HomeMy WebLinkAboutCM MSS Franchise Agreement Amendment 4FOURTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION
AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
This FOURTH AMENDMENT to the Amendment and Restatement of Collection Agreement between the
CITY OF SAN RAFAEL (CITY) and MARIN SANITARY SERVICE (COMPANY) is made and entered into this w7-I?
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WHEREAS, the CITY and COMPANY entered into a written agreement on September 4, 2001, as amended
on March 1, 2005, November 14, 2012, and December 17, 2018 (together the "Agreement") pursuant to
which the COMPANY renders Solid Waste, Recyclable Material and Green Waste collection, processing
and disposal services to businesses, residents and government institutions in the CITY; and
WHEREAS, certain state laws require cities, counties, and special districts providing solid waste collection
services to adopt ordinances and take other measures to reduce the amount of organic and recyclable
materials deposited in landfills from commercial and residential generators, more specifically the Short -
Lived Climate Pollutants Organic Waste Reduction regulations adopted pursuant to Senate Bill 1383
(Statutes of 2016) set forth in the California Code of Regulations (the "SB 1383 Regulations").
WHEREAS, the SB 1383 Regulations require cities, counties, and special districts providing solid waste
collection services to, by January 1, 2022, provide certain new programs; and
WHEREAS, pursuant to the terms and conditions of the Agreement, CITY and COMPANY met and
conferred and have agreed that COMPANY will be responsible for the programs provided for herein; and
WHEREAS, CITY and COMPANY mutually desire to amend the Agreement to describe these programs in
more detail.
NOW, THEREFORE, it is mutually agreed as follows:
1. Effective Date. This Amendment shall take effect January 1, 2022.
2. Definitions. For purposes of this Amendment, the terms set forth in Exhibit A, attached hereto and
incorporated herein, shall have the meanings given to them in such exhibit.
3. Three -Container Organ ic Waste Collection Services.
3.1. Phased Implementation. CITY and COMPANY acknowledge that COMPANY's Organic Waste
Collection routes must be expanded to satisfy the requirements of the SB 1383 Regulations, and
that new collection trucks must be procured by COMPANY in order to provide such services.
Beginning January 1, 2022 all new customers will be provided base level of collection service
including Recycling Container, Organics Container and Garbage Container collection service.
Between January 1, 2022 and December 31, 2023, COMPANY shall continue and expand its
Organic Waste collection service to existing customers within CITY. By January 1, 2024, COMPANY
shall provide Organic Waste collection service to all of its customers within CITY who are
subscribed to and pay for Solid Waste collection service, unless (i) the customer is categorically
exempted under CITY's municipal code from the requirement to subscribe for Organic Waste
collection service, or (ii) the customer qualifies for and is granted a State- or CITY -issued waiver.
COMPANY will work with customers to appropriately size collection containers such that source -
separation of all materials is possible without any overflow of material, and if any disputes arise
or overages occur, the CITY will make the final determination on proper container size.
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FOURTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION
AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
4. Container Colors.
4.1. General Requirement. COMPANY shall ensure that each Container that it newly purchases after
January 1, 2022 and provides to a customer serviced under the Agreement conforms to the
following designations in distinct colors as required or permitted by CalRecycle: Garbage
Containers for collection of Solid Waste, Recycling Containers for collection of Recyclable
Materials, and Organics Containers for collection of Organic Waste. In addition, COMPANY shall
ensure that all Containers it uses to provide such services to customers serviced under the
Agreement conform to such color scheme by January 1, 2036.
4.2. 5 ecific Material T es. Paper products and printing and writing paper, each as defined in the SB
1383 Regulations, may be placed in either the Recycling Container or the Organics Container.
Carpet and textiles may not be placed in either the Recycling Container or the Organics Container.
5. Container Labels.
5.1. General Requirement. COMPANY shall ensure that each Container that it newly purchases after
January 1, 2022 and provides to a customer serviced under the Agreement shall be labeled or
imprinted with language and/or graphics that clearly indicates the primary items accepted and
the primary items that are Prohibited Container Contaminants for that Container type.
COMPANY may comply with this section by using model labeling provided by CalRecycle.
6. Route Reviews.
6.1. General Requirement. At least once annually, beginning in 2022, COMPANY shall conduct a Route
Review for each Hauler Route. The number of Containers to review per Hauler Route shall be
calculated on the basis of the number of garbage accounts provided service by a specific Hauler
Route for one week. For example, "Route A" collects garbage from 250 accounts, 4 days per week
for a total of 1,000 accounts per week; include a minimum of 25 accounts for Route Review of
"Route A". For each Route Review of a Hauler Route, COMPANY shall inspect at least the
following minimum number of Containers but may inspect more if COMPANY deems necessary;
and shall inspect all Containers placed for collection (including Recycling Containers, Organics
Containers, and Garbage Containers). Each inspection shall involve lifting the Container lid and
observingthe contents but shall not require COMPANY to disturb the contents or open any bags.
