HomeMy WebLinkAboutResolution - 3925 (3)Resolution No. 3925
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STATE OF CALIFORNIA) RESOLUTION NO. 3925
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
FIFTH AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN
THE CITY OF SAN JACINTO AND CR&R INCORPORATED
WHEREAS, CITY and CONTRACTOR entered into a certain Agreement for the
Collection and Handling of Solid Waste dated March 17, 2005 (the "2005 Franchise
Agreement"); and
WHEREAS, CITY and CONTRACTOR entered into a certain First Amendment to
the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated
April 15, 2010 (the "First Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Second Amendment
to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated
dated December 17, 2012 (the "Second Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Third Amendment to
the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated
January 3, 2017 (the "Third Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Fourth Amendment
to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated
dated June 16, 2020 (the "Fourth Amendment"); and
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed local agencies to
divert organic waste from landfills and help reduce food insecurity, and regulations
promulgated by the California Department of Resources Recycling and Recovery require
the City to provide organic waste collection services and implement said regulations
within the City; and
WHEREAS, CITY and CONTRACTOR desire to amend their 2005 Franchise
Agreement, their 2010 First Amendment, their 2012 Second Amendment, their 2017 Third
Amendment, and their 2020 Fourth Amendment (collectively, the “Agreement”) in order
to reflect the additional obligations required by the SB 1383 Regulations.
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NOW, THEREFORE, in consideration of the foregoing, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Section 1 (Definitions) of the Agreement is amended to delete the
definitions of “Extremely Hazardous Waste,” “Organic Waste,”
“Recyclable Materials,” “Solid Waste,” “Solid Waste Facility,” and
“System Facility,” and to add or amend, as applicable, the following
definitions:
Back-Haul means generating and transporting Organic Waste to a
destination owned and operated by the Generator using the Generator’s own
employees and equipment, or as otherwise defined in 14 CCR Section
18982(a)(66)(A).
Blue Container or Lid has the same meaning as in 14 CCR Section
18982.2(a)(5) and shall be used for the purpose of storage and Collection of
SSBCOW.
Collection means the act of collecting Solid Waste, Recyclables, or Organic
Waste at or near the place of generation or accumulation
CCR means the State of California Code of Regulations. CCR references in
this Agreement are preceded with a number that refers to the relevant Title
of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division
7, Chapter 12 of the California Code of Regulations).
CalRecycle means the California Department of Resources Recycling and
Recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 Regulations on local
jurisdictions and other regulated entities or its successor.
Commercial Edible Food Generators includes Tier One Commercial Edible
Food Generators and Tier Two Commercial Edible Food Generators, or as
otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this
definition, Food Recovery Organizations and Food Recovery Services are
not Commercial Edible Food Generators, or as otherwise specified by 14
CCR Section 18982(a)(7).
Compost means the product resulting from the controlled decomposition of
Organic wastes, including Green Waste, wood waste and Food Waste which
are not Hazardous W astes.
Compostable Plastics means plastic materials that meet the ASTM D6400
standard for compostability, or as otherwise described in 14 CCR Section
18984.1(a)(1)(A) or 18984.2(a)(1)(C).Diversion or Divert means activities
which reduce or eliminate discarded materials from disposal, including, but
not limited to, source reduction, Reuse, salvage, Recycling, and composting.
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Edible Food means food intended for human consumption. For the purposes
of this Agreement, Edible Food is not Solid Waste if it is re covered and not
discarded. Nothing in this Agreement requires or authorizes the recovery of
Edible Food that does not meet the food safety requirements of the California
Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible
Food differs from this definition, the definition in 14 CCR Section
18982(a)(18) shall apply to this Agreement.
Excluded Waste means Hazardous Substance, Hazardous Waste,
Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste,
infectious, regulated radioactive waste, and toxic substances or material that
Facility operator(s) reasonably believe(s) would, as a result of or upon
acceptance, transfer, Processing, or disposal, be a violation of local, State,
or Federal law, regulation, or ordinance, including: land use restrictions or
conditions, waste that cannot be disposed of in Class III Landfills or accepted
at the Facility by permit conditions, waste that in CONTRACTOR’s
reasonable opinion would present a significant risk to human health or the
environment, cause a nuisance or otherwise create or expose
CONTRACTOR or CITY to potential liability; but not including de minimis
volumes or concentrations of waste of a type and amount normally found in
Single-Family or Multi-Family Solid Waste after implementation of programs
for the safe Collection, Processing, Recycling, treatment, and disposal of
batteries and paint in compliance with Sections 41500 and 41802 of the
California Public Resources Code.
