Local Government Clauses for Transforming Waste Streams in Communities

Sample Zero Waste Contract and Franchise Agreement Clauses

The following clauses have been used in local government contracts and agreements and are provided as examples for local governments considering franchise agreements:

• Zero Waste Recitals
• Definitions
• Incentives, Penalties, Extensions
  • ​Incentives
  • Penalties
  • Extensions
• Compliance with Mandatory Diversion or Recycling and Composting Requirements
• Require Contractor to Recycle and Compost / Allowable Contamination
• Reuse Requirements
• Composting and Food Scraps Collection
• Require Productive Market Use of Yard Debris and Other Organic Materials
• Redirect Materials to Local Markets
• Reporting Requirements
• Education and Outreach
• Equal Capacity Bin Size and Frequency
• Equal Services for Multi-Family Customers
• Source Separation Preference
• Every-Other-Week Recycling Collection
• Purchasing Preferences (Green Vehicles & Products)
• Innovations Clauses
• Collection from Special Events
• Electronics Waste Certification

Zero Waste Recitals

WHEREAS the Board of Directors of the [Novato Sanitary] District declares its intention of maintaining reasonable rates for the collection, transportation, recycling, reducing, composting, and disposal of solid waste and other services related to meeting and maintaining the District's Zero Waste goal of eighty percent (80%) landfill diversion by December 31, 2025 and beyond;

WHEREAS, the [Novato Sanitary] District has determined that in order to continue to provide satisfactory service levels at competitive process, modifications or the current manner of providing service are required, which include, increased recycling collection services, and food waste collection services;

WHEREAS, the [Novato Sanitary] District's current franchise agreement requires revisions in order to reflect the changes necessary to implement expanded residential recycling programs, residential, commercial, and multi-family food waste collection programs;
(Novato Sanitary District Franchise Agreement, 2011 (pdf))

WHEREAS, this contract also advances the objectives of the federal government to encourage environmentally sound Garbage management (Resource Conservation and Recovery Act of 1976 (RCRA) 42 U.S.C. section 6941 et seq.);

WHEREAS, in 2006 the City Council of the City of Oakland approved Resolution No. 79774 C.M.S. adopting a Zero Waste Goal by 2020;

WHEREAS, in 2006 the City Council of the City of Oakland approved Resolution No. 80286 C.M.S. adopting a Zero Waste Strategic Plan;
(City of Oakland Disposal Services Contract, 2015)

Definitions

Zero Waste

The term "Zero Waste" derives from applying the principal of sustainability to redefine the concept of waste in our society. Zero Waste principles promote the highest and best use of materials to eliminate waste and pollution, emphasizing a closed-loop system of production and consumption, moving in logical increments toward the goal of Zero Waste through the core principals of:

• Improving "downstream" reuse/recycling of end-of-life products and materials to ensure their highest and best use.
• Pursuing "upstream" redesign strategies to reduce the volume and toxicity of discarded products and materials, and promote low-impact or reduced consumption lifestyles;
• Fostering and supporting use of discarded products and materials to stimulate and drive local economic and workforce development.
  (As defined in Novato Sanitary District Franchise Agreement, 2011)

Anaerobic Digestion ("AD")

Any controlled anaerobic Processing of Input Material that results in the production of methane gas and digestate suitable for Composting.
(As defined in Amended and Restated Agreement between the City of San Jose and Zero Waste Energy Development Company for Organics Processing Services [Commercial Collection, Composting and Anaerobic Digestion] - 2020)

The term "Anaerobic Digestion" shall mean a series of processes in which microorganisms break down biodegradable material in the absence of oxygen to produce biogas.
(As defined in City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Alternative Daily Cover or ADC

Cover material used to cover compacted Solid Wastes in a Disposal Site other than Organic Materials and other than at least six (6) inches of earthen material, placed on the surface of the active face of the refuse fill area at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging, as defined in California Code of Regulations Title 27, Section 20690.
(As defined in City of Fresno Franchise Agreement, 2011)

The term "Alternative Daily Cover" shall mean the layer of compacted material that is placed on top of a day's deposition of waste at an operational landfill site that provides odor reduction and a firm base to operate large equipment. For reporting purposes of this Agreement, ADC is classified as Garbage.
(As defined in City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Community Outreach

Any information (whether written or otherwise) directed by CONTRACTOR to Customers regarding the programs and services provided under this Contract and shall be subject to the prior review and approval of the Contract Manager. The party proposing to make such communication shall make reasonable good faith efforts to consult with the other party to ensure accuracy and consistency with the requirements and spirit of this Contract.
(As defined in City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Contamination/Contaminants

Those chemicals, waste, or other materials that render normally Recyclable Materials and/or Organic Materials unusable or cause them to lose their market value.
(As defined in City of Fresno Franchise Agreement, 2011 (PDF))

The inclusion in a Container designated for Source-Separated Organics or Recyclables of Unacceptable Materials of any amount; or materials other than Organics in the Organics Container, or materials other than Recyclables in a Recyclable Container, which render more than ten (10) percent of the contents of the Container materially unsuitable for intended type of diversion.
(As defined in City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Disposal/Dispose

The final Processing and disposition of Mixed Materials, Garbage and Residue received from the Collection Contractor(s) and CITY by CONTRACTOR under the terms of this Contract onto land located at the Disposal Facility, including but not limited to placement as alternative daily cover, road construction, slope stabilization, or other beneficial uses. Disposal does not include transformation using incineration, pyrolysis, distillation, gasification, biological conversion or other similar methodologies unless authorized by CITY.
(As defined in City of Oakland Disposal Services Contract, 2015)

Diversion

The Diversion from Landfill rate will be calculated as the tons of materials collected by the Company from providing services as specified in this Agreement that are sold or delivered to a Materials Processing Facility, Organic Waste Processing Facility, recycler or re-user, net of all residue, divided by the total tons of materials collected under this Agreement by the Company in each (12) month calendar year (January 1^st – December 31^st).
(As defined in Novato Sanitary District Franchise Agreement, 2011)

To prevent Recyclable Materials, Organic Materials and other materials from Disposal at the Disposal Facility or transformation facilities (including facilities using incineration, pyrolysis, distillation, gasification or biological conversion methods) through source reduction, reuse, recycling and composting, as provided in section 41780 of the California Integrated Waste Management Act of 1989, as such California Integrated Waste Management Act may be hereafter amended or superseded.
(As defined in City of Oakland Disposal Services Contract, 2015)

The avoidance of Disposal at the Disposal Facility or other landfill, or through "transformation" as defined by Public Resources Code section 40201, of any materials Collected pursuant to this Contract, through Processing.
(As defined in City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Garbage

The word "Garbage" means all putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, and discarded commodities that are placed by customers of the Contractor in appropriate bins, bags, cans or other receptacles for collection and disposal by the Contractor. The term Garbage shall not include Hazardous Wastes, Special Wastes, Source-separated Recyclables or compostables.
(As defined by City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

All putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food materials attributed to normal activities of a Service Unit. Garbage must be generated at the Service Unit from which the Garbage is collected. Garbage does not include those items defined as Exempt Waste and does not include materials set out for collection as Compostable Waste.
(As defined by City of San Jose Agreement for Yard Trimmings Collection and Street Sweeping Services, 2011)

The term "Garbage" shall mean all materials that are not recycled and are disposed of or used as alternative daily cover in a landfill, or destroyed by incineration.
(As defined in City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Mandatory Commercial Recycling Requirements

Any rules, regulations and/or protocols of the Mandatory Commercial Recycling Measure (RW-3), which Measure was adopted with the California Air Resources Board Scoping Plan by the California Air Resources Board pursuant to the California Global Warming Solutions Act of 2006 (California Health and Safety Code Sections 38500-38598) ("AB 32"), as implemented by the California Air Resources Board or another appointed agency after the Commencement Date of this Agreement.
(As defined in City of Fresno Franchise Agreement, 2011)

Material Recovery Facility

The term "Material Recovery Facility (MRF)" shall mean a facility that processes refuse or mixed debris for the purpose of removing recoverable materials for recycling, composting, or anaerobic digestion.
(As defined in City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Organic/Compostable Materials, Green Waste, Yard Debris

Compost

Material that is the result of Composting. Compost should be tested through the Seal of Testing Assurance Program ("STA") or other program with comparable requirements.
(As defined in Amended and Restated Agreement between the City of San Jose and Zero Waste Energy Development Company for Organics Processing Services [Commercial Collection, Composting and Anaerobic Digestion] - 2020)

"Compost" means the controlled biological decomposition of Organic Materials and Yard Trimmings and the product resulting from that process. Composting does not include Transformation.
(As defined in City of Palo Alto Agreement for Solid Waste, Recyclable Materials, Organic Materials and Yard Trimmings and Processing Services)

Composting

Any controlled aerobic decomposition process for a period of not less than eight (8) weeks, such 15 that the resulting material meets the maximum acceptable metal concentration limits specified in Section 17868.2, and pathogen reduction requirements specified in Section 17868.3 of Title 14, California Code of Regulations, Chapter 3.1.
(As defined in Amended and Restated Agreement between the City of San Jose and Zero Waste Energy Development Company for Organics Processing Services [Commercial Collection, Composting and Anaerobic Digestion] - 2020)

The term "Composting" shall mean the biological degradation and transformation of organic refuse under controlled conditions designed to promote aerobic decomposition at a solid waste facility.
(As defined in City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Composting or Compost

Includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free Compost Product.
(As defined in City of Fresno Franchise Agreement, 2011)

Composted Material

The term "Composted Material" shall mean organic refuse that has undergone biological degradation and transformation under controlled conditions designed to promote aerobic decomposition at a solid waste facility.
(As defined in City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Compost Product

The product resulting from the controlled biological decomposition of Organic Materials that are Source Separated from the Solid Waste stream, or which are separated at a centralized facility.
(As defined in City of Fresno Franchise Agreement, 2011)

Compostable Waste

Vegetable and other food scraps including meat, dairy products, kitchen grease and bones; paper and cardboard that have been contaminated with food, fat or kitchen grease; 8 compostable paper associated with food preparation or food consumption such as paper towels, paper plates, tissue, waxed paper and waxed cardboard; and other materials designated by the City Representative that are capable of being composted. The material must be generated at the Service Unit from which the Compostable Waste is collected.
(As defined in City of San Jose Agreement for Yard Trimmings Collection and Residential Street Sweeping Services, 2011)​

Food Discard

Material that will decompose or putrefy including pre and post-consumer kitchen and table food scraps; animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; fruit waste; grain waste; dairy waste; meat and fish waste; paper or waxed cardboard contaminated with various food waste.
(As defined in City of San Jose Commercial Solid Waste and Recyclable Materials Collection Franchises Agreement, 2011)

Food Scraps

Food scraps such as those Discarded Organic Materials that will decompose and/or putrefy including: (i) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs, and (ii) paper waste contaminated with food (such as, but not limited to, paper plates, napkins, pizza boxes, and paper towels contaminated with food). Food Scraps is a subset of Organic Materials.
(As defined in City of Fresno Franchise Agreement, 2011)

Food Scraps

Raw or cooked vegetable, fruit, grain, fish or other items, including meat, bones, dairy products, cooking fats, oil or kitchen grease; paper, cardboard, and other compostable items that have been contaminated with food, cooking fats, oil or kitchen grease; compostable or paper or plastics associated with food preparation or consumption, such as paper towels, paper plates, paper cups, tissue, waxed paper and waxed cardboard; and materials agreed upon by the MM&O Collection Contractor and CITY that are capable of being composted and that are set out separate from Mixed Materials for Collection as Organic Materials.
(As defined in City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Foodscraps