COMPANY may select the Containers to be inspected at random, or (if mutually agreed with CITY)
by any other method not prohibited under the SB 1383 Regulations. For the avoidance of doubt,
COMPANY shall not be required to annually inspect every Container on a Hauler Route.
COMPANY shall include the results of each Route Review in its next regularly scheduled report
to CITY, as required by Section 9.
Route Size # garbage accounts week
Minimum Number of Containers
Less than 1,500
25
1,500-3,999
30
4,000-6,999
35
7,000 or more
40
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FOURTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION
AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
6.2. Notice of Contamination. If COMPANY observes Prohibited Container Contaminants in a
Container during a Route Review comprising ten percent or more of observable container
volume, COMPANY shall notify the customer of the violation in writing. The written notice shall
include information regarding the requirement to properly separate materials into the
appropriate Containers. The notice may be left on the customer's Container, gate, or door at the
time the violation is discovered, and/or be mailed, e-mailed, electronically messaged or delivered
personally to the customer within 30 days. COMPANY may dispose of the contents of any
Container found to contain Prohibited Container Contaminants and may charge a contamination
fee not to exceed the fee in Exhibit C. The notice shall be provided in English and Spanish.
7. Compliance Reviews.
7.1. General Requirement. At least once annually, beginning in 2022, COMPANY shall review the
records of its Commercial and Multi -Family customers in CITY that are subscribed for at least two
(2) cubic yards per week of combined Solid Waste, Organic Waste and Recyclable Materials
service, to determine whether such customers are subscribed for Organic Waste collection
service or have an applicable waiver. COMPANY shall include the results of each compliance
review in its next regularly scheduled report to CITY, as required by Section 9.
7.2. Site Visit Re uirement. Based on COMPANY's review of the list of customers requiring site visit
compiled in accordance with section 7.1 above, COMPANY shall conduct an annual site visit to
each Commercial and Multi -Family customer in CITY that is determined to not be enrolled in 3 -
container organic waste collection service and not be eligible for a waiver based on the CITY
determination, to encourage those businesses to sign up for SB 1383 compliant Organics Waste
service and provide educational material about the law's requirements.
8. Education & Outreach.
8.1. Prior to February 1, 2022, and annually thereafter, COMPANY shall provide the following to all
its customers under the Agreement:
8.1.1. Information on the customer's requirements to properly separate materials in appropriate
containers.
8.1.2.Information on methods for: the prevention of Organic Waste generation, recycling Organic
Waste on-site, sending Organic Waste to community composting, and any other local
requirements regarding Organic Waste.
8.1.3.lnformation regarding the methane reduction benefits of reducing the landfill disposal of
Organic Waste, and the methods of Organic Waste recovery contemplated by the
Agreement.
8.1.4.Information regarding how to recover Organic Waste.
8.1.5.Information related to the public health and safety and environmental impacts associated
with the landfill disposal of Organic Waste.
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FOURTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION
AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
8.2. The above information will be provided, at a minimum, through print and/or electronic media,
and may also be provided through workshops, meetings and/or on-site visits.
8.3. COMPANY shall provide an educational webpage which includes downloadable copies of all the
materials described in Section 8.1, as well as an educational brochure to be provided by CITY for
edible food recovery outreach,
8.4. Educational materials provided pursuant to the above shall be translated into Spanish.
8.5. COMPANY shall provide educational materials to customers discovered to be out of compliance
with the SB 1383 Regulations requirements and report a list of such customers as well as actions
taken to the CITY on a periodic basis as required by CITY.
9. Waivers. COMPANY shall be responsible for the distribution, collection and evaluation of waiver
applications as appropriate and provide the CITY a recommendation to accept or deny waiver
requests. COMPANY shall develop waiver application forms and shall provide them to CITY for CITY
approval prior to use. COMPANY shall evaluate requests for exemption or waiver from the Act's
requirements and provide the CITY periodic recommendations and supporting documentation to
deny or approve waivers, including a site visit and re-evaluation at least every five years as required
by the SB 1383 Regulations.
10. Edible Food Recover+ COMPANY shall provide CITY with a list of Tier One commercial edible food
generators located in their jurisdiction by January 1, 2022 and annually thereafter. COMPANY shall
provide CITY with a list of Tier Two commercial edible food generators located within their jurisdiction
by January 1, 2024 and annual thereafter.