Facility or System Facility or Solid Waste Facility means a Solid Waste
Facility, as defined in Public Resources Code section 40194, that for the
purposes of this Agreement is designated by the City to be used by the
CONTRACTOR for the processing, recovery and/or disposal of Solid Waste,
including Recyclable Materials and Organic Waste.
Food Distributor means a company that distributes food to entities including,
but not limited to, Supermarkets and Grocery Stores, or as otherwise defined
in 14 CCR § 18982(a)(22).
Food Recovery means actions to collect and distribute food for human
consumption which otherwise would be disposed, or as otherwise defined in
14 CCR Section 18982(a)(24).
Food Recovery Organization means an entity that primarily engages in the
collection or receipt of Edible Food from Commercial Edible Food
Generators and distributes that Edible Food to the public for Food Recovery
either directly or through other entities, including, but not limited to:
A. A food bank as defined in Section 113783 of the Health and Safety
Code;
B. A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code; and,
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C. A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery
Organization differs from this definition, the definition in 14 CCR Section
18982(a)(25) shall apply to this Agreement.
Food Recovery Service means a person or entity that collects and transports
Edible Food from a Commercial Edible Food Generator to a Food Recovery
Organization or other entities for Food Recovery; or as otherwise defined in
14 CCR Section 18982(a)(26).
Food Scraps means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese,
and eggshells. Food Scraps excludes fats, oils, and grease when such
materials are Source Separated from other Food Scraps.
Food Service Provider means an entity primarily engaged in providing food
services to institutional, governmental, commercial, or industrial locations of
others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14 CCR § 18982(a)(27).
Food-Soiled Paper means compostable paper material that has come in
contact with food or liquid, such as, but not limited to, compostable paper
plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
Food Waste means Source Separated Food Scraps, Food-Soiled Paper,
and Compostable Plastics. Food Waste is a subset of SSGCOW. Edible
Food separated for Food Recovery shall not be considered Food Waste.
Generator means the owner or occupant of a premises, including residences
or businesses, which initially produces Solid Waste, including Recyclable
Materials and Organic Waste.
Gray/Black Container or Lid has the same meaning as in 14 CCR Section
18982(a)(28) and shall be used for the purpose of storage and Collection of
Gray/Black Container Waste.
Gray/Black Container Waste means Solid Waste that is collected in a
Gray/Black Container as specified in 14 CCR Sections 18984.1(a) and (b),
or as otherwise defined in 14 CCR Section 17402(a)(6.5). [Gray/Black
Container Waste may specifically include carpet, and textiles.]
Green Container or Lid has the same meaning as in 14 CCR Section
18982.2(a)(29) and shall be used for the purpose of storage and collection
of SSGCOW .
Grocery Store means a store primarily engaged in the retail sale of canned
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food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry;
and any area that is not separately owned within the store where the
food is prepared and served, including a bakery, deli, and meat and
seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).
Hauler Route(s) means the designated itinerary or sequence of stops for
each segment of the CITY’s collection service area, or as otherwise defined
in 14 CCR Section 18982(a)(31.5).
Large Event means an event, including, but not limited to, a sporting event
or a flea market, that charges an admission price, or is operated by a local
agency, and serves an average of more than 2,000 individuals per day of
operation of the event, at a location that includes, but is not limited to, a
public, nonprofit, or privately owned park, parking lot, golf course, street
system, or other open space when being used for an event. If the definition
in 14 CCR Section 18982(a)(38) differs from this definition, the definition in
14 CCR Section 18982(a)(38) shall apply to this Agreement.
Large Venue means a permanent venue facility that annually seats or serves
an average of more than 2,000 individuals within the grounds of the facility
per day of operation of the venue facility. For purposes of this Agreement, a
venue facility includes, but is not limited to, a public, nonprofit, or privately
owned or operated stadium, amphitheater, arena, hall, amusement park,
conference or civic center, zoo, aquarium, airport, racetrack, horse track,
performing arts center, fairground, museum, theater, or oth er public
attraction facility. For purposes of this Agreement, a site under common
ownership or control that includes more than one Large Venue that is
contiguous with other Large Venues in the site, is a single Large Venue. If
the definition in 14 CCR Section 18982(a)(39) differs from this definition, the
definition in 14 CCR Section 18982(a)(39) shall apply to this Agreement.