The word "Foodscraps" means all compostable pre- and post-consumer food scraps, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds and egg shells, and food-soiled papers such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, paper milk cartons or other paper products accepted by the Contractor's selected composting site. Foodscraps shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials prohibited by the selected composting facility.
(As defined by City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

Food Discards

Material that will decompose or putrefy including pre and post-consumer kitchen and table food scraps; animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; fruit waste; grain waste; dairy waste; meat and fish waste; compostable paper approved by CONTRACTOR, paper or waxed cardboard contaminated with various food waste.
(As defined in Amended and Restated Agreement between the City of San Jose and Zero Waste Energy Development Company for Organics Processing Services [Commercial Collection, Composting and Anaerobic Digestion] - 2020)

Green Waste

Those Discarded Materials that will decompose and/or putrefy, including but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste. Green Waste is a subset of Organic Materials. Green Waste placed in a Container for Collection shall not exceed six (6) inches in diameter and five (5) feet in length.
(As defined in City of Fresno Franchise Agreement, 2011)

Organic Materials

Those Discarded Materials that will decompose and/or putrefy and that the City's Municipal Code permits, directs, and/or requires Generators to separate from Solid Waste and Recyclable Materials for Collection in specially designated Containers for Organic Materials Collection. Organic Materials include Green Waste and Food Scraps such as, but are not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types of organic yard waste, vegetable waste, fruit waste, grain waste, dairy waste, meat waste, fish waste, paper contaminated with Food Scraps, pieces of unpainted and untreated wood, and pieces of unpainted and untreated wallboard. No Discarded Material shall be considered Organic Materials, however, unless such material is separated from Solid Waste and Recyclable Material.
(As defined in City of Fresno Franchise Agreement, 2011)

Plant Debris, Food Scraps, compostable food ware, compostable food containers, compostable paper, horse stable matter and other material agreed upon by both parties that are separated for inclusion in the SFD Organic Materials Collection Service, MFD Organic Materials Collection Service, Commercial Organic Materials Subscription Collection Service or CITY Organic Materials Collection Service programs except for Organic Materials collected at CITY Facilities. Organic Materials must be generated at the Service Address wherein the Organic Materials are Collected. Organic Materials do not include items herein defined as Unacceptable Waste.
(As defined in City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Organic Material

Food Discard and Plant Trimmings. Plastic products labeled as compostable or biodegradable shall not be considered Organic Material unless individually approved by CONTRACTOR.
(As defined in City of San Jose Commercial Solid Waste and Recyclable Materials Collection Franchises Agreement, 2011)

Organic Streams

Organic Material, that contains nor more than thirty percent (30%) paper or fiber materials, which includes OCC/Kraft, wax OCC, books, mixed paper and compostable paper, and no more than .25% glass (one quarter of one percent) by weight per load, Delivered by the FRANCHISEE distinguished by four levels of Organic Stream Contamination at the point of delivery to the Organic Processing Facility:

Organics Stream One: Organic Material with no more than five percent (5%) Organic Stream Contamination by weight per load, and no Exempt Waste.

Organics Stream Two: Organic Material with greater than five percent (5%) and no more than ten percent (10%) Organic Stream Contamination by weight per load, and no Exempt Waste.

Organics Stream Three: Organic Material with greater than ten percent (10%) and no more than twenty percent (20%) Organic Stream Contamination by weight per load, and no Exempt Waste.

Organics Stream Four: Organic Material with greater than twenty percent (20%) and no more than thirty percent (30%) Organic Stream Contamination by weight per load, and no Exempt Waste.

(As defined in City of San Jose Commercial Solid Waste and Recyclable Materials Collection Franchises Agreement, 2011)

Organic Stream Contamination

Non-Organic, non-biodegradable materials including, but not limited to dirt, sod, plastic, rock, metal, rubber, textiles, Styrofoam, plastic coated paper, liquid waste, and glass in amounts greater than .25% (one quarter of one percent) by weight per load.
(As defined in City of San Jose Commercial Solid Waste and Recyclable Materials Collection Franchises Agreement, 2011)

Plant Debris

Any vegetative matter resulting from normal yard and landscaping maintenance or unpainted and untreated wood that is not more than four (4) feet in its longest dimension or more than six (6) inches in diameter or weighs less than seventy-five (75) pounds per individual piece and can be handled by two (2) persons. Plant Debris includes palm, yucca, cactus, grass clippings, leaves, pruning, weeds, branches, brush, holiday trees and other forms of horticultural waste. Plant Debris must be generated at the Service Address from which the Plant Debris is Collected except for material generated on property owned or maintained by CITY. Plant debris does not include items defined herein as Unacceptable Waste.
(As defined in City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Plant Trimmings

Any vegetative matter resulting from normal yard and landscaping maintenance that is not more than five (5) feet long, 6 inches in diameter and no more than 60 pounds. Plant Trimmings include sod, plant debris such as palm, yucca and cactus, grass clippings, leaves, prunings, weeds, branches, brush, Christmas trees, and other forms of horticultural waste generated at the Commercial Premise from which the Plant Trimmings are Collected. Plant Trimmings do not include items defined as Exempt Waste.
(As defined in City of San Jose Commercial Solid Waste and Recyclable Materials Collection Franchises Agreement, 2011)

Yard Debris

The term "Yard Debris" means leaves, grass and clippings of woody, as well as fleshy plants. Unflocked whole holiday trees are acceptable. Materials larger than four (4) inches in diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two (2) feet by two (2) feet by four (4) feet shall be allowed and shall be secured by degradable string or twine, not nylon or other synthetic materials. Kraft paper bags and untied reusable bags may be used to contain yard debris.
(As defined by City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

Organic Materials Processing Facility

Any facility selected by CITY or by CONTRACTOR and approved by CITY, which is designed, operated and legally permitted for the purpose of receiving and Processing Organic Materials or Mixed Materials.
(As defined in City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Processing

An operation or series of operations, whether involving equipment, manual labor, or mechanical or biological processes that sorts, enhances, upgrades, concentrates, decontaminates, packages or otherwise prepares Recyclable Materials, Organic Materials, Mixed Materials or Bulky Goods and returns marketable elements thereof to the economic mainstream in the form of raw material for new, reused or reconstituted products. Processing begins at the time the Recyclable Materials, Organic Materials, Bulky Goods or Mixed Materials are delivered to the Processing facility and ends when the finished Processed materials are sold or reused and the Residue is properly Disposed.
(As defined in City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Recoverable Material

Recoverable Material

The term "Recoverable Material" shall mean all materials that have the potential to be recovered from refuse containers for recycling, composting, or anaerobic digestion processes. This material includes, but is not limited to: green waste, food waste, plastics, glass, white paper, news paper, mixed paper, cardboard, electronics, scrap metals, and miscellaneous types of construction and demolition debris.
(As defined in City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Recycle, Recyclable, Recyclable Materials

Recycle

The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycle does not include the Processing required by this Agreement, transformation as defined by Public Resources Code Section 40201, or storage and stockpiling of Recyclable Materials by CONTRACTOR or any other Person.
(As defined in Amended and Restated Agreement between the City of San Jose and Zero Waste Energy Development Company for Organics Processing Services [Commercial Collection, Composting and Anaerobic Digestion] - 2020)

Recyclable Materials

Recyclable materials include glass, paper, cardboard, wood, concrete, plastic, used motor oil and filters, ferrous and non-ferrous metal, aluminum, and any other materials that are capable of being recycled. The terms recycle, recycled and recycling each mean and refer to the process of collecting, sorting, cleansing, treating, reconstituting, re-using and/or selling recycling materials, and returning them to the use in the economy. Recyclable Materials shall also include any material defined in Section 9.10 of the San Jose Municipal Code or City regulation.
(As defined in Amended and Restated Agreement between the City of San Jose and Zero Waste Energy Development Company for Organics Processing Services [Commercial Collection, Composting and Anaerobic Digestion] - 2020)

"Recyclable Materials" means the materials identified in Attachment C, Section 2, as well as materials subsequently added to the foregoing list by regulation of the City Manager issued pursuant to Section 5.20.280 of the Municipal Code or by sixty (60) days written notice to Contractor by the Director.

Attachment C, Section 2
RECYCLABLE MATERIALS

• Corrugated cardboard
• Newsprint
• Mixed paper (including magazines, catalogues, envelopes, junk mail, paperboard, shredded paper, non-metallic wrapping paper, Kraft brown bags and paper, paper egg cartons, office ledger paper, self-stick notes, and telephone books)
• Hard cover books
• Glass containers
• Aluminum beverage containers
• Small scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two feet in any dimension for any single item)
• Steel including "tin" cans and small scrap (not exceeding forty (40) pounds in weight nor (2) two feet in any dimension for any single item)
• Bimetal containers
• Mixed plastics (including plastic bags, plastic film, plastic containers (#1-7) and bottles including containers made of HDPE, LDPE, PET, or PVC)
• Milk and juice containers
  (As defined in City of Palo Alto Agreement for Solid Waste, Recyclable Materials, Organic Materials and Yard Trimmings and Processing Services)

"Recyclable Materials" shall mean those materials that are suitable for recycling, as determined by resolution of the City Council and as set forth in this Agreement. A list of Recyclable Materials is included in this Agreement as Exhibit B, which is attached and incorporated into this Agreement by this reference. Exhibit B may be changed from time to time, upon mutual agreement of City and Collector.

EXHIBIT B
Recyclable Materials

1. Newspapers (including inserts and coupons)
2. Glass jars and bottles
3. Cans (aluminum, bi-metal, and tin cans)
4. Mixed paper (brown bags, cereal boxes, colored paper, computer paper, construction paper, cracker and cereal boxes, envelopes, junk mail, legal pad backings, paper egg cartons, shoe boxes, and white paper)
5. Telephone books
6. Magazines and catalogs
7. Corrugated cardboard
8. Chipboard
9. Aluminum foil and trays
10. Aerosol cans
11. Scrap metal
12. Plastic containers (1-7)
13. Plastic bags
14. Unpainted wood and lumber
15. Green Waste
    (As defined in City of Monrovia Residential and Commercial Solid Waste Franchise Agreement, 2016)

Recyclable Materials

Those Discarded Materials that the City Code permits, directs and/or requires Generators to set out in Recyclables Materials Container for Collection for the purpose of Recycling. No Discarded Materials shall be considered Recyclable Materials unless such material is separated from Solid Waste and Organic Materials. Recyclable Materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, soap boxes, cereal and other similar food boxes); chipboard; cardboard; paper milk cartons; glass containers of any color (including glass bottles and jars all colors); aluminum cans; fabric softener containers; steel, tin or bi-metal cans; plastic containers (clear or green plastic soda and water bottles, plastic containers and bottles and plastic bags with no. 1, 2 or 3 on the bottom); and food containers from potato salad, pasta salad, whipped cream, etc.
(As defined in City of Fresno Franchise Agreement, 2011)

Those materials designated in this Contract or other materials agreed upon by parties for Collection and Recycling under this Contract which are segregated from Mixed Materials by the Service Recipient at the source of generation. Recyclable Materials include newspaper, mixed paper (including white and colored paper, magazines, telephone books, chipboard, junk mail and high grade paper), glass containers, metal containers (ferrous, non-ferrous and bi-metal containers including empty aerosol containers), aluminum foil and trays, milk and juice cartons, soup and juice boxes, all narrow neck rigid plastic containers, non-bottle rigid plastics, and corrugated cardboard set out for Collection as required by CITY. CITY and CONTRACTOR may mutually agree to include additional materials or remove materials from this list of Recyclable Materials.
(As defined in City of Oakland Mixed Materials & Organics Collection Services Contract, 2015 (PDF))

