HomeMy WebLinkAboutContract_ProcurementDSP_ZeroFoodPrint(2024).pdf
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CONSULTANT SERVICES AGREEMENT
[Non-Design Professionals]
THIS AGREEMENT (the "Agreement") is made as of June 18, 2024 by and
between the City of Diamond Bar, a municipal corporation ("City") and Zero Foodprint,
a California non-profit organization ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement , Consultant shall
provide to the reasonable satisfaction of the City the compost procurement and record
keeping services set forth in the attached Exhibit "A", which is incorporated herein by
this reference. As a material inducement to the City to enter into this Agreement,
Consultant represents and warrants that it has thoroughly investigated the work and
fully understands the difficulties and restrictions in performing the work. Consultant
represents that it is fully qualified to perform such consulting services by virtue of its
experience and the training, education and expertise of its principals and employees.
Management Analyst Cathy Nguyen (herein referred to as the “City’s Project
Manager”), shall be the person to whom the Consultant will report for the performance
of services hereunder. It is understood that Consultant shall coordinate its services
hereunder with the City’s Project Manager to the extent required by the City’s Project
Manager, and that all performances required hereunder by Consultant shall be
performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect July 1, 2024, and
shall continue until June 30, 2026 ("Term"), unless earlier terminated pursuant to the
provisions herein.
The City Manager shall have the option to extend this Agreement for two (2)
one-year terms, subject to the same terms and conditions contained herein, by giving
Consultant written notice of the exercise of this option at least thirty (30) days prior to
the expiration of the initial Term. In the event the City exercises its option to extend the
Term, Consultant's compensation shall be subject to an adjustment upon the effective
date of extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles -Anaheim-Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
"Index Month") as reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
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services set forth in Exhibit "A." Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed ninety-nine thousand dollars ($99,000) annually without
the prior written consent of the City . The above not to exceed amount shall include all
costs, including, but not limited to, all clerical, administrative, overhead, telephone,
travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
C. Reserved.
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in
the scope or complexity of work, or for any other reason, shall be made unless and until
such extra services and a price therefor e have been previously authorized in writing and
approved by the City Manager or his designee as an amendment to this Agreement.
The amendment shall set forth the changes of work, extension of time , if any, and
adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits (“A”), the provisions of this
Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent , except as
specifically provided herein. Neither City nor any of its agents shall have control over
the conduct of Consultant or any of Consultant's employees, except as set forth in this
Agreement. Consultant shall not, at any time, or in any manner, represent that it or any
of its agents or employees are in any manner employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. In the event that City is
audited by any Federal or State agency regarding the independent contractor status of
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Consultant and the audit in any way fails to sustain the validity of a wholly independent
contractor relationship between City and Consultant, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and
hold City harmless from any failure of Consultant to comply with applicable Worker's
Compensation laws.
D. Consultant shall, at Consultant’s sole cost and expense fully secure and
comply with all federal, state and local governmental permit or licensing requirements,
including but not limited to the City of Diamond Bar, South Coast Air Quality
Management District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to
offset against the amount of any fees due to Consultant under this Agreement any
amount due to City from Consultant as a result of Consultant's failure to promptly pay to
City any reimbursement or indemnification required by this Agreement or for any
amount or penalty levied against the City for Consultant’s failure to comply with this
Section.
8. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions and represents that it and any subcontractors it may engage, possess
any and all licenses which are required to perform the work contemplated by this
Agreement and shall maintain all appropriate licenses during the performance of the
work.
9. Indemnification.
Consultant shall indemnify, defend with counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and
against all liability, loss, damage, expense, cost (including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with:
(1) Any and all claims under Workers’ Compensation Act and other
employee benefit acts with respect to Consultant’s employees or Consultant’s
contractor’s employees arising out of Consultant’s work under this Agreement;
and
(2) Any and all claims arising out of Consultant 's performance of work
hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City’s passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of
the City. Should City in its sole discretion find Consultant’s legal counsel
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unacceptable, then Consultant shall reimburse the City its costs of defense,
including without limitation reasonable attorneys' fees, expert fees and all other
costs and fees of litigation. The Consultant shall promptly pay any final judgment
rendered against the Indemnitees. It is expressly understood and agreed that
the foregoing provisions are intended to be as broad and inclusive as is permitted
by the law of the State of California and will survive termination of this
Agreement. Except for the Indemnitees, this Agreement shall not be construed
to extend to any third party indemnification rights of any kind.