Non-Compostable Paper includes, but is not limited to, paper that is coated
in a plastic material that will not breakdown in the composting process, or as
otherwise defined in 14 CCR Section 18982(a)(41).
Organic Waste means Solid Wastes containing material originated from
living organisms and their metabolic waste products including, but not limited
to, food, Yard Trimmings, organic textiles and carpets, lumber, wood, Paper
Products, Printing and Writing Paper, manure, biosolids, digestate, and
sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids
and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR
Section 18982(a)(16.5), respectively.
Paper Products include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated boxes,
tissue, and toweling; or as otherwise defined in 14 CCR Section
18982(a)(51).
Performance-based Compliance Approach means the method of complying
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with the SB 1383 Regulations through implementation of a collection system,
programs, and policies in accordance with 14 CCR, Division 7, Chapter 12,
Article 17, or as otherwise defined by 18982(a)(52.5), and all associated
requirements.
Printing and Writing Papers include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove
envelopes, manila envelopes, book paper, note pads, writing tablets,
newsprint, and other uncoated writing papers, posters, index cards,
calendars, brochures, reports, magazines, and publications; or as otherwise
defined in 14 CCR Section 18982(a)(54).
Process or Processing means the controlled separation, recovery, volume
reduction, conversion, or Recycling of Solid Waste including, but not limited
to, organized, manual, automated, or mechanical sorting, the use of vehicles
for spreading of waste for the purpose of recovery, and/or includes the use
of conveyor belts, sorting lines, or volume reduction equipment, or as
otherwise defined in 14 CCR Section 17402(a)(20).
Prohibited Container Contaminants means the following: (i) discarded
materials placed in the Blue Container that are not identified as acceptable
Source Separated Recyclable Materials for the City’s Blue Container; (ii)
discarded materials placed in the Green Container that are not identified as
acceptable SSGCOW for the CITY’s Green Container; (iii) discarded
materials placed in the Gray/Black Container that are acceptable Source
Separated Recyclable Materials and/or SSGCOW to be placed in CITY’s
Green Container and/or Blue Container; and (iv) Excluded Waste placed in
any Container.
Recyclable Materials or Non-Organic Recyclables means non-putrescible
and non-hazardous recyclable wastes including, but not limited to, bottles,
cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section
18982(a)(43). Non- Organic Recyclables are a subset of Source Separated
Recyclable Materials.
Recycle or Recycling means the process of Collecting, sorting, cleansing,
treating, and reconfiguring materials for the purpose of returning them to the
economic mainstream in the form of raw material for new, Reused, or
reconstituted products that meet the quality standards necessary to be used
in the marketplace. Recycling includes processes deemed to constitute a
reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12,
Article 2. Recycling does not include gasification or transformation as defined
in Public Resources Code Section 40201.
Reuse or any variation thereof, means the use, in the same, or similar, form
as it was produced, of a material which might otherwise be discarded, or as
otherwise defined in 14 CCR Section 17402.5(b)(2).
SB 1383 means Senate Bill 1383 (Chapter 395, Statutes of 2016), which
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added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to
Part 3 of Division 30 of the Public Resources Code, establishing methane
emissions reduction targets in a statewide effort to reduce emissions of
short-lived climate pollutants as amended, supplemented, superseded, and
replaced from time to time.
SB 1383 Regulations refers to the Short-Lived Climate Pollutants
(SLCP): Organic Waste Reductions regulations developed by CalRecycle
and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and
amended portions of regulations of 14 CCR and 27 CCR.
Service Level refers to the number and size of a Generator’s Container(s)
and the frequency of Collection service, as well as ancillary services such
as lock/unlock service, Container push/pull service, etc.
Solid Waste has the same meaning as defined in Public Resources Code
Section 40191, which defines Solid Waste as all putrescible and
nonputrescible solid, semisolid, and liquid wastes, including garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes, demolition and construction
wastes, abandoned vehicles and parts thereof, discarded home and
industrial appliances, dewatered, treated, or chemically fixed sewage sludge
which is not hazardous waste, manure, vegetable or animal solid and
semisolid wastes, and other discarded solid and semisolid wastes, with the
exception that Solid Waste does not include any of the following wastes:
A. Hazardous waste, as defined in Public Resources Code Section
40141.
B. Radioactive waste regulated pursuant to the Radiation Control
Law (Chapter 8 (commencing with Section 114960) of Part 9 of
Division 104 of the Health and Safety Code).