Those materials which are capable of being recycled and which would otherwise be processed or disposed of as Garbage. Recyclable Materials includes those materials as defined by the District, including, but limited to, newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (up to 20 pounds); steel including "tin" cans, empty aerosol cans (empty, non-toxic products) and small scrap (up to 20 pounds); bimetal containers; plastic bags, plastic food containers, #1-7 plastics regardless of form or mold (including but not limited to plastic containers, bottles, wide mouth tubs, plastic bags, film plastic, and polystyrene), aluminum foil and pans. The District, in consultation with the Company, may modify the list of Recyclable Materials.
(Novato Sanitary District Franchise Agreement, 2011 (PDF))

Recyclables

The word "Recyclables" means aluminum cans; corrugated cardboard; glass containers; Mixed Paper; newspaper; plastic container that have contained non hazardous products; polycoated cartons; Scrap Metals; tin cans; and such other materials that the City determines to be recyclable.
(As defined in City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contract, 2009)

The term "Recyclables" shall mean all Recoverable Material that is actually recycled and made into a new product, including compost from composting and biogas from anaerobic digestion processes, as opposed to recoverable material that is disposed of as Garbage.
(As defined in City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Residual

Glass Contaminated Residual

Material that has been processed through either a wet and/or dry recyclables line that is typically 2"-2 1/2" minus in size that contains greater than.25% glass by weight and is a minimum of 50% inert material by weight.
​(As defined in City of San Jose Commercial Solid Waste and Recyclable Materials Collection Franchises Agreement, 2011)

The term "Residual" shall mean the left over material that cannot be converted to composted material in a composting operation, to biogas in an anaerobic digestion process, or cannot be recycled at a material recovery facility. The "residual" is garbage for the purposes of this agreement.
(As defined in City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Single-Stream Recycling

The term "Single-Stream Recycling" shall mean a recycling program offered by the hauler in which customers place multiple types of non-construction and demolition recoverable materials in a single container that is designated specifically for recyclables and is taken to a material recovery facility for processing. Individual single-stream recycling containers must have less than five percent (5%) contamination to be qualified for the three percent (3%) of gross billings [Non-Exclusive Franchise] NEF Fee level. (As defined in City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Source Separated

Source Separated

Recyclable Materials, Organic Materials and Bulky Goods that have been segregated from Garbage, by or for the Generator at the Service Address at which the materials were generated for Diversion.
(As defined in City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Source Separated Recyclable Materials

Recyclable Materials that have been Source Separated and include no more than ten percent (10%) by weight or volume of other materials that cannot be Recycled.
(As defined in City of Fresno Franchise Agreement, 2011)

Source Separated Recyclable Materials

Those materials which are capable of being recycled and which would otherwise be processed or disposed of as Garbage. Recyclable Materials includes those materials as defined by the [Novato Sanitary] District, including, but not limited to, newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (up to 20 pounds); steel including "tin" cans, empty aerosol cans (empty, non-toxic products) and small scrap (up to 20 pounds); bimetal; containers; plastic bags, plastic food containers, #1-7 plastics regardless of form or mole (including but not limited to plastic containers, bottles, wide mouth tubs, plastic bags, film plastic, and polystyrene), aluminum foil and pans. The District, in consultation with the Company, may modify the list of Recyclable Materials.
(As defined in Novato Sanitary District Franchise Agreement, 2011 (PDF))

Source Separated Recycling

The term "Source Separated Recycling" shall mean recyclable material that is separated by the customer and placed into containers designated for recycling single specific types of recoverable materials, including construction and demolition debris. The containers must have less than five percent (5%) contamination to be considered source separated and qualify for the three percent (3%) of gross billings [Non Exclusive Franchise] NEF Fee level.
(As defined in City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Incentives, Penalties, Extensions

Incentives

Intent

FRANCHISEE acknowledges and agrees that among CITY's primary goals in issuing the franchise are to ensure that the services are of the highest caliber, that maximum diversion levels are achieved, and that all materials are put to the highest and best use.
(City of San Jose Commercial Solid Waste and Recyclable Materials Collection Franchises Agreement, 2011)

Diversion Incentive

For YEARS THREE, SEVEN, and TWELVE, in which rates are set using the operating ratio described in Exhibit A, the operating ratio used to determine FRANCHISEE's compensation shall be adjusted downwards in the FRANCHISEE's favor by half a percent (.5%) for every percent of diversion above the annual diversion requirement referenced in Section 7.2.
(City of San Jose Commercial Solid Waste and Recyclable Materials Collection Franchises Agreement, 2011)

Diversion Incentives

To increase the amount and quality of recovered materials from the new services, diversion goals and financial incentives are included in the recommended agreement. The Diversion Incentive Program will apply only to the two new commercial programs (enhanced recycling and organics). [Company] has finalized a diversion benchmark of 4,975 tons for these two programs. High and low targets have been established based on the benchmark. [Company] will earn an incentive payment in any year that the tons collected from these two programs exceeds the high target, and will pay a penalty in any year the collected tons miss the low target. The initial payment/penalty amount is $70 per ton for each ton over or under target. The payment/penalty is capped at $100,000 for any given year.
(City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Non-Exclusive Franchise (NEF) Fee Payments to City

Contractor shall pay to City NEF fees for the privilege of engaging in the business of collecting, hauling, and transporting Refuse to its destination, which are dependent upon the type of service provided and the amount of landfill diversion. All Container and equipment rental charges are to be included in the gross billings for each Industrial Customer.

1. Sixteen percent (16%) of the total gross billings for customer accounts whose refuse is not processed through an individual or series of MRF, composting or anaerobic digestion processes that has a residual rate of seventy percent (70%) or greater.
2. Ten percent (10%) of the gross billings for customer accounts whose refuse is processed through an individual or series of MRF, composting, or anaerobic digestion processes that yield a residual rate less than seventy percent (70%), but greater than five percent (5%).
3. Three percent (3%) of the total gross billings for source separated recycling, single-stream recycling, and composting customer accounts that have ninety-five percent (95%) or greater recyclable or compostable materials going into the containers provided by Contractor at a specific site.
   (City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Penalties

Liquidated Damages

Failure to meet Annual Diversion Requirement. If FRANCHISEE owes Organic Processing Contractor compensation for excess Organic Material in Residue pursuant to Section 10.14 of this Agreement, the amount owed to Organic Processing Contractor will be deducted from the amount owed to CITY.

$25,000 per each one (1) percent diversion not reached up to 75% and beginning January 1, 2014, $25,000 for annual diversion of 75% or more but below 79.9%.
(City of San Jose Commercial Solid Waste and Recyclable Materials Collection Franchises Agreement, 2011)

For each calendar year that Collector fails to achieve the CalRecycle Minimum Waste Diversion Rate required by this Agreement, Collector shall pay to City liquidated damages as specified in Exhibit D of this Agreement. Failure of Collector to achieve the CalRecycle Minimum Waste Diversion Rate required by this Agreement for any two (2) consecutive years will be considered a material breach of this Agreement and may result in termination of this Agreement by City. Notwithstanding anything to the contrary contained in this Agreement, Collector will not be in breach of the CalRecycle Minimum Waste Diversion Rate requirement if Collector's failure to meet such CalRecycle Minimum Waste Diversion Rate arises primarily from an event or circumstance outside of Collector's exclusive control.
(City of Monrovia - Residential and Commercial Solid Waste Franchise Agreement, 2016)

The Company must achieve all of the following Zero Waste Minimum Requirements.

Landfill Diversion Requirements

In 2009 the Company reached a fifty percent (50%) Diversion from Landfill Rate. The District requires the Company to achieve a diversion from landfill rate of sixty percent (60%) by December 31, 2015, seventy percent (70%) by December 31, 2020; eighty percent (80%) by December 31, 2025, and each successive calendar year or such other amount as may be set by the District. The Diversion From Landfill Rate will be calculated as the tons of materials collected by the Company from providing services as specified in this Agreement that are sold or delivered to a Material Recovery Facility or Organic Materials Processing Facility, recycler or re-user, net of all residue, divided by the total tons of materials collected under the Agreement by the Company in each twelve (12) month calendar year (January 1^st – December 31^st).

Next Sections: List details on services to be provided: Re-use, School Recycling, Curbside Recycling and Composting, Commercial Recycling and Composting, Multi-Family Recycling and Composting, Public Outreach, Public Event Recycling and Composting, etc.]

Failure to Meet Minimum Requirements

The Company's failure to meet the Minimum Zero Waste Requirements set forth in Sections 4.9.1 through 4.9.8 above may result in denial of an extension to this Agreement as specified in Section 2.4. In determining whether or not to hold the Company in default of this Agreement, or denial of a term extension, the District will consider the good faith efforts put forth by the Company in implementing the required programs to meet the minimum Zero Waste Requirements and the method and level of effort of the company to fully implement the services required in this Agreement.
(Novato Sanitary District Franchise Agreement, 2011)

Scope of Performance Review

The performance review shall evaluate Contractor's performance under this Agreement within six major areas, each of which formed a basis for the City's selection of Contractor for the award of this Agreement. The scope of the performance review shall include all or any portion of the following:

Diversion Program Review

City's consultant shall review Contractor's implementation, promotion, and operation of programs required by Article 5 of this Agreement as well as the public education and outreach requirements of Section 7.1 and Exhibit G. The City's consultant shall also solicit input from Department of Resources, Recycling, and Recovery (CalRecycle) staff responsible for overseeing the City's implementation of programs under AB 939 and AB 32 to determine their level of satisfaction with Contractor's implementation of diversion and education programs.

Minimum Standards of Performance

The minimum standards of performance, for the purposes of this performance review, are as follows for each area under review:

The Contractor shall have: 1) fully implemented all Collection, public education, and outreach programs within six (6) months of the Commencement Date; 2) continued to consistently perform such services as required by this Agreement; and, 3) there shall be no fine(s), compliance order, or local assistance plan issued or pending from any State agency regulating AB 939 or AB 32 compliance. Contractor shall not be held responsible for any such fine, order, or plan that was the result of a program or programs which are not the responsibility of Contractor as described in this Agreement.

Remedies

In the event that Contractor fails to meet any of the minimum performance standards established in Section 8.9.B above, Contractor shall be determined to be in breach of this Agreement as defined in Section 13.1.A. The City Contract Manager shall notify the Contractor in writing of the City's determination that the Contractor has failed to meet the minimum performance standards established including each of the specific contractual requirements for which the City finds the Contractor in breach.

Contractor shall be entitled to the opportunity to cure a breach resulting from Section 8.9.B.1 by remitting payment in full to the City within thirty (30) days of receipt of a notice of breach. The payment shall include the amount determined to be underpaid plus any late fees as described in Section 10.4. In addition, Contractor shall, within (30) days of receipt of a notice of breach demonstrate, to the satisfaction of the City Contract Manager, that any systematic issues in Contractor's operations or information systems which caused the underpayment have been resolved.

Contractor shall be entitled to the opportunity to cure a breach resulting from Section 8.9.B.2 by: 1) reducing its Rates for Rate Period 5 such that no Rate is more than fifteen percent (15%) higher than that same Rate in Rate Period 1, and 2) waiving Contractor's right to rate increases as allowed under Section 11.2 for Rate Periods 6 and 7.