11. Reporting.
11.1. Beginning January 1, 2022, COMPANY shall provide the following information to CITY
annually, by February 15 of the year following the reporting year:
11.1.1. For information provided by COMPANY pursuant to Section 8 above:
(a) Copies of all such information (including flyers, brochures, newsletters, invoice
messaging, website and social media postings, emails, and other electronic
messages).
(b) The date the information was disseminated or the direct contact made. For website
and social media postings, this shall be the date posted.
(c) To whom the information was disseminated or the direct contact made. For mass
distributions such as mailings or bill inserts, COMPANY may provide the type and
number of accounts receiving the information, rather than listing each recipient
individually.
11.1.2. For Route Reviews and Compliance Reviews'
(a) The date the review was conducted.
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FOURTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION
AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
(b) The name and title of each person conducting the review.
(c) A list of the account names and addresses covered by the review.
(d) For Route Reviews, a description of each Hauler Route reviewed, including
COMPANY's route number and a description of the Hauler Route area.
(e) For Route Reviews, the results of such review (i.e., the addresses where any
Prohibited Container Contaminants were found), and any photographs taken.
(f) For Compliance Reviews, the results of such review (i.e., COMPANY's findings as to
whether the customers reviewed are subscribed for Organic Waste collection service,
have an applicable waiver, or neither) and any relevant evidence supporting such
findings (e.g. account records).
(g) Copies of any educational materials issued pursuant to such reviews.
11.1.3. Documentation relating to observed Prohibited Container Contaminants, whether
observed during Route Reviews or otherwise:
(a) Copies of the form of each notice issued to customers for Prohibited Container
Contaminants, as well as, for each such form, a list of the customers to which such
notice was issued, the date of issuance, the customer's name and service address,
and the reason for issuance (if the form is used for multiple reasons). This information
will also be provided monthly to any other government entity approved by the CITY,
including but not limited to Zero Waste Marin requests.
(b) The number of times notices were issued to customers for Prohibited Container
Contaminants.
(c) The number of Containers where the contents were disposed due to observation of
Prohibited Container Contaminants.
11.1.4. A description of COMPANY's process for determining the level of Container
contamination under the Agreement.
11.1.5. Reports to CITY on customers discovered to be out of compliance with the SB 1383
Regulations, including a list of the customers, the type of violation, actions taken to educate
those customers, and contact information for those customers. Such reports shall be
provided periodically as required by CITY. .
12. Section 18988.1 and 18988.2 Compliance. COMPANY is responsible for delivery of all Solid Waste to
properly permitted disposal facilities, transfer stations, recyclable materials processing facilities,
organics processing facilities, and C&D processing facilities as listed in Exhibit B. The list may be
amended from time to time by COMPANY, subject to CITY approval of the amended list. Failure to
comply with this provision will result in the levy of any Administrative Charge or Penalty that may be
provided in the San Rafael Municipal Code and may result in COMPANY being in default under this
Agreement. CITY hereby approves delivery of Organic Waste to such facility(ies). COMPANY shall
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FOURTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION
AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
comply with its obligations under this Amendment and the obligations that by operation of law are
imposed upon it directly pursuant to Chapter 12 of the SB 1383 Regulations.
13. Future Changes. The parties acknowledge that future changes to this Amendment or the Agreement
may be desirable to assist the parties with their respective compliance obligations under the SB 1383
Regulations or subsequent amendments thereto or interpretations thereof. The parties agree to
negotiate any such proposed changes in good faith. The foregoing shall not be deemed to limit either
party's rights or remedies under the Agreement.
14. Miscellaneous. In the event of any conflict between this Amendment and the Agreement, this
Amendment shall govern. Section headings in this Amendment are for convenience only and shall not
be used in the interpretation of this Amendment. This Amendment may be executed in counterparts
and/or by electronic signature (e.g., DocuSign). As used in this Amendment, "including" and its
variants mean "including without limitation."
[Remainder of this page intentionally left blank]
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FOURTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION
AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
IN WITNESS WHEREOF, this Amendment is entered into as of the date first written above.
CITY OF SAN RAFAEL -
By; _ N,
NameJ i 5� hu tz
Title:
Date; —'t Z
APPROVED AS TO FORM:
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ROBtYM F. EPSTEIN, CityA ey
ATTEST:
LINDSAY LARA, City Clerk
MARIN
By:CT7l,U
Name 4 IN
Title;
'Nr'cta i oto.