C. Medical waste regulated pursuant to the Medical Waste
Management Act (Part 14, commencing with Section 117600, of
Division 104 of the Health and Safety Code). Untreated medical
waste shall not be disposed of in a Solid Waste Landfill, as defined
in Public Resources Code Section 40195.1. Medical waste that
has been treated and deemed to be Solid Waste shall be regulated
pursuant to Public Resources Code , Division 30.
As used in this Agreement, Solid Waste includes Organic Waste and
Recyclable Materials, unless the context clearly indicates otherwise.
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Source Separated means materials, including commingled Recyclable
materials, that have been separated or kept separate from other materials
within the Solid Waste stream, at the point of generation, for the purpose of
additional sorting or Processing those materials for Recycling or Reuse in
order to return them to the economic mainstream in the form of raw material
for new, reused, or reconstituted products which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in 14 CCR
Section 17402.5(b)(4). For the purposes of the Agreement, Source
Separated shall include separation of materials by the Generator, property
owner, property owner’s employee, property manager, or property
manager’s employee into different Containers for the purpose of Collection
such that Source Separated materials are separated from Gray/Black
Container Waste and other Solid Waste for the purposes of Collection and
Processing.
Source Separated Blue Container Organic Waste or SSBCOW means
Source Separated Organic Wastes that can be placed in a Blue Container
that is limited to the collection of those Organic Wastes and Non-Organic
Recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise
defined by 14 CCR Section 17402(a)(18.7).
Source Separated Green Container Organic Waste or SSGCOW means
Source Separated Organic Waste that can be placed in a Green Container
that is specifically intended for the separate collection of Organic Waste by
the Generator, excluding Source Separated Blue Container Organic Waste,
carpets, Non-Compostable Paper, and textiles.
Source Separated Recyclable Materials means Source Separated Non-
Organic Recyclables and SSBCOW.
Standard Compliance Approach means the method for complying with
the SB 1383 Regulations through implementation of a collection system
pursuant to 14 CCR, Division 7, Chapter 12, Article 3, and all associated
program and policy requirements.
Supermarket means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000), or more, and which sells a line of
dry grocery, canned goods, or nonfood items and some perishable items, or
as otherwise defined in 14 CCR
§ 18982(a)(71).
Tier One Commercial Edible Food Generator means a Commercial Edible
Food Generator that is one of the following, each as defined in 14 CCR
Section 18982:
A. Supermarket.
B. Grocery Store with a total facility size equal to or greater than
10,000 square feet.
C. Food Service Provider.
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D. Food Distributor.
E. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial
Edible Food Generator differs from this definition, the definition in 14 CCR
Section 18982(a)(73) shall apply to this Agreement.
Tier Two Commercial Edible Food Generator means a Commercial Edible
Food Generator that is one of the following, each as defined in 14 CCR
Section 18982:
A. Restaurant with 250 or more seats, or a total facility size equal to
or greater than 5,000 square feet.
B. Hotel with an on-site food facility and 200 or more rooms.
C. Health facility with an on-site food facility and 100 or more beds.
D. Large Venue.
E. Large Event.
F. A State agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
G. A local education agency with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial
Edible Food Generator differs from this definition, the definition in 14 CCR
Section 18982(a)(74) shall apply to this Agreement.
Wholesale Food Vendor means a business or establishment engaged in the
merchant wholesale distribution of food, where food (including fruits and
vegetables) is received, shipped, stored, prepared for distribution to a
retailer, warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR § 189852(a)(76).
Yard Trimmings means types of SSGCOW resulting from normal yard and
landscaping installation, maintenance, or removal that the Generators
Source Separate and set out in Green Containers for Collection for the
purpose of Processing by the CONTRACTOR.
2. Section 2 (Grant of Exclusive Contract) of the Agreement is hereby
amended in its entirety to read as follows: GRANT OF EXCLUSIVE
CONTRACT
CITY grants to CONTRACTOR during the term of this Agreement the
exclusive right and privilege to collect and transport to a Disposal Facility (or
in the case of Recyclable Materials or Organic Waste, to a Processing
Facility), Refuse, Recyclable Materials, and Organic Waste, exclusive of
Hazardous and Special Waste, produced, generated, kept and/or
accumulated within CITY limits as those limits may exist at any time during
the term of this Agreement.
All Bulk Construction Waste from all sources shall be deemed generated
from Commercial Premises and shall be collected by CONTRACTOR
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through Bin service under this Agreement.