Contractor shall not be entitled to the opportunity to cure a breach resulting from Sections 8.9.B.3 through 8.9.B.7 as no remedy can be reasonably made on a retroactive basis for failures to perform under those requirements.
(As defined in City of Fresno Franchise Agreement, 2011)

Extensions

Provided that the Company has met the Zero Waste Minimum Requirements as specified in Section 4.9, the District shall have the option to extend this Agreement for a maximum additional sixty (60) months. If the District elects to exercise this option, it shall give written notice not less than one (1) year prior to the initial termination date provided in Section 2.3 of this Agreement.
(Novato Sanitary District Franchise Agreement, 2011)

The Company may request, prior to the time for the District to provide written notice of extension, that the District consider extending the Agreement as provided herein. Upon request of the Company for such extension, the District agrees to consider any proposal included with such request in good faith and the District agrees not to unreasonably withhold approval of such request, provided that the Company has at no time breached this Agreement, service has been provided at least at a satisfactory level, collection rates are competitive by comparison with surrounding communities and the Zero Waste Minimum Requirements as specified in Section 4.9 have been met. Nonetheless, the granting of such extension shall remain in the sole discretion of the District. Furthermore, should the provisions of Section 2.5 [Conditions to Effectiveness of Agreement] cause the term of the Agreement to be reduced, no extension under this provision shall be considered.
(Amended and Restated Agreement between the City of San Jose and Zero Waste Energy Development Company for Organics Processing Services [Commercial Collection, Composting and Anaerobic Digestion] - 2020)

Minimum Diversion Requirement for Contract Extension. CONTRACTOR shall meet minimum Diversion requirement of forty (40) percent in calendar year 2022, calculated as set forth in Section 8.01 of this Contract. Meeting the 2022 minimum Diversion requirement will be a significant factor in the CITY's decision, at its sole discretion, to offer the Contract extension set forth in Section 3.01.1 of this Contract for terminate this Contract no later than June 30, 2025.
(City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Franchisee shall have the option to request an extension of this Agreement for one five-year period if it has achieved a seventy-five percent (75%) diversion rate for all materials collected by Franchisee under the terms of this Agreement before November 1, 2014. City, at its sole discretion, may choose to extend, or not extend, the Term of this Agreement, and shall notify Franchisee of its intent within sixty (60) days of notice from Franchisee. The basis for this diversion rate projection is provided as EXHIBIT H.
(City of Cupertino Franchise Agreement, 2010)

Compliance with Mandatory Diversion or Recycling Requirements

Contractor must comply with provisions set forth in Section 8.25.275 of the Santa Clara City Code, which sets forth mandatory recycling requirements similar to AB 341. Contractor is prohibited from providing garbage service to customers with at least four (4) cubic yards per week who do not have at least 32 gallons of weekly recycling collection in place, or qualify for an approved exception. Contractor is required to submit the number of customer accounts subject to the mandatory recycling requirements it is servicing by May 31st of each year to City.
(City of Santa Clara Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables, 2016)

Diversion Requirement

Collector shall divert from landfills an amount necessary for City to achieve the legally mandated minimum of 50% diversion by CalRecycle ("Minimum Waste Diversion Rate"). Recycling of materials not collected by Collector shall be counted towards meeting this requirement. For the purposes of this Section 7.04, "diversion" shall include recycling, transformation, and other forms of converting solid waste into energy to the extent that such diversion is accepted by CalRecycle toward meeting City's diversion goal under AB 939. If CalRecycle increases the state-mandated Minimum Waste Diversion rate from 50% diversion to a higher percentage, Collector and City shall negotiate in good faith an equitable increase in Collector's Service Rates.
(City of Monrovia Residential and Commercial Solid Waste Franchise Agreement, 2016)

AB 939 and AB 32-Related Damages

Contractor shall pay its proportional share of all fines and/or penalties imposed by the State if the requirements of the Act are not met by the City.

Contractor shall pay its proportional share of all fines and/or penalties imposed by the State if the Mandatory Commercial Recycling Requirements are not met by the City.

If fines and/or penalties are imposed by the State, Contractor shall only be liable if: (i) Contractor failed to implement all programs required by this Agreement and described in Exhibit C; (ii) Contractor failed to perform public education and outreach responsibilities required under this Agreement including, but not limited to those described in Section 7.1; or, (iii) Contractor delayed in providing information that prevented Contractor or City from submitting reports required by the State in a timely manner.

If the damages considered by this Section 13.6 are to be assessed, the Contractor's proportional share shall be determined in relationship to performance of contractor(s) in the other City designated service areas. Such proportional share shall be determined in the City's sole discretion and shall not be subject to appeal or litigation.
(As defined in City of Fresno Franchise Agreement, 2011)

Minimum Diversion Requirements

Beginning January 1, 2013, FRANCHISEE shall divert from landfill Disposal a minimum of seventy-five percent (75%) by weight of all the material collected from Commercial Premises.

Beginning January 1, 2014, FRANCHISEE shall divert from landfill Disposal a minimum of eighty percent (80%) by weight of all material collected from Commercial Premises.
(Amended and Restated Agreement between the City of San Jose and Zero Waste Energy Development Company for Organics Processing Services [Commercial Collection, Composting and Anaerobic Digestion] - 2020)

Require Contractor to Recycle and Compost/Allowable Contamination

Requirement to Recycle and Compost

The Contractor shall recycle or compost all loads of Source-separated Recyclables and Compostables collected, unless express prior written permission is provided by the City. The disposal of contaminants separated during processing is acceptable to the extent that it is unavoidable and consistent with industry standards. The Contractor's residuals from the overall processing operations at the facility for Source-separated Recyclables (including both City and non-City material) shall not exceed 5%. Recyclables in residual stream shall not exceed 2% of the inbound Recyclables. If more than 2% of inbound materials are found to be contaminants, the Contractor will develop a plan to determine which customers are adding contaminants in their recyclables and provide a public education program to remedy the situation.

The Contractor shall process Recyclables in such a manner as to minimize out-throws and prohibitives in baled material. Out-throws shall be less than 8%, prohibitives less than 1 %-2% by weight of outgoing materials. The Contractor shall remove 90% or more of the inbound contaminants for disposal.

City staff or Consultants retained by the City shall be provided access to the Contractor's processing facilities at any time for the purposes of periodically monitoring the facilities' performance under this Section, subject to compliance with Contractor's safety policies.

Monitoring may include, but not limited to, breaking selected bales and measuring the out-throws and prohibitives by weight, taking samples of processed glass and metals, reviewing actual markets and use of processed materials, and other activities to ensure the Contractor's performance under this Section and to ensure that misdirected recyclables and contamination are minimized.

Obvious contaminants included with either Source-separated Recyclables or Compostables shall not be collected, and shall be left in the customer's container with a prominently displayed notification tag (per Section 2.1.10) explaining the reason for rejection.
(City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contract, 2009)

Reuse Requirements

Description of Services

Contractor will operate the following program under the terms and conditions described hereafter:

1. Contractor will provide salvage and diversion program for reusable goods that can be reused for their originally intended purpose or repurposed while in their originally-manufactured form that are delivered to the floor of the Berkeley transfer station. Eligible categories of salvaged materials will be approved by mutual consent of City and Contractor and updated periodically at the request of either party. These materials may include, but are not limited to; building materials, institutional fixtures, and household goods.
2. Contractor will have the sole right and discretion to determine whether any particular item of reusable goods and materials is acceptable or not to Contractor. If Contractor determines that any such item is not acceptable, Contractor shall have no responsibility to salvage or to process or dispose of such item.
3. Contractor shall provide from 2 to 4 salvagers within the hours that the transfer station is open. However, Contractor is not required to be on site for all hours that the Transfer Station is open.
4. Each salvage worker shall have taken a course of Hazardous Materials Recognition training from a certified safety training company before beginning work at the Transfer Station. In no situation will this employee work without an onsite Urban Ore employee trained in hazardous materials recognition who will direct this non-trained employee. In the event of a new employee, training will occur within 60 days of beginning work at the Transfer Station. Once the new employee has completed their Hazardous Materials Recognition training, they must show proof of the training to the transfer station Supervisor or his appointee,. Salvage workers will observe all safety requirements that are posted at the City's transfer station and adhere to work site safety regulations by Cal OSHA.
5. Contractor's employees will abide by safety protocol that will be established by the Transfer Station Supervisor in consultation with contractor. The protocol will provide salvagers reasonable time to retrieve materials from Customers' loads.
6. Any new Urban Ore salvage worker shall meet with the City's transfer station supervisor or designee for orientation on safety and transfer station procedures before starting work at the transfer station.
7. Salvage workers will notify City workers if they observe hazardous materials or materials banned from landfill being unloaded; or on the tipping floor.
8. Contractor will provide equipment necessary for their work, including a forklift, electric cart, truck, trailer (if approved by Transfer Station Senior Supervisor), and miscellaneous hand tools. Only a certified operator will operate forklift. Contractor assumes all liability for the equipment that they use and-leave on City property.
9. Contractor will provide a quarterly report, including number of tons recovered from the transfer station, staff hours worked, and any accidents or injuries. Accidents and injuries shall be reported to the Transfer Station, Senior Supervisor, both verbally and email format.
10. All employees of the Contractor shall wear a vest identifying themselves as Urban Ore employees. Identifying information shall be visible arid readable at a distance of 80 feet.
11. Contractor will create a recycling diversion method, for the City to use, for its recycling diversion calculations using the materials recycled/sold at Contractors retail salvage store (Ecopark) located at: 900 Murray Street, Berkeley, 94710, Ca. Contractor will also provide a report of tons recycled from all Urban Ore operations in Berkeley.
    (City of Berkeley Transfer Station Salvage Contract, 2012)

Composting and Food Scraps Collection

Subject Materials

Compostables shall be collected weekly from all participating Single-family Residences as part of basic Garbage collection services, without extra charge. There shall be no limit on the amount a customer may set out for collection, provided that the Contractor may petition the City to limit collection in the event that a customer consistently abuses the service by setting out commercial quantities of Compostables.

Contaminated or oversized Compostables materials rejected by the Contractor at the Curb shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected.

Foodscraps Collection

The Contractor shall accept Foodscraps included and mixed with Yard Debris in Compostables Carts for Single Family Residential Customers. If the City elects to provide kitchen food waste containers, the Contractor shall provide for container distribution provided the distribution is performed at the same time of the distribution of Recycling Carts; otherwise, the City shall provide for the distribution of the kitchen food waste containers. The City shall work with the Contractor to coordinate Foodscraps container deliveries to allow simultaneous delivery with Recycling Carts to the extent practicable. The Contractor shall pay for and provide an instructional Foodscraps recycling brochure for each customer which shall be subject to prior review and approval by the City. The container distribution shall occur, at a minimum, one week before the scheduled start of the Foodscraps collection program.
(City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

Require Productive Market Use of Yard Debris and Other Organic Materials

Processing of Yard Trimmings

CONTRACTOR shall ensure that the YT collected pursuant to this Agreement is neither disposed of in a landfill nor utilized as alternative daily cover (ADC) at a landfill or other landfill application without prior written consent from CITY's Director of Environmental Services.
(City of San Jose Agreement for Yard Trimmings Collection and Residential Street Sweeping Services, 2011)

Contractor shall not use any Recyclable Materials for the purposes of ADC [Alternative Daily Cover] or any other on-site landfill utilization or for transformation fuel, unless prior written approval is obtained from the City Contract Manager.

Disposal of Organic Materials Prohibited. Source Separated Organic Materials may not be Disposed of in lieu of Composting the material, without the expressed written approval of the City Contract Manager. If Contractor believes that it cannot divert the Organic Materials from Disposal, then it shall prepare a written request for approval to Dispose of such material. Such request shall contain the basis for its belief, describe the Contractor's efforts to arrange for the diversion from Disposal of such material, the period required for such Disposal, the incremental costs or cost savings resulting from such Disposal, and any additional information supporting the Contractor's request. The City Contract Manager shall consider the Contractor's request and inform Contractor in writing of its decision within 30 calendar days. If the City Contract Manager approves such request and the difference in the cost of such Disposal compared to the diversion is greater than $10,000, then the Contractor's Compensation shall be adjusted in accordance with Section 11.6.