Date: �q
Page 7 of 10
FOURTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION
AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
Exhibit A
DEFINITIONS
"Act" means the California Integrated Waste Management Act of 1989 (sometimes referred to as CIWMA
or "AB 939"), Public Resources Code § 40000 and following as it may be amended, including but not
limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins,
SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short -Lived
Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.
"Recycling Container" means a Container for the collection of recyclable materials as defined in the
Agreement. The Recycling Container shall be colored as defined in the SB 1383 Regulations.
"Container" means any Cart, Bin or Debris Box.
"Garbage Container" means a Container for the collection of Garbage, which does not include Organic
Waste or recyclable materials as defined in the Agreement. The Garbage Container shall be colored as
defined in the SB 1383 Regulations.
"Organics Container" means a Container forthe collection of Organic Waste and colored as defined in the
SB 1383 Regulations. Hardware such as hinges and wheels may be any color.
"Food Waste Container" means a Containerforthe collection of Commercial Food Waste only and colored
as defined in the SB 1383 Regulations.
"Hauler Route" means the designated weekly itinerary or sequence of stops scheduled to be performed
by one collection vehicle providing regularly scheduled Solid Waste, Recyclable Material or Organic Waste
collection services (not on-call or Bulky Item/Abandoned Waste) within the COMPANY's collection service
area under the Agreement.
"Organic Waste" means wastes comprising material originated from living organisms and their metabolic
waste products, including food, green material, landscape and pruning waste, clean unpainted/untreated
wood (with no nails, wire, etc.), paper products, and printing and writing paper, but excluding textiles and
carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris,
and Hazardous Waste. No material shall be considered Organic Waste unless it has been segregated by
the customer for separate collection.
"Prohibited Container Contaminants" means any of the following:
(a) Non -Organic Waste placed in the Organics Container, including but not limited to textiles and
carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction &
Demolition Debris, and Hazardous Waste;
(b) Organic Waste placed in the Garbage Container that is specifically identified under the
Agreement for collection in the Organics Container or Recycling Container;
(c) Organic Waste placed in the Recycling Container that is specifically identified under the
Agreementfor collection in the Organics Container. Paper products and printing and writing paper
Page 8 of 10
FOURTH AMENDMENTTO THE AMENDMENT AND RESTATEMENT OF COLLECTION
AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
may be considered acceptable and not considered Prohibited Container Contaminants if they are
placed in the Recycling Container.
"Route Review" means a visual inspection of Containers along a Hauler Route for the purpose of
identifying Prohibited Container Contaminants, which may include mechanical inspection methods such
as use of cameras.
"SB 1383 Regulations" means the Short-lived Climate Pollutants (SLCP): Organic Waste Reductions
regulations adopted by the California Department of Resources Recycling and Recovery ("CalRecycle") in
2020 and found in California Code of Regulations Title 14, Division 7, Chapter 12.
For purposes ofthisAmendment, the following terms (whether or not capitalized) shall have the meanings
given to them in the SB 1383 Regulations, unless the context indicates a different meaning was intended:
biosolids, digestate, food, non-compostable paper, paper products, printing and writing paper, sludges.
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FOURTH AMENDMENTTO THE AMENDMENT AND RESTATEMENT OF COLLECTION
AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
Exhibit B
FACILITIES
Marin Sanitary Service Transfer Station
1050 Andersen Drive San Rafael CA 94912
Marin Recycling Center
535 Jacoby Street San Rafael CA 94912
Marin Resource Recovery Center
535 Jacoby Street San Rafael CA 94901
Page 10 of 10
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Sustainability
Project Manager: Cory Bytof Extension: 3407
Contractor Name: Marin Sanitary Service
Contractor's Contact: Patty Garbarino Contact's Email: Patty.garbarino@marinsanitary.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
Project Manager
DATE
Check/Initial
1
a. Email PINS Introductory Notice to Contractor
n/a
❑X
11/17/2021
NA
` b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
❑X CB
2
City Attorney a. Review, revise, and comment on draft agreement
12/1/2021
and return to Project Manager
n/a
® LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
Department Director Approval of final agreement form to send to
® LG
3
Click or tap
contractor
to enter a
date.
4
Project Manager
Forward three (3) originals of final agreement to
Click here to
0 CB
contractor for their signature
enter a date -
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
12/6/2021
Date of City Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager Forward signed original agreements to City
11/28/22
Attorney with printed copy of this routing form
City Attorney Review and approve hard copy of signed
CB
7
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
2� LZ
City Manager/ Mayor
(for Public Works Contracts)
1t
9
Agreement executed by City Council authorized
official
10
City Clerk
Attest signatures, retains original agreement and
1 2�
forwards copies to Project Manager
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