This Agreement shall not preclude the following categories of Recyclable
Materials, Organic Materials, and Solid Waste listed below from being
delivered to and Collected and transported by others, provided that nothing
in this Agreement is intended to or shall be construed to excuse any person
from obtaining any authorization from the City which is otherwise required by
law:
A. Recyclable and Organic Materials. Collection and transport of
Recyclable Materials and Organic Materials other than Edible Food
that have been Source Separated from Solid Waste by the Generator
and that: (1) Generator sells or donates to any other person, provided
that there is no net payment made by the G enerator to such other
person
B. Donated or Sold Materials. Recyclable Materials and Organic Waste
which are Source Separated at any premises by the Generator and
sold or donated to other persons, including youth, civic, or charitable
organizations.
C. Edible Food. Edible Food which is collected from a Generator by other
person(s), such as a person from a Food Recovery Organization or
Food Recovery Service, for the purposes of Food Recovery, or which
is transported by the Generator to another person(s), such as a
person from a Food Recovery Organization, for the purposes of Food
Recovery, regardless of whether the Generator donates, sells, or
pays a fee to the other person(s) to collect or receive the Edible Food
from the Generator.
D. Animal Feed Byproducts. The hauling of byproducts from the
processing of food or beverages if those byproducts meet all of the
requirements of Public Resources Code Section 40059.4(b)(1)-(5).
E. Beverage Containers. Containers delivered for Recycling under the
California Beverage Container Recycling and Litter Reduction Act,
Section 14500, et seq. California Public Resources Code.
F. Materials Removed by Customer’s contractor as Incidental Part of
Services. Recyclable Materials, Organic Materials, Solid Waste, and
Bulky Items removed from a premises by a contractor (e.g., gardener,
landscaper, tree- trimming service, construction contractor,
Residential clean-out service) as an incidental part of the service
being performed, rather than as a separately contracted or
subcontracted hauling service; or if such contractor is providing a
service which is not included in the scope of this Agreement.
G. On-Site Composting or Community Composting. Organic Materials
Composted on a Residential Premise or otherwise legally managed
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at the site where it is generated or at a Community Composting site.
CONTRACTOR acknowledges and agrees that the CITY may permit other
persons besides the CONTRACTOR to Collect any and all types of materials
excluded from the scope of this Franchise, as set forth above, without
seeking or obtaining approval of CONTRACTOR.”
3. Section 3.a. (Consideration - Franchise Fee) of the Agreement is hereby
amended in its entirety to read as follows:
“a. Franchise Fee
In consideration of this Agreement and the permit and franchise given
CONTRACTOR under this Agreement, CONTRACTOR shall pay to CITY as
an administration and franchise fee sixteen percent (16%) of all sums
collected by CITY on behalf of CONTRACTOR or Affiliated Companies, and
sixteen percent (16%) of CONTRACTOR’s or Affiliated Companies’ gross
revenues from all operations in the CITY of CONTRACTOR or Affiliated
Companies pursuant to this Agreement for each annual period, exclusive of
payments received by CONTRACTOR or Affiliated Companies from the sale
of Recyclable Materials, but including any monies received from
governmental entities, including CITY (“Franchise Fee”). CITY may adjust
the Franchise Fee from time to time, provided that if CITY increases the
Franchise Fee, CONTRACTOR may increase its rates by the amount
necessary to pass through the increase in the Franchise Fee.
CONTRACTOR and CITY agree the Franchise Fee is a negotiated amount
that is reasonably related to the value of the rights granted to
CONTRACTOR under this Agreement. CITY may use the Franchise Fee for
any lawful purpose.”
4. The first sentence of Section 6.a. (Scope of Services – General) of the
Agreement is hereby amended to read as follows: “CONTRACTOR shall
provide Refuse, Recyclable Materials, and Organic Waste collection,
transportation, processing and disposal services within CITY in accordance
with Exhibit D and the terms of this Agreement.”
5. The following paragraph is hereby added as the second paragraph of
Section 6.e.v. (Scope of Services – Diversion – Indemnification):
“CONTRACTOR’s duty to defend and indemnify herein includes payment of
all fines and/or penalties imposed by CalRecycle, subject to the restrictions
set forth in Public Resources Code Section 40059.1, if the requirements of
AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations
are not met by the CONTRACTOR with respect to Solid Waste collected
under this Agreement, and such failure is: (i) due to the failure of
CONTRACTOR to meet its obligations under this Agreement, or, (ii) due to
CONTRACTOR delays in providing information that prevents
CONTRACTOR or CITY from submitting reports required by AB 939, AB
341, AB 1826, and/or SB 1383 and corresponding regulations in a timely
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manner. The provisions of this paragraph shall survive the termination or
expiration of this Agreement.”