(3) The Consultant's obligations to indemnify, defend and hold harmless
the City shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a
result of wrongful or negligent acts by Consultant, its officers, employees, agents,
and independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) Automotive liability insurance written on an occurrence basis covering
any owned, non-owned and hired automobiles, with minimum combined single
limits coverage of $1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is
greater.
B. The City, its officers, employees, agents, and volunteers shall be named
as additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City at least ten (10) days prior written notice thereof. Consultant agrees that it
will not cancel, reduce or otherwise modify the insurance coverage and in the event of
any of the same by the insurer to immediately notify the City.
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D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by
the City; and shall be placed have a current A.M. Best's rating of no less than A -, VII.
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self -insured retention
(“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant’s due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Consultant fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Con sultant.
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor
to the City for review and approval. All insurance for subcontractors shall be subject to
all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
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for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records . In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation, monetary
or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a
result of the performance of this Agreement. Consultant's covenant under this section
shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
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16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under it supervision, and all personnel engaged in the work shall be
qualified to perform such services. .
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of Consultant state either that it is an equal opportunity employer or that
all qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement, including completion of the procurement to meet the 65% target
by December 31, 2024; 100% target by December 31, 2025; and 100% target by
December 31 of any year that is covered in the event of a term extension.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Liquidated Damages. Consultant shall pay City, or have withheld from
monies due it, as liquidated damages, the sum of $100 Dollars per day for each and
every calendar day's delay in finishing the work within the time specified, including any
written extensions which may be granted, in writing, in accordance with this Agreement.
21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant’s control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
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the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Reserved.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
27. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
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“CONSULTANT” “CITY”
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Attn.: _______________
Phone: Phone:
E-Mail:E-mail:
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California. The venue for any
action brought under this Agreement shall be in Los Angeles County.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
[SIGNATURE PAGE FOLLOWS]
Zero Foodprint
2370 Market St Ste 103, Box #332
San Francisco, CA 94114
Leo Beckerman
(510) 214-2515
leo@zerofoodprint.org
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IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Consultant" "City"
Zero Foodprint CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: Dan Fox, City Manager
Title:
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:____
Omar Sandoval, City Attorney
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
Leo Beckerman
Director of Operations
Exhibit “A”
Scope of Work
1. The purpose of the work to be provided by Zero Foodprint to the City of Diamond
Bar is to facilitate City's compliance with Senate Bill (“SB”) 1383’s recovered
organic waste product procurement requirements, as described in the California
Code of Regulations Title 14, Division 7, Chapter 12, Article 12 – Procurement of
Recovered Organic Waste Products (14 CCR 18993.1 et seq.) (“SB 1383
Regulations”).
2. Zero Foodprint will use funds provided by City pursuant to section 3, below, to
provide reimbursements to incentivize farmers and other compost users
(“Farmers”) to acquire and use recovered organic waste product (“compost”) that
complies with the requirements of the SB 1383 Regulations.
3. Zero Foodprint will require Farmers to use compost only from acceptable sources
per SB 1383 Regulations sec. 18993.1(f)(1) and will require that Farmers use the
compost in a manner that satisfies the requirements of the SB 1383 Regulations.
4. Zero Foodprint will obtain from Farmers necessary documentation to ensure
compliance with SB 1383 Regulations and provide that documentation to City no
later than sixty (60) days after the end of the Procurement Term . Documentation
includes the following:
a. Agreements between Zero Foodprint and the Farmers;
b. Name, physical location, and contact information of each entity, operation,
or facility from which the compost was procured;
c. Amount of compost procured;
d. General description of how the compost was used;
e. Description of where the compost was applied;
f. Invoices or receipts for purchase of the compost.
