 Regulations. Contractor shall allow City to audit
and inspect such records and reports upon reasonable request.
12. EXHIBIT 1.
Exhibit 1 is hereby amended as attached hereto to reflect rates for the new SB 1383
services and programs.
13. OTHER TERMS AND CONDITIONS UNCHANGED.
Except as expressly amended by the Amendment, all other terms and conditions of the
Agreement shall remain unchanged. In the event of any conflict between the terms and
conditions of this Amendment and the terms and conditions of the Agreement and/or any
previous amendment thereto, the terms and conditions of this Amendment shall prevail and
control.
14. COUNTERPARTS.
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original. All counterparts shall be construed together and shall constitute one
agreement.
IN WITNESS WHEREOF, the City and Company have executed this Agreement as of
the day and year first above written.
CITY OF CATHEDRAL CITY
ATTEST i , .,—,j�h ` i !1 4, By: %.6,„e/zZ17 -e,h/v--/--''‘'' :---.
CITY CLERK MAYOR,CITY OF CATHEDRAL
CITY
APPROVED AS TO FO .
CITY ATTORNEY
BURRTEC ' �'/.TE • D RECYCLING SERVICES, LLC
By: ��
r
Name: Cole Burr,President