6. Section 6.h. (Scope of Services – Provision and Replacement of
Containers and Bins) of the Agreement is hereby amended to read as
follows:
“CONTRACTOR shall provide Generators with Collection Containers.
CONTRACTOR shall promptly provide without cost, to each new Residential
Customer using Container service, three (3) Containers, including one (1) for
collection and storage of Refuse, one (1) for collection and storage of
Recyclable Materials, and one (1) for collection and storage of Organic
Waste. Upon request of any Customer for replacement of a stolen, broken
or damaged beyond repair Container, CONTRACTOR shall provide such
Container without cost to the Customer or to CITY unless it is determined
that the damage was caused by the customer’s willful negligence. .
CONTRACTOR shall provide Bins to Customers, including, without
limitation, CITY, who obtain Bin service.
On or before January 1, 2022, CONTRACTOR shall place a label on the
body or lid of each new Container that has been p rovided to a Generator that
includes language or graphic images, or both, that indicate the primary
materials accepted and the primary materials prohibited in that container.
Labels shall clearly indicate items that are Prohibited Container
Contaminants for each container. Prior to ordering labels for containers,
CONTRACTOR shall submit a copy of its proposed label, proposed
location(s) for placement of labels on each type of container, and its labeling
plan to the CITY for approval.
No later than January 1, 2036, CONTRACTOR shall provide all Generators
with Collection Containers that comply with the container color requirements
specified in this Agreement or as otherwise specified in the SB 1383
Regulations. If an existing Container breaks or is otherwise rendered non-
functional on or after January 1, 2022, the CONTRACTOR shall replace the
non-functional container with a Container that complies with the color
requirements of the SB 1383 Regulations. Notwithstanding this paragraph,
the CONTRACTOR is not required to replace functional Containers,
including Containers purchased prior to January 1, 2022, that do not comply
with the color requirements of this Agreement prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes first.”
7. Section 7.w. (Other Services of Contractor - Procurement) is hereby
added to the Agreement to read as follows:
“w. Procurement
8. CONTRACTOR agrees to coordinate and cooperate with the City to
meet its Organic Waste produce procurement target, as required by
SB 1383 Regulations. Section 7.x. (Other Services of Contractor –
Identification of Facilities) is hereby added to the Agreement to read
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as follows:
“x. Identification of Facilities
If the CITY uses the Standard Compliance Approach under the SB 1383
Regulations for the collection of Organic Waste, CONTRACTOR shall
identify the Facilities to which CONTRACTOR will transport Organic Waste
as required by the SB 1383 Regulations.”
Whenever the term “Recyclable Material” appears in Section 11 (Ownership of
Solid Waste) the phrase “ and Organic Waste” shall be inserted.
Exhibit “C” (CITY Facilities) attached hereto and incorporated herein, is hereby
added to this Agreement.
Exhibit “D” (Provided Services) attached hereto and incorporated herein, is
hereby added to this Agreement.
GENERAL PROVISIONS.
12.1 Remainder Unchanged. Except as specifically modified by this Fifth
Amendment, the Agreement remains in full force and effect and binding
upon the parties. All capitalized terms in this Fifth Amendment shall have
the meaning ascribed by them in the Agreement unless otherwise noted in
this Fifth Amendment.
12.2 Counterparts. This Fifth Amendment may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts
shall be construed together and shall constitute one document.
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Resolution No. 3925
Page 14 of 15
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 21st
day of June, 2022, by the following vote:
AYES: Ruiz, Hawkins, Heath, Ledezma
NAYS: None
ABSENT: Ayala
ABSTAIN: None
CITY OF SAN J ACINTO:
_______________________
Crystal Ruiz, Mayor
ATTEST:
_____________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
__________________________
Michael J. Maurer, City Attorney
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Resolution No. 3925
Page 15 of 15
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF SAN JACINTO )
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do
hereby certify that the foregoing Resolution No. 3925 was introduced at a regular meeting
of the City Council of the City of San Jacinto on the 21st day of June, 2022. Resolution No.
3925 was passed, approved, and adopted by the City Council of the City of San Jacinto,
California, at a regular meeting of the City Council held on the 21st day of June 2022:
AYES: Ruiz, Hawkins, Heath, Ledezma
NAYS: None
ABSENT: Ayala
ABSTAIN: None
WITNESS MY HAND AND SEAL the 21st day of June 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto
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