If the California Department of Resources Recycling and Recovery (“CalRecycle”)
or other City with oversight over City’s compliance with SB 1383 and the SB 1383
Requests from City further documentation to establish procurement and use of the
compost, Zero Foodprint will work with City to identify, obtain, and/or provide such
documentation.
5. Zero Foodprint will ensure that any compost procured on City's behalf is not
applied toward the SB 1383 recovered organic waste product procurement target
of any other jurisdiction except as authorized by City.
6. Zero Foodprint and City agree that the Farmers are intended to be Direct Service
Providers to City pursuant to SB 1383 Regulations sec. 18982(17). If Zero
Foodprint itself procures the compost on behalf of City, Zero Foodprint shall be the
Direct Service Provider to City pursuant to SB 1383 Regulations sec. 18982(17).
Procurement Goal
Zero Foodprint will ensure that a total of 4,343 tons of compost will be procured on the
City’s behalf during the term of this agreement in order to meet SB 1383 Recovered
Organic Waste Product (ROWP) requirements of 1,711 tons in 2024 and 2,632 tons in
2025.
Compost Requirements
As required in 14 CCR 18993.1(f)(1), compost procured to perform the Services shall
meet the following criteria:
1) Materials:
a) Acceptable materials are:
i) Compost, including fine, medium, and coarse compost.
ii) The portion of topsoil, biotreatment soil mix, or other blend that is
compost.
iii) See attached specification for additional requirements.
b) Unacceptable materials include:
i) Compost that exceeds state maximum limitations for pathogens, metals,
and physical contaminants in 14 CCR § 17868.2 – 17868.3.1.
ii) Uncomposted compostable materials, including:
(1) Digestate
(2) Biosolids/sewage sludge
(3) Manure
(4) Tree trimmings and green waste
iii) Biochar
iv) Fertilizers and soil amendments, including:
(1) synthetic fertilizer
(2) nitrolized sawdust
(3) gypsum
(4) urea
v) Topsoil, fill (except as described in (1)(a)(ii))
2) Sources:
a) Acceptable sources of compost: (per 14 CCR 18993.1(f)(1)):
i) A compostable material handling facility with a Full Solid Waste Facility
Permit or Registration Permit, or that is authorized under the Enforcement City
Notification Tier under 14 CCR § 17854.1
ii) A large volume in-vessel digestion facility that composts on-site.
3) Definitions:
a) “Biochar” means the charcoal product of biomass conversion through pyrolysis
(along with ash and syngas).
b) “Biosolids” means solid, semi-solid, or liquid residue generated during the
treatment of domestic sewage in a treatment works. Biosolids includes, but is not limited
to, treated domestic septage and scum or solids removed in primary, secondary, or
advanced wastewater treatment processes. Biosolids includes the residue solids
resulting from the co-digestion of anaerobically digestible material with sewage sludge.
Biosolids does not include ash generated during the firing of sewage sludge in a sewage
sludge incinerator or grit and screenings generated during the preliminary treatment of
domestic sewage in a treatment works. 14 CCR 17852(a)(9)
c) “Compost” means the product resulting from the controlled biological
decomposition of organic solid wastes that are source separated from the municipal solid
waste stream, or which are separated at a centralized facility. 14 CCR 17896.2(a)(4)
d) “Compostable material” means any organic material that when accumulated
will become active compost. 14 CCR 17852(a)(11)
e) “Compostable Material Handling Facility permitted or authorized by 14
CCR § 17854.1” means a facility described by the tiered regulatory system adopted by
the California Integrated Waste Management Board in 1994.
f) “Digestate” means the solid and/or liquid residual material remaining after
organic material has been processed in an in -vessel digester. 14 CCR 17896.2(a)(6)
g) “Large Volume In-vessel Digestion Facility” means a facility that receives an
average greater than 100 tons of solid waste per operating day or greater than 700 tons
(2,800 cubic yards) per week of solid waste for digestion in an in -vessel digester. 14 CCR
17896.2(a)(15)
h) “Manure” is an agricultural material and means accumulated herbivore or avian
excrement. This definition shall include feces and urine, and any bedding material, spilled
feed, or soil that is mixed with feces or urine. 14 CCR 17896.2(a)(18) SB1383