Exhibit H

SCHEDULE FOR LIQUIDATED DAMAGES

Contractor may be assessed Liquidated Damages pursuant to Section 13.5 if Contractor fails to fulfill its obligations with regards to the events listed in this Exhibit in accordance with the terms and conditions of the Agreement with regards to the time frame for accomplishing each event and nature of the responsibility associated with the event, unless otherwise stated in this Exhibit.

Disposal of Organic Materials

For each Ton of Organic Materials Disposed of without written approval of the City $250/ton.
(City of Fresno Franchise Agreement, 2011)

Redirect Materials to Local Markets

City Right to Select Processing Site

The City reserves the right to direct Contractor to Recyclable Materials Processing Site(s) other than that selected by Contractor in the event that the Contractor and/or the Approved Recyclable Materials Processing Site is not operating in accordance with this Agreement and/or Applicable Law. In such case, Contractor shall have no indemnification obligations pursuant to Section 12.1 for actions or negligence of the owner or operator of the City-selected Processing Site(s). City Contract Manager shall provide written notice to Contractor not less than ninety (90) days before effective date of the change and Contractor shall have ninety (90) days following such notice to either bring the Approved Recyclable Materials Processing Site into compliance with the requirements of this Agreement and/or Applicable Law. Should the Contractor be unsuccessful in their attempts to do so, only then will the Contractor be required to use the City-selected Processing Site(s).
(City of Fresno Franchise Agreement, 2011)

Reporting Requirements

Tonnage Records. CONTRACTOR shall maintain records of the incoming and outgoing quantities, measured in pounds, of (i) Mixed Materials, Recyclable Materials, and Organics Material, and Bulky Materials Collected, Processed, Composted, and Disposed under the terms of this Contract, and (ii) Recyclable Materials and Organic Materials, by material type, sold, donated or given for no compensation, and Residue Disposed.

Processed Tonnage Data. Tonnage of all Collected materials that are delivered to Processing facilities by Collection Service type, and by Processing facilities.

Processed Materials Data. Tonnage of each material produced through the Processing of Collected materials at CONTRACTOR's Processing Facility, e.g., finished compost, old corrugated containers, mixed paper and other recycled commodity grades, feedstock for biomass or refuse derived fuel, and energy products derived from CONTRACTOR's Processing of Organic materials (should CONTRACTOR produce such energy products). CONTRACTOR shall use a statistically significant method approved by CITY to calculate the Tonnage of finished Processed material, net of Residue, attributable to material Collected under this Contract.

Disposal Tonnage Data, Tonnage for all materials Collected that are transferred to the Disposal Facility without Processing, by Collection Service type. Tonnage for all Residue from Processing of Collected materials, by processing facility. CONTRACTOR shall use statistically significant method approved by CITY to calculate the Tonnage of Residue attributable to material Collected under this Contract.
(City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Maintenance of Records

Contractor shall maintain accounting, operational, statistical, and other records related to its performance as shall be necessary to develop reports required by this Agreement, to support any claim by Contractor under Section 11.5, and to respond to any reasonable request of the City under Sections 4.5 or 11.5. Also, Contractor agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with and to meet the reporting and Solid Waste program management needs of City, the Act, and other Applicable Laws, and the requirements of this Agreement.

Because it is not possible to accurately anticipate all of the conditions giving rise to the need for information, to the extent, such requirements are set out in this and other Articles of this Agreement, they shall not be considered limiting or necessarily complete. In particular, this Article is intended to only highlight the general nature of records and reports and their minimum content and is not meant to comprehensively define what the records and reports are to be and their content. Further, with the written direction by or approval of City Contract Manager, the records and reports to be maintained and provided by Contractor in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency, even if such adjustment results in significant additional costs to the Contractor.

To adjust Contractor's Compensation in the event of City-directed changes (in accordance with Section 4.5) or in the event of special Rate review (in accordance with Section 11.5) and support its obligations under Section 11.6, Contractor must maintain accurate, detailed, financial and operational information in a consistent format, and must make such information available to the City Contract Manager in a timely fashion.

Collection Service Records

Records shall be maintained by Contractor for City relating to:

1. Customer services and Billing;
2. Weight and volume of material Collected by type (e.g., Solid Waste, Recyclable Materials, and Organic Material). Where possible, information is to be separated by Service Type;
3. Routes;
4. Facilities, equipment and personnel used;
5. Facilities and equipment operations, maintenance and repair;
6. Tonnage of Solid Waste, Recyclable Materials, and Organic Materials listed by Processing Site or Disposal Site where such materials were delivered; and
7. Recyclable Materials and Organic Materials Collection participation.

End use and markets for processed Organic Materials.
9.2.3 Transfer, Processing, and Disposal Records
Contractor shall maintain records of transfer, Disposal, and Processing of all Solid Waste, Recyclable Materials, and Organic Materials Collected by Contractor.
9.2.4 Other Programs Records.
Records for other programs including, but not limited to, public education and outreach activities, event and venue Recycling programs, and abandoned waste collection shall be tailored to specific needs. In general, the records shall include:

1. Plans, tasks, and milestones; and
2. Accomplishments in terms such as dates, activities conducted, quantities of products used, produced or distributed, and numbers of participants and responses.

CERCLA Defense Records

City views its ability to defend itself against CERCLA and related litigation as a matter of great importance. For this reason, the City regards its ability to prove where Solid Waste Collected in the City was taken for transfer or Disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain, retain and preserve records which can establish where Solid Waste Collected in the City was Transferred and/or Disposed (and therefore establish where it was not). Contractor shall provide these records to the City Contract Manager at the expiration or early termination of this Agreement, in an organized and indexed manner rather than destroying or disposing of them,.

General Reporting Requirements

Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed. Reports are intended to compile recorded data into useful forms of information that can be used to, among other things:

1. Approve Rates;
2. Evaluate the financial efficacy of operations;
3. Evaluate past and expected progress towards achieving the Contractor's diversion goals and objectives;
4. Determine needs for adjustment to programs; and,
5. Evaluate Customer service and Complaints.

Contractor may propose report formats that are responsive to the objectives and audiences for each report. The format of each report shall be approved by City Contract Manager. Contractor agrees to mail a copy of all reports and submit all reports on computer discs or by mail in a format compatible with City's software and computers, in the event it may do so at no significant additional cost. Contractor will provide a certification statement, under penalty of perjury, by the responsible Contractor official, that the report being submitted is true and correct to the best knowledge of such official after their reasonable inquiry.

MONTHLY REPORTS

Reports shall present the following information electronically in a Microsoft Excel-compatible format. Exhibit K includes sample data reporting forms. The City Contract Manager may review and approve Contractor's report formats and content and may change the frequency of reporting (e.g. from monthly to quarterly, quarterly to monthly, etc.) for items listed in this Section 9.4.

1. Solid Waste Services. Total Tonnage Collected and Disposed by Service Type.
2. Recyclable Materials Services. Tonnage Collected and Delivered to Designated Recyclable Materials Processing Site by Service Type.
3. Organic Materials Services. Tonnage Collected, Delivered to Approved Processing Site, and Processed by Service Type. If the Processing Site handles Organic Materials Collected in Service Area No.1 and from other parties, provide a description of how the quantities of Organic Materials are tracked and allocated to Service Area No. 1.
4. Customer Service
   1. Number of Customer, Generator, or other Person calls, emails, faxes, web site originated contacts, and letters by category (e.g., missed pickups, scheduled cleanups, billing concerns, damage claims, etc.)
   2. Number of Complaints and number of Complaints for which problem was not corrected or Customer was not satisfied within five (5) Business Days of receiving the Complaint. Provide explanations on Complaints for which corrective action did not occur within five (5) Business Days.
   3. Number of new Commercial and Multi-Family Recyclable Materials and Organic Materials Customers listed by Cart, Bin, and Roll-Off Box services.
   4. Customer service summary that provides monthly and year-to-date Customer service performance statistics corresponding to the performance standards set for Liquidated Damages items 1 through 22 in Exhibit H. Significant trends and variances from the standards should be noted and explained.
5. Account Information. In table format, the number of Customers and service levels for all Service Types (including billing codes for each service level).
6. AB 939 County Surcharge - Collection And Reporting. Contractor acknowledges that City is a party to that certain AB 939 Memorandum of Understanding with the County of Fresno and various other jurisdictions dated January 6, 2008 (the "AB 939 MOU"), and further acknowledges having received and reviewed a copy of the AB 939 MOU. The Parties agree that Contractor is a "Jurisdiction's Hauler", as that term is used in Part IV, Section H of the AB 939 MOU. Contractor shall comply with all requirements of Part IV, Section H of the AB 939 MOU that are applicable to a Jurisdiction's Hauler, including but not limited to submittal of specified reports and, to the extent applicable, payment of the AB 939 Surcharge (as that term is defined in the AB 939 MOU).
   (City of Fresno Franchise Agreement, 2011)

Solid Waste Records. Records shall be maintained for the Service Area relating to:

1. Customer services and billing
2. Character, weight and volume of Solid Waste, especially as related to reducing and diverting Recyclable Material, Organic Waste, or Construction and Demolition Debris from Disposal. Information will be separated by kind of account;
3. Routes in a format suitable for preparing reports and coordinating with other agencies;
4. Facilities, equipment, and personnel used;
5. Processing and disposal of Solid Waste;
6. Disposal Records. The company shall maintain records of disposal facility and transfer station disposal of all Garbage collected in service area for the period of this Agreement and all extensions to this Agreement or successor agreements. In the event the Company discontinues providing Collection Services to the District, the Company shall provide all records of disposal facility and transfer station disposal of all Garbage collected in service area to the District within thirty (30) days of discontinuing service. Records shall be in chronological and organized form and readily and easily interpreted.

Recycling Service Records. At the direction of the District, the Company shall maintain records for the service area that relate to:

1. Any of the records, described in Section 7.2.3 above, pertaining to Recyclable Materials;
2. Recycling participating-especially as related to determining participation rates and implementing programs to increase existing participation and to expand diversion;
3. Weight of each material by type;
4. Sales-kind of material, name of buyer/user, date of sales/transactions, processing costs, quantity purchased (in tons) and value per ton, and net sales; and
5. Inventories.

Other Program Records. Records for other programs shall be tailored to specific needs. In general, the district may require records which include:

1. Plans, tasks, and milestones, and
2. Accomplishments in terms such as dates, activities conducted, quantities of products used, produced or distributed, numbers of participants and responses, as well as tonnages diverted, recycled or composted, etc.
   (Novato Sanitary District Franchise Agreement, 2011)

Education and Outreach

Annual Outreach Plan

CONTRACTOR, at its own expense, shall prepare, submit and implement an annual outreach plan that is consistent with and informed by CONTRACTOR's Community Outreach Strategy as set forth in Exhibit 7. CONTRACTOR shall submit the initial annual outreach plan for CITY approval no later than September 1, 2015, and subsequent annual outreach plans no later than September 1 each year thereafter. CITY shall review and respond to the proposal within forty five (45) days. Implementation of the annual outreach plan would begin on January 1 of each year. The annual outreach plan must include specific steps designed to increase Diversion and Customer participation in the Collection Services, and measure the effectiveness of these efforts. The annual outreach plan should target specific materials or demographic or service sectors where improvements can be maximized. Outreach targets should be based on measured trends and patterns in recycling and disposal activities, participation, and tonnages by service sector, within the Service Area and within identified Service Area localities, as indicated by information obtained by both the Contract Manager and CONTRACTOR's staff.
(City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Collection Vehicle Education

Collection Vehicle Education Requirements. All new Collection vehicles shall include space for outdoor poster advertising to be utilized by CITY. No advertising shall be permitted other than the name and corporate logo of CONTRACTOR except promotional advertisement of the Recyclable Materials and Organic Materials programs.
(City of Oakland Mixed Materials & Organics Collection Services Contract, 2015 (PDF))

Community Outreach Services

The Company agrees to work diligently to promote and expand Zero Waste programs and to meet the goals established to meet the requirements of the City of Novato's and the District's Zero Waste Goals. The Company shall develop and distribute promotional materials describing recycling programs and encouraging recycling to all residential, commercial, and industrial accounts at least two times per year, or more often if requested by the District. These materials shall be submitted to the District Manager-Engineer for prior approval. A schedule for preparation and approval of promotional materials shall be submitted for approval of the District by November 1st of each subsequent year. The Company's Community Outreach Services shall include, at a minimum, the following:

Community Involvement and School Recycling Programs

By September 30, 2011, the Company shall fully develop for implementation the Zero Waste Community Outreach Outline as included in Exhibit 4, and the School Recycling Food Waste Program Outline as included in Exhibit 5. The District shall review and approve the plans prior to implementation by the Company. Updates of the action plans must be submitted annually for the District's approval no later than October 31, 2012 and no later than October 31st each Agreement Year thereafter. The program must include specific steps designed to increase diversion and participation, for the District residents, businesses, and Public Schools. Campaigns should target certain diverted materials or "problem" areas of the Company's Service Area where improvements can be maximized. Targets of outreach should be based on local trends and recycling patterns based on information obtained by both the District Manager-Engineer and Company staff. The Company shall provide space in Company's public outreach materials, such as mailers, flyers and newsletter, for District to include announcements, community information, articles, and photographs. The Public School Campaigns shall correspond with the school year and should target student, faculty and staff participation in the diversion of Recyclable Materials and Organic Waste.

Recycling Coordinator

The company will provide for the equivalent two-fifths (2/5) full-time Recycling Coordinator dedicated to the District. The Company may use and approved sub-contractor as approved by the District to perform some or all the duties normally assigned to the Recycling Coordinator.

[Additional Annual Collection Service Notice, New Resident Brochure, News/Media Outreach, and Bulky Item Reuse clauses]

Exhibit 4 - Zero Waste Community Outreach Outline

• Two newsletters annually
• Newsletter will contain a minimum of one Zero Waste feature (i.e., reuse/repair, EPR, backyard composting, environmentally preferable purchasing, etc.)
• Promote waste reduction and recycling
• Promote small (20 gal) garbage carts
• Offer backyard composting bins at cost
• Two additional outreach campaigns promoting waste reduction, Zero Waste, and/or diversion concepts
• Promote commercial audits to all businesses of 4 cubic yards of garbage service or more annually
• Visit all Multi-family complexes of 5 units or more annually
• Participate in 10 events annually (Chamber of Commerce, Earth Day, etc.) promoting Zero Waste, recycling, diversion, and resource conservation
• Conduct annual retraining at NSD schools on recycling and Zero Waste
• Participate in developing Zero Waste curriculum for NSD schools
• Offer Zero Waste and recycling for school assemblies
• Work closely with the City of Novato developing and implementing the City's Zero Waste goals
• Annual waste audits of all City facilities
• Bilingual Zero Waste recycling and diversion guides (Spanish/English)
• Paperless billing
• Interactive website with links to Zero Waste reuse opportunities
• Billing inserts and blurbs on program updates as needed
• Annual selective route audits of residential routes to gauge programs success
• Corrective action cart hangers informing Customers of concerns and how to properly participate in recycling and organics programs
• Work with regional Reuse E-network Plan

Exhibit 5 - School and Food Waste Program Outline

1. Stakeholders Meeting:
Invite stakeholders (administrators, school board, staff, teachers, and custodians) to a joint meeting to assess waste, recycling, and compost options and develop overall strategy. Determine where the plan should be centralized (i.e. purchasing, kitchens) and decentralized (individual campus recycling and composting efforts).

a. Review purchasing policies to promote Zero Waste goals by minimizing waste at the front end. Shift purchasing to environmentally preferable products: reusable, compostable or Recyclable Materials instead of disposables.

b. Policy Decision promoting Zero Waste goals by addressing recycling, composting, and waste reduction at a policy level i.e. School Board resolution or mandate from administration.

2. Identify current service levels:
Assess current Solid Waste, recycling, and composting service levels and identify locations where service levels can be immediately reduced. This evaluation will provide the basis for selecting and prioritizing specific target areas for waste reduction and recycling efforts. Evaluate if "locking bins" are needed to address illegal dumping of Solid Waste.

3. Organize a Green Team on each Campus:
Conduct on-campus meetings at each school with campus stakeholders (principal, secretary, staff, teachers, custodians, parent volunteers and students) to promote Zero Waste goals by developing waste reduction, recycling, and food waste and green waste composting strategy for each campus. Explore ways of tying curriculum goals into the program.

a. Recycling Advocate(s): Preferably an employee with commitment to recycling and food scrap composting who can carry the Zero Waste torch from year to year. The person will be the point of contact for communication with Zero Waste Coordinators and other team members.

i. Report problems with participation, contamination, missed pickups, need for additional education or recycling infrastructure.
ii. Coordinate with Zero Waste Coordinators to conduct student assemblies or classroom presentations.
iii. Work with Zero Waste Coordinators to conduct trainings, waste audits.
iv. Coordinate with promotion of the recycling and food scrap composting programs.

b. Recycling Team: Identify system and individuals responsible for transporting Recyclable Materials to collections bins. This may be custodians and/or older students. Depending on the level of participation at each school, there may be collection of recycling in classrooms, administrative offices and lunch areas.

c. Promotion Team: Students and others interested in promoting the school recycling program, Design and produce posters for campus, fliers to take home to parents, painting projects on campus to identify recycling areas, organizing recycling pep rallies, events or other activities to keep kids energized about waste reduction and recycling.

d. Recycling Monitors: Older students and teachers/parents, helping out during lunchtime to educate younger students about proper recycling including which materials are placed where and helping students empty containers before recycling. This group can be rewarded in some way for working during their lunchtime.

e. Zero Waste Coordinators: Zero Waste Coordinators from the Solid Waste, recycling, and composting company are available to attend meetings, conduct presentations or staff trainings, to assist with waste audits and for general support and questions. Zero Waste Coordinators can facilitate identifying programmatic resources.

4. Conduct School Waste Audit:
Work with hauler to identify what materials are generated and disposed on campus. This information is useful in deciding where to start and what systems to implement. See www.smcsustainability.org/waste-reduction/ for waste audit options.

Annually in the Spring, Novato Disposal will conduct waste audits to determine the success of the diversion programs for each site. A report will be supplied by Novato Disposal for each site on the success of each program and recommendations to increase diversion.

5. Getting Started. Areas identified to target may include:

a. Classroom Recycling: Zero Waste Coordinators can provide internal recycling crates for the collection of paper. These crates will need to be emptied into central collection bin for collection by NDS.
b. Lunch Area Recycling: Zero Waste Coordinators have resource sheet with recommended lunch area collection containers. Food waste composting will be provided as an option at each site as the program is expanded.
c. Administration & Office Recycling: Zero Waste Coordinators can provide internal recycling crates for the collection of paper. These crates will need to be emptied into central collection bin for pickup.
d. Compost Program: Zero Waste Coordinators can provide resource information and training for the good waste collection and composting program.

6. Ongoing:
a. Education: Zero Waste Coordinators will work with Green Team to develop a training program for students and staff about the recycle program.

In addition, Zero Waste Coordinators can provide educational presentations or assemblies about the importance of waste reduction, recycling, and composting in relation to resource conservation.

Newsletters will be supplied to the schools for additional Zero Waste outreach.

Novato Disposal will coordinate with a local community-based organization (i.e., North Bay Conservation Corp) to provide additional resources for promoting Zero Waste goals.

b. Promotion: Work with Green Team to promote recycling program. Zero Waste Coordinators can provide many resources, help locate additional on-line resources or students can develop their own materials. Send home a letter with students letting parents know about the expanded program for additional reinforcement.

Identify locations for recycle stations with painted recycling symbols, logos or messages.

Conduct a kick-off campaign. Get the whole school involved. Contact the local media. Identify local businesses who will contribute recognition awards to student team leaders. Have campaign promotion contest and award students, classrooms or schools for efforts.

c. Monitor: Train Monitors regarding Recyclable Materials, Organic Waste and Garbage. Train monitors to effectively communicate with students in a friendly manner.

d. Evaluation & Expansion: Conduct Green Team meetings quarterly to identify barriers and obstacles and develop strategies to address them. Maintain close contact with custodial staff and collection drivers to evaluate successes and difficulties. Use this information to identify additional target areas for further waste reduction and recycling efforts and to improve and expand your program.

TO PROVIDE THE PROPER INCENTIVES FOR BOTH THE SCHOOL DISTRICT AND THE COMPANY, NOVATO DISPOSAL SERVICE WILL COMMIT, AS PART OF THIS AGREEMENT, SHARE EQUALLY IN THE COST OF PROVIDING THE SOLID WASTE, RECYCLING, AND COMPOSTING SERVICE WITH THE SCHOOL DISTRICT.
(Novato Sanitary District Franchise Agreement, 2011)

Customer Education

Collector shall provide all of its Residential Customers with ongoing education designed to accomplish the following:
(1) Provide the Residential Customer with a thorough understanding of the services being provided by Collector, including the collection schedule, cost of service, billing and payment terms, the telephone number to call for customer service and for emergency service, and any restrictions on the types of materials or Solid Waste that can be placed in Collector's bins and containers.
(2) Provide the Residential Customer with information on the proper disposal of Hazardous Waste, universal waste and Electronic Waste, including the closest location where these materials can be safely disposed or recycled.
(3) Promote the participation of Collector's Residential Customers in Collector's Recycling program.
(4) Maximize the amount of Recyclable Materials diverted from disposal.
(City of Monrovia Residential and Commercial Solid Waste Franchise Agreement, 2016)

Public Education

Contractor shall work with Commercial Customers to improve the Recyclable Materials and Organic Materials Collection programs. On the second anniversary of the Commencement Date of this Agreement, Contractor shall have made reasonable efforts including, but not limited to, all plans described in Contractor's Proposal to increase the volume of Recyclable Materials and Organic Materials Collection services relative to Solid Waste Collection service provided to businesses.

At a minimum, Contractor's efforts to increase the volume of Recyclable Materials Collection service provided to businesses shall include contacting each Commercial Customer once per year and each Multi-Family Customer twice per year to: (i) promote Recyclable Materials and Organic Materials Collection services; (ii) present potential cost savings associated with increased Recyclable Materials and Organic Materials Collection service and reduced Solid Waste Collection services; (iii) perform a visual waste characterization assessment and present recommendations for Recycling activities; (iv) learn about the potential barriers (e.g., space constraints) to Recyclable Materials and Organic Materials Collection service and identify solutions for overcoming such barriers; and, (v) providing signage, training brochures, videos, and/or other media for distribution to tenants and/or employees to educate them on how to properly participate in source reduction, Recycling, and Composting programs. In conjunction with the City, Contractor shall develop, implement, and maintain a public education program to educate the community and promote source reduction, reuse, Recycling, Composting, and other services required by this Agreement. Contractor's public education program shall focus on providing information to Customers in accordance with the specific requirements described in Exhibit G. Educational media shall include, but not be limited, to newsletters, bill inserts, flyers, door hangers, notification tags, and direct contact. Information shall be provided for initial start of new services, to solicit feedback about the service and suggested improvement/change, and to educate Customers about source reduction, reuse, and Recycling opportunities. Materials shall be printed on paper containing the highest levels of recycled content material as is reasonably practical with a minimum requirement of thirty percent (30%) post-consumer content based on Federal standards.

All public education materials required in this Section and Exhibit G shall be printed in English, Spanish, Hmong, and any other language(s) requested by the City Contract Manager, provided that such languages are used in City-produced public education and outreach materials. Contractor shall obtain the City Contract Manager's approval of all public education materials prior to printing, distribution, advertising, posting, or mailing. The City Contract Manager may, in their sole discretion, provide Contractor with educational media developed to create a consistent message throughout the City. Contractor shall be responsible for all reproduction and distribution costs associated with materials provided by City Contract Manager. If Contractor fails to perform some or all of the requirements of the public education program described in this Section and in Exhibit G, the Contractor shall pay the City Liquidated Damages as described in Section 13.5 and Exhibit H.

Instructions to Customer

Contractor shall instruct Customers as to any requirements for the proper separation of materials or placement of Containers for Solid Waste, Recyclable Materials, and Organic Materials. If Customers are not adhering to Contractor's instructions, Contractor shall notify such Customers. In cases of extreme or repeated failure to comply with the instructions, Contractor may decline to pick-up the Solid Waste, Recyclable Materials, or Organic Materials provided that Contractor leaves a tag at least two inches by six inches (2" x 6") in size on the Container indicating the reason for refusing to Collect the material and identifying the steps Customer and/or Generator must take to recommence Collection service. If Recyclable Materials or Organic Materials set out for Collection contain 25% or 5%, respectively, or greater by volume of Solid Waste, Contractor shall Collect materials and leave a warning notice for the Customer. Contractor shall report to the City Contract Manager any warning notices issued to Customers within one (1) Business Day of issuance. Contractor shall provide direct person-to-person education and outreach to Customers with repeated contamination notices. The Contractor shall assist such Customers in developing employee and/or tenant training and Collection strategies which reduce contamination levels.

Education Activities

Public Education and Outreach Program

CONTRACTOR, at its own expense, shall prepare, submit and implement an annual Public Education and Outreach Program ("PEOP") that is in addition to CITY's PEOP. CONTRACTOR shall submit the proposed PEOP, including a budget for each component, annually for CITY approval no later than September 30 for the next calendar year. The PEOP must include a minimum of four (4) public education campaigns per calendar year, designed to increase diversion and resident participation, and a budget for each component. Campaigns should target "problem" areas of CONTRACTOR's Service District where improvements can be maximized. Targets of outreach should be based on local trends and patterns based on information obtained by both CITY and CONTRACTOR staff. Required elements of the annual PEOP are listed in Exhibit 11 ("Outreach") to this Agreement. All public education and outreach material must be approved by the City Representative prior to distribution.

CONTRACTOR shall include in its quarterly report to the CITY a summary of outreach activities that have taken place during the preceding quarter, the cost of those activities, and activities that are planned for the upcoming quarter. Invoices for all outreach and public education activities of the preceding quarter that were performed by persons other than CONTRACTOR's employees shall be included as part of the report.

Youth Engagement during Start-Up

Children will be an important focus of our public education start-up efforts:

Equal Capacity Commercial Bin Size and Frequency

The default Compostables Cart size shall be 96-gallons, with 32/35- and 64-gallon sizes available upon request.

Extra Yard Debris material that does not fit in a Compostables Cart shall be bundled or placed in Kraft bags, customer-owned 32-gallon containers or untied reusable bags. Customers choosing to use their own containers for excess Yard Debris shall be provided durable stickers by the Contractor that clearly identify the container's contents as Yard Debris.

Compostables Carts shall be delivered by the Contractor to new customers and customers that had previously rejected their cart within seven (7) days of the customer's initial request.
(City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

Equal Services for Multi-Family Customers

Multi-Family Premises

Contractor shall Collect Recyclable Materials from all Multi-Family Premises as frequently as scheduled by Customer, but not less than once per week.

Contractor shall provide each Customer with Containers for Recyclable Materials Collection. At a minimum, Contractor shall provide no less than ninety-six (96) gallons of Container capacity for Recyclable Materials Collection for every two dwelling units at the Premises. Contractor shall offer each Customer with a choice of one or more Carts with capacities ranging from sixty-four (64) to ninety-six (96) gallons (or similar sizes) or Bins with capacities ranging from one (1) to six (6) cubic yards (or similar sizes). Carts and Bins may be shared by the Occupants of the Multi-Family Premises.
(City of Fresno Franchise Agreement, 2011)

Contractor shall Collect Source Separated Green Waste from Multi-Family Premises from Customers voluntarily subscribing to service as frequently as scheduled by Customer, but not less than once per week.

Contractor shall provide each Customer with a choice of one or more Carts with capacities ranging from sixty-four (64) to ninety-six (96) gallons (or similar sizes), or Bins with capacity ranging from one (l) to six (6) cubic yards (or similar sizes). Contractor shall Collect Green Waste at the designated location agreed upon by Contractor and Customer. If Customer requests Green Waste Collection services, Contractor shall provide requested service and shall charge Customer for service at City-approved Rates.

In accordance with Section 4.5, the City Contract Manager may request Contractor to include Food Scraps in Multi-Family Collection during the Term.
(City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

Multifamily Complex Recyclables Collection

Subject Materials

The Contractor shall collect all Recyclables from Multifamily Complexes that are prepared in a manner similar to that described for Single-family Residence Recyclables in Section 2.2.2.1.

Specific Collection Requirements

Multifamily Complex recycling collection shall occur at least weekly or more frequently, as needed, during the hours and days specified in Section 2.1.4 for Multifamily Complex collection. Collections shall be made on a regular schedule on the same day(s) of the week to minimize customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and customer with the least slope and best truck access possible. Containers shall be replaced after emptying in the same location as found. When space constraints limit the provision of containers appropriately-sized for weekly collection, the Contractor shall provide more frequent collection, as necessary, of smaller containers to provide adequate capacity for the Multifamily Complex site.
(City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

Source Separation Preference

Commingling of Materials

Mixed Materials and Organic Materials. Except as provided in Section 28.03.11. Mixed Materials and Organic Materials that have been Source Separated and set out for Collection shall not be commingled by CONTRACTOR prior to delivery to a transfer facility, the Disposal Facility, the Mixed Materials Processing Facility, MRF or Organics Processing Facility as appropriate without the express prior written authorization of the Contract Manager and such authorization shall not be unreasonably withheld.

Materials Separation. Except for those materials Collected as part of the provision of SFD [Single Family Dwelling], MFD [Multi-Family Dwelling] or City Bulky Goods Collection Services, Mixed Materials, Organic Materials, Recyclable Materials and Bulky Goods shall not be mixed together in CONTRACTOR'S collection equipment. Each category of material Collected shall be kept separated according to type or classification.
(City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Every-Other-Week Collection of Recyclables

Specific Collection Requirements

Single-family Residence Recyclables collection shall occur every-other-week on each household's Garbage and Compostables collection day of the week. Single-family Residence Recyclables collection shall occur during the hours and days specified in Section 2.1.4. Collections shall be made from Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection service is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return containers with their lids closed and attached to their set out location in an orderly manner.

Upon written notice from the City on the first working day of 2010, 2011, 2012 and 2013, the Contractor shall switch from every-other-week to weekly Recyclables collection for all Single family Residential customers and the Contractor shall receive an additional $2.20 per Single family Residential customer per month, starting on July 1st of that same year. This additional amount shall be modified annually in accordance with Section 3.1 of this Contract.

The Contractor shall collect all properly prepared Single-family Residence Recyclables from Garbage customers. No limits shall be placed on set-out volumes, except in the case when extremely large quantities of commercially-generated materials are consistently set out at a Single-family Residence. In this case, the Contractor shall request the resident to use a larger Recycling Cart or use commercial recycling services for the excess volumes. If the resident continues to set out commercial quantities of Recyclables, the Contractor shall notify the City for further action. In the event that large quantities of residentially-generated cardboard (e.g. moving boxes) are set out for collection, the Contractor may collect the excess materials the following day in a separate truck, provided that clear written notification of the collection delay is provided to the customer.
(City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

Purchasing Preferences (Green Vehicles & Products)

Vehicles

Alternative Fuel Vehicles

FRANCHISEE shall use a 100% Compressed Natural Gas (CNG) collection vehicle fleet and utilize alternative fuel light duty auxiliary vehicles as they become commercially available and older light duty vehicles are removed from service in the performance of services under this Agreement in accordance with FRANCHISEE's Transportation Summary and Conversion Plan and subject to the Reporting Requirements provided in Exhibit C and Article 12.

CNG Fueling Station

FRANCHISEE shall construct and have operational a CNG fueling station at its corporation yard at NIRRP in accordance with FRANCHISEE's CNG Fueling Station Timeline provided in Exhibit C to this Agreement. The CNG fueling station shall be made available for the refueling of CITY vehicles when CITY CNG fueling stations are unavailable, provided such use does not interfere with FRANCHISEE's performance of services under this Agreement. CITY shall pay market rate as established by FRANCHISEE for fuel received from FRANCHISEE's CNG fueling station.

Alternative Fuel Vehicles

All CONTRACTOR's collection vehicles shall use an equivalent of not less than ULS-B20 biodiesel, in a blend consistent with EPA and Department of Energy standards for alternative fuel, or an equivalent mutually agreed upon alternative fuel (including, but not limited to compressed natural gas ("CNG")). All vehicles in District C as of the effective date of this Agreement, and any tractors purchased by CONTRACTOR, regardless of District, may use a biodiesel blend other than ULS-B20 in order to comply with applicable clean air regulations or manufacturer's warranties. CONTRACTOR shall notify the City Representative immediately in the event non-alternative fuel is used in any of its collection vehicles.

CONTRACTOR agrees to a replacement of their existing biodiesel powered collection fleet to CNG when the existing biodiesel powered collection vehicles are no longer in good working order and require replacement. CONTRACTOR commits to replacements with CNG to the extent CNG vehicles are available for the applications needed. In cases where a CNG option is not available (i.e., tractor loaders or sweepers), CONTRACTOR shall continue to use biodiesel. CONTRACTOR must demonstrate that the non-replaced vehicles are in good working order.

Should the CITY exercise the option for citywide containerized Yard Trimmings ("YT") Collection Service, CONTRACTOR shall purchase thirty-five (35) new CNG automated trucks and retain two (2) of the current fleet automated trucks as back-up vehicles.

CONTRACTOR may use the existing rear loaders and tractors that are in good condition for the once monthly On-Street YT Collection Service, and shall replace these vehicles as needed.
(City of San Jose Agreement for Yard Trimmings Collection and Residential Street Sweeping Services, 2011)

All vehicles used by Contractor in providing Collection services shall be registered with the California Department of Motor Vehicles. All such vehicles shall have watertight bodies designed to prevent leakage, spillage or overflow. All such vehicles shall comply with U.S. Environmental Protection Agency (EPA) noise emission regulations and other applicable noise control regulations. Any vehicle that does not comply with noise level requirements shall be prohibited from performing services under this Agreement.

As required by law, Contractor shall comply with State and Federal regulations including, but not limited to: (i) the California Air Resources Board Heavy Duty Engine Standards, contained in CCR Title 13, Section 2020 et seq; and, (ii) the Federal Environmental Protection Agency's Highway Diesel Fuel Sulfur regulations (Section 209(b) of the Clean Air Act, as amended, 42 U.S.C.7543(b)). In addition, Contractor shall comply with all San Joaquin Valley Air Pollution Control District, State, and Federal regulations related to emissions controls using engines, vehicles, and/or control technologies that meet or exceed the 2011 or later model year vehicle and engine requirements. If Contractor needs to convert, retrofit, or replace its Collection vehicles to be in full compliance with local, State and Federal clean air requirements (including compliance with requirements for 2011 or later model year vehicles) in effect on the Commencement Date of the Agreement, the costs for such changes shall be the sole responsibility of the Contractor and shall not be reimbursed through a change in Contractor's Compensation or Rates. To the extent that clean air requirements become more or less stringent after the Commencement Date of the Agreement, Contractor Compensation or Rates may be adjusted upward or downward as specified in Section 11.5.
(City of Fresno Franchise Agreement, 2011)

Equipment Age/Condition

From the period January 1, 2009 through December 31, 2009, all collection vehicles regularly used by the Contractor during the term of this Contract shall be less than ten (10) years old and shall have been used for fewer than two hundred thousand (200,000) miles. Should any such vehicles exceed these limits and yet, in the Contractor's opinion, still be in safe working order, the Contractor must receive prior written approval from the City to continue operating the subject vehicle. From the period January 1, 2010 through the end of this Contract (including extensions, if any), all collection vehicles regularly used by the Contractor shall be compressed natural gas-fueled collection vehicles (CNG) or diesel vehicles meeting 2010 model year emissions requirements. Back-up vehicles used less than thirty (30) days per year shall not be subject to the age, mileage, and other requirements that apply to regularly-used vehicles, but shall be presentable, in safe working order and shall be subject to all other conditions of this section.

Emissions Reduction and Sustainability

The Contractor shall cooperate with the City's efforts toward reducing the air pollution and other environmental impacts of solid waste collection. The Contractor shall use either compressed natural gas (CNG) route trucks and/or diesel route trucks with not less than twenty percent (20%) biodiesel ("B20") (on an annual average) in all of its operations within the City. If the per-gallon price of B20 is more than 15% above the cost for straight diesel fuel, the Contractor shall notify the City and may reduce the percentage of biodiesel used in the fuel blend to maintain costs at the 15% cost threshold. Alternatively, the City may elect to reimburse the Contractor for the portion of fuel cost above the 15% cost threshold to maintain the use of B20. The Contractor shall install particulate traps on all diesel collection vehicles prior to their use in the performance of this Contract. Traps shall be maintained in accordance with the manufacturer's instructions during the term of this Contract at the Contractor's expense.
(City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

Paper/Educational Materials

Educational media shall include, but not be limited, to newsletters, bill inserts, flyers, door hangers, notification tags, and direct contact. Information shall be provided for initial start of new services, to solicit feedback about the service and suggested improvement/change, and to educate Customers about source reduction, reuse, and Recycling opportunities. Materials shall be printed on paper containing the highest levels of recycled content material as is reasonably practical with a minimum requirement of thirty percent (30%) post-consumer content based on Federal standards.

Bill Inserts. City Contract Manager may direct Contractor to produce and insert mailers (which shall be a single sheet of paper no larger than 8.5 inches by 11 inches) relating to service with the bills. The mailers shall be printed on double-sided, post-consumer content paper and shall fit in standard envelopes.
(City of Fresno Franchise Agreement, 2011)

Outreach Production Requirements. CONTRACTOR shall utilize designers, printers and mail houses located with the Service Area for the design, development, printing and mailing of all community outreach materials related to this Contract, unless otherwise approved by Contract Manager. In addition, unless Contract Manager has granted an exception in writing, the Community Outreach materials shall:

Be printed on one hundred (100) percent recycled paper with at least fifty (50) percent post-consumer recycled content using soy based (or other non-toxic) inks; /.../
(City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Containers

Garbage, Recyclables and Compostables Carts

Contractor-provided Carts shall serve as the primary collection container for all customers' Garbage, Recyclables, and Compostables service under this Contract. The Contractor shall provide 20-, 35-, 45-, 64- and 96-gallon Garbage Carts for the respective level of Garbage collection on request; 35-, 64- or 96-gallon Recyclables Carts; and 35-, 64- and 96-gallon Compostables Carts. All carts shall be manufactured from a minimum of 10 percent (10%) and up to 25 percent (25%) post-consumer recycled plastic, with a lid that will accommodate a Contractor affixed screening or label. Carts shall be provided to requesting customers within seven (7) days of the customer's initial request. All wheeled cart manufacturers, styles and colors shall be approved in writing by the City prior to the Contractor ordering a cart inventory.

All carts must have materials preparation instructions and telephone and website contact information printed on a weather-resistant sticker on the lid. The initial distribution of Recycling Carts shall not be screened, molded-in, molded-on, imprinted, or otherwise labeled, with the Contractor's logo or company name.
(City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

Innovations Clauses

New Technology

In the event that technological advancements in the Collection, transportation, Processing, handling or Disposal of Mixed Materials, Recyclable Material, and/or Organic Materials are made, and which if implemented alone or in conjunction with another technology would cumulatively reduce the initial rates established by this Contract by approximately ten (10) percent or more. CONTRACTOR shall so notify the Contract Manager, and CITY may require CONTRACTOR to utilize or implement said new technology and new rates shall be mutually agreed upon and established. CONTRACTOR shall retain the ability to propose changes to CITY in its Mixed Materials and Organic Materials Collection Service for the purpose of maximizing efficiency. Such changes will not be implemented without prior written approval of CITY.
(City of Oakland Mixed Materials & Organics Collection Services Contract, 2015)

Reduction in Processing Tonnage for Allocation to Pilot Studies

CITY's discretion to request that the Commercial Collection Franchisee divert up to ten (10) percent of the total tons of Commercial Waste for pilot studies prior to Delivery to CONTRACTOR provided a minimum of 5500 tons per month of Organic Material has been provided to CONTRACTOR prior to allocation of pilot tonnage. CITY shall provide written notice to CONTRACTOR no less than sixty (60) calendar days prior to implementation of the CITY request.

Pilot Programs

CITY may request CONTRACTOR to conduct pilot test programs that temporarily change the organics processing method, the type of service, or the service schedule for a portion of the Organic Streams or Organic Material directed by CITY to CONTRACTOR. In the case of Organic Streams, a pilot test program shall be limited to no more than ten percent (10%) of the Organic Stream, and subject to the provisions of Section 4.2.1, unless otherwise specifically agreed by CONTRACTOR and CITY's Director. Each pilot test program shall be limited to a term of no more than eighteen (18) months unless otherwise specifically agreed by CONTRACTOR and CITY's Director.

Other Programs and Services

CONTRACTOR shall provide other services and programs as requested by CITY at a price to be mutually agreed upon between CONTRACTOR and the Director. In the event CONTRACTOR and the Director cannot reach a mutually agreed upon price for the requested service or program within sixty (60) calendar days of CITY's request, CITY shall have the right to procure the service of other vendors or contractors to provide the requested service.

CONTRACTOR will maximize diversion of Organic Materials in the following ways:

• Ongoing collaboration with the Commercial Collection Franchisee to inform and help refine their public outreach and education campaigns;
• Continued research and investigation into new and emerging technologies to reduce residual and increase recovery;
• Calibration and adaptation of AD technology and integration of technical advancements into processing systems; and
• Installation of new or improved Processing equipment that increases efficiencies for material recovery and/or quantities of materials Processed.
  (Amended and Restated Agreement between the City of San Jose and Zero Waste Energy Development Company for Organics Processing Services [Commercial Collection, Composting and Anaerobic Digestion] - 2020)

Pilot and New Programs

For each pilot and/or new program, activity-related and narrative reports on goals and milestones and accomplishments; description of problems encountered, actions taken, and any recommendations to facilitate progress; and description of vehicles, personnel, and equipment utilized for each program.
(City of Fresno Franchise Agreement, 2011)

Pilot Programs

The City may wish to test and/or implement one or more new developments in waste stream segregation, materials processing or collection technology at some point during the term of the Contract. The City shall notify the Contractor in writing at least ninety (90) days in advance of its intention to implement a pilot program or of its intentions to utilize a new technology system on a City-wide basis. The costs (or savings) accrued by City-initiated pilot programs shall be negotiated prior to implementation.

Contractor-initiated pilot programs shall require prior written notification and approval by the City. Contractor-initiated pilot programs shall be performed at no additional cost to the City or the Contractor's customers; however, savings accrued may be subject to negotiations prior to implementation at the City's request.
(City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

Technology and Regulatory Changes

The Company and the District acknowledge that during the term of this Agreement new technologies may be developed to cost effectively divert materials from landfill disposal that are not known at this time, and that new local, state, or federal laws and regulations may be enacted that change the manner in which Garbage, Recyclable Materials, and Organic Waste are managed. Accordingly, the Company and the District will cooperate to develop and implement additional, or replacement, programs resulting from any such future technological or regulatory changes to further the goal of reaching Zero Waste.
(Novato Sanitary District Franchise Agreement, 2011)

Collection from Special Events

Upon request from the City, Contractor shall Collect Solid Waste and Recyclable Materials at special events held within Service Area No. 1. Contractor shall provide an adequate number and type of Collection Containers for the special events and shall coordinate its Collection services with the City. Contractor shall prepare and distribute information to the public during such events describing the Collection options available and promoting Recycling. The Contractor shall provide a report in a City Contract Manager-approved format including, at a minimum, the number of Containers provided for use by the public at the event, the Contractor's public education and outreach activities at the event, and the Tonnage of material collected, Disposed, and Recycled to the City Contract Manager within ten (10) Business Days of the end of each event.

Contractor shall provide this service at no additional charge for any and all City-sponsored or operated events within Service Area No.1. Contractor shall provide services to private event sponsors and/or operators at a rate to be negotiated with the event operator, however, in no case shall that rate exceed half of the monthly Maximum Permissible Rate for comparable service levels.
(City of Fresno Franchise Agreement, 2011)

City-Sponsored Community Events

The Contractor shall provide Garbage and Recycling services for City-sponsored special events at no charge to the City or users. Container capacity shall be coordinated with event staff to ensure that sufficient container capacity and collection frequency is provided by the Contractor.

These events shall include, but not be limited to:

• River Days
• Fourth of July Celebration

At any time during the term of this Contract, the City may add City-Sponsored Community Events in addition to those listed above, provided that if the City adds more than one event every two (2) years, the Contractor may negotiate compensation for those additional events.
(City of Renton Comprehensive Garbage, Recyclables and Compostables Collection Contact, 2009)

Electronics Waste Certification

E-Stewards Policy

Departments shall use recyclers that meet the Basel Action Network e-Stewards Standard for Responsible Recycling and reuse of Electronic Equipment or comparable standard for all their networking computer and electronic equipment. These standards must include, but are not limited to:

1. Demonstrating that no hazardous e-waste is exported to a country that is not a member of the Organization for Economic Cooperation and Development for refurbishing or recycling;
2. No prison or child labor are used in the recycling process;
3. Safe on-site handling of hazardous e-waste and monitoring of workplace toxins; accountability for the entirety of toxic materials throughout the downstream recycling chain; and
4. Provision of site-closure plans for those sites associated with recycling processes where potentially hazardous processing technologies have been used.

For purposes of this section, computers and electronic equipment includes, but is not limited to, monitors, televisions, central processing units, circuit boards, power supplies, laptop computers, peripherals, video cassette recorders, digital video discs, cables, keyboards, mice, fax machines, printers, cell phones, telephones, and stereos.

The procurement and contract services section of the department of executive services will ensure that an electronics recycling contract is available for all King County agencies to use. In preparing such an electronics recycling contract, the procurement and contract services section shall assure that standards other than e-Stewards standards used by recyclers have been determined by the solid waste division of the department of natural resources and parks to be comparable.
(King County e-Stewards Policy)

Prior Experience and Certification

Contractor shall be able to document a minimum of 6 months as an electronics processor/recycler with R2 and/or the E-Stewards ISO 9002:2015 certification for electronics recycling and meet the requirements of their certification program. A Responder's failure to meet these minimum prior experience requirements will result in its proposal being considered non-responsive and its proposal rejected.
(City of Durham Request for Proposals: Processing and Marketing of Electronic Materials, 2015)